20211808 Ver 1_ePCN Application_20211210

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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*
20211808
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
518 MLK Parkway
1a. Who is the Primary Contact?*
Camden Brunick
1 b. Primary Contact Email:
[e-mail]
Date Submitted
12/10/2021
Nearest Body of Water
Northeast Creek
Basin
Cape Fear
Water Classification
WS-V;NSW
Site Coordinates
Latitude:
Longitude:
35.939743
-78.905974
A. Processing Information
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
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
1c. Primary Contact Phone:*
[phone]

ID#
N/A
Pre -fling Meeting or Request Date
8/18/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
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):
NWP 18 - Minor Discharges
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
Version
N/A
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
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:
New Creation United Methodists Church
2b. Deed book and page no.:
DB: 007877 DP: 000723
2c. Contact Person:
Keya Strudwick
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d.Address
Street Address
201 S. Alston Avenue
Address Line 2
City
Durham
Postal / Zip Code
27701
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
James Bradford
3b. Business Name:
3c. Address
Street Address
425 E Pilot Street
Address Line 2
City
Durham
Postal / Zip Code
27707
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Camden Brunick
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
411'. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Proiect Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Durham
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
U

2a. Property Identification Number:
0729-02-87-1176
2b. Property size:
+/- 9.65
2c. Project Address
Street Address
518 Martin Luther King Jr. Parkway
Address Line 2
City
Durham
Postal / Zip Code
27713
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Northeast Creek
3b. Water Resources Classification of nearest receiving water:*
WS-V;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020605
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Existing conditions onsite consist primarily of forested land as well as a unnamed road that borders the east side of the property boundary. There is one (1) wetland feature (W1) located
on the northwestern side of the property. There is also one (1) intermittent stream feature (SA) that starts just above W1 on the northern property boundary before it dissipates offsite.
Martin Luther King Jr. Parkway bounds the property to the south. General land use in the vicinity of the project consists of residential and commercial development as well as forested land.
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:
Approximately 6,604 SF
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct a multi -family residential development and its necessary infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of the construction of a multi -family residential development, including but not limited to roadway infrastructure, stormwater devices, utilities, residential
structures, mailbox kiosk and a playground. Specifically, there is one (1) wetland impact for SCM fill and one (1) wetland impact for lot fill. Equipment typically used for construction and
earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
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-2008-02688
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
City of Durham: Site visit and buffer determination issued on September 11, 2019 (COD Jordan # 2019-020).
USACE: Determination issued by April Norton on November 22, 2021. ***Please note that PJD has not been issued to date and that box 5b. above was checked to provide information.
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?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
Impact 1A
2a1 Reason (?)
Lot Fill
2b. Impact type*(?)
P
2c. Type of W.
Headwater Forest
2d. W. name*
W1
2e. Forested*
Yes
2f. Type of Jurrsdicition*
Both
2g. Impact
area
0.021
(acres)
Impact 1B
SCM Fill JL
Headwater Forest
W1
Yes
Both
0.079
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.100
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.100
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Jordan Watershed buffer evaluation for the entire property in order to identify natural resources so that
impacts could be avoided and minimized to the maximum extent practicable. Impact 1A is proposed permanent wetland impacts for lot fill. A retaining
has been utilized to minimize wetland impacts to the maximum extent practicable. The lot fill is being proposed at the headwaters of wetland W1 to
minimize overall proposed impacts. Impact area 1 B is proposed wetland fill for an SCM. The options for locating the SCM on this development site were
severely limited by several physical and logistical constraints. Vehicle access to this site is only available from an existing drive on its eastern boundary
and, as required by Durham's LIDO, there must be two points of ingress and egress. These vehicle access and connectivity points remove a sizeable
portion of the site from consideration for placement of the SCM. This area is further reduced by a LIDO required 50' buffer of a completely non -disturbed
area on the eastern perimeter of the site. The northern and southern perimeter buffers were able to be reduced.
Additionally, the site's general topography and drainage and areas of steep slope also limit options for SCM placement. Multiple grading studies
performed by the project engineers have demonstrated that the only location where the SCM is possible to capture all runoff from the impervious surface
of the completed development is the proposed SCM location. The areas of steep slopes along most of the property's western and southern boundaries
effectively eliminate those locations also as options for accommodating an SCM. It should be noted that the proposed development has been designed
to avoid riparian buffer impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing, diversion ditches, and skimmer sediment basins will be utilized.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
There are no proposed stream impacts and all permanent loss wetland impacts are less than 0.10 of an acre.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
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:
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and
silvicultural operations. The 518 MLK Jr. Blvd project is a residential development. Additionally, the project is located within the city of Durham ETJ,
therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Water
Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 2) the Phase II NPDES
Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -
construction stormwater management requirements, and 3) the Jordan Watershed Riparian Buffer Protection regulations, these regulations require
limited development within the riparian buffer area in addition to "diffuse flow" requirements and may require Best Management Practices that control
nitrogen if diffuse flow cannot be achieved. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
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.
Non -discharge wastewater will be generated and treated at the Triangle Wastewater Treatment Facility which has a capacity of 12 MGD.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No

5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
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
Unknown
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?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
December 14, 2020. The USFWS has 30 days to respond from the date of the sent request. Please see attached S&EC Threatened & Endangered
Species report. S&EC will provide a USFWS response once received.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on August 5, 2021, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries.
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?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
PCN Attachments_518 MLK.pdf 15.48MB
File must be PDF or KMZ
Comments
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 NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
,v

Full Name:
Camden Brunick
Signature
GAAW /6�
Date
12/10/2021

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27015 • Phone: (919) 84 i-5900 • Fax: [phone]
sandcc.cam
AGENT AUTHORIZATION
Project Name/Description: 518 MLK Parkway S&EC Project # 12446
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: April Norton Field Office: Raleigh Regulatory Field Office
I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0729-02-87-1176
Site Address: 518 Martin Luther King Jr Parkway
City, County, State: Durham Durham County NC
APPLICANT INFORMATION:
Name: James Bradford
Mailing Address: 425 E Pilot street, Durham, NC 27707
Telephone Number: 919-226-0999
Email: [e-mail] or [e-mail]
James Bradford
Applicant (please print) Date
_
Applicant Signature
8/13/2021
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

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Project Number: Map Title: N
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Project Manager: FIgUP@ 1 - USGS Map
SB New Creation United Methodist
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Scale: 1 if = 1000' Durham County, NC
Source:2016 NC Southwest Soil &Environmental Consultants, PA
Date' 8412 Falls of Neese Road, Suile 104, Raleigh, NC 2 615 • Rhone: [phone] • Fax: [phone]]
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Potentially Jurisdictional Wetland 1 and any other additional information. Approximations were mapped using
#I topographic maps, air photos and ground truthing. If the site is going
to be disturbed, S&EC's detailed delineation should be approved and
Potential 50' Durham Stream Buffer permitted by the U.S. Army Corps of Engineers as required. If the user of
this work desires an accurate map of the regulated features flagged by
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Camden Brunick
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, November 22, 2021 3:25 PM
To: Steven Ball
Cc: Deborah Shirley
Subject: Jurisdictional Determination Concurrence (SAW-2008-02688) United Methodist Church
Attachments: Sketch Map.pdf
Dear Steven Ball,
Reference is made to Corps Action ID: SAW-2008-02688. Please reference this number on any correspondence regarding
this action.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown on the delineation map entitled, "Wetland Sketch Map" and dated
4 29 2019.
Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256
provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type
where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon
for use in the permit evaluation process, including determining compensatory mitigation. This verification does not
address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as
such.
This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under
the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an
appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional
documentation.
Due to workload volume, it may take 90 -120 days or more for the issuance of a standalone JD; however, you may use
the delineation for planning and permitting purposes.
Thanks,
April
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: April. [e-mail]

DURHAM
1869
CITY OF MEDICINE
CITY OF DURHAM
Department of Public Works
Stormwater Services
101 City Hall Plaza I Durham, NC 27701
919.560.4326 1 F 919.560.4316
www.durhamnc.gov
September 11, 2019
Via E-mail
Steven Ball
Soil & Environmental Consultants, PA.
919-846-5900
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[e-mail]
SUBJECT: New Creation United Methodist Church Property
REFERNCE: COD Jordan # 2019-020
Project Name
New Creation United Methodist Church Property
PIN
0729-02-87-1176
Parcel ID
133837
Location/Directions
518 Martin Luther King Jr Parkway
Sub Stream
Northeast Creek
Date of
Determination
09/4/19
Table 1. Stream Feature Determination New Creation United Methodist Church Property
Not
Stream
Soil
USGS
Feature
Subject
Start @
Stop @
Subject
Type
Survey
Topo
City of Durham flag
Continues Away From
SF1
X
"COD Start
Project Area
Intermittent
X
Intermittent'
Wetlands are regulated 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

Feature Determination --New Creation United Methodist Church Property Page 2 of 3
may request a determination by DWR. An appeal request must be made within sixty (60) calendar
days of the date of this letter or from the date the affected party (including downstream and/or
adjacent owners) is notified of this letter. A request for a determination by DWR shall be referred
to them in writing c/o Karen Higgins, 401 and Buffer Permitting Section, 1617 Mail Service Center,
Raleigh, NC 27699-1617.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm,
excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
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.
Durham — Where Great Things Happen

Feature Determination --New Creation United Methodist Church Property Page 3 of 3
Sincerely,
Dave Milkereit
Environmental Planning and Compliance Coordinator
[e-mail]
Stormwater Quality Unit
P: [phone], ext. 30310
Attachments:
Table 1. Stream Feature Determination New Creation United Methodist Church Property
Consultant's Topographic Map - Figure 1
Consultant's Soils Survey Map - Figure 2
City of Durham's Site Map: "New Creation United Methodist Church Stream Determination " -Figure 3
Durham — Where Great Things Happen

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MARTIN LUT��_
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New Creation United
Methodist Church
Stream Determination
9/5/2019

•
Soil & Environmental Consultants, PA
8412 falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • lax: [919) 846-9467
sandec.com
To: U.S. Fish and Wildlife Service December 3, 2020
Raleigh Field Office S&EC Project No: 12446.W8
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Online Project Review Request, New Creation Church (518 MLK Parkway), Durham —
Durham County, North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review December 3, 2020 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of A planned residential development that is proposing impacts to
wetlands.
The location of the project and the action area are identified on the enclosed maps.
518 MLK Parkway (35.940140,-78.905096). The site is located at 518 Martin Luther King Junior
Parkway, Durham — Durham County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 18, 2022.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 18.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Specialist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Preliminary Site Plan Drawing

Environmental Consultants,
8412 falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone
sandcc. com
December 3, 2020
S&EC Project No.: 12446.W8
To: Hallmark Commercial
Attn: Mark Galifianakis
PO Box 1700
Raleigh, NC 27602
Re: THREATENED & ENDANGERED SPECIES REPORT
New Creation Church (518 MLK Parkway) (+/- 10 acres)
518 Martin Luther King Junior Parkway, Durham, Durham County, NC
Dear Mark Galifianakis:
On November 13, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the New Creation
Church property (518 MLK Parkway) shown on the attached maps for potential endangered species. The
property is located at 518 Martin Luther King Junior Parkway in Durham County, NC. Surface waters
onsite flow into Northeast Creek in the Cape Fear River Basin, which has been classified in the
"Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina"
as WS-IV;NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types and looking for evidence of the listed species onsite. This survey did
not include any detailed sampling or netting. The results of the search are discussed below.
New Creation Church (518 MLK Parkway) - S&EC Threatened & Endangered Species Report
Page 1 of 4

December 3, 2020
S&EC Project #12446.W8
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Michaux's Sumac (Rhus michauxii), Endangered
• Smooth Coneflower (Echinacea laevigata), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within 1 mile of the project area. No State
listed species were found within the project area. The NHP report identified two managed areas within
the project area or within 1 mile of the project area. These are listed out in the attached NHP Report.
ATLANTIC PIGTOE (Fusconaia masonry:
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels).
The NHP report did not list any known elemental occurrence within the project area or within 1 mile
of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with
excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate
to high flowing water. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does not exist onsite. There are no
perennial streams onsite. Due to these observations we have concluded that the project would have
"No effect" on the Atlantic Pigtoe.
NHCHAUX'S SUMAC (Rhus michauxir):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's Sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found no suitable habitat
New Creation Church (518 MLK Parkway) - S&EC Threatened & Endangered Species Report
Page 2 of 4

December 3, 2020
S&EC Project #12446.W8
within the project areas. The entire project area was walked, and no sumac species were found. It
should be noted that this preliminary survey was done outside of the optimal survey window (May -
October). Given the lack of species present and lack of suitable habitat, we concluded that the project
would have "No effect" on Michaux's Sumac.
SMOOTH CONEFLOWER (Echinacea laevigata):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We found
no individual Smooth Coneflower species within the project area. The NHP report did not list any
known elemental occurrence within the project area. We found no suitable habitat within the project
areas. It should be noted that this preliminary survey was done outside of the optimal survey window
(May -October). Given the lack of species present and lack of suitable habitat, we have concluded that
the project would have "No effect" on Smooth Coneflower.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile
of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb
nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no induvial species. Due to
the nature of the project being residential development, we concluded that the project would "May
affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the
FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally -listed endangered or threatened species, their formally designated
New Creation Church (518 MLK Parkway) - S&EC Threatened & Endangered Species Report
Page 3 of 4

December 3, 2020
S&EC Project #12446.W8
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Specialist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Preliminary Site Plan Drawing
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. November 13, 2020.
7. NHP report re: November 13, 2020.
8. S&EC — FWS Species Conclusion Table. December 3, 2020.
9. S&EC — FWS Self -Certification Letter. December 3, 2020.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaQ & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masonz). Version
1.2. March, 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
New Creation Church (518 MLK Parkway) - S&EC Threatened & Endangered Species Report
Page 4 of 4

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United States Department of the Interior`"
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: November 13, 2020
Consultation Code: 04EN2000-2021-SLI-0236
Event Code: 04EN2000-2021-E-00497
Project Name: New Creation Church
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

11/13/2020 Event Code: 04EN2000-2021-E-00497
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratory birds/CurrentBirdlssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at [e-mail].

11/13/2020 Event Code: 04EN2000-2021-E-00497
Attachment(s):
• Official Species List

11/13/2020 Event Code: 04EN2000-2021-E-00497
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

11/13/2020 Event Code: 04EN2000-2021-E-00497
Project Summary
Consultation Code: 04EN2000-2021-SLI-0236
Event Code: 04EN2000-2021-E-00497
Project Name: New Creation Church
Project Type: DEVELOPMENT
Project Description: The project is located at 518 Martin Luther King Jr. Parkway in Durham,
NC. This site is approximately 9 acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.9402809230854lN78.90475057623718W
Counties: Durham, NC

11/13/2020 Event Code: 04EN2000-2021-E-00497 3
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Clams
NAM L STATUS
Atlantic Pigtoe Fusconaia masoni Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened
Species profile: https:Hecos.fws.gov/ecp/species/5164
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Smooth Coneflower Echinacea laevigata Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3473
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFF ICE'S
JURISDICTION.

MEN Roy Cooper. Governor
•s ; NC DEPARTMENT OF Susi Hamilton, Secretary
■■ ■■ NATURAL AND CULTURAL RESOURCES
013
0 Walter Clark, director, Land and Water Stewardship
NCNHDE-13316
November 13, 2020
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: New Creation Church: 12446.W8
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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65

tupP��,�,NT OF P,SF' F1euSERVICH
N 20 United States Department of the Interior
� a
9 FISH AND WILDLIFE SERVICE R
��RCH 3 fah lo 5
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:
December 3, 2020
Self -Certification Letter
Project Name New Creation Church (518 MLK Parkway)
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
❑✓ proposed/designated critical habitat; and/or
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

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

Camden Brunick
From: Mason Montgomery
Sent: Monday, December 14, 2020 4:13 PM
To: Raleigh, FW4
Cc: Deborah Shirley
Subject: New Creation Church T&E
Attachments: S&EC New Creation Church T&E Report Signed.pdf
Hello,
Attached is the Threatened and Endangered species report for the New Creation Church (518 MLK Parkway) project
located in Durham County, NC. S&EC is submitting for concurrence. Please let me know if any additional information is
required when making your determinations.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road. Suite 104
Raleigh, INC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
Visit us at sandec.com
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communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
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