20211593 Ver 1_ePCN Application_20211102

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mrlsloa of ware. Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
Version#*
20211593
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - [phone]
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
NC-55 and Hopson Road Site
la. Who is the Primary Contact?*
William Sullivan
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
11/2/2021
Nearest Body of Water
Northeast Creek
Basin
Cape Fear
Water Classification
WS-IV:NSW
Site Coordinates
Latitude: Longitude:
35.871109-78.899202
A. Processing Information u
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
Yes No

ID#
Version
Pre -fling Meeting or Request Date
10/1 /2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
NC55_Prefiling.pdf
File type must be PDF
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional 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:
1f. Is this an after -the -fact permit application?"
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Scannell Properties #539, LLC (Under Contract to Purchase)
2b. Deed book and page no.:
N/A
2c. Contact Person:
Joel Scannell
121.89KB
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d.Address
Street Address
1800 Diagonal Road
Address Line 2
Suite 600
City
Alexandria
Postal / Zip Code
22314
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
William Sullivan
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
City
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
City of Durham
2. Project Identification
State / Province / Region
Virginia
Country
United States
2f. Fax Number
State / Province / Region
North Carolina
Country
United States
4e. Fax Number
2a. Property Identification Number:
0737-03-12-0698; 0737-03-21-4913; 0737-03-
11-3560; 0727-04-72-8558;0737-03-11-6682;
0737-01-43-4023.DW; 0737-11-60-1224.DW;
0737-20-18-9266.DW; 0727-81-21-4813.DW;
2b. Property size:
0727-04-82-9266
241
2c. Project Address
Street Address
Address Line 2
City
State / Province / Region
Postal / Zip Code
Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:'
Northeast Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV;NSW
3c. What river basin(s) is your project located in?*

Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020605
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The approximately 241-acre project site is situated between NC-55, Grandale Drive, Green Level Church Road, and Northeast Creek along the southeastern boundary of Durham County,
INC. The project site is bordered by maintained roadway corridors along the eastern boundary (NC-55) and southern boundary (Green Level Church Road) and Northeast Creek along the
northern and western boundaries. The arrea immediately north of the site is part of the Jordan Lake Gamelands managed by INC Wildlife Resources Commission and owned by the US
Army Corps of Engineers. The western portion of the project site is composed of maintained pine forests and the eastern portion of the project site exists as a relic clay mine with a large
quarry and an unimproved road network. Land use in the project vicinity consists of undeveloped forested tracts with pockets of commercial, recreational, institutional, and single-family
residential developments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
4.3 acres
4g. List the total estimated linear feet of all existing streams on the property:
1675 linear feet
4h. Explain the purpose of the proposed project:"
The purpose of the proposed project is to construct an industrial development in southeast Durham County, INC.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The project proposes to construct an industrial development consisting of 5 buildings and associated parking lots, trailer lots, and multiple stormwater treatment ponds. The proposed
industrial buildings will serve as distribution centers, storage warehouses, and other light industrial uses. The proposed project will include the mass grading of the site and filling of the
relic mine quarry, the extension of Hopson Road, and construction of the proposed industrial buildings and associated infrastructure. Hopson Road will be extended through the site and
serve as the primary entrance to the development and will terminate at a cul-de-sac in the southwestern corner of the project. In addition, a secondary driveway connection into the site will
be constructed along Green Level Church Road. Typical site preparation and construction equipment will be utilized including but not limited to bulldozers, excavators, graders, cranes,
dump trucks, and pavers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-00064
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): William Sullivan & Jason Hartshorn, PWS
Agency/Consultant Company: Kimley-Horn
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
An Approved and Preliminary Jurisdictional Determination (SAW-2021-00064) was issued by April Norton of the USACE
on April 7, 2021. A Stream Determination Letter (COD Jordan # 2021-011) was issued by Travis Marion of the City of
Durham on May 1, 2021.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
The proposed project is a single and complete undertaking and no additional phases are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts

Site 1
2a1 Reason (?)
Roadway
2b. Impact type*(?)
P
2c. Type of W.
Headwater Forest
2d. W. name*
J
W11
2e. Forested*
Yes
2f. Type of Jurisdicition"
I ?)
Both
29. Impact
area*
0.340
(acres)
Site 1
Construction Access
T
Headwater Forest
W11
Yes
Both
0.080
(acres)
2g. Total Temporary Wetland Impact
0.080
2g. Total Wetland Impact
0.420
2g. Total Permanent Wetland Impact
0.340
21. Comments:
Unavoidable permanent impacts to wetland W11 will result from the proposed project. Permanent impacts to wetland W11 will result from the necessary
grading and filling to construct the proposed roadway within the site and the installation of 2 66" RCP culverts. Temporary impacts to W11 will also occur
at Site 1 as a result of the access required to construct the proposed roadway. All temporarily impacted areas will be returned to pre-existing conditions
upon completion of the project.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to the wetlands and streams within the project site were avoided and minimized to the extent practical throughout the design of the project. The
proposed roadway crossing has been intentionally located to cross W11 near perpendicularly to reduce the total amount of impacts, and has been
designed to curve through the site to avoid impacts to jurisdictional features. Grading was designed and tightened to the extent feasible to minimize the
proposed impacts to wetland W6 and a headwall will be installed on the proposed culverts to further shorten the length of impact. Multiple retaining walls
are proposed throughout the project in order to avoid additional impacts to wetlands and wetlands. The proposed buildings and facilities have been
located entirely in upland areas outside of jurisdictional features.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to the jurisdictional features within the project area will be minimized and avoided to the extent practical throughout the construction process.
Except where permitted, staging and construction access routes will be located in upland areas throughout the project area. Silt fencing will be installed
around the construction site to help ensure that all equipment will remain within the permitted limits of disturbance throughout the construction process.
Temporary erosion and sediment control measures will be used to reduce construction stormwater impacts to receiving waters and minimize runoff from
the
construction site.
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?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Black Bull Stream and Wetland Umbrella Mitigation Bank (KCI Technologies, Inc.)
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.48
3c. Comments
Compensatory mitigation has been proposed for unavoidable impacts to wetland W11 at a 2:1 ratio. To offset these losses, a portion of the wetland
credits have been reserved through the Black Bull Stream and Wetlands Umbrella Mitigation Bank that is sponsored by KCI Technologies, Inc. The
Statement of Availability from the mitigation bank has been included as part of this application. The balance of the wetland credits have been secured
through the NCDMS ILF Program.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
U

4b. Stream mitigation requested:
(linear feet)
4c. If using stream mitigation, what is the stream temperature:
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4e. Riparian wetland mitigation requested:
(acres)
0.10
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Compensatory mitigation has been proposed for unavoidable impacts to wetland W11 at a 2:1 ratio. To offset these losses, a portion of the wetland
credits have been reserved through the NC Division of Mitigation Services (DMS) In -Lieu Fee program. The NCDMS ILF Acceptance Letter has been
included as part of this application. The balance of the credits have been secured through a third -party private mitigation bank.
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.
Yes No
6b. If yes, then identify the square feet of impact.
rReason for impact 6d. Total impact (square Multiplier 6e. Required mitigation
for impact
feet) (square feet)
Cone 1 011 0
Zone 2
6f. Total buffer mitigation required
0
0
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
Buffer impacts will be permitted through the City of Durham as the delegated local municipality in the Jordan Lake Watershed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
0
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes 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?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phasell NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Durham

Comments:
The proposed project will receive stormwater approval from the City of Durham, the state -approved local government stormwater program, prior to construction. The attached preliminary
plan sheets show the proposed SCM devices that have been sized to treat and remove a minimum of 30 % of the total nitrogen and phosphorous from the stormwater generated from the
proposed
development.
Stormwater generated from the site will be captured and treated in constructed stormwater ponds. The proposed SCMs have been
sized to treat the stormwater generated from the proposed project and will comply with the City of Durham's state -approved
stormwater program.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes 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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?"
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed development is a single and complete project. Construction of the proposed project will not result in cumulative impacts or additional
development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The proposed development will be serviced by a pump station and force main sanitary sewer system that will tie into existing lines adjacent to the site
along NC-55 and no offsite utility extensions are required. Sewer connection approval will be obtained from the City of Durham prior to construction.
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?'
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?'
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
As of October 15, 2021, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists three species with potential
to occur within the project vicinity. The bald eagle (Haliaeetus leucocephalus) also has potential to occur in the project vicinity and is protected under the
Bald and Golden Eagle Protection Act (BGPA). Kimley-Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence database
(updated October 2021) to determine if there are any known occurrences of federally protected species in the project study area or its vicinity. The
NCNHP database records indicate that there are no known occurrences of any federally protected species in or within 1.0 mile of the project study area.
6. Essential Fish Habitat (Corps Requirement)

6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Essential Fish Habitat Mapper was reviewed on October 15, 2021. No essential fish habitat was identified within the project site or within the
vicinity of 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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on October 15, 2021 identified no national
register, study list, or determined eligible sites within the project study area.
Due to the lack of known historical and cultural resources within the Site and the lack of National Register, Study List, and Determined Eligible resources
within 1.0 mile of the Site, as indicated by the NCSHPO HPOWEB GIS Database (accessed October 2021), it is anticipated that the proposed project
will not have any impact on known historic or cultural resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
The FEMA Digital Flood Insurance Rate Map (DFIRM) panels 3720072700K (Effective 02/02/2007) and 3720073700J (effective 05/02/2006) indicates
there are 1 % Annual Chance Flood Hazard (Zone AE) and Future Conditions 1 % Annual Chance Flood Hazard along Northeast Creek; however they
are located outside of the project limits of disturbance.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
01_NC55_Cover_Letter.pdf 9.82MB
File must be PDF or KMZ
Comments
Please refer to the attached cover letter for detailed project information and documents.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the INC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the INC 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:
William Sullivan
Signature
wlgz l/7G �
Date
11/2/2021

Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:
Is this a transportation project?*
William Sullivan
[e-mail]
Scannell Properties, LLC; ATTN: Andrew Smith
Triangle Brick Site
Durham
Street Address
1800 Diagonal Road
Address Line 2
Suite 600
City
Alexandria
Postal / Zip Code
22314
Yes - No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - 401 Water Quality Certification -
Regular Express
Individual Permit Modification
Shoreline Stabilization
Does this project have an existing project ID#?*
Yes No
State / Province / Region
VA
Country
USA
Do you know the name of the staff member you would like to request a meeting with?
Stephanie Goss, Rick Trone

Please give a brief project description below and include location information.*
On behalf of Scannell Properties, LLC, Kimley-Horn is submitting this
pre -filing meeting request for the proposed Triangle Brick project
located in Durham, Durham County, NC. The project proposes to
construct a multi -building industrial development with parking lots,
internal driveways, and other amenities on an approximately 241-acre
tract of land located west of the NC-55 and Hopson Road intersection,
north of Green Level Church Road, and south of Northeast Creek. The
site is located within the Jordan Lake Watershed in the Cape Fear
River Basin (03030002).
Travis Marion with the City of Durham Stormwater Development
Review Group conducted a site visit on April 26, 2021 to identify which
features are subject to the Jordan Lake Watershed Buffer Rules.
Additionally, April Norton (USAGE) issued a Preliminary and Approved
Jurisdictional Determination for the site on April 7, 2021.
The proposed development project would result in unavoidable
impacts to two 404/401 wetlands. It is anticipated that impacts
resulting from the proposed project will qualify for authorization under
Nationwide Permit #39 and will require a corresponding Individual 401
Water Quality Certification. Additionally, impacts are anticipated to
excluded non-404 jurisdictional features that will be permitted
separately under a State General Permit. Riparian buffer impacts
resulting from the proposed project will be permitted through the City
of Durham.
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 10/1/2021

Kimley>»Horn
November 1, 2021
Ms. April Norton
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mr. Rick Trone
NC Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
RE: Nationwide Permit 39 Application — NC-55 and Hopson Road Site
SAW-2021-00064; COD Jordan #2021-011
Durham, Durham County, North Carolina
Dear Ms. Norton and Mr. Trone:
On behalf of our client, Scannell Properties #539, LLC, Kimley-Horn is submitting the attached
application for authorization under Nationwide Permit (NWP) 39 for the above referenced project in
Durham County. Scannell Properties is proposing to construct an industrial development within an
approximately 241-acre site composed of 10 individual parcels situated between NC-55, Grandale
Drive, and Northeast Creek in the southeastern portion of Durham County, NC (the "Site").
The proposed development would construct 5 buildings and associated parking lots, trailer lots, and
infrastructure as well as an extension of Hopson Road. The Hopson Road extension would be
constructed to serve as the primary entrance to the new development and will terminate at a cul-de-
sac in the southwestern corner of the Site. Kimley-Horn staff delineated the Site on February 4, 2021
and identified seven jurisdictional streams and eleven jurisdictional wetlands. Additionally, 1 excluded
non-404 jurisdictional perennial stream and 4 excluded, non-404 jurisdictional wetlands were
identified within the Site. The eastern portion of the Site was historically utilized for a clay mining
operation and contains a large manmade quarry and a constructed borrow pit. Both of these features
were determined to be manmade and disconnected from downstream jurisdictional waters and
therefore non -jurisdictional. A combination Approved and Preliminary Jurisdictional Determination
(SAW-2021-00064) was issued by April Norton of the USACE on April 7, 2021. In addition, a Stream
Determination Letter (COD Jordan # 2021-011) was issued by Travis Marion of the City of Durham on
May 1, 2021 which identified the streams and open waters that are subject to the Jordan Lake
Watershed Riparian Buffer Rules.
The proposed project has been designed and located to avoid and minimize impacts to jurisdictional
features to the extent practical. However, the project will result in unavoidable impacts to wetland
W11 from the construction of the roadway through the southern portion of the Site. Approximately
0.34-acre of permanent impacts to W11 will result from the necessary fill to construct the roadway

Ki m ey >>> H o r n Page 2
and the installation of 2 66-inch RCP culverts below the roadway and the associated rip rap dissipator
pads. The culverts have been sized to facilitate water from the W11 drainage area. Additionally, 0.08
acre of temporary impacts will result at Site 1 due to the temporary access required to construct the
proposed roadway. All temporarily impacted areas will be returned to pre-existing conditions upon
completion of the project. In total, the project proposes 0.34 acre of permanent impacts to wetland
W11 and 0.08 acre of temporary impacts to wetland W11 at Site 1.
The proposed project will result in unavoidable impacts to the Jordan Lake Watershed Riparian Buffer
Zones 1 and 2 as a result of the proposed roadway. These impacts will be permitted through the City
of Durham as the delegated local municipality within the Jordan Lake Watershed.
To offset the 0.35 acre of unavoidable permanent wetland impacts, the project has reserved
compensatory mitigation through the NC Division of Mitigation Services (NCDMS) In -Lieu Fee
program and through the Black Bull Stream and Wetland Umbrella Mitigation Bank sponsored by KCI
Technologies, Inc. Mitigation has been proposed at a 2:1 ratio and the NCDMS Acceptance Letter
and the Statement of Availability from KCI Technologies, Inc. providing a combined total of 0.68 acre
of wetland credits have been included as part of this PCN application package.
To assist in your review of this NWP application, the following information has been appended to this
cover letter:
APPENDIX
SECTION
DOCUMENT
Appendix 1
Section B (4)
Agent Authorization Letter
Appendix 2
Section C (1-4)
Figure 1: Vicinity Map
-
-
Figure 2: USGS Topographic Map
-
-
Figure 3: Jurisdictional Features Map
Figure 4: NRCS Soil Survey of Durham
County
Appendix 3
Section D
Figure 5: Permit Drawings Overview
Figure 5.1: Permit Drawings Impact
Site 1
Appendix 4
Section C (5)
Approved/Preliminary Jurisdictional
Determination (SAW-2021-00064)
Stream Determination Letter (COD
Jordan # 2021 -011 )
Appendix 5
Section E (3 & 4)
KCI Statement of Availability
NCDMS ILF Acceptance Letter
Appendix 6
-
Conceptual Site Plan

Kimley»>Horn
Page 3
If you need any additional information to assist in your review of this NWP application, feel free to
contact me at 919-677-2113 or [e-mail].
Sincerely,
GLJ g7�
William Sullivan
Attachments

Kimley»>Horn
Appendix 1
Section B (4)
Agent Authorization Letter

AGENT AUTHORIZATION FORM
Name: Andrew Smith
Address: 1800 Diagonal Rd. Suit 600 Alexandria VA 22314
Phone: [phone]
Project Name/Description: NC-55 and Hopson Road Site; Durham County Parcels: 0737-20-18-
9266.DW, 0737-11-60-1224.DW, 0737-01-43-4023.DW, 0737-03-11-3560, 0737-03-11-6682, 0737-
03-12-0698, 0727-04-82-9266, 0727-04-72-8558, 0727-81-21-4813.DW, 0737-03-21-4913
Date: 2-11-21
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Ms. April Norton
Field Office: Raleigh Regulatory Field Office
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
Scannell Properties, LLC hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in
my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations,
Section 404 permits/Section 401 Water Quality Certifications applications, and Neuse River Basin
Riparian Buffer Authorizations, and to furnish upon request supplemental information in support of
applications, etc. from this day forward until successful completion of the permitting process or
revocation by the owner.
In addition, I, the undersigned, a duly authorized optionee of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter
upon the property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the
Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Authorized this the llth day of February 2021
Andrew Smith di
Responsible Party's Name
Cc: Paul Wcjoski
NC Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Responsible Party's Signature

Kimley»>Horn
Appendix 2
Section C (1-4)
NC-55 & Hopson Figures

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Appendix 3
Section D
Permit Drawings

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Appendix 4
Section C (5)
Jurisdictional Determination &
Stream Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00064 County: Durham County U.S.G.S. Quad: Northeast Durham
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Scannell Properties, LLC.
Attn: Amanda Henry
Address: 1800 Diagonal Road, Suite 600
Alexandria, Virginia 22314
Telephone Number: [phone]
Size (acres) —241 Nearest Town Durham
Nearest Waterway Panther Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 36.018023
Longitude:-78.834494
Location description: The project site is approximately 241 acres located adjacent to North Carolina Highway 55 and
Hopson Road in Durham, Durham County, North Carolina. The preliminary portion of this determination is highlighted on
the attached "Wetland and Stream Map" enclosed in the red polygon. The approved portion of this determination is
highlighted on the attached "Wetland and Stream Mad' enclosed in the yellow polygon.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 2

SAW-2021-00064
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact April Norton at [phone] or
Ap ri1.RNo rton(a,usace. army.mil.
C. Basis for Determination: See the attached Preliminary Jurisdictional Determination form and
Approved Jurisdictional Determination form, dated 4/7/2021.
D. Remarks: None.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the site identified in this request. This delineation
and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as
amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the
applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.

SAW-2021-00064
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: 4/7/2021
Expiration Date of AJD: 4/7/2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136*0.
Copy Furnished:
Kimley-Horn
Attn: William Sullivan
421 Fayetteville Street Suite 600
Raleigh, North Carolina 27601

SAW-2021-00064
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Scannell Properties, LLC.
File Number: SAW-2021-00064
Date: 4/7/2021
Attn: Amanda Henry
Attached
is:
See Section below
INITIAL PROFFERED PERMIT IStandard Permit or Letter of permission,
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoiyProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2021-00064
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
US Army Corps of Engineers
Attn: April Norton
South Atlantic Division
Raleigh Regulatory Office
Attn: Mr. Philip A. Shannin
U.S. Army Corps of Engineers
Administrative Appeal Review Officer
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street SW, Floor M9
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN (&USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the appeal process. You will be provided a 15-day notice of any
site investi ation and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: April Norton, 3331 Heritage Trade Drive, Wake Forest,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone], PHILIP.A.SHANNIN(&USACE.APMW.MIL

DURHAM
I N
1869
CITY CF MEDICINE
CITY OF DURHAM
Department of Public Works
Stormwater Services
101 City Hall Plaza I Durham, NC 27701
919.560.4326 1 F 919.560.4316
www.durhamnc.gov
May 01, 2021
Via E-mail
William Sullivan
Kimley-Horn.com
421 Fayetteville Street, Suite 600
Raleigh, NC 2601
William. Sullivangkimley-hom.com
SUBJECT: NC-55 and Hopson Road Site
REFERNCE: COD Jordan # 2021-011
Project Name
NC-55 and Hopson Road Site
PIN
0727-81-21-4813.DW, 0727-04-72-8558, 0727-04-82-9266, 0737-03-12-
0698, 0737-01-43-4023.DW,0737-11-60-1224.DW, 0737-03-11-3560,
0737-03-11-6682, 0737-03-21-4913, 0737-20-18-9266.DW
Parcel ID
151303, 151290, 151278, 151275, 151271, 213507, 151272, 151274,
154056,213508
Location/Directions
6519 NC 55 HWY, 11803 Green Level Church Road, 6622 S Alston Ave.
Sub Stream
Northeast Creek
Date of Determination
4/26/2021
Table 1. Stream Feature Determination NC-55 and Hopson Road Site
Not
Stream
Soil
USGS
Feature
Subject
Subject
Start @
Stop @
Type
Survey
Topo
A
X
Southwestern Project
See Consultant's USGS
Perennial
X
X
Boundary
Topographic Map
B
X
Western Project
See Consultant's NRCS
Ephemeral
X
Boundary
Soils Map
C
X
Northern Project
See Consultant's NRCS
Ephemeral
X
Boundary
Soils Map
D (S6)
X
Exiting Consultant's
Entering Consultant's
Perennial
X
X
W11 on Site Map
W10 on Site Map
S5*
X
Confluence with
Intermittent
See Site Map
Feature D
S7 *
X
Exiting Consultant's
Northwestern Project
Intermittent
W13 on Site Map
Boundary
E
X
Feature does not Exist
N/A
Ephemeral
X
F
X
Feature does not Exist
N/A
Ephemeral
X
G
X
See Consultant's OW1
See Consultant's OW1
Ephemeral
X
Marker on Site Map
Marker on Site Map
Exiting Consultant's
Confluence with
H
X
W2 Marker on Site
Consultant's W7 Marker
Ephemeral
X
Map
on Site Map
I (S8)
X
Outside Southeast
Continues Away from
Perennial
X
Project Boundary
Project Area
J
X
See Feature J on Site
Confluence with
Ephemeral
X
Map
Feature H

Stream Determination — NC-55 and Hopson Road Site Page 2 of 3
See Feature K on Site
Confluence with
K
X
Map (Consultants Flag
Consultant's W7
Intermittent
X
S3-1INT0RG)
Feature.
L(S4)
X
See Consultant's S4
See Consultant's S4
Perennial
X
X
Marker on Site Map
Marker on Site Map
S13*
X
See Consultant's S13
Confluence with
Intermittent
Marker on Site Map
Consultant's S4 Marker
M
X
Feature M does not
N/A
Ephemeral
X
X
(Pond)
Exist
N
X
Feature N does not
N/A
Ephemeral
X
X
Exist
O
X
See Consultant's USGS
N/A
Ephemeral
X
*Kicked in by consultant upon field evaluation
Wetlands are evaluated by the City of Durham Planning Department. If a wetland is
suspected to exist within or in close proximity to the project area, contact Bo Dobrzenski
([e-mail] or 919-560-4137 ext. 28230) to determine wetland
setbacks.
Explanation: The feature(s) listed on the attached Table 1 have been located on the Soil Survey
of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at
a 1:24,000 scale, or was determined to be subject per section 8.5(B)(4) of the Durham Unified
Development Ordinance. Each feature that is checked "Not Subject" has been determined not to
be a stream. Features that are checked "Subject" possess characteristics that qualify it to be a
stream. There may be other streams located on your property that do not show up on the maps
referenced but, still may be considered jurisdictional according to the US Army Corps of
Engineers (USACE) and the Division of Water Resources (DWR), or both.
This on -site determination shall expire five (5) years from the date of determination in this
letter. Landowners or affected parties that dispute a determination made by the City of
Durham may request a determination by DWR. An appeal request must be made within
sixty (60) calendar days of the date of this letter or from the date the affected party
(including downstream and/or adjacent owners) is notified of this letter. A request for a
determination by DWR shall be referred to them in writing c/o Karen Higgins, 401 and
Buffer Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Durham — Where Great Things Happen

Stream Determination — NC-55 and Hopson Road Site Page 3 of 3
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This determination is final and binding unless, as detailed above, you ask for a hearing or
appeal within sixty (60) calendar days.
The owner/future owners should notify the City (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for
the proposed activity or other City of Durham permit(s).
Any inquiries regarding section 404/401 permits should be directed to DWR (Central Office)
at [phone], and the USACE (Raleigh Regulatory Field Office) at [phone].
If you have any questions about the City's determination or need clarification, please contact me.
Sincerely,
Travis Marion, Engineering Specialist
Stormwater Development Review Group
[e-mail]
[phone], x 30238
Attachments:
Table 1. Stream Feature Determination NC-55 and Hopson Road Site
Consultant's Topographic Map - Figure 2
Consultant's Soils Survey Map - Figure 4
Project Site Map - Figure 3
Durham — Where Great Things Happen

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Figure 2: USGS Topographic Map
NC-55 and Hopson Road Site
Kim leyOHorn Durham County, North Carolina
March 2021

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NC-55 and Hopson Road Site
Durham County, North Carolina
March 2021

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Appendix 5
Section E (3 & 4)
Mitigation Acceptance Letters

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
NORTH CAROLINA
Environmental Quality
November 1, 2021
Amanda Henry
Scannell Properties #539, LLC
1800 Diagonal Road, Suite 600
Alexandria, VA 22314
Project: NC-55 and Hopson Road Site
Expiration of Acceptance: 5/112022
County: Durham
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit1401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HL1C
Impact Type
Impact Quantity
Cape Fear
03030002
Riparian Wetland
0.10
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
Av���
FOR James. B Stanfill
Asset Management Supervisor
cc: Emma Radford, agent
D Q§ North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
o mM�Wa919.707,8976

KCI
ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS
November 2, 2021
Mr. Joel Scannell
4505 Falls ofNeuse Road Suite 400 Raleigh, NC 27609 [phone] [phone] Fax
Scannell Properties 9539, LLC
1800 Diagonal Road, Suite 600
Alexandria, VA 22314
Subject: Mitigation Obligation — Corps Action ID — 2021-00064
Project: NC 55 and Hopson Road Project
Statement of Availability
Dear Mr. Scannell,
This letter serves to confirm that KCI Technologies Inc. (KCI) anticipates availability of 0.48 riparian
wetland mitigation credits in HUC 03030002 of the Cape Fear River Basin (Haw River Arm) to satisfy a
portion of your obligation for your NC 55 and Hopson Road Project. We anticipate these credits will be
available shortly after our field review with the Interagency Review Team which is currently scheduled for
November 16, 2021. This field review is the last item required for release of the credits you are requesting
above. KCI is willing to sell these credits at a credit rate of $75,000/credit for a total of $36,000. In
addition, KCI has riparian buffer credits available if your project should require any. These credits would be
available at a rate of $0.85.credit (square foot).
Pending the release of your needed credits, KCI will provide you with an invoice. Upon receipt of payment
KCI will sign the Compensatory Mitigation Responsibility Transfer Form (to be provided by you or your
Agent) and return it to you. We will also provide copies to April Norton and Samantha Daily at the US Army
Corps of Engineers as well as your agent at Kimley Horn (Emma Radford).
Sincerely,
Timothy J. Morris
KCI Technologies, Inc.
Senior Associate
Cc: Emma Radford, Kimley Horn

Kimley»>Horn
Appendix 6
Conceptual Site Plan

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