20211194 Ver 1_ePCN Application_20210729

DWR
mrlslon 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
20211194
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Braxton
la. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
[e-mail]
Date Submitted
7/29/2021
Nearest Body of Water
Northeast Creek
Basin
Cape Fear
Water Classification
WS-V:NSW
Site Coordinates
Latitude: Longitude:
35.948044-78.870086
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?*
IT $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
WA
Pre -fling Meeting or Request Date
6/9/2021
Attach documentation of Pre -Filing Meeting Request here:
pick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type rtust 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):
NWP 18- Minor Discharges (SCM outlet pipe, wetland impact)
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
NIA
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
49.2KB
r 401 Water Quality Certification - Egress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes IT 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 IT No
B. Applicant Information
1d. Who is applying for the permit?
r Owner fJ 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:
Sally & Martin Rigsbee
2b. Deed book and page no.:
DB: 005839 DP: 000598
2c.Contact Person:
r Yes r No
r Yes r No

2d.Address
Street Address
3417 Ocotea Street
Address Une 2
City
Raleigh
Postal / Zip Code
27607
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
The Family Trust
2b. Deed book and page no.:
DB:006330 DP:000028
2c.Contact Person:
Richard Rigsbee
2d.Address
Street Address
201 Potomac Grove Place
Address Line 2
City
Cary
Postal / Zip Code
27615
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Chris Raughley
3b. Business Name:
Pulte Home Company, LLC
3c.Address
Street Address
1225 Crescent Green Square, Suite 250
Address Une 2
City
Cary
Postal / Zip Code
27518
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Slate / Province / Pagion
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
Slate / Province / Region
NC
Country
USA
3e. Fax Number:

Street Address
8412 Falls of Neuse Road, Suite 104
Address tine 2
City
State / Rwince / Ifgion
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number:
4e. Fax Number:
[phone]
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Durham
2. Project Identification
2a. Property Identification Number:
0830-02-80-1161, 0739-02-89-5954,0739-
02-89-6718, 0739-02-89-8616 & 0830-90-35-
2891
2c. Project Address
Street Address
1432 Ellis Road
Address Line 2
city
Durham
Postal / Zip (ode
27703
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Northeast Creek
3b. Water Resources Classification of nearest receiving water:*
WS-V;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020605
4. Project Description and History
2b. Property size:
+/- 43.65
State / Rwince / legion
NC
Country
USA
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:*
Existing conditions onsite consists primarily of forested land with open field areas. There are two single-family residential structures with maintained yards located on the property, in
addition to a 68' wide Duke Power easement bisecting the eastern property, along with two (2) 30' wide Sanitary Sewer easements. Ellis Road separates the properties east to west.
Specifically, there are two (2) perennial streams (SB & SE), three (3) intermittent streams (SA, SF & SH), two (2) wetland features (W1 & W2), and one (1) pond (Pond 1) located on the
property. Please see the attached wetland sketch map for exact locations of each feature. General land use in the vicinity of the project consists of forested land and residential
developments.
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:
Approximately 0.39 ac
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 3,308 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a multi -family residential development and its necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*

The overall project consists of the construction of a multi -family residential development including but not limited to; roadway infrastructure, utilities, SCM's and residential lots.
Specifically, there is one (1) road crossing that impacts streams and wetlands and one (1) SCM outlet the impacts wetlands. Equipment typically used for construction and earthwork
such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved f Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
City of Durham: Site visit and field determination made on July 22, 2019, issued on July 25, 2019 (COD Jordan #2019-016). The Jurisdictional Determination package was sent to the
USACE on July 29, 2021. ***NOTE that "preliminary JD" was checked within Section C.5b to open this data box at C.5d***
6. Future Project Plans
6a. Is this a phased project?*
r Yes C No
6b. If yes, explain.
The project will be phased during construction.
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?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands 9 Streams -tributaries ❑ Buffers
17 Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.
2d. W. name *
2e. Forested *
2f. Type of
2g. Impact
Jurisdicition*(?)
area*
Im act 1
P
Road Crossing - Culvert
S-
P
Bottomland Hardwood Forest
Wetland 1
Yes
Both
0.016
and Dissipator Pad
(acres)
Impact 1
Road Crossing -
T
Bottomland Hardwood Forest
Wetland 1
Yes
Both
0.008
Construction Access
(acres)
Impact 2
SCM Outlet-Riprap Pad
P
Bottomstland Hardwood Fore
Wetland 1
�
Yes
Both
J
0.003
(acres)
Impact 2
SCM Outlet -
T
mland Hardwood Forest71
ff
Wetland 1
Yes
Both
0.00055
ConstAccess
]
(acres)
2g. Total Temporary Wetland Impact
0.013
2g. Total Wetland Impact
0.032
2g. Total Permanent Wetland Impact
0.019
21. Comments:
Total Permanent wetland = 0.019 acres; Total temporary wetland = 0.013 acres. All temporary wetland impacts will be brought back to pre -
construction contours and allowed to revegetate with adjacent wetland seed source.
3. Stream Impacts

3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
Type of
3g. S. width *
3h. Impact
❑
(?)
�3f.
Jurisdiction*
length*
S1
Impact 1-Road Cross
P 9-
Permanent
Culvert
Stream E
Perennial
Both
9
90
Culvert
Average (feet)
(lir�rfeet)
S2
Impact 1-Road Crossing
Permanent
Other
Stream E
Perennial
Both
9
23
(Permanent -No Permanent
Average (feet)
(lir�rfeet)
Loss)- Rip Rap
S3
Impact 1-Road Crossing -
rffA
Other
Stream E
Perennial
Both
S
27
Construction Access
Average (feet)
(lirrfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
113
31. Total stream and ditch impacts:
140
3j. Comments:
31. Total temporary stream impacts:
27
Total Permanent Loss stream = 90 LF/793 SF; Total Permanent -No Permanent Loss stream = 23LF/203 SF; Total Temporary Stream = 27LF/206 SF.
All temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
E. Impact Justification and Mitigation 6
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a stream and wetland delineation and Buffer evaluation for the entire property in order to identify natural resources so that impacts
could be avoided & minimized to the mammum extent practicable. Impact 1 is proposed permanent and temporary stream and wetland impacts for a
road crossing. This crossing is necessary to provide access to the southern portion of the property on the wrest side of Ellis Road. The road crossing
has been designed at a near perpendicular angle and retaining walls have been utilized to minimize stream impacts. A riprap dissipator will be utilized
to reduce flowvelocities and minimize stream degradation. A temporary diversion pump, coffer dams, dewatering pump, discharge hose and silt bags
will be utilized during construction to divert stream flows and minimize the release of sediments during construction activities. Impact 2 is proposed
temporary and permanent wetland impacts for an SCM outlet pipe. A riprap dissipator pad, that will be placed angled with the stream, will be utilized to
reduce flowvelocities and minimize stream degradation. Impacts to stream A, B, F and H have been avoided. All temporary wetland impacts will be
brought back to pre -construction contours and allowed to revegetate with adjacent wetland seed source. All temporary stream impacts will be brought
back to pre -construction stream bed elevations and the stream banks will be stabilized.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Measures taken to avoid/minimize proposed impacts through construction techniques include pump around with silt bags at road crossing, storm pipe
outlets are running directly to the stream channel to minimize erosion and sedimentation. E&S plans will have temporary sediment basins, silt fencing,
rip -rap dissipator pads and other appropriate erosion and sedimentation control measures.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent loss stream impacts are less than 0.05 acres, permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maxmum extent practicable.
Therefore compensatory mitigation in the form of mitigation payment has not been proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
• Other SCM that removes minimum 30% nitrogen
r 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 15A NCAC 02H .1003(2)?
r Yes r No

2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes
r NiA- project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
P Local Government r State
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:
G. Supplementary Information
1. Environmental Documentation
f No
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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?*
(- Yes r No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Braxton project is a residential development. Additionally, the project is located within the City of Durham ETJ,
therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Jordan
Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse
flow/' requirements and may require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Water Supply,
Watershed Protection Program which limits development densities as well as requires protective riparian buffers; and 3) the Phase II NPDES
Stormvrater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -
construction stormwater management requirements. We anticipate that the DWR Will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
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.
Non -discharge wastewater will be generated and treated at the Triangle Wastewater Treatment Plant which has an approved capacity of 12 MGD.
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 IT No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
July 29, 2021 for concurrence. S&EC states that the proposed actions is not likely to adversely affect any federally -listed endangered or threatened
species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see
attached S&EC Threatened & Endangered Species report. S&EC wit forward USFWS response once received.
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 Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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?
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on May June 28, 2021, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. S&EC submitted an Environmental Review Request to the North
Carolina State Historic Preservation Office on July 8, 2021. S&EC has yet to receive a response, please see attached email correspondence.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer
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.
pick the upload button or drag and drop files here to attach documnt
PCN Attachments_Braxton.pdf 48.63MB
File mist be FDF or ME
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:
Deborah E. Shirley
Signature
��nj�a7�-ate srfp.�r
Date
7/29/2021

Environmental Consultants,
8 412 Falls or \ruse Road, 4uiie 104, Raleigh, NCT 27415 • Phoim [phone] • Fax: ()19) 8469467
s.3ndcc.com
AGENT AUTHORIZATION
Project Name/Description: Braxton S&EC Project # 13053
Date: 7/16/2021
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: April Norton Field Office: Raleigh Regulatory Field Office
1, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0830-02-80-1161 0739-02-89-6964 0739-02-89-6718 0739-02-89-8616
& 0830-90-35-2891
Site Address: 1432 Ellis Road
City, County, State: Durham. Durham County. NC _
APPLICANT INFORMATION -
Name: Chris Rauahlev for Pulte Home Comoanv. LLC
Mailing Address: 1225 Crescent Green S-quare, Suite 250, Cary, NC 27518
Telephone Number:919-334-2185
Email: robert.rudloff ulte rou .com
Pulte Home Company, LLC/Chris Raughlleev 7/16/202,1 �-
Applicant (please print) Date
Applicant Signature
We hereby certlfy the above Information submitted In this appllcatlon /s true and accurate to
the best of our knowledge,

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S&EC EMAIL CONFIRMATION - PJD SUBMITTAL
Deborah Shirley
From: Mason Montgomery
Sent: Thursday, July 29, 2021 12:58 PM
To: RaleighNCREG
Cc: Steven Ball; Josh Harvey
Subject: Rigsbee Property (Ellis Rd) PJD request
Attachments: S&EC Ellis Rd -Braxton PJD Request Signed.pdf
Hello,
Attached is the PJD request for the Rigsbee property located in Durham County, NC. Please let me know if any additional
information is required to schedule a site visit.
Thank you,
n L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road. Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
APlease consider the environment before printing this email.

DURHAM
1869
CITY OF MEDICINE
CITY OF DURHAM
Department of Public Works
Stormwater Services
101 City Hall Plaza I Durham, NC 27701
919.560.4326 1 F 919.560.4316
www.durhamnc.gov
July 25, 2019
Via E-mail
Steven Ball
Soil & Environmental Consultants, PA.
919-846-5900
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[e-mail]
SUBJECT: Rigsbee Property
REFERNCE: COD Jordan # 2019-016
Project Name
Rigsbee Property
0830-03-90-3538, 0830-02-80-1161, 0739-02-89-5954,
PIN
0739-02-89-6718, 0739-02-89-8616
Parcel ID
163355, 209141, 163356, 163357, 163366
Location/Directions
1432 Ellis Road
Sub Stream
Northeast Creek
Date of
07/22/19
Determination
Table 1. Stream Feature Determination Rigsbee Property
Not
Stream
Soil
USGS
Feature
Subject
Start @
Stop @
Subject
Type
Survey
Topo
A
X
Eastern Parcel
Southern Parcel
Intermittent
X
X
Boundary (1431 Ellis Rd)
Boundary (1431 Ellis Rd)
B1
X
Northern Parcel
Southern Parcel
Perennial
X
X
Boundary (1431 Ellis Rd)
Boundary (1431 Ellis Rd)
Just outside of the
B2
X
Southeast Parcel
Continues Away From
Perennial
X
X
Boundary (1518 Ellis Rd)
Project Area
C
X
Consultant's SF 2
Confluence with
Ephemeral
X
Marker
Feature B
D
X
Consultant'sSF1
Consultant'sSF1
Ephemeral
X
Marker
Marker
E
X
See Consultant's
See Consultant's
Perennial
X
X
Wetland Sketch Map
Wetland Sketch Map
Consultant's SF 8
Consultant's Feature F
F
X
Marker
Intermittent Start
Ephemeral
X
Marker
Consultant's Feature F
Confluence with
F
X
Intermittent Start
Intermittent
X
Marker
Feature
G
X
Upstream of
Confluence with
Ephemeral
X
Consultant's SF 10
Feature E
H
X
Upstream of
Southern Parcel
Ephemeral
Consultant's SF 13
Boundary (1431 Ellis Rd)
H
X
Southern Parcel
Continues Away From
Intermittent
Boundary (1431 Ellis Rd)
Project Area

Stream Determination — Rigsbee Property Page 2 of 3
Wetlands are evaluated by the City of Durham Planning Department. If a wetland is suspected to
exist within or in close proximity to the project area, contact Bo Dobrzenski
([e-mail] or 919-560-4137 ext. 28230) to determine wetland setbacks.
Explanation: The feature(s) listed on the attached Table 1 have been located on the Soil Survey of
Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a
1:24,000 scale, or was determined to be subject per section 8.5(B)(4) of the Durham Unified
Development Ordinance. Each feature that is checked "Not Subject" has been determined not to be a
stream. Features that are checked "Subject" possess characteristics that qualify it to be a stream. There
may be other streams located on your property that do not show up on the maps referenced but, still
may be considered jurisdictional according to the US Army Corps of Engineers (USACE) and the Division
of Water Resources (DWR), or both.
This on -site determination shall expire five (5) years from the date of determination in this
letter. Landowners or affected parties that dispute a determination made by the City of Durham
may request a determination by DWR. An appeal request must be made within sixty (60) calendar
days of the date of this letter or from the date the affected party (including downstream and/or
adjacent owners) is notified of this letter. A request for a determination by DWR shall be referred
to them in writing c/o Karen Higgins, 401 and Buffer Permitting Section, 1617 Mail Service Center,
Raleigh, NC 27699-1617.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm,
excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Durham — Where Great Things Happen

Stream Determination — Rigsbee Property Page 3 of 3
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal
within sixty (60) calendar days.
The owner/future owners should notify the City (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity or
other City of Durham permit(s).
Any inquiries regarding section 404/401 permits should be directed to DWR (Central Office) at
[phone], and the USACE (Raleigh Regulatory Field Office) at [phone].
If you have any questions about the City's determination or need clarification, please contact me.
Sincerely,
Travis Marion, Engineering Specialist
Stormwater Development Review Group
[e-mail]
[phone], x 30238
Attachments:
Table 1. Stream Feature Determination Rigsbee Property
Consultant's Topographic Map - Figure 1
Consultant's Soils Survey Map - Figure 2
Consultant's Wetland Sketch Map - Figure 3
Durham — Where Great Things Happen

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S&EC THREATENED & ENDANGERED SPECIES REPORT
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
July 9, 2021
S&EC Project No: 13053.W8
Re: Online Project Review Request, Braxton, Durham — Durham County, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review July 9, 2021 and are submitting our project review package in accordance with the instructions
for further review.
Our proposed action consists of. A planned residential development that is proposing impacts to wetlands
and streams.
The location of the project and the action area are identified on the enclosed maps.
Braxton (35.948046,-78.870352). The site is located at 1432 Ellis Road, Durham — Durham County,
North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 15, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. N11P Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
July 9, 2021
S&EC Project No.: 13053.W8
To: Pulte Group
Attn: Rob Rudloff
125 Crescent Green Drive, Suite 250
Cary, NC 27518
Re: THREATENED & ENDANGERED SPECIES REPORT
Braxton (+/- 44 acres)
1432 Ellis Road, Durham, Durham County, NC
Dear Mr. Rudloff:
On July 6, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the Braxton project area
shown on the attached maps for potential endangered species. The property is located at 1432 Ellis Road
in Durham County, NC. Surface waters onsite flow into Northeast Creek in the Cape Fear River basin,
which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters
and Wetlands of North Carolina" as WS-V; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types, and looking for evidence of the listed species onsite. This survey did
not include any detailed sampling or netting. The results of the search are discussed below.
Braxton - S&EC Threatened & Endangered Species Report
Page 1 of 4

July 9, 2021
S&EC Project #13053.W8
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Atlantic Pigtoe (Fusconaia masom) , Proposed Threatened
• Michaux's Sumac (Rhus michauxil) , Endangered
• Smooth Coneflower (Echinacea laevigata), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within one mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
report identified one managed area within one mile of the project area. These are listed out in the
attached NHP Report.
ATLANTIC PIGTOE (Fusconaia masoni):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels) .
The NHP report did not list any known elemental occurrence within the project area or within one mile
of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with
excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate
to high flowing water. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does not exist onsite. The perennial
streams on -site were +/-5 feet wide with medium baseflow and had a silty gravel substrate.
Additionally, the other streams onsite did not have suitable habitat. Due to these observations, we have
concluded that the project would have "No effect" on the Atlantic Pigtoe.
MICHAUX'S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
Braxton - S&EC Threatened & Endangered Species Report
Page 2 of 4

July 9, 2021
S&EC Project #13053.W8
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturb open areas along fields, roads, and easements. Other
Sumac species identified onsite include Winged Sumac. Given the lack of species present within the
areas believed to be suitable habitat, we concluded that the project would have "No effect" on
Michaux's sumac.
SMOOTH CONEFLOWER (Echinacea laevigata):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We found
no individual Smooth Coneflower species within the project area. The NHP report did not list any
known elemental occurrence within the project area. We found suitable habitat within the project areas
to include primarily disturbed open areas along fields, easements, and roads. Given the lack of species
present within the areas believed to be suitable habitat, we have concluded that the project would have
"No effect" on Smooth Coneflower.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests onsite or within one
mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to
disturb nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -
specific section 7 responsibilities." Due to the nature of the project being residential development, we
concluded that the project would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the
FWS
Braxton - S&EC Threatened & Endangered Species Report
V ­ Z _f' A

July 9, 2021
S&EC Project #13053.W8
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. July 6, 2021.
7. NHP report re: July 6, 2021.
8. S&EC — FWS Species Conclusion Table. July 9, 2021.
9. S&EC — FWS Self -Certification Letter. July 9, 2021.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masom). Version
1.2. March 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
Braxton — S&EC Threatened & Endangered Species Report
Page 4 of 4

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2021-SLI-1396
Event Code: 04EN2000-2021-E-03179
Project Name: Braxton
July 06, 2021
Subject: 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

07/06/2021 Event Code: 04EN2000-2021-E-03179 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—[e-mail].

07/06/2021 Event Code: 04EN2000-2021-E-03179
Attachment(s):
• Official Species List

07/06/2021 Event Code: 04EN2000-2021-E-03179
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
[phone]

07/06/2021 Event Code: 04EN2000-2021-E-03179 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-1396
Event Code: 04EN2000-2021-E-03179
Project Name: Braxton
Project Type: DEVELOPMENT
Project Description: This site is located in Durham, NC and is approximately 44 acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.9486174,-78.87078339171975,14z
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Counties: Durham County, North Carolina

07/06/2021 Event Code: 04EN2000-2021-E-03179 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.

monew NC DEPARTMENT OF
-r e
on-r ■n NATURAL AND CULTURAL RESOURCES
■ ■Tx■
July 6, 2021
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Braxton; 13053
Dear Robert Zarzecki:
Ray Cooper, Governor
D. Reid Wilsan, Secretary
Waiter Clark
Director, division of Land and Water Stewardship
NCNHDE-15028
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W JON S STREET. RALEIGI I_ NC 27603 - 16Sl MA11L SERVICE CENTER. PALEIGW. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9121

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United States Department of the
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: July 9, 2021
Self -Certification Letter
Pro] ect Name Braxton
Dear Applicant:
n. a rr.-r:
8VKV WE
Interior
�Me
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
✓ proposed/designated critical habitat; and/or
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleighgfws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package

S&EC EMAIL CONFIRMATION -INITIAL RESPONSE FROM SHPO
Deborah Shirley
From: DCR - Environmental -Review <[e-mail]>
Sent: Wednesday, July 28, 2021 2:27 PM
To: Camden Brunick
Subject: Re: [External] FW: Environmental Review Request - Braxton Property, Durham, NC
Camden,
This project is logged and in our review queue. We are still inundated with review, but we will do our
best to respond as soon as physically possible.
Thank you.
Devon L. Borgardt
Environmental Review Assistant
North Carolina Historic Preservation Office
Questions? Contact myself at 919-814-6586.
NOTE: The call is routed from the office to my home. If I do not answer, send me an email. If you do connect, be aware
that I may say something off the wall since I receive a lot of robo calls.
NC Department of Natural and Cultural Resources
�r aF
A VATURM. AM CULTL'RRL ASSOMCM
Office: 919-814-6586
Devon. [e-mail]
109 East Jones Street, Archives and History Building
MSC 4619 Raleigh, NC 27699
Facebook Twitter Instagram YouTube
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: Camden Brunick <[e-mail]>
Sent: Thursday, July 8, 2021 1:32 PM
To: DCR - Environmental -Review <[e-mail]>
Cc: Borgardt, Devon L <[e-mail]>
Subject: [External] FW: Environmental Review Request - Braxton Property, Durham, NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
To whom it may concern,

Please see the attached Environmental Review Request for the Braxton Property project. It should also be noted the site
photos only include the front facing of the structures on the property to decrease the file size deemed acceptable. Other
structure side photos can be provided if needed. Please provide comment, this project will be requesting a Nationwide
Permit for a proposed Residential Development.
Thank you,
Camden Brunick
CAMDEN BRUNICK
Environmental Consultant
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone] (office)

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Contact Name*
Rob Rudloff
Contact Email Address*
[e-mail]
Project Owner*
Pulte Homes
Project Name*
Braxton
Project County*
Durham
Owner Address:*
Street Address
1225 Crescent Green Drive
Address Line 2
Suite 250
aty
Cary
Postal / Zip axle
27518
Is this a transportation project?*
r Yes r No
Type(s) of approval sought from the DWR:
F- 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
W Individual Permit F- Modification
F- Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes c: No
State / Province / Pegion
North Carolina
Country
United States
Do you know the name of the staff member you would like to request a meeting with?
Stephanie Goss
Please give a brief project description below and include location information.*
Residential subdivision consisting of 192 townhomes located on Ellis
Road near the intersection with Rada Drive in Durham, North
Carolina
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.
1 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 *
Submittal Date 6/9/2021