20211489 Ver 1_Final_NDP_Ph1_CoverLetter_20211117_20211123

kimley-horn.com 421 Fayetteville St., Suite 600, Raleigh, NC 27601 919 677 2000

November 17, 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. Rob Ridings
NC Division of Water Resources
Transportation Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699

RE: Nationwide Permit 14 Application – Northern Durham Parkway – Phase 1
City of Durham, Durham County, North Carolina

Dear Ms. Norton and Mr. Ridings:

On behalf of the City of Durham, Kimley-Horn is submitting the attached application for authorization
under Nationwide Permit (NWP) 14 for the above referenced project. Kimley-Horn has been
designated the City of Durham’s agent solely for the purpose of preparing and submitting the
attached Section 404/401 Permit Application and Riparian Buffer Authorization for the above
referenced project and to furnish upon request supplemental information in support of these
applications. The project proposes to construct Phase 1 of the Northern Durham Parkway project
which will extend south from Ferrell Road to an interim cul-de-sac located in northeast Durham,
Durham County, NC. Phase 2 of the Northern Durham Parkway will carry the road south from the
interim cul-de-sac to the southern terminus at Cheek Road. The proposed roadway will consist of a
two-lane typical section with a sidewalk along the east side of the road that will tie into existing
dedicated right-of-way at both the north and south termini.

The parcels underlying the proposed roadway corridor are part of a proposed industrial development
by Scannell Properties #515, LLC (or “the developer”) and have been extensively studied as part of a
due diligence investigation for the development. A Preliminary and Approved Jurisdictional
Determination for the properties underlying the proposed roadway corridor was issued by the USACE
on April 9, 2021 for the industrial project (SAW-2021-00350). Additionally, a Buffer Determination
Letter and Isolated Wetlands Determination was issued by the NCDWR on September 1, 2021 for the
properties underlying the roadway corridor (NBRRO #21-004 rev). Following these field reviews, two
pre-application meetings were held to discuss the proposed project with April Norton and Samantha
Dailey of the USACE in attendance at the February 11, 2021 meeting, and April Norton and Andy
Williams of the USACE in attendance at the March 11, 2021 meeting. These meetings were held to
discuss the independent utility of the proposed Northern Durham Parkway in relation to the adjacent
Junction Road and Ferrell Road industrial development. During these meetings and follow up
coordination afterwards, it was determined that since the Northern Durham Parkway is a boulevard
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kimley-horn.com 421 Fayetteville St., Suite 600, Raleigh, NC 27601 919 677 2000

reflected on the Comprehensive Transportation Plan and is not designed to be a private driveway
serving the industrial development, the Northern Durham Parkway project should be permitted as a
public transportation project with independent utility from the adjacent industrial project and the permit
application for the project needs to be submitted by a public entity, such as the City of Durham or the
NC Department of Transportation. Additionally, a pre-application meeting was held with Rob Ridings
on October 18, 2021 to outline the proposed project and discuss the determinations made by the
USACE in the previous pre-application meetings.

As a result of these pre-application meetings, the City of Durham and Scannell Properties #515, LLC
have entered into a Utility Extension Agreement (UEA) in which the City has agreed to be the
applicant for the Northern Durham Parkway Section 404/401 Permits and Buffer Authorization and
the developer has agreed to construct Phase 1 of the project and dedicate the right-of-way as a
public transportation corridor. Additionally, the developer has agreed to maintain Phase 1 of the
Northern Durham Parkway and the associated facilities until the road is accepted for maintenance by
NCDOT. The UEA has been attached to this application for reference.

The proposed project will be constructed in two phases to accommodate anticipated construction
timing. This permit application is for Phase 1 which will extend south from Ferrell Road to an interim
cul-de-sac located north of Panther Creek. Construction of Phase I is anticipated to start in Q1 of
2022. Phase 2 will remove the temporary cul-de-sac and extend Northern Durham Parkway south to
the southern terminus at Cheek Road. Phase 2 will be designed and permitted after Phase 1 has
been constructed.

The proposed project has minimized and avoided impacts to jurisdictional features to the extent
practicable throughout the project corridor while also accounting for the locational requirements
necessary to tie into previously dedicated/reserved right-of-way and constructed roadway along the
ultimate Northern Durham Parkway corridor. Phase 1 of the proposed Northern Durham Parkway will
result in unavoidable impacts to streams, riparian buffers, and wetlands within the project corridor.
The proposed impacts will result from 3 perpendicular crossings located at two separate impact sites.

Impact Site 1

The proposed culvert at Impact Site 1 will result in 124 linear feet of permanent impacts, 4 linear feet
of permanent no-net-loss impacts, and 20 linear feet of temporary impacts to stream S16 (UT to
Panther Creek). Intermittent stream S16 will be fed into a 42” RCP culvert below the proposed
roadway with keyed-in rip rap at the inlet and outlet for stabilization. Impacts have been quantified as
“permanent” in areas where the natural stream channel will be realigned and armored with rip rap to
facilitate stable flow into and out of the proposed culvert, and as “permanent no-net-loss” impacts in
areas where rip rap will be keyed into the natural channel with no realignment necessary. Temporary
impacts will result from the temporary construction access necessary to install the culvert and rip rap,
and for the necessary dewatering to facilitate work in the dry conditions. All temporarily impacted
areas will be returned to pre-existing contours upon completion of the project.

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kimley-horn.com 421 Fayetteville St., Suite 600, Raleigh, NC 27601 919 677 2000

Additionally, the proposed crossing will result in 13,306 square feet of permanent buffer impacts and
1,276 square feet of temporary buffer impacts to the Neuse River Basin Buffer Zones associated with
stream S16. Permanent buffer impacts will result from the proposed roadway and fillslope, and the
conversion of riparian buffer zone to permanent right-of-way. Temporary buffer impacts will result
from the construction access necessary to construct the roadway. All temporarily impacted buffers will
be reseeded or replanted with native vegetation and returned to pre-existing conditions upon
completion of the project.

Impact Site 2

Impact Site 2 consists of two perpendicular road crossings (2A and 2B) that were determined by the
USACE to be a single crossing per the Nationwide Permit #14 conditions. The proposed crossing at
Site 2A will result in 0.045 acre of permanent wetland impacts to wetland W10, 0.012 acre of
temporary impacts to wetland W10, 87 linear feet of permanent stream impacts, 17 linear feet of
permanent no-net-loss stream impacts, and 22 linear feet of temporary stream impacts to stream S10
(UT to Panther Creek). The proposed culvert at Site 2B will result in 155 linear feet of permanent
stream impacts, 21 linear feet of permanent no-net-loss stream impacts, and 22 linear feet of
temporary stream impacts to stream S2 (UT to Panther Creek). The combined total impacts at Sites
2A and 2B is 0.045 acre of permanent wetland impacts, 0.012 acre of temporary wetland impacts,
242 linear feet of permanent stream impacts, 38 linear feet of permanent no-net-loss stream impacts,
and 44 linear feet of temporary stream impacts.

Intermittent streams S2 and S10 will be fed into box culverts below the proposed roadway with keyed
in rip rap at the inlets and outlets for stabilization. Impacts have been quantified as “permanent” in
areas where the natural stream channel will be realigned and armored with rip rap to facilitate stable
flow into and out of the proposed culvert, and as “permanent no-net-loss” impacts in areas where rip
rap will be keyed into the natural channel with no realignment necessary. Wetland W10 is a floodplain
wetland located along stream S10 and will be impacted as a result of the proposed fillslope and
culvert installation at Impact Site 2A. All temporarily impacted areas will be returned to pre-existing
contours upon completion of the project.

Additionally, the proposed crossing at Impact Site 2A will result in 13,600 square feet of permanent
buffer impacts and 991 square feet of temporary buffer impacts to the Neuse River Basin Buffer
Zones associated with stream S10. The proposed crossing at Impact Site 2B will result in 15,145
square feet of permanent buffer impacts and 1,441 square feet of temporary buffer impacts to the
Neuse River Basin Buffer Zones associated with stream S2. Permanent buffer impacts will result from
the proposed roadway and fillslopes, and the conversion of riparian buffer zone to permanent right-of-
way. Temporary buffer impacts will result from the construction access necessary to construct the
roadway. All temporarily impacted buffers will be reseeded or replanted with native vegetation and
returned to pre-existing conditions upon completion of the project.

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kimley-horn.com 421 Fayetteville St., Suite 600, Raleigh, NC 27601 919 677 2000

Compensatory Mitigation
The project proposes to provide compensatory mitigation for permanent impacts to intermittent
streams at a 1:1 ratio. In total, the project proposes to purchase 366 stream credits to compensate for
the 366 linear feet of intermittent streams that will be permanently realigned and placed in culverts.
Stream mitigation credits have been reserved through the NC Division of Mitigation Services In-Lieu
Fee program and a ILF Acceptance Letter is included as part of this application.

Due to the minimal wetland impacts (<0.10 acre) resulting from the proposed project, no
compensatory wetland mitigation is proposed as part of this application.

Per the Neuse River Basin Buffer Rules, perpendicular roadway crossings impacting less than 1/3rd
acre (14,520 square feet) are allowable upon authorization and do not require compensatory buffer
mitigation. Permanent buffer impacts at Site 1 and Site 2A are below this 1/3rd acre threshold and
therefore do not require mitigation. Compensatory buffer mitigation credits will be purchased to
compensate for the permanent buffer impacts at Site 2B. In total, the project proposes to purchase
36,774 buffer credits to replace the 15,145 square feet of permanent impacts at Site 2B. Buffer
mitigation credits have been reserved through the Upper Neuse Riparian Buffer Umbrella Mitigation
Bank sponsored by EBX and a Statement of Availability is included as part of this application.

Phase 2 Projected Impacts

Phase 2 of the proposed project anticipates two crossings: one headwater wetland located south of
the interim cul-de-sac that is identified in the Jurisdictional Determination included with this
application and one crossing at Panther Creek located midway between Ferrell Road and Cheek
Road. Phase 2 is still in the design phase and will be constructed at a later date following completion
of Phase 1. However, based on a preliminary model of Phase 2, the proposed impacts should qualify
for coverage under Nationwide Permit #14. A figure showing these anticipated impacts has been
included as part of this application.

To assist in your review of this application, the following information has been included:

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
Figure 5: Project Property Owners Map
and Table
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kimley-horn.com 421 Fayetteville St., Suite 600, Raleigh, NC 27601 919 677 2000

APPENDIX SECTION DOCUMENT
Appendix 3 Section D Stream/Wetland Permit Drawings
- - Buffer Permit Drawings
- - Northern Durham Parkway – Phase 2
Anticipated Impacts
Appendix 4 Section E (4 & 6) NCMDS ILF Acceptance Letter
- - EBX Mitigation Statement of
Availability
Appendix 5 Section G (7) NCSHPO Response Letter
Appendix 6 -
City of Durham and Scannell
Properties #515, LLC Utility Extension
Agreement

If there is any additional information you need to assist in the processing of this NWP application,
please do not hesitate to contact me at 919-677-2113 or [e-mail].

Sincerely,

William Sullivan, PWS

Attachments
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kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000

Appendix 1
Section B (4)
Agent Authorization Letter

AGENT AUTHORIZATION FORM

Name: ___________________________________________________________

Address: _________________________________________________________

Phone: __________________________________________________________

Project Name/Description: Northern Durham Parkway – Phase 1

Date: ____________________________________________________________

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:

The City of Durham hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in
my/our behalf as my/our agent solely for the purpose of preparing and submitting 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. for
the above referenced Northern Durham Parkway – Phase 1 project only from this day forward until
successful completion of the permitting process or revocation by the applicant.

Authorized this the _____ day of ____________, _________.

______________________________ ________________________________
Print Applicant’s Name Applicant’s Signature

Cc: Paul Wojoski
NC Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000
Appendix 2
Section C (1-4)
Northern Durham Parkway
Phase 1 Figures
YarrowDrMansfieldAve Dairy RdWeatherStTumlinCtBevingtonLnDuvalStRochesterStNadeauCtJoc
i
Ct
DeerRun
KnotholeLn
AlphaDrBowlerDr
LimeSt
Endor Ln
WillisCt
RedstoneCtLoganSt
SidneysWaySpringCreek DrHardeeStCambian
P
lHwy-70Byp BYPMayo StHeidelberg StDelano St
Naples
P
l Roane StInletAveMi
lan
S
t
Winburn Ave
Center StCustom DrDodsonSt
Lindmont
Ave MelroseAve
PebblestoneDrBenningStRoanoke StEssexRdBu ffaloW ayMistLakeDrHarvestStMidlandTer EXT
To
b
a
c
c
oR
d
NHooverRdFaucetteAve
Fidelity
DrBenbowRdAikenAve
D a n ie lRdMuldee StAdlet
tLnDinsmoreLnSuittStFaith DrDearborn DrBundyAve
LoftinDrValmetDrWaycrossStFreeman Rd N MineralSprings RdRedwoodRdHu
rle
yRd
A
r
v
i
nRdMedalli
o
n

D
r
Cl
a
y
t
o
n

R
d
B
e
ckRdJoy
n
erRdGl
ennS
c
h
oolRdBur
t
onRdColcloughAveAvalo
n
RdB
a
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w
i
c
k

D
r
Ar
d
s
l
e
y
D
r
P e r vis RdE Geer St
D
e
br
aDrC a r p ent er RdGlenn RdC h e e k R dMidlandTerEClubBlvd BrightwoodLnFerrellRdCamden AveJunction Rd£¤70
£¤70
§¨¦85
ChunkyPipe CreekEllerbeCreekEllerbeCreekPanther CreekEllerbe CreekChunky Pipe CreekPanther CreekGoos
e
Cree
k
F
Figure 1: Vicinity MapNorthern Durham Parkway - Phase IDurham, Durham County, NCOctober 2021
Legend
Northern Durham Parkway - Alignment
Northern Durham Parkway - Phase I Study Area
City of Durham
Durham County 0 0.5 1Miles
Georgia
Virginia
North Carolina
South Carolina
Ohio
Kentucky
West Virginia
Tennessee
Maryland
Atlantic Ocean
DURHAM
WAKE
ORANGE
GRANVILLE
PERSON
CHATHAM
^
Project Location
Durham County
F
Figure 2: USGS Topographic Map
Northern Durham Parkway - Phase I
Durham, Durham County, NC
October 2021
Legend
Northern Durham Parkway - Alignment
Northern Durham Parkway - Phase I Study Area 0 750 1,500
Feet
Begin Phase I
End Phase I
NSMortiseCtKnothole Ln
DovetailDrInlet Ave
M ichael
Dr
B
e
n
b
o
w
RdCheek
Rd Ferrell Rd
JunctionRdG le n n
Sch o o lRdCheek
R
d
Cheek
R
d Hurl
eyRdCheekRdCheek
Rd
Junction RdAr
vi
nRdArvin RdJoyner RdJunctionRdE G e e r S t
Ferrell Rd FerrellRdE G e e r S t
Ferrell Rd
Pervis Rd
Carpenter Rd
C h e e k R dJunctionRdP2
P1
S16S10S2
W7
W18
W10
F
Figure 3: Jurisdictional Features Map
Northern Durham Parkway - Phase I
Durham, Durham County, NC
November 2021
Legend
Streams
Wetlands
Open Water
Northern Durham Parkway - Alignment
Northern Durham Parkway - Phase I Study Area 0 750 1,500
Feet
Begin Phase I
End Phase I
F
Figure 4: NRCS Soil Survey Map
Northern Durham Parkway - Phase I
Durham, Durham County, NC
November 2021
Legend
Northern Durham Parkway - Alignment
Northern Durham Parkway - Phase I Study Area 0 750 1,500
Feet
Begin Phase I
End Phase I
0842-02-75-8583 Joyner RdFerrellRdJunctionRdCar pente r R d
Ferre l l R d
JunctionRd0842-87-32-17080842-77-84-9005
0842-87-14-40510842-87-23-19850842-87-35-14510842-86-8 2-0095
0842-87-5 3-8905
0842-04-74-5529 0842-01-84-5665
0842-77-30-0557 0842-77-64-11000842-77-44-23940842-77-24-15440842-04-74-2710
F
Figure 5: Project Property Owners MapNorthern Durham Parkway - Phase IDurham, Durham County, NCNovember 2021
Legend
Northe rn Du rham Parkway - Alignment
Northe rn Du rham Parkway - Phase I Study Area
Ad jacent Prop erty Owner Parcels
Prop erties Un der Contract by Scannell 0 550 1,10 0Feet
PARCEL NUMBER OWNER NAME OWNER NAME 2 MAILING ADDRESS CITY STATE ZIP CODE
0842-04-74-5529 JOVEN GROUP FOUR PO BOX 1599 APEX NC 27502
0842-01-84-5665 JOVEN GROUP FOUR PO BOX 1599 APEX NC 27502
0842-87-32-1708 SHAFFER LEONARD B TRUSTEE SHAFFER KATHERINE W TRUSTEE 3532 FRIENDSHIP RD APEX NC 27502
0842-77-84-9005 SHAFFER LEONARD B TRUSTEE SHAFFER KATHERINE W TRUSTEE 3532 FRIENDSHIP RD APEX NC 27502
0842-87-14-4051 JOVEN GROUP FOUR PO BOX 1599 APEX NC 27502
0842-87-23-1985 SHAFFER LEONARD B TRUSTEE SHAFFER KATHERINE W TRUSTEE 3532 FRIENDSHIP RD APEX NC 27502
0842-87-35-1451 SHAFFER LEONARD B TRUSTEE SHAFFER KATHERINE W TRUSTEE 3532 FRIENDSHIP RD APEX NC 27502
0842-86-82-0095 JOVEN GROUP FOUR PO BOX 1599 APEX NC 27502
0842-87-53-8905 SHAFFER LEONARD B TRUSTEE SHAFFER KATHERINE W TRUSTEE 3532 FRIENDSHIP RD APEX NC 27502
0842-02-75-8583 DEHART JEWEL C 1130 JUNCTION ROAD DURHAM NC 27704
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kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000
Appendix 3
Section D
Stream/Wetland Permit Drawings
Buffer Permit Drawings
NDP - Phase 2 Anticipated Impacts
ENGINEER:
-L- Sta. 37+00.00
BEGIN PROJECT
-L- Sta. 67+70.52
END PROJECT
PROJECT
END
PROJECT
BEGIN
CHEEK ROAD (SR-1800)
FERRELL
ROAD
(SR
-1671)JUNCTION ROAD (SR-1675)CARPENTER ROAD (SR-1822)
R0.02 CONVENTIONAL SYMBOLS
PROJECT NOTESR0.01
TITLE SHEET
DESCRIPTIONSHEET NO.
R0.00
TYPICAL SECTIONS
R2.00 THRU 2.02
R1.00
R2.00 R2.01R2.02R2.03 THRU 2.04
SURVEYOR:
for the specific purpose and client.
reliance on this document instrument of service, is intended only
Associates, Inc. for which it was prepared. Reuse of and improper
Horn and Associates, Inc. shall be without liability to Kimley-Horn and
herein, as an without written authorization and adaption by Kimley-
This document, together with the concepts and designs presented
BEFORE YOU DIG
IT'S THE LAW
N.C. ONE-CALL CENTER
CALL 1 800 632-4949
STOP
APPROVED
PUBLIC WORKS DEPARTMENT
CITY OF DURHAM
TRANSPORTATION
STORM WATER
ENGINEERING DATE
DATE
DATE
DATE
DATE
[e-mail]
919.280.7944
ROB BAUMGARTNER, PLS
RALEIGH, NC 27609
4TH FLOOR
4505 FALLS OF NEUSE RD.
KCI ASSOCIATES OF NC, P.A.
[e-mail]
919.677.2074
TYLER WHITE, P.E.
DURHAM, NC 27701
SUITE 200
300 MORRIS ST.
KIMLEY-HORN AND ASSOCIATES, INC. TO I-85 TO CARPENTER ROADR4.00 THRU R4.02
R3.00
R6.00 THRU R6.14
R2.05
PAVEMENT MARKING AND SIGNING PLAN
ROADWAY CROSS SECTIONS
TRAFFIC MANAGEMENT PLAN
-L- NORTHERN DURHAM PARKWAY EXTENSION
NOT TO SCALE
DURHAM COUNTY
FERRELL ROAD (SR-1671)-Y1-MSE RETAINING WALL LAYOUT AND ENVELOPE
PLAN VIEW
PROFILE VIEW JUNCTI
ON ROAD
(SR-1675)Norfolk%15
SSVSV6"DIP FM16"DIP FMHHSSSSSSSSSSSSSSHHSEWER MANHOLERIM-386.06'FORCE MAINHHASPHALTSSNC GENERAL STATUTE 1-44.2.ABANDONED RAILROAD BASED ON ACRES) OF ADJACENT INTEREST IN 172,294 SF (3.955 NOTE: POSSIBLE OWNERSHIP PB 123 PG 22DB 7096 PG 170SITE ADDRESS: 1018 PERVIS RDPIN:0842-04-73-8632BULL CITY LITTLE LEAGUE OWNER:N/FDB 6864 PG 710SITE ADDRESS: 2315 FERRELL RDPIN:0842-97-04-4994BCG PROPERTIES OWNER:N/FDB 6864 PG 710SITE ADDRESS: 2315 FERRELL RDPIN:0842-97-04-4994BCG PROPERTIES OWNER:N/FWETLAND AND STREAM
DRAFT PERMIT PACKAGE
SITE 1
SITE 2B
SITE 2A
NOVEMBER, 2021
-L- Sta. 37+00.00
SOUTHERN TERMINUS
-L- Sta. 67+70.52
NORTHERN TERMINUS
VICINITY MAP
GRAPHIC SCALE
PLANS
PROFILE (HORIZONTAL)
PROFILE (VERTICAL)
0 5025
0 5025
0 105 BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BY: TDW SCALEKHA PROJECT019139023NORTH CAROLINAR0.00$DATE$TITLE SHEETDRAWN BY: DJD $DATE$$FILE$DURHAMWWW.KIMLEY-HORN.COMNC LICENSE #: F-0102© 2021PHONE: [phone] MORRIS STREET, DURHAM, NC 27701, SUITE 200DO NOT USE FOR CONSTRUCTION
PRELIMINARY PLANS
DESIGNED BY: DJDOF FERRELL ROAD (SR 1671)
FERRELL ROAD (SR 1671) TO 3065' SOUTH
LOCATION: NORTH DURHAM PARKWAY FROM
PHASE 1
NORTHERN DURHAM PARKWAY
PHASE 1PARKWAYNORTHERN DURHAM
360360360360360360360360360
360360
360360360360360360360360360360360365365365365
3
6
5
365365365365365365365365365365365
3653653653
6
5
3
6
5365365365365365 365365365365365365370370370370370370370
370370
3703703703703703
7
0
3
7
0
370
370370370
370
370370370370
370370370370370370370370370375375375375375
375
375375375375375375
375
3
7
5
3
7
5
375
3
7
5375375
375
375
375
375375375375375375375375375375380380380380380380380380380380
380380380380380380380380
3803
80380380380380380
3803803803803803803803803803803803803803853853853853853853853853853 8 5
385385385385385385
385385385
385
3
8
53853853
85385
385385385385385385385385385385385
3853853853853853853653653653703703703
6
0360
360360360360BYDATEREVISIONSNo.DATESHEET NUMBER CHECKED BY: TDW SCALEDESIGNED BY: DJD KHA PROJECT019139023NORTH CAROLINA1"=50'DRAWN BY: DJD $DATE$$FILE$$DATE$DURHAMWWW.KIMLEY-HORN.COMNC LICENSE #: F-0102© 2021PHONE: [phone] MORRIS STREET, DURHAM, NC 27701, SUITE 200DO NOT USE FOR CONSTRUCTION
PRELIMINARY PLANS
PHASE 1PARKWAYNORTHERN DURHAM PLAN VIEWR2.01
APPROVED
PUBLIC WORKS DEPARTMENT
CITY OF DURHAM
TRANSPORTATION
STORM WATER
ENGINEERING DATE
DATE
DATE
DATE
DATE
MATCH LINE -L- STA 42+00.00 (SEE SHEET R2.00)MATCH LINE -L- STA 56+00.00 (SEE SHEET R2.02)
UNLESS OTHERWISE NOTED (APPLIES TO ALL SHEETS)
1. RADII DIMENSIONS ARE TO THE EDGE OF PAVEMENT
GENERAL SHEET NOTES:
CONCRETE ISLAND
5" MONOLITHIC
SITE 1
SITE 2A
WETLAND (W9)
WETLAND (W18)
OPEN WATER (P2)
WETLAND (W16)
WETLAND (W10)
STREAM (S10)
(SCALE 1"=25')
SITE 2 IMPACT ZOOM-IN
(SCALE 1"=25')
SITE 2A IMPACT ZOOM-IN
WETLAND
DENOTES FILL INFF
T T FILL IN WETLAND
DENOTES TEMPORARY
S S SURFACE WATER
DENOTES IMPACTS IN
TS TS
IMPACTS IN SURFACE WATER
DENOTES TEMPORARY
IMPACTS LEGEND:
STREAM (S16)
55
-L- PC Sta. 49+60.29
-L- PT Sta. 47+30.29
-L- PC Sta. 42+96.95
-L- PT Sta. 54+04.43
NORTHERN DURHAM PARKWAY
-L-
10' MUPF
F
F
F
F
F
F
F
F
F
F
F
F
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
24" RCP-IV
30" RCP-IV
CB
JB w/MH
JB w/MH
(BURIED 1.0')
89 LF 12' x 6' RCBC
95 LF 42" RCP-IV CULVERT
2118
2116
2115
2114
2113
2112
2111
2110
2109
2108
2106
2107
2105
2104
2103
2102
2101
2GI-D
CB-G
CB-G
CB-G
CB-G
2GI
CB-G
CB-F
CB-F
CB-F
CB-F
CB-F
CB-F
2117
BOX
TREATMENT
TSS
24" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
24" RCP-IV
24" RCP-IV
24" RCP-IV
24" RCP-IV
18" RCP-IV
GRADE TO DRAIN
SEE DETAIL 1
SPECIAL CUT DITCH
SEE DETAIL 2
EST 60 SY GFD
EST 30 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
SEE DETAIL 2
EST 12 SY GFD
EST 6 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
JB w/MH
2105
2104
2103
2101
CB-G
18" RCP-IV
SEE DETAIL 2
EST 60 SY GFD
EST 30 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
JB w/MH
(BURIED 1.0')
89 LF 12' x 6' RCBC
2118
2116
2115
CB-F
2203
BOX
TREATMENT
TSS
24" RCP-IV
24" RCP-IV
18" RCP-IV
OOS
S
S
S
S
S
S
S
TS
TS
F
F
F
F
F
F
T
S
S
S S S
S
TS
TS
T
T
T
S
S
S
S
S
S
S
S
TS
TS
F
F
F
F
F
F
T
T
S
S
S S S
S
TS
TS
T
T
T
3603
6
0
3
6
0 360360 360360360
360
360
3603603
6
0 3603603603653
6
5365 3653
6
5365 365365365365
365
365
365
365
365
365
365365365365365
3653653703
7
0370370 370370370370370
370 3703
7
0 370370370370370
370
370
370370370
370
370
370370370
370
3703703703703703703703703753
7
5375375375 375375375375375375375375375375375375375375375375375375375375375375375375
375
375
375
375375375 375375375375375375375375375375375380
3803803803803803803
8
0
380380380380380380
380380380380380380380380 380380
380
380380380380380380380
380380
380380380
380380380380380380380380380380380380385
3853853853853853853853853853
8
5
3
8
5385385 385385385385385 385385385385385385385385385385385385385390390390390390390
390
390
390390390390390390390390390390390390390360360360360360365365
(60' PUBLIC R/W)FERRELL ROADSSSGRAVEL DRIVEGRAVELDRIVEGRAVELDRIVE1-STORYBLOCKRESIDENCEWELLWELLCHAINLINK FENCE1-STORYBLOCKRESIDENCERETAININGWALLCHICKENCONCRETEDRIVEINVERT 15"RCP376.93'INVERT 15"RCP376.88'INVERT 12"RCP380.16'INVERT 12"RCP380.14'INVERT 12"RCP384.70'INVERT 12"RCP384.90'INVERT 12"RCP383.65'INVERT 12"RCP383.57'BYDATEREVISIONSNo.DATESHEET NUMBER CHECKED BY: TDW SCALEDESIGNED BY: DJD KHA PROJECT019139023NORTH CAROLINA1"=50'DRAWN BY: DJD $DATE$$FILE$$DATE$DURHAMWWW.KIMLEY-HORN.COMNC LICENSE #: F-0102© 2021PHONE: [phone] MORRIS STREET, DURHAM, NC 27701, SUITE 200DO NOT USE FOR CONSTRUCTION
PRELIMINARY PLANS
PHASE 1PARKWAYNORTHERN DURHAM PLAN VIEWR2.02
MATCH LINE -L- STA 56+00.00 (SEE SHEET R2.01)
APPROVED
PUBLIC WORKS DEPARTMENT
CITY OF DURHAM
TRANSPORTATION
STORM WATER
ENGINEERING DATE
DATE
DATE
DATE
DATE
UNLESS OTHERWISE NOTED (APPLIES TO ALL SHEETS)
1. RADII DIMENSIONS ARE TO THE EDGE OF PAVEMENT
GENERAL SHEET NOTES:
CONCRETE ISLAND
5" MONOLITHIC
(SCALE: 1"=25')
SITE 2B IMPACT ZOOM-IN
WETLAND (W6)
EXCLUDED
STREAM (S6)
EXCLUDED
WETLAND (W8)
OPEN WATER (P1)
WETLAND (W4)
SITE 2B
STREAM (S2)
FOR IMPACT BLOW UP
REFERENCE SHEET R2.01
S S SURFACE WATER
DENOTES IMPACTS IN
TS TS
IMPACTS IN SURFACE WATER
DENOTES TEMPORARY
IMPACTS LEGEND:60-L- PC Sta. 56+34.43
-L- PT Sta. 61+25.56
PI Sta 58+57.80
D
L = 423.03'
T = 223.36'
R = 533.00'
-L-6570-L- PC Sta. 69+76.33
R = 533.00'
T = 115.40'
L = 227.29'
D
PI Sta 70+91.73
NORTHERN
DURHAM
PARKWAY
-L-
-Y1- POT Sta. 18+39.41
-L- POT Sta. 67+65.95=
D
DS = 40 MPHDS = 40 MPH
15
20 (SR 1671)FERRELL ROAD-Y1-PI Sta 15+18.32
D
L = 363.23'
T = 182.40'
R = 1,600.00'
PI Sta 23+58.02
D
L = 397.59'
T = 200.31'
R = 1,320.00'
-Y1-
DS = 40 MPHDS = 40 MPH
-Y1- PT Sta. 16+99.15
-Y1- PC Sta. 21+57.71
-Y1- PC Sta. 13+35.92
-Y1- POT Sta. 12+50.00
-L- POC Sta. 70+00.00
-Y1- POC Sta. 23+00.00
F F
F
18" RCP-IV
CB
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
JB w/MH
JB w/MH
18" RCP-IV
JB w/MH
100 LF 10' X 7' RCBC (BURIED 1')
the site grading in this area in the xsc is a bit funky...
2203
2202
2204
2203
2206
2208
2207
2210
2209
2211
2212
2214
2213 2215
2216
2218
2217
2201
BOX
TREATMENT
TSS
CB-E
CB-E
2GI
CB-G CB-G
BOX
TREATMENT
TSS
TBJB W/ MH
CB-G
CB-G
CB-G CB-G
CB-F
18" RCP-IV
18" RCP-IV
18" RCP-IV
RCP-IV
18"
18" RCP-IV
RCP-IV
18"
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
SEE DETAIL 3
SPECIAL LATERAL 'V' DITCH
SEE DETAIL 2
EST. 80 SY GFD
EST. 40 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
SEE DETAIL 2
EST. 150 SY GFD
EST. 75 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
2212
2214
2213
BOX
TREATMENT
TSS
TBJB W/ MH
CB-G
RCP-IV
18"
18" RCP-IVO
F
T
TS
S
S
S
S
S
S
TS
T
TS
S
S
TS
S
S
S
S
S
S
S
S
ENGINEER:
-L- Sta. 37+00.00
BEGIN PROJECT
-L- Sta. 67+70.52
END PROJECT
PROJECT
END
PROJECT
BEGIN
CHEEK ROAD (SR-1800)
FERRELL
ROAD
(SR
-1671)JUNCTION ROAD (SR-1675)CARPENTER ROAD (SR-1822)
R0.02 CONVENTIONAL SYMBOLS
PROJECT NOTESR0.01
TITLE SHEET
DESCRIPTIONSHEET NO.
R0.00
TYPICAL SECTIONS
R2.00 THRU 2.02
R1.00
R2.00 R2.01R2.02R2.03 THRU 2.04
SURVEYOR:
for the specific purpose and client.
reliance on this document instrument of service, is intended only
Associates, Inc. for which it was prepared. Reuse of and improper
Horn and Associates, Inc. shall be without liability to Kimley-Horn and
herein, as an without written authorization and adaption by Kimley-
This document, together with the concepts and designs presented
BEFORE YOU DIG
IT'S THE LAW
N.C. ONE-CALL CENTER
CALL 1 800 632-4949
STOP
APPROVED
PUBLIC WORKS DEPARTMENT
CITY OF DURHAM
TRANSPORTATION
STORM WATER
ENGINEERING DATE
DATE
DATE
DATE
DATE
[e-mail]
919.280.7944
ROB BAUMGARTNER, PLS
RALEIGH, NC 27609
4TH FLOOR
4505 FALLS OF NEUSE RD.
KCI ASSOCIATES OF NC, P.A.
[e-mail]
919.677.2074
TYLER WHITE, P.E.
DURHAM, NC 27701
SUITE 200
300 MORRIS ST.
KIMLEY-HORN AND ASSOCIATES, INC. TO I-85 TO CARPENTER ROADR4.00 THRU R4.02
R3.00
R6.00 THRU R6.14
R2.05
PAVEMENT MARKING AND SIGNING PLAN
ROADWAY CROSS SECTIONS
TRAFFIC MANAGEMENT PLAN
-L- NORTHERN DURHAM PARKWAY EXTENSION
NOT TO SCALE
DURHAM COUNTY
FERRELL ROAD (SR-1671)-Y1-MSE RETAINING WALL LAYOUT AND ENVELOPE
PLAN VIEW
PROFILE VIEW JUNCTI
ON ROAD
(SR-1675)Norfolk%15
SSVSV6"DIP FM16"DIP FMHHSSSSSSSSSSSSSSHHSEWER MANHOLERIM-386.06'FORCE MAINASPHALTSSNC GENERAL STATUTE 1-44.2.ABANDONED RAILROAD BASED ON ACRES) OF ADJACENT INTEREST IN 172,294 SF (3.955 NOTE: POSSIBLE OWNERSHIP PB 123 PG 22DB 7096 PG 170SITE ADDRESS: 1018 PERVIS RDPIN:0842-04-73-8632BULL CITY LITTLE LEAGUE OWNER:N/FDB 6864 PG 710SITE ADDRESS: 2315 FERRELL RDPIN:0842-97-04-4994BCG PROPERTIES OWNER:N/FDB 6864 PG 710SITE ADDRESS: 2315 FERRELL RDPIN:0842-97-04-4994BCG PROPERTIES OWNER:N/FSITE 1
SITE 2B
SITE 2A
OCTOBER, 2021
DRAFT PERMIT PACKAGE
BUFFER IMPACTS
-L- Sta. 37+00.00
SOUTHERN TERMINUS
-L- Sta. 67+70.52
NORTHERN TERMINUS
VICINITY MAP
GRAPHIC SCALE
PLANS
PROFILE (HORIZONTAL)
PROFILE (VERTICAL)
0 5025
0 5025
0 105 BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BY: TDW SCALEKHA PROJECT019139023NORTH CAROLINAR0.00$DATE$TITLE SHEETDRAWN BY: DJD $DATE$$FILE$DURHAMWWW.KIMLEY-HORN.COMNC LICENSE #: F-0102© 2021PHONE: [phone] MORRIS STREET, DURHAM, NC 27701, SUITE 200DO NOT USE FOR CONSTRUCTION
PRELIMINARY PLANS
DESIGNED BY: DJDOF FERRELL ROAD (SR 1671)
FERRELL ROAD (SR 1671) TO 3065' SOUTH
LOCATION: NORTH DURHAM PARKWAY FROM
PHASE 1
NORTHERN DURHAM PARKWAY
PHASE 1PARKWAYNORTHERN DURHAM
PERMANENT IMPACTS ZONE 1
PERMANENT IMPACTS ZONE 2
TEMPORARY IMPACTS MUNICIPAL ZONE
TEMPORARY IMPACTS ZONE 2
TEMPORARY IMPACTS ZONE 1 360360360360360360360360360
360360
36036036036036036036036036036036036536536536
5
3
6
5
3
65365
365365365365
365365365365365365365365365
3653653653
6
5
3
6
5365365
36
5
365365365365365365365365365370
370370370370
370
370370370370370370370370370
370370
3703703703703703
7
0
3
7
0
3
7
0
37037037
0
3
7
0
370370370370
370370370370370370370370370370375375375375
375375375375375
375
375375375375375375
37
5
3
7
5
3
7
5
375
3
7
537537
5
37
5
375
375
375375375375375375375375375375375375375375380380380380380380380380380
38038038038038038
0380380
38
0
38
038038
0
380380
380380380380380380380380380380380380380380385385385385385385385385
3853853853853853
8
5
38
53853
8
5
385
3
8
5385385385385
385
385385385385385385385385385385
38538538538538538539
0
3
9
0
390
390 3903903603
6
0360
360360360360360365365365365BYDATEREVISIONSNo.DATESHEET NUMBER CHECKED BY: TDW SCALEDESIGNED BY: DJD KHA PROJECT019139023NORTH CAROLINA1"=50'DRAWN BY: DJD $DATE$$FILE$$DATE$DURHAMWWW.KIMLEY-HORN.COMNC LICENSE #: F-0102© 2021PHONE: [phone] MORRIS STREET, DURHAM, NC 27701, SUITE 200DO NOT USE FOR CONSTRUCTION
PRELIMINARY PLANS
PHASE 1PARKWAYNORTHERN DURHAM PLAN VIEWR2.01
APPROVED
PUBLIC WORKS DEPARTMENT
CITY OF DURHAM
TRANSPORTATION
STORM WATER
ENGINEERING DATE
DATE
DATE
DATE
DATE
MATCH LINE -L- STA 42+00.00 (SEE SHEET R2.00)MATCH LINE -L- STA 56+00.00 (SEE SHEE
T
R2.02)
UNLESS OTHERWISE NOTED (APPLIES TO ALL SHEETS)
1. RADII DIMENSIONS ARE TO THE EDGE OF PAVEMENT
GENERAL SHEET NOTES:
CONCRETE ISLAND
5" MONOLITHIC
SITE 1
SITE 2A
WETLAND (W9)
WETLAND (W18)
OPEN WATER (P2)
WETLAND (W16)
WETLAND (W10)
STREAM (S10)
IMPACTS LEGEND:
STREAM (S16)
PERMANENT IMPACTS MUNICIPAL ZONE
(SCALE 1"=25')
SITE 2A IMPACT ZOOM-IN 5055
-L- PC Sta. 49+60.29
-L- PT Sta. 47+30.29
-L- PC Sta. 42+96.95
-L- PT Sta. 54+04.43
D
PI Sta 45+26.40
L = 433.34'
T = 229.45'
R = 533.00'
NORTHERN DURHAM PARKWAY
-L-
-L- PC Sta. 56+34.43
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
24" RCP-IV
30" RCP-IV
CB
JB w/MH
JB w/MH
(BURIED 1.0')
89 LF 12' x 6' RCBC
95 LF 42" RCP-IV CULVERT
2118
2116
2115
2114
2113
2112
2111
2110
2109
2108
2106
2107
2105
2104
2103
2102
2101
2GI-D
CB-G
CB-G
CB-G
CB-G
2GI
CB-G
CB-F
CB-F
CB-F
CB-F
CB-F
CB-F
2117
BOX
TREATMENT
TSS
24" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
24" RCP-IV
24" RCP-IV
24" RCP-IV
24" RCP-IV
18" RCP-IV
GRADE TO DRAIN
SEE DETAIL 1
SPECIAL CUT DITCH
SEE DETAIL 2
EST 60 SY GFD
EST 30 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
SEE DETAIL 2
EST 12 SY GFD
EST 6 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
30" RCP-IV
CB
18" RCP-IV
JB w/MH
(BURIED 1.0')
89 LF 12' x 6' RCBC
2118
2116
2115
2114
CB-F
CB-F
2117
2203
2202
2204
2201
BOX
TREATMENT
TSS
BOX
TREATMENT
TSS
24" RCP-IV
24" RCP-IV
24" RCP-IV
18" RCP-IV
18" RCP-IVOO
PERMANENT IMPACTS ZONE 1
PERMANENT IMPACTS ZONE 2
TEMPORARY IMPACTS MUNICIPAL ZONE
TEMPORARY IMPACTS ZONE 2
TEMPORARY IMPACTS ZONE 1
3603
6
0
3
6
0 360360 360360360
360
360
3603603
6
0 3603603603653
6
5365 3653
6
5365 365365365365
365
365
365
365
365
365
365365365365365
3653653703
7
0370370 370370370370370
370 3703
7
0 370370370370370
370
370
370370370
370
370
370370370
370
3703703703703703703703703753
7
5375375375 375375375375375375375375375375375375375375375375375375375375375375375375
375
375
375
375375375
375 375375375375375375375375375375375380
3803803803803803803
8
0
380380380380380380
380380380380380380380380 380380
380
380380380380380380380
380380380380
380
380380380380
380380380380380380380380380380380380380380380385
3853853853853853853853853853
8
5
3
8
5385385 385385385385385385385
385385385
385 3853853853853853853853853853853853853853853903903
9
0
390
390 390390390
390390390390390390
390
390
390390390390390390390390390390390390390390390390
(60' PUBLIC R/W)FERRELL ROADSSSGRAVEL DRIVEGRAVELDRIVEGRAVELDRIVE1-STORYBLOCKRESIDENCEWELLWELLCHAINLINK FENCE1-STORYBLOCKRESIDENCERETAININGWALLCHICKENCONCRETEDRIVEINVERT 15"RCP376.93'INVERT 15"RCP376.88'INVERT 12"RCP380.16'INVERT 12"RCP380.14'INVERT 12"RCP384.70'INVERT 12"RCP384.90'INVERT 12"RCP383.65'INVERT 12"RCP383.57'BYDATEREVISIONSNo.DATESHEET NUMBER CHECKED BY: TDW SCALEDESIGNED BY: DJD KHA PROJECT019139023NORTH CAROLINA1"=50'DRAWN BY: DJD $DATE$$FILE$$DATE$DURHAMWWW.KIMLEY-HORN.COMNC LICENSE #: F-0102© 2021PHONE: [phone] MORRIS STREET, DURHAM, NC 27701, SUITE 200DO NOT USE FOR CONSTRUCTION
PRELIMINARY PLANS
PHASE 1PARKWAYNORTHERN DURHAM PLAN VIEWR2.02
MATCH LINE -L- STA 56+00.00 (SEE SHEET R2.01)
APPROVED
PUBLIC WORKS DEPARTMENT
CITY OF DURHAM
TRANSPORTATION
STORM WATER
ENGINEERING DATE
DATE
DATE
DATE
DATE
UNLESS OTHERWISE NOTED (APPLIES TO ALL SHEETS)
1. RADII DIMENSIONS ARE TO THE EDGE OF PAVEMENT
GENERAL SHEET NOTES:
CONCRETE ISLAND
5" MONOLITHIC
WETLAND (W6)
EXCLUDED
STREAM (S6)
EXCLUDED
WETLAND (W8)
OPEN WATER (P1)
WETLAND (W4)
SITE 2B
STREAM (S2)
SITE 2A
IMPACTS LEGEND:
IMPACTS LEGEND:
PERMANENT IMPACTS MUNICIPAL ZONE 60-L- PT Sta. 54+04.43
-L- PC Sta. 56+34.43
-L- PT Sta. 61+25.56
PI Sta 58+57.80
D
L = 423.03'
T = 223.36'
R = 533.00'
-L-6570-L- PC Sta. 69+76.33
R = 533.00'
T = 115.40'
L = 227.29'
D
PI Sta 70+91.73
NORTHERN
DURHAM
PARKWAY
-L-
-Y1- POT Sta. 18+39.41
-L- POT Sta. 67+65.95=
D
DS = 40 MPHDS = 40 MPH
15
20 (SR 1671)FERRELL ROAD-Y1-PI Sta 15+18.32
D
L = 363.23'
T = 182.40'
R = 1,600.00'
PI Sta 23+58.02
D
L = 397.59'
T = 200.31'
R = 1,320.00'
-Y1-
DS = 40 MPHDS = 40 MPH
-Y1- PT Sta. 16+99.15
-Y1- PC Sta. 21+57.71
-Y1- PC Sta. 13+35.92
-Y1- POT Sta. 12+50.00
-L- POC Sta. 70+00.00
-Y1- POC Sta. 23+00.00
18" RCP-IV
CB
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
JB w/MH
JB w/MH
18" RCP-IV
JB w/MH
100 LF 10' X 7' RCBC (BURIED 1')
the site grading in this area in the xsc is a bit funky...
2203
2202
2204
2203
2206
2208
2207
2210
2209
2211
2212
2214
2213 2215
2216
2218
2217
2201
BOX
TREATMENT
TSS
CB-E
CB-E
2GI
CB-G CB-G
BOX
TREATMENT
TSS
TBJB W/ MH
CB-G
CB-G
CB-G CB-G
CB-F
24" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
RCP-IV
18"
18" RCP-IV
RCP-IV
18"
18" RCP-IV
18" RCP-IV
18" RCP-IV
18" RCP-IV
SEE DETAIL 3
SPECIAL LATERAL 'V' DITCH
SEE DETAIL 2
EST. 80 SY GFD
EST. 40 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
SEE DETAIL 2
EST. 150 SY GFD
EST. 75 TONS
CLASS 'B' RIP RAP
TOE PROTECTION
NDP Ph. II - Crossing 1
Wetland Impact < 0.25 Ac.
NDP Ph. II - Crossing 2
Wetland Impact < 0.50 Ac.
Stream Impact < 300 LF
Buffer Impact > 1/3 Ac.BenbowRdPervis Rd
Cheek Rd
F
Northern Durham Parkway - Phase 2 Anticipated Impacts
Northern Durham Parkway
Durham, Durham County, NC
October 2021
Legend
Prop. Edge of Travel
Prop. ROW
Jurisdictional Streams
Approximate Ph. II Streams
Jurisdictional Wetlands
Approximate Ph. II Wetlands
Approximate Ph. II Open Water
Northern Durham Parkway - Phase I Study Area
0 350 700
Feet AbandonedRailroad
Page 7
kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000
Appendix 4
Section D (3 & 4)
NCMDS ILF Acceptance Letter
EBX Mitigation Statement of
Availability
ROY COOPER Governor
ELIZABETH S. BISER
Secretary
Marvin Williams
City of Durham
101 City Hall Plaza, 3rd Floor
Durham, NC 27701
NORTH CAROLINA Environmental Quality
November 10, 2021
Project: Northern Durham Parkway Phase 1
Expiration of Acceptance: 5/10/2022
County: Durham
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (OMS) 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 OMS 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 OMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to OMS. Once OMS 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 OMS website.
Based on the information supplied by you in your request to use the OMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and ass igned to OMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
(8-diait HUC)
Neuse 03020201 Warm Stream 366
Upon receipt of payment, OMS 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 OMS in-lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
cc: William Sullivan, agent
Sincerely, 1��
FOR James. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street I 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

EBX Buffer Mitigation Banks
Statement of Availability November 11, 2021

NC Division of Water Resources
Rob Ridings
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh, NC 27604

Re Project: Northern Durham Parkway – Phase 1

This document confirms that City of Durham (Applicant) for the Northern Durham Parkway – Phase
1 (Project) has expressed an interest to utilize 36,774.00 Square Feet of Riparian Buffer Mitigation
Credits from the EBX sponsored Upper Neuse Riparian Buffer Umbrella Mitigation Bank or EBX-Neuse
I, LLC sponsored Bucher Mitigation Bank. The specific bank site to be debited will either be Cedar
Grove, Hatley or Bucher all located in HUC 03020201 and in the Falls Lake watershed. As the official
Bank Sponsor, EBX and EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation
at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 919-209-1075 or [e-mail] if you have any questions or need additional
information.
Best Regards,

Caitlan B. Parker
Resource Environmental Solutions, LLC
701 E. Bay Street, Suite 306
Charleston, SC 29403

Bank Sponsors – Environmental Banc & Exchange (EBX) and EBX-Neuse I, LLC
Page 7
kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000
Appendix 5
Section G (7)
NCSHPO Response Letter

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Secretary D. Reid Wilson
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

July 22, 2021

William Sullivan [e-mail]
Kimley-Horn
421 Fayetteville Street, Suite 600
Raleigh, NC 27601

Re: Commercial development, bounded by Junction Road and Ferrell Road, Durham, Durham County,
ER 21-1497

Dear Mr. Sullivan:

Thank you for your letter of May 28, 2021, regarding the above-referenced undertaking. We have reviewed
the submittal and offer the following comments.

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 [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.

Sincerely,

Ramona Bartos, Deputy
State Historic Preservation Officer

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kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000
Appendix 6
City of Durham and Scannell
Properties #515, LLC Utility
Extension Agreement
UTILITY EXTENSION AGREEMENT FOR WATER, SEWER, AND
STORMWATER SERVICES
THIS UTILITY EXTENSION AGREEMENT (hereafter "Contract"), is made and
entered into as of the 30th of September, 2021, by and between Scannell Properties #515, LLC,
a limited liability company (hereafter "Developer") and the CITY OF DURHAM, a North
Carolina municipal corporation (hereafter the "City");
WHEREAS, the Developer proposes to extend water and sewer to serve Junction and
Ferrell, an industrial development with approximately 1,000,000 square -feet, located at 1200
Junction Road, further described as Parcel ID's 169723, 169722, 169730, 169587, 169589,
227036, 169586, 227035, 169585, 169727, 169726, 168454 ("the Property").
WHEREAS, the Developer requires water and sewer lines that will connect to the City's
water and sewer systems in order to enable construction of the above described development or
such other development as may be approved by the Durham City Council; and
WHEREAS, the Property is outside the City limits and Developer has submitted a petition
for annexation of the Property to the City;
WHEREAS, the City is not obligated to offer utility service to property outside its
corporate limits and requires, among other things, that such properties enter into a utility extension
agreement and be annexed into the City, unless annexation is excused by the City Council;
WHEREAS, unless annexation has been excused by the City Council, the City's
obligations under this Contract are effective upon the effective date of City annexation of the
property;
WHEREAS, under City ordinance, Developer is required to pay all costs associated with
this Contract, in particular the costs associated with the design, materials, and installation of water,
sewer, and stormwater infrastructure, required street infrastructure, and other related costs; and
WHEREAS, at its meeting held August 16, 2021, the City Council authorized this
Contract in accordance with the terms set forth below;
NOW THEREFORE, in consideration of ten dollars and other valuable consideration, the
receipt of which is hereby acknowledged, the Developer and the City, and their heirs, successors,
and assigns agree:

1. Included Appendices. Appendix A (Annexation) and Appendix B (Project Specific
Provisions) are a part of this Contract.
2. Effective Date. If Appendix A (Annexation) has been included in this Contract, the
City's obligations under this Contract are effective upon the effective date of City annexation.
This Contract creates no obligation for the City to annex the Property or to proceed with the
annexation of the Property on any particular timetable, which decisions shall be in the discretion
of the City Council. In the event the Property is not annexed, this Contract shall be null and void
unless the City Council approves a Contract modification to allow extension of utility services
without annexation. If Appendix A (Annexation) is not part of this Contract, the obligations of
this Contract shall become effective upon execution by the parties.
3. Definitions and Rules of Interpretation. In this Contract, the following terms, whether
capitalized or not, shall have the meanings set forth below, unless it is clear in the Contract that
the context requires otherwise. In addition, the rules of interpretation set forth below shall apply.
"City" means the City of Durham.
"City Requirements" mean all ordinances, policies, standards, and specifications
prescribed by the City applicable to the development activity, work, or construction
undertaken pursuant to this Contract. Such Requirements may include, but are not
limited to, the Unified Development Ordinance, the City Code, and standards for
processing of and construction of infrastructure many of which are contained in the City's
Reference Guide for Development maintained by the City Department of Public Works.
"Developer" is the owner of the Property or the entity which has contracted to
purchase the various parcels composing the Property thereby becoming the owner of the
Property, and is the entity identified in the first paragraph of this Contract. "Developer"
includes successors in interest and assigns.
"Improvements" means all infrastructure required by the City that allows water
and sewer to be delivered to or from the Property and integrated into the City's utility
system, and all infrastructure, which may include natural features, that allows stormwater
from the Property to be managed in accordance with City Requirements. It includes, but
is not limited to, lines, mains, outfalls, water and sewer connections to the street mains
including meter box and meter yoke, water meters to the extent required under City
Requirements, all construction and repair to streets and rights of way within which water,
sewer, or stormwater infrastructure is located, pump stations, water towers, water booster
stations, and all natural and constructed stormwater infrastructure that carries or treats
stormwater, or mitigates the impact of stormwater. It may include, if allowed under City
Requirements, natural features and improvements located on individual lots to the extent
they are part of the planned stormwater system or contribute to meeting water quality
requirements.
"Person" includes natural persons, firms, companies, associations, partnerships,
trusts, corporations, governmental agencies and units, and other legal entities.

"Project" means the development approved by the Durham City Council for the
Property through a zoning action, and any committed elements that, if also approved,
would establish additional conditions for such zoning.
"Property" means the land located at Parcel ID's 169723, 169722, 169730,
169587, 169589, 227036, 169586, 227035, 169585, 169727, 169726, 168454.
"Water and/or sewer" refer to the particular utilities being installed by Developer,
which may include water only or sewer only, or both, as generally described in Appendix
B and as ultimately determined through City review of site plans and construction
drawings.
The following rules of interpretation apply: (1) The singular includes the plural,
and the plural the singular; (2) The word "shall" is mandatory.
4. Developer's Obligation. The Developer shall bear the total cost and expense of all the
obligations and duties created by this Contract unless otherwise explicitly stated in this Contract.
Those obligations and duties are, generally, to create all Improvements as may be required by the
City in accordance with this Contract and with City Requirements. Such Improvements include
but are not limited to: i) all Improvements within the Project; ii) all Improvements connecting to
water, sewer, or stormwater infrastructure outside the Project, whether existing or planned; iii)
modifications to any existing water, sewer, or stormwater infrastructure outside the Project that
facilitate provision of utility service to the Project, or compliance with City Requirements, or
integration of the Improvements with the surrounding existing or planned water, sewer, or
stormwater system; and iv) new streets or alterations to existing streets or rights of way within
which the Improvements are located. The Developer's obligations also include all costs,
including but not limited to legal costs, of acquiring all fees or easements within which the
Improvements will be located.
5. Improvements. A general description of the Improvements to be constructed to serve
the Project is set forth in Appendix B. The final determination of the number, scope, size,
materials, and location of required Improvements shall be as determined in the discretion of the
City with jurisdiction over the utility service provided and shall be made in connection with site
plan and construction drawing approval.
6. Street work. Streets within the Project shall be constructed in accordance with City
Requirements, which include payments for installation of particular types of streets.
7. City Requirements. Design, construction, materials, sizing, other specifications,
permitting, inspections, testing, documentation and furnishing of as -built drawings, and
acceptance of completed infrastructure shall be in accordance with City Requirements. Design
and construction shall be by professionals licensed in the state of North Carolina to do the
relevant work. City approval of the design of the Improvements shall be required prior to
construction, as set forth in City Requirements. If Developer is connecting to the County sewer
system, the City may require Developer to furnish the contract providing for such connection.

8. Contracts. Developer shall ensure that its contracts for design and construction of the
Improvements do not shorten or limit any otherwise applicable warranties or statutes of
limitation. In addition, Developer shall ensure that such contracts contain an assignment clause
that allows assignment of any warranties regarding the constructed Improvements to the City.
For certain Improvements, the City may require that Developer's contracts identify the City as a
3rd party beneficiary, or may require prior consultation regarding contractors for the project. If
such requirements are applicable to this Project, it shall be shown in Appendix B, or the City will
notify Developer in a timely manner of such requirements prior to the Developer's contracting
for Improvements.
9. Compliance; Permits. All activity undertaken pursuant to this Contract shall be in
compliance with federal and state law and regulations and City Requirements. Developer shall
obtain all permits and approvals required to do the work authorized under this Contract.
10. Conflicts. In the event of conflict between this Contract and any law, state or federal
regulation, or City Requirements, the stricter of the applicable provisions shall control.
11. Testing. Developer shall pay for any testing deemed necessary to determine that the
Improvements, and their environmental impact, comply with federal or state law and regulations,
or City Requirements.
12. Dedication to City. With the exception of Improvements that are designated in
Appendix B or in site plan approvals as private, upon completion of the Improvements in
accordance with City Requirements, the Developer shall dedicate to the City, in the manner
specified by the City, the Improvements located within public streets, and all outfalls, pump
stations, water booster stations, and water towers. In addition, any property in which the
Improvements are located shall be dedicated if it has not already been dedicated. Upon
acceptance of the dedicated Improvements by City Council, the City shall thereafter be
responsible for maintenance. The determination as to whether the Improvements comply with
City Requirements shall be made by the Director of Public Works or designee in his or her sole
discretion. The City may require, among other things, certified as -built plans for the
Improvements; a release of liens from contractors and subcontractors; additional plats or deeds
for property containing the Improvements; releases of any mortgage or security interests in such
property; and any other information the City deems to be necessary to accept the constructed
Improvements.
13. Warranty/Repair. Developer warrants that the Improvements shall be constructed in
accordance with City Requirements and other applicable professional standards, fit for the
purpose for which they were constructed, and free from defects for a one year period which shall
run from the time of acceptance by the City. Developer shall be responsible for repairs needed
during the one year period. Upon request by the City, Developer will assign any warranty rights
it has under its contracts to the City.
14. City Extensions. Developer agrees that in accordance with City Requirements, the City
may make extensions from or connections to water, sewer, and stormwater improvements that

Developer has dedicated to the City. City Requirements provide for reimbursements to be made
to the Developer for such connections/extensions in certain circumstances. If such are available
under this Contract, they are described in Appendix B.
15. Assignments/Reimbursements. Developer shall notify the City in writing of any
assignment of the obligations under this Contract and/or change in the entity to receive
reimbursements under this Contract, in the event that future reimbursements are provided for in
Appendix B or pursuant to City Requirements. An assignment by Developer of the obligations
under this Contract does not limit the obligations of successor owners of the property unless i)
the assignee owns a substantial part of the property; and ii) there is a written modification of this
Contract approved by the parties to replace the Developer with the assignee to the exclusion of
other owners. If reimbursements are provided for under this Contract, they shall be made to the
original Developer or to a successor in interest who has been identified in writing as entitled to
the reimbursements. In the absence of a party that legally exists that has been identified as
entitled to the reimbursements, the City shall hold the reimbursements for three years from the
various dates they are received. After the three year period, the reimbursements shall be
forfeited to the City. The City may, but is not required to, provide notice of potential
reimbursements to successors in interest to the original Developer. In the event of dispute
between owners claiming an interest in the reimbursements, the City shall hold the
reimbursements until legal resolution, if a lawsuit has been filed. If legal action is not filed
within three years, the reimbursements shall be forfeited to the City. Identification of new
owners entitled to reimbursements shall be in a manner which in form and substance meets the
City's directives.
16. No obligations. This Contract does not create any express or implied obligation that the
City: i) reserve or create water or wastewater treatment capacity; ii) approve a permit or
connection, which shall be granted only upon compliance with all requirements of law, including
City Requirements; iii) offer utility services to any user within the Project; iv) provide a
particular quantity. quality, or pressure for the water serving the Project; v) waive or not charge
fees that are otherwise applicable pursuant to City Requirements; or vi) approve annexation of
the Property or a particular zoning of the Property.
17. No vesting. Developer agrees that no vested rights exist that would impact the City's
consideration of its proposed development, and that no vested rights shall be claimed for the
proposed development until and unless annexation and zoning are approved, if they are
approved, and such further development approvals are given as would, under the law, create a
claim regarding vested rights.
18. Contract a Covenant that Runs with Land. The obligations and entitlements of this
Contract are covenants that run with the Property, and are binding on all heirs, assigns,
successors in interest, and other subsequent owners. Within 30 days of Contract execution,
Developer shall record this Contract, and shall furnish the City a copy of the recorded document
and a statement from an attorney licensed to practice law in North Carolina, in form and
substance acceptable to the City, that the Contract has been recorded, and that the obligations of
the Contract are binding upon all subsequent owners of the Property. No development approvals
shall be issued by the City in the absence of recordation and certification as described above.

19. Notice.
(a) Mode and Designated Recipients. All notices and other communications
given under this Contract shall be written, and made by personal delivery, fax, Federal
Express, or United States mail, addressed as follows. The parties are also requested to
send a copy by email.
To the City:
Public Works Director
Depai liiaent of Public Works
City of Durham
101 City Hall Plaza
Durham, NC 27701-3329
Fax: [phone]
Email: [e-mail]
To the Developer:
Scannell Properties #515, LLC
Attention: Joel Scannell
8801 River Crossing Blvd.
Suite 300
Indianapolis, IN 46240
Phone: [phone]
Email: [e-mail]
(b) Change of Address. Notice of a change of address, fax number, or person to
receive notice shall be provided to the other party in writing through one of the means
described above.
(c) Time of Receipt. A notice or other communication is effective upon delivery
to the other party if it is personally delivered or sent by fax. Notice sent by mail or
Federal Express is effective upon the second work day after the date it was sent, as
evidenced by a postmark or similar indicia, or upon actual delivery.
20. No Third Party Rights. This Contract is intended for the benefit of the City and
Developer and not for any other Person, and no such Persons shall enjoy any right, benefit, or
entitlement under this Contract.
21. Nondiscrimination Policy; EEO. The City of Durham opposes discrimination on the
basis of race and sex and urges Developer to provide a fair opportunity for minorities and women
to participate in its work force and to contract with Developer. During the performance of this
Contract Developer agrees that it shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, political affiliation or belief,
age, or handicap.

22. Governmental Authority Retained. Nothing contained in this Contract shall be deemed
or construed to in any way stop, limit, or impair the City from exercising or performing any
regulatory, policing, legislative, governmental, or other powers or functions, or shall limit the
City's discretion in the exercise of such powers and functions.
23. Remedies; Breach. The parties shall have all remedies allowed by law to enforce this
Contract. Substantial breach of this Contract shall result in the Contract becoming void, at the
election of the nonbreaching party. Prior to voiding the Contract, the party alleging a substantial
breach shall give notice to the other party and shall afford an opportunity to cure of at least 60
days. In addition, in the event of breach by Developer, the City may withhold any permit or
approval related to development, construction, or occupancy in the Project. Enumeration of
these remedies is not exclusive.
24. Services Dependent on Improvements. The City's furnishing of water and/or sewer
service to the Property is dependent upon completion of the Improvements. In the event
Developer does not complete the Improvements, Developer and its successors in interest shall
have no entitlement to receive water and/or sewer service. Entitlement to water and/or sewer
service is dependent upon: annexation (if required); city zoning; completion of and conformance
with this Contract; construction of the Improvements by Developer or its successors in interest;
water and/or sewer capacity at the time of completion; and compliance with all other lawful
requirements.
25. Termination. Developer's failure to initiate substantial construction activity within five
years of execution of this Contract, and continue said construction expeditiously toward
completion, with adequate forces, and in good faith may result in termination of this Contract, at
the election of the City. The City's Public Works Director shall determine if such failure exists,
and shall notify Developer in writing. Developer shall have at least 90 days to initiate or increase
construction activity. Final notice of termination shall be given by the City Manager or a Deputy
City Manager.
26. Waiver. No action or failure to act by the City shall constitute a waiver of any of its
rights or remedies that arise out of this Contract, or constitute approval of or acquiescence in a
breach thereunder, except as may be specifically agreed in writing.
27. Contract not Severable. In the event any substantive provision of this Contract is
declared unenforceable the Contract shall become void. This paragraph, however, does not
prohibit the parties from agreeing to eliminate or modify the unenforceable provision or enter
into a new agreement.
28. Modifications. Substantial modifications of the Contract shall be approved by the City
Council. Minor modifications, modifications of Appendix B regarding Improvements, and
substitution of an assignee owner of a substantial portion of the Property for the original
Developer may be approved by the City Manager or deputy or assistant City Manager without
Council approval. Without exclusion as to other minor modifications, a modification to the
Project which both reduces the overall density of and utility demand within the Project or which
would not be considered to be a significant deviation under the standards set forth in Section 3.5

of the Unified Development Ordinance is a "minor modification" under this Paragraph. A
modification of this Contract is not valid unless it is signed by both parties and is otherwise in
accordance with requirements of law. Further, a modification is not enforceable against the City
unless it is signed by the City Manager or a deputy or assistant City Manager.
29. Recordation of Status of Agreement. The City shall cooperate with the Developer in
executing any form to be filed by the Developer in the event that the Contract is voided,
terminated or superseded, or its requirements are fully satisfied.
30. Entire Agreement. This Contract contains the entire agreement between the parties
pertaining to the subject matter of this Contract. With respect to that subject matter, there are no
promises, agreements, conditions, inducements, warranties, or understandings, written or oral,
expressed or implied, between the parties, other than as set forth or referenced in this Contract.
31. Choice of Law and Forum; Process Agent. This Contract shall be deemed made in
Durham County, North Carolina. This Contract shall be governed by and construed in
accordance with the law of North Carolina. The exclusive forum and venue for all actions
arising out of this Contract shall be the North Carolina General Court of Justice, in Durham
County. Such actions shall neither be commenced in nor removed to federal court. This
limitation, however, shall not apply to subsequent actions to enforce a judgment entered in
actions heard pursuant to this subsection. Developer shall maintain a registered agent in North
Carolina with the office of the N. C. Secretary of State.
32. Indemnification.
(a) In general. The terms of subsection (c) (Standard Indemnification Provision) below
shall apply to the Contractor, subject to subsections (d) through (k), where applicable.
(b) Definitions. These definitions apply to this Section unless otherwise stated.
Contractor — Each party to this contract except the City of Durham.
Construction agreement -- any promise or agreement in, or in connection with, a
contract or agreement relative to the design, planning, construction, alteration, repair,
or maintenance of a building, structure, highway, road, appurtenance, or appliance,
including moving, demolition, and excavating connected therewith.
Defend —In this Section except in subsection (c), defend means to pay for or furnish
counsel at the expense of the Contractor to defend any of the Indemnitees against
claims alleged or brought against any of the Indemnitees by a third party alleged or
brought in any court or other tribunal, including forms of alternative dispute
resolution required by law or contract, before the court or tribunal has reached a final
determination of fault.
Derivative parties -- with respect to a party, any of that party's subcontractors, agents,
employees, or other persons or entities for which the party may be liable or
responsible as a result of any statutory, tort, or contractual duty.
Design professional -- a person or entity who is licensed under and provides
professional services regulated by Chapters 83A, 89A, 89C, 89E, or 89F of the N. C.
General Statutes.

Design professional agreement -- any promise or agreement in, or in connection with, a
contract or agreement with a design professional to provide design professional
services.
Design professional services -- a service or work performed by a design professional for
which licensure is required under Chapters 83A, 89A, 89C, 89E, or 89F of the N. C.
General Statutes.
Fault — a breach of contract; negligent, reckless, or intentional act or omission
constituting a tort under applicable statutes or common law; or violations of
applicable statutes or regulations.
Indemnitees -- City and its officers, officials, independent contractors, agents, and
employees, excluding the Contractor.
Subcontractor — any person or entity, of any tier, providing labor or material through the
Contractor for use on the project at issue in the applicable construction agreement or
design professional agreement.
(c) Standard Indemnification Provision. (i) The Contractor shall defend, indemnify, and
hold harmless Indemnitees from and against all Charges that arise in any manner from, in
connection with, or out of this contract as a result of acts or omissions of the Contractor or its
derivative parties. In performing its duties under this subsection "c," the Contractor shall at its
sole expense defend Indemnitees with legal counsel reasonably acceptable to City. (ii)
"Charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties,
obligations, fines, penalties, royalties, settlements, and expenses. Included without limitation
within "Charges" are (1) interest and reasonable attorney's fees assessed as part of any such
item, and (2) amounts for alleged violations of sedimentation pollution, erosion control,
pollution, or other environmental laws, regulations, ordinances, rules, or orders -- including but
not limited to any such alleged violation that arises out of the handling, transportation, deposit, or
delivery of the items that are the subject of this contract. By appropriate litigation, each
Indemnitee, severally; shall have the right to enforce this section (titled "Indemnification")
directly against the Contractor, but not against the City of Durham.
(d) Restriction regarding Indemnitees' Negligence. This contract shall not require the
Contractor to indemnify or hold harmless Indemnitees against liability for damages arising out of
bodily injury to persons or damage to property proximately caused by or resulting from the
negligence, in whole or in part, of Indemnitees.
(e) Restriction regarding Fault in Construction Agreements and Design Professional
Agreements. If this contract is a construction agreement or design professional agreement,
nothing in this contract requires the Contractor to indemnify or hold harmless Indemnitees or any
other person or entity against losses, damages, or expenses unless the fault of the Contractor or
its derivative parties is a proximate cause of the loss, damage, or expense indemnified.
(f) Restriction regarding Negligence of Design Professionals. Nothing in this contract
requires the Contractor, provided that it is a design professional, to defend Indemnitees or any
other person or entity against liability or claims for damages, or expenses, including attorney's
fees, proximately caused or allegedly caused by the professional negligence, in whole or in part,
of the Contractor, the City, or their derivative parties, whether the claim is alleged or brought in
tort or contract.
(g) Liability When at Fault. The parties intend that nothing in this contract shall be
construed to exclude from any indemnity or hold harmless provisions enforceable under
subsection (d) (Restriction regarding Indemnitees' Negligence) and subsection (e) (Restriction

regarding Fault in Construction Agreements and Design Professional Agreements) any attorneys'
fees, litigation or arbitration expenses, or court costs actually incurred by the City to defend
against third party claims alleged in any court, tribunal, or alternative dispute resolution
procedure required of the City by law or by contract, if the fault of the Contractor or its
derivative parties is a proximate cause of the attorney's fees, litigation or arbitration expenses, or
court costs to be indemnified. Every provision in this contract that violates the parties' intent
expressed in the preceding sentence shall be construed and revised to the extent that it is lawful
in order to make the provision conform with such intent.
(h) Insurance Contracts and Bonds. This Section does not affect an insurance contract,
workers' compensation, or any other agreement issued by an insurer; and this Section does not
apply to lien or bond claims asserted under Chapter 44A of the N.C. General Statutes.
(i) Other Provisions. Every provision in this contract that violates subsection (d)
(Restriction regarding Indemnitees' Negligence), subsection (e) (Restriction regarding Fault in
Construction Agreements and Design Professional Agreements), or subsection (f) (Restriction
Regarding Negligence of Design Professionals) shall be construed and revised to the extent that
it is lawful in order to make the provision conform with those subsections.
(j) Survival. This Section shall remain in force despite termination of this contract
(whether by expiration of the term or otherwise) and termination of the services of the Contractor
under this contract.
(k) Compliance with Law. This Section shall be applied to the maximum extent allowed
by law but it shall be construed and limited as necessary to comply with N.C.G.S. § 22B-1. This
Section is not to be construed in favor or against any party as the drafter. The preceding
sentence is not intended to imply or direct how the remainder of this Section or of this contract is
to be construed.
33. E-Verify Requirements. (a) If this contract is awarded pursuant to North Carolina
General Statutes (NCGS) 143-129 — (i) the Developer represents and covenants that its
contractor and its subcontractors comply with the requirements of Article 2 of Chapter 64 of the
NCGS; (ii) the words "contractor," "contractor's subcontractors," and "comply" as used in this
subsection (a) shall have the meanings intended by NCGS 143-129(j); and (iii) the City is relying
on this subsection (a) in entering into this contract. (b) If this contract is subject to NCGS 143-
133.3, the contractor and subcontractors shall comply with the requirements of Article 2 of
Chapter 64 of the NCGS.
34. Iran Divestment Act Certification. Developer certifies that, if it submitted a successful
bid for this contract, then as of the date it submitted the bid, the Developer was not identified on
the Iran List. If it did not submit a bid for this contract, the Developer certifies that as of the date
that this contract is entered into, the Developer is not identified on the Iran List. It is a material
breach of contract for Developer to be identified on the Iran List during the term of this contract
or to utilize on this contract any contractor or subcontractor that is identified on the Iran List. In
this Iran Divestment Act Certification section -- "Developer" means the person entering into this
contract with the City of Durham; and "Iran List" means the Final Divestment List — Iran, the
Parent and Subsidiary Guidance List — Iran, and all other lists issued from time to time by the
N.C. State Treasurer to comply with G. S. 147-86.58 of the N.C. Iran Divestment Act.

IN TESTIMONY WHEREOF, the parties hereto have executed this Contract as of the dates
shown below.

State of
Scannell Properties #515, LLC
By:
Manager
County of &I Gl/ L/r/'L.
I certify that 1 etrc. P'leji VLg personally (I) appeared before me this
day, (2) stated that he or she is a manager of Scannell Properties #515, LLC, a limited liability
company organized and existing under the laws of the State of : 'loft /..4tA,- ,
(3) acknowledged that the foregoing agreement with the City of Durham carries on in the usual
way the company's business, nd (4) acknowledged�the due execution of the contract on behalf of
the company. This the / day of � ma`s`• 20 a I .
My commission expires: 2426 U(,Q- /'�J • `,,,,,,,rtrrrrr,,,,,,,,
\Notar Public G. T '%,
,& tott c, ' 9y'.
NOTARY PUBLIC
Commisslon Number
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ATTEST: CITY OF DURHAM
Attest:
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Dianalynn Schreiber • '%yO,Q%'•j•,/. •wa
City Clerk - • Durham, NC 4" 'uu„ N Ni' '
preaudit certificate, if applicable
Wade Page
CoMmager
By:
This instntment has been pre -audited in the manner required by the
Local Goverwlient Bud and Fiscal Control Act.
Deputy ice Officer — Einily Desiderio
City of Durham

APPENDIX A -ANNEXATION PROVISIONS
1. The Developer shall ensure that all actions are taken to ensure that the Property may be
legally annexed by the City. Developer shall ensure that the annexation petition it has submitted
and all supporting documents and certifications required by the City are updated as required in
the discretion of the City and remain valid until the City Council gives final approval or
disapproval to the annexation. Prior to the effective date of annexation, if the City determines to
annex the Property, Developer shall not seek any development approvals from any governing
unit other than the City of Durham. Such approvals include, but are not limited to, zoning (if it
has not already been granted by the County for the Property), and in addition site plans,
preliminary plats, final plats, building permits, or construction drawings for properties or
buildings contained within the Property, except where another governmental entity has
jurisdiction. Applications for approval of a sedimentation and erosion control permits, and other
State and Federal permits, may be made, but if granted, no activity shall be conducted pursuant
to any such approval.
2. A valid annexation petition shall consist of a petition signed by all owners of and within
the Property that meets the requirements of State law for petitioned annexation for contiguous or
noncontiguous areas, whichever is applicable. Necessary supporting documents shall include a
certificate of title for the Property, current as of the date of submittal to the City, a metes and
bounds description of the Property, a map of the Property that corresponds to the metes and
bounds description of the Property, and any other information specifically requested by the City.
3. The City may terminate this Contract, and/or refuse to provide such service to any part of
the Property, and/or void or deny permits to construct water and/or sewer lines to any part of the
Property if the Developer does not comply with the annexation provisions of this Contract.
4. In the event the Property includes lots that have already been developed, or have already
received building permits, Developer shall pay to the City the equivalent of the City's capital
facility fees for such lots, calculated as of the date of execution of this Contract, unless the
proposed development for the Project to be approved by City Council eliminates the already
existing development from the Property. Such payment shall be made to the Department of
Inspections prior to the approval of the first additional building permit requested within the
Property, and prior to issuance of permits for construction of water and/or sewer lines within the
Property.

APPENDIX B -PROJECT SPECIFIC PROVISIONS
1. Water service shall be provided as described in the Summary Utility Development
Statement issued by the Department of Water Management dated August 6, 2021 (Exhibit 1).
Water lines shall meet all City Requirements, including but not limited to size, design standards,
loop feed requirements (with two waterline feeds constructed and operational prior to issuance of
the 100th Certificate of Compliance), fire flow requirements, and system needs. There shall be
no City participation in the cost. The Developer shall extend water lines through the Project to its
boundaries as directed by the City to allow for future extension.
2. Sewer service shall be provided as described in the Summary Utility Development
Statement issued by the Department of Water Management dated August 6, 2021 (Exhibit 1).
All sewer Improvements, including size, location, and service area shall meet City Requirements.
There shall be no City participation in the cost. The Developer shall extend sewer and easements
through the Project to its boundaries as directed by the City to allow for future extensions. The
Developer shall acquire all offsite sewer easements.
3. The City will make refunds to the Developer for connections made by subsequent
property owners to City water, and/or sewer lines constructed by the Developer in a street, if any,
in accordance with City Requirements. These refunds will be made to the Developer for a period
of ten (10) years after the completion of the water and/or sewer line. After ten (10) years have
expired, charges received for connecting to the water and/or sewer lines will not be refunded to
the Developer. These refunds will be in an amount equal to the frontage charge collected, not to
exceed one-half the average cost to the Developer per linear foot of pipeline installed.
4. The Developer shall pay frontage charges at the prevailing rate to the City for any street
frontages within or adjacent to the Project where the Developer does not install a City water or
sewer line. These frontage charges shall be paid to the City prior to the time that the Project's
water or sewer lines are constructed (Section 70-17 of the City of Durham Code of Ordinances).
Developer acknowledges that frontage charges are paid to the City as payment for the City's past
investment in water and sewer line infrastructure that will serve the Project and also anticipated
future maintenance and upgrades to this water and sewer line infrastructure.
5. The Developer shall pay water and/or sewer capital facility fees at the current rate as set
by City Council for all new water and/or sewer connections to the City's water and/or sewer
system. If the Project did not require the subdivision of land, the capital facility fees shall be
paid to the City at the time water meters and/or sewer service connections are paid for. If the
Project required the subdivision of land, then the capital facility fees shall be paid for prior to the
issuance of a building permit for the Project. These requirements are consistent with
N.C.G.S.162A-213. Developer shall pay the City for the installation of water and/or sewer
service laterals installed by the City (Durham City Code of Ordinances § 70-50). Developer
acknowledges that these fees and charges are reimbursement to the City for services provided to
the Project by the City and for the City's past investment in the City's water and wastewater
treatment facilities and also anticipated future maintenance and upgrades to these facilities.

6. The Developer shall construct necessary Improvements to manage stormwater quantity,
rate of runoff, and stormwater quality in accordance with City Requirements in effect at the time
of site plan submission for each portion of the Project. Prior to submission of the first site plan
within the Property, the Developer shall submit a stormwater plan that covers the entire Project
and that addresses storm water quantity and quality as required under City Requirements and that
proposes appropriate phasing of Improvements as part of such Plan. No site plan shall be issued
until such stormwater plan is approved. In addition to compliance with City Requirements in
effect at the time of site plan submission, the Developer shall ensure that any stormwater
mitigation or offsite credits proposed as part of its stormwater plan is achieved within Durham
County, or outside Durham County if none are available in Durham County, and meets any
additional requirements regarding location that may exist in City ordinance at the time.
7. The Developer agrees to dedicate the right of way for Northern Durham Parkway within
the Project, and such right of way shall be one hundred and ten feet (110') in width. In addition,
the Developer agrees to construct one half of the cross section of Northern Durham Parkway as
indicated on Exhibit E ("Developer Constructed Parkway"), to be permitted by the U.S. Army
Corps of Engineers (USACE) and the North Carolina Division of Water Resources, within the
North Carolina Department of Environmental Quality (NCDEQ), in accordance with the City's
and NCDOT's construction requirements. Accordingly, the dedication of the full width right of
way, and the construction of the Developer Constructed Parkway shall be completed by the
Developer, at no cost to the City. Furthermore, the Developer shall maintain the Developer
Constructed Parkway until such time that the Developer Constructed Parkway is accepted for
maintenance by NCDOT.
Due to the fact that Northern Durham Parkway is a boulevard reflected on the duly -adopted
Comprehensive Transportation Plan, and it is not designed to be a private driveway serving the
Project, the City agrees to be the applicant for the Section 404 Nationwide Permit #14 required
from the USACE, and the Section 401 General Water Quality Certification and Riparian Buffer
Authorization required from NCDEQ ("Permits") to construct the Developer Constructed
Parkway. The Developer agrees to indemnify the City pursuant to Paragraph 32 of the Contract
for any Charges that arise from Developer's construction and/or maintenance of the Developer
Constructed Parkway. Both the Developer and the City agree that all costs associated with
obtaining the Permits shall be paid by the Developer, and that Kirnley-Horn and Associates, Inc.
shall be the consultant responsible for designing and preparing the applications for the Permits
for the Developer Constructed Parkway.

Exhibit 1
DURHAM CITY OF DURHAM — SUMMARY UTILITY DEVELOPMENT STATEMENT
* Department of Water Management
• **1.* 1600 Mist Lake Drive I Durham, NC 27704
919.560.4381 I F 919.560.4479
1869
CITY :If .Nra,
www.durhamnc.gov
Date: 8/6/21
PROJECT INFORMATION SUMMARY
Project Name:
Parcel ID(s) i at airisl: 227035, 169585, 169730, 169722, 169587, 169589, 227036. 169586, 169723, 169726, 169727, 168454
Project Description/Type, per RGD Section 5.0, and Unit Count:
Industrial; research with sprinklers (3,000 gpm, Required Fire Flow); 1,000,000 SF
Junction and Ferrell
UTILITIES STATEMENT
Per discussion with the applicant and review of the attached Utility Impact Analysis Questionnaire, the City of
Durham Department of Water Management has determined the following utilities will be required to serve the
proposed project:
GENERAL: The applicant may increase the proposed area by 100,000 SF without
triggering a new Summary Utility Development Statement.
WATER: The proposed project site is within the 566' pressure zone and will require one
waterline connection. The applicant will need to extend existing waterline from the
intersection of Geer St and Ferrell Rd, east through the entire Ferrell Rd project frontage
(see exhibit). All public water mains must be constructed within public ROW or dedicated
easements, public waterlines under private streets or common areas are not permitted.
SEWER: The proposed project site is within the NDWRF drainage basin. There are 3
options for connection to sewer. Option #1: The applicant will connect to the new outfall
being constructed by the Griffin Place development (see exhibit B). Option #2: If Griffin
Place development outfall is not in place, applicant must build an outfall to sewer
manhole at Carpenter Rd and Vestavia Dr (MH 30609) per the attached exhibit B from
GP-MH-7 to MH 30609. The City will not assist in obtaining sewer easements. Option #3:
The developer will build a private lift station on site with a private forcemain connecting to
3A) the City gravity sewer main via a manhole in Junction Rd or 3B) a developer built
gravity sewer in Ferrell Rd to MH 30609 (see exhibit C). All public sewer mains must be
constructed within public ROW or dedicated easements, public sewer lines under private
streets or common areas are not permitted.
ADDITIONAL REQUIREMENTS
❑ Review and approval of a Lift Station PER is required before any lift station drawings will be reviewed
❑Q Flow calculations are required for water meters 3-inch or greater
❑■ Applicant is responsible for performing fire flow analyses to ensure that the required fire flow can be
provided to each proposed hydrant
I• Utility Extension Agreement required
❑ Reimbursement Agreement required

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Exhibit E
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JUNCTION AND
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NORcOLK SOUTHERN RIGHT-CFA.
EXHIBIT
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PARKWAY
EXTENSION MAP
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