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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, d � I 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. This message has been analyzed by Deep Discovery Email Inspector. 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 ,. '�, �� Ponds Potential Stream 7 J'' Linear Feet Approx. 4,761 k Client: Approx. 2Linear Feet Potential Wetland 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 s � o r � w m 3 szs rr - --- tdz) _ Ihs Rd 0 Cir Hotloman Rd Lakeshom - Goff Course urn„e % Po lit (�, g6ybrook 1.� n 5 Y m` Mood m Ca 1penle r if Rd fetch � k m Ntoe 0,H n' _. �. rest a„ — .N N Cre c k W4 10 vim) y _ 1 147 �rMian ick.ty WE N_ S x June 19, 2020 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 CASTLERO K ENFIEt D 51 + r++'+ r+ I SAD FORD � �� h N ' r'. ,+ CONWAY W 'EASTWOOD'~ y'`I fr +{�+ ' //5 1 111 5 + fir,�� f+ I - ���.• � � "� _� r` `fir+ ++ {-�z 5 + W i++ f + r+ w f 4 4 + IJJ r �, � � � \ r �� - Tom~--� L-• ARICENTER ' ' I I r + Yl 41 i ti I. XA ND +� w++ r �' 4 r?.. /ll --6y _ - _ T• W ALEXANDER CO 5en f ] �'� � LIJ f r-" J11 1 ' 300 4for GeograNCC ~ao& A Igsis Project Number: Map Title: � 14352.W3 USGS Map 0 1,000 2,000 Project Manager: I I I I I I I I SB Project Green Feet Scale: 1 1000' Durham County, NC " = Source: SE & SW Durham Soil & Environmental Consultants, PA Date: 08/04/2020 Quad 2019 xil2a,u.Qr�=�e�a s.,rrm+. w����. XCxw3•. nwm=f.+li+�r•svuo- VA: pny)ww.iw: &— �KMONT 00- y k.: SO HI , of Uzi I` CAST EROCKR +� + y' r I q r �U, ' BRADF ORD 11 ' ''3•+ 1 � � -� I 45 'ys �r% CONWAY +D/ s PfC �r j w + O , Z + I f f+ wwcz EASTW _OD r' rE?Cf- ,r YIS w PNIC Ws " + U r _ co + ` GrC�+ 2 I ID O,rE{ 54 —TRICENTER O % v —k 1 Gay 1 f a ! 4V$$ + I WAL LU 0 WsS: wh i $I`CIOr�/ - a zi Iv NCiC er f r Ge gap c I f'rmatio" , A tialysi'. Project Number: Map Title: � 14352.W3 0 1,000 2,000 Project Manager: Soil Survey Map I I I I I I I I I SB Project Green Feet Scale: 1 1000' Durham County, NC Eq " = Date: sourcepurham Soil Survey Soil & Environmental Consultants, PA 08/04/2020 Sheets 31 & 32 x�I�F.�.Q�,��.����.,��,�,.���,�..�zwl.•yWne �ll`l,'kfl•�9�•fa�['119,WG'liF Job 4: 14352.W3 August 12, 2020 Threatened and Endangered Species Photo Report for the Project Green Photo 1: Path Photo 2: Open area along path 1 t irk , Wfil. � 1 ' r rr. r Lr+ _ f _ �''y�Y f ry' T � � • , �Y r a r�+ d. Tyr` a'' 1 T r f", T ! 'f4 TT' •T• LZ ■ ir •- Y'. JT .w �' � TML -tip• 'L �of f Job #: 14352.W3 August 12, 2020 Photo 11: Perennial along southern Photo 12: Sewer easement i.' I.� � r ki• 31 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 i f" �1 Y: �3 f T, Y l� s , m rr iy L.J S _ _ 4 ^ti W v A? fCICRCC'r I Yeti.. r R,l !+ ~ � r _ August 4- 2020 El Project Boundary Q Suffered Nojecl Boundary 127.401 0 0.225 0.45 0.9 ml D 0 $75 als 1 $ xm Sa Eml. HEAP. Gwmo. wffi r . ■nErsL P cap. tmo. UVA F15b" hm NAuw. Gt amw 1". ILWNaw RL, f'dr S. Cy L impm WTI. Fml ChOw I" XaKJ , 14 OfflMIMEMM w-&tkrka JXW irr GIS ihr Camar.y 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 NCHPO HPOWEB A s � geK etr Beec fY,%;occl Cemeler� 4vlf uWdalc� r l`-r`'hs i jl�4� rye d� Elmira �"�+ Pa rf: 4 FUni,ersitr ru .14rM n 5 t reekq` - -0 ?+] 'Abod s Cacit St %D Pa rk 91 un C a L) Vz� D H 239 , P. Jones Farm Campus Hills Cif Pa rk " '� DH2177 Bilboa Cron 7L R00e R� ¢fer Rd r = C3 Uj 71 a 4' i14?i DH2304 Kearns-Holdef House DH2443 Mason House DH2348.s HaLI5e ' ^-0 Cdxk]r o1cls d,+ DH1788 Houses a H2379 Houses 2 DH1787 Hatlses 2DH1784auses or DH2364 o es _v DH1785 Houses a w'jte'r� CtrC+per ` DH2410 Log Haase • f€rR Ellis tad colite DURH M �iI a � 42) as �tr t x 0bie Dr 4 DH26OP�Natippal Humanities 0er4er Building r �+ y c �a r{?�' 7 ° Carpenter Netcher Rd q � 7Xirl 1 'Ysg DH2G0 ellcame B i Id iiiig ~ DH35f 5+ Old Che Ical. --� Storage DH3 03 Haad House + --- �cDr \Rese'arch ►C.{ 04. .� agfi DH2533 Tliancje Park of NC w ,'r 1� 17H2610 ',1Jynne's Grpc�,-r.; &Residence `.. W � 5 6/19/2020, 1:45:12 PM Local districts & boundaries DOE districts & boundaries Local individual resources &centerpoints C Determined Eligible Boundary Local Landmark Both DOE and Study List Boundary Local Landmark, Gone DOE individual resources & centerpoints Local HD Center Point Determined Eligible Surveyed Only individual resources & centerpoints DOE, Gone Surveyed Only SL and DOE Surveyed in NRHD SL and DOE, Gone Surveyed Only, Gone DOEHD Center Point Surveyed in NRHD, Gone SLDOEHD Center Point Blockface- Multiple properties SL districts & boundaries Blockface in NRHD L� Study List Boundary Surveyed Area, No designation C Both SL and Determined Eligible Boundary Surveyed Area in NHRD SL individual resources & centerpoints SL Individual Entry SL and DOE entry Study List Entry, Gone SL and DOE, Gone SLHD Center Point SLDOEHD Center Point NR districts & boundaries = National Register Boundary DH2358 Horses DH1786 Hauser DH2173 Bethesda Baptis Churcl- Cemeter; k c� Lakeshore Go IfCour9e �ry 1:36,112 0 0.33 0.65 1.3 mi 0 0.5 1 2 km Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community North Carolina State Historic Preservation Office Town of Cary, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS i JCL Lu S � J ■ 4 tand f ��