Loading...
HomeMy WebLinkAbout20200007 Ver 1_401 Application_20181230Preliminary ORM Data Entry Fields for New Actions 00 goo f SAW — 201 - Prepare file folder ❑ BEGIN DATE [Received Date]: 1. Project Name [PCN Form A2a]: Angier Avenue 2. Work Type: Private ❑ Institutional ❑ 3. Project Description / Purpose [PCN Form 83d and Be]: Assign Action ID Numbe n 0 ❑ Government ❑ Commercial ❑✓ Construction of town homes and associated amenities. 4. Property Owner/ Applicant [PCN Form A3 or A4]: Applicant: Cambridge Properties Attn: Mr. Nate Buhler 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form 65b]: none known for project area 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 4115 Angier Avenue, Durham, NC 27703 35.94497,-78.83457 8. Project Location - Tax Parcel ID [PCN Form Bla]: 074902889993, 074902896314, 074902894359 9. Project Location — County [PCN Form A21o]: Durham 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Durham 11. Project Information —Nearest Waterbody [PCN Form Ka]: Lick Creek, WS-IV; NSW 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 62c]: Upper Neuse, 03020201 �iVEa���WR DEC 3 0 2019 Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑ wat� " g,�t Regulatory Action Type: Pw ❑Standard Permit ✓ Nationwide Permit # 29 ❑ Regional General Permit # ❑ Jurisdictional Determination Request Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 Page 1 of 94 l UVIRMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams —Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: Angier Avenue Property owner of Record: Greater Life Church, Inc. Contact Name: Nate Buhler, Cambridge Properties, contract holder 831 E. Morehead Street, Suite 245 Address: Address: Charlotte, NC 28202 Phone/Fax Number: 980-260-2770 Email Address: nkb@cambridgeprop.com Project Address: 4115 Angier Avenue Project Address: Durham, NC 27703 Tax PIN: 165014, 165015, and 165024 00 Signature: Date: 7 / ATLAS Environmental Inc 712 Engles Tudor lane Charlode, North Caroline 28211 7M-512-1206 (o) / 828-712A205 (m) jrobertson@atlaserni.com v .atlasenvi.com Page 5 of 94 AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams - Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/propertles identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to Impact Wetlands and Waters of the US that are regulated try the Clean Water Ad and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State Including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: �4�;�r . ru# _ Property Owner of Record: �l. G,}�z.,-yr a- t_ // Lnc- Contact Name: . / Seed / Address: Sid E' c:4, 4 qw. Address: -wg. 4 "C�/ 27725 Phone/Fax Number: 2/9 -:5qI — a T r'5 Email Address: �I Project Address: q j � a A^�( Avcr,,A Project Address: pv.CL ri NC 2 770J Tax PIN: Signature: Date: A TLASEmrironmentid Inc. 712 English Tuft Lane Charlotte, North Cam" 29211 704512-1206 (o) / 828-712-9205 (m) Ao rtson@atlasenvi.com w atlasenvi corn Page 3 of 94 Lam! l..J NVIRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams - Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 1, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: Xr A4tux& J Property Owner of Record: J9 �• L'rV-'eat Contact Name: 0-0e- 8. 4.yton Address:ZQ� S, ic,..,; [3�✓, Address: fl���a..� NC 2.7703 Phone/Fax Number: Email Address: Project Address: i l f 5 A% .*y- Are. Project Address: -0V-rka,,, NC 27703 Tax PIN: 6 l65d16 Signature: Date: ATLASEnvironnm tal Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 2B211 704-512-1206 (o) / 828-712-WOO (m) jrohertson@atlasenvi.com Ww ,atiasenvi om Page 4 of 94 -q"4IRONMENTAL December 9, 2019 US Army Corps of Engineers NC Division of Water Resources, Attn: Durham County Agent 401 and Buffer Permitting Unit 3331 Heritage Trade Drive, Suite 105 Attn: Mrs. Karen Higgins Wake Forest, North Carolina 28801-5006 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Nationwide Permit 29 Request Angier Avenue - 20.3 acres Durham County (Parcel ID's: 074902894359, 074902889993, 074902896314) 4115 Angier Avenue Durham, NC 27703 Durham County Agent/Stephanie: Cambridge Properties is requesting approval of the enclosed Nationwide Permit 29 application. There is approximately 335 linear feet of stream (274 linear feet of intermittent and 61' of perennial) and 0.264 acre of wetlands on the subject property. The permit application request is for 0,036 acre of wetland impact for townhome lot fill of two homes and for 0.021 acre of wetland impact for sewer line construction and maintenance. The streams on site are unnamed tributaries to Lick Creek which is classified as "WS-IV; NSW" waters by the North Carolina Division of Water Resources. A site meeting was conducted with Mr. Ross Sullivan on August 21, 2019 to review the delineation. Mr. Sullivan approved the delineation in the field and the Jurisdictional Determination package was submitted to Mr. Sullivan on September 18, 2019. A site meeting was conducted with Mrs. Stephanie Ross on November 12, 2019. Mrs. Ross approved the Neuse buffer determination and reviewed the delineation. Enclosed are the necessary permit documents and additional project information. Thank you for your attention to the enclosed delineation approval and permit application requests. Please contact me if you need any additional information. Best regards, �"+ � i& " Jennifer L Robertson, President J Robertson (o)atlasenvi.com ATLAS Environmental, Inc. 338. S Sharon Amity Road, #411 Charlotte, North Carolina 28211 Office 704-512-1206 / Mobile 828-712-9205 www.adasenvi.com / Offices in Asheville and Charlotte / Serving the Southeast US Page 2 of 94 O-'CyN�AT��yF�q\�G >ILJWLX o';;ii�- Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Oak Grove / Angier Avenue 2b. County: Durham 2c. Nearest municipality / town: Durham 2d. Subdivision name: Oak Grove 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Greater Church Life/Layton EC Jr 3b. Deed Book and Page No. 007680 / 000188 and 002271 / 000009 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1500 E. Club Blvd/2008 S. Miami Blvd 3e. City, state, zip: Durham, NC 27705/Durham, NC 27703 3f. Telephone no.: 919-941-8483/no phone number 3g. Fax no.: no fax 3h. Email address: nkb@cambridgeprop.com Page 1 of 10 PCN Form — Version 1.4 January 2009 Page 6 of 94 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: under contract to purchase 4b. Name: Nate Buhler 4c. Business name . (if applicable): Cambridge -Angier, LLC 4d. Street address: 831 E. Morehead Street, Suite 245 4e. City, state, zip: Charlotte, NC 28202 4f. Telephone no.: 980-260-2770 4g. Fax no.: no fax 4h. Email address: nkb@cambridgeprop.com 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338. S. Sharon Amity Road, #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.. no fax 5g. Email address: JRobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 Page 7 of 94 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 074902894359, 074902889993, 074902896314 1 b. Site coordinates (in decimal degrees): Latitude: 35.94497 Longitude: - 78.83457 1 c. Property size: - 20.3 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Lick Creek 2b. Water Quality Classification of nearest receiving water: WS-IV; NSW 2c. River basin: Upper Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: deciduous forested areas, evergreen forested areas, floodplains of UT's to Lick Creek, field areas, maintained utility lines; the general land use in the vicinity is residential development, commercial development, and undeveloped areas 3b. List the total estimated acreage of all existing wetlands on the property: 0.264 acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 335 linear feet 3d. Explain the purpose of the proposed project: To develop a residential subdivision consisting of townhomes 3e. Describe the overall project in detail, including the type of equipment to be used: 0.036 acre of wetland will be filled to construct a road and townhomes. 0.021 acre of wetlands will be impacted to construct a sewer line. Typical construction equipment will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments:. -4b. If the Corps made the jurisdictional determination, what type of determination was made? ®Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jennifer Robertson Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. submitted but not yet received; Ross Sullivan conducted a site visit on September 18, 2019 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ® Unknown. 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No [6—blf yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 Page 8 of 94 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Seep Yes Corps 0.036 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.006 W3 P Fill Bottomland Hardwood Forest Yes Corps 0.005 W4 P Fill Bottomland Hardwood Forest Yes Corps 0.001 W5 P Fill I Bottomland Hardwood Forest I Yes I Corps 0.001 W6 P Fill Bottomland Hardwood Forest Yes I Corps 0.004 2g. Total wetland impacts: 0.057 2h. Comments: W7: P: Fill: Bottomland Hardwood Forest: Yes: Corps: 0.003 and W8: P: Fill: Bottomland Hardwood Forest: Yes: Corps: 0.001 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3_ e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 Page 9 of 94 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number— Permanent (P) or Tem ora T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: 4g. Comments: there is no open water on site 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: no pond contruction proposed 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 5 of 10 PCN Form — Version 1.4 January 2009 Page 10 of 94 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts re uire mitigation, then vou MUST fill out Section D of this form. 6a.Project is in which protected basin? ® Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason for impact Buffer Zone 1 Zone 2 Permanent (P) or Stream name mitigation impact impact Temporary (T) required? (square (square feet) feet B1 P Graded Slope from UT to Lick Creek No 183 Townhome B2 P Sewer Line Construction UT to Lick Creek No 3088 B3 P Sewer Line Construction UT to Lick Creek Yes 319 B4 P Sewer Line Construction UT to Lick Creek Yes 1216 B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 1535 3271 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures -taken to avoid or minimize the proposed impacts in designing project. no stream impacts are proposed, 335 linear feet (100%) of streams and 0.207 acres (78.4%) of the wetlands have been avoided, the minimal impacts that are necessary are to provide for road and townhome construction (0.036 acre) and sewer line construction (0.021 acre), total impacts have been minimized to less than 0.10 acre. 1 b. Specifically describe measures.taken to avoid or minimize the proposed impacts through construction techniques. The site plan avoids the stream corridor completely except for the outer edges of some wetlands for sewer line installation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ElPayment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none Type: Choose one Quantity none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity none Type: Choose one Quantity none Page 6 of 10 PCN Form — Version 1.4 January 2009 Page 11 of 94 3c. Comments: none 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: no comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. not applicable 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ® Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. 'Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Sewer Line Construction 1535 3 (2 for Catawba) 4605 Zone 2 Sewer Line Construction and Lot Grading 3271 F 1.5 none 6f. Total buffer mitigation required: 1 4605 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). payment to private mitigation bank; see attached.SOA from RES 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 Page 12 of 94 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes No stormwater approval is being obtained by the project engineers 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: the plan is being approved locally by Durham 2e. Who will be responsible for the review of the Stormwater Management Plan? JDurham 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Durham ® Phase II 3b. Which of the following locally -implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 Page 13 of 94 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑'Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 26 .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. sanitary sewer Page 9 of 10 PCN Form — Version 1.4 January 2009 Page 14 of 94 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act. ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDENR Natural Heritage Program Map Viewer and GIS Layer; see enclosed desktop review for Federal T&E 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact.Essential Fish Habitat? NOAA Fisheries 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCHPO GIS Service; coordinating with NC HPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: No impacts are proposed within the FEMA floodplain on site. 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson J1� 12/17/2019 Applicant/Agent's Printed Name oS Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.4 January 2009 Page 15 of 94 W8 = 0.001 acre acre ` --_- :'.�-. -- ,-z - --', W6 = 0.004 acre -- - -- Y I / � �' �, '' W5 = 0.001 acre ♦, �� �, D op 0.001 acre \ ! - - -- -- W2 = 0.006 acre W1 = 0.036 acre \�\ r/t - \ � ♦ .� '' � � „ .may ,/' i✓ -_-`� � /_� -yf- // i / Durham No Build 10' v 'r♦'p- >� i, ,y, r, : , B4 = 1,216 square feet i zone 1, mitigation provided B1 = 183 square feet B3 = 319 square feet ♦ ♦'`� � zone 2. r -..�.. , _ , ._ ,_: / ' x; , \ zone 1, mitigation provided square feet ozone 2, no mitigation / / J WADAMs 11:.Nn II. MW�MCenprry. YC. DE uMT.n M1rb..y o:,rn.m nc mu gve919 361. SYW IY 919.3 C1 9% CUENr nMOPWGF P.�RIILrt1.WC e,i a rno9enuon,wrtE9n �wa10RE xctmx vnovE.iw,9v.tDl iVISR)NS MAN INFOMNATNNI Ig.E CM 19gq iXFNLME YIIIYYY.53 oEUEon vu oM." m lug .o 9Are 3:. v.2o,9 SHUT PRELIMINARY GRADING SECONDLINE CX.XX IILEY CD A Oak Grove Angier Avenue Cambridge Properties / / / / 1� \\ Map Scale 1" = 50' N w 0 m co 0 m A 3331 Heritage Trade Dr to 4115 Angier Ave, Durham, NC 27703 - Google Maps Page 1 of 2 Go gle Maps 3331 Heritage Trade Dr to 4115 Angier Drive 21.4 miles, 30 min Ave, Durham, NC 27703 Angier Avenue Project: Corps Driving Directions Map data 02019 2mi- 3331 Heritage Trade Dr Wake Forest, NC 27587 Take Rogers Rd to US-1 ALT S/S Main St in Wake Forest 3 min (1.0 mi) t 1. Head east toward Forestville Rd f 2. Turn right onto Forestville Rd N 3. Turn right onto Rogers Rd 213 ft 489 ft nlrii '7 4. Use the left 2 lanes to turn left onto US-1 ALT S/S Main St • Continue to follow US-1 ALT S 3 min (0.9 mi) Get on 1-540 W in Barton Creek 11 min (5.8 mi) t 5. Continue straight onto Falls of Neuse Rd 0.6 mi Page 19 of 94 https://www.google.com/maps/dir/3331+Heritage+Trade+Dr,+Wake+Forest,+NC+27587/... 6/ 13/2019 3331 Heritage Trade Dr to 4115 Angier Ave, Durham, NC 27703 - Google Maps Page 2 of 2 t 6. Continue straight to stay on Falls of Neuse Rd 4.9 mi 7. Turn right to merge onto 1-540 W 0.4 mi Continue on 1-540 W. Drive to Angier Ave in Oak Grove 13 min (12.6 mi) 8. Merge onto 1-540 W 9.0 mi Y` 9. Take exit 4B to merge onto US-70 W/Glenwood Ave toward Durham 0 Continue to follow US-70 W 3.6 mi .� 10. Tu rn left onto Angier Ave 2 min (1.1 mi) 4115 Angier Ave Durham, NC 27703 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. Page 20 of 94 https://www.google.com/maps/dir/3331+Heritage+Trade+Dr,+Wake+Forest,+NC+27587/... 6/ 13/2019 3800 Barrett Dr, Raleigh, NC 27609 to 4115 Angier Ave, Durham, NC 27703 - Google ... Page 1 of 2 Go gle Maps 3800 Barrett Dr, Raleigh, NC 27609 to 4115 Drive 14.5 miles, 25 min Angier Ave, Durham, NC 27703 Angier Avenue Project: DWR driving directions Alm ,9 e o f 0 0 me a m • e Oe e 4.. � � ea � � ""!L•` a +► • e Google ° Map data 02019 2mi 3800 Barrett Dr Raleigh, NC 27609 t 1. Head west on Barrett Dr toward Haworth Dr 0.1 mi r► 2. Turn right onto Six Forks Rd 0.7 mi 3. Use the left 2 lanes to turn left to merge onto 1-440 W 1.4 mi r 4. Use the right 2 lanes to take exit 7B to merge onto NC-50 N/US-70 W/Glenwood Ave toward Crabtree Valley/Durham 6 Continue to follow US-70 W 11.3 mi +, 5. Turn left onto Angier Ave 4115 Angier Ave Durham, NC 27703 Page 21 of 94 https://www.google.com/maps/dir/3800+Barrett+Dr,+Raleigh,+NC+27609/4115+Angier+... 6/ 13/2019 3800 Barrett Dr, Raleigh, NC 27609 to 4115 Angier Ave, Durham, NC 27703 - Google ... Page 2 of 2 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. Page 22 of 94 https://www. goggle. com/maps/dir/3 800+Barrett+Dr,+Raleigh,+NC+27609/4115+Angier+... 6/ 13 /2019 Durham, NC Tax Parcel Report Thursday, June 13, 2019 �i PIN Acreage Deed Book Plat Book Subdivision Owner Name Land Value Total Value DURHAM I1 8 6 9 0749-02-88-9993 18.80900000 007680 000188 N/A- NO SUBDIVISION GREATER CHURCH LIFE $674,660.00 $674,660.00 DURHAM COUNTY �O 1BB1 �' Parcel ID Land Use Deed Page Plat Page Site Address Owner Address Building Value Sale Price 165024 VACANT COMMERCIAL 000430 000007 4115 ANGIER AVE 7600 RHONE CT WAKE FOREST, NC 27587 $0.00 $250,000.00 Page 23 of 94 Durham, NC Tax Parcel Report Thursday, June 13, 2019 A PIN Acreage Deed Book Plat Book Subdivision Owner Name Land Value Total Value DUHI IAM 1 8 6 9 wl w 1lAt.'Mr 0749-02-69-6314 1.21200000 002271 000009 PROP -BAILEY D T LAYTON E C A $66,060.00 $66,060.00 Parcel lD Land Use Deed Page Plat Page Site Address Owner Address Building Value Sale Price 165014 VAC RES/ LOT-SML TRACT 000307 000110 1924 BAILEY ST 4440 HOLLEMAN RD DURHAM , NC 27703 $0.00 $0.00 Page 24 of 94 Durham, NC Tax Parcel Report Thursday, June 13, 2019 PIN Acreage Deed Book Plat Book Subdivision Owner Name Land Value Total Value 1 8 6 9 0"� 0749-02-89-4359 0.32100000 002271 000009 PROP -BAILEY D T LAYTON E C JR $26,420.00 $26,420.00 DURHAM COUNTY 110 leer Parcel ID Land Use Deed Page Plat Page Site Address Owner Address Building Value Sale Price 165015 VAC RES/ LOTSML TRACT 000307 000110 1622 BAILEY ST 4440 HOLLEMAN RD DURHAM , NC 27703 $0.00 $0.00 Page 25 of 94 1 Aquatic Resource Sketch '\ Map Sketch Mapprp,,,, for illustrative purposes and preliminary planning Not intended / only. to en relied upon for exact location, dimension, or orientation. All findings and assessments are seblect to \ verification from the Army Corps of Engineers, Division of Water Resources, ies. D other re pro riate an ZO,y local authorities. Do not re r-' / Hy m set except in its enure ' i 1 i/// 17 Legend \ ' , ED Review Arla I - - - - - - - - Detail 2, Streets ------- Durham Co. Parcels Delineation Intermittent OHWM yam° Perennial OHWM 0 100 200 300 400 Ft ® Wetland Boundary Project Name: Angier Avenue n m A r ` Location: 4115 Angier Avenue, Durham NC, 27703 IRONMENTAL For: Cambridge Properties Attn: Nate Buhler A Pa e 1 of 5 Coordinates: 35.94497,-78.83457 Date: June 19, 2019 Updated: Sept. 03, 2019 % Aquatic Resource Sketch Map Potential Wetland WL 110C - 0.018 Ac Potential Wetland W L 1000, - 0.142 Ac j i' 401 Legend Review Area Streets / - Durham Co. Parcels / -' - Potential Non Wetland Delineation -__ �Ae CH 100, - 61 LF Intermittent OHWM Perennial OHWM' 0 25 50 75 100 Ft Wetland Boundary Project Name: Angier Avenue m Location: 4115 Angier Avenue, Durham NC, 27703 N NMENTAL For: Cambridge Properties Attn: Nate Buhler Page 3 of 5 Detail 1 Coordinates: 35.94497,-78.83457 Date: June 19, 2019 Updated: Sept. 03, 2019 Aquatic Resource Sketch i Map Wetland [Potential L 1200, - 0.057 Ac Potential Non Wetland CH 100 cont., - 223 LF i Potential Wetland WL 1300, - 0.009 Ac Potential Wetland % Legend / WL 2000, - 0.002 Ac - O Review Area _ Streets Durham Co. Parcels Contours _2Ft Delineation Intermittent OHWM Potential Non Wetland Perennial OHWM P CH 2O0, - 51 LF — 0 25 50 75 100 Ft Wetland Boundary \ Project Name: Angier Avenue m 4 \ Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler NMENTAL Detail 2 Coordinates: 35.94497,-78.83457 Date: June 19, 2019 Updated: Sept. 03, 2019 Page 4 Of 5 Aquatic Resource Sketch Map l%, Potential Wetland WL 3000, - 0.036 Ac Legend [Z) Review Area Streets Durham Co. Parcels Contours-2 Ft Delineation A& Intermittent OHWM M Perennial OHWM 0 25 50 75 100 Ft M Wetland Boundary Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 VIL/VS NMENTAL For: Cambridge Properties Attn: Nate Buhler Panes of 5 Detail 3 Coordinates: 35.94497,-78.83457 Date: June 19, 2019 Updated: Sept. 03, 2019 S 1 2- 87 0 0 49-02'89-1676 'V� °>. Parcel Map .p CWP Ayy(( 4- �qh 0840-01-90-5107 P Pry0 v, c �yq ao,��' O^0`" pgPry p''Y O^ O)F OPq 0 49-02-89- 1337 q �I. pC,o 0749-02-89-6314 o^o-gP2`2Bg 074 -02-89-1321 °^ O> OAF ---12,90y `f�f Y 074 -9258 - O) p90 2 8y2 � ^ 0 1j3 w CP ti gpti pgro d � 010 ti P 0749-02-88-9993 p ti0 44, 2-a"735 P b a b n 9-02-88 -073 01 b1' �� a°jp qb q o 9-02-88-05 �p�a Ary� 32 W O "CO ,69o� °jF'91i2 P�Iy O�q9• O^~ °,49ro 9g�Sfs °)llgo 0 Legend 0?1 2982F OYyO590 q pgoti�ri eview Area o� treets a p Ati ace° ors pti5P °jF aqP o.>F s� �� 0 100 200 300 400 Ft �3 iDurham Co aq �~ �f 19 49-02-9 Project Name: Angier Avenue m Location: 4115 Angier Avenue, Durham NC, 27703 m NMENTAL For: Cambridge Properties Attn: Nate Buhler A Coordinates: 35.94497,-78.83457 Date: June 12, 2019 Topographic Map Z' Legend DteviewArea nreeis u am SD' rh Co. Parcel SL 0 100 200 300 400 Ft —Contours 2 Ft Project Name: Angier Avenue A Q / VO Location: 4115 Angier Avenue, Durham NC, 27703 NIVIENTAL For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497, -78.83457 Date: June 12, 2019 n Project Name: Angier Avenue m ` Location: 4115 Angier Avenue / lJ 40NMENTAL For: Cambridge Properties Atl A Legend 0 Review Area Streets Durham Co. Parcels YAP USGS Tc Project Name: Angier Avenue raphic Ma Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497,-78.83457 Date: June 05, 2019 0 0.25 0.5 0.75 1 Mi ! Aerial Imagery C/ x �x a review Area ,treets )urham Co. Pa II Imagery 100 200 300 400 Ft d ew Area burham Co. Parcel Q�m.r ,MBMtlb`i`�F National Wetland Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497,-78.83457 Date: June 12,2019. 0 Ft Soil Map —Durham County, North Carolina Ck C f �3 ®v Wsno sa:m er+n a Div �Aiu lssaro exam Maps :1:2,J10f pry edon Alar��zpe (11"•9.5')SwPG ry Mrs o t Y)% Natural Resources Web Soil Survey ao eo m 2a A — rea Conservation Service National Cooperative Soil Survey n tm an at a: MaO Pela'>a�: 1Mtfl Mmamr COria mM4naQ�s:WGie9 EdgeG6: U1M Zp'i21JNVJG561 Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 p %IRONMENTAL For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.53852,-80.62657 Date: June 05, 2019 MAPLEGEND Area of Interest (AOI) OArea of Interest (AOI) Soils Q Soil Map Unit Polygons r.y Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout ® Borrow Pit X Clay Spot O Closed Depression Gravel Pit Gravelly Spot ® Landfill A, Lava Flaw Marsh er swamp Mine or Quarry ® Miscellaneous Water OPerennial Water V Rock Outcrop + Saline Spot Sandy Spot 40 Severely Eroded Spot 0 Sinkhole Jp Slide or Slip jif Sodic Spot IRnNMFNTAI MAP INFORMATION Spoil Area The soil surveys that comprise your AOI were mapped at 1:15,800. Q Stony Spot Very Stony Spot Waming: Soil Map may not be valid at this scale. 1, Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil a Other line placement. The maps do not show the small areas of •- Special Line Features contrasting soils that could have been shown at a more detailed scale. Water Futures Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation Rails Source of Map: Natural Resources Conservation Service e4-4 Web Soil Survey URL: ry Interstate Highways Coordinate System: Web Mercator (EPSG:3857) N US Routes Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts Major Roads distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background . Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Durham County, North Carolina Survey Area Data: Version 22, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 27, 2014—May 6, 2014 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 1 Cambridge Properties Attn: Nate Buhler rdinates: 35.53852,-80.62657 Date: June 05, 2019 Map Unit Legend Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI CrC Creedmoor sandy loam, 6 to 10 percent slopes 0.0 0.1% 7.5% Wn Wehadkee silt loam, 0 to 2 percent slopes, frequently flooded 1.5 WsB White Store sandy loam, 2 to 6 percent slopes 6.9 34.1% Wsc White Store sandy loam, 6 to 10 percent slopes 11.9 56.4% Totals for Area of Interest 20.31 100.0% Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 1 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.53852,-80.62657 Date: June 05, 2019 Durham County Soil Survey, 1976: Map Sheet # 32 Cr B J. ! T1 a r i Project Name: Angier Avenue p TjL.,%/► S Location: 4115 Angier Avenue, Durham NC, 27703 ENVIRONMENTAL For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.53852,-80.62657 Date: June 05, 2019 ®I _ Search Stream Name or _c I Q ©Mao D ays m 3 E \ .r 3 E \ .r 3 �n I)/ a wsh /q, ah gr E 0� S k6 nta'N..r �_., Slllnant pr �m _end a' m m A NMENTAL A ,d c L v n A 09 6 � g E ,pk f., It Pk� a 2 W NrocP Stw6v. NelrOri:usets - Srreem Index 27-11{0.5) EjIIEIT NITE: Lick Cr k L Dew p{v From tins to Wke 4� CourVSR 800 foJ Cl,.ikr3 r WSAFNSN Dre of l.kS: July 31, 1C48 Riw, lll.: News 1N'et Cces d , clan Mo or 'q{R mEan' 2ooT to ... S„ 8 n u g S° w e 'o �e CoHeMEk p, OM l Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497,-78.83457 gniiiiinf.;ty of R. W cfi, T. of Cety, County o4 M hs . Sure of North C..H. DOT, F Date: June 05, 2019 ►_ `� , MASK& Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497,-78.83457 Date: June 05, 2019 ,m National Hydrographic Dataset 6 eo o-° Legend eview Area treets Durham Co. Parcel IS Streams 0 200 400 600 800 Ft IS Waterbod s Project Name: Angier Avenue m A n \ Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler ONMENTAL Coordinates: 35.94497,-78.83457 Date: June 12,2019 > Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham INC, 27703 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497,-78.83457 Date: June 12, 2019 Northwest Durham USGS Quadrangles Northeast Durham Creedmoor Southwest Durham v Southeast Durham Bayleaf Legend M Review Area USGS Quadrangles 0 Durham County Cary 0 1 2 3 4 Mi Project Name: Angier Avenue /-� m N NMENTAL > Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497,-78.83457 Date: June 05, 2019 030202010403 � HUC 12 Watersheds --Blerbe Creek 030202 030300020602 Little Lick Creek-Neuse River River Third Fork Creek 030300020605 Northeast Creek Legend Review Area HUC 12 Durham County ._ Al\� M�t` 0311202010801 Upper Cr btree Creek Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497,-78.83457 030202010502 Lick Creek 030202010802 Turkey Creek Date: June 05, 2019 Upper Barton Creek-Neuse 0 0.5 1 1.5 2 Mi Federal Endangered, Threatened, and Candidate Species Report of Findings October 23, 2019 Angier Avenue — +/- 20.3 Acres 4115 Anqier Avenue Durham, NC 27703 Prepared For: Cambridge Properties Attn: Nate Buhler 831 E. Morehead Street, Suite 245 Charlotte, NC 28202 Prepared By: (-7%TLM MRONMENTAL ATLAS Environmental, Inc. 338 S. Sharon Amity Road, Charlotte, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Page 48 of 94 October 23, 2019 1 Table of Contents 1 Introduction................................................................................................................................................5 1.1 Federal Status .....................................................................................................................................5 2 Methods.....................................................................................................................................................6 2.1 Information, Planning and Conservation System ...............................................................................6 2.2 NC Natural Heritage Program.............................................................................................................6 3 Results........................................................................................................................................................6 3.1 Information, Planning and Conservation System ...............................................................................6 3.2 NC Natural Heritage Program.............................................................................................................6 4 Findings.......................................................................................................................................................7 4.1 Michaux's Sumac (Endangered).........................................................................................................7 4.2 Smooth Coneflower (Endangered).....................................................................................................7 4.3 Neuse River Waterdog (Proposed Threatened).................................................................................7 4.4 Carolina Madtom (Proposed Endangered).........................................................................................8 5 Conclusions.................................................................................................................................................8 5.1 Summary .............................................................................................................................................8 5.2 Permitting...........................................................................................................................................8 5.3 Conclusion..........................................................................................................................................9 AppendixA.......................................................................................................................................................10 IPAC..................................................................................................................................................................10 Appendix8........................................................................................................................................................17 NHPReport .......................................................................................................................................................18 AppendixC........................................................................................................................................................22 Fish And Wildlife County Report ......................................................................................................................22 AppendixD.......................................................................................................................................................26 ResourceMaps.................................................................................................................................................26 AppendixE........................................................................................................................................................42 Photographs.....................................................................................................................................................42 AppendixF........................................................................................................................................................45 SpeciesConclusions Table................................................................................................................................45 ATLAS Environmental, Inc. 338 S. Sharon Amity Road, Charlotte, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) m .atlasenvlxom / Offices in Asheville and Charlotte Page 49 of 94 October 23, 2019 2 �1 V) A Species Conclusions Table Project Name. Angier Avenue Date: October 23, 2019 Speoes I Resource Name i Conclusion ESA Section 71 Eagle Act Detemdnation Notes I Documentation Neuse River Waterdog No Suitable Habitat No Effect Stream size not suitable Stream size not suitable Surveyed for during flowering period No occurrences of species Surveyed for during flowering period No occurrences of spades Carolina Madtom Michaux's Sumac Smooth Conellowewr No Suitable Habitat Suitable Habitat Species Not Present No Effect Not likely to adversely affect Suitable Habitat Spades Not Present Not likely to adversely, affect Acknowledgement I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Jennifer L Robertson, p U , President Signature /TiUe October 23, 2019 Date ATLAS Environmental, Inc. 338 S. Sharon Amity Road, Charlotte, North Carolina 28211; 704-512-1206 (m) / 828-712.9205 (m) w .atlasenvi.com / Offices in Asheville and Charlotte Page 51 of 94 October 23, 2019 4 Federally Listed Endangered, Threatened, and Candidate Species Introduction At your request, in June 2019 staff from Atlas Environmental, Inc. (Atlas) performed a pedestrian survey of the three Durham County Parcels (074902889993, 074902896314, 074902894359) at the Angier Avenue property to look for federally listed threatened, endangered, and candidate (TEC) species that could potentially occur on the property. Prior to the fieldwork, website records were searched for potential known locations of listed species that have been be mapped within a one -mile radius of the approximate center of this property. The Angier Avenue project is located in the Southeast Durham Quadrangle within Durham County, NC. 1.1 Federal Status This status is designated by the U.S. Fish and Wildlife Service (USFWS) and the U.S. National Marine Fisheries Service (NMFS) in accordance with the U.S. Endangered Species Act of 1973, as amended (ESA). Plants and plant varieties, (including fungi and lichens), animal species and subspecies, and vertebrate populations are considered for Endangered or Threatened status according to the criteria established under the ESA. Proposals and determinations to add taxa or populations to the Lists of Endangered and Threatened Wildlife and Plants are published in the Federal Register. Additionally, the USFWS and the NMFS periodically publish a Noticeof Review or Notice of Reclassification in the Federal Register that present an updated list of plant and animal taxa which are regarded as candidates or proposed for possible addition to the Lists of Endangered and Threatened Wildlife and Plants. Consult the Asheville or Raleigh Ecological Services Field offices for more information. An endangered species is a taxon "in danger of extinction throughout all or a significant portion of its range" (Endangered Species Act, Section 3). A threatened species is a taxon "likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range" (Endangered Species Act, Section 3). Candidate species are "Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet been issued because this action is precluded at present by other listing activity. Development and publication of proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as other affected parties to give consideration to these taxa in environmental planning." (Federal Register, February 28, 1996). Taxa formerly considered as'Category fare now considered as'Candidate'. A federal species of concern is a species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the future, and many of these species were formerly recognized as "C2" candidate species. "...The Service remains concerned about these species but further biological research and field study are needed to resolve the conservation status of these taxa. Many species of concern will be found not to warrant listing, either because they are not threatened or endangered or because they do not qualify as species under the definition in the [Endangered Species] Act. Others may be found to be in greater danger of extinction than some present candidate taxa. The Service is working with the States and other private and public interests to assess their need for protection under the Act. Such species are the pool from which future candidates for listing will be drawn." (Federal Register, February 28, 1996). ATLAS Environmental, Inc. 338 S. Sharon Amity Road, Charlotte, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atlasenvimm / Offices in Asheville and Charlotte October 23, 2019 page 52 of 94 2 Methods 2.1 Information, Planning and Conservation System A record search of the US FWS website was conducted to determine what species are known to occur within Durham County. The US FWS T&E for Durham county shows species that are known to or are believed to occur within the county boundary. The IPaC (Information, Planning, and Conservation System) which is a mapping tool was also used to generate a table of threatened, endangered, or candidate species, and/or designated critical habitat. Species on the IPaC list include species that may be affected by your project and could include species that exist in another geographic area. For example, certain fishes or clams may appear on the species list because a project could cause downstream effects on the species. 2.2 NC Natural Heritage Program The North Carolina Department of Environment and Natural Resources (NCDENR), North Carolina Natural Heritage Program (NCNHP) GIS database was searched to determine what species or rare natural communities (element occurrences) are known to occur within a one - mile radius of the approximate center of the project. A list of the rare, threatened, and endangered species and communities known to occur within the Southeast Durham quadrangle was generated for the field search and is included below from the NCNHP GIS database. This list indicates what species have been reported to the NCNHP as occurring in the state, each county, and within each quadrangle. These are not completed listings of what actually exists, as no complete survey of the state has ever been completed. Information contained in this report concerning the species presented and discussed therein came from reliable published sources, personal professional knowledge from the staff members that conducted the field surveys and interviews with the current property owners during the field surveys at the Angier Avenue project. 3 Results 3.1 Information, Planning and Conservation System Searches of the US FWS website (www.fws.gov/endangered, www.ecos.fws.gov/ioac) found two currently listed federally endangered flowering plants within Durham County that could occur on the property or be impacted downstream. These include: Michaux's Sumac (Rhus michauxii) and Smooth Coneflower (Echinacea /aevigata). No currently designated critical habitats were documented to exist within the review area. The search also identified two species (Carolina Madtom and the Neuse River Waterdog) which are listed as Proposed Endangered. 3.2 NC Natural Heritage Program A search of the NC website (www.ncnho.or(i/web/nho/database-search) found no elemental occurrences of currently listed federally threatened or endangered species within a one -mile radius of the review area. No natural areas were documented to exist within a one -mile radius of the review area. One managed area (Durham County Open Space) has been documented to exist within a one -mile radius of the review area. In summary there are currently two federally listed endangered flowering plant species documented to exist within Durham County and having the potential to occur or be affected by the project. There are also two federally proposed endangered species being: one fish, the Carolina Madtom, and one salamander, the Neuse River Waterdog. The survey conducted by Atlas staff included all these species to have the potential to occur or have the potential to be impacted downstream at the project. Maps were generated from NCDENR NCNHP's GIS database file and illustrate the approximate known locations of rare species or natural ATLAS Environmental, Inc. 338 S. Sharon Amity Road, Charlotte, North Carolina 28211; 704-512-1206 (m) / 828-712-920S (m) www.atlasenvi.com / Offices in Asheville and Charlotte October 23, 2019 age 53 of 94 communities (element occurrences) within a one -mile radius of the approximate center of the project. There are no federal endangered, threatened, or candidate species known to occur within one mile of the center of the project. 4 Findings The project location lies along the Northeast side of Angier Avenue in Durham and is bounded to the North by New Raleigh Highway/NC-70. The location generally slopes to the East with an approximate maximum elevation of 430 feet and minimum of 373. The project is with the Upper Neuse river basin and drains to Lick Creek near the intersection of Pollard Avenue and New Raleigh Highway. During the filed evaluation Atlas staff observed four abandoned buildings. Analysis of aerial imagery indicates two large portions of the property was cleared between April and September of 2013. The total area of the cleared portions of the property approximates 9.1 acres. Substantial soil compaction was evident from the logging/clearing. The property also contains a waterline easement along the Southeast property line. The entire property, and particularly areas of disturbance, including the cleared portions of the property, water line easement, and roadsides were thoroughly searched for the species discussed below. 4.1 Michaux's Sumac (Endangered) Michaux's sumac grows in sandy or rocky open woods on basic soils. The sumac survives best in areas where some form of disturbance has provided an open area. Suitable habitat includes highway rights -of way, roadsides, on the edges of artificially maintained clearings, or in areas with periodic fires. Winged Sumac was found to exist on the subject property however no Michaux's Sumac was observed to exist at the Project. The Angier Avenue project does contain suitable habitat for Michaux's Sumac. No occurrences of the species were observed to exist during the survey which was conducted during the flowering season of the plant. 4.2 Smooth Coneflower (Endangered) Smooth coneflower is a perennial herb in the Aster family (Asteraceae) that grows up to 3.3 feet (ft) (1 meter; m) tall from a vertical root stock. The large elliptical to broadly lanceolate basal leaves may reach 8 inches in length and 3 inches in width and taper into long petioles toward the base. They are smooth to slightly rough in texture. The stems are smooth, with few leaves. The mid -stem leaves are smaller than the basal leaves and have shorter petioles. Flower heads are usually solitary. The rays of the flowers (petal -like structures) are light pink to purplish in color, usually drooping, and 2 — 3.2 in (5 - 8 cm) long. Flowering occurs from late May through mid -July and fruits develop from late June to September. The fruiting structures often persist through the fall. Smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clear cuts, dry limestone bluffs, and power line rights -of -way, usually on magnesium and calcium rich soils associated with gabbro and diabase in NC. Optimal sites are characterized by abundant sunlight and little competition in the herbaceous layer. Many of the herbs associated with Smooth coneflower are also sun -loving species that depend on periodic disturbances to reduce the shade and competition of woody plants. Habitat does exist on the subject parcel for Smooth Cone flower. No occurrences of the species were observed to exist during the survey which was conducted during the flowering season of the plant. 4.3 Neuse River Waterdog (Proposed Threatened) The Neuse River waterdog (Necturus lewisi) is a permanently aquatic salamander. It can grow up to 11 inches long. It has a reddish -brown body with an irregular pattern of large blue or black ATLASEnvironmental, Inc. 338 S. Sharon Amity Road, Charlotte, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atiasenvi.cnm / Offices in Asheville and Charlotte October 23, 2019 gage 54 of 94 spots. The waterdog has a laterally compressed tail with the same coloration as the body; however, the belly is typically a dull brown or gray color with spots similar to those seen elsewhere on the body. Adult Neuse River Waterdogs have elongated heads with squared -off noses, cylindrical trunks, and tails that are laterally compressed and ridged. Three dark -red, bushy gills project from either side of the head and a dark line runs through the eye. The skin is smooth, slimy, and a light rusty brown color, with the belly being a paler brown or grayish. There are dark brown or blackish spots throughout the surface that are smaller on the underside. The limbs are rather small, and the front and hind feet have four toes each (unlike most salamanders, which have five toes on each back foot). The Neuse River waterdog specific habitat characteristics include low to moderate gradient streams and low current velocity. It is a fully aquatic salamander, never leaving the water. It lacks lungs, getting oxygen from the water via external gills and needs clean, flowing water with high dissolved oxygen concentrations. The species dwells in streams wider than 15 meters but has been found in smaller creeks. The Angier Avenue project does not have suitable habitat for the Neuse River Waterdog. The proposed development will have no effect on the salamander. 4.4 Carolina Madtom (Proposed Endangered) The Carolina Madtom is a small freshwater catfish that can reach a maximum length of approximately 5 inches. The fish has a relatively short and chunky body with a distinct color pattern. The pattern includes three dark saddles along its back and a dark spot on the adipose fin that gives the appearance of a fourth saddle. The underbelly is speckled in color and the tail contains crescent shaped bands near its edge and center. The species occurs in riffles, runs, and pools in medium to large streams and rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate gradient in both the Piedmont and Coastal Plain physiographic regions. Optimal substrate for the Carolina madtom is predominantly silt -free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells, and even cans and bottles. The Angier Avenue project does not have suitable habitat for the Carolina Madtom. The proposed development will have no effect on the fish. 5 Conclusions 5.1 Summary All federally listed candidate, endangered, and threatened species (Smooth Coneflower and Michaux's Sumac) were surveyed for at the Project. None of these species were observed and the Project should not have a negative effect on any of these species. 5.2 Permitting If impacts to regulated waters or wetlands are required to develop the property, Condition 18 of Nationwide Permit 29 is applicable as follows: 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. A TLAS Environmental, Inc. 338 S. Sharon Amity Road, Charlotte, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) ;t-senvi com / Offices in Asheville and Charlotte October 23, 2019 age 55 of 94 5.3 Conclusion This concludes our Angier Avenue project review and report of findings for federal threatened, endangered, and candidate species. We appreciate the opportunity to provide these services. Please feel free to call with questions or comments. Jennifer L Robertson President ATLAS Environmental, Inc. 338 S. Sharon Amity Road, Charlotte, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte October 23, 2019 $ape 56 of 94 Appendix A I PAC Page 57 of 94 P,kt,Nl or shF it Y United States Department of the Interior $ FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636.3726 Phone: (919) 856-4520 Fax: (919) 8564556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-0093 Event Code: 04EN2000-2020•E-00234 Project Name: Angier Avenue October 23, 2019 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-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 ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or Page 58 of 94 10/2312019 Event Code: 04EN2000-2020-E-00234 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gav/windenergy/ eagle—guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.govtwindenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/Current]3irdlssues/Hazards/towers/towers.htm; hap:// www.towerkill.com; and htto://www.fws.p.ov/mieratorvbirds/CurrentBirdlssues/Hazards/towers/ comtow.html Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shormose sturgeon, sea turdes,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn_ellis@fws.gov. Page 59 of 94 10/23/2019 Event Code: 04EN2000-2020-E-00234 Attachments): ■ Official Species List Page 60 of 94 10/2312019 Event Code: 04EN2000-2020-E-00234 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 Page 61 of 94 10/2312019 Event Cade: 04EN2000-2020-E-00234 Project Summary Consultation Code: 04EN2000-2020-SLI-0093 Event Code: 04EN2000-2020-E-00234 Project Name: Angier Avenue Project Type: DEVELOPMENT Project Description: Residential Development Project Location: Approximate location of the project can be viewed in Google Maps: t :// www.eoople.com/map&lglace/35,94511404315B284N78,83444342744394 W 0 Bethesda Counties: Durham, NC Page 62 of 94 10/2312019 Event Code: 04EN2000-2020-E-00234 Endangered Species Act Species There is a total of 4 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 ofrice'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. Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: httos://ecosfws,ggv/ecp/s i d677 Fishes NAME STATUS Carolina Madtom Noturus juriosus Proposed There Is prepeeed critical habitat for this species. Your location is outside the critical habitat. Endangered Species profile: httns://ecos.fws.gov/ecpLspecies/528 Flowering Plants NAME STATUS Miehaux's Sumac Rhus michouxii Endangered No critical habitat has been designated for this species. Species profile: httnsa/ecos fws aoy/ecp/sorries/5217 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: hops://ecos.fws.gov/ecp/species/3473 Page 63 of 94 10/23/2019 Event Code: 04EN2000-2020-E-00234 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S JURISDICTION. Appendix B Page 64 of 94 NHP Report Page 65 of 94 • urr ia,; n„n•v. Governor NC DEPARTMENT OF r i Suss Hamilton . Secretary w:h NATURAL AND CULTURAL RESOURCES Walter Clark. Director, Land and Water Stewardship NCNHDE-10548 October 23.2019 Jennifer Robertson Atlas Environmental, Inc. 338 S. Sharon Amity Road Charlotte. NC 28211 RE: Angier Avenue; 20191023 Dear Jennifer Robertson: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species. important natural communities, natural areas. and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists, Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any. are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area. the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httnr//www.fws nnv/nffirns/Dirartorv/I istOffirocrfm7Staternne=.4z Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP. and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve. Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rndnavhLdlwrfdnrdrronv or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES h. Orc .. . • FA. Page 66 of 94 Natural Heritage Element Occurrences. Natural Areas. and Managed Areas Within a One -mile Radius of the Proect Area Angier Avenue Project No. 20191023 October 23, 2019 NCNHOE-10548 No Element Occurrences are Documented Within a One mile Radius of the Protect Area No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project At" Durham County Open Space DuritYn County: multiple local government Local 0cvamment UNinitiunt dntl do l�pl&1BIIOn. M..oeh"r'..enb[pbe Gn...., Is, [UIe fOWCI..0 .USJW IUH. %eau riuutnit yerviNwmMim request If more then one year Henn befpe prp t,n4iahon n new intvmMlot^s CMIinu iv a'Jaeo to the WNHP database. Page 2 of 3 Page 67 of 94 NCNHDE-10548: Angier Avenue e6m. i ^ r n a S October 23. 2019 ❑ Project Boundary El Buffered Project Boundary Q Managed Area (MAREA) w Page 3 of 3 m m 0 0 w A 122.42E 0 oe26 on 07. 0 03 06 12" brta En �fH fi..., nwi+T ..u�r�. .e4 GESO VSC.S Appendix C Fish And Wildlife County Report Page 69 of 94 Durham County Endangered Species, Threatened Spccics,Federal Species of Concern, an... Page I of 3 Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Durham County, North Carolina t"�I�mara!�'srf�t.•�� Updated: 10-05-201 it Common Name scientific name Federal Record Status Status Vertebrate: RAW raulr Rahapahne lm,rnraphaluc RCMA Current Carolina madtom Ranee by Noturusfuriosus ARS Current BASIII Neuse River waterdog Ranee Necturus lewisi ARS Current by in Invertebrate: Atlantic pigtoe Range by Basin Fusconaia masoni ARS Current Dwarf wedeemusselltanae by Alasmidonia heterodon E Current basin Green floater Lasmigona subWridis ARS Current Septima's clubtail Gomphus septima ARS Historic Vascular Plant: Michaux's sumac Rhus michauxii E Current Smooth coneflower Echinacea laevigata E Current Nonvascular Plant: Lichen: Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information https://www.fws.gov/mleigh/spccies/cntylisttdurham.htmi 2/6/2019 Page 70 of 94 Durham County Endangered Species, Threatened Species Federal Species of Concern, an... Page 2 of 3 to support listing. (Formerly "C V candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species; although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting species proposed for listing. FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or TT", respectively. Bald and Golden Eagle Protection Act (BGPA): In the July 9.2007 Federal Register( 72:37346-37372). the bald eagle was declared recovered, and removed (de -listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. Aller delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFW S has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit ht(p://www.fws.gov/mikutorybirds/baldea2le.htm Threatened due to similarity of appearance(T(S/AN: In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T (S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. https://www.fws.gov/ralcigh/spccics/cutylist(durham.htrnl 2/6/2019 Page 71 of 94 Durham County ]Endangered Species, Threatened Species,Fedeml Species of Concern, an... Page 3 of 3 Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. https://www.fws.gov/ralcigh/species/Cntylist/durham.html 2/6/2019 Page 72 of 94 Appendix D Resource Maps Page 73 of 94 d V A O_ A USGS Topographic Map +r i{ ' 4f, i 1r r� Legend T� Durham Co. Parcels o Streets CD Review Area USGS Topo L / / 0 100 200 300 400 ft Project Name: Angier Avenue ^ n Location: 4115 Angier Avenue, Durham NC, 27703 1RONMENTAL For: Cambridge Properties Attn: Nate 8uhler Coordinates: 35.94497,-78.83457 Date: June 05, 2019 ('� Project Name: Angier Avenue ,� \ Location: 4115 Angier Avenue, Durham NC, 27703 'IRONMENTAL For: Cambridge Properties Attn: Nate Buhler v — m Coordinates: 35.94497,-78.83457 Date: June 05, 2019 V O_ r0 A Sal Map —Durham County Na Carolina qP R aSR MIT "Im ee4o OeM eeM :eY® tiBiC 14p Sa!' I'3>IOepeRem��� 11-a eS)� N o n m ,® INm Natural Roouross Web Soil Survey A a iNO Consanrallon Sanrka Nalb al Cooperative Soil Survey a We an an en MdpP�'r. VkL Nb¢Iv CmemvOxRs. NRSaI fege YS. UIM lLl1JNKVFN Project Name. Angler Avenue (' Location: 4115 Angier Avenue, Durham NC, 27703 'RON�M✓EN�TA✓L For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.53852,-80.62657 1 Date: June 05, 2019 MAP LEGEND MAP INFORMATION Area a lm..t (AN) zg Spoil Area The sod surveys that comprise your AD] ware mapped at A¢a of Interest JA01) 1:15,8110. _._ a Stony Spot Solis '��= very stony Spot Warning: SON Map may not be valid of this scab. Sot Map bon Poygms Wei SKI Enlargement of maps beyond the scale of mapping can cause .a Sal Map Unit Lines misunderstanding of the detail of mapping and accuracy of sail q�r line placement. The maps do not show the small areas of Sal Map UrYI Points_ contrasgng sills that Could have been shown at a more detailed speed Point Faaturoa Spacal Lan, Features stale. v 6lceoe Water Features Streams and Canals Please rely on the bar scale on each map sheet for map ® sonw Rt measuremama. Tromportatl %X Gayer ... Re Raas Source of Map: Natural Resources Conservation Service . Closed Oepressun Web Soil Survey URL: ay Intorstale 11,, v ys Coordinate System: Web Mercator (EPSG3857) �[ Gravel ft US Routes Maps from he Web Soil Survey are based on the Web Mercator Gravelly Spa Melor Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the LardM Local Roads Albers eeualan a conic projection. should be used d more Lava Flow accurate calculations of distance or area are required. Background 416 Marsh or swamp . Aerial Photography This product Is generated from the USDA-NRCS certified data as of the version dabs) listed below. •A' Atone or Guam SOYSurvey Area: Wnn County, North Carolina s nicepaneous W.W.® on 22. Sap 0018 Survey Area Dab: Version 1. 2 O Perennial Walor Sod map units are labeled (as space slows) for map scales Rock outcrop 1:50.000 or larger. ,+, saline Spot Cater(s) aerial images were photographed Apr 27, 2014---May 6,2014 Sandy Spot The onMyeto or other base map on which the sail lines were _. Sevnaty Eroded Spot compiled and digitized probably differs from the background imagery displayed on these maps. As a result. some minor S�nktlob shifting of map unit boundaries may be evident. Skde or Slip Sod. Spill Project Name: Angier Avenue f s1 MAL Location: 4115 Angier Avenue, Durham NC, 27703 ENVIRONMFor: Cambridge Properties Attn: Nate Buhler Coordinates: 35.53852,-80.62657 Date: June 05, 2019 m 0 A Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CrC Cmedmoor sandy loam, 6 to 10 percent slopes 0.0 0.1% Wn Wehadkee sit loam. 0 to 2 pement slopes. frequently flooded 1.5 7.6% W56 Waite Store sandy loam. 2 to 6 percent slopes 6.7 33 e% W sC White Store sandy loam, fi to 10 percent sbpas 11.8 59.0% Touts for Area of Interest 20.0 t00.0% -,q"AIRONMENTAL Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.53852,-80.62657 1 Date: June 05, 2019 Durham County Soil Survey, 1976: Map Sheet # 32 Project Name: Angier Avenue Location: 4115 Angier Avenue, Durham NC, 27703 IRONMENTAL For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.53852,-80.62657 1Date: June 05, 2019 .. „/ , _ _ \ 1•a\fie" - ,tip — �� ��e�torcR o N�yIA1-Et'*- \ 1 {{jffµ • OCT IN REFERENCE LAYERS r' m oo pev SPECK FLOW HAZARD ARM OTHER ARM OF ROOD HAZARD Nk Sip tin�,e( a/ t.• Bethesda CRDUSECTIOMSABFES 6 t, tj Daft �Wevq4im SUPPORTING INFORktATM r � O t � a Digital Elevation Model l "I ,Legend i= Review Area Streets Durham Co. Parcels LiDAR (ft) 370 = 385 F—� 400 C 415 0 100 200 300 400 R iJ 430 � (� Project Name: Angier Avenue /. ' Q Location: 4115 Angier Avenue, Durham NC, 27703 rrr7�� 1 Lam✓ M§ For: Cambridge Properties Attn: Nate Buhler 35.94497,-78.83457 1 Date: June 05, 2019 w m m A O_ A w m m N O_ b A m 0 P Potential Wetland WL 1300. - 0.009 Ac Legend = Review Area Durham Co. Parcels Contours_2 Ft Delineation Intermittent OHWM Perennial OHWM Potential Non Wetland CH 2O0, ^ 51 LF Resource Sketch Potential Wetland WL 1200, - 0.057 Ac Potential Non Wetland CH 100 cont., - 223 LF Potential Wetland WL 2000, - 0.002 Ac TTT111 !� Project Name: Angier Avenue 1 1 \ Location: 4115 Angier Avenue, Durham NC, 27703 RDNIvNTAL For: Cambridge Properties Attn: Nate Buhler o.�o A of 4 Detail 2 Coordinates: 35.94497,-78.83457 Date: June 19, 2019 Updated: Sept. 03, 2019 Ft Aquatic Resource Sketch Map Potential Wetland WL 3000, - 0.036 Ac �PQ Legend 191 s Review Area Streets Durham Co. Parcels Contours_2 Ft Delineation Intermittent OHWM Perennial OHWM 0 25 50 75 100 Ft Wetland Boundary Project Name: Angier Avenue (1 a ` Location: 4115 Angier Avenue, Durham NC, 27703 1RONNIENTAL For: Cambridge Properties Attn: Nate Buhler Coordinates: 35.94497,-78.83457 Date: June 19, 2019 Updated: Sept. 03. 2019 Pacie 5 of 5 Detail 3 Appendix E Photographs Page 89 of 94 NAP I-j I Y4• At -1 - ----7 Eastern Boundary near Lick Creek Northern Cleared Area Page 91 of 94 Appendix F Species Conclusions Table Page 92 of 94 Species Conclusions Table Project Name: Angier Avenue Date: Oaober 23, 2019 Species I Resource Name Conclusion ESA Section 7 / Eagle Ad Determination Notes / Documentation Neuse River Waterdog No Suitable Habitat No Effect Stream size not suitable Carolina Madtom No Suitable Habitat No Effect Stream size not suitable Surveyed for during flowering period No occurrences of species Surveyed for during flowering period 11I No occurrences of species Michaux's Sumac Suitable Habitat Species Not Present Not likely to adversely affect Smooth Coneflowewr Suitable Habitat Species Not Present Not likely to adversely affect AdmoWedgertient I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Jennifer L Robertson, X, President Signature iTitle October 23, 2019 Date fires EBX Buffer Mitigation Banks Statement of Availability December 17, 2019 NC Division of Water Resources Stephanie Goss 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Angier Avenue This document confirms that Cambridge -Angier, LLC (Applicant) for the Angier Avenue (Project) has expressed an interest to utilize 4,605.00 Square Feet of Riparian Buffer Mitigation Credits from one of the following banks, EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Specific bank sites that may be debited are Arrington Bridge I, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek and Polecat, all located in RUC 03020201. As the official Bank Sponsor, EBX-Neuse 1, LLC and EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1075 or cparker(a),res.us if you have any questions Best, Caitlan B. Parker Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Bank Sponsor — EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX) Page 94 of 94