HomeMy WebLinkAbout20110310 Ver 1_Application_20110405D
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STATE OF NORTH CAROLINA ?M"4 FR&o,.. H
DEPARTMENT OF TRANSPORTATION ?C
BEVERLY EAVES PERDUE EUGENE A. CONTI, JR.
GOVERNOR SECRETARY
March 25, 2011
N.C. Division of Water Quality
Transportation Permitting Unit ® 3
2321 Crabtree Blvd./Suite 250
Raleigh, NC 27604-2260
Attention: Mr. Rob Riding, NCDOT Project Coordinator
Subject: Proposed roadway with new structure and removal of old structure
conveying an unnamed tributary to Crooked Creek behind the Franklin
County Maintenance Yard - Bunn Camp in Franklin County. WBS No.
WBS 2100003867.
The North Carolina Department of Transportation (NCDOT) proposes to build a new
road with a stream crossing in order to access the back side of the camp property. The
existing old path is actually off NCDOT property and is within Department of
Correction property. To remedy this situation, NCDOT would like to construct a new
road and abandon the old path by removing the cross line pipe. Department of
Corrections is agreeing to let NCDOT maintain entry through an existing gate within
the comer of their property, but once through the gate the proposed roadway alignment
would be within NCDOT property.
At Site 1: permanent surface water impacts include 65ft of fill and 20ft of rip rap
armoring around the new pipe ends. At Site 2: permanent surface water impacts
include 2811 of rip rap armoring, necessary for stabilization the stream banks in the
footprint of the removed pipe. Concurrent temporary surface water impacts at each site
for would be required for dewatering. Permanent buffer impacts at Site 1 involve
7,380SF (4,500SF in Zone 1 and 2,880SF in Zone 2) to construct the proposed
roadway. Temporary buffer impacts at Site 2 involve 3,000SF (3,000 SF_in-Zone 1 and
OSF in Zone 2) for access the old pipe to be removed and installation of rock
armoring.
Application is hereby made for NCDENR-DWQ Section 401 Water Quality
Certification (WQC) No. 3820 and a Tar-Pamlico Riparian Buffer Authorization. A
pre-construction notification, construction plan sketch, project mapping, and
photographs are attached with this request. By copy of this letter we are notifying the
Division Five - 2612 North Duke Street, Durham, North Carolina 27704
Telephone: 919-220-4600 Fax: 919-560-3371
l
USACE of the intent to work under a non-reporting NWP 14. If you have any
questions or need additional information, please contact Ms. Heather Montague at
(252)492-0111.
Sincerely,
J.W. Bowman, P.E.
Division Engineer
cc: Mr. Eric Alsmeyer, NCDOT Coordinator, U.S. Army Corps of Engineers
Mr. Steve Winstead, NCDOT DIV 5; District 3 Engineer
Mr. Jonathan Tyndall, NCDOT Franklin County Maintenance Engineer
Ms. Dawn Phipps, NCDOT DIV 5 Roadside Environmental Field Ops Techn
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000° 78.2 1 66 ° Vl?l
Name: BUNN WEST Location: 035.9469517° N 078.2534773° W
Date: 3115/2011 Caption: Franklin County Maint Yard
Scale: 1 inch equals 1000 feet Bunn- proposed roadway Figure 1
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Project Study Area
Proposed Road in Bunn at the
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: non-reporting
®Section 404 Permit E] Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes N No
2. Project Information
2a. Name of project: Franklin County Maintenance - Bunn Camp proposed road
2b. County: Franklin
2c. Nearest municipality / town: Bunn
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: WBS 2100003867
3. Owner Information
3a. Name(s) on Recorded Deed: NCDOT Division 5
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: 2612 N. Duke Street
3e. City, staie, zip: Durham, NC 27704
3f. Telephone no.: (919)220-4600
3g. Fax no.: (919)560-3371
3h. Email address: wbowmanancdot.aov
4. Applicant Information (if different from owner) N/A
5. Agent/Consultant Information (if applicable) N/A
Page 1 of 9
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A
1b. Coordinates (in decimal degrees): Latitude: Longitude:
Site: 1 35.9443 -78.2535
Site: 2 35.9448 -78.2532
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 0.75 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to LIT to Crooked Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C NSW
2c. River basin: Tar-Pamlico
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:
Site 1: Cleared land used for maintenance materials storage to either side of a narrow wooded buffer, immediately
parallel to a cleared sewer line easement. Site 2: Old path through wooded area with 24" RCP at 28ft long crossing.
3b. List the total estimated acreage of all existing wetlands on the property:
NONE
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
at Site 1: 85ft and at Site 2: 48ft
3d. Explain the purpose of the proposed project: The existing old path is actually off NCDOT property and is within
Department of Correction property. To remedy this situation, NCDOT would like to construct a new road and abandon the
old path by removing the cross line pipe. Department of Corrections is agreeing to let NCDOT maintain entry through an
existing gate within the corner of their property, but once through the gate the proposed roadway alignment would be
within NCDOT property. The proposed roadway would require a new stream crossing in order to access the back side of
the property.
3e. Describe the overall project in detail, including the type of equipment to be used:
Site 1: Clear project limits, install new pipe and armor ends with rip rap underlined with filter fabric, haul in and place dirt for
proposed roadway and fill slopes, grade road and shoulders, and top with gravel. All remaining disturbed areas will be
reseeded and mulched for establishment of vegetation. Site 2: Existing pipe will be removed and stream banks will be sloped
back and armored with rip rap under fined with filter fabric for bank stabilization. Any associated disturbed areas not rock
plated will be reseeded and mulched for establishment of vegetation. Equipment used will include a backhoe, excavator,
grader, bull dozer, and dump trucks.
Page 2 of 9
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown
project (including all prior phases) in the past?
Comments: N/A
4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A
Name (if known): N/A Other: N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
N/A
C. Proposed Impacts Inventory
1. Impacts Summary
I a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? PEI T N/A N/A ? Yes
? No ? Corps
? DWQ N/A
2g. Total Wetland Impacts: NONE
Page 3 of 9
PCN Form - Version 1.3 December 10, 2008 Version
2h. Comments: N/A
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. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
Site l ®P ? T UT to ® PER ® Corps
3
65
Stream 1 fill Crooked Creek ? INT ® DWQ
Site 1 ®P ? T
i UT to ® PER [D Corps
3 20
Stream 1 r
p rap Crooked Creek [-I INT ® DWQ banks only
Site 1 ? P ®T UT to ® PER ® Corps
3 85
Stream 1 dewatering Crooked Creek F] INT ® DWQ concurrent
Site 2 ® P ? T fill UT to ® PER ® Corps 3 N/A
Stream 1 Crooked Creek ? INT ® DWQ
Site 2 ® P ? T UT to ® PER ® Corps 28
Stream 1 np rap Crooked Creek ? INT ® DWQ 3 banks only
Site 2 ? P ® T UT to ® PER ® Corps 28
Stream 1 dewaterin
g Crooked Creek ? INT ® DWQ 3 concurrent
3h. Total stream and tributary impacts 113
3i. Comments: At Site 1 and Site 2 rip rap will be placed on banks only for stabilization and at the pipe ends, not within the
flow line. At Site 1 pipe placement is a best fit to reduce sharp turns for the creek flow into and out of the new pipe.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water impact Name of waterbody
number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ? P ? T N/A N/A N/A N/A
4f. Total open water impacts NONE
4g. Comments: N/A
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose of (acres)
number pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 N/A N/A N/A N/A N/A N/A N/A N/A
P2
5f. Total NONE NONE NONE NONE NONE NONE NONE
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes ®No If yes, permit ID no: N/A
5i. Expected pond surface area (acres): N/A
Page 4 of 9
PCN Form - Version 1.3 December 10, 2008 Version
, 4
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ®Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or impact Stream name mitigation (square feet) (square feet)
Temporary required?
Site 1 ® P ? T construction of UT to Crooked Creek ? Yes 4,500 SF 2,880 SF
Buffer Impact 1 proposed road ® No
Site 2 ? P ® T
B
ff
I
t 2 access for
pipe removal
UT to Crooked Creek El Yes
® No
3,000 SF
NONE SF
er
u
mpac from old path
61h. Total buffer impacts 7,500 SF 2,880 SF
61. Comments: At Site 1, buffer impacts are limited to width necessary to construct proposed road (75LF) while maintaining
necessary minimum distance away from the adjacent sewer line. At Site 2, buffer impacts are limited to access through the
buffer to remove the old pipe and to stabilize the stream banks (281-17).
D. Impact Justification and Mitigation - Access through the buffer is necessary to build proposed road and remove old
pipe.
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The impacts to riparian buffers will be limited to those necessary to construction proposed road, install new pipe, access the
stream, dewater, and to remove old pipe. The proposed road cannot be constructed and the old pipe removed without access
through the riparian buffer.
1b. Specifically, describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment and erosion control Best Management Practices for protection of surface waters and riparian buffers will be
enforced during project construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ®No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this project? ? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
Page 5 of 9
PCN Form - Version 1.3 December 10, 2008 Version
,
3c. Comments: N/A
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: N/A linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: N/A
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.
N/A
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 N/A N/A 3 (2 for Catawba) N/A
Zone 2 N/A N/A 1.5 N/A
6f. Total buffer mitigation required: NONE
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). N/A
6h. Comments: N/A
Page 6 of 9
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
I a . Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ®No
Comments: this pipe replacement will not alter storm water runoff at this site
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? < 50 %
2b . Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: NCDOT state Permit No. NCS000250
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: N/A
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Franklin County
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached? N/A
4. DWQ Stormwater Program Review
? Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): N/A ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached? N/A
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? N/A ? Yes ? No
Page 7 of 9
PCN Form - Version 1.3 December 10, 2008 Version
J
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
I a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. 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: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ®No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
N/A
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.
N/A
Page 8 of 9
PCN Form - Version 1.3 December 10, 2008 Version
d t
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
Raleigh
?
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
httl)://www.fws.gov/ne-es/es/countvfr.htmi and NC Natural Heritage Program Database, Element Occurrences and
screening/survey by NCDOT biologists with the NEU Biological Surveys Group.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish ? Yes ®No
habitat?
61b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floddamarine.org/efh coralrims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
? Yes ®No
governments have designated as having historic or cultural preservation
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?
HPO's historic layer using GIS ArcView database - review and approval request sent to NCDOT HEU/SHPO
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements: N/A
8c. What source(s) did you use to make the floodplain determination? http:ncf[oodmaps.com/
J. W. Bowman, P.E.
4 G Ll l z 03/25/11
Applicant/Agent's Printed Name Applicant/Agent's Signatur j
(Agent's signature Is valid only if an authorizntlon let er from the applicant Date
is provided.)
Page 9 of 9
PCN Form -Version 1.3 December 10, 2008 Version
Ridings, Rob
From: Montague, Heather W
Sent: Thursday, April 07, 2011 9:49 AM
To: Ridings, Rob, Eric.C.Alsmeyer@usace.army.mil
Subject: FW: Franklin County maintenance proposed roadway - Bunn
From: Garv Jordan(cbfws.oov rmailto:Garv Jordan(cbfws.aovl
Sent: Thursday, April 07, 20119:41 AM
To: Lynch, Karen M
Cc: Montague, Heather W; Williams, Logan; Haney, Matthew M
Subject: Re: Franklin County maintenance
Karen,
A "no effect" conclusion seems appropriate to me.
Gary Jordan
Fish and Wildlife Biologist -
US Fish and Wildlife Service
PO Box 33726
Raleigh, NC 27636-3726
Phone (919) 856-4520 ext. 32
Fax (919) 856-4556
garv iordanCa fivs.gov
"Lynch, Karen M" <kmlvncht®ncdot.oov> To "Montague, Heather NP' <hwmontaaueralncdot.aov>
cc "Gary Jorda Afws.aov' <Gary JordanrrDfws.gov>,'Williams, Logan"
04/01/2011 08:38 AM <loaanwilliams0ncdoteov>, "Haney, Matthew M" <mmhanevralncdot.aov>
Subject Franklin County maintenance
Hi Heather,
The following summary is per your request for us to assess the Franklin County Maintenance facility for the new road
crossing.
NCDOT biologists, Karen M. Lynch, Logan Williams and Mike Sanderson visited the site (NC 39 crossing) on March 14,
2011.
The proposed structure requires installation of a _ft. culvert to construct a new access road for a Division 5 Franklin
County maintenance office. The tributary to be culverted contained shallow, flowing water approximately 2 ft wide. The
channel was incised with eroded clay banks. This unnamed tributary flows 0.4 miles to Crooked Creek in the Tar River
Basin. Crooked Creek then flows 0.4 miles to the NC 39 crossing (this is also the site of the existing beaver dam within
the culvert.) A mussel survey was not conducted on March 14, 2011 at NC 39 due to high water (and cold weather),
however shells of Corbicula fluminea were observed. NC Wildlife Resources database has a mussel survey in 1993
which revealed no mussels. From the proposed road crossing, the closest record of dwarf wedgemussel is approximately
3 miles downstream (1993 record - NC WRC database).
Since the stream to be culverted is small and suitable habitat for dwarf wedgemussel is a good distance away, with
adequate erosion control measures the installation of a culvert over the UT to Crooked Creek will have No Effect on the
dwarf wedgemussel.
Gary, please review and comment.
Matt, I have included you in this e-mail since you are working on the debris removal at NC 39 (visited again 3/25/11).
Thanks!
Karen
Karen M. Lynch
Biological Surveys Group,
Natural Environment Unit
(919) 707-6134
Mailing Address:
1598 Mail Service Center
Raleigh, NC 27699
Physical Address:
1020 Birch Ridge Dr. CCB
Raleigh, NC 27610
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.