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20210661 Ver 1_ePCN Application_20210709
DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 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?* r Yes r No Change only if needed. BIMS # Assigned 20210661 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review la. Name of project: Durham Public Works Operations Center la. Who is the Primary Contact?* Kelly Roth 1b. Primary Contact Email:* roth@mcadamsco.com Date Submitted 7/9/2021 Nearest Body of Water Third Fork Creek Basin Cape Fear Water Classification WS-V:NSW Site Coordinates Latitude: Longitude: 35.954409-78.926182 A. Processing Information 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 Pre -Filing Meeting Information Version#* 1 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone 1c. Primary Contact Phone:* (919)287-0716 Is this a courtesy copy notification?* r Yes r No ID# 20210661 Pre -fling Meeting or Request Date 3/31 /2021 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach docurrent DUR19000-Pre-filing Meeting Request-20210331.pdf File type rust be FCF 1a. Type(s) of approval sought from the Corps: W 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 IT 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: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification Version 1 39 - Commercial/Institutional Developments 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: 22.29MB r 401 Water Quality Certification - Egress V 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 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 to. Who is applying for the permit? W Owner r 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: City of Durham 2b. Deed book and page no.: 4232-86 & 90; 429-479, 15-82. 47-458, 420-273; 433-870 2c. Contact Person: Phillip Powell, Assistant Public Works Director, City of Durham r Yes r No r Yes r No 2d.Address Street Address Property and Facility Management Address Une 2 101 City Hall Plaza City State / Rwince / Rion Durham NC Postal / Zip Code Country 27701 USA 2e. Telephone Number: 2f. Fax Number: (919)560-4312 2g. Email Address:* phillip.powell@durhamnc.gov 4. Agent/Consultant (if applicable) 4a. Name: Kelly Roth 4b. Business Name: McAdams Company 4c.Address Street Address 2905 Meridian Parkway Address Line 2 City State / Rmime / Fbgion Durham NC Festal / Zip Code Country 27713 USA 4d. Telephone Number: 4e. Fax Number: (919)287-0716 4f. Email Address:* roth@mcadamsco.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ff appropriate) 1c. Nearest municipality/ town: Durham 2. Project Identification 2a. Property Identification Number: 0820-14-23-4257, 0820-14-23-5145, 0820- 13-22-3934, 0820-14-22-7726, 0820-01 -11 - 3400, 0820-17-02-8375 and 0820-17-12- 2b. Property size: 0685 46 2c. Project Address Street Address 1100 Martin Luther King Jr. Parkway Address Une 2 City State / Rwince / Fbgion Durham NC Festal / Zip Code Country 27707 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Third Fork 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. 03030002 4. Project Description and History 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:* The project area consists of the epsting Durham Public Works Operations Center (PWOC) and forested areas to the northeast and northwest. Third Fork Creek and its floodplain lie to the east of the PWOC. There are eight epsting buildings and associated driveways and parking areas within the project area. The project area vicinity contains office, commercial, light industrial, residential and forested land uses. Please refer to the attached USGS Location Map (Figure 1), Web Soil Survey Map (Figure 2A), Durham County Soil Survey Map (Figure 2B) and Subject Property Aerial Map (Figure 3) for more information on the project setting. 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 4f. List the total estimated acreage of all existing wetlands on the property: 6.7 4g. List the total estimated linear feet of all existing streams on the property: 4,920 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to re -develop the City of Durham's Public Works Operations Center (PWOC) to improve the PWOC, reduce the environmental impact of the facility and address growth in staff and equipment. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project consists of a re -development of the epsting Durham Public Works Operations Center (PWOC). Currently, Durham PWOC and Water Management share the property; however, Water Management has recently moved to a new location, resulting in the need for renovations and retrofits onsite for PWOC to occupy the space. These renovations will consist of general improvement of site conditions and associated infrastructure updates, as well as construction of a new vehicle wash building, a new brining facility, and renovations to other epsting buildings. A proposed roadway connection to Oak Ridge Boulevard, replacement of two epsting stormwater pipes, removal of epsting pavement and installation of a parking lot and associated access road will result in temporary and permanent impacts to jurisdictional streams and wetlands and Jordan and Durham wetland buffers. Since the City of Durham is the applicant, we are seeking authorization for the buffer impacts from DWR. The attached Overall Impact Map (Figure 5) depicts the overall project plan view, and Insets 1-4 show the details of the proposed impact areas. Heavy equipment typical for road construction, utility installation and grading will be used to construct the proposed project such as track hoes, bulldozers, dump trucks and graders. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: A PJD request has been submitted to the USACE and assigned to April Norton. The delineation is depicted in Figure 4. 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-2021-01259 Sc. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kelly Roth and Alec Pierzga Agency/Consultant Company: McAdams Company Other: r Unknown 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 project or related activity? No. FD. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries W Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * [2f.Type of2g. Impact urisdicition*(?) area" W1 road/greenway crossing P ffornland Hardwood Forest W3 Yes Both 0.060 (acres) W2 road/greenway crossing P ffornland Hardwood Forest W4 Yes Both 0.130 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.190 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.190 F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * Type of 3gSwidth 3h. Impact �[3f. (?) urisdiction* length* S1 Impact Area 1 - Temporary Other S1 Perennial Both 9 25 road/greenway crossing Aver�7e (feet) (linearfeet) S2 Impact Area 1 - Permanent Relocation S5 Perennial Both 4 76 road/greenway crossing of Average (feet) (lir feet) S1 S3 Impact Area 1 - P Permanent Culvert S1 Perennial Both 10 25 road/greenway crossing Average (feet) (lirearfeet) S4 Impact Area 1 - P rl��®ra Other S1 Perennial Both 9 30 road/greenvoy crossing7] Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 101 55 31. Total stream and ditch impacts: 156 3j. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. f- Neuse f- Tar -Pamlico r Catawba r Randleman r Goose Creek P 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 61 (Impact Area 1)-Allowable P S1/S5 No 4,037 2,182 62 (Impact Area 2) - Allowable P S1 No 0 483 131 (Impact Area 2) - Allowable P W4 No 360 0 63 (Impact Area 3) - Exempt P S1 No 230 224 64 (Impact Area 3) - Allowable P S1 No 260 1,405 65 (Impact Area 4) - Allowable with Mitigation P S3 Yes 1,504 5,092 66 (Impact Area 1) - Allowable with Mitigation P S1 Yes 4,497 2,139 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 10,908.00 11,525.00 Zone 1 Zone 2 Total combined buffer impacts: 10,908.00 11,525.00 61. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional streams and wetlands have been avoided and minimized to the maximum extent practicable. The only impacts to jurisdictional streams and wetlands are unavoidable impacts associated with the proposed road and future greenway trail crossing that is needed to conned to Oak Ridge Blvd. (see Figure 5 - Impact Area 1). Impacts have been minimized by utilizing an existing crossing. The existing culvert on stream S1 will be replaced with a longer culvert of the same diameter as the existing pipe. The crossing is being widened in order to accommodate an access road on the southern side of the crossing and a future 10-foot-wide greenway trail on the north side. The grading for the crossing will impact wetlands W3 and W4, as well as stream S5. Stream S5 will be rerouted to the north of the proposed road grading to maintain its connection to stream S1. Compensatory mitigation at a 2:1 ratio is proposed to offset impacts W1 and W2. The stream impacts are below the 0.02-acre mitigation threshold, thus, stream mitigation is not proposed. The proposed crossing will also necessitate impacts to riparian buffers (impacts B1 and 136), as shown in the Impact Area 1 map. Impact B6 will require mitigation because it is a road impact other than a crossing. The impacts to Jordan buffers (132) and Durham wetland buffers (WB1) shown in Impact Area 2 are needed to provide compensatory cut and fill in the floodplain. Jordan buffer impact B3 (see Impact Area 3) is required to replace an existing stormwater pipe. This pipe will be upsized to comply with a City of Durham Hydraulic Grade Line (HGL) requirement. The pipe needs to be upsized to keep HGL at an acceptable level such that the site will not flood due to high tailwater impacts from Third Fork Creek. Since the flowand velocity of stormwater entering the pipe will be the same as the existing condition, we believe this buffer impact qualifies as an exempt use despite the pipe being upsized. There is an existing riprap pad connecting this pipe to the bank of Third Fork Creek. The B4 buffer impacts (Impact Area 3) are due to the removal of impervious surface. Therefore, this impact qualifies as allowable under the table of uses (removal of previous fill or debris). The B5 buffer impacts (Impact Area 4) are necessary for the installation of a parking lot access road. Impacts from the access road itself are limited to Zone 2. The remaining impacts are due to grading for the access road. Impacts to streams and wetlands due to this access road have been avoided entirely. Compensatory mitigation is proposed to offset these buffer impacts which are road impacts other than crossings. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A Sediment and Erosion Control Plan for the project will be developed and approved by the City of Durham, and the project will comply With the supplementary NPDES Construction Stormwater Permit (NCG010000). 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 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? F Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (Ii rfeet) 4d. Buffer mitigation requested (DWR only): (square feet) 13,232 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.19 4g. Coastal (tidal) wetland mitigation requested: (acres) Wetland mitigation for 0.19 acre of impact is proposed at a 2:1 ratio. Buffer mitigation is proposed at a 3:1 ratio for 6,001 sf of Zone 1 impacts and at a 1.5:1 ratio for 7,231 sf of Zone 2 impacts. v 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes f No 6b. If yes, then identifythe square feet of impact. 6c. Reason for impact 6d. Total impact Multiplier 6e. Required mitigation (square feet) (square feet) Zone 1 er than crossings of streams (65 =B6) 6,001 3 18,003 Zone 2 Road impacts other than crossings of streams (135 & 7,231 1.5 10,847 136) 6f. Total buffer mitigation required 28850 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? r Yes r No 6j. Comments: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 SHWT) r Other SCM that removes minimum 30% nitrogen • Proposed project will not create concentrated stormwater flow through the buffer 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 15ANCAC 02H .1003(2)? r Yes r No Local Government Stormwater Programs W Phase II W NSW r USMP W Water Supply Please identify which local government Stormwater program you are using. City of Durham Comments: The project meets the requirements for low density projects (less than 24% imperviousness) because much of the eAsting built -upon area eAsted prior to the baseline date for the Water Supply Watershed Protection Rules. No new points of concentrated flow through the buffer will be created. 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 1b. 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 (North Carolina) Environmental Policy Act (NEPA /SEPA)? * r Yes r No Comments:* The proposed project involves the a)penditure of local public funds and does not meet the thresholds beyond which preparation of SEPA documentation is required. 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 2H .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 f• No 3b. If you answered "no," provide a short narrative description. The proposed project is a re -development of the existing PWOC. It is not anticipated that this project will result in additional development that would impact downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated by the development will be sent to the City of Durham sanitary sewer system. The City will reviewthe project to ensure sufficient treatment capacity is available. 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 5i. 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? The USFWS IPaC web tool (https://ecos.fws.gov/ipact) and the NC Natural Heritage Program Data Explorer (http://ncnhde.natureserve.org/content/map) were accessed on May 21, 2021 to determine if the project would impact Endangered Species or Designated Critical Habitat. An official species list for the project area was generated using the USFWS IPaC regulatory review tool. The official species list identified Atlantic pigtoe (Fusconaia masoni), Michaux(s sumac (Rhus michauxii) and smooth coneflower (Echinacea laevigata) as federally listed species that may occur within the project area. There are no critical habitats within the project area. A survey for Michauxfs sumac and smooth coneflower was conducted within the optimal survey windows for these species by traversing transects within the areas of suitable habitat on the site. No occurrences of Michauxis sumac or smooth coneflower were observed. Based on the field survey, it is believed that no adverse impacts to threatened and endangered species and their known habitat will occur due to the construction of the proposed project. USFWS and NHP letters and a species conclusion table are attached at the end of this application. Percussive activities required to remove existing impervious surfaces, such as jack hammering, will be utilized. 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?* The NOAA Essential Fish Habitat (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/) was accessed on June 9, 2021. 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?* McAdams conducted a review of SHPO's HPOWEB 2.0 website for the subject property on May 27, 2021. Three structures were identified within 0.25- mile of the subject property. McAdams submitted a request for Environmental Reviewto the NC State Historic Preservation Office (SHPO) on May 27, 2021 (see attached). Their response has not been received at the time of this application. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: A Floodplain Development Permit is being sought from the City of Durham and will be obtained before site work begins. 8c. What source(s) did you use to make the floodplain determination?* FIRM Panel 3720082000L, effective 10/19/2018 Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. alck the upload button or drag and drop files here to attach docurrent DUR19000-PWOC-404-401 and DWR Buffer Auth Ltr_Optimized.pdf 9.94MB File trust be FCF or IM2 Comments 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: Kelly K Roth Signature Date 7/9/2021 MCADAMS NATIONWIDE PERMIT 39/GC 4263 > DUR-19000 July 9, 2021 Ms. April Norton Ms. Karen Higgins U.S. Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Field Office 401 & Buffer Permitting Branch 3331 Heritage Trade Drive, Suite 105 512 N. Salisbury St. Wake Forest, North Carolina 27587 Archdale Bldg. 9th Floor Raleigh, NC 27604 RE: Nationwide Permit 39/GC 4263 & Riparian Buffer Authorization Durham Public Works Operations Center Durham, Durham County, North Carolina Dear Ms. Norton and Ms. Higgins: On behalf of the City of Durham, we are applying for a Nationwide Permit 39 from the US Army Corps of Engineers (USACE) and a Water Quality Certification 4263 and Riparian Buffer Authorization from the NC Division of Water Resources (DWR) for proposed impacts to jurisdictional waters and Jordan and Durham wetland buffers associated with the project known as Durham Public Works Operations Center. The project area is located at 1100 Martin Luther King, Jr. Blvd. in Durham, North Carolina. The project lies within the Cape Fear River Basin. The table of contents following this letter lists the attachments that are included as part of this permit application. Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please contact me at (919) 287-0716. Sincerely, MCADAMS fpeN-- Kedy Roth, VMS Environmental Consultant II creating experiences through experience 1 of 2 MCADAMS NATIONWIDE PERMIT 39/GC 4263 > DUR-19000 Table of Contents 1. Property Owner Certification Form.................................................................................................................3 Cityof Durham........................................................................................................................................................ 4 2. Figures...........................................................................................................................................................5 Figure1— USGS Quad............................................................................................................................................. 6 Figure 2A — NRCS Web Soil Survey......................................................................................................................... 7 Figure 2B — Durham County Soil Survey................................................................................................................. 8 Figure3 —Aerial Map.............................................................................................................................................. 9 Figure 4 — Preliminary Jurisdictional Determination Map.................................................................................... 10 Figure 5 — Overall Impact Exhibit & Insets 1-4...................................................................................................... 11 3. Endangered Species Documentation.............................................................................................................16 USFWS Official Species List................................................................................................................................... 17 NCNHP Report..................................................................................................................................................... 23 USFWS Raleigh ESFO Species Conclusion Table................................................................................................... 27 4. Cultural Resources Documentation...............................................................................................................28 NC SHPO Environmental Review Request............................................................................................................ 29 creating experiences through experience 2 of 2 MCADAMS NATIONWIDE PERMIT 39/GC 4263 > DUR-19000 1. PROPERTY OWNER CERTIFICATION FORM creating experiences through experience Project Name: Durham Public Works Operations Center Project Manager: Chris Stanley Property Owner Certification Information Parcel Information Street Address: 1100 Martin Luther King Jr. Parkway City, State: Durham, North Carolina County: Durham Parcel Index Number(s) (PIN): 0820-14-23-4257, 0820-14-23-5145, 0820-13-22-3934, 0820-14-22- 7726, 0820-01-11-3400, 0820-17-02-8375, & 0820-17-12-0685 Property Owner Information Name: Phillip Powell Title (if applicable): Assistant Public Works Director, City of Durham Mailing Address: Property and Facility Management Telephone Number: Electronic Mail Address 101 City Hall Plaza, Durham, NC 27701 919-560-4312 x 30323 phillip.powell@durhamnc.gov Property Access Certification By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigation, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the Undersigned, am either a duly authorized owner of record of the property identified herein or acting as the duly authorized agent of the owner of record of the property. Phillip Powell Print Name Capacity: ❑ Owner ❑X Authorized Agent Project Number: DUR-19000 MCADAMS NATIONWIDE PERMIT 39/GC 4263 > DUR-19000 2. FIGURES creating experiences through experience m Yftc c. Wss .. / f Cc `` WEE. I ` 1 e- n ' WwC PROJECT AREAS 4 i - yS r, �►F ~ �. WSC MuC . ` WsE �� Ws8'. v � —. $ c I Asd WSR -- r y r • �1 WF, NsF 4 - Cr8 ti YYsC FEATUREA0 wigs y 1 wsG i 1 , WvE2 1 4�. `. ws ] I 4p. W58 VVSR wzc 97 FEATURE C E"B W_' -FEATURwsD_' f-. Ur Wsic r 4 .._ ! Gu 1 Gu iWsE vsB r. ~ Wsf- ac.. WE \ WsC Ch I w5C WSC Keen r 1 WEB WsE WSC WES y Ct1 _ WSC au _ k ti WE wsb nniC WsC i] Ws B PfE - l PfE i �, r wsc y� [� k WVC7 Gu 1 p �. - Ly Cc GL, wiz wsc� I WEB wsc rmtc _ Wse WSC i 5r i, Gre G PIC. M10 �v u } w5C GrC y ws e PfE WsC s' Mff , NOTES: 1. NRCS; SOIL SURVEY SHEET 31, DURHAM COUNTY, NC (1976) 2. LAT. 35.952566, LONG:-78.925655 0 660 1,320 FIGURE 2B. NRCS SOIL SURVEY Feet DURHAM PUBLIC WORKS OPERATIONS CENTER 1 inch = 1,320 feet DURHAM, DURHAM COUNTY, NC VERSION: 1 DATE: 7/29/2020 McAUAMS JOB NO: DUR-19000 DRAWN BY: pierzga X:\Projects\DUR\DUR-19000\Storm\Natural Resources\GIS\DUR19000_Figure 2 Soil Survey 2020-07-28.mxd, 7/29/2020 3:23:46 PM, pierzga START 5" i J +/- 30 LF •i END S5 @ S1 G END S1 O START S1 N --1 7 START S5 - 70 LF 0, .• W4 1' START S3 W3 - +/ 6.472 ac"r 655 LF 0.076 ac �=�.��, �� �� `; .� ���`,: � fir• �-, 1C. START S4 .. +/ 55 LFli;r ;ems END S4 @ S9 a ti W1 @ PROPERTYR INE .�j / 0.042 ac r a +/- 2,470 LF i END S3� START S3 +/- 125 LF END S3 yy �, W2 (potentiallly isolated/non-adjacent) } +/- 0.025 ac LEGEND J aProject Area G END S1 @ S2r; + a Wetlands ,' 1 Streams Roads (r Roads 2-ft contours END S2 r j f @ PROPERTY LINE, 101 Culverts _ 0 150 300 PRELIMINARY JURISDICTIONAL DETERMINATION MAP Feet DURHAM PUBLIC WORKS OPERATIONS CENTER 1 inch = 300 feet DURHAM, DURHAM COUNTY, NC VERSION: ¢/10/2021 DATE: McAUAMS JOB NO: MR-19000 DRAWN BY: X:\Projects\DUR\DUR-19000\Storm\Natural Resources\GIS\2020-07 Maps\DUR19000 Fiqure 4 Delineation Map 2020-07.mxd, 6/10/2021 4:23:29 PM, roth JOLZZ VNllMlV:) HiiION '[NVHJn(1 AVM)WVd ?Jf DNIN HlHinl NIldVN 0011 ilglHX3 iDVdAl HUND SN011VH3dO smiomonand VYVHkina JOLZZ VNIIMIV:) HiiION 'INVHdn(I AVM)MVd ?Jf 9NIN HlHinl NIldVN 0011 il9lHX3 iDVdAl HUND SN011VH3dO smiomonand VYVHkina 2 2 - O MET --------------------- ------ ------------- �= N LOLLZ VNIIOaVJ H1ilON 'WVHllfl(I .N2 w Q Xb'M)21b'd?Jf 9NINl13Hlfll N1121HW OOTi 1181HX31Jb'dWl z am V Q HUND SNOIl` H3dO ` - SmbOM onand VYVHkina z W J Mm 7-7 / LOLLZ VNIIOaVJ H1ilON 'WVH8f1(I � Q A a AVM)MVd?Jf 9NIN HlHinl NIldVN WIT ll8IHX3iDVdWl Q HUND SNOIl`d213d0111ZNrJ&= tEv g aw _ x SmbOM onand VYVHuna z 2. I � I I I I I I I I I I I I I♦ 0,,, a r JOL2Z VNIIMND HiiION 'INVHdn(I I AVM)MVd ?Jf 9NIN HlHinl NIAM WIT 1191HX3 iDVdAl wn E E HUND SNOIIVI]3d0 Iz 5 s)iijom onand VYVHuna MCADAMS NATIONWIDE PERMIT 39/GC 4263 > DUR-19000 3. ENDANGERED SPECIES DOCUMENTATION creating experiences through experience ,., '. o United States Department of the Interior A, FISH AND WILDLIFE SERVICE k Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-1584 Event Code: 04EN2000-2021-E-02680 Project Name: Durham Public Works Operations Center Expansion May 21, 2021 Subject: Updated list of threatened and endangered species that may occur in your proposed project location 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 05/21/2021 Event Code: 04EN2000-2021-E-02680 2 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/migratoDLbirds/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 atjohn—ellis@fws.gov. 05/21/2021 Event Code: 04EN2000-2021-E-02680 Attachment(s): • Official Species List 05/21/2021 Event Code: 04EN2000-2021-E-02680 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 05/21/2021 Event Code: 04EN2000-2021-E-02680 2 Project Summary Consultation Code: 04EN2000-2020-SLI-1584 Event Code: 04EN2000-2021-E-02680 Project Name: Durham Public Works Operations Center Expansion Project Type: DEVELOPMENT Project Description: The proposed re -development includes a design solution that will improve the City of Durham's PWOC, lower the environmental impact of the facility, and address growth in staff and equipment. These objectives will be the benchmark for gathering information, testing design concepts and layouts, and making recommendations on the design direction. There are two phases for this project: an assessment phase and a design phase. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)35.9544338401277,-78.92653903263056,14z Counties: Durham County, North Carolina 05/21/2021 Event Code: 04EN2000-2021-E-02680 3 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. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. The location of the critical habitat is not Threatened available. 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 PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Wilson r,■■ ■ NC DEPARTMENT OF ■items NATURAL AND CULTURAL RESOURCrES a. ONE May 21, 2021 Alec Pierzga The John R. McAdams Company 2905 Meridian Parkway Durham, NC 27713 RE: Durham PWOC - Updated; DUR-19000 Dear Alec Pierzga: Ray Cooper, Governor 0. Reid Wilson, Secretary Walter Clark Director, Division of Land and Water Stewardship NCNHDE-14750 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 indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. 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 documented within the project area or 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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is 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 rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program 0EPAR7MENT OF NATURAL AND CULTURAL RESOURCES p] 121 W. JONES STREET RALEIGH. r-K- 27603 - 1651 MAUL SERv1GE CENTER. RALEdGH. 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E 05 7 z - \ 2S R� <� SM� c C) E cu cu E 2 $ 8 R § 2 0 _ a ¥ k 2 cn D 6 2 Al � 'o CU Cl) k E o @ C: E 0 / k k 2 2 . a) §cu �6 2 E E j k_ k E_ / cn 2 / _ 0- 6-W= § 0 92 § cn k � 2 � @ o § < k k Cl @ C/5 MCADAMS NATIONWIDE PERMIT 39/GC 4263 > DUR-19000 4. CULTURAL RESOURCES DOCUMENTATION creating experiences through experience MCADAMS CULTURAL RESOURCE ENVIRONMENTAL REVIEW > DUR-19000 May 27, 2021 Ms. Renee Gledhill -Earley State Historic Preservation Office Via Environmental.Review@ncdcr.gov Re: Cultural Resource Environmental Review Durham Public Works Operations Center Durham, Durham County, INC Dear Ms. Gledhill -Earley: McAdams has been contracted to conduct a site investigation for the proposed Durham Public Works Operations Center site located on the north side of Martin Luther King Parkway between South Roxboro Street and Archdale Drive in Durham, Durham County, North Carolina (hereinafter referred to as the project area). The project area consists of seven parcels owned by the City of Durham (Durham County PINS 0820-14-23-4257, 0820-14-23-5145, 0820-13-22- 3934, 0820-14-22-7726, 0820-01-11-3400, 0820-17-02-8375 and 0820-17-12-0685) totaling 46 acres. The project area is shown on the attached U.S. Geological Survey (USGS) 7.5-minute Southwest Durham, NC topographic quadrangle (Figure 1). The subject property vicinity contains office, commercial, light industrial, residential and forested land uses. The proposed development consists of the re -development of the existing Durham Public Works Operations Center. McAdams conducted a review of SHPO's HPOWEB 2.0 website for the subject property. The following structures were identified within 0.25-mile of the subject property (Figure 2): Site ID Status Site Name Description DH0905 SD Gibbs Dairy Farm (Gone) N/A DH0906 SO Dr. Sweany House N/A DH0926 SO Gibbs Dairy Farm N/A The site consists of the existing Durham Public Works Operations Center and forested areas to the northeast and northwest. Third Fork Creek and its floodplain lie to the east of the operations center. Based on a field reconnaissance of the project area, there are eight buildings within the project area. Appendix A includes pictures of the structures present, and Figure 3 depicts the project area on an aerial photograph. We are requesting consultation regarding the project's impact to cultural resources. If you should have any questions or require additional information, please do not hesitate to contact me at (919) 906-8524. Sincerely, MCADAMS Alec Pierzga Environmental Consultant I, Water Resources creating experiences through experience 1 of 2 MCADAMS CULTURAL RESOURCE ENVIRONMENTAL REVIEW > DUR-19000 Attachments: Figure 1 USGS Exhibit Figure 2 SHPO Historic Resources Exhibit Figure 3 Existing Conditions Exhibit Appendix A —Structure Photographs creating experiences through experience 2 of 2 m MCADAMS APPENDIX A: STRUCTURE PHOTOGRAPHS > DUR-19000 Appendix A: Structure Photographs Photo 1: Building located at approximately 35.952809,-78.962840 (5/27/2021) Photo 2: Building located at approximately 35.953673,-78.926614 (5/27/2021) creating experiences through experience 1 of 4 J MCADAMS APPENDIX A: STRUCTURE PHOTOGRAPHS > DUR-19000 Photo 3: Building located at approximately 35.953498,-78.926296 (5/27/2021) Photo 4: Building located at approximately 35.953798,-78.926005 (5/27/2021) creating experiences through experience 2 of 4 J MCADAMS APPENDIX A: STRUCTURE PHOTOGRAPHS > DUR-19000 Photo 5: Building located at approximately 35.953953,-78.925979 (5/27/2021) Photo 6: Building located at approximately 35.954284,-78.927175 (5/27/2021) creating experiences through experience 3 of 4 J MCADAMS APPENDIX A: STRUCTURE PHOTOGRAPHS > DUR-19000 Photo 7: Structure located at approximately 35.954434,-78.927303 (5/27/2021) Photo 8: Fuel station located at approximately 35.955065,-78.929180 (5/27/2021) creating experiences through experience 4 of 4 D# * 20210661 Version* 1 Regional Office* Central Office - (919) 707-9000 Reviewer List* Rick Trone Pre -Filing Meeting Request submitted 3/31/2021 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Jennifer Burdette burdette@mcadamsco.com Durham PWOC Expansion Project City of Durham Durham Street Address 101 City Hall Plaza Address Line 2 aty Durham Fbstal / Zip Code 27701 Is this a transportation project?* C Yes c: No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification Regular Express * Individual Permit F Modification * Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No State / F rovince / Fiegion NC Country USA Do you know the name of the staff member you would like to request a meeting with? N7 Please give a brief project description below.* The proposed project involves expanding the City of Durham's Public Water Operations Center including two impact areas. One is a road crossing. The second impact is a driveway that connects parking areas. A preliminary map of the expansion plans are attached. We request confirmation that the non -perpendicular buffer impact would be classified as a driveway that is Allowable with Mitigation upon Authorization. Please give a couple of dates you are available for a meeting. 4/19/2021 Please attach the documentation you would like to have the meeting about. 14907.00 Floodplain Exhibit.pdf 3.52MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature 0,141nt� t 00 1.el ?Y 5 Submittal Date 3/31/2021 Reviewer Meeting Request Decision Has a meeting been scheduled?* (- Yes r No Comment for Email: 6 ;•)�a� E�� a_o �, pia 4cl�a I I Qa s� ■ P z � i -� R, ♦� ��°Oc� NAl) 3NIl HOlb'W e Y♦i■ — — — CdAl) 3NI1 H�1VW� I ♦♦ I � � :�� �. r4 ♦� °� i Ie I 1 - \ ryb I II i ♦♦♦ III / ♦♦♦♦♦♦♦♦♦♦ ' � \ III I ,I11 � ♦♦�� �'� _ � ' �` ♦♦♦ � Odd � �j/ � � _ 7 I II 1 1 7KKi / 1 Yam' 2 % \ I I i G aa, Pa r� .- �}d ✓ l�L.l�a se' I wo.s.oiaeaawia wa cr.i��rseh-o=uae uoiaw wr �s.i �emmrt.ea�arswaoo e.,e l�wa=!w�ewelliw:u.ylWmwlmsmri�a��mwolorxuw�a»ww�.o o�w=amo Maov�,usoae= 5 ;•@�a� E�� d_o �e pia §u�8� I I w � z w aTii � e I — — - -- -- — — \ a I epti i I I g �� ao II 1 Q PP P t♦UILOING _ - onE i = —i � �� 3$ \\ _ w-a z z ------- - --- \�'d173N11 Il HJltly'1 I v �.3g IIII I � 1—� I III - ----i � Il li Ili -- --� i�llli Il,rll i I I li I'IIc" n �� Ill I wo�a.oiae aawia wa ar.i��rnh�oaucn uoiaoo wr �s.i �emm,e.eare»orswaoo e..e Nwa wwsemellre:v.ylWmwlmsmri�a��mwo\orxuw\a»wwie.o oswaamo Mao�yeu.io�es ROY COOPER Governor ELIZABETH S. BISER Secretary TIM BAUMGARTNER Director Phillip Powell City of Durham 101 City Hall Plaza Durham, NC 27701 NORTH CAROLINA Environmental Quality July 9, 2021 Project: Durham Public Works Operations Center Expiration of Acceptance: 1/9/2022 County: Durham The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Cape Fear 03030002 Riparian Wetland 0.19 Cape Fear Upper New Hope Zone 1 Buffer 6,001 @ 3:1 Cape Fear Upper New Hope Zone 2 Buffer 7,231 @ 1.5:1 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, At�A� FOR James. B Stanfill Asset Management Supervisor cc: Kelly Roth, agent D Q'North Carolina Department of Environmental Quality I Division of Mitigation Services P217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 �+oRrw crww.i+va i daft /'� 919.707.8976