HomeMy WebLinkAbout20200826 Ver 1_ePCN Application_20201124DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20200826
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
1a. Name of project:
Project Green
1a. Who is the Primary Contact?*
Brandon Fulton
1b. Primary Contact Email:*
bfulton@ecslimited.com
Date Submitted
11/24/2020
Nearest Body of Water
Northeast Creek
Basin
Cape Fear
Water Classification
WS-V-NSW
Site Coordinates
Latitude: Longitude:
35.936397-78.869901
Pre -Filing Meeting Information
ID#
20200826
Pre -fling Meeting or Request Date*
10/20/2020
Attach documentation of Pre -Filing Meeting Request here:*
20200826 Ver 2—Meeting Request Review 20201020.htm
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\sagoss
1c. Primary Contact Phone:*
(704)525-5152
Version
2
3.35KB
A. Processing Information C^U
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
la. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
33 - Temporary Construction
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Parmer Woodlands, LLC
2b. Deed book and page no.:
2c. Responsible party:
2d.Address
*
r Yes r No
r Yes r No
Street Address
11755 Wilshire Boulevard, Suite 1400
Address Line 2
City
Los Angeles
Postal / Zip Code
900252
2e. Telephone Number:
(310)429-7585
2g. Email Address:*
bart@karlinre.com
3. Applicant Information (if different from owner)
3a. Name:
Jon Zuk
3b. Business Name:
ARCO Design Build
3c.Address
Street Address
200 North Warner Road, Suite 430
Address Line 2
CiH
King of Prussia
Postal / Zip Code
19409
3d. Telephone Number:
(610)952-7247
3f. Email Address:*
jzuk@arcodb.com
4. Agent/Consultant (if applicable)
4a. Name:
Brandon Fulton
4b. Business Name:
ECS Southeast, LLP
4c.Address
Street Address
1812 Center Park Drive
Address Line 2
City
Charlotte
Postal / Zip Cade
28217
4d. Telephone Number:
(704)525-5152
4f. Email Address:*
Bfulton@ecslimited.com
Agent Authorization Letter*
3 - USACE Wetland Agent Authorization - Cornwallis 12.20.19.pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Charlotte
2. Project Identification
State / Rwince / Rion
California
Country
USA
2f. Fax Number:
Slate / Rwince / Region
Pennsylvania
Country usa
3e. Fax Number:
State / Rwince / Rion
North Carolina
Country
usa
4e. Fax Number:
76.9KB
2a. Property Identification Number:
157256,157088
2b. Property size:
60
2c. Project Address
Street Address
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Northeast Creek
3b. Water Resources Classification of nearest receiving water:*
WS-V-NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020605
4. Project Description and History
State / Rovince / region
Country
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Primarily heavily wooded land consisting of mature and immature pine trees. The surrounding land use comprises wooded land, and residential and commercial areas.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
4f. List the total estimated acreage of all existing wetlands on the property:
1.94
4g. List the total estimated linear feet of all existing streams on the property:
993
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a road to connect Cornwallis Road to a proposed pharmaceutical facility development.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed commercial facility will be a 100+ acre research and development site for a pharmaceutical company. The development involves the construction of multiple facilities that
specialize in producing syringes associated with the COVID-19 vaccine. The proposed plans consist of 910,000+/- square feet of new buildings, associated parking, landscaping, and
stormwater facilities.
The project proposes to install 147 linear feet of 60-ich diameter culvert into a stream in order to construct a road to access the commercial facility. The road crossing will be
constructed via standard construction procedures. The site falls within the Jordan Lake Watershed and is zoned SRP and located within the Suburban Development Tier; therefore,
minimal buffer impacts Will be required. The construction of the road at 2501 Cornwallis Road will maintain independent utility and the buffer impacts will be permitted through the City of
Durham.
The road crossing will be constructed via standard construction procedures. Proper erosion and sediment control measures would be utilized and maintained throughout the project.
Typical materials and machinery will be used on -site during the construction process.
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-00232
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jonathan Grubb
Agency/Consultant Company: ECS Southeast, LLP
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
February 4, 2020
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries W Buffers
r Open Waters r Pond Construction
3. Stream Impacts
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * �3f. Type of ]3g.S.width* 3h. Impact
(?) Jurisdiction* length*
S1
Road Construction Permanent Culvert UT to Northeast Creek Intermittent Corps
6 147 p Average (feet) (lirearfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
31. Total temporary stream impacts:
147
0
3i. Total stream and ditch impacts:
147
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
r Neuse
r Tar -Pamlico
r Catawba
r Randleman
r Goose Creek
I7 Jordan Lake
r Other
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact
Road Construction
P
Ur to Northeast Creek
No
10,890
8,668
6h. Total buffer impacts:
Zone 1
Total Temporary impacts: 0.00
Zone 1
Total Permanent impacts: 10,890.00
Zone 1
Total combined buffer impacts: 10,890.00
6i. Comments:
Zone 2
0.00
Zone 2
8,668.00
Zone 2
8,668.00
Supporting Documentation
E. Impact Justification and Mitigation u
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The development plan proposes 147 feet of permanent impacts to a jurisdictional stream, and approbmately 0.45 of buffer impact. Buffer impacts are
in accordance with the Jordan Buffer Rules Table of Uses allowable activities and are 20 feet in width per crossing. Stream impacts include the
installation of a 60-inch culvert. Since stream impacts will be less than 150 feet and the crossing will include minimal impact to riparian buffers, no
mitigation is proposed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Disturbance of the stream shall be minimized to the a)dent practicable in order to construct the road. The construction techniques shall be conducted
in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process.
Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion,
sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is
established.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes
r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Stream impacts less than 150 linear feet
F. Stormwater Management and Diffuse Flow Plan (required by DWR) U
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes
r WA - project disturbs < 1 acre
3. Stormwater Requirements
r No
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
r Stormwater Management r Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
G. Supplementary Information u
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Site recon, NCNHP. Letters sent to Raleigh USFWS for concurrence. See appendices for NCNHP concurrence. As of the date of this submittal, a
response from USFWS has not been received
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Website
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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO GIS. Request for concurrence sent to SHPO on June 11, 2020.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood firms
Miscellaneous
Comments
Combined PDF of full application is attached
Miscellaneous attachments not previously requested.
Cornwallis Road Site Permit Application.pdf 10.21 MB
Signature
*
W By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Ron Johnson
Signature
Date
11/24/2020
U
ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities
Agent Authorization
Property/Site: 1"AIz-rM.E,z MnbL.Ar#.)b5 _ L LC_
IF
Address of Site: 1570 1 F s- Cw
u9- 209
Parcel Identification Number (PIN): 57c>8g IT70 „
Owner Information:
Name: 'PX(L , _ LLC
Address:
00
OS k#3&rt_rr_S CA Ot OOZ5-
Telephone Number- D — y
Fax Number:
E-mail Address: iZ - N9-LTlA lZ . CoAA
Property Owner Certification:
NC Registered Engineering Firm F4U73
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish
supplemental information in support of this request, including stream/wetland matters in
coordination with the USACE an4 th-qC*R field ver'�jc anion and permit application:
Property Owner Signature:
Date:
i2/mil �� J
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC - ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com
Preliminary ORM Data Entry Fields for New Actions
ACTION ID 9: SAW- SAW-2020-00232* Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Project Green (2501 East Cornwallis Road)
2. Work Type: ❑Private ❑Institutional ❑Government ❑✓ Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
The proposed commercial facility will be a 100+ acre research and development site for a pharmaceutical company. The development
involves the construction of multiple facilities that specialize in producing syringes associated with the COVID-19 vaccine. The
proposed plans consist of 910,000+/- square feet of new buildings, associated parking, landscaping, and stormwater facilities.
The project proposes to install 147 linear feet of 60-ich diameter culvert into a stream in order to construct a road to access the
commercial facility.
4. Property Owner / Applicant [PCN Form A3 or A4]: Parmer Woodlands, LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Mr. Brandon Fulton, ECS Southeast, LLP
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
2501 Cornwallis Road, Durham, North Carolina
8. Project Location —Tax Parcel ID [PCN Form Bla]: 157256, 157088
9. Project Location — County [PCN Form A2b]: Durham
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Durham
11. Project Information —Nearest Waterbody [PCN Form 132a]: Northeast creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: cape Fear 03030002
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit 9 39
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602
ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical - Construction Materials - Environmental - Facilities NC Registered Fzngineenng Firm F•1078
NC Registered Geologists Firm C-406
SC Registered Engmeenng Firm 3239
November 19, 2020
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554-4884, Ext. 35
Reference: Pre -Construction Notification Application
Request for Nationwide Permit 39 (Commercial and Institutional
& Water Quality Certification No. 4139
Project Green (SAW-2020-00232)
2501 Cornwallis Road
Durham, Durham County, North Carolina
ECS Project No.: 49: 10603
Dear Mr. Hopper,
Developments)
On behalf of Parmer Woodlands, LLC, ECS Southeast, LLP (ECS) is submitting this
Preconstruction Notification for authorization under Nationwide Permit (NWP) 39 to construct a
road at 2501 Cornwallis Road in Durham County, North Carolina. The purpose of the road is to
connect Cornwallis Road to a proposed commercial development that will contain research and
logistics services for a pharmaceutical company.
According to the Durham County Online GIS website, the site is identified as portions of Durham
County Parcel Identification Numbers (PINs) 0739-04-8-7648, 0739-62-13-1887. The Project
Green site consists of approximately 60 acres and is owned by Parmer Woodlands, LLC.
ECS conducted a site visit with Mr. Chris Hopper and Ms. Samantha Dailey, with the U.S. Army
Corps of Engineers (USACE) on February 4, 2020. In an email dated February 28, 2020, the
USACE concurred with the approximate boundaries of the waters as shown on the enclosed
delineation maps in the appendices. The jurisdictional determination was submitted as a
combined package that included another separate utility project at a nearby location. Based on
conversations with USACE, it was determined that a new SAW number would be generated for
this project.
Project Description
The proposed commercial facility will be a 100+ acre research and development site for a
pharmaceutical company. The development involves the construction of multiple facilities that
specialize in producing syringes associated with the COVID-19 vaccine. The proposed plans
consist of 910,000+/- square feet of new buildings, associated parking, landscaping, and
stormwater facilities.
The project proposes to install 147 linear feet of 60-ich diameter culvert into a stream in order to
construct a road to access the commercial facility. The road crossing will be constructed via
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLG • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com
standard construction procedures. The site falls within the Jordan Lake Watershed and is zoned
SRP and located within the Suburban Development Tier; therefore, minimal buffer impacts will
be required. The construction of the road at 2501 Cornwallis Road will maintain
independent utility and therefore is being permitted as a separate independent project.
Buffer impacts will be permitted through the City of Durham. Depending on market conditions
and the progression of the COVID-19 virus, additional facilities may be required to the north of
this facility in the future. Expansion to the north would likely require additional road crossings
along the extension, however at this time no specific plans are in place.
Impacts & Mitigation
The development plan proposes 147 feet of permanent impacts to a jurisdictional stream, and
approximately 0.45 acre of buffer impact. Buffer impacts are in accordance with the Jordan
Buffer Rules Table of Uses allowable activities and are 20 feet in width per crossing. Stream
impacts include the installation of a 60-inch culvert. Since stream impacts will be less than 150
feet and the crossing will include minimal impact to riparian buffers, no mitigation is proposed.
Avoidance and minimization of waters was performed to the greatest extent possible with
respect to the waters on -site, and the necessary path of the electrical line to connect to the
proposed facility.
Conclusion
ECS respectfully requests the verification of the use of NWP 39 to authorize 147 feet of
permanent impact to jurisdictional streams and approximately 0.45 acre of buffer impact. The
attached permit application, project information, and associated attachments provide details
pertaining to the proposed project impacts.
ECS looks forward to your attention to this request. Please contact Jonathan Grubb at (919)
414-0214/jgrubb(a�ecslimited.com or Brandon Fulton at (704) 409-7744/
bfulton(a)ecslimited.com with questions or if additional information is required.
Sincerely,
Jonathan Grubb
Environmental Staff Project Manager
jgrubb(a)-ecslimited.com
919-414-0214
W. Brandon Fulton, LSS, PSC, PWS
Environmental Principal
bfulton(a)-ecslimited.com
704.409.7744
Attachments: Preliminary ORM Form
Signed Owner Agent Authorization
Pre -Construction Notification Application
Appendices
Impact Exhibits
SAW Concurrence Email
Verified Waters Map
Durham County Parcel Info
SHPO GIS Results
NHP Response Letter
2
ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities
Agent Authorization
Property/Site: 1"AIz-rM.E,z MnbL.Ar#.)b5 _ L LC_
IF
Address of Site: 1570 1 F s- Cw
u9- 209
Parcel Identification Number (PIN): 57c>8g IT70 „
Owner Information:
Name: 'PX(L , _ LLC
Address:
00
OS k#3&rt_rr_S CA Ot OOZ5-
Telephone Number- D — y
Fax Number:
E-mail Address: iZ - N9-LTlA lZ . CoAA
Property Owner Certification:
NC Registered Engineering Firm F4U73
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish
supplemental information in support of this request, including stream/wetland matters in
coordination with the USACE an4 th-qC*R field ver'�jc anion and permit application:
Property Owner Signature:
Date:
i2/mil �� J
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC - ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com
w A f
A.W�4i'
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:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X 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 ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Project Green
2b.
County:
Durham
2c.
Nearest municipality / town:
Durham
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Parmer Woodlands, LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
11755 Wilshire Boulevard, Suite 1400
3e.
City, state, zip:
Los Angeles, California, 90025
3f.
Telephone no.:
310-429-7585
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑X Other, specify: Developer
4b.
Name:
Jon Zuck
4c.
Business name
(if applicable):
ARCO Design/Build
4d.
Street address:
200 North Warner Road, Suite 430
4e.
City, state, zip:
King of Prussia, PA 19409
4f.
Telephone no.:
610-952-7247
4g.
Fax no.:
4h.
Email address:
jzuk@arcodb.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Brandon Fulton, LSS, PWS
5b.
Business name
(if applicable):
Engineering Consulting Services Southeast, LLC
5c.
Street address:
1812 Center Park Drive
5d.
City, state, zip:
Charlotte, NC 28217
5e.
Telephone no.:
704-525-5152
5f.
Fax no.:
5g.
Email address:
bfulton@ecslimited.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
157256, 157088
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.936397 Longitude:-78.869901
1 c.
Property size:
100 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Northeast Creek
2b.
Water Quality Classification of nearest receiving water:
WS-V-NSW
2c.
River basin:
Cape Fear
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:
Primarily heavily wooded land consisting of mature and immature pine trees. The surrounding land use comprises wooded land, and residential and
commercial areas.
3b.
List the total estimated acreage of all existing wetlands on the property: 1.94
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 993
3d. Explain the purpose of the proposed project:
See appendices
3e. Describe the overall project in detail, including the type of equipment to be used:
See appendices
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Jonathan Grubb
Agency/Consultant Company: ECS Southeast, LLP
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
February 4, 2020
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑X 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
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
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)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT to Northeast Creek
PER
Corps
147
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
147
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
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 indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the 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:
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:
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 require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1 P
Road Construction
UT to Northeast Creek
No
10,890
8,668
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
10,890
8,668
6i. Comments:
Page 5 of 10
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
see appendices
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
see appendices
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
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):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
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.
Page 6 of 10
PCN Form — Version 1.4 January 2009
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
❑ Yes ❑X No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
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).
6h. Comments:
Page 7 of 10
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
within one of the NC Riparian Buffer Protection Rules?
❑X Yes ❑ No
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
35 %
2b.
Does this project require a Stormwater Management Plan?
❑X 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:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
3b.
Which of the following locally -implemented stormwater management programs
apply (check all that apply):
❑X Phase II
0 NSW
❑ USMP
0 Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑Yes ❑X No
4.
DWQ Stormwater Program Review
4a.
Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
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
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 0 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 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes 0 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 0 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.
Page 9 of 10
PCN Form — Version 1.4 January 2009
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 ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X 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?
Site recon, NCNHP. Letters sent to Raleigh USFWS for concurrence. See appendices for NCNHP concurrence. As of the date of this submittal, a
response from USFWS has not been received.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 ❑X 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?
NC SHPO GIS. Request for concurrence sent to SHPO on June 11, 2020.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Firms
"
Brandon Fulton
U
11/19/2020
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
Supplemental Information and
Agency Correspondence
ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
Appendices:
B. Project Information and Prior Project History
1a. Property identification no. (tax PIN or Parcel ID):
157256, 157089
3d. Explain the purpose of the project:
The purpose of the project is to construct a road to connect Cornwallis Road to a proposed
pharmaceutical facility development.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed commercial facility will be a
pharmaceutical company. The development
specialize in producing syringes associated
consist of 910,000+/- square feet of new
stormwater facilities.
100+ acre research and development site for a
involves the construction of multiple facilities that
with the COVID-19 vaccine. The proposed plans
buildings, associated parking, landscaping, and
The project proposes to install 147 linear feet of 60-ich diameter culvert into a stream in order to
construct a road to access the commercial facility. The road crossing will be constructed via
standard construction procedures. The site falls within the Jordan Lake Watershed and is zoned
SRP and located within the Suburban Development Tier; therefore, minimal buffer impacts will
be required. The construction of the road at 2501 Cornwallis Road will maintain independent
utility and the buffer impacts will be permitted through the City of Durham.
The road crossing will be constructed via standard construction procedures. Proper erosion and
sediment control measures would be utilized and maintained throughout the project. Typical
materials and machinery will be used on -site during the construction process.
D. Impact Justification and Mitigation
la. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project:
The development plan proposes 147 feet of permanent impacts to a jurisdictional stream, and
approximately 0.45 of buffer impact. Buffer impacts are in accordance with the Jordan Buffer
Rules Table of Uses allowable activities and are 20 feet in width per crossing. Stream impacts
include the installation of a 60-inch culvert. Since stream impacts will be less than 150 feet and
the crossing will include minimal impact to riparian buffers, no mitigation is proposed.
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques:
Disturbance of the stream shall be minimized to the extent practicable in order to construct the
road. The construction techniques shall be conducted in accordance with NCDENR standards.
Temporary and additional erosion control measures shall be maintained throughout the
construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment
and erosion control during roadway development activities. Temporary erosion, sedimentation,
and pollution controls will be installed prior to and maintained during the entire construction
duration and until final stabilization is established.
F. Supplementary Information
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
Engineering Consulting Services Southeast, LLC (ECS) performed an assessment for
endangered species and critical habitat at the project location. The study area consists primarily
undisturbed woodlands, with minimal impervious and grass areas. The wooded land consists of
mature and immature pine and hardwood species, ranging from approximately 10 to 100 years
old. Open understory to moderately dense vegetation is located throughout the wooded land.
The site reconnaissance was performed on May 27th, 2020. A letter was sent to the U.S. Fish
and Wildlife Service Asheville Field Office on June 11, 2020 to obtain concurrence of our
findings. As of the date of this submittal, a response has not been received. The response will
be provided once received.
Common Name
Scientific name
Federal Status
Record Status
Vertebrate
Bald Eagle
Haliaeetus leucocephalus
BGPA
Current
Invertebrate
Dwarf wedgemussel
Alasmidonta heterodon
E
Current
Vascular Plant
Michaux's sumac
Rhus michauxii
E
Current
Smooth coneflower
Echinacea laevigata
E
Current
E = Endangered
T(S/A) = Threatened due to similarity of appearance
2
Species/Habitat Description
Vertebrate:
Bald Eagle Survey Window: Year-round
Description: Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan up to 8 feet. Male eagles are
smaller, weighing as much as 10 pounds and have a wingspan of 6 feet. Sometimes confused
with Golden Eagles, Bald Eagles are mostly dark brown until they are four to five years old and
acquire their characteristic coloring.
Habitat: Bald eagles live near rivers, lakes, and marshes where they can find fish, their staple
food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals
and carrion. Bald eagles require a good food base, perching areas, and nesting sites. Their
habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the
birds congregate near open water in tall trees for spotting prey and night roosts for sheltering.
Conclusion: The study area consists primarily undisturbed woodlands, with minimal impervious
and grass areas. Large bodies of water and a steady food support are not present within the
study area. Based on the site reconnaissance and observations, suitable habitat for the bald
eagle is not present within the study area or in the surrounding area. No individuals, or nests
were observed during the site reconnaissance. Since the study area is a fair distance from a
large enough body of water, ECS has concluded that the development will have no effect on the
bald eagle.
Invertebrate:
Dwarf Wedgemussel Survey Window: Year Round
Description: The dwarf wedgemussel is a small bivalve, rarely exceeding 45 millimeters in
length. Clean young shells are usually greenish brown with green rays. As the animal ages, the
shell color becomes obscured by diatoms or mineral deposits and appears black or brown. The
shell is thin but does thicken somewhat with age, especially toward the anterior end. The
anterior end is rounded while the posterior end is angular forming a point near the posterio-
ventral margin. The ventral margin is only slightly curved. The nacre is bluish -white, appearing
whiter in the thicker anterior end. The most distinctive shell character of the dwarf wedgemussel
is the arrangement of the lateral teeth. There are two lateral teeth in the right valve and one in
the left valve. The typical arrangement for most freshwater mussel species consists of two
lateral teeth in the left valve and one in the right valve.
Habitat: The dwarf wedgemussel appears to be a generalist in terms of its preference for
stream size, substrate and flow conditions — it inhabits small streams less than five meters wide
to large rivers more than 100 meters wide; it is found in a variety of substrate types including
clay, sand, gravel and pebble, and sometimes in silt depositional areas near banks; and it
usually inhabits hydrologically stable areas, including very shallow water along streambanks
and under root mats, but it has also been found at depths of 25 feet in the Connecticut River.
Dwarf wedgemussels are often patchily distributed in rivers.
Conclusion: Multiple streams transect the site containing various types of substrate. Based on
the habitat within the study area, it was concluded that habitat is potentially present for the dwarf
wedgemussel within the streams; however, no mussels of any genus were observed during the
site reconnaissance. Stormwater management/sediment erosion control plan will adhere to
Water Supply Water and Nutrient Sensitive Water Phase II requirements. ECS concluded that
the project will not adversely affect the mussel.
Vascular Plants:
Michaux's Sumac Survey window: May through October
Description: Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from 1 -
3 feet (ft) (30.5 — 91 centimeters, cm) in height. The compound leaves contain evenly serrated,
oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent
observations have revealed plants with both male and female flowers on one plant. The flowers
are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white.
Flowering usually occurs from June to July; while the fruit, a red drupe, is produced through the
months of August to October.
Habitat: Michaux's sumac grows in sandy or rocky open woods in association with basic soils.
Apparently, this plant survives best in areas where some form of disturbance has provided an
open area. Several populations in North Carolina are on highway rights -of way, roadsides, or on
the edges of artificially maintained clearings. Two other populations are in areas with periodic
fires, and two populations exist on sites undergoing natural succession.
Conclusion: The study area consists of primarily heavily wooded land with dense to moderately
dense understory vegetation. Areas with periodic fires are not located on site. Based on the
habitat within the study area, it was concluded that minimal potential habitat is present for
Michaux's sumac around the edge of the woods. A targeted survey was performed, and no
individuals were observed during the site reconnaissance. Since the existing woodland will not
be impacted, and the remainder of the site contains cleared or dense vegetation, ECS
concluded that the project will not affect the plant.
Smooth Coneflower Survey Window: Late May through October
Description: 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) (20 centimeters; cm) in length and 3.0 in (7.5
cm) 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.
Habitat: Smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides,
clearcuts, dry limestone bluffs, and power line rights -of -way, usually on magnesium and calcium
rich soils associated with amphibolite, dolomite or limestone (in Virginia), gabbro (in North
Carolina and Virginia), diabase (in North Carolina and South Carolina), and marble (in South
Carolina and Georgia). Smooth coneflower occurs in plant communities that have been
described as xeric hardpan forests, diabase glades or dolomite woodlands. Optimal sites are
characterized by abundant sunlight and little competition in the herbaceous layer. Natural fires,
as well as large herbivores, historically influenced the vegetation in this species' range. 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.
M
Conclusion: The study area consists primarily undisturbed woodlands, with minimal impervious
and grass areas. Based on the habitat within the study area, it was concluded minimal potential
habitat is present for Smooth Coneflower on roadsides and around the edge of the woods. A
targeted survey was performed, and no individuals were observed during the site
reconnaissance. Since the existing woodland will not be impacted, and the remainder of the site
contains cleared or dense vegetation, ECS concluded that the project will not affect the plant.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
ECS reviewed the State Historic Preservation Office (SHPO) online database to determine of
the proposed project would have the potential to impact known cultural or archeological
resources. ECS determined that no known locations are documented at the project area and
therefore the project will not affect cultural or archeological resources. Mapping is included in
the appendices.
BOHLER //
BOHLER ENGINEERING NC, PLLC
NCBELS P-1132
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone: (919) 578-9000
NC@,BohlerEng.com
EXISTING CONDITIONS LEGEND
EX. 50' RIPARIAN BUFFER
EX. 10' NO -BUILD SETBACK
EX. WETLAND
00 00000000
EX. 25' WETLAND BUFFER
IMPACT ZONE 1
IMPACT ZONE 2
I
I
I�
( FL PHASE2
_E 60ANS/pN�
PHA`
STREAM AND BUFFER IMPACTS
RIPARIAN BUFFER IMPACT
STREAM IMPACT
IMPACT
NUMBER
IMPACT
SPECIFICATION
ZONE 1
(SF) (AC) (LF) (SF) (AC) (LF)
PERMANENT
(SF) (AC) (LF)
(SF) (AC)
(LF)
1
ACCESS DRIVE
10912
0.250
189
8658
0.199
249
764
0.018
147
0 0
0
TOTAL
10912
0.250
189
8658
0.199
249
764
0.018
147
0 0
0
STREAM AND RIPARIAN BUFFER IMPACT DRAWINGS
PROJECT GREEN
DURHAM, 277041 REV. 0
9/22/2020 1 JW I NCR201063 1 Rev 0
N
500 250 125 0 500
1 "= 500'
PROP SINGLE
CURB RAMP
(TYP.)
(V
6]
j
\/I1
ROP TRANSITION l
CURB(TYP.)
PROP R . WALL— J
(TYP.)
I1111\\M
PROP HEADWALL
1 \ I
PROP HEADWALL
299 _ I
296
1,
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20' MPACT Z E 2
' 30' IM CT ZONE 1
i
EXISTING CONDITIONS LEGEND
BOHLER // STREAM AND RIPARIAN BUFFER IMPACT DRAWINGS
Dn- — ENGI—DING NC PLLC
EX. 50' RIPARIAN BUFFER
EX. 10' NO -BUILD SETBACK
EX. WETLAND
717 EX. 25' WETLAND BUFFER
IMPACT ZONE 1
IMPACT ZONE 2
09/22/2020 I JW I NCR201063 I Rev. 0
NCBELS P-1132 PROJECT GREEN N 30 15 75 0 Or)
4130 PARKLAKE AVENUE, SUITE 130
RALEIGH, NC 27612
Phone: (919) 578-9000
NC@,BohlerEng.com
DURHAM, 277041 PLAN REV. 0
V
.
1 "= 30'
Brandon Fulton, LSS, PSC, PWS
From: Jonathan Dale Grubb
Sent: Friday, June 19, 2020 12:07 PM
To: Brandon Fulton, LSS, PSC, PWS
Subject: FW: SAW-2020-00232 / Parmer RTP, LLC Campus / Research Triangle Park / Durham
County NC
Concurrence Email
Jonathan Dale Grubb
ECS Southeast, LLP T: 910.686.9114 D: 919.861.9859 C: 919.414.0214
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
-----Original Message -----
From: Jonathan Dale Grubb
Sent: Friday, February 28, 2020 12:54 PM
To: 'Hopper, Christopher D CIV (USA)'
Subject: RE: SAW-2020-00232 / Parmer RTP, LLC Campus / Research Triangle Park / Durham County NC
Chris,
Thank you very much for your quick response. I will be sure to relay the message about using existing crossings.
Thanks,
Jonathan
-----Original Message -----
From: Hopper, Christopher D CIV (USA) [mailto:Christopher.D.Hopper@usace.army.mil]
Sent: Friday, February 28, 2020 12:30 PM
To: Jonathan Dale Grubb
Cc: jlamb@arcob.com
Subject: RE: SAW-2020-00232 / Parmer RTP, LLC Campus / Research Triangle Park / Durham County NC
Thank you, Jonathan:
The updated map for the above referenced site reflects the delineations reviewed and verified during our site visit
earlier today, 02/04/2020. Please note the feature shown as 'Potential Stream 12' includes a break at the culverted road
bed we used to access this area. If unavoidable impacts to this feature require permitting in the future, the use of a pre-
existing crossing may aid in demonstrating avoidance and minimization. Revise this if you would like to, otherwise I will
use this map when processing any PJD and/or permit application/request for this site.
The resources as shown may be relied upon for avoidance and minimization planning as preliminary layouts are
developed. Please let me know if you have any questions.
Regards,
Chris
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554-4884, Ext. 35
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Thank you for taking the time to visit this site and
complete the survey.
-----Original Message -----
From: Jonathan Dale Grubb <JGrubb@ecslimited.com>
Sent: Friday, February 28, 2020 11:55 AM
To: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil>
Cc: jlamb@arcob.com
Subject: [Non-DoD Source] RE: SAW-2020-00232 / Parmer RTP, LLC Campus / Research Triangle Park / Durham County
NC
Good Morning Chris,
I hope you've had a good week. I apologize for the delay in JD updates as we have been under a cyber-attack for three
weeks, and are finally back up and moving forward. Please see the attached updated map and table. Can you concur
with this map so that Arco can proceed with overlaying their plans to make sure all waters are being avoided? I
appreciate your timely response as I apologize for this inconvenience to everyone. If something doesn't look right to
your memory, please let me know ASAP so I can get it fixed. Have a great weekend!
Best,
Jonathan
Jonathan Dale Grubb
ECS Southeast, LLP T: 910.686.9114 D: 919.861.9859 C: 919.414.0214
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
-----Original Message -----
From: Hopper, Christopher D CIV (USA) [mailto:Christopher.D.Hopper@usace.army.mil]
Sent: Wednesday, February 5, 2020 10:40 AM
To: Jonathan Dale Grubb; jbrack@parmerinnovation.com
Cc: Dailey, Samantha J CIV USARMY CESAW (USA)
Subject: SAW-2020-00232 / Parmer RTP, LLC Campus / Research Triangle Park / Durham County NC
Gentlemen:
Thank you both for your time yesterday. I've attached a copy of my site notes for your review. Please advise if I
overlooked or misrepresented anything. Areas shown are estimates and subject to change based on survey/GPS data.
We've assigned this a new Action ID Number: SAW-2020-00232. Based on our conversation yesterday we understand
the initial project area will avoid all aquatic resources and not require Clean Water Act Section 404 permitting. Please
note that due to the history of projects and past approvals on this site, it is possible any new impact would be
considered cumulative with those already approved and constructed.
We neglected to discuss it onsite yesterday, but there were potential eagles sited on the southern tract. Please make
sure to secure USFWS's concurrence if impacts requiring our approval are necessary. We will also need to ensure that
historic resources (I believe it was mentioned another consultant had addressed this) and ESA species identified by
USFWS are addressed prior to pursuing future approvals.
Please let me know if there are questions. We look forward to receiving the revised PJD application.
Regards,
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554-4884, Ext. 35
This message has been analyzed by Deep Discovery Email Inspector.
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This message has been analyzed by Deep Discovery Email Inspector.
Legend �� Potential Stream 6 Added segment of stream 6 N `
`'� ` a + + Approx. 746 Approx. 53
�' r•'� 4•,, G Potential Wetland 7 pp
Project Study Area Approx. 048 ? Linear Feet Linear Feet EFS
Acrf , t Potential Stream 2
Potential Stream Approx. 988 a Potential Stream 1
,. '�, ��
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Approx. 2Linear Feet
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Linear Feet :'�'° a-'rf� ' �>JPARMER INNOVATION
Potential Stream 9 CENTERS
Potential Stream 4 , ,. Approx. 515
� . � ' e`� Linear Feet
Approx. 2,039
Linear
Project:
Potential Wetland 3 a MOORE DRIVE &
Approx. 12.64 Acres al EAST CORNWALLIS
ROAD
' DURHAM COUNTY
Potential Wetland 2
NORTH CAROLINA
Approx. 10.56 Acres
Pond 2
�\ r< Approx 1.75 Title:
Potential Stream 5 / Acres
Approx. 160�
Linear Feet
Pond 1 Potential Wetlands and
Approx. 3.14 Waters of the U.S. Map
Potential Stream 3
tit _ Acres
Approx. 120
Linear Feet
__ Potential Wetland 6
• ,, �,.` _ � • ` Approx. 0.086
�r r•- Acre
4
JURISDICTIONAL WATERS
1 OF THE US WERE DELINEATED
iy BY ECS ON SEPTEMBER 16-17
AND OCTOBER 7, 2019
2. FEATURES DEPICTED ON
THIS MAP WEREVERIFIED
Potential Wetland 5 BY THE USACE ON
Approx. 0.94
FEBRUARY 4,2020
_
Acre
Potential Wetland 1 Potential Stream 8 Drawn By: Checked By:
Potential Stream 11 Approx. I Acres � Approx. 1,149
Approx. 1,130 Linear Feet JDG WBF
Linear Feet Potential Stream 12 Approved By: Date:
Approx. 1,132 Potential Wetland 7 WBF 02/28/2020
Linear Feet Approx. 0.11 ECS Project No.
Potential Stream 10 ® Acre
Approx. 351 a1._ ` 49:10155/10603
Linear Feet Potential Wetland 4
Approx. 1.94 0 750 1,500 3,000 FIGURE 6
+ Acres
k � � Feet
DURHAM PROPERTY RECORD SEARCH
157088 CURRENT PARMER WOODLANDS LLC
2501 E CORNWALLIS RD X1 11755 WILSHIRE BLVD
KEY INFORMATION
Tax District
Account
Land Use Code
Subdiv Code
Deed Book & Page
Last Sale Date:
Jan 1 st Owner:
Legal Description:
ASSESSMENT DETAILS
Land Fair Market Value
Improvement Fair Market Value
Total Fair Market Value
RESIDENTIAL BUILDING (1)
Year Built:
Current Use
Heated Area (S/F):
Half Bathroom(s):
Fireplace (Y/N):
Basement Unfinished:
Basement Partially Finished:
Assessed Building Value:
LAND DETAILS
Land Fair Market Value (FMV)
$443,723
SALES
Sales Date
12/04/2019
08/25/2009
12/15/1998
500 ft f
i ; r 1. iL
STE 1400
LOS ANGELES, CA, 90025
CNTY-DRHM/CITY-DRHM
PIN
8676427
Neighborhood
350
Land Use Desc
0000
Subdiv Desc
008816 / 000441
Plat Book & Page:
12/04/2019
Last Sale Price:
PARMER WOODLANDS LLC
PROP-TRI CENTER N/S CORNW ALLIS RD
Built Use / Ranch
Percent Complete:
Full Bathroom(s):
Bedroom(s):
Basement (Y/N):
Basement Finished:
Attached Garage (Y/N)
Total Assessed Value
$443,723
0739-62-13-1887.DUR
C748A
VACANT INDUSTRIAL
N/A - NO SUBDIVISION
000000 / 000000
$8,000,000
$443,723
$0
$443,723
Assessed Total Improvement Value $0
0%
0
0
N
N
Land Assessed Value Mapped Acres
$443,723 16.157
Sale Price
8,000,000
2,100,000
1,637,500
No Photo Available
�, Z�
Disclaimer
Data Disclaimer: All data shown here is from other primary data sources and is public information. Users of this data are hereby notified that the aforementioned public information
sources should be consulted for verification of the information contained on this website. This site presents appraised value which may not represent taxable value. While efforts
have been made to use the most current and accurate data, Durham County, NC and Data Providers assume no legal responsibility for the use of the information contained herein.
Please direct any questions or comments about the data displayed here to tax—assessor@dconc.gov
DURHAM PROPERTY RECORD SEARCH
157256
CURRENT PARMER WOODLANDS LLC
2152 NORTHEAST CREEK PKWY 11755 WILSHIRE BLVD
STE 1400
LOS ANGELES, CA, 90025
KEY INFORMATION
Tax District
CNTY-DRHM/RTP-DCFR SD PIN
Account
8676427 Neighborhood
Land Use Code
350 Land Use Desc
Subdiv Code
0000 Subdiv Desc
Deed Book & Page
008816 / 000441 Plat Book & Page:
Last Sale Date:
12/04/2019 Last Sale Price:
Jan 1 st Owner:
PARMER WOODLANDS LLC
Legal Description:
PROP-CORNWALLIS RTP LLC (ALTA SURVEY)
ASSESSMENT DETAILS
Land Fair Market Value
Improvement Fair Market Value
Total Fair Market Value
RESIDENTIAL BUILDING (1)
Year Built:
Current Use
Heated Area (S/F):
Half Bathroom(s):
Fireplace (Y/N):
Basement Unfinished:
Basement Partially Finished:
Assessed Building Value:
LAND DETAILS
Land Fair Market Value (FMV)
$1,976,776
SALES
Sales Date
12/04/2019
08/25/2009
06/30/1999
_ Lj ,A
F
P
07;
f �O
1000 ft 4
_77 1
Built Use / Ranch
Percent Complete:
Full Bathroom(s):
Bedroom(s):
Basement (Y/N):
Basement Finished:
Attached Garage (Y/N)
Land Assessed Value
$1,976,776
Sale Price
8,000,000
2,100,000
1,723,500
Total Assessed Value
$1,976,776
0739-04-63-7648
C748A
VACANT INDUSTRIAL
N/A - NO SUBDIVISION
000000 / 000000
$8,000,000
$1,976,776
$0
$1,976,776
Assessed Total Improvement Value $0
0%
0
0
N
N
Mapped Acres
51.629
NIC 11
No Photo Available
�, Z�
Disclaimer
Data Disclaimer: All data shown here is from other primary data sources and is public information. Users of this data are hereby notified that the aforementioned public information
sources should be consulted for verification of the information contained on this website. This site presents appraised value which may not represent taxable value. While efforts
have been made to use the most current and accurate data, Durham County, NC and Data Providers assume no legal responsibility for the use of the information contained herein.
Please direct any questions or comments about the data displayed here to tax—assessor@dconc.gov
■ ■■■ Roy Cooper. Governor
00 0 NC DEPARTMENT OF Susi Hamilton, Secretary
■■L■■ NATURAL AND CULTURAL RESOURCES
IN won Walter Clark, Director, Land and Water Stewardship
NCNHDE-12326
June 19. 2020
Jonathan Grubb
ECS Southeast LLP
7614 Netherlands Drive
Wilmington, NC 28405
RE. Commercial Development Building ; 49.10155-D
Dear Jonathan Grubb:
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:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
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 rodnev.butlerWncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699
& OFC g19.707.9120 • FAX 919.707.9121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Commercial Development Building
Project No. 49.10155-D
June 19, 2020
NCNHDE-12326
No Element Occurrences are Documented Within a One -mile Radius of the Project 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 Area
Managed Area Name Owner Owner Type -
City of Durham - Bethesda Park City of Durham Local Government
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on June 19, 2020; source: NCNHP, Q2 Apr 2020. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
NCNHDE-12326: Commercial Development Building
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Project Boundary
Buffered Project Boundary
Managed Area (MAREA)
1:35,885
0 0.3 0.6 1.2 mi
0 0.5 1 2 km
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NIPS, NRCAN, GeoBase, IGN, Kadaster NIL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 3 of 3
Environmental Consultants,
8412 Falls of Neusc Road, Shiite 104, Raleigh, NC 27615 • Phone: (919) 846-5900
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
August 12, 2020
S&EC Project No: 14352.W3
Re: Online Project Review Request, Green Project, Durham - Durham, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review August 12, 2020 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of. A planned commercial development that is proposing tree removal
The location of the project and the action area are identified on the enclosed maps.
Green Project (35.927060,-78.877410). The site is located at 2501 East Cornwallis Road, Durham,
Durham County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 18, 2022.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at mmontgomery@sandec.com
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery Digitally signed by Mason Montgomery
Date:2020.08.12 16:05:01-04'00'
Mason Montgomery
Environmental Specialist, Wetlands Department
Enclosures:
1. Project Request Review Package 5. FWS Official Species List
2. S&EC T&E Species Report 6. N11P Report
3. Vicinity Maps 7. FWS Species Conclusion Table
4. S&EC Photo Report 8. FWS Self -Certification Letter
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone
sandec. com
August 12, 2020
S&EC Project No.: 14352.W3
To: ARCO Design Build
Attn: Jon Zuk
2000 N Warner Rd, Suite 430
King of Prussia, PA 19406
Re: THREATENED & ENDANGERED SPECIES REPORT
Green Project (+/- 165 acres)
2501 East Cornwallis Road, Durham, Durham, NC
Dear Jon Zuk:
On August 11, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the Green Project
shown on the attached maps for potential endangered species. The property is located at 2501 East
Cornwallis Road in Durham County, NC. Surface waters onsite flow into Northeast Creek in the Cape
Fear River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to
Surface Waters and Wetlands of North Carolina" as WS-V;NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types and looking for evidence of the listed species onsite. This survey did
not include any detailed sampling or netting. The results of the search are discussed below.
Green Project - S&EC Threatened & Endangered Species Report
Page 1 of 4
August 12, 2020
S&EC Project #14352.W3
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Michaux's Sumac (Rhus michauxii), Endangered
• Smooth Coneflower (Echinacea laevigata), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within 1 mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
report did not identify any natural or managed land areas within the project area or within 1 mile of the
project area.
ATLANTIC PIGTOE (Fusconaia masonr):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe (Note: this did not include any detailed sampling). The NHP report did not list any
known elemental occurrence within the project area or within 1 mile of it. The suitable habitat for this
species consists of medium sized creeks to large rivers with excellent water quality. This species
typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did
not specifically sample for the species, we also did not find any evidence of the species while
conducting our preliminary surveys of the streams for potential suitable habitat
Our preliminary survey concluded that potential suitable habitat does not exist onsite. Northeast Creek
was +1-5 feet wide with moderate baseflow and had a sandy substrate. Northeast Creek was filled with
red sediment from other development farther upstream. Additionally, the other streams onsite did not
have suitable habitat. Photos of these streams are attached below. Due to these observations we have
concluded that the project would have "No effect 'on the Atlantic Pigtoe.
MICHAUX'S SUMAC (Rhus michauxial:
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
Green Project - S&EC Threatened & Endangered Species Report
Page 2 of 4
August 12, 2020
S&EC Project #14352.W3
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturb open areas along paths, and power easements. Other
sumac species identified onsite included Winged sumac (Rhus copallinum). The areas believed to be
suitable habitat were evaluated in detail. Given the lack of species present within the suitable habitat,
we concluded that the project would have "No effect" on Michaux's sumac.
SMOOTH CONEFLOWER (Echinacea laevizata):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We found
no individual Smooth Coneflower species within the project area. The NHP report did not list any
known elemental occurrence within the project area. We found suitable habitat within the project areas
to include primarily disturbed open areas along paths, and power easements. The areas believed to be
suitable habitat were evaluated in detail. Given the lack of species present within the suitable habitat,
we have concluded that the project would have "No effect" on the Smooth Coneflower.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile
of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb
nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no induvial species. Due to
the nature of the project being commercial development and the removal of trees, we concluded that
the project would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the
FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to
Green Project - S&EC Threatened & Endangered Species Report
Page 3 of 4
August 12, 2020
S&EC Project #14352.W3
adversely affect any federally -listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Digitally signed by
Mason Mason Montgomery
MontgomeryDate: 2020.08.12
16:06:03-04'00'
Mason Montgomery
Environmental Specialist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. August 4, 2020.
6. NHP report re: Green Project. August 4, 2020.
7. S&EC — FWS Species Conclusion Table. 08/12/2020.
8. S&EC — FWS Self -Certification Letter.08/12/2020.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masonz). Version
1.2. March, 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
Green Project - S&EC Threatened & Endangered Species Report
Page 4 of 4
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
W�40Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To: August 04, 2020
Consultation Code: 04EN2000-2020-SLI-1604
Event Code: 04EN2000-2020-E-03653
Project Name: Project Green
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
08/04/2020 Event Code: 04EN2000-2020-E-03653
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.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) 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/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/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 shortnose sturgeon, sea
turtles,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 at john_ellis@fws.gov.
08/04/2020 Event Code: 04EN2000-2020-E-03653
Attachment(s):
• Official Species List
08/04/2020 Event Code: 04EN2000-2020-E-03653
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
08/04/2020 Event Code: 04EN2000-2020-E-03653 2
Project Summary
Consultation Code: 04EN2000-2020-SLI-1604
Event Code: 04EN2000-2020-E-03653
Project Name: Project Green
Project Type: DEVELOPMENT
Project Description: Project is located near So Hi Drive and Northeast Creek Parkway,
Durham County, NC. Project is approximately 165 acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.92990776388423N78.87663660250695W
Counties: Durham, NC
08/04/2020 Event Code: 04EN2000-2020-E-03653
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
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.
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened
Species profile: https:Hecos.fws.gov/ecp/species/5164
Flowering Plants
NAME
STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Smooth Coneflower Echinacea laevigata Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3473
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S
JURISDICTION.
4 ■■■ Roy Co0per. Governor
•� NC DEPARTMENT OF Susi Hamilton. Secretary
■w__■x NATURAL AND CULTURAL RESOURCES
■ FINE
Walter dark, Director, Land and Wafer Stewardship
NCNHDE-12596
August 4, 2020
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Green Project; 14352
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one -mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near 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.
Please also 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 also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butler(o�ncdcr.gov or 919.707.8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W. JONrS STREET. RALEIGH. NC 27603 • I6S1 MAIL SERVICE CENTrLR. RALEICH. NC 27699
OFC '319'707.9120 • FAX 919.707.0121
NCNHDE-12596. Green Project
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Page 2 of 2
Species Conclusions Table
Project Name: Green Project
Date: 8/12/2020
Species / Resource Name
Conclusion
ESA Section 7 / Eagle Act Determination
Notes / Documentation
Atlantic Pigtoe
No suitable habitat present
No Effect
Preliminary survey conducted by S&EC
Fusconaia masoni
staff on August 10, 2020.
Michaux's Sumac
Suitable habitat present.
No Effect
Survey conducted by S&EC staff on August
Rhus michauxii
species not present
10, 2020.
Smooth Coneflower
Suitable habitat present,
No Effect
Survey conducted by S&EC staff on August
Echinacea laevigata
species not present
10, 2020.
Bald Eagle
Unlikely to disturb nesting
No Eagle Act Permit required
Preliminary survey conducted by S&EC
Haliaeetus leucocephalus
Bald Eagles
staff on August 10, 2020.
Northern Long-eared Bat
Suitable habitat present,
May affect, not likely to adversely effect
Preliminary survey conducted by S&EC
Myotis septentrionalis
species not present
staff on August 10, 2020.
Critical Habitat
No critical habitat present
No Effect
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.
Mason Montgomery / Environmental Specialist, Wetlands Department at S&EC, PA August 12, 2020
Signature /Title Date
fih CW ut
* r FVAI.lW U"
United States Department of the Interior
_ F]SH AN D WILDLIFE SERVICE r
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: August 12, 2020
Self -Certification Letter
Project Name Project Green
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
❑✓ proposed/designated critical habitat; and/or
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh@fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package
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