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HomeMy WebLinkAbout20211847 Ver 1_401 Application_20211216Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* Version* 1 20211847 Is this project a public transportation project?* Yes • No Reviewer List: * Colleen Cohn:eads\cmcohn Select Reviewing Office: * Raleigh Regional Office - (919) 791-4200 Does this project require a request for payment to be sent?* Yes No Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Project Contact Information Name: Michelle Measday Who is submitting the information? Email Address: mmeasday@ecslimited.com Project Information Project Name: 101 Roche Drive Parking Lot Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Durham Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 49-14220-B 101 Roche Drive Parking Lot Project 13.87MB 404-401 Permitting App.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: Application for a NWP 18 for the construction of a parking lot. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: � 44P" Submittal Date: Is filled in automatically. ECS SOUTHEAST, LLP Geotechnical . Construction Materials . Environmental 5260 Greens Dairy Road Raleigh, NC 27616 Telephone 919-861-9910 To: US Army Corps of Engineers Regulatory Specialist 3331 Heritage Trade Drive, Suite 1-5 Wake Forest, NC 27587 We are sending you the following items via: Email LETTER OF TRANSMITTAL Date: November 3, Project No. 49:14220-B 2021 COPIES DATED DESCRIPTION 1 11/3/2021 49:14220-B: 101 Roche Drive Parking Lot request for Nationwide Permit 18 — Minor Discharges These are transmitted as checked below: X For your use As requested REMARKS Attached is the PCN request packet for ECS Project 49:14220-B, 101 Roche Drive Parking Lot located at 101 Roche Drive in Durham, North Carolina. If you have any questions, please contact Michelle Measday at (919) 861-9821 or MMeasdgya-ecs limited.co m. SIGNED:' COPY TO: Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- 2021-01515 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: 101 Roche Drive Parking Lot (ECS 49-14220-B) 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The purpose of the project is to construct a parking lot on the 10.11-acre site located at 101 Roche Drive near the intersection with TW Alexander Drive in Durham, Durham County, North Carolina. The site is identified by Durham County GIS website as Parcel Identification Number (PIN) 0758-01-28-4926. The site consists of cleared area and wooded land. The project is to construct a parking lot to serve an existing delivery company located approximately 0.5 miles away. The parking lot will provide employee parking and van parking for the delivery company. Approximately 4,345-SF (0.0997-Ac) of wetlands will be impacted with the project. 4. Property Owner / Applicant [PCN Form A3 or A4]: Alexander Industrial Park Associates, LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Michelle Measday / ECS 6. Related Action ID Number(s) [PCN Form 135b]: NA 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 101 Roche Drive, Durham, Durham County, North Carolina 35.917777,-78.823338 8. Project Location —Tax Parcel ID [PCN Form Bla]: 0758-01-28-4926 9. Project Location — County [PCN Form A2b]: Durham County 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Durham 11. Project Information —Nearest Waterbody [PCN Form 132a]: Stirrup Iron Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Neuse/03020201 Authorization: Section 10 ❑ Section 404 ✓❑ Regulatory Action Type: Standard Permit ✓ Nationwide Permit 9 18 Regional General Permit 9 Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 0 ECS SOUTHEAST, LLP "Setting the Standard for Service" 0 Geotechnlcal • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 NC Registered Geologists Firm C-406 SC Registered Engineering Firm 3239 November 3, 2021 U.S. Army Corps of Engineers Regulatory Specialist 3331 Heritage Trade Drive, Suite 1-5 Wake Forest, NC 27587 Reference: Pre -Construction Notification Application Request for Nationwide Permit 18 — Minor Discharges 101 Roche Drive Parking Lot 101 Roche Drive and TW Alexander Drive Durham, Durham, North Carolina ECS Project No.: 49:14220-B To Whom It May Concern, Please find the attached Request for Pre -Construction Notification (PCN) for a Nationwide Permit 18 — Minor Discharges. The purpose of the project is to construct a parking lot to support an existing delivery service located approximately 0.50-miles from the site. Background The project study area (PSA) is an approximate 10.11-acre tract that is located at 101 Roche Drive at the intersection of Roche Drive and TW Alexander Drive in Durham, Durham County, North Carolina (Figure 1). The site is identified by the Durham County Geographic Information Systems (GIS) website as Parcel Identification Number (PIN) 0758-01-28-4926. The site consists of cleared area and wooded land. The proposed project involves the construction of a parking lot for an existing delivery business located approximately 0.50 miles from the site. The parking lot will be utilized for employee parking and van parking related to the delivery business. The project also includes driveway access, stormwater management, landscaping, lighting, and utility infrastructure. The development plan proposes a total impact of 0.0997 acre to jurisdictional wetlands associated with grading for the parking lot, retaining wall, and stormwater management measures. Closing On behalf of the applicant, Capital Civil Engineering, ECS respectfully requests the use of NWP 18 to authorize permanent impacts to 0.0997 acre of jurisdictional wetlands. ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com PCN - Nationwide Permit 18 101 Roche Drive Parking Lot Durham, Durham County, North Carolina ECS Project Number: 49-14220-8 ECS looks forward to your attention to this request. Please contact me at (919) 861-9821 or MMeasday(a)-ecslimited.com with questions or if additional information is required. Sincerely, ECS SOUTHEAST, LLP Michelle Measday, PWS, CFM Environmental Senior Project Manager M M easday(a)-ecslim ited.com W. Brandon Fulton, LSS, PSC, PWS Environmental Principal BFulton(a)-ecslimited.com Attachments: Preliminary ORM Data Entry Fields for New Actions Form Agent Authorization Pre -Construction Notification Form Appendices Wetlands Impact Plan Figures 1 — 5 USFWS IPaC Letter USFWS Final 4(d) Rule for NLEB Verification Letter NCSHPO GIS USFWS IPaC Database Search NHP Response Letter K El x STAi� n *Fae vu NORTH CARCLINA Environmental Quality Water Resources Office Use Only Corps Action I D no. [Click to enter.] Date received: [Click to enter.] DWR project no. Dlick enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.917641 Longitude (DD.DDDDDD): 78.822967 Form Version 4, April 4, 2021 Pre -Construction Notification (PCN) Form (Ver. 4, April 4, 2021)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: httas://edocs.dea. nc.aov/WaterResources/0/edoc/624704/PCN%20HeID%20File%202018-1-30.Ddf The help document may be found at this link: httD://www.saw. usace.army.mil/M issions/Regulatory- Perm it- Program/Perm its/2017-Nationwide- Permits/Pre-construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 11/3/2021 DWR ID # Click to entei Version Click to ente (If applicable) Page 1 of 20 PCN Form - Version 1.5, September 2020 A. Processing Information County (counties) where project is located: Durham Additional (if needed). Is this a NCDMS project? (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to entF ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? ❑ Yes ❑x No Please provide the date of the previous submission. Click tn PntPr a riatP ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑ Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s) (list all numbers ): 18 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text 1d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Page 2 of 20 PCN Form - Version 1.5, September 2020 Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. To read more information on when this form is needed prior to application submission: https://www.epa.gov/sites/production/files/2020-07/documents/clean water act section 401 certification rule.pdf To view the form: https://edocs.deg.nc.gov/Forms/DWR-Pre-Filing-Meeting-Request Is this a courtesy copy notification ❑ Yes ❑x No 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes ❑x No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 20 PCN Form - Version 1.5, September 2020 B. Applicant Information 1a. Who is the primary contact? Michael McQuillen, P.E. 1 b. Primary Contact Email: mmcquillen@capitalcivil.com 1 c. Primary Contact Phone: (###)###-#### 919-995-3660 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner ❑ Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Alexander Industrial Park Associates, LLC 2b. Deed Book and Page No.: 5194/841 2c. Contact Person (for corporations): K. Neil Morris 2d. Address Street Address: 8310 Bandford Way Address line 2: Click to enter. City: Raleigh State/ Province/ Region: North Carolina Postal/ Zip Code: 27615-2752 Country: United States 2e. Telephone Number: (###)###-#### 919-571-8263 2f. Fax Number: (###)###-#### Click to enter 2g. Email Address: neil@nemoco.com 3. Applicant Information (if different from owner) 3a. Name: Michael McQuillen 3b. Business Name (if applicable): Capital Civil Engineering 3c. Address: Street Address: 1011 Pemberton Hill Road Address line 2: Suite 203 City: Apex State/ Province/ Region: North Carolina Postal/ Zip Code: 27502 Country United States 3d. Telephone Number: (###)###-#### 919-249-8587 3e Fax Number: (###)###-#### 919-590-1687 3f. Email Address: mmcquillen@capitalcivil.com Page 4 of 20 PCN Form - Version 1.5, September 2020 4. Agent/ Consultant (if applicable) 4a. Name: Michelle Measday 4b. Business Name: ECS Southeast LLP 4c. Address: Street Address: 5260 Greens Dairy Road Address line 2: Click to entr City: Raleigh State/ Province/ Region: North Carolina Postal/ Zip Code: 27616 Country: United States 4d. Telephone Number: (###)###-#### 919-861-9910 4e Fax Number: (###)###-#### Click to entc 4f. Email Address: MMeasday@ecslimited.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army. mil/Missions/Reg ulatory- Perm it-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 20 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * 101 Roche Drive Parking Lot 1 b. Subdivision name (if appropriate): Click to enter. 1 c. Nearest municipality/town: * Durham 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 0758-01-28-4926 2b. Property size (in acres): 10.11 2c. Project Address: Street Address: 101 Roche Drive Address line 2: Click to enter. City: Durham State/ Province/ Region: North Carolina Postal/ Zip Code: 27703 Country: United States 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.917641 Longitude (-DD.DDDDDD): *-78.822967 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Stirrup Iron Creek 3b. Water Resources Classification of nearest receiving C; NSW water: * The Surface Water Classification map may be found at this link: https:Hncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Neuse 3c. In what river basin(s) is your project located? * Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030202010801 located: The Find Your HUC map may be found at this link: https:Hncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cd069db238ac3 Page 6 of 20 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See appendices 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑ No ❑x Unknown project (including all prior phases) in the past? If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? ❑ Yes ❑x No If yes, describe the completed work. UJUK W efltel teX1. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter te) 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.835 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 1932.51 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: Construct a parking lot to support a delivery service within 0.50 miles of the site. See appendices. 4i. Describe the overall project in detail, including the type of equipment to be used: See Appendices. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text Page 7 of 20 PCN Form - Version 1.5, September 2020 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: ,lick to enter text 5b. If the Corps made a jurisdictional determination, ❑x Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2021-01515 Name (if known): Michelle Measday 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: ECS Southeast LLP areas? Other: Click to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. Corps: 8/9/2021; State: 9/27/2021 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) 1-11LA Lu en Lei. 8. Scheduling of activity: 1 /2022 Page 8 of 20 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary ❑x Wetlands ❑ Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type 2d. Wetland Name 2e. Forested ? 2f. Jurisdiction Type 2g. Impact Area (ac) W1 Grading Permanent Headwater Forest Wetland B No Corps 0.0997 W2 Choose one Temp/ Perm Choose one Click to enter Y/I11 Choose one Click to enter W3 Choose one Temp/ Perm Choose onE Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Mick to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose onE Click to enter Y/I Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose onE Click to enter Y/1 ,hoose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.0997 ac 2g3. Total wetland impacts 0.0997 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: 4345 cy 2i. Comments: 'lick to enter text. Page 9 of 20 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a Impact Reason* 3b. Impact Duration 3c. Impact Type 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 dick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 ;lick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 dick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 dick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Mick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Mick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 ;lick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 lick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 0 linear ft M. Total temporary stream impacts: 0 linear ft 34. Total stream and ditch impacts: 0 linear ft 3j. Comments: LACK to enter. Page 10 of 20 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4b. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 dick to ent( Temp/ Perm Click to enter. Choose one :hoose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one -hoose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. ente P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. ente, 5f. Total Click to Click to Click to Click to Click to Click to Clicl enter. enter. enter. enter. enter. enter. enb 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑x Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to ente Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6i. Comments: LACK to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: See appendices. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: See appendices. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity 'ick to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.miI/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: lick to enter. Page 13 of 20 PCN Form - Version 1.5, September 2020 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. �Jirk to nntar 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ® Yes ❑ No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.,qov/about/divisions/energy-mineral-land-resources/energy-mineral-land-Permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑x Other SCM that removes minimum 30% nitrogen ❑x Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑ Yes ❑x No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guaIity/chapter%2002%20- %20environ mental%20manage ment/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ❑x Yes ❑ No reviewed and approved under a state stormwater program or state - approved local government stormwater program? ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply.) ❑ State If you have local government approval, please include the SMP on their overall impact map. ❑x Phase II ❑ USMP Local Government Stormwater Programs ❑ NSW ❑ Water Supply Page 15 of 20 PCN Form - Version 1.5, September 2020 Please identify which local government stormwater program you are using. Burlington/Alamance County State Stormwater Programs 0 Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? * 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? * 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): U11CK to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? * 3b. If you answered "no", provide a short narrative description: The project is a standalone project confined to the site. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * I ❑ Yes ❑ No ❑x N/A 4b. If yes, 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. Click to enter. Page 17 of 20 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ❑ Yes ❑x No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? L-11LK Lo enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ❑ Yes ❑x No 5g. Does this project involve bridge maintenance or removal? ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC and NC NHP Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Page 18 of 20 PCN Form - Version 1.5, September 2020 Explain: Click to enter 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://,qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural ❑ Yes ❑x No preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? See attached NCSHPO GIS imagery. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. lick to enter. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map Service Center GIS viewer and attached figures. H. Miscellaneous Comments: Click to enL,. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form - Version 1.5, September 2020 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the INC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the INC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Michelle Measday Signature: Michelle Measday Date: 11 /3/2021 Page 20 of 20 PCN Form - Version 1.5, September 2020 ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 INC Registered Geologists Firm 0-406 SC Registered Engineering Firm 3239 APPENDICES: C. Project Information and Prior Project History 4a. Existing Conditions: The site consists of wooded land and clear areas. 4h. Proiect Purpose The main purpose of this project is to construct a parking lot to support operations at a delivery company located within 0.50 acre of the site. The proposed parking lot will provide employee parking as well as parking for vans. The construction also includes driveway access from Roche Drive, landscaping, lighting, utility infrastructure for security lighting and to power the security gate and lighting. The wetland that will be impacted exists as the direct result of stormwater flow from a 52-inch outlet structure. Rip -rap at the bottom of the "pool' has become silted -in and overgrown. Maintenance of the "pool' area will impact wetlands that have developed, and newly proposed outfall structures will further impact the wetland. 4i. Describe the overall project in detail, including the type of equipment to be used: The proposed project involves the construction of a parking lot to support operations of a delivery service located 0.50 acres from the site. The wetland impacts are associated with an existing "pool' that receives stormwater from an existing 52-inch outlet structure. The "pool' has not been maintained properly and has become silted -in and overgrown with hydrophytic plants. The project proposes maintenance of the "pool' area, and introduction of two new outfall structures associated with the proposed stormwater management system. The construction of the project will not necessitate the use of any specialized construction techniques. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. Project related impacts include 0.0997-acre of permanent impacts to wetlands for the construction of a proposed parking lot including grading, construction of retaining walls, and the introduction of two outfall structures associated with the proposal stormwater management system onsite. All construction related impacts will be restored upon construction completion and replanted with a native seed mix. E. Impact Justification and Mitigation la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing Proiect: The parking lot was designed to minimize impacts to wetland, stream, and riparian buffers. Retaining walls are being utilized to avoid grading into wetlands and riparian buffers. ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and control erosion during sanitary sewer line installation activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State or Riparian Buffers Permanent wetland impacts associated with the project are 0.0997-acre. Proposed impacts do not exceed the permit limits for a Nationwide Permit 18. Therefore, mitigation is not proposed. F. Supplementary Information 5j. ECS reviewed the USFWS Information for Planning and Consultation (IPaC) Database to identify federally protection threatened/endangered species in Durham County, North Carolina. A targeted botanical survey was conducted onsite due to the potential for Michaux's sumac (Rhus michauxii) and smooth coneflower (Echinacea laevigata). The targeted botanical survey, which concluded that no species or habitat for either species occurs onsite, was submitted to USFWS for concurrence. Upon receipt of a concurrence letter from USFWS, the information will be forwarded to the Corps. 2 ECS SOUTHEAST, LLP "Setting the Standard for Service" M Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 NC Registered Geologists Firm C-406 SC Registered Engineering Firm 3239 Property/Site: Address of Site: Agent Authorization TW Alexander Drive at Roche Parcel Identification Number (PIN): 0758-01-28-4929 Owner Information: Name: Alexander Industrial Park Associates, LLC, Address: 8310 Bandford Way, Suite 101 Raleigh, NC 27615 Telephone Number: 919-571-8263 Fax Number: 919-571-1521 E-mail Address: neil(@nemoco.com Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in supppQd-gf this request jWluding stream/wetland matters in coordination with the USAC Property Owner Signature: Date: July 9. 20 n and perm t application: ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com IL i w A¢ ? �l L a _y n U Ir H Z W Z U J Er o JWOQ2 Qom_ o[ Er IrO y ~ 0 Z 00 a Z W ~ Cl)c ci H Z ocm = : m LL 0 m >> > O N y o Z 0 aa; N w LU 0 m (I� G T mLL d m> o> a a Q 17 iaawcg 0 a u a' z 'NI m` hj4 unoa szojo i to m LL O ¢ �= HZ Z (O aai m N col i z wov Cl) W= n T oz° c M 1 i ZOwOc > O � > m co N LU w Q >UQ Z U U G y N �. 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O i i _ M 9. n SNOIlIONOO JNIlSIX3 5Lx3n Y^ ' "��°` " $ a 13 N N b S ,J �— 11 ONINOZ ia33Ni�N3 ,ini� ,vlidv� - �� mno ON '.IIMM .1NO iNOON LOL 101 9NIMMVd 3AIMO 3HOON 6O6 ,III II I� i J i � / 1 NVId1OVdWIONVII3M 13 N N b S 11 ONINOZ ia33Ni�N3 ,ini� ,vlidv� - �— ON 'NVHMOO '3AINO 3HOON LOL ux3n ��� �� J g g a ,J 101 9NIMMVd 3AIMO 3HOON 6O6 ' "��°` ACEDO United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: November 02, 2021 Consultation Code: 04EN2000-2022-SLI-0184 Event Code: 04EN2000-2022-E-00417 Project Name: 101 Roche Drive Parking Lot Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 11/02/2021 Event Code: 04EN2000-2022-E-00417 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn—ellis@fws.gov. 11/02/2021 Event Code: 04EN2000-2022-E-00417 Attachment(s): • Official Species List 11/02/2021 Event Code: 04EN2000-2022-E-00417 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/02/2021 Event Code: 04EN2000-2022-E-00417 Project Summary Consultation Code: 04EN2000-2022-SLI-0184 Event Code: Some(04EN2000-2022-E-00417) Project Name: 101 Roche Drive Parking Lot Project Type: DEVELOPMENT Project Description: Construction of a parking lot Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)35.917298200000005,-78.82342436279407,14z Counties: Durham County, North Carolina 11/02/2021 Event Code: 04EN2000-2022-E-00417 3 Endangered Species Act Species There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/528 Clams NAME Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 STATUS Proposed Threatened Endangered 11/02/2021 Event Code: 04EN2000-2022-E-00417 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ November 2, 2021 Michelle Measday ECS Southeast LLP 5260 Greens Dairy Road Raleigh, NC 27616 RE: 101 Roche Drive Parking Lot; 49-14220-B Dear Michelle Measday: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program 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, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program 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 919.707.9121 / CO \ CO\ _ o \ \ / g 2 / CO $ \ / t 3 / CO e e O \ g CO} / g / \ 2 \ / ® \` \ ®\ / co \\ \/ !_ \ 2 /s /j \ \ / \ \ j\ / / / \ Ln �� ? \% _j / \ \ z 3 « % s \ 3 / 2/\/3 \\ / % / © / \ / ®3 ® 7 _ ƒ ` x / ©/ / g / w \ e & / ) \ \ \ \ Z m \ \ \ \ \ 4 / \ 999°© 7 \ / t \ CO ® m ° ® Z u \ \ � ƒ E - E c e /\ Z 0E \ �z \} / co cn / \ / \ / 5 0 / CO e ° © » CO CO \ ± E E e — § dE » \ \T \ \ u / ( \ \ z } = O a)» O CO�\ / co / / H 2e CO LE/\ ° s \ ( \ \ \ 2 \\ \ / t ° 2 my n \ E.± _ // \ / ( \\ CO \ 0 / \ /» J 0 m // / Ln COLn \.2 �\ / \ \ g \ / \ O - >� E = e / E \ D \ E \ \ 0 CO / \\ / / \ \ do / / O —j V�� J `: i L LL m r) L U O ry T— o Mr W r N T— W 2 Z U Z I ci I 24 1 I I I I � I I v i NAn/e rW m P Iron C°sek �Yg W rle iweiyY .g _ _ — _ — — — — _ — — — — — _ _ _— _ _ — — — — _ — s 0w m N W O U�= a �O LO mz v CA y0 �o �c . �mY o wLn x° o � w � wNUE 0 o aw mZ _U SOWN N O Z M O M N a DocuSign Envelope ID: 495123CB-579F-4A5B-B956-B4378D6939A7 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Alexander Industrial Park Associates, LLC Attn: Neil Morris 8310 Bandford Way, Suite 101 Raleigh, NC 27615 (via email neil@nemoco. com) NORTH CAROLINA Environmental Quality September 27, 2021 Subject: Buffer Determination Letter NBRRO 421-259 Durham County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 213.0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 213.0267) (governmental and/or interjurisdictional projects) Project Name TW Alexander Address/Location TW Alexander at Roche Drive. Durham Stream(s): Stirrup Iron Creek Determination Date: September 17 & Staff: Stephanie Goss September 27, 2021 VIM Not Soil USGS Feature �t� Subbject Subject Start @ Sto p @ Survey Topo po (z 1 P X Throughout pro )erty boundary X 3 P X Off Site Flows into 1 X 4 E X X 5 NP X Not Present X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. �__1 North Carolina Department of Environmental Quality I Division of Water Resources fro _0'00 ERaleigh Regional office 13800 Barrett Drive I Raleigh, North Carolina 27609 rx,ar.i �nHpi min TM�M �kQ�Itj 919.791,4200 DocuSign Envelope ID: 495123CB-579F-4A5B-B956-B4378D6939A7 TW Alexander Durham County Page 12 Explanation: The stream(s) listed above been located on the most recent published NRCS Soil Survey of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other streams located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. Ifsending via US Postal Service: c/o Paul Wojoski; D WR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Stephanie Goss at (919) 791-4256. Sincerely, DOGUSigned by: Se sit ti 6C�A9�825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Michelle Measday, ECS Limited (via email) RRO DWR File Copy/Laserfiche u 2 11 a ccw �¢z = a m N wZcc 0 04 U Q D az o 020 CL ccW a W LL m 3 o �o 0 �� o ��g W 4 ❑Z N O z cr a a OL a F Cn o o� odk- a 0 LO o LI7 - N • O t f ' 0 c co a �* m rf E c � ri 0 • IL v v 7 U_ N N LL � fG d Q T 7 v y� v 11 0 .1 CA_ w [_] z N w Z ti a m r.? kil ° Z O w O off[ > 1 � ib N LLl Q�7U¢¢ Z Z) Q 0 �' � M �wEE 6 O cn Q Cl XV T L"L_a 2.. 5o Q¢ 0 0 v m w LL t 0 Z N D a 4 � � CA. ►..� T V) z i 1 m Ln f 1 — LA 4CL L ' 0 n 0 z o 4r , f -� cr)rLl = v J �Y N E Y a. a o co N N C N m C U 0 II II J II II II (] W O = C N 0 Michelle Savage-Measday, PWS From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Sent: Monday, August 9, 2021 3:07 PM To: Kristen Cottrell Cc: Michelle Savage-Measday, PWS Subject: [EXTERNAL] RE: SAW-2021-01515 (TW Alexander Drive and Roche Drive / Durham NC / Durham County) Hi Kristen, I have reviewed the subject request. I do not need to conduct a site visit; however, I have comments regarding your Potential Wetlands/Water of the U.S. map. Ephemeral features are not regulated by the Corps. You may leave the feature on the map and it would be considered jurisdictional, or you could provide a stream form and an AJD form to have the feature excluded. Please let me know your preference. Thanks, April April R. Norton Regulatory Division US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 57 Fax: (919) 562-0421 Email: April.R.Norton@usace.army.mil From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Thursday, July 15, 2021 7:35 AM To: Kristen Cottrell <KCottrell@ecslimited.com> Cc: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com>; Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>; Thames, Joyce A CIV USARMY CESAW (USA) <Joyce.A.Thames@usace.army.mil> Subject: SAW-2021-01515 (TW Alexander Drive and Roche Drive / Durham NC / Durham County) Good Morning, We have received your Jurisdictional Determination (JD) request, assigned the request file number SAW-2021-01515 and forwarded it to Ms. April Norton for further processing. Please refer to this file number in all correspondence. Thank you, Josephine Schaffer From: Kristen Cottrell <KCottrell@ecslimited.com> Sent: Wednesday, July 14, 20214:31 PM To: RaleighNCREG <RaleighNCREG@usace.army.mil> Cc: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com>; Brandon Fulton, LSS, PSC, PWS <BFulton@ecslimited.com> Subject: [Non-DoD Source] 49-14220-A JD Request Packet for TW Alexander at Roche Drive Site Good Afternoon, Attached you will find ECS Southeast, LLP JD Request Packet for ECS project no. 49-14220-A for 101 Roche Drive located in Durham, Durham County, North Carolina. If you have any questions, please feel free to contact Michelle Measday at 919-861-9821, or via email at mmeasday@ecslimited.com. Thank you, KRISTEN COTTRELL I Administrative Assistant T 919.861.9910 1 D 919.861.9817 C 919.896.1665 5260 Greens Dairy Road I Raleigh NC 1 27616 ECS SOUTHEAST, LLP www.ecslimited.com READY TO REGISTER? Check out our free monthly Webinar series here! 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