20240132 Ver 1_Cover Letter and Attachments_20240118

40 WithersRavenel
NOOur People. Your Success.
January 18, 2024
US Army Corps of Engineers
Raleigh Regulatory Field Office
Ms. Rachel Capito
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Ms. Stephanie Goss
1617 Mail Service Center
Raleigh, NC 27699
Re: MJM 104 Green Park Lane - NWP 13 PCN Submittal
Cary, Wake County
WR Project #23-1062
Ms. Capito and Ms. Goss,
On behalf of Anuj M ittal, we are requesting authorization from NCDWR for a 401 WQC and Neuse
River Buffer Authorization from NCDWR. Because the proposed total permanent impacts to
jurisdictional waters do not include discharges into wetlands, is less than 500 If, and do not involve
discharge of fill greater than one cubic yard per running foot, the project is eligible for authorization
under a non -notifying NWP 13. This application is being submitted to the USACE as a courtesy
copy. The following table represents the proposed impacts:
Proposed Impact Table
Feature
Type of Impact
Impact Specification
Impact
Area
SF
AC
Open Water
Shoreline Stabilization
Permanent
258
0.006
Open Water Totals
258
0.006
Buffers
Shoreline Stabilization
Permanent
622
0.01
Zone 1
Buffers
Construction Access
Temporary
7,871
0.18
Zone 1
Buffers
Construction Access
Temporary
2,449
0.06
Zone 2
Buffer Totals
10,942
0.25
The proposed project consists of 289 If of shoreline stabilization along the shore of Lake Lochmere
at 104 Green Park Lane, the site of an existing single-family home. The lake is a flood control
structure providing storage and peak flow attenuation for its associated drainage area. Lake
Lochmere forms a large portion of the property boundary for the subject single-family home.
The proposed project is located at 104 Green Park Lane, Cary, and borders the eastern shore of
Lake Lochmere in Wake County (Lat: 35.736604°N;-78.764488°W).
115 MacKenan Drive I Cary, NC 27511
t: 910.469.3340 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington

MJM 104 Green Park Lane :: WithersRavenel
Cary, Wake Co.
NWP 13 PCN Submittal Our People. Your Success -
The project is in the Neuse River basin (HUC: 030202011001) and onsite waters drain to Long
Branch. The Water Quality Classification for Long Branch is WS-III;NSW and the Stream Index
Number is: 27-43-2.8.
Proposed Project
The purpose of the proposed project consists of the stabilization of 289 If of shoreline of Lake
Lochmere along the project site. The lake shore along 104 Green Park Lane is experiencing
significant erosion. Shoreline erosion has resulted in a continuous loss of lake shore along the
residential property. This erosion became more evident following the passing of remnants of
hurricanes and other storm events in recent years and has accelerated loss of property.
The applicant proposes to stabilize the shoreline by placing fieldstone boulders along the shoreline,
which will be underlain with geotextile fabrics and #57 stone. Additionally, the area landward of
the boulder wall will be graded to reduce the slope to the boulder wall to prevent upland runoff
from eroding around and undercutting the boulders.
The proposed activities will occur along the lake shore for approximately 289 linear feet. There is
no substantial woody vegetation growing within the project area due to the existing sewer
easement along the rear of the parcel which has been maintained mowed lawn and mulched areas.
The proposed activities will not result in the removal of trees within the riparian buffer. All existing
trees have been surveyed and are shown on impact maps. Additionally, there are no wetlands or
streams present within the project area. The attached Photo Documentation provides
documentation of the existing conditions within the project area.
Project History
WR concedes Lake Lochmere (Long Branch) is jurisdictional to both USACE and NCDWR. We are
not requesting a jurisdictional determination.
WR concedes that Lake Lochmere is subject to the Neuse Buffer Rules and therefore a formal
buffer determination is not requested.
Proposed Impacts
Proposed permanent open water impacts of 0.006 ac (258 sf) are necessary for stabilization of the
lake shore due to significant erosion. The proposed shoreline stabilization includes the use of
boulders underlain with geotextile fabric. Various methods of stabilization have been explored but
boulders are the preferred material due to relative ease of construction, reduced impacts, long
term stability/protection and cost.
Permanent buffer impacts within Zone 1 are required to install shoreline stabilization (622 sf).
Temporary buffer impacts are proposed for construction access and grading of the areas landward
of the wall totaling 10,320 sf (Zone 1: 7,871 sf; Zone 2: 2,449 sf). These impacts were assessed as
temporary because the graded areas will be revegetated with lawn grass which will match the
existing conditions and will continue to be mowed regularly. Please note that the majority of the
buffer impacts will occur within an existing, maintained Town of Cary sewer easement and cannot
be planted with trees/wood shrubs. Shoreline stabilization is an activity "Allowable Upon
Authorization" in the Neuse Buffer Rules.
An existing and failing dock located on the property will be replaced within the same footprint. No
additional new impacts are proposed for the dock replacement. Similarly, an existing gravel swale
Page 2 of 4

MJM 104 Green Park Lane :: WikhersRavenel
Cary, Wake Co.
NWP 13 PCN Submittal ❑urpeople.Your Success -
will be replaced within the same footprint. No stream impacts and no wetland impacts are
proposed for the project.
Avoidance and Minimization
Proposed impacts for the shoreline stabilization are necessary to protect the residential property
and existing home and prevent further loss of lake shore/property and therefore are unavoidable.
Without corrective actions to prevent further erosion, the existing residential property is at risk of
further loss of property/shoreline, as well as polluting Lake Lochmere with eroded sediment. The
methods chosen to stabilize the lake shore are designed to resist wave action and minimize
impacts.
Neuse buffers cover a large portion of the property and must be traversed in order to install
shoreline stabilization. Permanent impacts within Zone 1 near the shoreline are unavoidable as
installing the boulders from the water side is not feasible. All other buffer impacts will be
temporary and cannot be avoided to access the lake shore during construction. Please note that
the majority of the proposed buffer impacts will occur within an existing, maintained Town of Cary
sewer easement.
Access during construction will occur from uplands but within the buffers. Additionally, sediment
and erosion control measures will be installed prior to construction. Lastly, the disturbed areas
within the buffer will be graded and planted with lawn grass which will mimic the existing
conditions and the area will continue to be mowed regularly.
Mitigation
The proposed project will result in 0.006 acres of permanent open water impacts. These impacts
do not require mitigation; therefore, the applicant does not propose mitigation. Additionally, the
proposed activities will eliminate the current erosion issues, thereby eliminating sediment input
into Lake Lochmere and improving the overall water quality.
Buffer impacts for shoreline stabilization are activities "Allowable Upon Authorization" and
therefore do not require buffer mitigation.
Page 3 of 4

MJM 104 Green Park Lane
Cary, Wake Co.
NWP 13 PCN Submittal
::WithefsRavenel
Our People. Your Success.
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely,
WithersRavenel
Rick Trone
Environmental Scientist
Attachments:
•
PCN Form
•
Agent Authorization Form
•
USGS Quads
•
Aerial Exhibit
•
Wake County Soil Survey
•
Property Owner Exhibit
•
NCNHP Project Review Letter
•
USFWS IPaC Species List
•
Photo Documentation
•
Impact Exhibits
Page 4 of 4

■■ WithersRavenel
lipOur People. Your Success.
AGENT AUTHORIZATION FORM

DocuSign Envelope ID:54311FC2-A9BC-4012-8C91-CD65BC7F11A1
10- WithersRavenel
—4. Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Anui Mittal (Client) does hereby appoint WithersRavenel, Inc. as
his, her, or it's agent for the purpose of petitioning the appropriate local, state and
federal environmental regulatory agencies (US Army Corps of Engineers, NC Division
of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a)
review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and
submittal of appropriate environmental permit applications/requests for the 0.181 acre
parcel (PIN: 0762939028) located at 104 Green Park Lane in Cary, Wake County, NC.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Agent's Name, Address & Telephone:
WithersRavenel. Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. [phone]
Date: 12/22/2023
Signature of Client:
Anuj Mittal
'nod y: Print)
DocuSig l by:
OMA54629-,C477...
� J161 iaLui c/
Owner
Mailing Address
Manager & Member
(Title)
104 Green Park Lane, Cary, NC, 27518
City State Zip
Phone: [phone]
Email: [e-mail]
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington

::WithersRavenel
Our People. Your Success.
USGS QUADS

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1/ Engineers I Planners I Surveyors
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::WithersRavenel
Our People. Your Success.
AERIAL EXHIBIT

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1/ Engineers I Planners I Surveyors
CARY WAKE COUNTY NORTH CAROLINA

::WithersRavenel
Our People. Your Success.
WAKE COUNTY SOIL SURVEY

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1/ Engineers I Planners I Surveyors
CARY WAKE COUNTY NORTH CAROLINA

■■ WithersRavenel
lipOur People. Your Success.
PROPERTY OWNER EXHIBIT

104 Green Park Lane
REID: 0172395
PIN:0762939028
PIN Extension: 000
Land Value: $551250
Building Value: $750185
Total Value Assessed: $1301435
Deed Acres: 0.81
Total Sale Price: $990000
Sale Date: 10/24/2013
Year Built: 1995
Heated Area: 5396
Type and Use: SINGLFAM
Design Style: Conventional
City: CARY
Planning Jurisdiction: CA
Township: Swift Creek
Owner: MITTAL, ANUJ N MITTAL, VINITA
Mailing Address 1: 104 GREEN PARK LN
Mailing Address 2: CARY NC 27518-9769
Deed Book: 015481
Deed Page: 01899
Deed Date: 10/24/2013
Land Class: Residential Less Than 10 Acres
Map Name: 0762 16
Billing Class: Individual
Property Description: L0509 LOCHMERE PHIIB
BL865 BM1988 -656
Address: 104 GREEN PARK LN
Street Name: GREEN PARK LN
Old Parcel Number: 626-00000-0672
Units: 1
Total Structures: 1
Total Units: 1
ZIP: 27518
M',
50 100 200
1 inch equals 100 feet
Disclaimer
Maps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied,
are provided for the data therein, its use, or its interpretation.

::WithersRavenel
Our People. Your Success.
NCN H P PROJECT REVIEW LETTER

Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
January 10, 2024
Rick Trone
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE: MJM 104 Green Park Lane; 23-1062
Dear Rick Trone:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
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
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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::WithersRavenel
Our People. Your Success.
USFWS IPaC SPECIES LIST

1/10/24, 4:16 PM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Wake County, North Caroli
.p
410 <D
�C
4
y
Local office
Raleigh Ecological Services Field Office
k. [phone]
1@ [phone]
https://ipac.ecosphere.fws.gov/location/QBOWFWIYVBCQHIGKMHYRVLEF7E/resources 1/17

1/10/24, 4:16 PM
MAILING ADDRESS
IPaC: Explore Location resources
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
00000
F01?4*A-
https://ipac.ecosphere.fws.gov/location/QBOWFWIYVBCQHIGKMHYRVLEF7E/resources 2/17

1/10/24, 4:16 PM IPaC: Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at
the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site -specific and project -specific information is often
required. P t--,&
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list from
either the Regulatory Review section in IPaC (see directions below) or from the local field
office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
https://ipac.ecosphere.fws.gov/location/QBOWFWIYVBCQHIGKMHYRVLEF7E/resources 3/17

1/10/24, 4:16 PM
IPaC: Explore Location resources
2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
Birds
IIIII_Wlq
STATUS
Proposed Endangered
STATUS
Red -cockaded Woodpecker Picoides borealis E g
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME �- � STATUS
Neuse River Waterdog Necturus lewisi Threatened
Wherever found A
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/6772
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus Endangered
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/528
Clams
NAME STATUS
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Atlantic Pigtoe Fusconaia masoni Threatened
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolate
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/4511
Insects
,imura
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecptspecies/9743
Flowering Plants
NAME
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecptspecies/5217
Critical habitats
Endangered
Threatened
STATUS
Candidate
STATUS
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
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You are still required to determine if your project(s) may have effects on
all above listed species.
Bald &Golden Eagles
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' 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".�
Additional information can be found using the following links: -0 t
• Eagle Management https://www.fws.gav//program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf --0% k- -
• 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
There are bald and/or golden eagles in your project area.
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
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to jul 31
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
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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 (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week
12 (0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
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To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season survey effort no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle Non-IIII IIII Jill 1111 1111 1111 1111 IIII IIII
BCC
Vulnerable
What does IPaC use to generate the potential presence of bald and golden eagles in my specified
location?
The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN). The
AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project
intersects, and that have been identified as warranting special attention because they are a BCC species in
that area, an eagle (Eagle Act requirements may apply). To see a list of all birds potentially present in your
project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
%-- J
What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey., banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur. Please contact your local Fish and Wildlife Service Field Office if
you have questions.
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Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act' 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.
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 ! V
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• 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
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how
this list is generated, see the FAQ below. This is not a list of every bird you may find in this
location, nor a guarantee that every bird on this list will be found in your project area. To see
exact locations of where birders and the general public have sighted birds in and around
your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date
range and a species on your list). For projects that occur off the Atlantic Coast, additional
maps and models detailing the relative occurrence and abundance of bird species on your
list are available. Links to additional information about Atlantic Coast birds, and other
important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
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
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Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
Black -billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/2974
Breeds May 15 to Oct 10
Breeds Apr 28 to Jul 20 "1
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
0
Eastern - Whi oor-will Antrostomus vociferus Breeds May 1 to Aug0
Whip -poor -will Y g
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
Breeds May 10 to Sep 10
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Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
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 s
"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 (■) do,( vlklllb
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high. <1
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week
12 (0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
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Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
SPECIES
Bald Eagle
Non -
Vulnerable
Black -billed
Cuckoo
BCC Rangewide
(CON)
Cerulean
Warbler
BCC Rangewide
(CON)
Chimney Swift
BCC Rangewide
(CON)
Eastern Whip -
poor -will
BCC Rangewide
(CON)
Kentucky
Warbler
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
probability of presence breeding season survey effort no data
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
I I I I I I 1111 .11141,1111 11 I,# HII I I I I I I
tttHttttt1J Ifti itil III 1 1111 1111 1111 11-44444
III 1111 F41111111 1111 1111 1111 1111 1111 1111 1111 1111 1111
1-tt tH t41111111 I I I I I I -It I I t I I *t+� 00�* tttt 44 44
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Prothonotary
Warbler I
BCC Rangewide
(CON) yyy y y
Red-headed
Woodpecker dpecker
BCC Rangewide
(CON)
Rusty Blackbird
BCC - BCR
Wood Thrush +� + BCC Rangewide I I I I )00 loss sm �Oss 0011 III � t*+
(CON)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds. %. 4
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all
birds at any location year round. Implementation of these measures is particularly important when birds
are most likely to occur in the project area. When birds may be breeding in the area, identifying the
locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.
To see when birds are most likely to occur and be breeding in your project area, view the Probability of
Presence Summary. Additional measures or permits may be advisable depending on the type of activity
you are conducting and the type of infrastructure or bird species present on your project site.
f %%
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey., banding, and
citizen science datasets.
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Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird
on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern: left
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout e
range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin
Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in
the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid and
minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
A
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data
Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to
you in your project review. Alternately, you may download the bird model results files underlying the portal
maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird
Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact
Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur.
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Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of
priority concern. To learn more about how your list is generated, and see options for identifying what other
birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds
potentially occurring in my specified location". Please be aware this report provides the "probability of
presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint.
On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar)
and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key
component. If the survey effort is high, then the probability of presence score can be viewed as more
dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack
of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying
what birds of concern have the potential to be in your project area, when they might be there, and if they
might be breeding (which means nests might be present). The list helps you know what to look for to
confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or
minimize potential impacts from your project activities, should presence be confirmed. To learn more
about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to
avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.
Facilities
National Wildlife Refuge
via
lands
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 at this location.
X414 �
Fish hatcheries
There are no fish hatcheries at this location.
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Wetlands in the National Wetlands Inventory
(NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
This location did not intersect any wetlands mapped by NWI.
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur_ Additional information on the NWI data is provided below.
Data limitations
'Od( I-Ak- \ _�hoo
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems. A llk,.,
Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
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Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
O0"\'00
FOB
https://ipac.ecosphere.fws.gov/location/QBOWFWIYVBCQHIGKMHYRVLEF7E/resources 17/17

■■ WithersRavenel
lipOur People. Your Success.
PHOTO DOCUMENTATION

10 WithersRavenel
110 Our People. Your Success.
MJM 104 Green Park Lane - Cary, Wake County
Photographic Documentation
r.
Photo 1: View of lake and project area facing northwest. The existing dock is visible. Note the
lack of trees.
Photo 2: Additional view facing northwest. The existing swale is in the foreground.
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington

::WithersRavenel
Our People. Your Success.
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Photo 3: View standing east of the home facing northwest.
Photo 4: View of buffer area and lake shore facing Northeast. .
Page 2 of 2

::WithersRavenel
Our People. Your Success.
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