20240400 Ver 1_PCN Attachments_Brio_20240307

PCN Attachments
1. AGENT AUTHORIZATION
2. USGS TOPO VICINITY MAP
3. NRCS COUNTY SOIL SURVEY VICINITY MAP
4. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE
EMAIL) -AJD FOR 1620 OLD CREWS ROAD
5. NCDWR BUFFER DETERMINATION LETTER- 1620 OLD CREWS ROAD
6. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE
EMAIL) - EMAIL CONCURRENCE FOR 1700 OLD CREWS ROAD
7. S&EC SKETCH MAP- 1700 OLD CREWS ROAD
8. NCDWR BUFFER DETERMINATION LETTER-1700 OLD CREWS ROAD
9. MITIGATION ACCEPTANCE LETTER -WETLANDS
10. S&EC THREATENED & ENDANGERD SPECIES REPORT
11. PROPOSED CONDITIONS MAP
12. IMPACT EXHIBITS & CROSSING PROFILES
13. EXISTING CONDITIONS AND PROPOSED CONDITIONS -FULL SIZE

DocuSign Envelope ID: 37B37E03-C903-43F9-A995-B70DC3562E49
Project Name/Description
Date: 08/28/2023
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone, [phone]
s andec.com
I.M.
The Department of the Army
U.S. Army Corps of Engineers,
69 Darlington Avenue
Wilmington, NC 28403
Attn: Matt Martin
AGENT AUTHORIZATION
S&EC Project # 14372
Wilmington District
Field Office: Raleigh Regulatory Field Office
I, the undersigned, authorize S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 1755-15-5783 & 1755-25-4643
Site Address: 1620 & 1700 Old Crews Road
City, County, State: Knightdale, Wake County, NC
APPLICANT INFORMATION:
Name: Trigate-Suncrest Brio West, LLC
Mailing Address: 2701 East Camelback Road, Suite 180
Telephone Number: 702-481-4301
Email: [e-mail]
Sean Cooney
Applicant (n1PaeP nrint)
DocuSigned by:
Cst"""Y
AC28BE3CB7F8416...—
Applicant Nignature
Date
8/31/2023
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,

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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. Census
Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.
Department of State Humanitarian Information Unit; and NOAA National
rF Centers for Environmental Information, U.S. Coastal Relief Model. Data
refreshed June, 2022.
Project Number: Map Title: N
14372.W14 0 1,000 2,000
Project Manager: USGS National Map I I I I I I I I I
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Scale: 1 if = 1000' Wake County, NC
Source: Soil & Environmental Consultants, PA
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Project Number: Map Title: N
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Project Manager: Soil Survey Map I i i i I
MM BRIO Phase 1 Feet
Scale: 1" = 500' Wake County, NC
Source: Wake County Soil Soil & Environmental Consultants, PA
Date:
08/28/2023 Survey Sheets 41 & 51 ,. ...... ,

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00962 County: Wake U.S.G.S. Quad: NC-Knightdale
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Soil & Environmental Consultants, PA
Steven Ball
Address: 8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Telephone Number: [phone]
E-mail: sball(&sandec.com
Size (acres) 0.79 Nearest Town Knightdale
Nearest Waterway Beaverdam Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.82542,-78.48923
Location description: The project is located at the Wake County Parcel PIN: 1755155783. This AJD relates to orange outlined
area on the attached map.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have
Page 1 of 2 Form Version 10 June 2020 updated

SAW-2022-00962
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
© There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Matthew K Martin at [phone] or
matthew.k.martin(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
MFR.
D. Remarks: N/A
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination 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 request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
Phone: [phone]
AND
PHILIP.A. SHANNINkUSACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by O1/05/2024.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 11/062023 Expiration Date of JD: 11/04/2028

SAW-2022-00962
Date of JD: 11/062023 Expiration Date of JD: 11/04/2028
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://re u. l�ator,�.ops.usace.artny.mil/customer-service-survev/.
Copy Furnished:

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Soil & Environmental Consultants,
File Number: SAW-2022-00962
Date: 11/062023
PA, Steven Ball
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑x
APPROVED JURISDICTIONAL DETERMINATION
E
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept
the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the
LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of this
form and return the form to the district engineer. Upon receipt of your letter, the district engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the
permit to address some of your objections, or (c) not modify the permit having determined that the
permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept
the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the
LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms
and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of the
Army permit before final action has been taken on the Army permit application. The permit denial without
prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of
the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or
local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be
received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and
waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section II of this form and sending the form to
the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that
justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal
process. You may submit a request for appeal to the division engineer to preserve your appeal rights
while the district is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the
Corps district for further instruction. Also, you may provide new information for further consideration by the
Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process,
may contact:
or to submit your request for appeal, you may
District Engineer, Wilmington Regulatory Division
contact:
Attn: Matthew K. Martin
Philip Shannin
Raleigh Regulatory Office
Regulatory Appeals Review Officer
U.S Army Corps of Engineers
South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth St SW, Floor M9
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8803
Phil ip.A.Shannin2(a-usace.army. mil
404-562-5136
SECTION 11 — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary.
You may attach additional information to this form to clarify where your reasons or objections are
addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that
the review officer has determined is needed to clarify the administrative record. Neither the appellant nor
the Corps may add new information or analyses to the record. However, you may provide additional
information to clarify the location of information that is already in the administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and
any government consultants, to conduct investigations of the project site during the course of the appeal
process. You will be provided a 15-day notice of any site investigation and will have the opportunity to
participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
69 DARLING AVENUE
WILMINGTON, NORTH CAROLINA 28403
CE-SAW-RG-R
MEMORANDUM FOR RECORD
2 NOVEMBER 2023
SUBJECT: US Army Corps of Engineers (Corps) Approved Jurisdictional Determination
in accordance with the "Revised Definition of `Waters of the United States"'; (88 FR
3004 (January 18, 2023) as amended by the "Revised Definition of `Waters of the
United States', Conforming" (8 September 2023) ,' [SAW-2022-00962]2
BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document
stating the presence or absence of waters of the United States on a parcel or a written
statement and map identifying the limits of waters of the United States on a parcel.
AJDs are clearly designated appealable actions and will include a basis of JD with the
document.3 AJDs are case -specific and are typically made in response to a request.
AJDs are valid for a period of five years unless new information warrants revision of the
determination before the expiration date or a District Engineer has identified, after public
notice and comment, that specific geographic areas with rapidly changing
environmental conditions merit re -verification on a more frequent basis.4
On January 18, 2023, the Environmental Protection Agency (EPA) and the Department
of the Army ("the agencies") published the "Revised Definition of `Waters of the United
States,"' 88 FR 3004 (January 18, 2023) ("2023 Rule"). On September 8, 2023, the
agencies published the "Revised Definition of `Waters of the United States';
Conforming", which amended the 2023 Rule to conform to the 2023 Supreme Court
decision in Sackett v. EPA, 598 U.S., 143 S. Ct. 1322 (2023) ("Sackett").
This Memorandum for Record (MFR) constitutes the basis of jurisdiction for a Corps
AJD as defined in 33 CFR §331.2. For the purposes of this AJD, we have relied on
Section 10 of the Rivers and Harbors Act of 1899 (RHA),5 the 2023 Rule as amended,
While the Revised Definition of "Waters of the United States"; Conforming had no effect on some
categories of waters covered under the CWA, and no effect on any waters covered under RHA, all
categories are included in this Memorandum for Record for efficiency.
2 When documenting aquatic resources within the review area that are jurisdictional under the Clean
Water Act (CWA), use an additional MFR and group the aquatic resources on each MFR based on the
TNW, the territorial seas, or interstate water that they are connected to. Be sure to provide an identifier to
indicate when there are multiple MFRs associated with a single AJD request (i.e., number them 1, 2, 3,
etc.).
333CFR331.2.
4 Regulatory Guidance Letter 05-02.
5 USACE has authority under both Section 9 and Section 10 of the Rivers and Harbors Act of 1899 but for
convenience, in this MFR, jurisdiction under RHA will be referred to as Section 10.

CE-SAW-RG-R
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2022-00962]
as well as other applicable guidance, relevant case law, and longstanding practice in
evaluating jurisdiction.
1. SUMMARY OF CONCLUSIONS.
a. The review area is comprised entirely of dry land (i.e., there are no waters such
as streams, rivers, wetlands, lakes, ponds, tidal waters, ditches, and the like in
the entire review area and there are no areas that have previously been
determined to be jurisdictional under the Rivers and Harbors Act of 1899 in the
review area).
a. Provide a list of each individual feature within the review area and the
jurisdictional status of each one (i.e., identify whether each feature is/is not a
water of the United States and/or a navigable water of the United States).
Name of Aquatic Resource
JD or Non -JD
Section 404/Section 10
Pond 1
Non -JD
N/A
Wetland 4
Non -JD
N/A
2. REFERENCES.
a. "Revised Definition of `Waters of the United States,"' 88 FR 3004 (January 18,
2023) ("2023 Rule")
b. "Revised Definition of `Waters of the United States'; Conforming" 88 FR 61964
(September 8, 2023))
c. Sackett v. EPA, 598 U.S. —, 143 S. Ct. 1322 (2023)
3. REVIEW AREA.
A. Review Are Size (in acres): 0.79
B. Center Coordinates of the Project Site (in decimal degrees)
Latitude: 35.824976 Longitude:-78.489103
C. Nearest City or Town: Knightdale
D. County: Wake
E. State: North Carolina
F. Other associated Jurisdictional Determinations (including outcomes) — include
discussion about PJD on remaining part of site.: No Previous Jurisdictional
Determination has occurred on this site.
K

CE-SAW-RG-R
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2022-00962]
4. NEAREST TRADITIONAL NAVIGABLE WATER (TNW), THE TERRITORIAL SEAS,
OR INTERSTATE WATER TO WHICH THE AQUATIC RESOURCE IS
CONNECTED.
A. Name of nearest downstream TNW: Neuse River
5. FLOWPATH FROM THE SUBJECT AQUATIC RESOURCES TO A TNW, THE
TERRITORIAL SEAS, OR INTERSTATE WATER.
Pond 1 appears to be an exempt ornamental pond that is only impounding high ground
and was likely excavated in uplands. W4 appears to be present as a pond fridge due to
fluctuating water tables on the edges of the pond and the normal presence of surface
water. Pond 1 outlets through a stand pipe within a topographic crenulation that does
not show evidence of a surface connection to an RPW or TNW. The nearest A(3) water
is -150-linear feet downslope from the base of the dam to Intermittent Stream A.
Intermittent Stream A flows -600 linear feet to Beaverdam Creek. Beaverdam Creek
flows -3.2 miles to the Neuse River a TNW.
6. SECTION 10 JURISDICTIONAL WATERS6: Describe aquatic resources or other
features within the review area determined to be jurisdictional in accordance with
Section 10 of the Rivers and Harbors Act of 1899. Include the size of each aquatic
resource or other feature within the review area and how it was determined to be
jurisdictional in accordance with Section 10.7 [N/A]
7. SECTION 404 JURISDICTIONAL WATERS: Describe the aquatic resources within
the review area that were found to meet the definition of waters of the United States
in accordance with the 2023 Rule as amended, consistent with the Supreme Court's
decision in Sackett. List each aquatic resource separately, by name, consistent with
the naming convention used in section 1, above. Include a rationale for each aquatic
resource, supporting that the aquatic resource meets the relevant category of
"waters of the United States" in the 2023 Rule as amended. The rationale should
also include a written description of, or reference to a map in the administrative
record that shows, the lateral limits of jurisdiction for each aquatic resource,
including how that limit was determined, and incorporate relevant references used.
Include the size of each aquatic resource in acres or linear feet and attach and
reference related figures as needed.
6 33 CFR 329.9(a) A waterbody which was navigable in its natural or improved state, or which was
susceptible of reasonable improvement (as discussed in § 329.8(b) of this part) retains its character as
"navigable in law" even though it is not presently used for commerce, or is presently incapable of such
use because of changed conditions or the presence of obstructions.
This MFR is not to be used to make a report of findings to support a determination that the water is a
navigable water of the United States. The district must follow the procedures outlined in 33 CFR part
329.14 to make a determination that water is a navigable water of the United States subject to Section 10
of the RHA.
0

CE-SAW-RG-R
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2022-00962]
a. Traditional Navigable Waters (TNWs) (a)(1)(i): N/A
b. The Territorial Seas (a)(1)(ii): [N/A]
c. Interstate Waters (a)(1)(iii): N/A
d. Impoundments (a)(2): N/A
e. Tributaries (a)(3): N/A
f. Adjacent Wetlands (a)(4): N/A
g. Additional Waters (a)(5): N/A
8. NON -JURISDICTIONAL AQUATIC RESOURCES AND FEATURES
a. Describe aquatic resources and other features within the review area identified in
the 2023 Rule as amended as not "waters of the United States" even where they
otherwise meet the terms of paragraphs (a)(2) through (5). Include the type of
excluded aquatic resource or feature, the size of the aquatic resource or feature
within the review area and describe how it was determined to meet one of the
exclusions listed in 33 CFR 328.3 b .8
Name of
excluded
feature
Size (in
acres)
Resource Type
Coordinates
Specific exclusion (b)(1) -
(b)(8)
Pond 1
0.35
Open Water
35.824940,-78.489027
(b)(6) Artificial reflecting or
swimming pools or other
small ornamental bodies of
water created by excavating
or diking dry land to retain
water primarily for aesthetic
reasons
b. Describe aquatic resources and features within the review area that were
determined to be non -jurisdictional because they do not meet one or more
categories of waters of the United States under the 2023 Rule as amended (e.g.,
tributaries that are non -relatively permanent waters; non -tidal wetlands that do
not have a continuous surface connection to a jurisdictional water).
Aquatic
Resource
Name
Size (in
acres)
Resource
Type
Coordinates
Reason the AR is not jurisdictional
W4
0.053
Wetland
35.824915,-78.4888343
W4 is a fringe wetland along Pond
1, believed to only be present
because of the long periods of
standing water in excluded Pond 1
outlets through a standpipe within a
topographic crenulation that does
not show evidence of a surface
connection to an RPW or TNW.
The nearest a 3 water is —150-
8 88 FIR 3004 (January 18, 2023)
C!

CE-SAW-RG-R
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2022-00962]
linear feet downslope from the
base of the dam to Stream A.
Therefore, there is no continuous
surface connection from W4 to a
TNW/RPW.
9. DATA SOURCES. List sources of data/information used in making determination.
Include titles and dates of sources used and ensure that information referenced is
available in the administrative record.
a. 1. Date of Office (desktop review):
2. Date(s) of Field Review (if applicable): May 19, 2022 (Sam Dailey); October
19, 2023 (Matt Martin
b. Data sources used to support this determination (included in the administrative
record).
❑x Aquatic Resources delineation submitted by, or on behalf of, the requestor:
Title and Date: Appendix 1 B: "Wetland Sketch Map (Post DWR & USACE)"
❑ Aquatic Resources delineation prepared by the USACE: Title and Date
❑ Wetland field data sheets prepared by the Corps: Title and Date
❑ OHWM data sheets prepared by the USACE: Title and Date
❑ Previous JDs (AJD or PJD) addressing the same (or portions of the same)
review area: ORM Numbers and Dates
❑x Photographs: Appendix 1 E, Corps Photo Log, 10/19/2023
❑x Aerial Imagery: Appendix 1 B: "Wetland Sketch Map (Post DWR & USACE)"
❑x LIDAR: Appendix 1 D: "Digital Terrain Model"
❑x USDA NRCS Soil Survey: Appendix 1 B: Figure 2
❑ USFWS NWI maps: Title and Dates
❑x USGS topographic maps: Appendix 1 B: Figure 1
❑ USGS NHD data/maps: Title and Dates
❑ Section 10 resources used: Title and Dates
❑ NCDWR stream identification forms
❑ North Carolina Stream Assessment Method (NCSAM) forms
❑ North Carolina Wetland Assessment Method (NCWAM) forms
❑x Antecedent Precipitation Tool Analysis: Appendix 1 F: 04/05/2022
❑ Other sources of Information:
10.OTHER SUPPORTING INFORMATION. N/A
11. NOTE: The structure and format of this MFR were developed in coordination with
the EPA and Department of the Army. The MFR's structure and format may be
subject to future modification or may be rescinded as needed to implement

CE-SAW-RG-R
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2022-00962]
additional guidance from the agencies; however, the approved jurisdictional
determination described herein is a final agency action.
C.1

DocuSign Envelope ID: OD7335AB-9F2B-43A4-8D00-BO9D9AD7368E
ROY COOPER
Governor
ELIZABETH S. BESER
Secretary
RICHARD E. ROGERS, JR.
Director
Jim Anthony
Sean Cooney
1201 Edwards Mill Road
Suite 300
Raleigh, NC 27607-3625
NORTH CAROLINA
Environmental Quality
May 10, 2022
Subject: Buffer Determination Letter
NBRRO # 22-160
Wake
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name: 1620 Old Crews Rd
Address/Location:
Stream(s):
1620 Old Crews Rd, Knightdale, NC 27545
Beaverdam Creek and UTs to Beaverdam Creek
Determination Date: May 10, 2022
Staff: J. Chris Smith
Feature
E/I/P(')
Not tz�
Subject
Start @
Stop @
Soil
USGS
Subject
Survey
To o
A
I
X
Start: DWR Flag (35.824886,-78.490289)
X
X
Stop: Off Site
B
P
X
Present Throughout
X
X
Pondl
N/A
X
N/A
X
X
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water
quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject

DocuSign Envelope ID: OD7335AB-9F2B-43A4-8D00-BO9D9AD7368E
1620 Old Crews Rd
Wake
May 10, 2022
Page 2 of 2
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 0213,
and may be considered jurisdictional according to the US Army Corps of Engineers.
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 DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery
service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street;
Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested 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 Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact J. Chris Smith at [phone].
Sincerely,
DOCUSignned,by:
Scs�t
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Laserfiche
Contact via e-mail at mmontgomery(-a)sandec.com
o�.,ry
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

DocuSign Envelope ID: OD7335AB-9F2B-43A4-8D00-B09D9AD7368E
J
Feature A
If,
Legend:
-Approximate Site Boundary:
-Approximate Start/Stop Point
22-160
1620 Old Crews Rd
Wake
Lie,
I I L
-Z _1
OOW
Feature B
Pond 1
Map provided by NCDEQ
Division of Water Resources
Locations are approximate
and are provided for refer-
ence only

DocuSign Envelope ID: OD7335AB-9F2B-43A4-8D00-B09D9AD7368E
22-160
1620 Old Crews Rd
Wake
Co
ti
4 Feature B
mp
JRL
.. ••,•p p
e
i e
i
w
Wm E31m
Lod
A
Pond 1
STAtt
Legend:
-Approximate Site Boundary:
-Approximate Start/Stop Point ,tE�
Map provided by NCDEQ
Division of Water Resources
:: Locations are approximate
and are provided for refer-
ence only ::
dEmwJ

Deborah Shirley
From: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, August 25, 2022 9:52 AM
To: Josh Harvey
Subject: JD CONCURRENCE: SAW-2022-01993 / 1700 Old Crews Road / Knightdale, Wake County
Follow Up Flag: Follow up
Flag Status: Flagged
Good morning Josh,
"When you get a chance, please send along the excel ORM upload sheet for this one.
Reference is made to Corps Action ID: SAW-2022-01993 for the above referenced project. Please reference this number
on any correspondence regarding this action.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown on the delineation map entitled, "Wetland Sketch Map" and dated
7/20/2022.
Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256
provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type
where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon
for use in the permit evaluation process, including determining compensatory mitigation. This verification does not
address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as
such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action
under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD,
which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional
documentation.
Best Regards,
Sam Dailey
U.S. Army Corps of Engineers
Wilmington District, Regulatory Division, Washington Field Office
Email: [e-mail]
Phone: [phone]

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Saluda Properties, LLC
6732 Millory Streams Ln.
Cary, NC 27519
NORTH CAROLINA
Environmental Quality
July 21 St, 2022
Subject: Buffer Determination Letter
NBRRO #22-246
Wake Coun
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 213 .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name:
Address/Location
Stream(s):
1700 Old Crews Road Property
1700 Old Crews Road, Knightdale, NC 27545
Beaverdam Creek
� Q­"
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
l�C7RTH �ARO:INA _
aW- �/ 919.791.4200

1700 Old Crews Road Property
Wake County
7/21/2022
Page 2 of 3
Determination Date: 7/20/2022
Staff: Josh BriLyham
Stream
Feature
E/I/P(1)
Not
Sub'ect(2>
Subject
Start@
Stop@
Soil
USGS
Survey
To o
X
NP
X
X
Flag "S08 start"
Flag "S07 stop"
at approximately
at approximately
35.8223996,
35.834115, -
-78.483346
78.483963
M
X
X
Flag "S06 start"
at approximately
Feature J
35.824890,
-78.484796
Y
NP
X
X
Z
NP
X
X
i
Beaverdam
X
Throughout project boundary
X
X
Creek)
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP — Not Present, NE = Not Evaluated
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject' has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer
rules. There may be other streams located on the property that do not show up on the maps referenced above and are
therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and
may be considered jurisdictional according to the US Army Corps of Engineers.
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 DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery
service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street,
Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
D North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

1700 Old Crews Road Property
Wake County
7/21 /2022
Page 3 of 3
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 Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Josh Brigham at [phone].
Sincerely,
/-IYZ
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office, Division of Water Resources, NCDEQ
cc: Laserfiche
Consultant via e-mail, Joshua Harvey, S&EC, PA, [e-mail]
D,E Q North Carolina Department of Environmental Quality I Division of Water Resources
e:!ea::f512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NCRIH �APOIINA 919.707.9000
p�paMpn e! ErtARM+mdl pyM\

1700 Old Crews Road Property
Wake County, NC-DWR Project # 22-246
NRCS Soil Survey Sheets 41 & 51
Wake Co., NC 1970
Legend:
dSrgtFa
Base Map provided by S&EC
Locations are approximate
and are provided for refer-
-project boundary
ence only

%_ J, Subject
C)
1700 Old Crews Road Property
Wake County., NC-DWR Project # 22-246
I
4
J,
0
ICD
wr
fifr
1300
USGS Topographical Map Base Map provided by S&EC
Legend: Locations are approximate
-Project boundary and are provided for refer-
ence only::
a

CLEARWATER MITIGATION
S O L U T I O N S
March 1, 2024
Neuse River Basin - Riparian Wetland Credits
Statement of Availability as of 03/01/2024
Soil & Environmental Consultants, Inc.
Attn: Ms. Deborah Shirley
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Applicant/Permittee: Trigate-Suncrest Brio West, LLC
c/o Mr. Sean Cooney
2701 East Camelback Rd. Suite 180
Phoenix, AZ 85016
Re: Availability of Riparian Wetland Credits for:
"Brio" (1620 & 1700 Old Crews Rd. Knightdale, NC)
Bank Name: Clearwater Neuse 01 Umbrella Mitigation Bank
Bank Sites: Lowlands Wetland Mitigation Site (USACE AID: SAW-2015-01815)
Bank Sponsor: Clearwater Mitigation Solutions, LLC
Permittee: Trigate-Suncrest Brio West LLC
Permitting Authority: Mr. Matt Martin — USACE Raleigh Regulatory FO
Mr. Zach Thomas — NCDWR Raleigh FO
Riparian Wetland Credits Requested: 0.92 acres (or WMUs)
Riparian Wetland Credits Available: 11.386 acres (or WMUs)
Service Area: Neuse River Basin, Hydrologic Unit Code (HUC) 03020201
Dear Ms. Edwards,
Clearwater Mitigation Solutions, LLC, currently has sufficient riparian wetland credits from the
Lowlands Wetland Mitigation Site to satisfy the riparian wetland mitigation requirements related to
the above -mentioned project. The project is located within service area (HUC 03020201) of the
Bank, in the Neuse River Basin. As the Bank Sponsor, Clearwater Mitigation Solutions, LLC,
attests to the fact that mitigation credits are available for reservation at this time.
This letter is simply a statement of availability of credits as of the date written. We have the
inventory as shown above, however, this letter is not a guarantee of availability as credits will be
sold on a first come, first serve basis. An invoice for this transaction will be sent upon your
request and we will formally reserve both the credits and price quoted for a period of 30-days
from the invoice.
Final transfer of the credits will be made upon receipt of a copy of the 404 and/or 401 and upon
receipt of your payment to Clearwater Mitigation Solutions, LLC. We will then issue a
mitigation credit transfer certificate verifying the credit purchase for your records. A copy of
the mitigation transfer certificate with an updated official credit ledger will also be sent to the
regulatory agencies for verification of the transaction.
Clearwater Mitigation Solutions
604 Macon Place. Raleigh, NC 27609
919-624-6901. [e-mail]

CLEARWATER MITIGATION
S O L U T I O N S
We appreciate the opportunity to assist you with your mitigation needs. Please contact me at
[phone] or clearwatermitigation(Lgmail.com if you have any questions or need any
additional information.
Sincerely,
Kevin Yates
Cc: Mr. Matt Martin — USACE Raleigh Regulatory FO
Mr. Sean Cooney — Trigate-Suncrest Brio West, LLC
Clearwater Mitigation Solutions
604 Macon Place. Raleigh, NC 27609
919-624-6901. [e-mail]

iN
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
October 2, 2023
S&EC Project No: 14372.W 14
Re: Online Project Review Request, BRIO, Knightdale — Wake County, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We
completed our review October 2, 2023 and are submitting our project review package in accordance
with the instructions for further review.
Our proposed action consists of. A planned residential development that is proposing impacts to
wetlands, streams and riparian buffers.
The location of the project and the action area are identified on the enclosed maps.
BRIO (35.826202,-78.487095). The site is located at 1620 & 1700 Old Crews Road, Knightdale — Wake
County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 15, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NHP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Environmental Consultants,
8412 balls of Neese Road, Suite 104, Raleijh, NC 27615 • Phone: [phone] • Fax
sandee.com
October 2, 2023
S&EC Project No.: 14372.W14
To: Trigate-Suncrest Brio West, LLC
Attn: Sean Cooney
2701 East Camelback Road, Suite 180
Phoenix, AZ 85016
Re: THREATENED & ENDANGERED SPECIES REPORT
BRIO (+/- 95 acres)
1620 & 1700 Old Crews Road, Knightdale, Wake County, NC
Sean Cooney:
On September 12, 2023, Soil & Environmental Consultants, PA (S&EC) evaluated the BRIO property
shown on the attached maps for potential endangered species. The property is located at 1620 & 1700
Old Crews Road in Wake County, NC. Surface waters on -site flow into Beaverdam Creek in the Neuse
River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to
Surface Waters and Wetlands of North Carolina" as C; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted preliminary habitat assessments to identify suitable habitat for the individual species
listed on the official species list. Detailed botanical surveys were conducted within the optimal survey
windows for the listed plant species. The preliminary habitat assessments included assessing the physical
characteristics of the streams, identifying forest types, and looking for evidence of the listed species on -
site. This survey did not include any detailed sampling or netting of aquatic species, nor did it include
any detailed mist netting or acoustic surveys for bat species. The results of the search are discussed
below.
BRIO - S&EC Threatened & Endangered Species Report
Page I of 6

October 2, 2023
S&EC Project #14372.W14
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Tricolored Bat, (Perimyotis subflavus), Proposed Endangered
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisl), Threatened
• Carolina Madtom (Noturus furiosus), Endangered
• Atlantic Pigtoe (Fusconaia masons), Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Monarch Butterfly (Danaus plexippus), Candidate
• Michaux's Sumac (Rhus michauxil), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within one mile of the project area. Other
State listed species were found within one mile of the project area as listed in the attached NHP report.
The NHP report identified one natural area within the project area, one natural area within one mile of
the project area and four managed areas within the project area or within one mile of the project area.
These are listed out in the attached NHP Report.
TRICOLORED BAT (Perimyotis subflavus):
S&EC personnel conducted preliminary surveys of potential suitable habitat for the Tricolored Bat's
within the project area. Relying upon the findings of the December 2021 Species Status Assessment
(SSA) Report for the Tricolored Bat. S&EC did not identify recently vacant structures. S&EC did not
identify any culverts on -site or within adjacent ROW large enough to be considered roosting habitat
that are proposed to be removed or modified. Due to the nature of the project being residential
development, which will include tree removal, we concluded that the project would "May affect, not
likely to jeopardize the existence of the species" for TCB's.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of potential suitable habitat (foraging and cavity trees)
for Red -cockaded Woodpeckers (RCWs) within the project area. During our evaluation, we found no
evidence of individual RCWs within the project area. The NHP report did not list any known elemental
BRIO - S&EC Threatened & Endangered Species Report
Page 2 of 6

October 2, 2023
S&EC Project #14372.W14
occurrence within the project area or within one mile of the site. We found no ideal suitable habitat
(e.g., Long Leaf pine forests) within the project area. Given the lack of suitable habitat, we concluded
that the project would have "No effect" on RCWs.
NEUSE RIVER WATERDOG (Necturus lewisi):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. This species is found in the Neuse River and Tar River
basins. The suitable habitat this species is found in is typically medium to large streams and rivers with
a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
pools. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. Beaverdam
Creek was +/-5 feet wide with low baseflow and had a sandy clay substrate. Additionally, the other
streams on -site did not have suitable habitat. Due to these observations, we have concluded that the
project would have "No effect" on the Neuse River Waterdog.
CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project
area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The
suitable habitat this species is found in is also medium to large streams and rivers with a moderate
gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and
cover for nesting habitat. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. Beaverdam
Creek was +/-5 feet wide with low baseflow and had a sandy clay substrate. Additionally, the other
BRIO - S&EC Threatened & Endangered Species Report
Page 3 of 6

October 2, 2023
S&EC Project #14372.W14
streams on -site did not have suitable habitat. Due to these observations, we have concluded that the
project would have "No effect" on the Carolina Madtom.
ATLANTIC PIGTOE (Fusconaia masom):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large
rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel
with moderate to high flowing water. While we did not specifically sample for the species, we also did
not find any evidence of the species while conducting our preliminary surveys of the streams for
potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. Beaverdam
Creek was +/-5 feet wide with low baseflow and had a sandy clay substrate. Additionally, the other
streams on -site did not have suitable habitat. Due to these observations, we have concluded that the
project would have "No effect" on the Atlantic Pigtoe.
DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow
condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial
streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels
(of any species) were observed during the preliminary suitable habitat survey.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. Beaverdam
Creek was +/-5 feet wide with low baseflow and had a sandy clay substrate. Additionally, the other
streams on -site did not have suitable habitat. Due to these observations, we have concluded that the
project would have "No effect" on the Dwarf Wedgemussel.
BRIO - S&EC Threatened & Endangered Species Report
Page 4 of 6

October 2, 2023
S&EC Project #14372.W14
MONARCH BUTTERFLY (Danaus plexippus):
The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for
listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with
USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving
pollinator habitat where practicable.
MICHAUX'S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrences within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along fields, roads, and easements. Given
the lack of species present on -site, we concluded that the project would have "No effect" on Michaux's
sumac.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on -site or within one
mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to
disturb nesting bald eagles. " We believe no Eagle Act Permit is required.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter." Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
BRIO - S&EC Threatened & Endangered Species Report
Page 5 of 6

October 2, 2023
S&EC Project #14372.W14
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. August 28, 2023.
7. NHP Report: August 28, 2023.
8. S&EC — FWS Species Conclusion Table. October 2, 2023.
9. S&EC — FWS Self -Certification Letter. October 2, 2023.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia mason). Version
1.2. December 2021. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
-U.S. Fish and Wildlife Service/ Southeast Region. 2021. Carolina Madtom. Species Profile.
https://www. fws.gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdog... Species Profile.
https://www. fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/
-U.S. Fish and Wildlife Service. 2021. Species Assessment (SSA) Report for the Tricolored Bat (Perimyods subflavus)
Version 1.1. Hadley, MA.
-U.S Fish and Wildlife Service. 2022 Recommended Minimum Culvert Dimensions for Bat Roost Surveys in Western
North Carolina. Ashville, NC.
BRIO — S&EC Threatened & Endangered Species Report
Page 6 of 6

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0122144
Project Name: BRIO
er
"MA h I&ALUkAff
ORW11-T
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August 28, 2023
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

08/28/2023
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.

08/28/2023
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
• 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
[phone]

08/28/2023
4
PROJECT SUMMARY
Project Code: 2023-0122144
Project Name: BRIO
Project Type: Residential Construction
Project Description: This project is located in Wake County, NC and is approximately 95
acres.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.8252106,-78.48654857981174,14z
Counties: Wake County, North Carolina

08/28/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 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
AMPHIBIANS
NAME STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772
FISHES
NAME
►` K1111I
Carolina Madtom Noturus furiosus 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/528

08/28/2023
C.
CLAMS
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
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
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.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
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 below.
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)
MIGRATORY BIRD INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.
PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION.

08/28/2023
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
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.
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
(BCQ 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.
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

08/28/2023 8
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:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their 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.
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.
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

08/28/2023
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.

08/28/2023
10
IPAC USER CONTACT INFORMATION
Agency: Soil & Environmental Consultants, PA
Name: Mason Montgomery
Address: 8412 Falls of Neuse Road
Address Line 2: Suite 104
City:
Raleigh
State:
NC
Zip:
27615
Email
[e-mail]
Phone:
7047732837

Roy Cooper, Governor
■■■10 INC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ ONE
August 28, 2023
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: BRIO; 14372.W14
Dear Robert Zarzecki:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy DirectDr, Natural Heritage Program
NCNHDE-23133
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or 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:
https://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.
Also please note that 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 an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler(a ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEWPAkTmENT OF NATvPAi. AND Cui,TuPAi. KSOUPCES
FAX }r ) r �'

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�pP��ENT OF TyF' fi
a
N p
RCN 3,A
g
United States Department of the
Project Name BRIO
Dear Applicant:
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: October 2, 2023
Self -Certification Letter
F7EUIS&wIKKV ICEFE
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
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

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/raleigh/pp.html.
If you have any questions, you can write to us at Raleighkfws.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

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'JACK & BORE ry 123 LF — —
v., 20" ENCASEMENT (0.375 WALL
\� \ THICKNESS)
IMPACT (AREA 'A')
240 ^\ \
TOP OF BANK
' I LIMITS OPI DISTURBANCE \
' ' \
\ BORE PIT
.� 30'X10'
250 250
9+50 10+00 11+00
The John R. McAdams Compan,lnc.
2905 Meridian Parkway OurBRIO
I O
M1am, NC 27]13 �V(
ph-919. 361,5000 STREAM IMPACT EXHIBIT
919. 361.2269 PROJECT ADDRESS
license number: C-0293, C-187
MCADAMS wwwmcadam....eom KNIGHTDALE. NORTH CAROLINA
1 1 +50 GRAPHIN SCALE
0 15 30 60
1 inch = 30 ft.
PLAN INFORMATION
PROJECT NO.
202110478
FILENAME
202110478-E3
CHECKED BY
RKB
DRAWN BY
EZL
SCALE
1"=30'
DATE
08-05-2022

I M PACT AREA A
TOF OF BAN
10' WID AGREENWAY
^u, BOARDWALK — S CTIiR,A
u, DESIGN BY QZERS
/GRE E W Y qI� ................._ .,...i
IN 3(�HE EMEI�fY� C
260
BORE PIT
30'X10'
^\
LIMITS OF DISTURBANCE oy
260
-------------------------------------------
PRO
OS
D BOARDWAL
CROSS
BY
N
THE
—
S
N
-------------------------------------------
—
—............ — —
FINISHED
GRADEri _
------------ ---------- ---------- -----------
�
4-
----------------
-----------
250
250
240
---------- ------ \
----------E
CL GRADE
---
—--- ---------- --------
-------------- --------
------
—
---- —--------- ---------- ---------
— — — —.............
240
TOP QF
LEVA ION
B NK
=2
1.84
I
A
I
TOP
EL
OF
TIO
AN
=
41.V
235
------------------- -----------------
------------------- --------- ---------- ----
W00 EN UPPORT
--& .1.0' —SPACING----
—
235
FG CL
0
9+50 10+00 11+00 11+50
s..ducmn\Egli�el�g\EANmtAm2340al uoe.«a l.p.n m A-01100azfl.dwc 2/28/-4 1:4—PM,
NC GRID NAD83)
GRAPHI SCALE
15 30 60
1 inch = 30 ft
PLAN INFORMATION
PROJECT NO. 2020110062
FV(K I
BRIO
O
FILENAME 2020110062E3
STREAM IMPACT EXHIBIT CHECKED BY RKB
DRAWN BY E2L
PROJECT ADDRESS
SCALE
KNIGHTDALE. NORTH CAROLINA 019.
17.
DATE .19.2023
oM—damsCompany.l^=.
_
2905 Meridian Parkway
ou.h.m, me nns
ph-919. 361,5000
919. 361.2269
license number: C-0293, C-187
MCADAMS
www madam:�o Qom

I M PACT AREA B
� N �
1 �1
✓ N `
48 RCP I
TOP OF BANK ~�
i
I I INV. IN: 268.00'
INV. OUT: 266.00'
r / \
LIMITS OF DITRBANCE
280
270
260
FG CL
9+50
FINISHED-€ ---------
----------
------------ ---------- --------- ---------- ---------- ---------- ---------- ---------- --------
---------------------
--------- ---------- ---------- ----------
K
R
YST
DI-_
NE
OCK
LOC 0
RETAININ
--------------------------- -------- - --------- --------
—------ ---------- -------------------
WALL N C LVEIRT-
HEADWALL-
— -
-
-
----DESIGI-=n �Y OTH
--------- ---------- ---------- -----------
--------
----------
--------
-=
--------
-
--------
--------
9
.12
2.12.
F 48'
RCP
/
/
0
/
NV. N: 67.00'
0 0 -
V. OUT: 65. 0
CLASS 'II" 12'W X
PERMANENT NO PE
------------------------------------------------TE)P
EXISTING GRADE /
EXISTING
C
_.
GRADE
32 X 2° HICK
--
RMANENT LO S
---BE FLU-S#-WF
TREAM BED
_T
280
270
260 0
NC GRID NAD83)
10+00 1 1 +00 1 1 +50 GRAPHI SCALE
0 15 30 60
uom«ain,P.nm.PA000011006z-"L2/28/m241:4u60PM,z.a,u. 1 nch=30 ft.
PLAN INFORMATION
PROJECT NO. 2020110062
FV(K
BRIO
I O
FILENAME 2020110062E3
STREAM IMPACT EXHIBIT CHECKED BY RKB
DRAWN BY E2L
PROJECT ADDRESS
SCALE
KNIGHTDALE. NORTH CAROLINA 0719.
DATE 07.19.2023
oM—damsCompany.l^=.
2905 Meridian Parkway
,,05
ou.nam, me nns
ph-919. 361,5000
919. 361. 2269
license number: C-0293, C-187
MCADAMS
www madam:�o Qom

I M PACT AREA C
VOP� BANE(
/
d �QP pI�TNRBANEE
�r -^ - Y
280 280
9+50 10+00 11+00 11+50
The John R. McAdams Compan,lnc.
2905 Meridian Parkway OurBRIO
I O
M1am, NC 27]13 �V(
phnne919. 361,5000 STREAM IMPACT EXHIBIT
919. 361.2269 PROJECT ADDRESS
license number: C-0293, C-187
MCADAMS wwwmeadam....enm KNIGHTDALE. NORTH CAROLINA
2
GRAPHIN SCALE
0 25 50 100
1 inch = 50 ft.
PLAN INFORMATION
PROJECT NO. 2020110062
FILENAME 2020110062E3
CHECKED BY RKB
DRAWN BY EZL
SCALE 1"=50'
DATE 07.19.2023

I M PACT AREA D
CLASS 1
RIP —RAP SLOPE
PROTECTION —
SEE DETAIL S-11
1 \' \ ` \ ♦ ` \ ' \ \, .-•...J AERIAL PIPE
CROSSING PILE
SSE DETAIL S—p
\ \ \\ \ \ \\ \\\ \ \ \`i0 0} BANK J
---------------
2oNE 11 )Zo
i
J
\ ----- - i
MTS OF I \ 1 II II \ 77 77 1.. \.>
LI
\ OISTWR NCE' III 1 \I \I ) ./
9)n 99n
I I I
THIS SECTION OF
------ ------- ------- .----- _._
_____........_...SElgYM_SHAL.-13C----- ------ ------- ____
RESTRAINED JOINT
JR11
MH
109
Si
. 16
92.
4,
.00
TO'. MANHOLE
=2
13.4
4
01
.
I I I
%IST NG
PIPE Q0.375" MIN ALL
L G AD /
___---- .------- ._____
--- ------- .____..._TH��.r___
240
240
------ -----
- ----------- -------
PERIAL CROSSING i B 1
--- ....
-- ----------------
SAiF1E7€9-FB7-C+A'-6F-
_______-
RALEIGH STANDARDS AND
SP€G!FlGAA9NS-{S€€...-0ETAI�S. __
________.
________________ _.------- .
__
S.-10 THROUGH S-19) PIERS
/
------ ----
SHALL REMAIN OUT SIDE _©F. ___
STREAM BANK
________
__.______--------
---
----- _------
_______
0
SS
Z:7-
x
230
230
�o
n
v
/
_
13ILAS
1
IP—
P
SLOE
jl�E
TOP OF BA
K
l=229.4�_____25
_YEAR-�.00©.- ______
_.ELEVATION
229.24
ST
EL LAERIA
PI E C OS ING PILE
END—
SE D AIL S-1
EM
ANKE )
________
H DRAIN—& VENT__i-tPES
PER
CITY OF RALEIGH
___ _ .________
_._ _... _._
_0E
AILS
220
220
Z
14+50 15+00 16+00 17+00 GRAPHOAD&3LE
0 20 40 80
ducm6\Egli�eig\EAlbitAm0340a1uoe.«ai.p.nm.PA000011006z-"L2/28/m241:41s7PM,z.a,u. 1 nch=40 ft.
oM—damsComPany.l^=.
PLAN INFORMATION
2905 Meridian Parkway
2.
ou.h4m, me nns
FV(K
BRIO
I O
PROJECT NO. 2020110062
FILENAME 2020110062E3
ph-919. 361,5000
STREAM IMPACT EXHIBIT
CHECKED BY RKB
919. 361.2269
PROJECT ADDRESS
DRAWN BY E2L
license number: C-0293, C-187
SCALE 17.
KNIGHTDALE. NORTH CAROLINA
MCADAMS www madam:�o Qom
DATE .19.2023
019.

I M PACT AREA G
EXISTING 30' I = — �..� / ql \ 1 \
POWER LINE'I Z
EASEMENT
LIMITS OF.
DISTUREiANC�!\
W
P=
` ral
----------------------------------------------------------------
240
-------------------- ------- ------- -------_._...
240
NIS ED
LXIING
CL RA E
-------------- -------- .------ -------- '------ -------- '------ -------
- -- - -- -- ------ -----------------
WATER
E
V AT
SURFACE
EL-EOATi01N.... ......
-----ECEVATiON"
230
230
_ STREAM BOTTOM-
ELEVATION: 2 7.5
16'-10` X 8'-3
...-ABC ....w;7HW-
ALUMINUM BOX
----_
._CULVERT-----
---._------
STREAM SOTTO
04,
INV.
IM:-_226.54'
220
----_lNv.-StJTc_22t-.t4:. _____-____._____
------._------._------.------- ------- .------- .------- ------- ._------_......_
-
-- - — — ------ - ------ — +� —
----'------------------------------ --------------- --------------- _--------
220
FG CL
m
H
10+00 11+00 12+00 NC GRID
0 20 40 80
\M234021uce.«ai-P-d--PAz0zoss0oaz-"L2/28/m2e1:4126PM, z.a, ue 1 nch=40 ft.
o29M—damsCompany.l^=.
PLAN INFORMATION
290'Meridian Parkway
ou.nam, me nns
^O
FV(K
BRIO
PROJECT NO. 2020110062
FILENAME 2020110062E3
ph-919. 361,5000
STREAM IMPACT EXHIBIT
CHECKED BY RKB
919. 361. 2269
PROJECT ADDRESS
DRAWN BY E2L
license number: C-0293, C-18J
SCALE 17.
KNIGHTDALE. NORTH CAROLINA
MCADAMS www madam:�o Qom
DATE .19.2023
019.

I M PACT AREA B
DE —WATER WORK /
1 AREA THROUGH /
,FILTER BAG. THIS
j \ AREA
ISALSOTo BE
j j 3 3 3 3 3` USED FOR SEDIMENT
\PERMANENT—N� OSS (CLAS 1) BASIN MAINTENANCE
RIP RAP DISSIPAR PAD) IMP T j 3 3 3 3 3 PAD
I�'. OUT: 264�0' /
PUMP OUT
TEMPORARY RIP RAP LOCATION I � � �'� � ,%
ARMOR EQUAL TO ?�
PERMANENT VELOCITY
DISS,PATOR
3 3 3 3 3 4 j RCP
AQUA BARRIER 3 3 3 je j 3
COFFER DAM
OR APPROVED `� \
EQUIVALENT
i
s �
INV. IN: T.00' 1 ,
'1 f ..•f f f f j \ \
��•,••• f '1 f f f f ' \
LIMIA�S5 OF
DISTl1RBANCE
TEMPORARY DIVERSION
CHANNEL LINED WITH �
IMPERVIOUS MATTING WITH y....,..—
A MINIMUM OF 4 FEET ' TOP OF� BANK
OVERLAPPING THE ZONE T
CHANNEL BANKS (SEE ZONE 2
/ TYPICAL SECTION)
50' NEUSE RIVER "RIPA@IA
BUFFER (MEASURED 50' FROM
TOP OF BANK, EACH SIDE) s 3 3
N
GRAPHI�NSCALE
0 15 30 60
M:\Pra.cAsuNmazzaaarozs.eeucmaM„la.ela AlbitAmz3a0alUpd.ain,.n n,.A-011006— 2/28/mz41:4—M, z.a, u. Imch=30 ft.
eM—damsCompany.l^=.
PLAN INFORMATION
_5
290Meridian Parkway
ou.nam, me nns
FV(K
BRIO
I O
PROJECT NO. 2020110062
FILENAME 2020110062E3
phone 919. 361, 5000
STREAM IMPACT EXHIBIT
CHECKED BY RKB
919. 361. 2269
PROJECT ADDRESS
DRAWN BY E2L
license number: C-0293, C-187
SCALE
KNIGHTDALE. NORTH CAROLINA
MCADAMS www madam:eo eom
DATE 07.19.2023
0719.

I M PACT AREA G
g I
OG
� 1
PUMP OUT `
LOCATION
3 DEj WATER WORK I AL,INUM'^-
AREA THROUGH
FILTER BAG. �� 0' INV. IN: 4• i OF BA
'AgUA BARRIER ` \
COFFER DAM 'AQUA BARRIER
;OR APPROVED COFFER DAM + + + +
4 EQUIVALENT j g 3 j .OR APPROVED 3 3 3 3 3
3 3 3 3 INV'.' OUT: 22� 3 3 3 EQUIVALENT y\ 3 3
i
—
/ TEMPORARY DIVERSION
-"CHANNEL LINED WITH
IMPERVIOUS MATTING WITH �� 3
A MINIMUM OF 4 FEEi
j .OVERLAPPING THE LD • . 3 3 50,
NEL�SE RAVER 3RIPAF TAN 3
j 3 ?ti 3 CHANNEL BANKS (SEE j \ 3 3 UFFFF��R (AA��EASURED �O FROM
TYPICAL SECTION) OP bF BfNK, EACH SIDE
_ I
LIMITS OFs s
DIM4TURBANCE�
i 1 1 j j N j� j i i Q i 1� 1 \\\ \ '•....... i i i i i i i i
f f f � f f j j f f f f f\ f \ f •...••. f f f f f f f
i i i i i i j j j i i\ i y i y\ \•.'• i j j i i
N
GRAPHI� SCALE
0 15 30 60
1 inch = 30 ft.
PLAN INFORMATION
PROJECT NO. 2020110062
FV(K I
BRIO
O
FILENAME 2020110062E3
STREAM IMPACT EXHIBIT CHECKED BY RKB
DRAWN BY EZL
PROJECT ADDRESS
SCALE
KNIGHTDALE. NORTH CAROLINA 0719.
DATE 07.19.2023
ehnR.M—damsCompany.l^=.
2905 Meridian Parkway
ou.nam, me nns
ph-919. 361,5000
919. 361.2269
license number: C-0293, C-187
MCADAMS
www madam:eo eom

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