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HomeMy WebLinkAbout20240102 Ver 1_elyse meadows permit attachments_20240115Site Plans c/§ ° � R ; |)• 2 2 S U v ; ;,| O m _ 2 \!| m 2 0 o B LU cn 2 a \;- _ - ^ | ; w cn w 0 - Ems= ° } � :y x /® \ §�\� �/}\� A i1- — a \ )] _ �§ 0 § e _z. > NN2 flgflg C�'a N a o N QGg O> _a LU _ Nat z♦W� C Q a � w - R w w w v/ cc Z Z _ o w Q m LV W LCU _ W C cn O N H d acid z o U ¢ o a o \o U � � ro F o ro OO ov Olu N m o ci U w0 H ou y, w 0 w o w w � �I P O f a w a �Zz v a- u °u� u - �N 21712a 2Nkw wOw U !� W Z w� O^1NZin W Z°J ~QOQ / �3 �wwa \� w aN a a� J \ of O 3 o a w a fn LLo Qa �. 10 P �� \1�`•Vv.\\ „� _ g aZU �Lil Lu o �- c� w o s a w m O U O j Z (3)y2� �Yg r �Hg Wp> H JWLU o N W C cn w a O m 2 0 a z w H o z � U Q Q 3 o a w a F p a Q Z U o W 0 O � Z z M o w w w y w w o Z ~ W U 2 O rc w 2 O o N �y2 1 N NQ J O �Hg Wp> H NCG U Jcc W zz z M o - N LU _ 0 W C V/ cc W a 2 m U d U a 2 o� B-, CIL M I o N \ , El vo n7 O N 0 U a 2 O Z � a a p o o m w } 3 o a w z a a F p a Q Z U 3 o a U m 3 z w O U O � N w Z z 3 > a 0 N O O O 0£'LOZ O + Z 90E O ® a U w K ® o D U om00 0 o CV 0 �2 O N N uO O N w N Na � } w mp J oa rl � a a aw ro m� Imo m moo J3 a An70 30 J N N O — mprn Q O VI N U 3 Q r apt ¢> < QUo 3 w �� Wx ,x Na3 N coo z z_za tea} zoz I a wZa U O xMx awa 0 =<0 o lox NN2� Uyv A o g y U) N LU W � a:_j Cl) U Q o0 Qa J W W (n Q J _ Zz a�CVm �aa 2�a o o - ¢� o o -o= - n 0 a z o z � w H U Q Q m U 3 o a w a F a }o L 3 o a o 3 z N w U > l o W z i�3>a Lo L ^ J U N LO 0 ro r 0 00 �C) N Qo a a mw U a 3� z a�3 FQO ~ 3 C) coo w o ?aa z a NOQ a wz3 Q U 00 a =moo a r.W ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Andrew Ross Triangle Land Partners, LLC PO Box 5548 Cary, NC 27512 Project: Elyse Meadows NORTH CAROLINA Environmental Quality January 12, 2024 Expiration of Acceptance: 7/12/2024 County: Harnett The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the applicable 404 Permit/401 Certification/Buffer Approval within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Cape Fear 03030004 Riparian Wetland 0.22 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, Kelly B. Williams In -Lieu Fee Program Coordinator cc: Rhiannon Graham, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 PJ D ,d ierracon November 2, 2023 U.S. Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Truelove Enterprises Property Preliminary Jurisdictional Determination Request Harnett County, North Carolina Terracon Project No. 70237261 Please reference the attached Preliminary Jurisdictional Determination (PJD) request package for the Truelove Enterprises Property. The site is located off McDougald road in Harnett County, North Carolina. The site consists of approximately 121 acres of agricultural fields and undeveloped forested land. Terracon personnel conducted a wetland/stream delineation of the site in May 2023. Terracon did identify potential wetlands, tributaries, and surface water ponds on the site. Reference attached data forms and exhibits for documentation. Terracon looks forward to working with you on this project. If you have any questions regarding the content of this PJD submittal, please contact me at (760) 717-2621 or via email at rhiannon.graham(a�terracon.com. Sincerely, Terracon Consultants, Inc. Rhiannon Graham Field Scientist, Natural Resources Jeff Harbour, SPWS Senior Scientist, Natural Resources Attachments: JD Request Form, PJD Form, Exhibits, Data Forms, Photos 4%, Terracon Consultants Inc. 2401 Brentwood Road, Suite 107, Raleigh, NC 28208-3608 urisdictional Determination Reauest US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 11 Spence Way Lane City, State: Lillington, NC 27546 County: Harnett Parcel Index Number(s) (PIN): 0539-98-0036.000 B. REQUESTOR INFORMATION Name: Rhiannon Graham Mailing Address: 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Telephone Number: 919-457-1110 Electronic Mail Address: rhiannon.graham@terracon.com Select one: ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultanti ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Gene Truelove Mailing Address: P.O. BOX 1475 Fuquay Varina, NC 27546 Telephone Number: 919-795-3053 Electronic Mail Address: trueloveg@earthlink.net 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Rhiannon Graham Print Name Capacity: ❑ Owner Z Authorized Agent' 11 /2/23 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 121.44 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS zProject Coordinates (Decimal Degrees): Latitude: Longitude: 35.39167 -78.86407 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. Vicinity Map 0 Aerial Photograph USGS Topographic Map 0 Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑✓ NC Division of Water Resources Stream Identification Forms ILJ Other Assessment Forms *APT has been offline and unavailable for us to use; therefore apt is not provided with this submittal ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Rhlannon Graham-Terracon C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Harnett City: Lillington Center coordinates of site (lat/long in degree decimal format): Lat.: 35.39167 Long.:-78.86407 Universal Transverse Mercator: 17S 693988 3918573 Name of nearest waterbody: Cape Fear River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) See Attached 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Potential Wetlands and Waters 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Lillington ❑ Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey of Harnett County ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ■❑ Aerial (Name & Date): Potential Wetlands/Waters or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Estimated Amount Geographic Site # Lat Long of Aquatic Resource Type of Aquatic Resource Authority in Review Area Non wetland water T1 35.39180 -78.86649 3,083 LF Section 404 (Perennial stream) Non wetland water T2 35.38850 -78.87062 319 LF Section 404 (Perennial stream) Non wetland water T3 35.38898 -78.86487 349 LF Section 404 (Perennial stream) Non wetland water D1 35.39351 -78.86128 81 LF Section 404 (Ditch) W1 35.39386 -78.87110 0.02 AC Wetland Section 404 W2 35.39282 -78.86657 0.17 AC Wetland Section 404 W3 35.39225 -78.86641 0.01 AC Wetland Section 404 W4 35.39194 -78.86735 1.94 AC Wetland Section 404 W5 35.39070 -78.86737 0.06 AC Wetland Section 404 W6 35.38952 -78.86905 0.07 AC Wetland Section 404 W7 35.38911 -78.86958 0.21 AC Wetland Section 404 W8 35.38874 -78.87079 0.02 AC Wetland Section 404 W9 35.38831 -78.87071 0.92 AC Wetland Section 404 Estimated Amount Geographic Site # Lat Long of Aquatic Resource Type of Aquatic Resource Authority in Review Area W10 35.39098 -78.86231 5.30 AC Wetland Section 404 W11 35.38934 -78.86111 2.08 AC Wetland Section 404 DocuSign Envelope ID: 25172E42-D3A8-46A9-AO70-2DF37CEEOA30 Irerracon USACEINCDWR Agent Authorization Form Property/Site Address of Site: [? v &,&J"( Parcel Identification Number (PIN): a � 3 q — � 5 ~ 0056, 000 Owner Information: Name: (!4e- �ue,llbye- Address: P, Cd r RO� 117�7p/ Telephone Number: E-mail Address. r' le&q 0 uJA 1J +7 k, iie4 Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Terracon, as designated by the current property owner, is the authorized consultant to coordinate, schedule, and provide supplemental information to both agencies in support of this verification and/or permit application. /—DocuSigned by: Property Owner Signature: Date: 10/30/2023 Terracon Consultants Inc. 2401 Brentwood Road, Suite 107. Raleigh, NC 28208-3608 P:919-873-2211 F:919-873-9555 terracon.com Cape Fear River Basin O USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Censusi. Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed April, 2023. Legend O Project Study Area Data Sources: Site Boundary provided by Client & NC One Map Data 0 500 1,000 2,000 3,000 Fee PM: RG Project No. 70237261 Wrerracon USGS Topo EXHIBIT No. Drawn By: RG Scale: 1 in = 1,000 ft Truelove Enterprises Property Harnett County, North Carolina 1 Checked By: JH File Path: Site Diagram pproved By: JH J Date: 4/27/2023 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919)873-9666 NRCS Soils Mapping Units Bb:Bibb soils, frequently flooded FuB: Fuquay gravelly loamy sand, 0-6% slopes GaB:Gilead loamy sand, 2-8% slopes Bb NoB:Norfolk loamy sand, 2-6% slopes WaB:Wagram loamy sand, 0-6% slopes Wa B NeD \ / \dhk" Legend O Project Study Area FuB Ut Data Sources: Site Boundary provided by Client & NC One Map Data 0 200 400 800 1,200 Fee PM: RG Project No. 70237261 Wrerracon NRCS SOIIS EXHIBIT NO. Drawn By: RG Scale: 1 in = 400 ft Truelove Enterprises Property Harnett County, North Carolina 3 Checked By: JH File Path: Site Diagram pproved By: JH J Date: 4/27/2023 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919)873-9666 OProject Study Area —Potential Tributary ®Potential Wetland Potential Ditch Legend Data Sources: Site Boundary provided by Client & NC One Map Data 0 200 400 800 1,200 Fee PM: RG Project No. 70237261 lFrerracon Potential Wetlands and Waters EXHIBIT NO. Drawn By: RG Scale: 1 in = 400 ft Truelove Enterprises Property Harnett County, North Carolina 3 Checked By: JH File Path: Site Diagram pproved By: JH Date: 5/4/2023 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919)873-9666 NC DWQ Stream Identification Form Version 4.11 T1 Date: May 3, 2023 Project/Site: Truelove Enterprise Latitude: 35.39222 Evaluator: Graham, Rhiannon county: Harnett County Longitude: 78.86632 Total Points: 47.5 Stream Determination (circle one) Other Lillington Stream is at least intermittent if>_ 19 or erennial if 30` Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomorphology (Subtotal =29 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 10.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = $ 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWQ Stream Identification Form Version 4.11 T2 Date: May 3, 2023 Project/Site: Truelove Enterprise Latitude: 35.38852 Evaluator: Graham, Rhiannon county: Harnett County Longitude: 78.87004 Total Points: Stream is at least intermittent 38.25 Stream Determination (circle one) Other Lillington if>_ 19 or perennial if>_ 30` Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomorphology (Subtotal = 2 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 7.5 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 6.75 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWQ Stream Identification Form Version 4.11 T3 Date: May 2, 2023 Project/Site: Truelove Enterprise Latitude: 35.38912 Evaluator: Graham, Rhiannon county: Harnett County Longitude: 78.86458 Total Points: Stream is at least intermittent 39.75 Stream Determination (circle one) Other Lillington if>_ 19 or perennial if>_ 30` Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomorphology (Subtotal = 23 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 10 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = F 7.ri 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Truelove Enterprises Property City/County: Harnett County Sampling Date: 02 May, 2023 Applicant/Owner: Triangle Land Partners, LLC State: NC Sampling Point:W4 Wet Investigator(s): Graham, Rhiannon; Reenan, Nick Section, Township, Range: NA Landform (hillslope, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope (%): 0-6 Subregion (LRR or MLRA): LRR-P Lat: 35.39213 Long:-78.86707 Datum: WGS 84 Soil Map Unit Name: Bibb Soils, frequently flooded NWI classification: PFO Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes ✓ No Wetland Hydrology Present? Yes ✓ No Remarks: represents W1,W2,W3,W4,W5,W6,W7,W8 HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) ✓ Surface Water (Al) ✓ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) ✓ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) ✓ Drainage Patterns (1310) ✓ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) ✓ Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) ✓ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes ✓ No Depth (inches): 3„ Water Table Present? Yes ✓ No Depth (inches): Surface Saturation Present? Yes ✓ No Depth (inches): Surface Wetland Hydrology Present? Yes ✓ No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W4 Wet Absolute Dominant Indicator Tree Stratum (Plot size: 30ft. radius ) % Cover Species? Status 1 Acer rubrum 20 Yes FAC 2. 3. 6. 7. 20 = Total Cover 50% of total cover: 10 20% of total cover: 4 Saplina/Shrub Stratum (Plot size: 30ft. radius ) 1 Acer rubrum 20 Yes FAC 2. Ligustrum sinense 60 Yes FACU 3. 4. 5. 7. 8. 9. 50% of total cover: 40 Herb Stratum (Plot size: 30ft. radius ) 1. Arundinaria gigantea -) Woodwardia areolata 3. 4. 7. 8. 50% of total cover: 10 Woody Vine Stratum (Plot size: 30ft. radius ) 1. Smilax rotundifolia 2. Rubus argutus 4. 5. 80 = Total Cover 20% of total cover: 16 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) Total Number of Dominant Species Across All Strata: 7 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 71.43% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = 0 FACW species x 2 = 0 FAC species x 3 = 0 FACU species x 4 = 0 UPL species x 5 = 0 Column Totals: (A) 0 (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% _ 3 - Prevalence Index is:53.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless 20 = Total Cover of size, and woody plants less than 3.28 ft tall. 20% of total cover: 4 Woody vine - All woody vines greater than 3.28 ft in heiaht. 15 Yes FAC 10 Yes FACU 25 = Total Cover 50% of total cover: 12.5 20% of total cover: 5 Remarks: (Include photo numbers here or on a separate sheet.) Hydrophytic Vegetation Present? Yes ✓ No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W4 wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-3 10Y4 3/2 100 Loam 3-20 10YR 6/2 90 7.5Y 4/6 10 C M Loamy Clay 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): TVDe: Depth (inches): Remarks: Hydric Soil Present? Yes ✓ No US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Truelove Enterprises Property City/County: Harnett County Sampling Date: 02 May, 2023 Applicant/Owner: Triangle Land Partners, LLC State: NC Sampling Point:W4 Up Investigator(s): Graham, Rhiannon; Reenan, Nick Section, Township, Range: NA Landform (hillslope, terrace, etc.): Hillslope Local relief (concave, convex, none): Convex Slope (%): 2-8% Subregion (LRR or MLRA): LRR-P Lat: 35.39223 Long:-78.86773 Datum: WGS 84 Soil Map Unit Name: Gilead loamy sand, 2-8% slopes NWI classification: PFF Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No ✓ Is the Sampled Area Hydric Soil Present? Yes No ✓ within a Wetland? Yes No ✓ Wetland Hydrology Present? Yes No ✓ Remarks: Represents W1,W2,W3,W4,W5,W6,W7,W8 HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): NA Water Table Present? Yes No ✓ Depth (inches): >20" Saturation Present? Yes No ✓ Depth (inches): '20„ Wetland Hydrology Present? Yes No ✓ includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: W4 Up Absolute Dominant Indicator Tree Stratum (Plot size: 30ft radius ) % Cover Species? Status 1 Pinus taeda 15 Yes FAC 2. 3. 6. 7. 15 = Total Cover 50% of total cover: 7.5 20% of total cover: 3 Saplina/Shrub Stratum (Plot size: 30ft radius ) 1 Ligustrum sinense 80 Yes FACU 2. Acer Rubrum 10 No FAC 3. 4. 5. 7. 8. 9. 50% of total cover: 45 Herb Stratum (Plot size: 30ft radius ) 1. Ligustrum sinense 2 Rubus argutus 3 Polystichum acrostichoides 4. 7. 8. 50% of total cover: 27.5 Woody Vine Stratum (Plot size: 30ft radius ) 1. Lonicera japonica 2. Gelsemium sempervirens 4. 5. 90 = Total Cover 20% of total cover: 18 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 7 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 42.86% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = 0 FACW species x 2 = 0 FAC species 55 x 3 = 165 FACU species 155 x 4 = 620 UPL species x 5 = 0 Column Totals: 210 (A) 785 (B) Prevalence Index = B/A = 3.7 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% _ 3 - Prevalence Index is:53.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 15 Yes FACU Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub — Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb — All herbaceous (non -woody) plants, regardless 55 = Total Cover of size, and woody plants less than 3.28 ft tall. 20°k of total cover: 11 Woody vine — All woody vines greater than 3.28 ft in heiaht. 20 Yes FACU 30 Yes FAC 50 = Total Cover 50% of total cover: 25 20% of total cover: 10 Remarks: (Include photo numbers here or on a separate sheet.) Hydrophytic Vegetation Present? Yes No ✓ US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 SOIL Sampling Point: W4 Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type, Locz Texture Remarks 0-20 10YR 4/4 100 Loam Hydric Soil Indicators: Histosol (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147) on: rL=rore Lining, ivi=iviainx. Indicators for Problematic Hydric So 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (TF12) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No ✓ US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Truelove Enterprises Property City/County: Harnett County Sampling Date: 02 May, 2023 Applicant/Owner: Triangle Land Partners, LLC State: NC Sampling Point:W10 Wet Investigator(s): Graham, Rhiannon; Reenan, Nick Section, Township, Range: NA Landform (hillslope, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope (%): 0-6 Subregion (LRR or MLRA): LRR-P Lat: 35.39094 Long:-78.86253 Datum: WGS 84 Soil Map Unit Name: Fuquay Gravelley Loamy Sand, 0-6% slopes NWI classification: PFF Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes ✓ No Wetland Hydrology Present? Yes ✓ No Remarks: Represents W9,W10,W11 HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) ✓ Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) ✓ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) ✓ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) ✓ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) ✓ Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes ✓ No Depth (inches): 6„ Water Table Present? Yes ✓ No Depth (inches): Surface Saturation Present? Yes ✓ No Depth (inches): Surface Wetland Hydrology Present? Yes ✓ No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W10 Wet Tree Stratum (Plot size: 30ft. radius ) 1 Acer rubrum 2. Nyssa sylvatica 3. Liriodendron tulipifera 6. 7. 50% of total cover: 45 Saplina/Shrub Stratum (Plot size: 30ft. radius ) 1 Acer rubrum 2. Nyssa sylvatica 3. Liriodendron tulipifera 4. 5. 7. 8. 9. 50% of total cover: 35 Herb Stratum (Plot size: 30ft. radius ) 1. Arundinaria gigantea 3. 4. 7. 8. 50% of total cover: 5 Woody Vine Stratum (Plot size: 30ft. radius ) 1. 2. 4. 5. Absolute Dominant Indicator Dominance Test worksheet: % Cover Species? Status Number of Dominant Species 30 Yes FAC That Are OBL, FACW, or FAC: 5 (A) 40 Yes FAC Total Number of Dominant 20 Yes FACU Species Across All Strata: 7 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 71.43°k (A/B) Prevalence Index worksheet: 90 Total % Cover of: Multiply by: = Total Cover 20% of total cover: 18 OBL species x 1 = 0 FACW species x 2 = 0 20 Yes FAC FAC species x 3 = 0 30 Yes FAC FACU species x 4 = 0 20 Yes FACU UPL species x 5 = 0 Column Totals: (A) 0 (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% _ 3 - Prevalence Index is:53.0' 70 = Total Cover 4 -Morphological Adaptations (Provide supporting 20% of total cover: 14 data in Remarks or on a separate sheet) CA„XA, _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless 10 = Total Cover of size, and woody plants less than 3.28 ft tall. 20% of total cover: 2 Woody vine - All woody vines greater than 3.28 ft in heiaht. = Total Cover 50% of total cover: 0 20% of total cover: 0 Remarks: (Include photo numbers here or on a separate sheet.) Hydrophytic Vegetation Present? Yes ✓ No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W10 wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-6 2.5Y 2.5/1 100 C M Loam 6-20 2.5Y 6/1 90 7.5Y4 4/6 10 C M Loamy Clay 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): TVDe: Depth (inches): Remarks: Hydric Soil Present? Yes ✓ No US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Truelove Enterprises Property City/County: Harnett County Sampling Date: 02 May, 2023 Applicant/Owner: Triangle Land Partners, LLC State: NC Sampling Point:W10 Up Investigator(s): Graham, Rhiannon; Reenan, Nick Section, Township, Range: NA Landform (hillslope, terrace, etc.): Hillslope Local relief (concave, convex, none): Convex Slope (%): 0-6% Subregion (LRR or MLRA): LRR-P Lat: 35.39103 Long:-78.86278 Datum: WGS 84 Soil Map Unit Name: Fuquay Gravelley Loamy Sand, 0-6% slopes NWI classification: PFF Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No ✓ Is the Sampled Area Hydric Soil Present? Yes No ✓ within a Wetland? Yes No ✓ Wetland Hydrology Present? Yes No ✓ Remarks: This is an agriculture field represents W8,W9,W10 HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): NA Water Table Present? Yes No ✓ Depth (inches): >20" Saturation Present? Yes No ✓ Depth (inches): '20„ Wetland Hydrology Present? Yes No ✓ includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: W10 Up Tree Stratum (Plot size: 30ft radius ) 1 none present 2. 3. 6. 7. 50% of total cover: 0 Saplina/Shrub Stratum (Plot size: 30ft radius ) 1 none present 3. 4. 5. 7. 8. 9. 50% of total cover: 0 Herb Stratum (Plot size: 30ft radius ) 1. Festuca rubra -) Taraxacum officinale 3. 4. 7. 8. 50% of total cover: 50 Woody Vine Stratum (Plot size: 30ft radius ) 1. None present 2. 4. 5. Absolute Dominant Indicator Dominance Test worksheet: % Cover Species? Status Number of Dominant Species That Are OBL, FACW, or FAC: 0 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: Oak (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: = Total Cover 20% of total cover: 0 OBL species x 1 = 0 FACW species x 2 = 0 FAC species x 3 = 0 FACU species 100 x 4 = 400 UPL species x 5 = 0 Column Totals: 100 (A) 400 (B) Prevalence Index = B/A = 4 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% _ 3 - Prevalence Index is:53.0' = Total Cover 4 -Morphological Adaptations (Provide supporting 20% of total cover: 0 data in Remarks or on a separate sheet) Rn V.. Fnri 1 — Problematic Hydrophytic Vegetation' (Explain) Zu Yes rAUU 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub — Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb — All herbaceous (non -woody) plants, regardless 100 = Total Cover of size, and woody plants less than 3.28 ft tall. 20% of total cover: 20 Woody vine — All woody vines greater than 3.28 ft in heiaht. = Total Cover 50% of total cover: 0 20% of total cover: 0 Remarks: (Include photo numbers here or on a separate sheet.) Hydrophytic Vegetation Present? Yes No ✓ US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 SOIL Sampling Point: W10 Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type, Locz Texture Remarks 0-20 10YR 5/4 100 clay Hydric Soil Indicators: Histosol (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147) on: rL=rore Lining, ivi=iviainx. Indicators for Problematic Hydric So 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (TF12) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No ✓ US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 Project No. 70237261 rr ierracon Cq IA a 2 Y fi�•C; 1Y y yhS^�- ". R - iir. +iCd y. ,� �!• � !"_" k �* " AYE¢+"x� �" .,.�6 � a/,���� � �� :-'� i�'�, � � r. VIA CO Vi LO i CO CO e Photograph 1- W1 wetland. co _ N ffi' C�3 �• i CO CO�� - - �g > t k 5 0 "f - g r A gat c%F 9. a +rd r A' � .. 4 � �%�� � �,� �. ,*�1 dam.•' -,9 J �i ill CO "W. ' ar ,r h Za®a q=S LO r Photograph 2- W2 Werland. Truelove Enterprises Property :' r6 ���, � i iI `. � T� •�4 �k ,R a �+,�.�- 'gyp+`.%' ���: ti — • jS �� • � � �� � ��£ �- � ,cry ���� � e.� � ,. £ � , •• a�i,� � s i'� r ��y[yC✓..,may"+��� .y.��{�. - "�W�y . •7"F Ia► .nt'i ��w .-.,... W NW l N NE 40 270 300 330 0 30 60. -41 �Y 7 OF W �`.03 May 2023, 14:02:30 Project No. 70237261 rr ierracon to LO +I F l O ,p J N �L g fT^ W µ C'7 11 ma Photograph 7- W9 wetland. LD lzt CO Lo CO W 1-4 LO T" Photograph 8- W9 wetland. Truelove Enterprises Property Is. C\l 50 0A PC Aw La, 1 77 CD A i'l 0 V w� P, C\f g R Y� +C ,} � � Cg{ Z ,• s s Ids@ e _ a^ ;� 1p 3 yy a e 0 L — 0 rn — m r Project No. 70237261 rr ierracon Truelove Enterprises Property Project No. 70237261 rr ierracon i 150 180 2101 SW 240 270 300 BRG: 214°SW (T) LAT. 35.389455 LON:-78.868832 ±42ft ALT: 210ft If �. r� -1 �. � k tier '• 1 .e - e• ';. V Photograph 17- Tributary T1 downstream. r.. � 4At kf b�ff�a� i w� x r r CAI i i.i t� �.: [x ttlI td {������ �� ot Co Cd t7k ; F 3' "` . , A.. ? as a yi vSl �"{i6al �' Co 4$ - r. ,• 4 M'fill`. Uk Photograph 18- Tributary T1 at southern boundary. Truelove Enterprises Property Letter of Findings ierracon May 10, 2023 Triangle Land Partners, LLC PO Box 5548 Cary, NC 27512 Attn: Andrew Ross P: (919) 703-6203 E: andrewross647(cbgmail.com RE: Truelove Enterprises Property Wetlands/Waters Delineation Harnett County, NC Terracon Project No: 70237261 Dear Mr. Ross: 2401 Brentwood Rd, Suite 107 Raleigh, NC 27604 P (919) 873-2211 Terracon.com Terracon Consultants, Inc. (Terracon), has completed the requested wetlands and waters delineation for the Truelove Enterprises Property, totaling approximately 121.44-acres in Harnett County, NC (Exhibit 1). Terracon staff was tasked with identifying features that may be considered subject to jurisdiction and permitting requirements under Sections 404 and 401 of the Clean Water Act (CWA) and under the North Carolina Isolated and Other Non-404 Jurisdictional Wetlands and Waters program. Background Research Prior to the initiation of field efforts, several available resources were reviewed, including the U.S. Geological Survey (USGS) 7.5-minute topographic quadrangles of Lillington, NC, the Natural Resources Conservation Service (NRCS) Published Soil Survey of Harnett County, NC, aerial photography, and other publicly available mapping resources. Field work was conducted by technical staff on May 2 and May 3, 2023. Topography Topography in the study area is characterized by slopes and drainages. Elevations range from a high of approximately 260 feet above mean sea level (MSL) down to approximately 190 feet above MSL (Exhibit 1) based on a review of USGS mapping and other online resources. Soils Exhibit 2 depicts five soil mapping units potentially occurring in the study area: Bibb soils, frequently flooded; Fuquay gravelly loamy sand, 0-6% slopes; Gilead loamy sand, 2-8% slopes; Norfolk loamy sand, 2-6% slopes; and Wagram loamy sand, 0-6% slopes. The soil mapping units Bibb soils, frequently flooded and Gilead loamy sand, 2-8% slopes, all potentially occurring in the study area, are considered hydric (wetland) soils by NRCS. Explore with us Truelove Enterprises Property I Harnett County, NC May 10, 2023 I Terracon Project No. 70237261 , ierracon Wetlands and Waters Section 404 of the Clean Water Act (CWA) requires regulation of discharges into waters of the U.S. (WOTUS). Although the principal administrative agency of the CWA is the U.S. Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE) has major responsibility for implementation, permitting, and enforcement of provisions of the CWA. Water bodies such as rivers, lakes, and streams are subject to jurisdictional consideration under the Section 404 program. However, by regulation, certain wetlands are also considered WOTUS. Currently WOTUS are assessed by the CWA's 2023 definition of WOTUS. This definition of WOTUS includes the implementation of rulemaking as decided in the Supreme Court's 2015 decision of the consolidated cases Rapanos v. United States and Carabeii v. United States. Specifically, the following waters will be under federal jurisdiction pursuant to the CWA: • Traditional navigable waters (TNWs) • Wetlands adjacent to TNWs • Non -navigable tributaries of traditional navigable waters that are relatively permanent where the tributaries typically flow year-round or have continuous flow at least seasonally (3 months) • Wetlands that directly abut such tributaries • Relatively permanent, standing or continuously flowing bodies of water "forming geographic features" that are described in ordinary parlance as "streams, oceans, rivers, and lakes". These are Relatively Permanent Waters (RPWs). The following waters will be considered jurisdictional if a significant nexus (contributes to the physical, chemical, or biological integrity of downstream TNWs) exists between these features and traditional navigable waters: • Non -navigable tributaries that are not relatively permanent • Wetlands adjacent to non -navigable tributaries that are not relatively permanent • Wetlands adjacent to but that do not directly abut a relatively permanent non -navigable tributary The following waters will be considered non jurisdictional under the CWA: • Swales or Erosional features (gullies, small washes characterized by low volume, infrequent or short duration flows) • Ditches (including roadside ditches) excavated wholly in and draining only uplands and that do not carry a relatively permanent flow of water. However, wetlands and other waterbodies that do not fall under federal regulation per the CWA may be subject to jurisdiction by the N.C. Division of Water Resources (NCDWR) under the state's Isolated and Other Non-404 Jurisdictional Wetlands and Waters program. Our delineation methodology generally follows the guidance outlined in the Regional Supplement to the USACE Wetland Delineation Manual for the Eastern Mountains and Piedmont Region, which states that areas must exhibit three distinct characteristics to be considered jurisdictional wetlands: 1) prevalence of hydrophytic (water tolerant) plants; 2) presence of hydric soils; and 3) sufficient wetland hydrology indicators within 12 inches of the ground surface. The study area was also reviewed for the presence of tributaries (stream channels) using criteria provided by the USACE and the NCDWR. When present, intermittent and perennial tributaries, and certain other surface waters, are also considered jurisdictional by the USACE and/or NCDWR. 2 Explore with us Truelove Enterprises Property I Harnett County, NC May 10, 2023 I Terracon Project No. 70237261 , ierracon Preliminary Delineation Results Our review of the Truelove Enterprises property identified eleven (11) potential wetlands and three (3) potential tributaries (Exhibit 3). Potential wetlands were flagged with pink -and -black and blue flagging and potential tributaries were flagged with blue and orange flagging. These delineation results are considered preliminary and are subject to review and approval by the USACE, should you request, and USACE chooses to review the delineation. Exhibit 3 depicts the approximate location and extent of the potential wetland and waters and was prepared using non - survey grade, sub -meter GPS data. Exhibit 3 is not a replacement for a traditional survey. It is suitable for preliminary planning purposes only and for use by a surveyor to aid in locating flags. The following tables contain the specific information for the potential wetlands and tributaries that were identified and delineated inside the property boundary. The potential wetlands were classified according to the North Carolina Wetland Assessment Method (NCWAM). The wetlands onsite were classified as Headwater Forest Wetlands and Riverine Swamp Forest Wetlands. Headwater Forest wetlands are found in geographic floodplains of first order or smaller streams and in crenulations without a stream. Riverine Swamp Forests are characterized by seasonal to semi -permanent inundation and occur in headwaters of streams and depressions, amongst other things. Table 1. Potential Wetlands Identified for the Truelove Enterprises Property Potential NCWAM Approximate Hydrophytic Hydric Soil Indicators of Wetland Classification size (ac) Vegetation' (Munsell Hydrology' ID color) Headwater Netted chain 2.5Y 5/1 Saturation, W1 Forest 0.02 fern, red maple with Redox drainage patterns Headwater Netted chain 2/1 Surface water, W2 Forest 0.17 fern, red maple, with th Redox drainage giant cane patterns Headwater Netted chain 2.5Y 2/1 Saturation, W3 Forest D.01 fern, red maple with Redox drainage patterns Headwater Netted chain R 3/2 Surface water, W4 Forest 1.94 fern, red maple, with Redox th drainage Chinese privet patterns Headwater Netted chain 10YR 3/2 Saturation, W5 Forest 0.06 fern, red maple with Redox drainage patterns Headwater Netted chain 10YR 3/2 Saturation, W6 Forest 0.07 fern, red maple, with Redox drainage giant cane patterns Headwater Netted chain R 3/2 Surface water, W7 Forest 0.21 fern, red maple, with th Redox drainage giant cane patterns Headwater Netted chain 10YR 3/2 Saturation, W8 Forest 0.02 fern, red maple with Redox drainage patterns 3 Explore with us Truelove Enterprises Property I Harnett County, NC May 10, 2023 1 Terracon Project No. 70237261 ,, Terracon Potential NCWAM Approximate Hydrophytic Hydric Soil Indicators of Wetland Classification size (ac) Vegetation' (Munsell Hydrology' ID color) Netted chain Water -stained W9 Headwater 0.92 fern, red maple, 10YR 3/2 leaves, Forest with Redox drainage giant cane patterns Riverine Black gum, red 2.5YSurface 2.5/1 water, W10 Swamp Forest 5.30 maple, sensitive with with redox drainage fern patterns Riverine Black gum, red 2.5Y 2.5/1 Surface water, W11 Swamp Forest 2.08 maple, sensitive with redox drainage fern patterns Total: 10.81 AC 1 Does not include all hydrophytic vegetation or hydrology indicators Table 2. Potential Tributaries Identified for the Truelove Enterprises Property Potential Tributary ID Flow Regime' NCDWR Stream Score Approximate Amount in Study Area (LF) T1 Perennial 47.5 3,083 T2 Perennial 38.25 319 T3 Perennial 39.75 349 Total: 3,716 LF 1 Based on NCDWR score at the time of the site investigation, however each stream is mapped as intermittent on USGS mapping. All three tributaries flow in a south-western direction and eventually leave the property before flowing into the Duncan's Creek. One potentially jurisdictional ditch was observed on site (D1) totaling in 81 ft. Clean Water Act Permitting Most impacts to wetlands and WOTUS, which are deemed under the jurisdiction of either the federal or state regulatory authority (USACE or NCDWR, respectively) must first be permitted pursuant to Section 404 and Section 401 of the CWA and/or the State's Isolated and Other Non-404 Jurisdictional Wetlands and Waters program. Activities so authorized are subject to additional requirements to comply with water quality and storm water management regulations. The Nationwide Permit (NWP) program, administered by USACE, provides permitting of impacts which do not exceed pre -determined thresholds. The delineated features will likely be subject to Section 404 jurisdiction. If determined necessary, Terracon can prepare and submit a Preliminary Jurisdictional Determination (PJD) request to USACE to request written concurrence through a site visit or desktop review. If no impacts to any of the WOTUS delineated onsite are proposed, then a PJD is not necessary. 4 Explore with us Truelove Enterprises Property I Harnett County, NC ierracon May 10, 2023 Terracon Project No. 70237261 Riparian Buffers/Setbacks The study area is within the Cape Fear River Basin. Specifically, the study area is in Harnett County. The Cape Fear River basin does not implement riparian buffers. However, Harnett County implements Watershed Buffer Rules within the WS-IV-PA watershed district, a 100-foot riparian buffer may apply to all perennial streams as indicated on ethe 1:24,000 scale (7.5 minute) quadrangle topographic map (Exhibit 1). Otherwise, a 30-ft riparian buffer is subject to intermittent streams as indicated on ethe 1:24,000 scale (7.5 minute) quadrangle topographic map (Exhibit 1). Although T1, T2, and T3 scored high enough to be considered perennial, they are depicted on the 1:24,000 scale (7.5 minute) quadrangle topographic map (Exhibit 1) as intermittent streams. Therefore, tributaries T1, T2, and T3 will likely be subject to a 30-foot riparian buffer. Impacts to the riparian buffer will require coordination with Harnett County. Recommendations Three (3) potential tributaries and eleven (11) potential wetlands have been delineated on the Truelove Enterprises Property Site. Terracon recommends that a PJD request be submitted to USACE if there is a possibility of Section 404 permitting being needed for the project. We are prepared to do this upon your authorization. Please contact our office if you have questions regarding this evaluation. Sincerely, Terracon Consultants, Inc. Rhli i ion Gp-ahaw Rhiannon Graham Senior Staff Scientist CC: Kirby LaForce Attachments: Exhibits & Photographs Jeff fArbogr Jeff Harbour, SPWS Senior Scientist 5 Explore with us Cape Fear River Basin O USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Cens,usi. Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed April, 2023. Legend O Project Study Area Data Sources: Site Boundary provided by Client & NC One Map Data 0 500 1,000 2,000 3,000 Fee PM: RG Project No. 70237261 W ierracvn USGS TOpo EXHIBIT No. Drawn By: RG Scale: 1 in = 1,000 ft Truelove Enterprises Property Harnett County, North Carolina 1 Checked By: JH File Path: Site Dia ram ved By: FT__ JH Date: 4/27/2023 2401 Brentwood Road. suite 107 Raleigh, NG 27604 Rhone: (919)373-2211 Fax: (919)873-9555 NRCS Soils Mapping Units N Bb:Bibb soils, frequently flooded FuB: Fuquay gravelly loamy sand, 0-6% slopes �z GaB:Gilead loamy sand, 2-8% slopes Bb NoB:Norfolk loamy sand, 2-6% slopes WaB:Wagram loamy sand, 0-6% slopes r +' FuB aa13 a GaB_4V Ne D E3, Legend O Project Study Area Data Sources: Site Boundary provided by Client & NC One Map Data 0 200 400 800 1,200 Fee PM: RG Project No. 70237261 W ierracvn NRCS SOIIS EXHIBIT NO. Drawn By: RG Scale: 1 in = 400 ft Truelove Enterprises Property Harnett County, North Carolina 3 Checked By: JH File Path: Site Dia ram Approved By: J H J Date: 1 4/27/2023 2401 Brentwood Road. suite 107 Raleigh, NG 27604 1 Phone: (919) 873-2211 Fax: (919) s73-B555 t 1> These preliminary delineation results are subject to regulatory review A ` ,r ' • and concurrence. IV .� This is not a replacement for a traditional survey and is suitable for preliminary planning purposes only and for use to aid in location of flags. Tributaries T1, T2, and T3 will likely be subject to a 30-ft Harnett County Riparian Buffer. Pk W1 " p11, �ar r �.. Mcp } ougaid .'YT1 u S�e�c► W2 - S 1 W5 '• ,� W6 p T1 W1 W7 ,; W Flagging Sequences T1:TB1-TB89 W2:WD1-WD9 W7:Wl1-Wl17 T2:TC1-TC13 W3:WE1-WE4 W8:WJ1-WJ4 T3:TA1-TA4 W4:WF1-WF31 W9:WK1-WK10,WL1-WL10 D1:DA1-DA4 W5:WG1-WG7 W10:WA1-WA36, WA1A-WA39A, W1:WM1-WM5 W6:WH1-WH5 WB9-WB34, WB1B-WB7B W11:WB1-WB7, WC1-WC4 Legend Data Sources: Site Boundary provided by Client & Project Study Area Potential Tributary NC One Map Data Potential Wetland Potential Ditch 0 200 400 800 1,200 Fee PM: RG Project No. 70237261 w ierracvn Potential Wetlands and Waters EXHIBIT NO. Drawn By: RG Scale: 1 in = 400 ft Truelove Enterprises Property Harnett County, North Carolina 3 Checked By: JH File Path: Site Diagram, Approved By: JH Date: 5/4/2023 2401 Brentwood Road. suite 107 Raleigh, Nc 27604 Phone: (919) 873-2211 Fax: (919) s73-B555 Project No. 70237261 w ierracon Truelove Enterprises Property U) C:) co — 46 OV, FF IW� MR, 7w, 51;l J-- Ar. Photograph 3- W4 wetland. O L-6 Project No. 70237261 w ierracon Truelove Enterprises Property Project No. 70237261 w ierracon Truelove Enterprises Property ^'�' Y. P317 R4 'Kim' iv , i UJ' t> r a� .e,. ii � • M • i � 4 y�fi < F.l . h 3 ��f SS �'l 9� yv��ACv � � ^��' �J,.y � f���� Xt"'✓ • `. n4 � � iiiil�f����: j�'9 y�� .� `�.r Er��P�_ �I ij '� �— •! 1� AL— V N t Q e��yy M., ;4v OAK- Nw z, r C L y� Or • + pi 'r 3 ,� '� t � Cif W- \ s �6 s - � N Wes— a; Project No. 70237261 w ierracon Truelove Enterprises Property Project No. 70237261 w ierracon Truelove Enterprises Property Project No. 70237261 w ierracon VO 2 n - h Y i 4. S r 3 r Photograph 19- Tributary T2 upstream. Photograph 20- Tributary T3 across. Truelove Enterprises Property Project No. 70237261 o ierracon +r v -- l'11J A T� Z (Y) O L0 Co 05 i O J LD CO Co Co C+? LD (r} y Q Co Photograph 21: Tributary T3 downstream. :0 BRG:1990S (T) LAT- 35.392758 LON:-78.863613 ±16ft ALT. 253ft 1 Z. r,6a y''r Photograph 22: View of ag field. Truelove Enterprises Property USFWS Self -Certification Package � 47T OF Tj��i a Zo United States Department of the 9 FISH AND WILDLIFE SERVICE �AJ�CH 31ah Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 11 /2/23 Self -Certification Letter Project Name Elyse Meadows IPaC Project Code: Dear Applicant: IPaC Record Locator 4 Interior Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑proposed/designated critical habitat; and/or 0 "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "no Eagle Act permit required" determinations for eagles. Version 5/22/2023 Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Version 5/22/2023 ME U cn cn O U O U C�6 L _N cB Q N N O N _O N c3 Cl co U c6 a)O "N Q - N CB N m N N _cn L O U cn CJ) L N= -N W cn U �_ U L U N U (6 N— U)= w-� N N.0 U cB p N - (D Q cn co - N (� cn U U U N U O a- Q O N p c N c O N U N -O co pO cn O - N = N � = -(D cn � � co � O N U N cn cn L_0 � � _ O ai _ c O 2f O 0 U �Ole O N E i i ti O Q e Co — OU CT •� 0 5 cr N c6 •� N N � i (� O .� F O ��_ O .O O O '� (� N O N N 0 N '� .N N Q '� E -o cn O O cn N O cn O _N co -0 cn cn Eco 0 L 0 O O N U U N O U > co U O co y Z C1) U co Q W N N U U -� N U �_ � c� U_ �_ cn �� N O N N L U .L N � �_j N Z � �_j N cx U /cB\ O Z N L N N -0 N Q . L ii: O O /ice U , Ca �J N O 0-0 p p Z O cl N m �� N E Co � �U Z U) �U .O Q� co QCM N 2 2 2 N cn N O— = O _U co N>— -0 Z N N Z� Z 2 N Z >, cn O U co L co U p p Uco p p _ Q-0 U)N (B cn .� LL /) C) Z Z Z Z Z O V a cc O LU ' a N U Z U N 1�cr L L Jcr L 0 O O Z O Z O v N C a U) LU cn U cn p cn _p cn N N Q N Q cn O Q Q O N y c6 c6 Co O C� N N L U _� 0 co 2 m cn O _ Co U m L c co 0 C/) U) O � U) = cn O co Z co Z C E L c6 Z U Q L N >+ N i co m p0 � N O � U) O m N N N cB N > _O O LL co i _U H Y 0 N N co O U U � O N O CL N LY is ca _ 0 L Occ U L E N N O O ca W Z O a Z Z U Z v a O W y-- U U E W W O i O O p N a N W Q� U)(n N U) N Q N CD- 0 ca N O ca ca L N O N Z z � N E Z v _ � L m LU U 70 O U a> N AI M O � N O 0- 0) O c L •— Q N Ln c� 0 United States Department of the Interior FISH AND WILDLIFE SERVICE + Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0031625 Project Name: elyse meadows subdivision _� FIAN &WILWAM 4An7rR January 02, 2024 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 01/02/2024 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 01/02/2024 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 01/02/2024 4 PROJECT SUMMARY Project Code: 2024-0031625 Project Name: elyse meadows subdivision Project Type: Residential Construction Project Description: proposed subdivision Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.390886699999996,-78.8659793914638,14z Counties: Harnett County, North Carolina 01/02/2024 5 ENDANGERED SPECIES ACT SPECIES There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) FISHES NAME STATUS Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6063 01/02/2024 H. INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA. 01/02/2024 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 15 Regions (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9427 Chimney Swift Chaetura pelagica Breeds Mar 15 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 25 USA and Alaska. https:Hecos.fws.gov/ecp/species/9406 Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. https:Hecos.fws.gov/ecp/species/9513 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. 01/02/2024 Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Brown -headed ' Nuthatch --- BCC -BCR Chimney Swift BCC Rangew de — — — - - — — - -III IIII IIII IIII IIII I�11 — — — - - — — - - — — - --- (CON) Prairie warbler BCC Rangewide (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action 01/02/2024 IPAC USER CONTACT INFORMATION Agency: Terracon Consultants Name: Rhiannon Graham Address: 2401 Brentwood Rd. Address Line 2: Suite 107 City: Raleigh State: NC Zip: 27610 Email rhiannon.graham@terracon.com Phone: 9194571110 Roy Cooper, Governor �R ■■■ ■■ x INC DEPARTMENT OF ■■ . 00 NATURAL AND CULTURAL RESOURCES ■ MEN January 2, 2024 Rhiannon Graham Terracon Consultants, Inc. 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 RE: elyse meadows Dear Rhiannon Graham: D. Reid Wilson, Secretary MiAy Buchanan Deputy Director, Natural Heritage Yrogram 101 \�� M1UKWZEA�1 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program 0EPAR7MENT OF NATURAL AND CULTURAL RESOURCES p] 121 W. JONES STREET RALE IGH. r-t% 27603 - 1651 M1IAIL SERviGE CCN ITR. RALEdGH. WC 27609 & OFC 019.7R79120 • FAX 919,707.9121 CO ■ ■ 4 a § > s 3 / \ e ( CO CO/ % / s / z ± CO .2 = s H \ \ \\ /Eqe e CO a) e v * ` \ \ « \ \ ~ \ o \ Al e 3 \ E .D co / / E } O e _ 2 e / E s ` \ u E \ 0 \ / / \ ■ CO 4 \ � / \ cn ./ CO E } O CO .k 3 \ \ \ E \ 0 CO ƒ \ \ CO \ / \\ § / m � O _0 Q 0 E 0 @ Q CY) cy') � � N W � � z C) z s 5 s \ c Cape Fear River Basin O USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Censusi. Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed April, 2023. Legend O Project Study Area Data Sources: Site Boundary provided by Client & NC One Map Data 0 500 1,000 2,000 3,000 Fee PM: RG Project No. 70237261 Wrerracon USGS Topo EXHIBIT No. Drawn By: RG Scale: 1 in = 1,000 ft Truelove Enterprises Property Harnett County, North Carolina 1 Checked By: JH File Path: Site Diagram pproved By: JH J Date: 4/27/2023 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919)873-9666 Wa B NRCS Soils Mapping Units Bb:Bibb soils, frequently flooded FuB: Fuquay gravelly loamy sand, 0-6% slopes GaB:Gilead loamy sand, 2-8% slopes Bb NoB:Norfolk loamy sand, 2-6% slopes WaB:Wagram loamy sand, 0-6% slopes Apo-, WaB ;00. 0e0000000 41 . • +� r, m`' No 0 N ea D B b Legend O Project Study Area FuB Ut Data Sources: Site Boundary provided by Client & NC One Map Data 0 200 400 800 1,200 Fee PM: RG Project No. 70237261 Wrerracon NRCS SOIIS EXHIBIT NO. Drawn By: RG Scale: 1 in = 400 ft Truelove Enterprises Property Harnett County, North Carolina 3 Checked By: JH File Path: Site Diagram pproved By: JH J Date: 4/27/2023 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919)873-9666 OProject Study Area —Potential Tributary ®Potential Wetland Potential Ditch Legend Data Sources: Site Boundary provided by Client & NC One Map Data 0 200 400 800 1,200 Fee PM: RG Project No. 70237261 lFrerracon Potential Wetlands and Waters EXHIBIT NO. Drawn By: RG Scale: 1 in = 400 ft Truelove Enterprises Property Harnett County, North Carolina 3 Checked By: JH File Path: Site Diagram pproved By: JH Date: 5/4/2023 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919)873-9666 Project No. 70237261 rr ierracon Cq IA a 2 Y fi�•C; 1Y y yhS^�- ". R iir. +iCd y. ,� �!• � !"_" k �* " AYE¢+"x� �" .,.�6 � a/,���� � �� :-'� i�'�, � � r. VIA CO Vi LO i CO CO e Photograph 1- W1 wetland. co , N g' J � • C�3 O � t E � Q C14 N � s CO Oil s LO s fq + ,. Photograph 2- W2 Werland. Truelove Enterprises Property ; If a!u �,��k - b r..a ! C• AI `� AZw rt{;wx. awl y ` `` W - NW l N NE 40 270 300 330 0 30 60. i _ram' • (, ��'" � `_ 1� � _ � _ b< r .�..._ �-.0s _.May 2023, 14 02N . Project No. 70237261 rr ierracon 4-1 tor t! 1 1 1 !.. Y , LO N 4 NL O ' — r� CO ay 4 c'r i 7s L Y 4 s _ j 0? r ' 62 r 3ff Photograph 7- W9 wetland. cs LO J _ �• .�+,�. � � �i � , ice:, � � - +I 3, CO `1 C6 e �d` �s mot; j d, W ■� R:F CO y s� ->Y l _ Ljf LO Ca Photograph 8- W9 wetland. Truelove Enterprises Property a -s -L-LU LU Nz 17, �L�} i '4�a+@�\.�.0 �:;���iFH :..gyp � 0. 1. k'��'•i�n�d� Ai pvf lp `���, .- �"•� . � fir' Project No. 70237261 rr ierracon Truelove Enterprises Property Project No. 70237261 rr ierracon i 150 180 2101 SW 240 270 300 BRG: 214°SW (T) LAT. 35.389455 LON:-78.868832 ±42ft ALT: 210ft If �. r� -1 �. � i tier '• 1 .e - e• Photograph 17- Tributary T1 downstream. Q� k'�7 ��.9`.�. 5 1.��' � H�� �'f� '� Ali$ L1 ';i ���I'br'• f�._ CO ''� ��� �. I �a$► {i �'` � �"� :, �o ,ec. r r� � �JN''�i � ,,y �d ti a�- 00 Cd gyp. ,& . +� : }�1 - �CN 00 R� i .. - ✓" I: d 00 r� Q `tk _ sip vtof 00 Photograph 18- Tributary T1 at southern boundary. Truelove Enterprises Property WWI LA