20201321 Ver 1_11-Approved JD-2020_20210119

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01211 County: Durham County U.S.G.S. Quad: Southeast Durham
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: ARE -NC Region No. 14, LLC
Address: 5 Laboratory Drive Suite 3200
Research Triangle Park, NC, 27709
Size (acres) —10 Nearest Town Durham
Nearest Waterway Burdens Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.898307
Longitude:-78.863678
Location description: The project area is located at 6 Davis Drive in Durham, Durham County, North Carolina. The project
area is shown as the red -outlined "Davis Drive Study Area" on the attached sketch entitled "Figure 6."
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
X There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 2

SAW-2020-01211
X The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 29 October 2020.
We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the
Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five
years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact April Norton at [phone] or
Ap ri1. R N o rto n (& u s a c e. a rmy. m il.
C. Basis for Determination: Please see the attached Approved Jurisdictional Determination form dated
13 November 2020.
D. Remarks: The approximately 0.20-acre constructed wetland and 0.26-acre stormwater pond are
excluded features under the Navigable Waters Protection Rule. Please see the attached Approved
Jurisdictional Determination form.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN&U SACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 12 January 2021.

SAW-2020-01211
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Date: 2020.1 1.13
Corps Regulatory Official:
Date: 13 November 2020
W'a�� 09:40:36-05'00'
Expiration Date: 13 November 2025
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hllp://cop2smilpu.usace.army.mil/cm gpex/f?p=l36* 0.
Copy Furnished:
ECS Limited
Jonathan Grubb
9001 Glenwood Avenue
Raleigh, NC, 27617

SAW-2020-01211
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: ARE -NC Region No. 14, LLC
File Number: SAW-2020-01211
Date: 13 November
2020
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/ReaulatoiyProgramandPenuits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2020-01211
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
US Army Corps of Engineers
Attn: April Norton
South Atlantic Division
3331 Heritage Trade Drive
Attn: Mr. Philip A. Shannin
Wake Forest, North Carolina 27587
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN(&USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation and will have the opportuni to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: April Norton, 3331 Heritage Trade Drive, Wake Forest
North Carolina 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone], PHILIP.A.SHANNIN(&USACE.APMW.MIL

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 11/13/2020
ORM Number: SAW-2020-01211
Associated JDs: N/A
Review Area Location': State/Territory: North Carolina City: Durharr County/Parish/Borough: Durham
Center Coordinates of Review Area: Latitude 35.8981 Longitude '8.8641,
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
❑x There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
N/A.
N/A I N//
N/A.
N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters :3
(a)(1) Name
(a)(1) Size
(a)(1) Criteria
Rationale for (a)(1) Determination
IV/F
Tributaries a 2 waters):
a 2 Name
a 2 Size
a 2 Criteria
Rationale fora 2 Determination
Trih1 itary
linear
(a)(2) Intermittent
Tributary 1 contributes at least intermittent
feet
tributary
surface water flow to Burdens Creek and the
contributes
Cape Fear River within a typical year.
surface water
Intermittent classification is documented on the
flow directly or
North Carolina DWQ Stream Form.
indirectly to an
(a)(1) water in a
typical year.
Map(s)/figure(s) are attached to the AJD provided to the requestor
2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-
alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form.
Page 1 of 3 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination
Adjacent wetlands a 4 waters):
a 4 Name
a 4 Size
a 4 Criteria
Rationale fora 4 Determination
Wetlana
0.5C
NI/A.
(a)(4) Wetland
Wetland 1 abuts at least one point or side of an
abuts an (a)(1)-
(a)(2) water (Tributary 1).
(a)(3) water.
D. Excluded Waters or Features
Excluded waters b 1 — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
btormwater
acre(s)
(b)(10)
Stormwater control feature constructed entirely
Pond
Stormwater
within uplands to convey, treat, infiltrate and/or
control feature
store stormwater runoff.
constructed or
excavated in
upland or in a
non -jurisdictional
water to convey,
treat, infiltrate, or
store stormwater
runoff.
Constructed
0.20
acre(s)
(b)(10)
Stormwater control feature constructed entirely
Wetland
Stormwater
within uplands to convey, treat, infiltrate and/or
control feature
store stormwater runoff.
constructed or
excavated in
upland or in a
non -jurisdictional
water to convey,
treat, infiltrate, or
store stormwater
runoff.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
❑x Information submitted by, or on behalf of, the applicant/consultant: JD Request received 19 June 2020
with subsequent information on 20 October 2020 (updated data forms and additional photos).
This information is sufficient for purposes of this AJD.
Rationale: N/A
❑ Data sheets prepared by the Corps: tle(s) and/or date(s).
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 3 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
mv.:
NAVIGABLE WATERS PROTECTION RULE
❑x Photographs: Aerial and Other: Figure 6, 29 October 2020; ECS Photolog, 20 October 2020.
❑ Corps site visit(s) conducted on: Date(s).
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
❑x USDA NRCS Soil Survey: Figure 3, USDA— NRCS Soil Survey Map, dated 1976.
❑x USFWS NWI maps: Figure 4, USFWS NWI Map, dated 2020.
❑x USGS topographic maps: Figure 2, USGS Topograhic Map, dated 2016.
Other data sources used to aid in this determination:
Data Source (select)
Name and/or date and other relevant information
USGS Sources
N/A.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
SAW Regulatory Viewer
State/Local/Tribal Sources
N/A.
Other Sources
NC DWQ Stream Identification Form; dated 27 May 2020
B. Typical year assessment(s): The Antecedent Precipitation vs Normal Range based on NOAA's Daily
Global Historical Climatology Network tool indicates that climatic conditions during the periodic range (28
March 2020 — 27 May 2020) were normal. The NC DWQ Stream Identification Form was also used to
document geomorphology, hydrology, and biology at Tributary 1.
C. Additional comments to support AJD: NC DWQ Stream Identification Form indicates that on 27 May
2020, Tributary 1 is intermittent with an overall score of 23.5.
Page 3 of 3 Form Version 10 June 2020_updated

Legend
Davis Project Study Area
Tributary
® Wetland
® Constructed Wetland
Stormwater Pond
Tributary
Approx. 200 Linear
Feet
WATER CLASSIFICATION
Body of Water: Burdens Creek
River Basin: Cape Fear
Classification: WS-V; NSW
Buffers: 50 Feet
Wetland
Approx 0.50
Constructed Wetland
Approx. 0.20
Acre
Stormwater Pond
Approx. 0.26 Acre ,
Client:
ALEXAN DR IA.
Project:
DAVIS DRIVE
SITE
6 DAVIS DRIVE
DURHAM
DURHAM COUNTY
NORTH CAROLINA
Title:
'
WETLAND AND
WATERS OF THE U.S.
MAP
NOTES:
1. JURISDICTIONAL WATERS OF
THE US WERE DELINEATED BY
ECS ON MAY 27, 2020.
2. FEATURES DEPICTED ON
THIS MAP HAVE BEEN
VERIFIED BY THE USACE.
3. THIS MAP SHOULD BE USED
FOR PRELIMINARY PLANNING
PURPOSES.
urawn by: cnecKea by:
JDG WBF
Approved By: Date:
WBF 10/29/2020
ECS Project No.
49:8456-B
0 75 150 300 FIGURE 6
Feet