20221476 Ver 1_ePCN Application_20221017

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
9/7/2022
BIMS # Assigned* Version#*
20221476 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
Information for Initial Review
la. Name of project:
Downing Creek Sanitary Sewer Lift Station Replacement
la. Who is the Primary Contact?*
Crystal Penton
Reviewing Office*
Raleigh Regional Office - [phone]
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
10/17/2022
Nearest Body of Water
Little Creek
Basin
Cape Fear
Water Classification
WS-IV, NSW
Site Coordinates
Latitude:
35.897079°
A. Processing Information
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-78-998667

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 12 - Utility Lines
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
City of Durham
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
1600 Mist Lake Drive
Address Line 2
City
Durham
Postal /Zip Code
27704
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Anna Reusche
4b. Business Name:
SEPI,
4c. Address
Street Address
1 Glenwood Avenue
Address Line 2
City
Raleigh
Postal / Zip Code
27603
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
Downing Creek
lc. Nearest municipality / town:
Chapel Hill
2. Project Identification
2a. Property Identification Number:
0708-01-34-2023
2c. Project Address
Street Address
6561 Downing Creek Parkway
Address Line 2
City
Chapel Hill
Postal / Zip Code
27517
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Little Creek
3b. Water Resources Classification of nearest receiving water: *
WS-IV, NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020607
4. Project Description and History
2b. Property size:
0.5
State / Province / Region
NC
Country
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: *
The approximately 0.5-acre project study area is located in a residential subdivision and consists of the existing lift station facility, a gravel access road, a stormwater basin and maintained
areas with ornamental landscaping.

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.14
4g. List the total estimated linear feet of all existing streams on the property:
237
4h. Explain the purpose of the proposed project:*
The project includes the replacement of the existing sanitary sewer lift station.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project includes the replacement of the existing lift station. Equipment typical for grading will be used including backhoe, bulldozer and dump truck.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-02334
Sc. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Anna Reusche, PWS
SEPI, Inc.
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USAGE PJD received 1/6/2021
DWR Buffer Determination received 12/29/2021
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
Streams -tributaries
Pond Construction
Tar -Pamlico
Randleman
Jordan Lake
Buffers
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Grading
P
UT Little Creek
Yes
2,413
0
Grading
P
UT to Little Creek
No
0
2,381
6h. Total buffer impacts:
Zone 1
Zone 2
Total Temporary impacts: 0.00
0.00

Zone 1
Zone 2
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
2,413.00 2,381.00
Zone 1 Zone 2
2,413.00 2,381.00
The sewer utility easement is existing and maintained. Disturbed areas will be replanted with native grass material and riparian buffers will be re-
established outside of the permanent maintenance easement.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project will replace the existing infrastructure. No new structures will be added. The applicant requested a detailed delineation of streams and
wetlands within the proposed project boundaries prior to finalizing the plan to ensure the limitation of impacts of the natural environment. Following the
delineation, the proposed grading and disturbance limits were shifted in places to minimize impacts to the wetlands, streams and buffers.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
In order to prevent the potential for secondary impacts, all erosion and sedimentation control practices, including the application of silt fences and
erosion control matting, will be constructed and maintained according to the standards and specifications of the current North Carolina Erosion and
Sediment Control Planning and Design Manual.
Prior to construction, the contractor will install watershed fencing to delineate approved working limits.
Temporary silt fencing, wattles and dewatering devices will be installed to treat runoff from the work
area. All impacted areas will be restored to the pre -construction conditions including stabilization of the slopes and other disturbed areas. The contractor
will maintain erosion and sedimentation control
measures until groundcover or vegetation is well established.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes
No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impacts are limited to the riparian buffers. The sewer utility easement is existing and maintained. Disturbed areas will be replanted with native grass material and riparian buffers will be re-
established outside of the permanent maintenance easement.
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
2,413
3
7,239
Zone 2
6f. Total buffer mitigation required
7239
0
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
0
6j. Comments:
The utility easement is existing and maintained. In order to satisfy buffer mitigation requirements for those impacts in Zone One that are classified as
"Allowable with Mitigation", native grass species will be replanted and buffers outside of the permanent maintenance easement will be reestablished.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer

2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project is intended to replace the existing sanitary sewer lift station that serves the existing community.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPac (2/18/2021) and NCNHP(9/13/2021). SEPI performed specific habitat assessments and species surveys for those listed. No protected
species occur in the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
Essential fish mapper, NOAA
7. Historic or Prehistoric Cultural Resources (Corps Requirement)

7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO concurrence letter noted no comments on the project. Received 11/17/2021 (ER 21-2379)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
3720070800K FEMA Firms Maps 10/19/18
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Downing Creek Buffer Authorization Support Doc.pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
19.9MB
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Anna Reusche
Signature
0 flf+YlGcOrada6,3
Date
10/17/2022

RALEIGH: 1 GLENWOOD AVENUE, SUITE 600, RALEIGH, NC 27603 S E P I
OFFICE: 919.789.9977 / FAX: [phone] / WWW.SEPIINC.COM
October 12, 2022
Ms. Collen Cohn
N.C. DEQ Water Quality
1617 Mail Service Center
Raleigh, N.C. 27699-1617
RE: Downing Creek Sanitary Sewer Lift Station (SAW-2021-02334; RRO #21-386)
Buffer Authorization Application
Dear. Ms. Cohn,
On behalf of the City of Durham, SEPI Inc. (SEPI) submits this application requesting written concurrence for
riparian buffer impacts associated with the proposed Downing Creek Sanitary Sewer Lift Station Replacement
Project. In order to meet current capacity issues, the proposed project includes the replacement and upgrade
of the existing sanitary sewer lift station that will discharge through the existing Downing Creek force main.
The following includes information and support documentation to be included in a Buffer Authorization
request.
The project study area is located in northern Durham County at is located at 6561 and 6354 Downing Creek
Parkway, Durham, North Carolina (Figure 1). The coordinates of 35.897079°,-78-998667' generally
correspond to the center of the site. The approximate 0.5-acre property is composed of one parcel identified
as Durham County Property Identification Number (PIN) 0708-01-34-2023.
The entirety of the proposed project is located within the Cape Fear basin [U.S. Geological Survey (USGS)
Hydrologic Unit 03030002] and 10-digit watershed Everett Lake — New Hope River basin 0303000206. All
surface water at the project study area flows northeast to the Little Creek, as shown on Figure 2. The project
study area is subject to the Jordan Lake Riparian Buffer Protection Standards. As such, a Buffer Authorization
Request has been prepared for the project.
The approximately 0.5-acre project study area is located in the Downing Creek Subdivision. Downing Creek
Parkway border the western boundary of the project study area. Land use in the study area consists of the
existing lift station facility, a gravel access road, a stormwater basin and maintained areas with ornamental
landscaping.
Environmental due diligence for the project study area has been completed. A Preliminary Jurisdictional
Determination has been completed and email confirmation was received January 6, 2021. A riparian buffer
determination was also obtained for project study area on December 29, 2021. Figure 3 shows the limits and
extents of the confirmed wetlands, streams and riparian buffers. Documentation of the approvals has been
included in Appendix A.
The N.C. Department of Natural and Cultural Resources conducted a review for the entirety of the project
area in November 2021. Based on their response, received November 17, 2021, the project will have No
Effect on historic or cultural resources, as proposed. A copy of SHPO's response is included in Appendix B.
0000000000koor
0000
000000000000000

SEPI
The study area is located less than one mile from the Orange and Durham County line. Therefore, endangered
species information for both counties were collected and reviewed. The United States Fish and Wildlife
Service (USFWS) list the following federally protected species, under the Endangered Species Act (ESA) the
project study area (Table 1). For each species, a discussion of the presence or absence of habitat is included
below along with the Biological Conclusion rendered based on survey results in the study area. No Critical
Habitat occurs within the study area.
Table 1. Federally protected species listed for the Project Study Area.
Scientific Name
Common Name
Federal
Status
Habitat
Present
Biological
Conclusion
Fusconoio mosoni e
Atlantic pigtoe
T
No
No Effect
Rhus michouxii°
Michaux's sumac
E
Yes
No Effect
Echinoceo loevigoto °
Smooth coneflower
E
Yes
No Effect
1 IPaC countywide data checked on 10/12/2022
E - Endangered
T - Threatened
Habitat is not present for the bald eagle at the project study area or in the immediate vicinity of the project
study area. Land use within and in the 660 feet surrounding the project study area is highly urbanized and
does not contain water bodies large enough to support bald eagle habitat.
Habitat is not present for the aquatic species listed above. The in -stream habitat was assessed at the project
study area, and within 400 meters of the project study area, on September 15, 2021. No suitable habitat was
observed during surveys. The stream was determined to be severely unstable, eroding and was not of
sufficient size to support the aquatic species listed above.
Suitable habitat consisting of maintain rights -of way was surveyed for Michaux's sumac and smooth
coneflower on September 15, 2021, and no individuals were found. The biological conclusion for Michaux's
sumac is determined to be No Effect. The Natural Heritage Program has not documented an occurrence of
the coneflower within one mile of the project study area since 1928. Therefore, the biological conclusion
for this species was determined to be No Effect. A copy of the USFWS IPaC and NCNHP review finding are
included in Appendix C.
All stream and wetland impacts have been avoided for the project. Riparian buffer impacts anticipated for
the project will result from the grading associated with the lift station replacement. All impacts are classified
under "Utility, non -electric, other than perpendicular crossings" in the Jordan Lake Buffer Rules table of uses.
Impacts include 2,413 square feet in Zone 1 and 2,381 square feet in Zone 2.
The utility easement is existing and maintained. In order to satisfy buffer mitigation requirements for those
impacts in Zone One that are classified as "Allowable with Mitigation", native grass species will be replanted
and buffers outside of the permanent maintenance easement will be reestablished. A copy of the site plan
and impact map have been included in Appendix D.
000000000000002U
000000000000000

SEPI
Please do not hesitate to contact Anna Reusche, PWS at [phone] or [e-mail] with any
questions or comments regarding the attached application.
Sincerely,
e�� V, 9W441�
Anna Reusche, PWS
SEPI Engineering
0000000000000030
000000000000000

FIGURES

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Project Vicinity
Downing Creek Lift Station
City of Durham, Durham County
September 2021
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This Exhibit is for planning purposes only and shown
herein does not meet NC 47-30 Requirements and Figure 2
therefore is not for design, construction, or recording or
transfer of title. The Exhibit was compiled from available
information obtained from the sources listed below. U SG S Topographic Map S E P I
Sources:
NCDOT, NC One Map, ESRI N Downing Creek Lift Station
September 2021 Durham County CITY OF
0 250 500 1,00
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APPENDIX A

Anna Reusche
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, January 6, 2022 2:09 PM
To: Bob Lepsic
Cc: Anna Reusche
Subject: Delineation Concurrence (SAW-2021-02334) Downing Creek Lift Station -Revision
Attachments: Fig 2 Revised Jurisdictional Features Downing Creek 20211220.pdf
CAUTION: External email. **NEVER CLICK or OPEN** unexpected links or attachments. **NEVER** provide your user ID or
Password. Send all suspicious email as an attachment to Report Spam.
Dear Bob Lepsic,
Reference is made to Corps Action ID: SAW-2021-02334. Please reference this number on any correspondence regarding
this action. This revised concurrence email is being sent to reflect revisions based on the November 30, 2021, site visit
with NCDENR where an additional segment of intermittent stream (SA) was added.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown on the delineation map entitled, "Potentially Jurisdictional Features"
and dated September 2021.
Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256
provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type
where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon
for use in the permit evaluation process, including determining compensatory mitigation. This verification does not
address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as
such.
This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under
the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an
appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional
documentation.
** Due to workload volume, it may take 90 - 120 days or more for the issuance of a standalone JD; however, you may
use the delineation for planning and permitting purposes.
Thank you,
April Norton
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105

Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
From: Norton, April R CIV USARMY CESAW (USA)
Sent: Monday, December 6, 2021 2:28 PM
To: Bob Lepsic <[e-mail]>
Subject: Delineation Concurrence (SAW-2021-02334) Downing Creek Lift Station
Dear Bob Lepsic,
Reference is made to Corps Action ID: SAW-2021-02334. Please reference this number on any correspondence regarding
this action.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown on the delineation map entitled, "Potentially Jurisdictional Features"
and dated September 2021.
Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256
provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type
where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon
for use in the permit evaluation process, including determining compensatory mitigation. This verification does not
address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as
such.
This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under
the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an
appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional
documentation.
** Due to workload volume, it may take 90 - 120 days or more for the issuance of a standalone JD; however, you may
use the delineation for planning and permitting purposes.
Thank you,
April Norton
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]

Study Area
Wetland
Intermittent Stream
111
&atm: CM:IN:33, , iye9 - c o ' e 60{c ES/AdibilmI * NJO
WMo Awal§ 3ID, ilfagOlg dmrr ly /
This Exhibit is for planning purposes only and shown
herein does not meet NC 47-30 Requirements and
therefore is not for design, construction, or recording or
transfer of title. The Exhibit was compiled from available
information obtained from the sources listed below.
Sources:
NCDOT, NC OneMap, ESRI
December2021
Figure 2
Potentially Jurisdictional Features
Downing Creek Lift Station
Durham County
0 25 50 100
Feet
■
S=PI
** **
CITY OF
DURHAM

DocuSign Envelope ID: FBFF6FE3-9872-4FD0-A25A-3C95FE2BF740
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
City of Durham
Attn: Crystal L. Penton
1600 Mist Lake Drive
Durham, NC 27704
(Via email crystaLpenton(a durhamnc.gov)
NORTH CAROLINA
Environmental Quality
December 29, 2021
Subject: Buffer Determination Letter
JBRRID 921-386
Durham County
Determination Type:
Buffer
Intermittent/Perennial
❑ Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
® Intermittent/Perennial Determination
(where local buffer ordinances apply)
® Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)
Project Name Downing Creek Lift Station Improvements
Address/Location
Stream(s):
6561 & 6354 Downing Creek Parkway, Durham
Little Creek
Determination Date: November 30, 2021 Staff: Colleen Cohn
Feature
E/I/P cn
Not i2)
Subject
Subject
Start @
Stop @
Soil
Survey
USGS
To o
I
X
Offsite
Stop 1: Approximately
35.89692,-78.999
SA
I
X
Start 2: Approximately
Stop 2: Approximately
X
35.89704,-78.9988
35.89714,-78.9987
I
X
Start 3: Approximately
Offsite
35.89722,-78.9987
(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.
DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA oepammeMotenwmmemmousi1-
/`� 919.791.4200

DocuSign Envelope ID: FBFF6FE3-9872-4FD0-A25A-3C95FE2BF740
Downing Creek Lift Station Improvements
Durham County
December 29, 2021
Page 2 of 2
Explanation: The stream(s) listed above been located on the most recent published NRCS Soil Survey of
Wake 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; DWR — 401 & Buffer Permitting Unit; 1617Mail 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 Colleen Cohn at (919) 791-
4258.
Sincerely,
ocuSigned by:
1�D
a f. V vl,t�.VlAAd
2916E6AB32144F...
For:
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy/Laserfiche
Robert Lepsic, SEPI Inc. (via email blepsic(asepiinc.com)

DocuSign Envelope ID: FBFF6FE3-9872-4FD0-A25A-3C95FE2BF740
DWR# 21-386
Downing Creek Lift Station Improvements
Durham County
I
-- J
5r w
Legend:
-Approximate Site Boundary: _ o
-Approximate Start/Stop Point
z �I -
r -- - -
11-- --
Feature SA not depicted j
■
■
'4PRIAGE WAY
r.
r
Map provided by NCDEQ
Division of Water Resources
:: Locations are approximate
and are provided for refer-
ence only ::

DocuSign Envelope ID: FBFF6FE3-9872-4FD0-A25A-3C95FE2BF740
DWR# 21-386
Downing Creek Lift Station Improvements
Durham County
1N s R
Wn
i
5r w
Legend:
-Approximate Site Boundary: _ o
-Approximate Start/Stop Point
Feature SA
w 6,
Map provided by NCDEQ
Division of Water Resources
:: Locations are approximate
and are provided for refer-
ence only ::
lA L

DocuSign Envelope ID: FBFF6FE3-9872-4FD0-A25A-3C95FE2BF740
Study Area
Wetland
Intermittent Stream
This Exhibit is for planning purposes only and shown
herein does not meet NC 47-30 Requirements and
therefore is not for design, construction, or recording or
transfer of title. The Exhibit was compiled from available
information obtained from the sources listed below.
Sources:
NCDOT, NC OneMap, ESRI N
December 2021
NCDEQ
0
Ilk
V AW
! /
Point ID
X
Y
SA-5
-78.9987
35.89722
NCDEQ 1
- 78.9988
35.89704
NCDEQ 2
-78.9987
35.89714
SA-61
-78.999
135.89692
Figure 2
Potentially Jurisdictional Features
Downing Creek Lift Station
Durham County
0 25 50 100
Feet
SEPI
CITY OF
DURHAM

/_1»4►111K4

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
November 17, 2021
Bob Lepsic
Sepi Inc
Glenwood Avenue, Suite 600
Raleigh, NC 27603
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
BLepsicksepiinc.com
Re: Downing Creek lift station improvements, 35.897079,-78.998667, Durham County, ER 21-2379
Dear Mr. Lepsic:
Thank you for your letter of October 1, 2021, regarding the above -referenced undertaking. We have
reviewed the submission and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
�Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

APPENDIX C

IPaC: Explore Location resources
https:Hipac.ecosphere.fws.gov/location/MNIVBDAXPLBAXPD06L...
IPaC
IPaC resource list
U.S. Fish & Wildlife Service
This report is an automatically generated list of species and other resources such as
critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife
Service's (USFWS) jurisdiction that are known or expected to be on or near the project
area referenced below. The list may also include trust resources that occur outside of the
project area, but that could potentially be directly or indirectly affected by activities in the
project area. However, determining the likelihood and extent of effects a project may have
on trust resources typically requires gathering additional site -specific (e.g.,
vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed
activities) information.
Below is a summary of the project information you provided and contact information for
the USFWS offices) with jurisdiction in the defined project area. Please read the
introduction to each section that follows (Endangered Species, Migratory Birds, USFWS
Facilities, and NWI Wetlands) for additional information applicable to the trust resources
addressed in that section.
Location
Durham County, North Carolina
rx
.,4 :AiY ..
Local office
Wnv _
Raleigh Ecological Services Field Office
t. [phone]
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MAILING ADDRESS
Post Office Box 33726
Raleigh, INC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, INC 27606-1487
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Endangered species
This resource list is for informational purposes only and does not constitute an
analysis of project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI
includes areas outside of the species range if the species could be indirectly affected by
activities in that area (e.g., placing a dam upstream of a fish population even if that fish
does not occur at the dam site, may indirectly impact the species by reducing or
eliminating water flow downstream). Because species can move, and site conditions can
change, the species on this list are not guaranteed to be found on or near the project
area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list
from either the Regulatory Review section in IPaC (see directions below) or from the local
field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to d❑ so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Progra_rr,
of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National
Oceanic and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under theirjurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC
also shows species that are candidates, or proposed, for listing. See the listing status
page for more information. IPaC only shows species that are regulated by USFWS (see
FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
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office of the National Oceanic and Atmospheric Administration within the Department
of Commerce.
The following species are potentially affected by activities in this location:
Clams
NAME
Atlantic Pigtoe Fusconaia masoni
Wherever found
There is final critical habitat for this species. Your location
does not overlap the critical habitat.
https://ecos.fws.gov/ecp/�Species/5164
Insects
NAME
Monarch Butterfly Manaus plexippus
Wherever found
No critical habitat has been designated for this specie
https://ecos.fws.govtecpLs-pecies19743
Flowering Plants
'
NAME
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecplspecies/5217
Smooth Conefiower Echinacea laevigata
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3473
Critical habitats
STATUS
Threatened
STATUS
Candidate
STATUS
Endangered
Threatened
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
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Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden
Eagle Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and
consider implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
■ Birds of Conservation Concern https://www.fws.gov//prc gram/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library_
/collections/avoiding-and-minim i zi ng-incidental-take-migratory:birds
• Nationwide conservation measures for birds https://www.fws.goy/sites/default/files
/documents/nationwide-standard-conservation-measures=per
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern [BCC} list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how
this list is generated, see the FAQ below. This is not a list of every bird you may find in this
location, nor a guarantee that every bird on this list will be found in your project area. To
see exact locations of where birders and the general public have sighted birds in and
around your project area, visit the E-bird data mappjng-W-Ql (Tip: enter your location,
desired date range and a species on your list). For projects that occur off the Atlantic
Coast, additional maps and models detailing the relative occurrence and abundance of
bird species on your list are available. Links to additional information about Atlantic Coast
birds, and other important information about your migratory bird list, including how to
properly interpret and use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
NAME BREEDING SEASON
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Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for
potential susceptibilities in offshore areas from certain types
of development or activities.
Black -billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Breeds Sep 1 to Jul 31
Breeds May 15 to Oct 10
Breeds Mar 15 to Aug 25
ox
Breeds May 1 to Aug 20
V *4
Kentucky Warbler Oporornis formosus ��� Breeds Apr 20 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
Breeds May 10 to Sep 10
Breeds elsewhere
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Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most
likely to be present in your project area. This information can be used to tailor and
schedule your project activities to avoid or minimize impacts to birds. Please make sure
you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (a) \A
Each green bar represents the bird's relative probability of presence in the 10km grid
ceII(s) your project overlaps during a particular week of the year. (A year is represented as
12 4-week months.) A taller bar indicates a higher probability of species presence. The
survey effort (see below) can be used to establish a level of confidence in the presence
score. One can have higher confidence in the presence score if the corresponding survey
effort is also high.
Haw is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events
in the week where the species was detected divided by the total number of survey
events for that week. For example, if in week 12 there were 20 survey events and the
Spotted Towhee was found in 5 of them, the probability of presence of the Spotted
Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of
presence at week 12 (0.25) is the maximum of any week of the year. The relative
probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a
statistical conversion so that all possible values fall between 0 and 10, inclusive. This is
the probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in
your project area.
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Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently
relevant information. The exception to this is areas off the Atlantic coast, where bird
returns are based on all years of available data, since data in these areas is currently
much more sparse.
probability of presence breeding season I survey e ffor — no data
SPECIES JAN FEB VAR APR f%.'AY JUN JUL
Bald Eagle Non -BCC 11D I I
! j
Vulnerable
Black -billed
Cuckoo
BCC
Rangewide
(CON)
Chimney
Swift
BCC
Rangewide
(CON)
IL
Eastern
Whip -poor -
will
BCC
Rangewide
(CON)
Kentucky
Warbler
BCC
Rangewide
(CON)
Prairie
Warbler
BCC
Rangewide
(CON)
++++ tttt ++++ 41- {
A: - 5EP OCT , NOV DEC
i 1111 E
llll� �� i i �#'11111
+ IIMIINII++tot ++++
tttt an 111111111t tttt +ttt
Ut tttt tttt I I I 1 1110 tttt tot tttl
I I I l ti I I I I I I I I I I I I I I I I++++ ++++ ++++ ++++
++++ ++++ ++++ +000 $111 11 �+ 000 00�� ++++ ++++ ++++
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Prothonotary
Warbler ++++ ++++ +++T T�*� I I I I 14400 ++++ ++++ ++++ ++++
BCC
Rangewide
(CON)
Red-headed
Woodpecker
BCC
Rangewide
(CON)
Rusty
Blackbird I I t I I I t ttt I I I F+ +41 I I ++ I I I+++++ ++++ +++* +++* �111110�
BCC - BCR
oodh ++++ 4t+ +++� 0000 $111111111111111 +++* ++++ ++++ +
BCC
Rangewide Afp
(CON)
Tell me more about conservation measures 1 can implement to avoid or minimize impacts to
migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all
birds at any location year round. Implementation of these measures is particularly important when
birds are most likely to occur in the project area. When birds may be breeding in the area, identifying
the locations of any active nests and avoiding their destruction is a very helpful impact minimization
measure. To see when birds are most likely to occur and be breeding in your project area, view the
Probability of Presence Summary. Additional measures or permits may be advisable depending on the
type of activity you are conducting and the type of infrastructure or bird species present on your project
site.
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKIN). The AKIN data is based on a growing collection of survey_, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention
because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species
that has a particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project
area. It is not representative of all birds that may occur in your project area. To get a list of all birds
potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
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potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided
by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey,
n ing, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to
interpret them, go the Probability of Presence Summary and then click on the "Tell me about these
graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Too] and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a
bird on your migratory bird species list has a breeding season associated with it, if that bird does occur
in your project area, there may be nests present at some point within the timeframe specified. If
"Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout
their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the
Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs)
in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid
and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean
Data Portal. The Portal also offers data and information about other taxa besides birds that may be
helpful to you in your project review. Alternately, you may download the bird model results files
underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive
Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project
webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
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year, including migration. Models relying on survey data may not include this information. For
additional information on marine bird tracking data, see the Diving Bird Study_ and the nanotag studies
or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of
priority concern. To learn more about how your list is generated, and see options for identifying what
other birds may be in your project area, please see the FAQ "What does IPaC use to generate the
migratory birds potentially occurring in my specified location". Please be aware this report provides the
"probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact
project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by
the black vertical bar) and for the existence of the "n❑ data" indicator (a red horizontal bar). A high
survey effort is the key component. If the survey effort is high, then the probability of presence score
can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of
data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply
a starting point for identifying what birds of concern have the potential to be in your project area, when
they might be there, and if they might be breeding (which means nests might be present). The list helps
you know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities, should
presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about
conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom
of your migratory bird trust resources page.
Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be
subject to the restrictions on federal expenditures and financial assistance and the
consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et
seq.). For more information, please contact the local Ecological Services Field Office or visit
the CBRA Consultations website. The CBRA website provides tools such as a flow chart to
help determine whether consultation is required and a template to facilitate the
consultation process.
There are no known coastal barriers at this location.
Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are
11 of 13 10/12/2022, 3:34 PM

INC: Explore Location resources
https:Hipac.ecosphere.fws.gov/location/MNIVBDAXPLBAXPD06L...
depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered
authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone"
that appears as a hatched area on either side of the boundary). For projects that are very close to a
CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official
determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-
resources-system-property-documentation
Data exclusions
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the
location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore
projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas
projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional
information, please contact CB�fws.gov.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands
Inventory (NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
12 of 13 10/12/2022, 3:34 PM

IPaC: Explore Location resources
https:Hipac.ecosphere.fws.gov/location/MNIVBDAXPLBAXPD06L...
For more information please contact the Regulatory Program of the local U.S. Army Corps
of Engineers District.
This location did not intersect any wetlands mapped by NWI.
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis
of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography.
A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any
particular site may result in revision of the wetland boundaries or classification established through
image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the
image analysts, the amount and quality of the collateral data and the amount of ground truth
verification work conducted. Metadata should be consulted to determine the date of the source
imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.
There may be occasional differences in polygon boundaries or classifications between the information
depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, g❑ undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the
design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state,
or local government or to establish the geographical scope of the regulatory programs of government
agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland
areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency
regulatory programs and proprietary jurisdictions that may affect such activities.
13 of 13 10/12/2022, 3:34 PM

Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
October 12, 2022
Robert Lepsic
SEPI, Inc.
1 Glenwood Avenue
Raleigh, NC 27603
RE: Downing Creek
Dear Robert Lepsic:
❑. 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.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or 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.
Also please note that 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 an occurrence of a Federally -listed species is 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 [phone]

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