20240383 Ver 1_Townes on Tngen support docs_20240304

USAGE/NCDWR Agent Authorization Form
Property/Site: 'k)
Address of Site: 1010 Tinges Road
A�DEX
Parcel Identification Number (PIN): 0741264605
Owner Information:
Name: 7 iz) a V a -TA of'J<3
Address: W1 fIyf\r)
Telephone Number: 919 ! "
E-mail Address: 0 C- (4 YoN ST 4-)01_1'3 P,) ,% Y``'\
Property Owner Certification:
I, the undersigned, a duty 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.
Property Owner Signature: Date: "9,0 -'1 )
Terrawn Consultants Inc. 2401 Brentwood Road, Suite 107, Rafe€gh, NC 28208 3608
P:919-873-2211 F:919-873-9555 terracontom

Nj
PFE AKvf P -. ilil Q y
PE ._. CASH .S I
't
Piucom
S
CENTER ST I'
l Rarrfes ✓revn
u
1 Apex Apex Mid Sch o7jLf
IS JJ- INVr51M`N1 BLVD
C OKL S7
Apex Elem Sch
ti ;
L f
Project Study Area
0 1,000 2,000
Feet
UHI H JUUKULz6 o
USGS Topo file base map service of The National Map o
(TNM), data refreshed May 2020, Parcels acquired from n
Wake County.
Note: Vegetation removal or alteration of soils or hydrology
after initial site evaluation can affect jurisdictional status o
and may require re-evaluation of wetland boundaries.
PM:
RT
Project No.
70217134
Irerracon
Project Location
EXHIBIT
NO.
Drawn By:
KT
Scale:
1 in = 2,000 ft
Tingen Road Property
Wake County,
North Carolina
Checked By:
RG
Filename:
opo.mxd
Approved By:
JH
Date:
June 20211
2401 Brentwood Road, Suite 107 Raleigh, NC 27604
lPhone: [phone] Fax: [phone]
LIJ

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,ar
pa
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w
a
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y P
r Y
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X41
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r ar
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Oyu a ,a I.,�a, � � �RGurWYJ4.�IWul.
7 �I
n
d
Soil Mapping Units
MfB2 Mayodon sandy loam, 2-6%slopes, eroded
Wy Worsham sandy loam Cape Fear River Basin
x
E
E
DATA SOURCES: ui
NRCS Soil Survey wake County, 1970, Parcels acquired N
Project Study Area 0 150 300 from Wake County.
Feet
Q Soil Boundary Note: Vegetation removal or alteration is soils ahtatusgy0
after initial site evaluation can affectjurisdictional status o
and may require re-evaluation of wetland boundaries.
PM:
RT
Project No.
NRCS SOUS
EXHIBIT
70217134
NO.
Drawn By:
Scale:
KT
1 in = 300 ft
Irerracon
Tingen Road Property
Wake County,
2
Checked By:
Filename:
RG
soils.mxd
North Carolina
Approved By:
Date:
2401 Brentwood Road, Suite 107 Raleigh, NC 27604
JH
June 20211
lPhone: [phone] Fax: [phone]
w

From: "Phillips, George L CIV USARMY CESAW (USA)" <[e-mail]>
Date: July 23, 2021 at 7:53:46 AM EDT
To: "Graham, Rhiannon J" <[e-mail]>
Subject: 1010 Tingen Road / Apex / Wake County / SAW-2021-01253 / Jurisdictional Determination
Rhiannon,
Based on my site visit on 07/15/2021 the Corps concurs with the delineation within the red outlined
"Project Study Area" and the black outlined "AJD Area" on the attached "Wetland and Waters of the
US" exhibit. The delineation may be used for planning and permitting purposes, should a permit be
required the JD may be issued at the time of permit verification. The AID for the project is SAW-2021-
01253. 1 have attached the delineation for reference.
Let me know if you have any questions or concerns.
Lyle Phillips
Regulatory Specialist
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 25.
Fax: [phone]
Email: George. [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer
Service Survey is located at https://regulatorV.ops.usace.army.mil/customer-service-survey/ . Thank
you for taking the time to visit this site and complete the survey.

M
M
�H
AJD area'`'
VV'1 ` 4,
a�
n
r
irk
a
�m
"
rr W
r I
IIIAIL' a
l Cape Fear River Basin ' a
E
DATA SOURCES:
Project Study Area Approximate Intermittent Channel Latest High -Resolution NC Statewide Orthoimagery, NC
0 50 100 OneMap Server, 2017, Parcels acquired from Wake n
Approximate Wetland Approximate Perennial Channel Feet county.
Note: Vegetation removal or alteration of soils or hydrology -a
after initial site evaluation can affect jurisdictional status o
Riparian Buffer -50 ft and may require re-evaluation of wetland boundaries.
PM:
RT
Project No.
Wetlands and Waters of the US
EXHIBIT
70217134
NO.
Drawn By:
Scale:
KT
1 in = 100 ft
Irerracon
Tingen Road Property
Wake County,
3
Checked By:
Filename:
RG
aerial.mxd
North Carolina
Approved By:
Date:
2401 Brentwood Road, Suite 107 Raleigh, NC 27604
JH
June 20211
lPhone: [phone] Fax: [phone]
w

Permit Drawings

ENVIRONMENTAL IMPACT MAPS
-�x
TOWNES ON TINGEN
TOWN OF APEX
APEX, NORTH CAROLINA
E
VICINITY MAP 6NOT TO SCALE
PROPERTY DATA:
JVI Building & Construction, Inc. 0741-26-6614
JVI Building & Construction, Inc. 0741-26-4605
BUILDER
ENGINEER
JVI BUILDING & CONSTRUCTION, INC
PEAK ENGINEERING & DESIGN, PLLC
JOEY IANNONE
JEFF ROACH, P.E.
2609 SOUTHWINDS RUN
1126 APEX PEAKWAY
APEX, NC 27602
APEX, NC 27602
P: [phone]
Phone [phone]
w .PeakEngineenng.com
:::
ENVIRONMENTAL DATA:
Existing Jurisdiction:
Town of Apex
Drainage Basin:
Beaver Creek Basin, Cape Fear River Basin
Secondary Watershed, Protection Overlay District
FEMA Firm panel
370074100J (May 2, 2006)
Historical:
SHPO shows that no historical structures are located within
the project boundary
ENVIRONMENTAL CONSULTANT
TERRACON
JEFF HARBOUR, PWS
2401 BRENTWOOD ROAD, SUITE 107
RALEIGH, NC 27604
P: [phone]
COVER SHEET Proj #
DEVELOPMENT & PUBLIC UTILITIES STREAM / BUFFER IMPACTS 201206
PEAK - TOWNES ON TINGEN Drawn By: J E Dwg No
TOWN OF APEX Checked By: JR 1
Engineering & Design APEX, NORTH CAROLINA Date: FEB 6, 2024 DWR/
WHITE OAK TOWNSHIP Scale: as noted USACE

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SALRTARY
SE 20 LOA
NBL
EAWSEEINT RA`l`NAl'3CE
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3
1/1 1 O'TYPE'A' BU FFER
PERMANENT CHANNEL IMPACT I
200 sf (0.005 Ac) 83 LF
PROPOSED
MANHOLE
O
ZONE I BUFF ER IMPACT I
7 537 sf (0 173 Ac)
opo
All \NHOLE TPROPOSED 71.................
PERMANENT STREAM IMPACT
249 0 (0.006 Ac) 83 LF 4 0
17
20 LOA %
PUBUC
III
SAN
ITARY SEWE
EASEMENRel
xG
PERMANENT NO PERMANENT LOSS STREAM IMPACT 1 0
52 sf (0.001 Ac) 22 LF 16
TEMPORARY STREAM IMPACT I
38 sf (0.001 Ac) 12 LF r.
ZONE 2 BUFFER IMPACT I
10' TYPE 'A' BUFFER 7 20 5,678 sf (0.130 Ac) 14
-TO
r�FF V BUF,,r
AtAt 2DO7, Ps 2zsa R ER
PARALLEL AND PERPENDICULAR
UTILITY IMPACT
SEE SHEET 6 O'i
BUFF
(44
WETLAND Wl AD
IMPACT 3 SEE SHEET 7
EX
PERMANENT-PEZONE V ROAD CROSSING R
STREAM BUFFER IMPACTS LOSS STREAM IMPACTS ZOSTREAM BUFFENE 1 UNDISTURBED/WOODED
ZONE 2VEGETATED
PERMANENT ZONE ''2'' ROAD CROSSING
STREAM IMPACTS STREAM BUFFER IMPACTS
NC GRID
(NAD 83) TEMPORARY PERMANENT CHANNEL
15 30 60 STREAM IMPACTS IMPACTS
....... I ...... I ............. SCALE V = 60
ROADWAY STREAM CROSSING IMPACT 1 Proj #
201206
PEAK TO WNES ON TINGEN Drawn By: JE Dwg No
Engineering & Design TOWN OF APEX Checked By: J R 4
APEX, NORTH CAROLINA Date: FEB 6, 2024 DWR/
WHITE OAK TOWNSHIP Scale: I" = 40' USACE

450
440
O
ro
06
B #6
V IN=448.22 (CB #7)
PROPOSED GRADE
O V OUT=448.02
�
co C> > S FA 11 +59.92
U ? T C=451.37
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EXISTING
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C 691�o 8" DIP WL
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43
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8" SDR 35 PVC S/S
24" CLASS '
1"
@ 0.92%
RIP RAP,20%
BURY FOR
PIPE
INSTALLATI
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0 10 20 40 10+00
SCALE: 1- 1'-40'H / 1'=4'V
PEAK
Engineering & Design
460
450
440
430
10+50 11+00 11+50 12+00
ROADWAY STREAM CROSSING PROFILE - IMPACT 1 Proj #
201206
TOWNES ON TINGEN Drawn By: J E Dwg No
TOWN OF APEX Checked By: JR 5
APEX, NORTH CAROLINA Date: FEB 6, 2024 DWR/
WHITE OAK TOWNSHIP Scale: 1" = 40' USACE

0 LOA
— I — I
PUBLIC
SEWERRY
20 LOA
l
`EASEMENT
N AGEGQ�
VASE_ ENTAD
/
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(452)
S
10'TYPE'A'BUFFER
\ \
PROPOSED
I ca 4S0 MANHOLE
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PROPosED CB
- -- ANHOLE i 9
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wEASEMENT € bbTJ
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h
ZONE2 PARALLEL BUFFER IMPACT 2A PURL C I / O
238 SF, 0.005 Ac O DRAINAGE 16 ' J EASEMENT I
15
O'iYPE'A' zoyE I 2p 14
BUFFER �` ` ppn,E
rJFF $' BUT£ kAR/AN U
Jai 2401, PG 2-u3 eIx R ER
TEMPORARY STREAM IMPACT
ZONE 2 PERPENDICULAR UTILITY ✓ 6 SF, D.000 Ac
STREAM BUFFER
SF OPDDB Ac e., JO,
w4) eUFp
f
I ZONE 1 PERPENDICULAR UTILITY �
1 - I STREAM BUFFER IMPACT2B
I STREAM
A BUFF Ac
ZONE''I PERPENDICULAR UTILITY TEMPORARY
STREAM BUFFER IMPACTS STREAM IMPACTS
N STREAM"PERERIMPULARunuTY ZONE '2UFFERI P O� z.EX STREAMBUFFER
/I/C �/p STREAM BUFFER IMPACTS UTILITY BUFFER IMPACTS net ZONE I: UNDISTURBED/WOODED
(NAD 83) ZONE2: VEGETATED
0 15 M 60
SCALE: 1- 60'
UTILITY STREAM BUFFER - IMPACT 2A & 2B Proj #
P AK 201206
- TOWNES ON TINGEN Drawn By: J E Dwg No
Engineering & Design TOWN OF APEX Checked By: JR 6
APEX, NORTH CAROLINA Date: FEB 6, 2024 DWR/
WHITE OAK TOWNSHIP Scale: 1" = 40' USACE

RCP
ql
NC GRID
(NAD 83)
0 15 30 60
SCALE: I"= 60'
,& PEAK
Engineering & Design
13
PROPOSED
MANHOLE
1 �
PERMANENT WETLAND PERMANENT WETLAND
SCM IMPACT AREA ROADWAY GRADING
IMPACT AREA
PERMANENT ARE IO AND O� STREAM BUFFER
ARE LOT IMPACT A net ZONEI: UNDISTURBED/WOODED
ZONE 2: VEGETATED
WETLAND Wl -IMPACT 3
TOWNES ON TINGEN Drawn By: J E
TOWN OF APEX Checked By: JR
APEX, NORTH CAROLINA Date: FEB 6, 2024
WHITE OAK TOWNSHIP Scale: 1" = 40'
Proj #
201206
Dwg No
7
DWR/
USACE

Apex Buffer Determination

P,PE,Y
1073 WATER RESOURCES DEPARTMENT
H C ADO
March 24, 2021
Jeff Harbour, PWS
Senior Scientist —Natural Resources
Terracon Consultants, Inc.
2401 Brentwood Rd., Suite 107 i Raleigh, North Carolina 27604
D [phone] 1 M [phone]
Subject: Stream Buffer Determination Apex 20-008
1010 Tingen Rd
Cape Fear River Basin
Dear Mr. Harbour,
On March 23th, 2021, Mr. James Misciagno met with you at the subject site to evaluate Two (2) drainage
features and determine if they are subject to the Town of Apex (Town) riparian buffer rules. Based on the
information obtained during the site visit and perthe requirements set forth in Section 6.1.11 of the Town
Unified Development Ordinance (UDO), I concur with the stream classifications as shown on the attached
sketch dated March 23rd, 2021 and initialed by James Misciagno on March 241", 2021
Drainage
Feature
Shown as
on USGS
Shown as on
Soil Survey
Determination made
in the field
Determined Buffer
Width
Feature A
Not Present
Perennial
Intermittent
50 feet
Feature B
Not Present
Perennial
Ephemeral
0 feet
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the Division of Water Resources (DWR) or Delegated Local
Authority in the Jordan Lake watershed may request a determination by the DWR Director.
An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a
determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR —401 &
Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, INC 27699-1617. Otherwise the appeal
procedure will be in accordance with UDO Section 6.1.11.
If you dispute the Director's determination, you may file a petition for an administrative hearing. You
must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this
notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00am and 5:00pm, except for official State holidays.

To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. A copy of the petition must also be served
to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service
Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within
sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the US Army Corp of Engineers (Raleigh Regulator Field Office) at [phone].
If you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
/z� r
Jessica Bolin, PE
Environmental Engineering Manager
TOWN OF Apt,
The Peak of Good Living
PO Box 25o Apex, NC 27502. 1 [phone] 1 www.apexnc.org

PpEk Riparian Buffer Call
m
s-` a Application
This application is required to be fully completed and submitted to Town staff prior to conducting a buffer call. please submit the application
package electronically to [e-mail].
PROPERTY INFORMATION
dwner(s): Joey lannone is the Buyer under contract to conduct due diligence
Site Address: icno Tingen Road, Apex, NC
CONSULTANT INFORMATION (If applicable)
Name: ] ef`Harbour - Terracon. Consultants, In.
Address: 24ot Brentwood Road, Suite 107, Raleigh, NC 27604
j e�. harbourQ terracon, com
Email:
919-805-4208
Phone:
CHECKLIST
Please place a checkmark in the spaces provided below to indicate that the required information has been provided with this submittal.
Right of Entry Form
x
NCDEQStream Identification Forms
x
(v. 4.11)
Sketch Map*
x
Topo Map (most recent version) x
x
1970 Wake County Soil Survey Map
*Sketch map should show all drainage features on the property with all applicable riparian buffers shown. Please clearly indicate or list which
features are being called with this application.
NOTES
The main feature in question has been altered upstream by the school property and downstream by the existing apartment complex
The second feature (closest to Tingen Road) ivas observed to be a wetland swale; no defined channel to obtain a score
SIGNATURE (Consultant or Responsible Party)
By mysignature below, t certify that the informotion provided with this opplicotion is accurate and truthful.
Digitally signed by Harbour, Jeff W
DN: cn=Harbour, Jeff W, ou=General Users,
email=[e-mail] March 9, 2027
Date:
Town of Apex Water Resources Department fL,-\- �/023 2 !fir Revised 10/21/2020

NORTH CAROLINA RIGHT OF ENTRY
WAKE COUNTY
This Right of Entry is executed this 1 day of •finA,?_ o ?o2,�_ by
and (the
. ............. _.....-... ... ..... _
WHEREAS; •the Town of Apex ("Town") is seeking to make a stream buffer
determination across the property known as I C)10{ INV30 in the Town of
North Carolina and designated as PIN # 01 It i�%��� , by the
Wake County Revenue Department (the "Subject Property');
WHEREAS, the t_%40CP0v K,, are agreeable to provide the Town with this
Right of Entry under the terms and conditions stated herein so that the above referenced
determination may proceed.
NOW THEREFORE in light of the above premises, the r (47(,eK do
hereby grant and give freely and without coercion, the right of accesssTand entry to the
Subject Property on the terms and conditions as stated below;
r. The Town of Apex and its contractors may enter the Subject Property for the
purpose of conducting on -site environmental investigations and issuing a
determination based on those investigations as it relates to stream buffer
determination.
2. This Right of Entry does not convey to the Town any title or ownership
interest in the Subject Property.
3, The Town and its employees, contractors, agents and representatives enter
upon the Subject Property at their own risk and assume all risks related to
the property,
4, The undersigned agrees and warrants to hold harmless the Town of Apex, its
agencies, departments, contractors, and subcontractors, and discharges and
waives any action, either equitable or legal that arise from the activities
described above on the property except in the case of negligence by the
Digitally seg�ne'dby Harbour, Jeff W
DN: cn=Harbour, Jeff W, ou=General Users,
[e-mail]
Witness: Date: 2021.03.09 13:54:29-05'00' By:
I:
79K

iFeature S.
Drainage Feature above Headcut
NC', DWO Stream identification Form Version 4.11
Date: 3f8/2021
Project/Site: 1oio Tingen Road
Latitude: 35.7191
Evaluator: Jeff Harbour-Terracon
County: WAe
Longitude:-78•8573
Total Points: i8
Stream Determination (circle one)
Other
Stream is t intermittent
hemera Intermittent Perennial
e.g. Quad Name:
if z 99 orerennia! if � 30*
renn
A. Geomorphology (Subtotal = )
Absent
Weak
Moderate
Strong
1"-Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
Q2
3
3. In -channel structure: ex. riffle -pool, step -pool,
sequence
0
1
2
3
-ripple-pool
4. Particle size of stream substrate
0
1Q
2
3
5. Active/relict floodplain
0
Q
2
3
6. Depositional bars or benches
Q
1
2
3
7. Recent alluvial deposits
(D
1
2
3
8. Headcuts
©
1
2
3
9. Grade control
CID
0.5
1
1.5
10. Natural valley
0.5
1
1.5
11. Second or greater order channel
No =0
Yes = 3
R. Hvr1roloov 1Sijhtntal=VV8'5VNVV
12. Presence of Baseflow
0
1
(D
3
13. Iron oxidizing bacteria
0
1
©
3
14. Leaf litter
1.5
1
0.5)
0
15. Sediment on plants or debris
Q
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
©
1.5
17. Soil -based evidence of high water table?
No = 0
Yeses
C_ Rioloav lSuhfotai =
18. Fibrous roots in streambed
3
2
1Q
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
®
1
2
3
21. Aquatic Mollusks
Q
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
Q
0.5
1
1.5
24. Amphibians
®
0.5
1
1.5
25. Algae
0
(:a)
1
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other6
`perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Stagnant segment of drainagefeature [Nat on inates
om upstope detention basin at sckoot site.
detention basin
Sketch: 0
segment of drainage feature above headmt
0 headcut
ekannet below headcut
PrIp
vS%_Aw P

Feature A
Drainage Feature Below Headcut
NC DWO Stream Identification Form Version 4.11
Date: 3/8/2021
ProjectlSite:7oioTingenRoad
Latitude:35.7i88
Evaluator: )ef'1_tarbour-Terracon
County: Waive
Longitude:-78.8572
Total Points:
22
Stream Determination (circle one)
Other
Stream is at least intermittent
Eplhemerai<j@termitten Perennial
e.g. Quad Name:
if? 19 orperennial ifs 30"
I
A. Geomorphology (Subtotal = "' )
Absent
Weak
Moderate
Strong
1a Continuity of channel bed and bank
0
1
2
Q
2. Sinuosity of channel along thalweg
0
1
Q
3
3. In -channel structure: ex. riffle -pool, step -pool,
se uence
0
Q
2
3
-ripple-pool
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1Q
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
Q
2
3
9. Grade control
CID
0.5
1
1.5
10. Natural valley
0.5
1
1.5
11. Second or greater order channel
No <0
Yes = 3
artificial ditches are not rated; see discussions in manual
R. Hvdrnlnav 1Suhtntal = 8 1
12. Presence of Baseflow
0
1
Q?
3
13. Iron oxidizing bacteria
0
©
2
3
14. Leaf litter
Q
1
0.5
0
15. Sediment on plants or debris
G'
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
YesQ
!-. RinlnnNi iCi ihtntnl = ZL
18. Fibrous roots in streambed
3
2
Q
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
2
3
21. Aquatic Mollusks
Q
1
2
3
22. Fish
[0)
0.5
1
1.5
23. Crayfish
Q
0.5
1
1.5
24. Amphibians
Q
0.5
1
1.5
25. Algae
0
0.5
1
1.5
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USFWS IPaC List

4.: United States Department of the Interior
p
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0057280
Project Name: Townes on Tingen
ear' ln AMMU
WX
o-<
March 04, 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.).
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 IPaC 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
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

Project code: 2024-0057280
03/04/2024
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/default/files/documents/
endan ered-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 Migratory Bird Permit I What We Do I U.S. Fish & Wildlife
Service (fws.gov).
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. ov/partner/council-conservation-
mi ratory-birds.
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
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Project code: 2024-0057280
03/04/2024
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
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
[phone]
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Project code: 2024-0057280
03/04/2024
PROJECT SUMMARY
Project Code: 2024-0057280
Project Name: Townes on Tingen
Project Type: Residential Construction
Project Description: Proposed residential townhome community in Apex, NC
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.7191221,-78.85719840214409,14z
4
Counties: Wake County, North Carolina
Oro
r
r
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Project code: 2024-0057280 03/04/2024
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 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
Fisheriesl, 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 sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.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://ecos.fws.gov/ecp/species/7614
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://ecos.fws.gov/ecp/species/6063
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
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Project code: 2024-0057280 03/04/2024
FLOWERING PLANTS
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
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.
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Project code: 2024-0057280
03/04/2024
IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Jeff Harbour
Address: 2401 Brentwood Road
Address Line 2: Suite 107
City:
Raleigh
State:
NC
Zip:
27604
Email
[e-mail]
Phone:
9198054208
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