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HomeMy WebLinkAbout20210224 Ver 1_ePCN Application_20210916DWR 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 20210224 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Westpoint la. Who is the Primary Contact?* Camden Brunick 1b. Primary Contact Email:* cbrunick@sandec.com Date Submitted 9/16/2021 Nearest Body of Water Jumping Run and UT to Eno River Basin Neuse Water Classification WS-IV;NSW and WS-IV,B;NSW Site Coordinates Latitude: Longitude: 36.065080-78.910180 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* Colleen Cohn:eads\cmcohn 1c. Primary Contact Phone:* (919)846-5900 Is this a courtesy copy notification?* r Yes r No ID# 20210224 Pre -fling Meeting or Request Date 2/1 /2021 Attach documentation of Pre -Filing Meeting Request here: nick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification Version 1 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: 51.06 KB r 401 Water Quality Certification - E>q)ress 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 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: Faith Community Church International Inc 2b. Deed book and page no.: DB: 005976 DP: 000241 2c.Contact Person: r Yes r No r Yes r No 2d.Address Street Address 4903 N. Roxboro St. Address Une 2 City Durham Postal / Zip Code 27704 2e. Telephone Number: (919)809-4207 2g. Email Address:* jholtvedt@terramorhomes.com 2a. Name(s) on recorded deed: Point Ridge Park, LLC 2b. Deed book and page no.: DB:009162 DP: 000732 & DB:009082 DP: 000998 2c.Contact Person: Keith Brown 2d.Address Street Address 388 Old Piedmont Circle Address Line 2 City Chapel Hill Postal / Zip Code 27516 2e. Telephone Number: (919)451-1006 2g. Email Address:* ktb1590@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Jonathan Holtvedt 3b. Business Name: Terramor Homes 3c.Address Street Address 7208 Falls of Neuse Road Address Une 2 city Raleigh Postal / Zip Code 27615 3d. Telephone Number: (919)809-4207 3f. Email Address:* jholtvedt@terramorhomes.com 4. Agent/Consultant (if applicable) 4a. Name: Camden Brunick 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Slate / Province / Region NC Country USA 2f. Fax Number: State / Rovince / 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: (919)846-5900 (919)846-9467 4f. Email Address:* cbrunick@sandec.com 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: 0824-04-72-6918, 0824-42-93-2948, 0824- 18-41-0604, 0824-62-66-1033 & 0824-04-72- 4752 2c. Project Address Street Address 5001 N. Roxboro Street Address Line 2 city Durham Postal / Zip (ode 27704 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Jumping Run and UT to Eno River 3b. Water Resources Classification of nearest receiving water:* WS-N;NSW and WS-IV,B;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010304 4. Project Description and History 2b. Property size: +/- 64.39 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 some structures located adjacent to North Roxboro Street. There are also two existing 30' sewer easements located on the far eastern and western property respectively. Specifically, there are three (3) perennial streams (SA, SE, & SF), two (2) wetland features (W1 & W3), and two (2) linear wetlands (LWI and LW01) located on the property. 'SE' bounds the property on the far west. 'SF' is located in the southern portion of the property near the stubbed road on Stadium Drive and features adjacent wetland 'W3'. 'SA' is located on the far eastern portion of the property and features adjacent wetlands'W1, LWI & LW01'. General land use in the vicinity of the project is primarily forested land with some residential neighborhoods to the south. 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 0.34 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 1,984 LF 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct a mixed use single-family and 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 mixed use single-family and multi -family residential development inlcuding but not limited to; roadway infrastructure, residential lots, greenway, utilities, SCM's, and clubhouse/amenities. Specifically, there is one (1) road crossing that impacts streams, wetlands, and riparian buffers and two (2) utility crossings that impact wetlands and buffers. 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 f No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2006-40196 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Steven Ball Soil & Environmental Consultants, PA 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR USACE: Site visit and field determination made by Ross Sullivan and April Norton on May 1, 2019. NCDWR: Site visit and field determination made by Cheng Zhang on May 20, 2019 (NBRRO #19-141). ***Note that "Preliminary JD" not issued to date, preliminary was checked at C5b to provide this data box for project details.*** 6. Future Project Plans 6a. Is this a phased project?* r Yes f No 6b. If yes, explain. The project will be phased internally as shown on attached overall map. 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 U 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries m Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * M 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* Im act Al P Road Crossing - Fill 9- P Bottomland Hardwood Forest Linear Wetland I Yes Both 0.007 (acres) Im act Al P Road Crossing - Fill 9- P Bottomland Hardwood Forest Linear Wetland L Yes Both 0.006 (acres) Impact Al Road Crossing -Fill P Bottomland Hardwood Forest W1 Yes Both 0.074 (acres) Impact A2 Utility Crossing P Bottomland Hardwood Forest W1 Yes Both 0.016 (Permanent -no (acres) permanent loss) Impact A2 Utility Crossing P Bottomland Hardwood Forest Linear Wetland L Yes Both 0.003 (Permanent -no (acres) permanent loss) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.106 2g. Total Permanent Wetland Impact 0.106 21. Comments: Total Permanent Wetland Loss impact = 0.087 ac; Total Permanent -No Permanent Loss impact = 0.019 ac. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ (?) Jurisdiction* length* S1 Impact All Crossin P 9- Permanent Culvert Stream A Perennial Both 6 115 Culvert Average (feet) (linearfeet) 3Y Impact Al -Rip Rap Dissipator Permanent Other Stream A Perennial Both 14 34 Pad (Permanent -No Average (feet) (lir�rfeet) Permanent loss) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 149 0 31. Total stream and ditch impacts: 149 3j. Comments: Permanent loss stream impacts = 0.16 acres (694 SF); Permanent -no Permanent loss stream impacts = 0.01 acres (485 SF) 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. V Meuse r Tar -Pamlico r Catawba r Randleman r Goose Creek r 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 Impact Al -Road Crossing P Stream A No 9,598 2,296 Impact A2-Utility Crossing/Sewer Replacement P Stream A Yes 39 907 Impact B1-Utility Crossing P Stream F No 460 1,388 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 10,097.00 4,591.00 Zone 1 Zone 2 Total combined buffer impacts: 10,097.00 4,591.00 61. Comments: Impact A2-Buffer Mitigation for Zone 1 only may be required. It should be noted that Impact area B2 (stormwater outlet pipe) on the impact maps have been determined "deemed allowable" per the Meuse River Buffer rules (15A NCAC 02B .0714) item (9(b)(viii)) and item (9(b)(ii)). E. Impact Justification and Mitigation v 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland and stream delineation as well as a Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided and minimized to the maximum eMent practicable. Impact area Al is proposed permanent buffer, stream, and wetland impacts for a road crossing. Retaining walls have been utilized to minimize stream impacts. A riprap dissipator that will be utilized to reduce flow velocities and minimize stream degradation. This road crossing is necessary to provide access to the entire property from North Roxboro Street. Compensatory mitigation at a 2:1 ratio is proposed to offset permanent stream and wetland losses. Impact area A2 is proposed permanent buffer and permanent -no permanent loss wetland impacts for a sewer replacement. These impacts are necessary to replace the existing sewer that has some leaks from the age and material of the pipe. It should be noted the ebsting pipe is vitrified clay that is notorious for inflow and infiltration and will be replaced with a ductile iron pipe to reduce effects. The city also believes that the road construction will compromise the pipe and would prefer to replace the line ahead of installing road fill. Compensatory mitigation at a 1:1 ratio for permanent -no permanent wetland impacts and at a 3:1 ratio for Zone 1 buffer impacts have been proposed. Impact area B1 is proposed riparian buffer impacts for a utility crossing. This impact is necessary to connect to the ebsting sewer line and cannot be made within the existing street due to the angle of the existing sewer main. Impact area B2 is proposed Zone 2 buffer impacts for a stormwater pipe outlet. Per the Neuse River Buffer rules (15A NCAC 02B .0714) item (9(b)(viii)) and item (9(b) (ii)) this impact is considered "deemed allowable". 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: For the proposed road crossing (connection to Roxboro Rd), the proposed grade of the road is proposed to be as low as reasonably possible given the required storm drain culvert size, wdending a public water line over the culvert, and maintaining cover over the water line. By keeping the road as low as possible, the amount of disturbance is limited by keeping the fill slopes as short as possible. During construction of the road through the stream and wetlands, cofferdams and a pump around will be used so that the work occurs in dry conditions and the mitigate against sediment laden runoff entering the stream. Additionally, diversion ditches will be installed uphill of the crossing to limit the amount of runoff that enters the work area. These ditches will drain to sediment basins. In addition silt fence will be installed both upstream of these areas as well as around the work area in the stream and wetland. Lastly, the intent would be for this work to occur during a dry period. 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? V Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Falling Creek Stream and Wetland Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.19 acres 3c. Comments Permanent loss wetland impacts have been proposed at 2:1 ratio, 3,784 SF x 2 = 7,568SF/43,560 = 0.174 ac; Permanent -no permanent loss wetland impacts have been proposed at a 1:1 ratio, 831 SF x 1 = 831 SF/43,560 = 0.019 ac. Total = 0.174 ac + 0.019 ac = 0.19 ac. 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 r No 6b. If yes, then identifythe square feet of impact. 6c. Reason for impact 6d. Total impact (square feet) Multiplier �6e. Required mitigation (square feet) Zone 1 Non -perpendicular Utility Crossing 39 3 117 Zone 2 6f. Total buffer mitigation required 117 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: At Impact A2, 39 SF of Zone 1 non -perpendicular riparian buffer impacts are required. This 39 SF is outside of the existing 30' wide sanitary sewer easement where this sewer line is being replaced. It is not within a ROW or it is not within 10 ft of the Top of Bank 0)(i), it is less than 2,500 SF and it is not necessarily tying into an existing line but it is a line being replaced (II)(ii) . We included a compensatory mitigation SOA for buffers in case the NCDWR determines that buffer mitigation is required for this 39 SF. 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) * Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormvrater 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 No r NtA- project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W 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 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * r- Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 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 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 Westpoint 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 Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required 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; 3) the Phase II NPDES Stormwater 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 NIA 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 North Durham Water Reclamation Facility which has a capacity of 20 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 Se. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 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 April 13, 2020 with updates sent on May 15, 2020. S&EC received response from USFWS on May 15, 2020 that they concurred with the determinations made by S&EC 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). Additionally, S&EC updated this Threatened & Endangered Species report and sent to USFWS on June 30, 2021. Please see attached S&EC Threatened & Endangered Species report and correspondence from USFWS. 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 12, 2021, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. It should be noted prior to the date mentioned, an environment review request was submitted on behalf of S&EC on March 11, 2020. S&EC received concurrence from the State Historic Preservation Office that there are no historic resources which would be affected by the project. Please see attached ER letter and SHPO Environmental Review Request packet. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain? * r Yes r No 8b. If yes, explain how project meets FEMArequirements: The only disturbance within the floodplain is the connection to an eAsting sanitary sewer outfall (no impacts or negative effects to the floodplain) and the installation of a drainage conveyance from one of the primary SCM's located on the western side of the property. These disturbances to not impacts wetlands/waters. 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 U 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. Cick the upload button a drag and drop files here to attach docurreM PCN Attachments_Westpoint.pdf File rrust be FOF or I M Comments Signature W By checking the box and signing below, I certify that: 27.6MB • 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: Camden Brunick Signature Date 9/16/2021 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com AGENT AUTHORIZATION Project Name/Description: Westpoint at Eno S&EC Project # 13706 Date: 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 I, 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): 0824-62-66-1033, 0824-42-93-2948, 0824-04-72-6918, 0824-04-72- 4752, 0824-18-41-0604. 0824-18-31-5373 & 0824-24-72-4752 Site Address: 5001 N. Roxboro Street City, County, State: Durham, Durham County, NC Name: -JOi6.fhk^ M Mailing Address: Telephone Nu ber: — Email: %vieIN 'R IOMA1 o4prg 4400Tv nT Applicant (please print) Signature Date 0 We h4feby certify the above information submitted in this application is true and accurate to the best of our knowledge, U PARK EW'DR a O ? HOL YRIDGE) DR UJ x � W DWOOD, DR WA DA.RIDGE,D r� HAM J�v MARN 1.AVE TON RD 0 f1 1 RRYCRESTI D 'SA NDERSOt C) 3QD � S Pond p Ln LIAIILn 4 L41�jf DR ATEA U- RD � �` , !�T 0 � o k VALLEY DR.' RD > o $ LI o z �r q r1D LTD/ Project Number: 13706.Wl Map Title: Figure 1- USGS Map N o 1,000 2,000 Project Manager: I i i i I i i 1 I SB 5001 N Roxboro St, Feet Scale: 1 1000' Durham County, NC " = • Source:2013 NC Northwest Sad a Ent�iranmental Consultants, PA Date: E412 F.Ik�N R—L S. kW.wWish..;e IM15-N—(919) F—(9L9)NJ&9i6 12/5/2018 Durham Quad i HrC HrC f� ✓r /i HrB 1}`! GeB AI$ GeC TaE F rC // Ci4'. f/ G0,D Mf[ ` Ur jt Ue= Cp .M#C r / F1i#f3 GeBGeC f! 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IIIfG1����i1►1�1►��1ialIII� ' .: j/�'1�,1►�1� cm.01, T •leS!?r�•rS►iry sr�i ►��.1 a �� _ � T� �., �MMot X t �� W W co f 80b'N �WZWW N WHla, ~= �� 01 I I W g Z J �02 ��W-RQ H Ell�j Q— oO�000l,g W�WZ W 02�uQJ�u r - `O�L°o o° ' / / J I ss - ss ss ss ss ss� tieP -, k�� W� I 007 o / oo�27; O N O 00 N_ O N O -;1- � II II O Lo O � �6 O M M co co j M M u o (n Q ti o p g � p = U p O p O O O m Q Z rn x rz O N � � W 3 I m 0 o k O p 0 O ty. N OLo O O M M M M M M Deborah Shirley From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Hi Steven, Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Wednesday, April 28, 2021 3:48 PM Steven Ball Deborah Shirley RE: Westpoint--- 5001 N Roxboro St, Durham NC (SAW-2006-40196) Wetland Sketch Map -Updated POST USACE.pdf Follow up Flagged A site visit for the subject project was conducted on May 1, 2019, with Ross Sullivan. I concur with the delineation within the red outlined "Evaluation Area" on the attached "Wetland Sketch Map." Due to workload volume it may take 90 - 120 days or more for the issuance of a standalone Jurisdictional Determination (JD); however, you may use the delineation for planning and permitting purposes. The Action Identification Number for this project is SAW-2006-40196. I have attached the "Wetland Sketch Map" for reference. Please let me know if you have any questions or concerns. Thanks, April April R. Norton Regulatory Division US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 57 Fax: (919) 562-0421 Email: April.R.Norton@usace.armV.mil From: Steven Ball <sball@sandec.com> Sent: Wednesday, April 28, 2021 3:18 PM To: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Cc: Deborah Shirley <dshirley@sandec.com> Subject: [Non-DoD Source] Westpoint--- 5001 N Roxboro St, Durham NC Hey April, This is a site that Ross Sullivan and I met on back in 2019. Attached is the JD request and updated sketch per our site visit. I never received anything from Ross on this before he left. Debbie is about to dive hard into permitting on this one. I just wanted to be sure Ross had pulled the AID and had all the information. That way whenever Debbie finalizes her permit, it makes it smoother as it comes to you. Let me know if you have question, Thanks! Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball@sandec.com 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. ROY COOPER Governer . MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Keith-T. Brown Sun Forest Systems 383 Old Piedmont Cir. Durham, NC 27516 NORTH CAROLINA Environmental Quality May 22, 2019 Subject: Surface Water. Determination Letter NBRRO# 19-141 Durham County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeral/intermittent/Perennial Determination ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 2B .0.267) Project Name: Roxboro Street Property Location/Directions: The projected area is at 5001 Roxboro Street in Durham, Durham County i Subject Stream: UTs to Jumping Run Determination Date: 5/20/2019 Staff: Cheng Zhang Stream E/UP* Not Subject to Buffers Subject to. Buffers Start@ Stop@ Soil Survey USGS To o A P, X X X B E X X C E X X D E X X E P X X X F P X X. G E X X H ** X X Pond *** X X X North Caw.)1ioa CJtYpaS't(ttCCll Ut Euvirortrcie,ttai (�taaHty 1 Divisit n of 4V�ta t' Rcst�ur'c 4s Raleigh Ret?iurtal C')Efice 1 3$00 [iarnat Drive I Raiciq}'t. Ntx'tlt (:aro(ina'l.'T609 ow=t;ot+a,mR,o „cau�:Y 939.79i.420o *EIIIP = Epherneral/lnter•mittentlPe r-ennial **Linear wertand ***The pond iva.s filled. Explanation. The feature(s) listed above has or have been located on the Soil Surrey oFDurham County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24.000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and 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 above but. still may be considered jurisdictional according to the US Army Corps of Engineers and"or to the Division of Water Resources (DWR). This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request trust be made within sixty (60) days of date of this letter or from the date the affected party (including downstream andlor adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing If sending via LDS Postal Service c/o Karen Higgins DWR - 401 & Buffer Permitting Unit 1617 Marl Service Center Raleigh, NC 27699-1617. If .rending via delivery service (UPS, FedF-v, etc.) Karen Higgins DiiR - 401 & Buffer Permitting Unit, 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (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. Any inquiries should be directed to the Division of Water Resources (Central Office) at (91.9)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination. please feel free to contact Cheng Zhang at (919) 791-4259. Sincerely, Karen Higgins, Supervisor 401 & Bufer Permitting Branch cc: RRO DWR File Copy rf) ~•` � � F,, i �{fySi} IYI lia �r� r •�itkE. r r m ;•fir., ._ �� �.+µ� '�' ! _ � . ,... ,�'' �'���. � • � �Iw� «s , i tom, . p ,� la s• r �1� Mfi7� lri3:I �Ur Al f,M GIE' GpI 44�frC' 1' I rC yv ,ti N i WsC HrB `�'... J C Lgq h 1A !4w. . 7•`a� � , 4V. .. . i � ..,ir`:A fir, •. e� ' � � r � I•C r A •• � . " V 'FR Project Number: 13706.W1 Map Title, lar,kiwi T_ ' 00 1 z � f I Project Manager: Figure 2- Soil Survey Map l I I I I I I 1 �i►` SB 5001 N Roxboro St, Feet Scale: Durham County, NC Date: Source: Durham County Soil soi1+A Environmental . Consultants, P 12/51201 S Survey Sheet 13 & 17 .... 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O(DT9 o p �voirvane _ r I �) 0 z o00000 oz $ss sv�ttlttt lI`= R 00g e w O U z =sssssssssssssssssssssssssss 2 s..... sss..... �----- --------� �aaaammmmm^<�eeeedd��aaa����� �6aaa aaaaa aaa a aaaaa'" HILUNK`g< d o 3x In fl.z—g�S z g ypFz g f`=i o8pqq o z aM m¢uz vax�?�3imz3239�3m�m6��?�LL 1 p m m m m W of m3mg�g_g J ■IN■ ■m■■ ® NINE ryry■!N■ HOWILDLDINGs Statement of Availability September 16, 2021 Terramor Homes 7208 Falls of Neuse Road Raleigh, NC, 27615 Attn: Mr. Jonathan Holtvedt RE: Availability of Riparian Buffer Credits for the "Westpoint" project Bank Name: WEI - Neuse 01 Nutrient Offset and Buffer Umbrella Bank Bank Site: Buck Swamp Parcel Bank Sponsor: Wildlands Holdings II, LLC DWR Project #: 2012-0144v2 Permittee: Terramor Homes Riparian Buffer Credits Needed: 117.00 sq. ft. Riparian Buffer Credits Available: 2208.00 sq. ft. Neuse 03020201 River Basin Dear Mr. Holtvedt, Wildlands Holdings II, LLC currently has sufficient riparian buffer credits from the WEI — Neuse 01 Nutrient Offset & Buffer Bank (Buck Swamp Parcel) to satisfy the riparian buffer mitigation requirements related to the above -mentioned project. The project is located within the service area (HUC 03020201) of the Bank. This letter is simply a statement of availability of credits as of the date written. Although current inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price quoted for a period of 30 days from the invoice at no cost. Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification Authorization Certificate from the NC Department of Environmental Quality approving the Riparian Buffer mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings II, LLC. We will then issue a credit transfer certificate verifying your credit purchase to the North Carolina Division of Water Resources and to you for your records We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or.avarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings II, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HOWILDLDINGs Sincerely, Ashley N. Yarsinske Wildlands Engineering, Inc. Marketing & Credit Sales avarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Ms. Katie Merritt, Nutrient Offset & Buffer Banking Coordinator I NC Division of Water Resources Ms. April R. Norton, Regulatory Project Manager I USACE Mr. Camden Brunick, Environmental Consultant I Soil & Environmental Consultants, PA Wildlands Holdings II, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HWILDLANGSoiOO Statement of Availability September 16, 2021 Terramor Homes 7208 Falls of Neuse Road Raleigh, NC, 27615 Attn: Mr. Jonathan Holtvedt RE: Availability of Riparian Wetland Credits for the "Westpoint" project Bank Name: Falling Creek Stream and Wetland Umbrella Mitigation Bank Bank Site: Falling Creek Mitigation Site Bank Sponsor: Wildlands Holdings III, LLC USACE Action ID: 2015-00940 Riparian Wetland Credits Needed: 0.19 acres Riparian Wetland Credits Available: 3.70 acres Neuse 03020201 River Basin Dear Mr. Holtvedt, Wildlands Holdings III, LLC has the above -mentioned riparian wetland credits from the Falling Creek Stream and Wetland Umbrella Mitigation Bank: Falling Creek Mitigation Site to satisfy the mitigation requirements related to the above -mentioned project. The project is located within the service area (HUC 03020201) of the Bank. Credits may be reserved for a period of 6 months upon the receipt of a non-refundable deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then subject to change. An invoice for this transaction will be sent upon your request and we will reserve the credits and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided — it is not a reservation of credits nor a guarantee of price. Credits will be sold on a first come, first serve basis. Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within the completed 404 permit. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or.avarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HWILDLANGSoiOO Sincerely, Ashley N. Yarsinske Wildlands Engineering, Inc. Marketing & Credit Sales avarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Ms. April R. Norton, Regulatory Project Manager I USACE Mr. Camden Brunick, Environmental Consultant I Soil & Environmental Consultants, PA Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 June 22, 2021 S&EC Project No: 13706.W11 Re: Online Project Review Request, Westpoint, 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. This project was previously submitted in March of 2020 and approved by John Ellis of FWS. S&EC is submitting a re -review because a year has passed and a change in developer. We completed our review June 22, 2021 and are re -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 permanent loss impacts to wetlands and streams. It is important to add that the developers are meeting all of the City of Durham's ordinance requirements, in addition they are providing 100 ft. stream buffers in lieu of the State's 50 ft. Neuse required riparian buffer. Furthermore, the project is meeting the Falls Lake Stormwater Rules, which are per the project engineer the most stringent in the State. The location of the project and the action area are identified on the enclosed maps, Westpoint (36.064388, - 78.913447). The site is located at 5001, 5003 & 5011 N. Roxboro Street, 2801 Maple Ridge Drive, and portions of 4306 Victory Boulevard, and 4903 N. Roxboro Street in Durham County, NC. 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 mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Specialist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NIIP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall Site Plan 10. DWR Buffer Letter Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com June 22, 2021 S&EC PrcjectNo.: 13706.W11 To: Terramore Homes Attn: Jon Holtvedt 7203 Falls of Neuse Road, Suite 201 Raleigh, NC, 27615 Re: THREATENED & ENDANGERED SPECIES REPORT Westpoint on the Eno (+/- 61 acres) 5001 N Roxboro Street, Durham, Durham County, NC Mr. Holtvedt: On May 26, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the parcels shown on the attached maps for potential endangered species. The properties are located at 5001, 5003 & 5011 N. Roxboro Street, 2801 Maple Ridge Drive and portions of 4306 Victory Boulevard, and 4903 N. Roxboro Street in Durham County, NC. Onsite surface waters flow into the Eno River, part of the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as WS-IV; B; NSW. Onsite surface waters also flow into Jumping Run, within of the Neuse River Basin, which has been classified as WS-IV; 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. 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 vegetated communities, 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. Westpoint on the Eno - S&EC Threatened & Endangered Species Report Page 1 of 6 June 22, 2021 S&EC Project #13706.W11 RESULTS: The FWS official species list identified the following species for Durham County, NC: • Neuse River Waterdog (Necturus lewisi), Proposed Threatened • Carolina Madtom (Noturus furiosus), Proposed Endangered • Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened • Dwarf Wedgemussel (Alasmidonta heterodon), Endangered • Michaux's Sumac (Rhus michauxii), Endangered • Smooth Coneflower (Echinacea laevigata), Endangered Of the species identified on the official species list, the NHP report identified no listed Federally threatened or endangered species within the project area. However, NHP report identified two listed federally threatened or endangered species within I mile of the project area. The two species were Atlantic Pigtoe and Smooth Coneflower and the occurrences were along the Eno River. Other State listed species that were found within the project area are listed in the attached NHP report. The NHP report search identifies one natural area and one managed area onsite or within I mile of the project area. These areas are listed out in the attached NHP report. The natural area onsite identified by the NHP is the Middle Eno River Bluffs and Slopes. It is listed locally owned by Durham and North Carolina Division of Parks and Recreation. NEUSE RIVER WATERDOG (Necturus lewisa): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Neuse River Waterdog. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is typically medium to large streams and rivers with a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and pools. 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. Jumping Run and the other perennials on site had cobble bed material but had slow stagnant water filled with algae. The perennial tributary on the east side of the property has a proposed road crossing that will allow aquatic life passage. Due to this we determined the project would have "No effect" on the Neuse River Waterdog. Westpoint on the Eno - S&EC Threatened & Endangered Species Report Page 2 of 6 June 22, 2021 S&EC Project #13706.W11 CAROLINA MADTOM (Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Carolina Madtom. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow, and cover for nesting habitat. During our assessment, we found no evidence of this species. Jumping Run and the other perennials onsite had cobble bed material but had slow stagnant water filled with algae. These streams also had little organic nesting habitat. The perennial tributary on the east side of the property has a proposed road crossing that will allow aquatic life passage. Due to this we determined the project would have "No effect' on the Carolina Madtom. ATLANTIC PIGTOE (Fusconaia masona1: 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 list a known elemental occurrence for Atlantic Pigtoe within one mile of the project area. 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. No mussels were observed during the preliminary survey. Our preliminary survey concluded that potential suitable habitat does not exist onsite. Jumping Run and the other perennials onsite had cobble bed material but had slow stagnant water filled with algae. Due to these observations the project would have "No effect" on the Atlantic Pigtoe. DWARF WEDGEMUSSEL (Alasmidonta heterodon): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Dwarf Wedgemussel. (Note: This did not include a detailed aquatic mussel survey for the presence of mussels.) The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material. Due to this all the streams onsite could be considered suitable habitat, although no mussels were observed during the preliminary survey. Westpoint on the Eno - S&EC Threatened & Endangered Species Report Page 3 of 6 June 22, 2021 S&EC Project #13706.W11 This project has no planned impacts to Jumping Run. The perennial tributary on the east has a proposed road crossing that will allow aquatic life passage. Due to this we determined the project would have "No effect" on the Dwarf Wedgemussel. NUCHAUX'S SUMAC (Rhus michauxia): 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 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 easements and paths. Given the lack of species present, but the presence of suitable habitat, we have concluded that the project would have "No effect" on Michaux's Sumac. SMOOTH CONEFLOWER (Echinacea laevi,-ata): 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 list a known elemental occurrence within one mile of the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along easements and paths. Given the lack of species present, but the presence of 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 1 mile of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb nesting bald eagles ". We believe no Eagle Act Permit is required. NORTHERN LONG-EARED BAT (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's) within the project area. During our survey, we found no individual species. Westpoint on the Eno - S&EC Threatened & Endangered Species Report Page 4 of 6 June 22, 2021 S&EC Project #13706.W11 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 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 Specialist, 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. April 22, 2021. 7. NHP report re: April 22, 2021. 8. S&EC — FWS Species Conclusion Table. June 22, 2021. 9. S&EC — FWS Self -Certification Letter. June 22, 2021. 10. DWR Buffer Letter NBRRO 19-141. Westpoint on the Eno - S&EC Threatened & Endangered Species Report Page 5 of 6 June 22, 2021 S&EC Project #13706.W11 References: -North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. -US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. -U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masonz). Version 1.2. March 2017. Atlanta, GA. -U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile. https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/. - U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog... Species Profile. https://www.fws. aov/southeast/wildlife/amphibians/neuse-river-waterdo Ly/ -U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 30pp. Westpoint on the Eno - S&EC Threatened & Endangered Species Report Page 6 of 6 ------ o o z- � - � o Eno River umgina Kun 501 L, � a Ln r` _ pR n N = MA E VE SAND 0 Mo (YALL -1Y DR b J, Ln r Ln _ Q W YLD� WOO p Rp Project Number: Map Title: N 13706.W11 0 1,000 2,000 Project Manager: USGS Map I i i i I i i i I DS 5003 N Roxboro St, Feet Scale: Durham County, NC )4 1 " = 1000' Source: Soil & Environmental Consultants, PA Date: NC Northwest Durham Quad NC2 oll.we Nwd, tiuielnyN.i�,\g2615•Pwnc-(919]N6•$990 •Fnx [919] W9�6T 06/03/2021 1 C, it 8 GeB A1f3 �,� Hrt GeC TaE FI rC Gbh id rE3 { 1 LgH SF I �iaf7. HrB°Gefr' "hrlff7 Ur''� CP ! MfC C] ,, HrC ill r r6 lVJfE ia f H rBE;r U r PRfLi.. v GeL7 - �11; , 'IF.0 Cd l YCp 1 tr fva G M fC f Cp tNaD .� W —a [alb lltifsClMfR rB p / tiff . A18 . ✓. Gep\ +; MfG {U#f 17 r'�,, ?3 IrB WE _J4°ifD Cps 71, GeC ti Hrr 1 r�1 y 1t i i- B �N1fC IrB Ur AI B j \` GIE HrC irC / Na D HrB f r C fVtfC irB LAB M 1i� -- I ,f MUB 1 lz frP3 f PdIuES i J r. f WsR jr --G MtC" BMfB BUS P 5Q1 % r �B 501' f� 1f/ M fC Project Number: Map Title: N 13706.W11 0 1,000 2,000 Project Manager: SOII Survey Map I I I I I I I I I DS 5003 N Roxboro St, Feet Scale: 1 1000' Durham County, NC " = Source: Durham County Soil Soil & Environinental Consultants, P Date' %J!3 Iallx ol'ti.we Nwd, tiuic wy Nal.�, \C 3n.15 • Plwnr•= I J I J] NiE•jWA • f's.C: [919] fFWY+16 06/03/2021 Survey Sheet 13 & 17 rn 1 0 N m O O N N � W U � Q O , a Aws O O IOOHOs i]OH U z f V7 i-+ 9a, fd _ I � M3H21 p'I z O � w �y a - a 41AVO 0 W HV3IVHD C/] � Ev)a ° C7 m � m m X � O U (] Q Z Y +a N d �pt0o _ 0 Y in z r0 9 0 Y�O N33a , o sNosava O � a c c 7A �F•Sf �� N � L � ri � Q Lo D Ot c N C O O RID � � y MApyE � Lw. � � N �► - �.� O <0 a ° wIQ b•Ji'� z i� t0 9 ����� Oy O. O m U � U ° - N Q r Q I O N V a` � a` ❑ cn o Job #: 13706.W11 06/22/2021 Threatened and Endangered Species Photo Report for Westpoint on the Eno Photo 2: City of Durham sewer replacement project Job #: 13706.W11 06/22/2021 AN 14 •� � ° �y��'� i GCt 3"o NO.� r s � vit 2*oi ram. - - o Wit,..•`. Baae O N N �p '^Ew n � _ po i Q �♦ 60000o Q , 1 b \� V pR 9� p m o l2 a �s� IG o,p1 da�v� 'I I Ll � / + oo �`�' \� ®�� I it ❑ �. -- L " ---------------- 7 b�. a�eea� oa a�Qy`�a � 1—m m1i Boa "'b og�m �- I _ v x o000o eoovaooe$v000vo 000 -- � � m j� ado-, Rs g 3 x � Pm -_ rl}ij 0 w United States Department of the Interior FISH AND WILDLIFE SERVICE 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-0768 Event Code: 04EN2000-2021-E-02347 Project Name: 5001 N. Roxboro Street April 22, 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 04/22/2021 Event Code: 04EN2000-2021-E-02347 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. 04/22/2021 Event Code: 04EN2000-2021-E-02347 Attachment(s): • Official Species List 04/22/2021 Event Code: 04EN2000-2021-E-02347 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 04/22/2021 Event Code: 04EN2000-2021-E-02347 2 Project Summary Consultation Code: 04EN2000-2020-SLI-0768 Event Code: 04EN2000-2021-E-02347 Project Name: 5001 N. Roxboro Street Project Type: DEVELOPMENT Project Description: Located at 5001 N. Roxboro Stree, Durham County, NC (+/- 61 Acres) Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(c►)36.06403487593383,-78.91504972957111,14z r 5;t Epc Riro� G=1K Pan o. t�5 W, I i ii 11r. A R ll}ry.J f Si Counties: Durham County, North Carolina 04/22/2021 Event Code: 04EN2000-2021-E-02347 3 Endangered Species Act Species There is a total of 6 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. Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi 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/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. The location of the critical habitat is not Endangered available. Species profile: https:Hecos.fws.gov/ecp/species/528 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 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 04/22/2021 Event Code: 04EN2000-2021-E-02347 4 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. women NC DEPARTMENT OF -r e on-r ■m NATURAL AND CULTURAL RESOURCES ■ ■Tx■ April 22, 2021 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Westpoint on the Eno; 13706.W11 Dear Robert Zarzecki: Ray Cooper, Governor D. Reid Wilsan, Secretary Waiter Clark Director, Division of Land and Water Stewardship NCNHDE-14533 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 DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 W JON S STREET. RALEIGI I_ NC 27603 - 16Sl MA11L SERVICE CENTER. 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E 65 United States Department of the FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date:06/22/2021 Self -Certification Letter Project Name Westpoi nt 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 ROY COOPER Governer . MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Keith-T. Brown Sun Forest Systems 383 Old Piedmont Cir. Durham, NC 27516 NORTH CAROLINA Environmental Quality May 22, 2019 Subject: Surface Water. Determination Letter NBRRO# 19-141 Durham County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeral/intermittent/Perennial Determination ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 2B .0.267) Project Name: Roxboro Street Property Location/Directions: The projected area is at 5001 Roxboro Street in Durham, Durham County i Subject Stream: UTs to Jumping Run Determination Date: 5/20/2019 Staff: Cheng Zhang Stream E/UP* Not Subject to Buffers Subject to. Buffers Start@ Stop@ Soil Survey USGS To o A P, X X X B E X X C E X X D E X X E P X X X F P X X. G E X X H ** X X Pond *** X X X North Caw.)1ioa CJtYpaS't(ttCCll Ut Euvirortrcie,ttai (�taaHty 1 Divisit n of 4V�ta t' Rcst�ur'c 4s Raleigh Ret?iurtal C')Efice 1 3$00 [iarnat Drive I Raiciq}'t. Ntx'tlt (:aro(ina'l.'T609 ow=t;ot+a,mR,o „cau�:Y 939.79i.420o *EIIIP = Epherneral/lnter•mittentlPe r-ennial **Linear wertand ***The pond iva.s filled. Explanation. The feature(s) listed above has or have been located on the Soil Surrey oFDurham County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24.000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and 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 above but. still may be considered jurisdictional according to the US Army Corps of Engineers and"or to the Division of Water Resources (DWR). This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request trust be made within sixty (60) days of date of this letter or from the date the affected party (including downstream andlor adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing If sending via LDS Postal Service c/o Karen Higgins DWR - 401 & Buffer Permitting Unit 1617 Marl Service Center Raleigh, NC 27699-1617. If .rending via delivery service (UPS, FedF-v, etc.) Karen Higgins DiiR - 401 & Buffer Permitting Unit, 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (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. Any inquiries should be directed to the Division of Water Resources (Central Office) at (91.9)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination. please feel free to contact Cheng Zhang at (919) 791-4259. Sincerely, Karen Higgins, Supervisor 401 & Bufer Permitting Branch cc: RRO DWR File Copy rf) ~•` � � F,, i �{fySi} IYI lia �r� r •�itkE. r r m ;•fir., ._ �� �.+µ� '�' ! _ � . ,... ,�'' �'���. � • � �Iw� «s , i tom, . p ,� la s• r �1� Mfi7� lri3:I �Ur Al f,M GIE' GpI 44�frC' 1' I rC yv ,ti N i WsC HrB `�'... J C Lgq h 1A !4w. . 7•`a� � , 4V. .. . i � ..,ir`:A fir, •. e� ' � � r � I•C r A •• � . " V 'FR Project Number: 13706.W1 Map Title, lar,kiwi T_ ' 00 1 z � f I Project Manager: Figure 2- Soil Survey Map l I I I I I I 1 �i►` SB 5001 N Roxboro St, Feet Scale: Durham County, NC Date: Source: Durham County Soil soi1+A Environmental . Consultants, P 12/51201 S Survey Sheet 13 & 17 .... A Sail & Environmental Consultants, PA 8.412 galls of Ncuse Road, Suite 104, Raleigh, NC 27615 • Plione: (919) EWG-5900 • Fax: (919) 8 4G-9467 smdcc.com Request for Environmental Review Project Name (if previously reviewed, provide SHPO tracking number) • Proiect Name: Westpoint Project Location • Address: 5001, 5011, 5003, N. Roxboro St. • City: Durham • County: Durham Project Contact Information • Contact Name: Deborah E. Shirley • Company: Soil & Environmental Consultants, PA (S&EC) • Address: 8412 Falls of Neuse Rd., Suite 104 Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 • E-mail: dshirley@sandec.com Project Description • Proiect acreage: o +/- 61 acres • Proposed Proiect Activities: o The proposed project is a residential development. Historical District on the National Register is adjacent to proposed development. • Required licenses, permits, approvals, grants, federal/state funds: o This request is being submitted concurrent with the preparation of Section 404 and 401 Pre - Construction Notification Application for proposed impacts to waters of the U.S./state on -site • Historic Properties Description: 0 DH0519-West Point on the Eno: 19th C. farm/mill complex Westpoint Environmental Review Request Project No. 13706.W7 • Proposed Plan for Existing Structures: Soil & Environmental Consultants, PA March 11, 2020 o There are no structures of concern on property to be developed. • Proposed sale, transfer, or lease of historic properties within the project area o There are no structures of concern on property to be developed. • Past usage of the protect area, including any ground disturbance that has taken place: o The properties are mainly forested land, some maintained lawn at 5003 N. Roxboro St. Proposed around-disturbina activities within the oroiect area (nature. dimensions (lenath. width. and depth), and locations): o Proposed ground -disturbing activities within the project area would include grading (cut and fill) for the construction of a residential development. Please find a Preliminary Site Plan attached for reference. Attachments 1) USGS Map 2) DH0519 3) Preliminary Site Plan 2 U PARK EW'DR a O ? HOL YRIDGE) DR UJ x � W DWOOD, DR WA DA.RIDGE,D r� HAM J�v MARN 1.AVE TON RD 0 f1 1 RRYCRESTI D 'SA NDERSOt C) 3QD � S Pond p Ln LIAIILn 4 L41�jf DR ATEA U- RD � �` , !�T 0 � o k VALLEY DR.' RD > o $ LI o z �r q r1D LTD/ Project Number: 13706.Wl Map Title: Figure 1- USGS Map N o 1,000 2,000 Project Manager: I i i i I i i 1 I SB 5001 N Roxboro St, Feet Scale: 1 1000' Durham County, NC " = • Source:2013 NC Northwest Sad a Ent�iranmental Consultants, PA Date: E412 F.Ik�N R—L S. kW.wWish..;e IM15-N—(919) F—(9L9)NJ&9i6 12/5/2018 Durham Quad State of North Carolina [division of Archives and History L v it INDIVIDUAL PROPERTY FORM FOR OR ___X_ MULTIPLE RESOURCE 'HISTORIC �,le�'� POlnt Oil thE: Eno AND/OR COMMON R STREET & NUMBER Roxboro Road —NOT FOR PUBLICATION TY, TOWCONGRESSIONAL DIS CIN TRICT TINY I] .fi VICINITY OF 2nd STATE CODE COUNTY CODE North Carolina 037 Durham 063 13CLASSIFICATION CATEGORY OWNERSHIP STATUS I DISTRICT ®CCUPIED —BUILDINGS) —STRUCTURE —PRIVATE —BOTH —)(UNOCCUPIED )rWORK IN PROGRESS —SITE PUBLIC ACQUISITION ACCESSIBLE —OBJECT —IN PROCESS —BEING CONSIDERED N/A 4ES RESTRICTED YYES: UNRESTRICTED —NO [JOWNER OF PROPERTY PRESENT USE —AGRICULTURE j-MUSEUM —COMMERCIAL LPARK —.EDUCATIONAL —PRIVATE RESIDENCE —ENTERTAINMENT —RELIGIOUS —GOVERNMENT —SCIENTIFIC —INDUSTRIAL —TRANSPORTATION —MILITARY —OTHER NAME City of Durham _ STREET& NUMBER Division of Parks and Recreation, City Hall, City Hall Plaza CITY. TOWN STATE VICINITY OF orth Carolina 27701 COURTHOUSE. REGISTRY OF DEEDS,ETC Register of Deeds/Durham County Judicial Building STREET & NUMBER 201 E. Main Street CITY. TOWN STATE Durham North Carolina 27701 bFORM PREPARED BY NAME / TITLE Patricia S. Dickinson ORGANIZATION DATE Consultant to the City of Durham Planning Department December 10, 1983 STREET & NUMBER TELEPHONE City Rall Plaza (919) 683-4137 CITY OR TOWN STATE Durham North Carolina 27701 UDESCRIP110N CONDITION CHECK ONE CHECK ONE EXCELLENT -DETERIORATED -UNALTERED X-ORIGINAL SITE GOOD -RUINS X-ALTERED _MOVED DATE- -FAIR -UNEXPOSED DESCRIBE THE PRESENT AND ORIGINAL (IF KNOWN) PHYSICAL APPEARANCE In West Point on the Eno is a forty -acre natural wilderness Durham city park with an historical focus, located along the Eno River at Roxboro Road is a rapidly growing residential and commercial neighborhood at the northern edge of the city limits. The portion of the park comprising at nominated area is an approximately twenty-six acre oval -shaped tract of meadowlands dotted with young hardwoods which slopes gently to the north and west down to the river. Gravel access roads and screened, unobtrusive pai��king areas ring the tract; a portion of the access road is con -posed of the old Roxboro Road which nearly parallels the nearby five -lane present arterial highway. This tract was once the site of a lively antebellum community called West Point centered around a gristmill. Remaining on the twenty- six acre tract are three original structures and two sites associated with two of the succession of distinguished families who owned the mill and/or the miller's house. The three original structures are: the c. 1843 two-story vernacular Greek Revival McCown -Mangum House, located near the meadow center; a c. 1880 two-story board -and -batten pack house, about 120 feet southwest of the residence; and a late nineteenth- or ea ly twentieth-century log tobacco barn about 250 feet southwest of the house. The two sites are the ruins of a rock -lined basement and two-story late eighteenth -century chimney about 640 feet north of the house; and the mill site, including the original head and tail race. A reconstructed grist mill, now known as the West Point Mill, about 700 feet northwest of the house. In addition, there is a reconstructed blacksmith shop erected in 1979, located immediately southwest of the West Point Mill, close to the present Roxboro Road; and temporary wooden stage on the east side of the Pack House: and a picnic shelter about 200 feet northwest of the house. Canopied by large oak trees and facing east about one hundred and fifty feet west of the old Roxboro Road, the McCown -Mangum House is located on a central high point in the meadow, which slopes away from the house to reveal the full fieldstone foundation at the rear. The two-story, one -room -deep frame weatherboarded house with a long one-story rear offset ell is augmented by a full basement. Built around 1843, the house exhibits characteristic elements of nineteenth century vernacular Greek Revival style North Carolina farmhouses in its tin clad, low hipped roof, six -over -six double -hung windows, two -panel doors, trabeated entrance surround, and simple corner boards. An unusual feature of houses of this period is the location of the kitchen in the basement rather than in a separate structure. According to tradition, the basement was carved out from under the McCown -Mangum House sometime after it was built; it is probable that originally there was a separate kitchen building. Sometime early during the residency of the Mangum family from 1893 to 1968, the basement was divided into four room: root cellar, kitchen, dining room and breakfast room. S On the main two-story block of the house are brick exterior end chimneys laid in 1:5 common bond. The chimney at the north elevation rests on a stone )*Rse, with the south chimney built on a brick base. The chimney stacks, with simple one course corbel caps, pierce the wide overhanging eaves of the low hipped tin roof, which shelters simple stepped chimney shoulders. An interior chimney rises above the hip -roofed one-story rear ell. Symmetry characterizes the three -bay main (east) elevation. It features a nearly full -width attached one-story hip roofed porch carried by six chamfered posts connected by a railing with simple square balusters and a rounded handrail. The shallow porch shelters the entrance of double doors, each with a single long and narrow raised panel that is repeated in the apron of the flanking three light sidelights, surmounted by a ten light transom. Other remaining original exterior doors are typical two panel Greek Revival doors. Six -over -six sash windows with slender simple muntins appear on the main and rear elevations. Changes in fenestrations occur in the north elevation of the main block where two four -over - four sash windows flank the chimney on both stories. There are no windows on the south elevation of the main block. The basement of the two -bay ell extending to the west is lighted by three two -over -two sliding windows. The plain window sills and surrounds, the corner boards and porch railing are painted dark charcoal grey making a crisp contrast to the white house. At the rear elevation of the min block the recessed engaged back porch is reached via a nine step flight of wooden stairs with simple square balusters and rounded handrail. At the south elevation an attached porch with square posts and balusters runs the length of the offset two - room ell. Here, a two -panel door leads to the ell and a set of double doors provides access to the rear of the main block. Throughout the house much of the original simple one -part window and door trim remains, as do the wide it baseboards. Some of the original panes of glass survive and are augmented with panes salvaged from a house of similar vintage. The mantelpieces feature deep heavy mantel shelves over a wide plain frieze supported by flat pilasters with simple molded bases and capitals, with minor variations in the molding. The mantelpiece in the dining room and upstairs north bedroom are original and the others were recreated. On the interior, a centerhall separates two room upstairs and two downstairs. Characterized by slender square balusters and rounded handrail, the staircase, located on the north side of the hall, rises in a straight flight from back to front. The stair treads are heart pine, as are the wide boards of the reveal. On the first floor are a heart pine panelled bedroom to the left and a plastered parlor to the right, each with a fireplace. The pine boards of the bedroom have been stripped and left bare: probably one room was painted or wallpapered originally. In the ell to the rear of the parlor is a pine sheathed room with fireplace which the Mangums useq as a bed -sitting room, now furnished as a dining room. The second story contains two well-proportioned bedrooms, each with fireplace which serve now as the caretaker's quarters. With its spacious plastered rooms and attention to detail, tjhe house reflected the high status of the miller in the West Point community. It was last lived in by the Mangum family, a prominent, prosperous Durham family who occupied it for over seventy yp-.--i s. During their residency, they furnished it with stylish, Eastlake furniture and son, Hugh's, photographs and artwork. Many of these pieces survive and were loaned or donated to furnish the house after its restoration in 1974. The Mangums cultivated extensive flower and vegetable gardens vA-iich have bee� lost. The restorations of the house included a partial recreation of the gardens by various local garden clubs. Also, during the restoration a non -intrusive modern kitchen was created in an existing room at the rear of the ell. A twelve feet by twenty feet addition to the ell provided space for restrooms. Located about 120 feet to the southwest of the rear of the McCown -Mangum House is the Pack House, a rustic two-story board -and -batten gable -end, timber - framed outbuilding resting on fieldstone piers and crowned by a new tin roof Which replaces earlier shake shingle and tin roofs. Constructed c. 1880, the rectangular forty-two feet by thirty feet building was used for tobacco storage in 1893 when photographer Hugh Mangum partitioned a small portion of the second story for use as a darkroom. A short flight of stairs rises to the main entrance at the west elevation. Two window openings flank the entrance on the first floor and three appear on the second floor. On the east elevation are two window openings on both stories, and on the north and south elevations one window opening lights each floor. Some of these openings have been boarded over with temporary shutters. The first floor of the interior is an open plank -floored room with an open string flight of stairs along the south wall rising to the second story. In the southwest corner of the second story a six feet by twelve feet area is enclosed with pine boards: written on the west wall, in his hand, is the inscription "Hugh Mangum's Darkroom." Also in pencil is the date "5/25/09" and a few simple arithmetic calculations. At some point after Mangum's death in 1922, this small room was used as a chicken coop, where in 1968, a remarkable cache of five hundred of Mangum's glass negatives was discovered in good condition. The Pack House is currently undergoing renovation to serve as a photographic museum. The log tobacco barn, believed to have been built some time between the 1890s and 1930, is approximately seventeen feet, six inches square, constructed of sawn logs,with flat or square lap notches on hewn sills and a stone foundation. Tin covers the gable roof; the gables are sheathed. Simple shed porches are attached to the east and south sides. The poles from which the " in situ. tobacco leaves were hung for curing remain About fifty feet east of the reconstructed mill (and about 640 feet north of the residence) and rapidly being overrun with vines and young trees, are the remains of a -late eighteenth -century coursed stone basement lined with slate slabs, and a red brick chimney laid in a casual combination of Flemish and running bonds with double stepped shoulders. The two-story much altered timber - framed house to which they were once attached was razed in 1974. Margaret Nygard, founder of the Eno River Association, recalled that there "seemed to be one house within the o"her" and that the "symmetry of the original house was quite different" from the later house with its many alterations and additions (telephone interview, October, 1983). John Flowers, architectural historian, wrote in Bull Durham and Beyond (Durham Bicentennial Counission, 1976, p.70), that the house was probably built by George Carrington who owned the mill from 1798 to 1815. The segmental arch at the top of each of the chimeny's three fire bA xes (in the basement and first and second floors) is a Georgian characteristic that supports a late eighteenth -century construction date. No formal archaelogical investigation has been made as yet at this site, but a restoration specialist is about to stabilize the masonry. A gristmill operated on the mill site with head and tail races formed by Black Meadow Creek from 1778 to 1942. Nothing is known about the appearance of the early mills. The first visual records of a mill at this site are Hugh Mangum's photographs of Christian's Mill taken at the turn of the century. Christian's Mill was reconstructed according to Mangum's photographs as West Point Mill on the remains of the deep rock basement. The only significant deviation from the original construction was the elevation of the foundation approximately two feet to protect the structure from flooding. Materials for the reconstruction were gleaned from several mills including Gilbert's Mill in Stuart, Virginia, the source of the mill machinery. Facing east, the timber - framed three-story mill with overshot wheel, is sheathed in rough cut pine and has a tin clad gable end roof. A two-story shed roof addition is at the south elevation. in Black Meadow Creek, the head and tail races which power the mill appear to follow their original courses, parallel to and a short distance from the east bank of the Eno River. As yet, no formal archaelogical investigation has been made at this site. The blacksmith sh op is a small rectangular one-story gable -roofed building with a shed wing running the full width of the long west side. It is of timber - framed construction, sheathed in rough -cut pine boards placed vertically. The roof is covered with raised seam tin. A timber framing class conducted by waster woodwright Roy Underhill reconstructed the blacksmith shop in 1979. Although it is certain that a blacksmith shop of similar size, form and construction was located near the will in the nineteenth-century, its location is an approximation. The temporary stage is a raised platform with a flat wooden backdrop and fixed wooden awning. The picnic shelter consists of a gable roof covered with raised seam tin and supported by heavy wooden posts. Both structures were built in the late 1970s. United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form =ontinuation sheet West Point on the Eno Item number 7 Page Structures, of course, are closely related to the surrounding environment. Archaeo- logical remains, such as trash pits, wells, and structural remains, which may be present, can provide information valuable to the understanding and interpretation of the structures. Information concerning use patterns, social standing and mobility, as well as structural details are often only evident in the archaeological record. Therefore, archaeological remains may well be an important component of the significance of the structure. At this time no investigation has been done to discover these remains, but it is probable that they exist,? and this should be considered in any development of the property. p 1. McCown-Mangurn House C 2. Pack House C 3® Tobacco Barn C 4. Housesite with Foundation and Chimney C 6, Blacksmith ShcM 0 SIGNIFICANCE NATIONAL STATE X LOCAL PERIOD AREAS OF SIGNIFICANCE --CHECK AND JUSTIFY BELOW —PREHISTORIC —ARCH EO LUG Y-PRE H I STORIC —COMMUNITY PLANNING —LANDSCAPE ARCHITECTURE —RELIGION —1400-1499 X—ARCHEOLOGY-HISTORIC —CONSERVATION —LAW —SCIENCE --1500-1599 —AGRICULTURE —ECONOMICS —LITERATURE —SCULPTURE X__ARCHITECTURE X _1600-1699 —EDUCATION MILITARY —SOCIAL/HUMANITARIAN Al 700-1799 --ART —ENGINEERING —MUSIC —THEATER X I SOO- I egg X—COMMERCE X EXP LO RATI ON/SETTLE M ENT —PHILOSOPHY —TRANSPORTATION . —1 900. —COMMUNICATIONS 'INDUSTRY —POLITICS/GOVERNMENT —OTHER (SPECIFY) —INVENTION SPECIFIC DATES Late 18th centLmy, BUILDER/ARCHITECT UnknoWn — C. 184], c® 1880 STATEMENT OF SIGNIFICANCE The twenty -acre tract that is now part of the park named West Point on the Eno is important both in its own right and as an evocative reminder of Durham's rural character prior to the emergence of the city's tobacco industry in the 1860s and the accompanying rapid development. The property includes two buildings, two sites and a reconstruction associated with the community known as West Point which grew up around the grist mill established here in 1778 at Shoemaker's Ford. These are: the c. 1843 vernacular Greek Revival McCown® gum House, the Pack House, a c. 1880 board -and -batten outbuilding; a late -eighteenth century chimney which marks the site of an early miller's residence; the mill site and head and tail races; and a reconstruction of the gristmill known as the West Point Mill. From its beginning in 1778, the mill tract has passed through a succession of notable owners --men of wealth, justices of the peace, state legislators and three Durham mayors. At its heyday in the mid -nineteenth century it was the energy center of West Point, a community of approximately 300 families served by a post office, general store, grist mill, saw mill, blacksmith shop and cotton gin. Of the twenty-four mills in operation at various times since 1752, along the forty -mile length of the Eno River, a mill at West Point functioned the longest in continuous operation from 1778-1942, and today, the West Point Mill is the only grist mill on the Eno. As representatives of the West Point community, the buildings and sites recall the significance of small settlements that served as Durham County's commercial and social centers prior to the consolidation of activity in Durham at the end of the nineteenth century. CRITERIA ASSESSMENT A. Associated with the development of West Point, an antebellum mill community and rural economic and social center. In continuous operation from 1778 to 1942, the milling enterprise at West Pint was the longest lived of the twenty-four mills that once existed along the ridno River. B. Associated with the lives of a number of distinguished North Carolina citizens in- cluding three mayors of Durham, state legislators in the General Assembly, tices of the peace, postmasters, and men of wealth and influence. C. The c. 1843 McCown -Mangum House embodies the distinctive characteristics of pied- mont North Carolina vernacular Greek Revival style houses, including its two- story, single pile with ell form, wide-eaved lw-hipped roof, simple corner boards, centerhall plan and two panel doors. D. Two sites associated with the mill survive and are likely to yield information important in local history, industrial history and technological development. JORICAL BACKGROUND During the seventeenth and early eighteenth centuries, the Eno Indians, a trite of the Siouan nation, cleared and cultivated a sizeable tract of meadowlands centered around Shoexoker's Ford on the Eno River about seven miles north of the present city of Durham. The Indians had largely dispersed by the time white settlers moved into this area during the mid -eighteenth century. The new settlers found fertile land, an abundant water source and 1 an easily accessible ford --good reasons to establish their farms and gristmill here. A mill was established here by 1778, and a community, named variously for the current mill owner, grew up around it. The comffunity reached its heyday in the 1840s when it was known as West Point. A mill at West Point operated continuously from 1778 to 1942, longer than any of the other twenty-four known Eno River mills (all destroyed). West Point was a lively community of about three hundred families served by a post office, general store, gristmill, saw mill, blacksmith shop, cotton gin and still house. Approximately twenty acres remain of the extensive meadowlands originally settled by the Eno Indians and later the site of the rural West Point community which grew, flourished and began its demise while Durham was still a small, unimportant settlement. The West Point community was largely forgotten by the time the expanding city limits grew to absorb the site of the former mill community. Today, this twenty - acre tract is the site of two structures and two sites associated with the mill at West Point,and its succession of'distinguished owners. By 1752, two mills were operating a mile west of the future site of the West Point mill, but both had fallen into disuse by 1778, when Charles Abercrombie and William Thetford were granted permission to build a gristmill on the south bank of thg Eno River at Shoemaker's Ford. They owned the land on both sides of the river, and in 1789, obtained a land grant of 350 additional acres. Also that year, a new road which became party to the original Durham to Roxboro Road, was created to connect their new mill with another family mill on the Flat River in the northern part of the county. Abercrombie sold the mill property in 1786, to William Ansley, an industrious Quaker, under whose ownership the mill lands grew to 612 acres. Both Abercrombie and An�ley were justices of the peace, listers of tacxable property and men of some wealth. Ansley sold the property in 1798 to Revolutionary War veteran George Carrington under whose ownership the mill lands reached their greatest extent -- Anderson, Jean B. , et.al. "The Story of West Point," TS, located files Survey and Restoration biranch, Division of Archives and History,, Raleigh, NC. Browning, Hugh Conway, "Valley of the Eno: Some of Its Lands --Some of Its People -- Some of Its Mills," Hugh Conway Browning Papers, Manuscript Department, Duke University Library, Durham, NC. AtGEOGRAPHICAL DATA ACREAGE OF NOMINATED PR0PEATY_"PMKq1Li�Mate �2 -75 acres UTM REFERENCES Ail 7 1 61818' 1 18 101 3 9•1 66 8 8 5pj -A 1 ZONE 4ORTHING ONI EASTINd- NORTHING C11 17 1 618 8 5 5 6 3• 9 2 1 011-7 1A IR A �• • - C1. Durham County Tax Map 779, Block ls is JC; 1D I the northeast corner of Lot 2 east of Meadow Branch; and Lot 3® E. The 1976 reconstruction of the gristmill now known as The West Poi-nt Mill was based upon e4rly twentieth-century photographs of Christian's Mill located on the site, utilized the remains of the Christian's Mill foundation, and followed the timber framed construction of the earlier buildings. This is the only gristmill remaining along the Eno River, where there • were • The 1979 • •' the • shop was based upon verbal recollections of the original building and knowledge of other blacksmith shops in piedmont North Carolina. 1000 acres. Carrington, member of a wealthy local family, operated a store at his grist mill, a common practice in those days. It is possible that Carrington built the two-story house whose site is now marked by the coursed stone basement and the Flemish and c6mmon bond chimney which stands just west of the mill site. The house was a substantial log residence, and survived, in a much altered state, until it was razed in 1974. Carrington fell on hard times and sold the mill and lands in 1815 to Herbert Sims, an in-law of the Carrington family through his marripe to Nancy, the daughter of John Carrington, a very early settler in the arE-�. Herbert Sims was a justice of the peace, a representative in the General Assembly, a colonel in the local militia, a miller, manager of large farm operations and allied with two of the most powerful families in the county. After his first wife's death, Sims became a meirber of the Eno River oligarchy by marrying, in 1831, Rachel Cabe McCown, the widow of the mill owmer Moses McCown and daughter of miller owner John Cabe. John Cabe had built one of the first mills on the Eno River in 1779, had served in the Halifax Constitutional Congress in 1776, and represented Orange County in four General Asserrb 4 ies. According to local legend, each of Cabe's nine daughters married a miller. Herbert and Rachel Sims are known to have lived on the mill tract, possibly in the now destroyed two-story log house. While Sims owned the Eno Mill, it was called for years by his name --as it had been before him for the previous owners. In 1839, the mill became the location of a post office which was the most westerly mail stop on the Raleigh to Roxboro route. The location for the post office may have been a response to the considerable community of approximately 300 families which had grown up around the mill and associated general store, blacksmith shop, saw mill, cotton gin, and still. The name West Point given to the post office also became the name of the mill. In 1981, Claude Latta, an elderly Durham resident, recalled that his father, who was born in 1852, "would help fetch the mail from the mill at West Point. We've got an envelope in a trunk somewhere with a West Point posyTark on it. They wrote West Point out by hand in the post office at the Mill." The surviving mill ledgers indicated a steady trade with 314 different customers. A wide variety of,goods; were available including piece goods, thread, ladies dresses, coffins, furniture, groceries, Whiskey, books, paper and ink, qd popular patent medicines guaranteed to cure an astonishing variety of ailment % s. In 1843, during the heyday of West Point, Herbert Sims died. From this time on the large mill tract began to be subdivided. Sims' son Herbert Sims, Jr., a minor, received the mill and 700 acres of land which remained under his mother Rachel's control. Sims, Jr., apparently never controlled the mill and instead, it was managed by his hali-brother John Cabe McCown, who became, at sorr�- undetermined date, the mill owner. It is likely that John Cabe McCown built the two-story vernacular Greek Revival house, now known as the McCown -Mangum House, located in the meadow south of the mill, soon after his marriage in 1843. It is known that he and his wife lived here for many years and that McCown died in the upstairs south bed -room in 1881. While he and his family lived here the Civil War came to an end and General Sherman stationed GeneEal Hugh J. Kilpatrick's cavalry at West Point during the war's closing days. McCown managed with difficulty to keep the mill going during the lean times of the Reconstruction era, but sold a half interest in the mill to William Lipscomb in 1869. Lipscomb later became the mill owner when in 1873, he foreclosed the mortgage on the mill tract which had been reduced to forty acres through subdivision and sale. Lipscomb married McCown's daughter, Mary, two years later, thus re -associating the mill with the family which had held it for over sixty yea s. The mill and the house tracts were reunited when Lipscomb bought the home tract as well after McCown's death in 1881. Lipscomb served briefly as Durham's mayor from August, 1883 to May, 1884. McCown's son and Lipscomb's brother-in-law, Moses McCown, served as Durham's mayor from 1897 to 1903. The mill and house tract were again separated when Lipscomb sold the mil tract to W.J. Ch.5istian in 1888, the same year in which Christian became the mayor of Durham. The mill was popularly known as Christian's Mill for many years, long after he sold it in 1909 to J.A.V. Hopkins. Christian's Mill was popular place for baptisms and picnics at the turn of the century and was featured on a local picture postcard of that era. Lipscomb sold the house tra of 177 acres to Presley J. Mangum in 1889. The Mangum family is one of the oldest in Durham county. Presley J. Mangum was an early Durham postmaster, a cabinetmaker and the owner of a window -sash, door, and blind factory in downt Durham. In 1893, Mangum moved out of the booming town of Durham to the rural quiet of West Point, a community gradually losing its identity and importance a social.and industrial'center. Durham's historian William Boyd gave only passing notice to the once thriving community in his 1925 The Story of Durham. He wrote: I "Nearer to the present city of Durham ... was West Point, at the crossing of two roads. Although in 1865, a wing of Sherman's Army was stationed at this place, all memory of it has passed from the minds of the poeple, and I have found no one who can tell the story of its people and their interests." Another locally prominent Mangum family member was Presley's eldest son, Hugh, already a talented young photographer when he moved with his family to west Point at the age of sixteen. During the next twenty-nine years, until his death Continuation shoot West Point on the Eno Item number 8C Page 3 from pneumonia in 1922, he traveled throughout the southeast photographing blacks anO whites, children at play, workers in the field, and scenes around the family home by the Eno, intluding the earliest known photographs of the mill, taken around the turn of the century. His photographs exhibit a lively sense of humor and a fascination for the colorful —for gypsies and showgirls costumed in lavish clothes and extraordinary hats. About 500 well-preserved glass negatives were discovered in the Pack House in the late .•1 This discovery did much to spur community interest in the history of West Point and in the restoration of the McCown-Manyr House and Pack House, surviving structures associated with the mill community. Descendants of the Mangum family continued to live in the house until •:. Details are sketchy on the mill's operation from 1888 to 1942. According to a 1909 letter from Mrs. P.J. Mangum to her son Hugh, W.J. Christian leased the mill to an unnamed third party for thirty dollars a year until 1909, when J.A.V. Hopkins bought it. Hopkins operated the grist mill and also raised and sold pigeons on the property. Hopkins died intestate and �Is heirs sold the property to the Southern Realty and Agency Company in 1935. The name of the last miller is not known; local historians however, recorded that the mill functi?qed until 1942, when a flood cracked the dam, rendering the mill inoperable. In 1972, the City of Durham acquired both the mill and residence from Erwin Industries which bought the property hoping to develop multi -family housing to accomodate rapid residential and commercial growth in this portion of the city. The city then established a forty -acre park centered around the mill and the residence, creating a highly desirable, large green space near thickly settled new subdivisions and a major shopping mall. The McCown -Mangum House was restoret by the Junior League of Durham in 1976 as a house museum. It is furnished with many pieces of Mangum family furniture, art and photographs. The derelict mill stood until the winter of 1973, xfnen it collapsed during a freshet, but not before the building was carefully documented with photographs and drawings. The mill was reconstructed in 1976, under the auspices of the Friends of West Point, Inc., a citizen advisory board to the Durham Parks and Recreation Department. The reconstruction utilized the remainder of the Christian's Mill foundation materials at its original site and the head and tail races. The Pack House is in the process now of renovation for use &s a photographic museum where Hugh Mangum's cameras, studio props, and photographs will be displayed. 1 North Carolina Department of Natural Resources and Community Development, Division of Parks and Recreation, Master Planning Unit, Eno River State Park Master Plan, (Raleigh: 1979), p.3; see also Eno, Vol. 4, No. 2 (Autumn, 1976) . 2 Jean Bradley Anderson, Hugh Conway Browning, Mary Claire Engstrom, Margaret C. Nygard, "The Story of West Point," TS, (n.p.: 1972), p.10. A copy of this invaluable, well documented typescript is located in the files of the Survey and Restoration Branch, Division of Archives and History, Raliegh. An abbreviated copy is located in the office of the McCown -Mangum House at West Point on the Eno, Durham. Hereinafter cited as Anderson, "The Story of West Point." For general information on gristmills and the mills of the Eno River Valley see Eno, Vol.7. Special issue: Papers from the seminar on waterwheels and windmills held in Durham, North Carolina, July, 1978 in the Bicentennial year of West Point on the Eno. I 3 Anderson, "The Story of West Point," p.11. 4 Anderson, "The Story of West Point," p.12. 5 Eno River calendar, October, 1981. The Eno River Association publishes an annual calendar focusing on a different aspect of the river's history each Vear. The calendars, published since 1972, are lavishly illustrated and well tocumented. 6 Anderson, "The Story of West Point," pp.13-14. 7 Anderson, "The Story of West Point," p.14. 8 Anderson, "The Story of West Point," p.15. See also "The McCown-Manglxn House (a short guide)", TS, (n.p.:n.d.), copies located in the North Carolina Room, Durham County Public Library, Durham and at the McCown -Mangum House, West Point on the Eno. This is a docent's guide, probably written in 1978. 9 Anderson, "The Story of West Point," p.16. See also Hugh Conway Browning, "Valley of the Eno: Some of Its Lands —Some of Its People —Some of Its Mills," TS, Hugh Conway Browning Papers, 1973-c.1975, Manuscript Department, Dukc; University Library, Durham, North Carolina. Hereinafter cited as Browning, "Valley. 10 David Page, "The Darkroom in the Pack House," Eno, 3, No.1, (1975), P-3. See also "The Hugh Mangum Museurrhof Photography," brochure c.1978, published by the Associates of the Friends of West Point, copies available at the McCown -Mangum House, West Point on the Eno. 11 Anderson, "The Story of West Point," pp.49-50. 12 Browning . , "Valley", p.3® 28 µ C� 7 i lrt �3 t' � 305,0 �Q) 6 P/A 310 i �57��'t� i0�. +r{.- X - - - r _ PT �It - l� 11 1 ;—� ' t /P/A v P/A J 00 1 - 1k f , /A 1 / C � � � � t l �� ` 11 11 % �' � Q f 350,3 CII PARKINGI AREA � . �, - � 1 C3 I 1 v i j A 1 349.2 349.2��a, 1 3517 Cd - �. 1 ��4 `� •" f 1J P/A /`L P/A 33 4-3 n Ct$ P/A 44.9 r \ ` X ,1 320 P/A \\ - P/A 344.6 -34f)- 33ZG - > \ X W tip � � ` .�� n. v }334.7 E-4 cd 332 - �f o �' I to +bD I Pi x 3 f l � i " j0 1Av 42 /ter LI L. o r ias12J ;l � � L � t { 'ffi os�t .t �'7a s1=,✓ I l f�� 71 coo L f � ' F i G Ir Lg� 4� t[ o ra 1 1 / c g %Ll ,��\ qD fIj t . _ 06ZE6 UGH889 'LT °ct / o OS�� i OU 6o E O S889 " LT N` OSLE66UOSE889 •LT '9 1 599E66UNT889 ELT "V OLrq @t Lt0 4U Od-.SED(vj - t ail ,��,,pt��'q �, •V 1 ,(y �.� r%..����06£ �t l,„_1L t!rc//�����r�)�)_ �'/r21' ���.-_ ) ��S�n✓).' /r fly r"�; � �. It � , � _� ,yid " .. �'�� a'� �/LS-- : 1 � I�w/ � ; � j ` = = ' —lr� i ,; � � 1 i(/ • ) l8 ,I` j "A -' •tl � (( t 11 i�� � � � l � f/ rr ` _ T , _ ',i)/(� �''�� it j� _ r \ r 41, .. Ail t i 's+�` 9 R .k ,, J'.�; y% i t) ('..* -',�'' �t(" I -- �• �I l.'��.i# 1� �'��' ' _ �! 1 * 1.f � j✓'.d. �.�v---'k�" { — t'3 rj �F'> F .h-�iilt� y 1�:." �U�l r` / "1 1"� r.- ; # �� �; � jf ,r`� �^i�il� -p.-.� ,, , " �-� �' ;+ t ',� f"� =�._ i {'"' - _ ' = = . �' � , r . _ 1,. } � 1j�t� ...-� "_"" t,"`. *�..�'c r` €� t •-- , i C Ct,4 £ •J1..v� ',-w,.'d"L.xcs- a a . I o ENO o�o�aooxaapo���4�0�00000�0 -- Q£ � �f North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton April 20, 2020 Office of Archives and History Deputy Secretary Kevin Cherry Deborah Shirley dshirle)�&sandec.com Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Re: Develop Westpoint residential homes, 5001, 5011, 5003 North Roxboro Street, Durham, Clayton, ER 20-0638 Dear Ms. Shirley: Thank you for your letter of March 11, 2020, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, amona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-1617 Telephone/Fax: (919) 807-6570/807-6599 Contact Name* Deborah Shirley Contact Email Address* dshirley@sandec.com Project Owner* Point Ridge Park LLC Project Name* Westpoint Project County* Durham Owner Address:* Street Address 388 Old Piedmont Circle Address Line 2 aty Chapel Hill Postal / Zip axle 27516 Is this a transportation project?* C Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes c: No State / Province / Pegion NC Country USA 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.* This project is a proposed mixed single-family and multi -family residential development located at 5001 N. Roxboro Street in Durham, NC. The proposed project incudes the construction of residential lots, roadway infrastructure, utilities, greenway, and SCMs. There are proposed wetland, stream, and riparian buffer impacts associated with this project. The project area is mainly heavily wooded land. This project is located to the west of N. Roxboro Street and north of some residential developments. Please give a couple of dates you are available for a meeting. 2/2/2021 2/3/2021 2/4/2021 2/5/2021 2/8/2021 Please attach the documentation you would like to have the meeting about. Westpoint - Overall Site Plan Submittal - 2019- 1.69MB 11-18.pdf 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. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 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 2/1/2021 Strickland, Bev From: laserfiche@ncdenr.gov Sent: Thursday, March 4, 2021 12:00 AM To: dshirley@sandec.com Cc: Goss, Stephanie Subject: Pre -Filing Time Clock has been reached for Westpoint - 20210224 Ver 1 Attachments: DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Westpoint that you submitted on 2/1/2021. The ID number for that project is 20210224, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. ID#* 20210224 Version* 1 Regional Office* Raleigh Regional Office - (919) 791-4200 Reviewer List* Stephanie Goss Pre -Filing Meeting Request submitted 2/1/2021 Contact Name * Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Deborah Shirley dshirley@sandec.com Westpoint Point Ridge Park LLC Durham Street Address 388 Old Piedmont Circle Address Line 2 aty Chapel Hill Rbstal / Zip Code 27516 Is this a transportation project?* r Yes r No State / Frovince / Region NC Country USA Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express r- Individual Permit r- Modification r- Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No 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. This project is a proposed mixed single-family and multi -family residential development located at 5001 N. Roxboro Street in Durham, NC. The proposed project incudes the construction of residential lots, roadway infrastructure, utilities, greenway, and SCMs. There are proposed wetland, stream, and riparian buffer impacts associated with this project. The project area is mainly heavily wooded land. This project is located to the west of N. Roxboro Street and north of some residential developments. Please give a couple of dates you are available for a meeting. 2/2/2021 2/3/2021 2/4/2021 2/5/2021 2/8/2021 Please attach the documentation you would like to have the meeting about. Westpoint - Overall Site Plan Submittal - 2019- 1.69MB 11-18.pdf 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 Submittal Date 2/1/2021 ID#* 20210224 Version* 1 Regional Office* Raleigh Regional Office - (919) 791-4200 Reviewer List* Stephanie Goss Pre -Filing Meeting Request submitted 2/1/2021 Contact Name * Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Deborah Shirley dshirley@sandec.com Westpoint Point Ridge Park LLC Durham Street Address 388 Old Piedmont Circle Address Line 2 aty Chapel Hill Rbstal / Zip Code 27516 Is this a transportation project?* r Yes r No State / Frovince / Region NC Country USA Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express r- Individual Permit r- Modification r- Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No 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. This project is a proposed mixed single-family and multi -family residential development located at 5001 N. Roxboro Street in Durham, NC. The proposed project incudes the construction of residential lots, roadway infrastructure, utilities, greenway, and SCMs. There are proposed wetland, stream, and riparian buffer impacts associated with this project. The project area is mainly heavily wooded land. This project is located to the west of N. Roxboro Street and north of some residential developments. Please give a couple of dates you are available for a meeting. 2/2/2021 2/3/2021 2/4/2021 2/5/2021 2/8/2021 Please attach the documentation you would like to have the meeting about. Westpoint - Overall Site Plan Submittal - 2019- 1.69MB 11-18.pdf 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 Submittal Date 2/1/2021 MATCH LINE C-X.1MATCH LINE C-X.4MATCH LINE C-X.3MATCH LINE C-X.2MATCH LINE C-X.2 MATCH LINE CX.5MATCH LINE CX.4MATCH LINE 2/C-X.5 MATCH LINE 1/C-X.5 MATCH LINE C-X.3 MATCH LINE C-X.2 DEVELOPMENT QUANTITIES: PRE-DEVELOPMENT TRACTS 3&4 AREA POST DEVELOPMENT TRACTS 3&4 AREA - PRE-DEVELOPMENT TRACTS 3&4 IMP. POST DEVELOPMENT TRACTS 3&4 IMP. - 361,752 SF / 8.30 Ac - 286,733 SF / 6.58 Ac - 31,276 SF / 0.718 Ac / 8.65% - 23,611 SF / 0.542 Ac / 8.23% PROPOSED LOT AREA = 58,836 SF (1.35 AC) Sheet Number Sheet Title: Revisions Date Checked Drawn Project: Job Number: 1801 111 West Main Street Durham, N.C. 27701 p 919.682.0368 f 919.688.5646 www.cjtpa.com 7-9-19 PBR, JSA PBR, MDC, MTC 5001 North Roxboro St. WESTPOINT FOR SITE PLAN REVIEW ONLY NOT FOR CONSTRUCTION SITE PLAN SITE PLAN SUB. #1 11-18-19 SITE PLAN SUB. #2 CONNECTIVITY DIAGRAM NO SCALE