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HomeMy WebLinkAbout20141150 Ver 1_401 Application_20141114o � -r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 15 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 & 39 or General Permit (GP) number: N/A 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Biogen Idec Infrastructure Project 2b. County: Wake 2c. Nearest municipality / town: Research Triangle Park 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Biogen Realty, LLC 3b. Deed Book and Page No. D.B. 9230, Pg. 450 3c. Responsible Party (for LLC if applicable): EstherA/egria 3d. Street address: PO Box 14627 3e. City, state, zip: RTP, NC 27709 3f. Telephone no.: 919 - 993 -1140 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 15 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Owner - please send correspondence to both applicant and agent. Please issue any formal permits /Approvals to Owner. 4b. Name: EstherA/egria (Attn: Jack Kane) 4c. Business name (if applicable): Biogen Realty, LLC 4d. Street address: 5000 Davis Drive 4e. City, state, zip: RTP, NC 27709 4f. Telephone no.: 919 - 993 -1411 4g. Fax no.: N/A 4h. Email address: N/A 5. Agent /Consultant Information (if applicable) 5a. Name: Deborah Edwards Shirley 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 8412 Falls of Neuse Road, Ste. 104 5d. City, state, zip: Raleigh, NC 27615 5e. Telephone no.: 919 - 846 -5900 5f. Fax no.: 919 - 846 -9467 5g. Email address: DShirley(a-)SandEC.com Page 2 of 15 B. Project Information and Prior Project History 1. Property Identification Parcel ID: 0736 -98 -0221, 0736 -89 -5590, 0736-99 - 1a. Property identification no. (tax PIN or parcel ID): 3488 & 0737 -80 -5221 (Wake County) & 0737- 03 -91- 5193 & 0737 -04 -80 -7707 (Durham County) 1b. Site coordinates (in decimal degrees): Impact Al -S1 Latitude: 35.8662 Longitude: - 78.8706 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: ± 158 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Kit Creek 16- 41- 1- 17- 2 -(0.3) proposed project: 2b. Water Quality Classification of nearest receiving water: WS -V,- NSW 2c. River basin: Cape Fear 03- 06 -05; Hydrologic Unit Code 03030002 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing conditions on site are wooded with the existing Biogen facility to the south. The site is bounded by NC 147 to the east, Davis Drive to the west, and Kit Creek Road to the south. Three (3) perennial /important stream systems bisect the property, with additional intermittent/unimportant (and isolated) streams flowing into these main tributaries. The site is located within Wake County, with a small portion to the north located in Durham County. The general land use in the vicinity of the project is predominantly industrial with an influx of residential. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 0.38 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 9,238 linear feet 3d. Explain the purpose of the proposed project: Biogen is expanding its operations in North Carolina which will require new road infrastructure and an expansion of the manufacturing facility. The proposed manufacturing expansion will include new buildings, warehouse, storage, QA /QC and electrical infrastructure facilities. The new facilities will require major utility relocations, including water, sewer, gas, electric, telephone and communications; building modifications, parking and roadway infrastructure. The purpose of the proposed impacts are to construct a new road (i.e. Loop Road) that will connect the existing Phil Sharpe Drive to Davis Drive which will provide access to the northern portions of the property and new access off Davis Drive; extending the existing Wally Gilbert Drive which will provide internal access within the South Campus and will dually act as a construction access while the facility is under construction; and an expansion of the manufacturing facility to support the product market. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of three (3) roadway impacts, one of which is a proposed bridge, and lot fill associated with facility expansion. Specifically the project will include new buildings, parking, roadways, warehouse, storage, QA /QC, electrical infrastructure facilities and existing utility relocation. Equipment such as bull dozers, bucket loaders, excavators and other typical equipment used for land disturbance and construction will be utilized for this project. Page 3 of 15 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past. Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ® Final Comments: 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Soil & Environmental Name (if known): Steven Ball Consultants, PA Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USA CE-site visit with Eric Alsmeyer on July 14, 2010 and September 11, 2014, Jurisdictional Determination dated November 28, 2011 (AID SAW -2011- 00943); NCDWQ -site visit with Martin Richmond on July 30, 2010, Neuse Buffer Determination letter dated August 11, 2010 (NBRRO 10 -129). In addition, a site visit was conducted with Lauren Witherspoon on May 31, 2012 to evaluate the stream quality at Impact area A -1. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. According to the project engineer, the road crossings on the south side of the property were done in two steps; 1) Kenneth Murray (access from Kit Creek closest to Davis Drive) was done in the late 1990's (1998 -2000) and 2) the second entrance was done in 2005 -2007 when the parking structure was built. At the time, both crossings were approved as bottomless arch culverts so no impacts were applied for or needed. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 4 of 15 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact number — Type of jurisdiction Permanent (P) or Type of Type of wetland Forested (Corps - 404, 10 Area of impact Temporary T impact if known DWQ — non -404, other acres W1 (A1 -W1) ® P ❑ T Road Crossing -Fill Bottomland ® Yes ® Corps 0.040 slopes Hardwood El No El DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.040 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact number - Type of Stream name Perennial Type of jurisdiction Average Impact Permanent (P) or impact (PER) or (Corps - 404, 10 stream length Temporary (T) intermittent DWQ — non -404, width (linear (INT)? other) (feet) feet) Road S1 (A1 -S1) ® P ❑ T Crossing- Culvert & UT to Kit Creek ❑ PER ® INT ® Corps ❑ DWQ 6 176 Dissipater S2 (A2 -S2) ❑ P ® T Bridge Crossing UT to Kit Creek ® PER ❑ INT ® Corps ❑ DWQ 22 198 S3 (A3 -S1) ® P ❑ T Lot fill UT to Kit Creek ❑ PER ® INT ® Corps ❑ DWQ 5 120 S4 (A3 -S2) ® P ❑ T Road - Culvert & Dissipater UT to Kit Creek ® PER ❑ INT ® Corps ❑ DWQ 10 130 3h. Total stream and tributary impacts 624 3i. Comments: Total proposed permanent impacts to intermittent /unimportant stream = 296 linear feet; total proposed permanent impacts to perennial /important stream = 130 linear feet; total proposed temporary impacts to perennial /important stream= 198 linear feet. Temporary stream impacts will be restored by stabilizing the banks and bringing the stream bed back to its pre- existing elevation. Please note impact Al -S1 was previously impacted and relocated by NCDOT for the Davis Drive widening. Page 5 of 15 PCN Form — Version 1.3 December 10, 2008 Version 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. then individ ally list all open water im acts below. 4a. 4b. 4c. 4d. 4e. Open water impact Name of waterbody number— (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑ PEI T 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then com lete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flood ed Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 15 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ® Other: Jordan Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? B1 (Al-BI & B2) ®P ❑T Road Crossing UT to Kit Creek El Yes ®No 5,126 3,255 B2 (A2-BI & B2) ®P ❑T Bridge Crossing UT to Kit Creek El Yes ®No 11,363 7,271 B3 ❑P ❑T ❑Yes ❑ No B4 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 16,489 10,526 6i. Comments: Project located within multiple jurisdictions, No Practical Alternatives review requested through the NC Division of Water Resources. Page 7 of 15 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. S &EC completed a wetland delineation and Jordan Watershed Buffer evaluation for the entire property in order to identify natural resources so that the project engineer could design a site plan that would minimize impacts to the maximum extent practicable. The parcel of land is bisected by three (3) important/perennial stream systems and multiple tributaries flowing into these main streams. The project is proposing three (3) impact areas, one of which will be temporary impacts associated with the construction of a bridge therefore avoiding permanent impacts to the jurisdictional stream. The project entails the construction of a new road (i.e. Loop Road) that will connect the existing Phil Sharp Drive to Davis Drive. The connection points for the Loop Road are set (i.e. existing Development Drive on the northwest side of the property and the existing stub at rotary on south side of property). In addition, a facility expansion is proposed within the South Campus. Impact Area A 1 is a road crossing proposing permanent impacts to 176 linear feet intermittent/unimportant stream and 0.04 acres of wetlands. This stream and wetland area was previously impacted by the NCDOT Davis Drive Road Widening project; this segment of stream was relocated and lined with riprap. This road crossing has been designed to cross the stream and wetland area at a 90° angle, therefore minimizing impacts to the stream. Impact Area A2 is a bridge crossing proposing temporary impacts to 198 linear feet a perennial /important stream. The proposed stream crossing will be constructed as a bridge but because of steep topography, along with the distance of the proposed bridge location in relation to the existing access to the site, the temporary impacts are necessary for construction activities. This proposed stream impact was minimized by crossing the stream below the confluence of the two tributaries and designed to cross the stream at a 900 angle, therefore minimizing impacts to the stream. The temporary stream impacts will be restored by stabilizing the banks and bringing the stream bed back to its pre- existing elevation. Impact Area A3 is a road crossing and lot fill, proposing permanent impacts to 130 linear feet of perennial /important stream, and 120 linear feet of intermittent/unimportant stream. The road crossing is necessary for the Wally Gilbert Drive extension, which will provide internal access within the South Campus and will dually act as construction access while the facility is under construction. Headwalls have been utilized to minimize impacts to the stream. The lot fill is necessary for the manufacturing facility expansion. Biogen has worked diligently with their civil engineer, transportation engineers and architectural firm to design a master plan of the South Campus, utilizing land and minimizing impacts to the streams to the maximum extent practicable. To summarize this process and to provide different layouts reviewed by Biogen and their team, the project engineer has provided a document that outlines five (5) different conceptual plans (Options A -E) of the South Campus and the reasons why each option is or is not feasible. Please see attached `Biogen Idec- Infrastructure Site Design" document provided by Peak Engineering & Design. Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 39 and 14. With respect to commercial /industrial development conditions (NWP 39- Regional Conditions section 4.0) the applicant does not anticipate any impacts to streams or wetlands associated with stormwater facilities, there are no impact associated with single - family recreation facilities, there are no permanent wetland or stream fills proposed within the floodway/floodplain and the stream classification for this project is WS -V, NSW (i.e. not Outstanding Resource Waters, High Quality Waters, Coastal Wetlands or wetland adjacent to these waters). With respect to linear transportation crossings conditions (NWP 14- Regional Conditions section 4.0) this project is not proposing a stream relocation; bank -full flows will be accommodated through the existing bank -full channel cross sectional area, the proposed crossing is a bridge; this permit is not being used in conjunction with a NWP 18 to create an upland area. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion & Sediment Control plan that will be required by Wake County will provide measures to protect water quality during construction activities. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State Page 8 of 15 PCN Form — Version 1.3 December 10, 2008 Version Page 9 of 15 E Yes ❑ No Proposed permanent impacts to the streams are > 150 linear feet; therefore the applicant is proposing compensatory mitigation for permanent stream impacts. 2a. Does the project require Compensatory Mitigation for Proposed permanent impacts to jurisdictional wetlands impacts to Waters of the U.S. or Waters of the State? are below 0.10 acres, as such the applicant is not proposing compensatory mitigation for wetlands impacts, other than minimization. The temporary stream impacts will be restored by stabilizing the banks and bringing the stream bed back to its pre- existing elevation. 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ®Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: 426 linear feet = USACE: 130 @ 2:1; NCDWR 426 @ 1:1 4c. If using stream mitigation, stream temperature: ® warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non - riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: Please see attached NCEEP In -Lieu Fee Acceptance letter. S. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 9 of 15 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 10 of 15 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: According to the project engineer. This project will be designed to ❑ Yes ® No provide diffuse flow per Wake County Environmental Services. At this time, the applicant requests a conditional Approval allowing the submittal of the diffuse flow plan after it is approved by Wake County. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <24% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: According to the project engineer. The Site Plan approval through Wake County will require a Stormwater Management Plan (SMP) that is located within the Cape Fear River Basin. The conceptual BMP's have been identified and shown on sheet 4 of 10, the Overall Site Plan. At this time, the applicant requests a conditional 401 Approval allowing the submittal of the SMP and its Approval after it is received by Wake County. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Wake County ® Phase II 3b. Which of the following locally - implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No Page 11 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 12 of 15 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No 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 ❑ Yes ❑ No (North Carolina) Environmental 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 NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Biogen Idec Infrastructure Project will be the construction of a road and facility expansion within the highly developed Research Triangle Park. Additionally, the project is located within the Wake County's jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Phase 11 NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post - construction stormwater management requirements; 2) Jordan Lake Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow" requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; and 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. We anticipate that the NCDWR will advise us if any additional information is needed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated by this project ultimately flows to the Town of Cary's municipal service lines in and around the Biogen Idec Campus. Page 13 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ® Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? In preparation for a request to the US Fish & Wildlife Services, S &EC performed a records check of all documented Natural Heritage elements documenting federally listed species within a 2 -mile radius, the records check indicated no occurrences of federally listed species were documented within the property boundaries or within a 2 -mile radius On August 8, 2011, the US Fish & Wildlife Service was sent a letter requesting comments or concerns regarding the Biogen project. The US Fish & Wildlife Services provided a response back on August 25, 2011 indicating the proposed project is not likely to adversely affect any federally - listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act, please see attached letter. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? References: (NOAH] National Oceanic and Atmospheric Administration. 2014. Internet -based search: NOAA Fisheries Essential Fish Habitat Mapper <http://sharpfin.nmfs. noaa. gov /website/EFH_Mapper /map.aspx> Accessed September 23, 2014. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A Request for Environmental Review was submitted to the NC State Historic Preservation Office (SHPO) requesting any comments on the proposed project and site plan. The response provided by SHPO indicated that they are aware of no historic resources which would be affected by the proposed project, therefore they have no comment (see attached). Page 14 of 15 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The Biogen Loop Road project proposes the construction of a new bridge, a paved sidewalk and associated fill within the Federal Emergency Management Agency (FEMA) designated floodplain and floodway. As such the effect of the proposed construction on flood water surface elevations, and the floodplain and floodway widths needed to be evaluated through hydraulic analysis in the form of a flood study. Various alignment options (including a series of crossing alternatives) were evaluated for hydraulic effect and resultant water surface elevations. It was determined that a "no- rise" or "no- impact" condition was not achievable and as such a Conditional Letter of Map Revision (CLOMR) application with supporting documentation was prepared and submitted to FEMA for review, see attached CLOMR. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System http: / /f`loodmans. nc. govlfmis /Map. aspx ?FIPS =015 Deborah E. Digitally signed by Deborah E. Shirley DN: cn= Deborah E. Shirley, o, ou, Deborah E. Shirley email= dshirley @sandec.com, c =US Shirley Date: 2014.1 1.10 11:18:36 - 05'00 November o Applicant/Agent's Signature Applicant /Agent's Printed Name 2014 (Agent's signature is valid only if an authorization letter from the applicant Date is provided.) Page 15 of 15