20211593 Ver 1_01_Non-404_Cover_Letter_20220103

Kimley>»Horn
November 1, 2021
Ms. Colleen Cohn
NC Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
RE: Federally Non -Jurisdictional Wetlands and Federally Non -Jurisdictional Classified
Surface Waters Permit Application
NC-55 and Hopson Road Site
Durham, Durham County, North Carolina
Dear Ms. Cohn:
On behalf of our client, Scannell Properties #539, LLC, Kimley-Horn is submitting the attached
application for authorization under Federally Non -Jurisdictional Wetlands and Federally Non -
Jurisdictional Classified Surface Waters State General Permit (NJGP100000) for the above
referenced project in Durham County. Scannell Properties is proposing to construct an industrial
development within an approximately 241-acre site composed of 10 individual parcels situated
between NC-55, Grandale Drive, and Northeast Creek in the southeastern portion of Durham County,
NC (the "Site").
The proposed development would construct 5 buildings and associated parking lots, trailer lots, and
infrastructure as well as an extension of Hopson Road. The Hopson Road extension would be
constructed to serve as the primary entrance to the new development and will terminate at a cul-de-
sac in the southwestern corner of the Site. Kimley-Horn staff delineated the Site on February 4, 2021
and identified seven jurisdictional streams and eleven jurisdictional wetlands. A Section 404/401
Application has been submitted for the proposed impacts to these jurisdictional features. Additionally,
1 excluded federally non -jurisdictional perennial stream and 4 excluded federally non -jurisdictional
wetlands were identified within the Site. The eastern portion of the Site was historically utilized for a
clay mining operation and contains a large manmade quarry and a constructed borrow pit. Both of
these features were determined to be manmade and disconnected from downstream jurisdictional
waters and therefore non -jurisdictional. A combination Approved and Preliminary Jurisdictional
Determination (SAW-2021-00064) was issued by April Norton of the USACE on April 7, 2021. In
addition, a Stream Determination Letter (COD Jordan # 2021-011) was issued by Travis Marion of the
City of Durham on May 1, 2021 which identified the streams and open waters that are subject to the
Jordan Lake Watershed Riparian Buffer Rules. For the purposes of this application, the features
determined to be federally non -jurisdictional by the USACE and determined to be at least intermittent
by the City of Durham have been assumed subject to State protection under NJGP100000.
The project has been designed to avoid and minimize impacts to jurisdictional features to the extent
practical with only one 404/401 impact site proposed and to be permitted under a separate
application. However, the project will result in unavoidable permanent impacts to federally non-404
jurisdictional wetlands W1, W2, W3, and W7 and federally non-404 jurisdictional stream S3. At Site 1,
permanent impacts to federally non-404 jurisdictional wetlands W3 and W7 will result from the
kimley-horn.com
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

Kimley>>>Horn
Page 2
necessary grading required to construct the Hopson Road extension, an interior site driveway and
grading for a stormwater control pond. Unavoidable permanent impacts to federally non-404
jurisdictional stream S3 will result from the necessary grading required to construct the roadway and
culvert installation. At Site 2, permanent impacts to federally non-404 jurisdictional wetlands W1 and
W2 will result from the necessary grading and paving required to construct building 4 and its
associated parking lot and driveway. In total, the project proposes approximately 0.23 acre of
permanent federally non-404 jurisdictional wetland impacts and 188 linear feet of federally non -
jurisdictional permanent stream impacts.
To assist in your review of this NWP application, the following information has been included:
APPENDIX
SECTION
DOCUMENT
Appendix 1
Section B (4)
Agent Authorization Letter
Appendix 2
-
-
_
Section C (1-4)
-
-
_
Figure 1: Vicinity Map
Figure 2: USGS Topographic Map
Figure 3: Jurisdictional Features Map
Figure 4: NRCS Soil Survey of Durham
County
Appendix 3
Section D
Figure 5: Non-404 Permit Drawings
Overview
Figure 5.1: Non-404 Permit Drawings
Impact Site 1
Figure 5.2: Non-404 Permit Drawings
Impact Site 2
Appendix 4
_
Section C (5)
_
Approved/Preliminary Jurisdictional
Determination (SAW-2021-00064)
Stream Determination Letter (COD
Jordan # 2021-011)
Appendix 5
-
Conceptual Site Plan
If you need any additional information to assist in your review of this NWP application, feel free to
contact me at 919-677-2113 or [e-mail].
Sincerely,
William Sullivan
kimley-horn.com
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

Kimley>>>Horn
Appendix 1
Section B (4)
Agent Authorization Letter
kimley-horn.com
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

Name:
AGENT AUTHORIZATION FORM
Andrew Snith
Address: 1800 Di agonal Rd. Sui t 600 Al exandr i a VA 22314
Phone: [phone]
Project Name/Description: NC-55 and Hopson Road Site; Durham County Parcels: 0737-20-18-
9266.DW, 0737-11-60-1224.DW, 0737-01-43-4023.DW, 0737-03-11-3560, 0737-03-11-6682, 0737-
03-12-0698, 0727-04-82-9266, 0727-04-72-8558, 0727-81-21-4813.DW, 0737-03-21-4913
Date: 2- 11- 21
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Ms. April Norton
Field Office: Raleigh Regulatory Field Office
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
Scannell Properties, LLC hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in
my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations,
Section 404 permits/Section 401 Water Quality Certifications applications, and Neuse River Basin
Riparian Buffer Authorizations, and to furnish upon request supplemental information in support of
applications, etc. from this day forward until successful completion of the permitting process or
revocation by the owner.
In addition, I, the undersigned, a duly authorized optionee of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter
upon the property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the
Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Authorized this the 11 t h day of Fe b r u a r y 2 0 21 .
Andr ew Srri t h
A)J
Responsible Party's Name Responsible Party's Signature
Cc: Paul Wojoski
NC Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

Kimley>>>Horn
Appendix 2
Section C (1-4)
NC-55 & Hopson Rd
Figures
kimley-horn.com
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

Kimley>»Horn
Figure 1: Vicinity Map
NC-55 and Hopson Road Site
Durham County, North Carolina
November 2021

}
Legend
nProject Study Area
A
0
Feet
700 1,400
Kimley >>) Horn
Figure 2: USGS Topographic Map
NC-55 and Hopson Site
Durham County, North Carolina
November 2021

Legend
fir^— Non-404 Streams Jurisdictional Wetlands
Jurisdictional Intermittent Streams Non-404 Wetlands
Jurisdictional Perennial Streams n Project Study Area
Non-404 Artificial Lakes/Ponds
Kimley>»Horn
Figure 3: Jurisdictional Features Map
NC-55 and Hopson Road Site
Durham County, North Carolina
November 2021

HAM
COUNTY
Legend
nProject Study Area
1
VisC
WAKE COUNTY
0
700 1,400
Feet
Kimley>»Horn
Figure 4: NRCS Soil Survey Map
NC-55 and Hopson Road Site
Durham County, North Carolina
November 2021

Kimley>>>Horn
Appendix 3
Section D
Non-404 Permit Drawings
kimley-horn.com
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

a,w oeir[t
own. sra.a.tr
evAlnun aam rtR
GRADING & STORMWATER NOTES
404/401 Jurisdictional Features
to be permitted separately.
Legend
✓%. - Non-404 Streams •
'••^- Jurisdictional Intermittent Streams
^- Jurisdictional Perennial Streams
41101t- Non-404 Stream Impacts
Impact Site 1:
Permanent Non-404 Wetland Impacts: 0.15 ac.
Permanent Non-404 Stream Impacts: 188 LF
PE TAIL 4c
SPECIAL OU ILL! PITOTLCTI,ON
Jurisdictional Wetlands
Non-404 Wetlands
Non-404 Wetland Impacts
SECTION A —A ^ p -"4.H �, « �•
p6�
_ __ t'vrue.:ev_ Z>IMaa:•
S�E]MYRFM rpm
Artificial Lakes/Ponds
Limits of Disturbance
Project Study Area
z
o
z
0S eeW
;;bqn
o
z
a�
oInn e
�.
Eli z d
Impact Site 2:
Permanent Non-404 Wetland Impacts: 0.08 ac.
700 1,400
Kimley>»Horn
Figure 5: Non-404 Permit Drawings Overview
NC-55 and Hopson Road Site
Durham County, North Carolina
November 2021

rEnv
0
150 300
Feet
-.00111
41,4
Legend
^M^- Non-404 Streams
Jurisdictional Intermittent Streams
.4%i.^- Jurisdictional Perennial Streams
Y Non-404 Stream Impacts
MA FA re
6 r,il N . _
Impact Site 1:
Permanent Non-404 Wetland Impacts: 0.15 ac.
Permanent Non-404 Stream Impacts: 188 LF
rof
Jurisdictional Wetlands Artificial Lakes/Ponds
Non-404 Wetlands Limits of Disturbance
Non-404 Wetland Impacts J Project Study Area
IAA t r . 1111111ENBMWMI
■
a
1; 1
Kimley>»Horn
Figure 5.1: Non-404 Permit Drawings Impact Site 1
NC-55 and Hopson Road Site
Durham County, North Carolina
November 2021

r y4 11= .- GT.Li ors
Impact Site 2:
Permanent Non-404 Wetland Impacts: 0.08 ac.
Figure 5.2: Non-404 Permit Drawings Impact Site 2
NC-55 and Hopson Road Site
Durham County, North Carolina
November 2021

Kimley>>>Horn
Appendix 4
Section C (5)
Jurisdictional Determination
and Stream Determination
kimley-horn.com
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

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 I F 919.560.4316
www.durhamnc.gov
May 01, 2021
Via E-mail
William Sullivan
Kimley-Horn.com
421 Fayetteville Street, Suite 600
Raleigh, NC 2601
[e-mail]
SUBJECT: NC-55 and Hopson Road Site
REFERNCE: COD Jordan # 2021-011
Project Name
NC-55 and Hopson Road Site
PIN
0727-81-21-4813.DW, 0727-04-72-8558, 0727-04-82-9266, 0737-03-12-
0698, 0737-01-43-4023.DW,0737-11-60-1224.DW, 0737-03-11-3560,
0737-03-11-6682, 0737-03-21-4913, 0737-20-18-9266.DW
Parcel ID
151303, 151290, 151278, 151275, 151271, 213507, 151272, 151274,
154056, 213508
Location/Directions
6519 NC 55 HWY, 11803 Green Level Church Road, 6622 S Alston Ave.
Sub Stream
Northeast Creek
Date of Determination
4/26/2021
Table 1. Stream Feature Determination NC-55 and Hopson Road Site
Feature
Not
Subject
Subject
Start @
Stop @
Stream
Type
Soil
Survey
USGS
Topo
A
X
Southwestern Project
Boundary
See Consultant's USGS
Topographic Map
Perennial
X
X
B
X
Western Project
Boundary
See Consultant's NRCS
Soils Map
Ephemeral
X
C
X
Northern Project
Boundary
See Consultant's NRCS
Soils Map
Ephemeral
X
D (S6)
X
Exiting Consultant's
W11 on Site Map
Entering Consultant's
W10 on Site Map
Perennial
X
X
S5*
X
See Site Map
Confluence with
Feature D
Intermittent
S7*X
Exiting Consultant's
W13 on Site Map
Northwestern Project
Boundary
Intermittent
E
X
Feature does not Exist
N/A
Ephemeral
X
F
X
Feature does not Exist
N/A
Ephemeral
X
G
X
See Consultant's OW1
Marker on Site Map
See Consultant's OW1
Marker on Site Map
Ephemeral
X
H
X
Exiting Consultant's
W2 Marker on Site
Map
Confluence with
Consultant's W7 Marker
on Site Map
Ephemeral
X
I (58)
X
Outside Southeast
Project Boundary
Continues Away from
Project Area
Perennial
X
1
X
See Feature J on Site
Map
Confluence with
Feature H
Ephemeral
X

Stream Determination — NC-55 and Hopson Road Site Page 2 of 3
K
X
See Feature K on Site
Map (Consultants Flag
S3-1 INT ORG)
Confluence with
Consultant's W7
Feature.
Intermittent
X
L(S4)
X
See Consultant's 54
Marker on Site Map
See Consultant's 54
Marker on Site Map
Perennial
X
X
S13*
X
See Consultant's S13
Marker on Site Map
Confluence with
Consultant's S4 Marker
Intermittent
M
(Pond)
X
Feature M does not
Exist
N/A
Ephemeral
X
X
N
X
Feature N does not
Exist
N/A
Ephemeral
X
X
0
X
See Consaapnt's USGS
M
N/A
Ephemeral
X
*Kicked in by consultant upon field evaluation
Wetlands are evaluated by the City of Durham Planning Department. If a wetland is
suspected to exist within or in close proximity to the project area, contact Bo Dobrzenski
([e-mail] or 919-560-4137 ext. 28230) to determine wetland
setbacks.
Explanation: The feature(s) listed on the attached Table 1 have been located on the Soil Survey
of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at
a 1:24,000 scale, or was determined to be subject per section 8.5(B)(4) of the Durham Unified
Development Ordinance. Each feature that is checked "Not Subject" has been determined not to
be a stream. Features that are checked "Subject" possess characteristics that qualify it to be a
stream. There may be other streams located on your property that do not show up on the maps
referenced but, still may be considered jurisdictional according to the US Army Corps of
Engineers (USACE) and the Division of Water Resources (DWR), or both.
This on -site determination shall expire five (5) years from the date of determination in this
letter. Landowners or affected parties that dispute a determination made by the City of
Durham may request a determination by DWR. An appeal request must be made within
sixty (60) calendar days of the date of this letter or from the date the affected party
(including downstream and/or adjacent owners) is notified of this letter. A request for a
determination by DWR shall be referred to them in writing c/o Karen Higgins, 401 and
Buffer Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Durham — Where Great Things Happen

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

d
FC?HSET tN
Q
O •
T•
r •
i
rry
0
0
a
Feature A (offsite)
Legend
Project Study Area
5
v
HAvfNikft Rb
Feature N (No Stream)
Feature M (No Pond)
Feature D (S6)
at? Y FAkM a�.
Feature L (S4)
Feature 0 (No Connection)
CHANSON(HANSON DA, It
Kimley>»Horn
Figure 2: USGS Topographic Map
NC-55 and Hopson Road Site
Durham County, North Carolina
March 2021

Feature N (No Stream)
_.s f
Feature M (No Pond)
Feature F (No Stream)
WsC
]camAKE
Feature D (S6)
Feature A (offsite)
Feature E (No Stream
Legend
Fri Project Study Area
e QRR,7w Pir
Feature K
(Isolated Channel)
Feature J
(Isolated Channel)
CrC
Feature I (S8)
k1�Feature H
(Isolated Channel)
Feature G (W1/OW2) •O+
Irr
kr
f
rIMP
tor
1; 4.
900 1,800
Feet
Kimley>»Horn
Figure 4: NRCS Soil Survey Map
NC-55 and Hopson Road Site
Durham County, North Carolina
March 2021

Legend
Intermittent Streams
�Ar+� Perennial Streams
j%..JL,—Ephemeral Channel
Non-Jurisdictional/Manmade Ditch
Artificial Take/pond
404/401 Wetlands
Non -Jurisdictional Wetlands
nProject Study Area
1:300
I I
Map edited by Stormwater
Development Review,
Department of Public Works in
April 2021.
Information depicted hereon is
for reference purposes only
and is compiled from best
available sources. The City of
Durham/Durham County
assumes no responsibility for
errors arising from use or
misuse of this map. Original
content of this map provided
by Kimley-Horn.
Figure 3: Jurisdictional Features Map
NC-55 and Hopson Road Site
Durham County, North Carolina
CITY OF
DURHAM

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

SAW-2021-00064
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact April Norton at [phone] or
Apri1.R.Norton(a, usace.army.mil.
C. Basis for Determination: See the attached Preliminary Jurisdictional Determination form and
Approved Jurisdictional Determination form, dated 4/7/2021.
D. Remarks: None.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the site identified in this request. This delineation
and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as
amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the
applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. [e-mail]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.

SAW-2021-00064
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: 4/7/2021 Expiration Date of AJD: 4/7/2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm apex/f7p=136:4:0.
Copy Furnished:
Kimley-Horn
Attn: William Sullivan
421 Fayetteville Street Suite 600
Raleigh, North Carolina 27601

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

SAW-2021-00064
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: April Norton
Raleigh Regulatory Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
If you only have questions regarding the appeal process you may
also contact:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A.SHANNIN(a�USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the appeal process. You will be provided a 15-day notice of any
site investigation and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: April Norton, 3331 Heritage Trade Drive, Wake Forest,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone], [e-mail]

Legend
"".M- Intermittent Streams (a)(1) 'AV Ditch (b)(5)
— Perennial Streams (a)(1)
"palm Excluded Streams (b)(1) , 404/401 Wetlands (a)(4)
Artificial lake/pond (b)(8)
Excluded Wetlands (b)(1)
Project Study Area
0 650 1,300
Feet
Kimley>»Horn
Figure 3: Wetland and Stream Map
NC-55 and Hopson Road Site Durham
County, North Carolina
April 2021

Kimley>>>Horn
Appendix 5
Conceptual Site Plan
kimley-horn.com
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

K: \RAL—LDEV\019139024—NC55 and Hopson Durham \08—CAD Files \Exhibits\2021-10-28—Exhibit2Environmental\EX-23 CONCEPTUAL SITE PLAN.dwq
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Plotted By: Wiesehahn,
GRADING AND DRAINAGE LEGEND
TPF
— — — — —805— — — — —
805
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0
PROPERTY LINE
LIMITS OF DISTURBANCE
TREE PROTECTION FENCE
EXISTING CONTOUR
PROPOSED CONTOUR
STORM DRAIN (Z 12 INCH)
CATCH BASIN (CB)
STORM MANHOLE (STMH)
CONTROL STRUCTURE (CS)
FLARED END SECTION (FES)
RIP -RAP APRON
GRADING & STORMWATER NOTES
1. IF ANY EXISTING STRUCTURES TO REMAIN ARE DAMAGED DURING
CONSTRUCTION, IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO REPAIR
AND/OR REPLACE THE EXISTING STRUCTURE AS NECESSARY TO RETURN IT TO
EXISTING CONDITIONS OR BETTER.
2. PRECAST STRUCTURES MAY BE USED AT CONTRACTOR'S OPTION. CATCH
BASINS, MANHOLES, FRAMES, GRATES, ETC. SHALL MEET THE REQUIREMENTS OF
THE LATEST EDITION OF THE CITY OF DURHAM STANDARD DETAILS AND
SPECIFICATIONS.
3. ALL SEWER MANHOLES IN PAVED AND UNPAVED AREAS SHALL BE FLUSH WITH
PAVEMENT, AND SHALL HAVE TRAFFIC BEARING RING & COVERS. LIDS SHALL BE
LABELED "STORM SEWER".
4. STRUCTURE RIM ELEVATIONS SHOWN HEREIN ARE APPROXIMATE. CONTRACTOR
SHALL ADJUST AS NECESSARY.
5. RIM ELEVATIONS AS SHOWN ON THE CONSTRUCTION DRAWINGS REFLECT
FINISHED GRADES. RIM ELEVATIONS REFER TO THE CENTER OF DROP INLETS,
MANHOLES, AND JUNCTION BOXES, AND THE GUTTER FLOW LINE FOR CURB
INLETS, UNLESS OTHERWISE NOTED.
6. AT THE START OF GRADING INVOLVING THE LOWERING OF THE EXISTING GRADE
AROUND A TREE OR STRIPPING OF TOPSOIL, A CLEAN, SHARP, VERTICAL CUT
SHALL BE MADE AT THE EDGE OF THE TREE SAVE AREA AT THE SAME TIME AS
OTHER EROSION CONTROL MEASURES ARE INSTALLED. TREE PROTECTION
FENCING SHALL BE INSTALLED ON THE SIDE OF THIS CUT FARTHEST AWAY FROM
THE TREE TRUNK.
7. NO STORAGE OF MATERIALS, DUMPING OF WASTE MATERIALS, FILL, OR PARKING
OF EQUIPMENT SHALL BE ALLOWED WITHIN THE ROOT PROTECTION ZONE, AND
NO TRESPASSING SHALL BE ALLOWED WITHIN THE BOUNDARY OF THE ROOT
PROTECTION ZONE.
8. ALL MAINTENANCE NEEDED FOR SCMS SHALL BE ABLE TO BE ACCESSED
THROUGH THE DRIVE AISLES AND EXISTING/ PROPOSED GRADES TO PONDS.
9. ALL TREE PROTECTION FENCING TO BE LOCATED OUTSIDE OF STREAM BUFFERS
AND WETLANDS. FENCING IS PLACED FOR GRAPHICAL PURPOSES ONLY AND
SHOULD NOT IMPACT ENVIRONMENTAL FEATURES EXCEPT FOR AREAS
SPECIFICALLY LABELED AS SUCH IN THE PLAN.
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