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HomeMy WebLinkAbout20221672 Ver 1_ePCN Application_20221130DWR 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: 6/1/2022 BIMS # Assigned* Version#* 20221672 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Arvin Subdivision la. Who is the Primary Contact?* Sean Clark What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:eads\ztthomas lb. Primary Contact Email:* lc. Primary Contact Phone:* sclark@sageecological.com (919)559-1537 Date Submitted 11/30/2022 Nearest Body of Water Chunky Pipe Creek Basin Neuse Water Classification WS-IV;NSW Site Coordinates Latitude: 36.0057 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: -78.8263 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: 29 - Residential Developments 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: KL Arvin, LLC & Laverne B. Parrish 2b. Deed book and page no.: DB9529/PG41 & DB9529/PG50 2c. Contact Person: David Goracke (KL Arvin) & Laverne B. Parrish 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address 9121 Anson Way, Ste. 220 (KL Arvin) & 3132 Cheek Rd. (Parrish) Address Line 2 City State / Province / Region Raleigh & Durham NC Postal / Zip Code Country 27612 & 27704 USA Yes No Yes No 2e. Telephone Number: (919)868-6567 2f. Fax Number: 2g. Email Address: * dgoracke@kolter.com 4. Agent/Consultant (if applicable) 4a. Name: Nicole Thomson 4b. Business Name: Sage Ecological Services, Inc 4c. Address Street Address 3707 Swift Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)754-7806 4f. Email Address: * nthomson@sageecological.com C. Project Information and Prior Project History State / Province / Region C Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) Arvin Subdivision lc. Nearest municipality / town: Durham 2. Project Identification 2a. Property Identification Number: 0852-11-13-7426,0852-00-89-0520;0852-10- 51-3314;0852-20-88-7604;0852-12-02-4858 2b. Property size: 189.13 2c. Project Address Street Address 3132 Cheek Rd Address Line 2 City State / Province / Region Durham NC Postal / Zip Code Country 27704 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Chunky Pipe Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010504 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is undeveloped and wooded. The tree canopy consists of mature pines and hardwood trees. The topography of the Site ranges from a low point of +/- 300 feet above mean sea level (msl) along the drainages on the property, to a high point of +/- 380 feet msl along the northern property boundary adjacent to Cheek Road. Surrounding areas are a mix of undisturbed forest and residences. 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: 1.84 4g. List the total estimated linear feet of all existing streams on the property: 11,278 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a residential development to help meet the housing need in the area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Roads and lots were positioned to reduce impacts to streams and wetlands on the Site. The road crossings were designed to cross perpendicular to the jurisdictional features as much as possible given connection points and property boundaries. There are 1.84 acres of onsite wetlands of which only 0.34 acres are proposed to be permanently impacted. There are approximately 11,278 linear feet of stream onsite of which only 187 linear feet are proposed to be permanently impacted of which only 129 linear feet will result in permanent loss. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts, while silt fencing will be installed to provide additional protection from runoff. 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-2020-00212 & SAW-2019-01026 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Mr. David Gainey & Mr. Sean Clark Sage Ecological Services, Inc. Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The Arvin Assemblage is comprised of five (5) adjacent properties and was given the Action ID of SAW-2019-01026 after a site meeting with USACE staff in 2019. The Parrish property to the north was issued a preliminary determination (SAW-2020-00212) on 6/4/2020 after a site meeting with Mr. Andy Williams of the USACE. The main portion of the Assemblage, referred to as "Arvin Road Assemblage" was visited by both the USACE and DWR in 2019. The field sketch maps were updated per that site review, and provided to the USACE but no formal documentation by the USAGE was issued at the time. An updated package has been submitted to the current USAGE agent under separate cover. The NCDWR provided a stream determination (RRO #19-323) for the Arvin Road Assemblage in 2019. A stream determination was provided for the Parrish Property (NBRRO #22-012) in early 2022. An additional separate stream call (NBRRO #21-463) was made in 2021 on an offsite drainage that was approximately 50 feet from the property line. 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? No. The entire proposed residential subdivision is shown on the attached mapping. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction - Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* Impact A Road Crossing P Headwater Forest WE Yes Both 0.260 (acres) Impact K Lot fill & Road Crossing P Headwater Forest WD Yes Both 0.070 (acres) Impact L Road Crossing P Headwater Forest WAE Yes Both 0.010 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.340 2g. Total Wetland Impact 0.340 2i. Comments: Of the 1.84 acres of wetland on the Site, only 0.34 acres are proposed to be permanently impacted. As the wetland impacts exceed 0.10 acres, compensatory mitigation will be provided by Division of Mitigation Services (DMS). Statement of Availability (SOA) is attached. 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Impact A - Road Crossing Permanent Culvert SE Intermittent Both 4 Average (feet) 30 (linear feet) S2 Impact A - Road Crossing Permanent Rip Rap Fill SE Intermittent Both 4 Average (feet) 28 (linear feet) S3 Impact A - Road Crossing Temporary Dewatering SE Intermittent Both 4 Average (feet) 7 (linear feet) S4 Impact B - Sewer Crossing Temporary Dewatering SA Perennial Both 24 Average (feet) 33 (linear feet) S5 Impact C - Sewer Crossing Temporary Dewatering SI Intermittent Both 3 Average (feet) 43 (linear feet) S6 Impact G - Road Crossing Permanent Culvert SD Intermittent Both 8 Average (feet) 99 (linear feet) S7 Impact G - Road Crossing Permanent Rip Rap Fill SD Intermittent Both 8 Average (feet) 30 (linear feet) S8 Impact G - Road Crossing Temporary Dewatering SD Intermittent Both 8 Average (feet) 24 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 187 3i. Total stream and ditch impacts: 294 3i. Total temporary stream impacts: 107 3j. Comments: Of the 11,278 linear feet of stream on the Site, only 187 linear feet of permanent stream impact is proposed through two road crossings. Of those 187 linear feet of stream impact, 129 linear feet are associated with culvert installation (permanent impact, permanent loss) and 58 linear feet are associated with counter sunk rip rap dissipator pads (permanent impact, no permanent loss). 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact A - Road Crossing P SE No 4,282 3,482 Impact B - Sewer Crossing P SA No 1,958 716 Impact C - Sewer Crossing P SI No 2,466 1,402 Impact D - Sewer Crossing (aerial) P SA No 1,687 612 Impact E - SCM outfall P SI No 627 390 Impact F - SCM outfall P SI No 630 421 Impact G - Road Crossing P SD No 7,805 4,655 Impact H - SCM outfall P SD No 636 419 Impact I - SCM outfall P SI No 66 457 Impact J - Sewer Crossing (aerial) P SA No 1,020 614 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 0.00 Zone 1 21,177.00 Zone 1 21,177.00 Zone 2 0.00 Zone 2 13,168.00 Zone 2 13,168.00 Per 15A NCAC 02B .0714 Neuse River Buffer Rules, Section (11) Table of Uses, (kk)(iv) - sewer crossings with a "permanent maintenance corridor greater than 30 feet wide [which are] perpendicular crossings that disturb equal to or less than 40 linear feet, no mitigation is required". Therefore, this impact is deemed "allowable upon authorization". Per 15A NCAC 02B .0714 Neuse River Buffer Rules, Section (9) Table of Uses, (a)(i), "New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a state stormwater program or a state -approved local government stormwater program," are "Deemed Allowable". 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: Roads and lots were positioned to reduce impacts to streams and wetlands on the Site. The road crossings were designed to cross perpendicular to the jurisdictional features. There are 1.84 acre of onsite wetlands of which only 0.34 acre are proposed to be permanently impacted. There are 11,278 linear feet of stream onsite of which only 187 feet are proposed to be permanently impacted. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction fencing will be used to define the construction corridor and prevent any accidental, additional impacts. The Project will be phased so as to prevent large areas of land disturbance that could contribute to sediment runoff into the streams and wetlands. 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4e. Riparian wetland mitigation requested: (acres) 0.34 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments (acres) There is no wetland mitigation available at any private mitigation banks within the Neuse 01 basin. Therefore, NC Division of Mitigation Services (NCDMS) will be providing the compensatory mitigation required for the unavoidable wetland impacts. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: The proposed project stormwater management plan (SMP) will be reviewed by the locally delegated, state -approved government stormwater program. The applicant requests a Conditional 401 Authorization until the SMP is approved. 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. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to Chunky Pipe Creek, which is Water Supply -IV (WS-IV); Nutrient Sensitive Waters (NSW), (i.e. not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Municipal sewer operated by Durham with lines located adjacent to the Project site. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 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? A review of the NC Natural Heritage Program dated October 18, 2022, lists no federally listed T&E species on or within 1.0-mile of the Site. Additionally, formal concurrence was requested from the USFWS on 11/28/2022 confirming there are no Threatened & Endangered species concerns. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * The proposed project is in Durham County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.). 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The Site itself is not listed as a historic property. A concurrence letter from NC SHPO dated November 21, 2022, confirms there are no historic resources which would be affected by the project. 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?* FEMA Floodplain Maps Database - FIRM Panel No. 3720085200K, effective on 10/19/2018 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 Arvin SD Application Supplemental Information.pdf 36.95MB File must be PDF or KMZ Comments PCN Cover Letter Agent Authorization Forms Figure 1-USGS Arvin Site Vicinity Map Figure 2 - USGS Parrish Site Vicinity Map Figure 3 - Soil Survey Arvin Site Vicinity Map Figure 4 - Soil Survey Parrish Site Vicinity Map Figure 5 - Arvin Post USACE/DWR Stream & Wetland Sketch maps Figure 6 - Parrish Post USACE/DWR Stream & Wetland Sketch map NCNHP Database Report Copy of NCSHPO Review Letter (ER 22-2563) USFWS Self Certification Submittal Impact Maps USAGE PJD Verification, dated June 4, 2020 (SAW-2020-00212) DWR Buffer Determinations NBRROs #19-323, #21-463 & # 22-012 NC DMS Acceptance Letter (11/29/2022) Notice of Intent to File a Permit Application Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Nicole J Thomson Signature Akcale I Ma*So a Date 11/30/2022 ECOLOGICAL SERVICES EST., 2016 November 30, 2022 US Army Corps of Engineers Raleigh Regulatory Office Attn: Ms. April Norton 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Arvin Subdivision Request for NWP 29, GC 4226 and Buffer Authorization Sage Project #2018.091 NC Division of Water Resources 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 On behalf of Laverne B. Parrish (owner) & KL Arvin, LLC (applicant & owner), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the Arvin Subdivision (Project) may proceed under Nationwide Permit (NWP) 29, General Certification 4256 (GC 4256) and buffer authorization. Project Purpose and Location The overall project purpose is development of a residential subdivision. The +/189.13-acre tract is located south of Cheek Road and Arvin Road, in Durham County, NC. The coordinates of 36.0057°N, 78.8263°W generally correspond to the center of the Site. Project Detail The proposed Project consists of the construction of a residential subdivision with associated roads and utilities including a sewer line. Access to the Site will be provided via Cheek Road and Arvin Road along the northern property line. Heavy equipment typically used for utility installation projects (e.g. backhoes, bulldozers, etc.) will be utilized. A review of the NC Natural Heritage Program dated October 18, 2022, lists no federally listed T&E species on or within 1.0-mile of the Site. Additionally, formal concurrence was requested from the USFWS on 11/28/2022 confirming there are no Threatened & Endangered species concerns. The Site itself is not listed as a historic property. A concurrence letter from NC SHPO dated November 21, 2022, confirms there are no historic resources which would be affected by the project. Project History The site is undeveloped and wooded. The tree canopy consists of mature pines and hardwood trees. The topography of the Site ranges from a low point of +/- 300 feet above mean sea level (msl) along the drainages on the property, to a high point of+/- 380 feet msl along the northern property boundary adjacent to Cheek Road. Surrounding areas are a mix of undisturbed forest and residences. The Arvin Assemblage is comprised of five (5) adjacent properties and was given the Action ID of SAW-2019- 01026 after a site meeting with USAGE staff in 2019. The Parrish property to the north was issued a preliminary determination (SAW-2020-00212) on 6/4/2020 after a site meeting with Mr. Andy Williams of the USAGE. The main portion of the Assemblage, referred to as "Arvin Road Assemblage" was visited by both the USAGE and DWR in 2019. The field sketch maps were updated per that site review and provided to the USAGE but no formal documentation by the USAGE was issued at the time. An updated package has been submitted to the current USAGE agent under separate cover. Arvin Subdivision Page 1 of 2 The NCDWR provided a stream determination (RRO #19-323) for the Arvin Road Assemblage in 2019. A stream determination was provided for the Parrish Property (NBRRO #22-012) in early 2022. An additional separate stream call (NBRRO #21-463) was made in 2021 on an offsite drainage that was approximately 50 feet from the property line. Avoidance and Minimization Roads and lots were positioned to reduce impacts to streams and wetlands on the Site. The road crossings were designed to cross perpendicular to the jurisdictional features as much as possible given connection points and property boundaries. There are 1.84 acres of onsite wetlands of which only 0.34 acres are proposed to be permanently impacted. There are approximately 11,278 linear feet of stream onsite of which only 187 linear feet are proposed to be permanently impacted of which only 129 linear feet will result in permanent loss. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts, while silt fencing will be installed to provide additional protection from runoff. Project Impacts The are 0.034 acres of proposed permanent wetland impacts, 187 linear feet of proposed permanent stream impacts (129 linear feet associated with culvert installation & 58 linear feet associated with countersunk rip rap pads), 107 linear feet of proposed temporary impact, and 21,177 square feet of permanent proposed Zone 1 buffer impacts and 13,168 square feet of permanent proposed Zone 2 buffer impacts. Mitigation Proposed wetland impacts will be mitigated through NC Division of Mitigation Services. Proposed stream impacts are below mitigation thresholds. Proposed riparian buffer impacts are either "Deemed Allowable" or "Deemed Allowable with Authorization" so no mitigation is required. If you have any questions, please call me at (919) 559-1537. Sincerely, Respectfully submitted: Sean Clark Sage Ecological Services, Inc. C124 Attachments: PCN Cover Letter Agent Authorization Forms Figure 1-USGS Arvin Site Vicinity Map Figure 2 - USGS Parrish Site Vicinity Map Figure 3 - Soil Survey Arvin Site Vicinity Map Figure 4 - Soil Survey Parrish Site Vicinity Map Figure 5 - Arvin Post USACE/DWR Stream & Wetland Sketch maps Figure 6 - Parrish Post USACE/DWR Stream & Wetland Sketch map NCNHP Database Report Copy of NCSHPO Review Letter (ER 22-2563) USFWS Self Certification Submittal Impact Maps USACE PJD Verification, dated June 4, 2020 (SAW-2020-00212) DWR Buffer Determinations NBRROs #19-323, #21-463 & # 22-012 NC DMS Acceptance Letter (11/26/2022) Notice of Intent to File a Permit Application Nicole J. Thomson, PWS Sage Ecological Services, Inc. Arvin Subdivision Page 2 of 2 Name: Address: ECOLOGICAL SERVICES f5Y_ 2016 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative / 4 vERNe 8. PA > th 3/3 2 eNeck R L DizR / i, Ne 2 770 '7' 04/L/47C dpmess : RD_ & x /5088 PU.ONAfrt NC 27704) Phone: 9/9- 53 0 - O / %.T Email: Project Name/Description: Parrish Property Sage Project # 2018.91 Date: �/7/V. 51� 2 0 2 The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the CIean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. LL t B. A'cj1f-Lia Print Name of Landowner or Signature of Landowner or Legal Representative Legal Representative BY: BY: Name: Address: Phone: Email: ECOLOGICAL SERVICES EST. 2016 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Le2a1 Representative \\2..\ 5 "0O.,-,) zr L %Ro, �; v)� Wit) zj 6 NI- yNo\- sf-c8— 45.511 Project Name/Description: Sage Project # 2018.91 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange meeting prior to visiting the site. BY: a.v:NA F 6"c1rgC.Ac-'t- BY: Print Name of Landowner or Signa e offLandowner or Legal Representative Lega Representative Map Location CASWELL PERSON ORANGE DURHAM CHATHAM VAN C E GRANVILLE FRANKLIN WAKE USGS Map Parrish Property Sage Project # 2018.91 NE Durham, NC Quadrangle USGS Topography, December 2013 0 January 2, 2020 625 1,250 Feet Figure 1 ECOLOGICAL SERVICES Sage Ecobgical Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Map Location USGS Topographic Map Arvin Road Property Sage Project # 2018.91 NE Durham, NC Quadrangle December 2016 USGS Topography January 2, 2019 0 1,000 2,000 Feet Figure 1 SAGE ECOLOGICAL SERVICES Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Map Location CASWELL PERSON ORANGE DURHAM CHATHAM VANCE GRANVILLE FRANKLIN NRCS Soils Map Parrish Property Sage Project # 2018.91 Durham County, NC Soil Survey 1976 Sheet # 22 0 January 2, 2020 625 1,250 Feet WsC WsB Project Study Area Figure 2 ECOLOGICAL SERVICES Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 ORANGE Project Study Area Map Location DURHAMI GRANVILLE kfise H NRCS Soil Survey Map Arvin Road Project Sage Project # 2018.91 N Durham County Soil Survey, 1976 Soil Sheet 22 January 2, 2019 0 330 660 Feet Figure 2 SAGE ECOLOGICAL SERVICES Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 iS''"1-" ,�jF .,€6 4c�ID: �E6r,' NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. SGO2 Stop Stre . A%O ce daaijf j o Map Location ORANGE DURHAM r CHATHAM VANCE GRANVILLE -`FRANKLIN WAKE Post USACE/ NCDWR Meeting Wetland Sketch Map 1 of 2 Arvin Road Project Sage Project # 2018.91 November 8, 2019 0 125 250 Feet ECOLOGICAL SERVICES Figure 3 Drawn By: David Gainey Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Map Location ORANGE DURHAM *110 CHATHAM VANCE GRANVILLE -` FRANKLIN WAKE Post USACE/ NCDWR Meeting Wetland Sketch Map 2 of 2 Arvin Road Project Sage Project # 2018.91 November 8, 2019 0 125 250 Feet NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. ECOLOGICAL SERVICES Figure 3 Drawn By: David Gainey Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Note: Streams depicted herein may be subject to the NC State Riparian Buffer Rules r +/- 0.091-ac WD500 CffQ23(3 4 121D<ACINV 1- Potential Potential (Total Included Above) =Project Study Area Potential WOTUS—Wetland u Potential WOTUS — Intermittent Stream • Wetland Data Point • Upland Data Point WD536A tt wd500 Potential 'x'�S. fir: Potential Potential • NOTE: Location, shape, and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. SE00 ci 3' • 01 channel Map Location CASWELL PERSON ORANGE • DURHAM CHATHAM VANCE GRANVILLE Y* FRANKLIN WAKE Preliminary Jursdictional Determination Stream and Wetland Sketch Map Parrish Property Sage Project # 2018.91 May 28, 2020 0 75 150 Feet Map Information: Date Prepared: May 28, 2020 Preparer: P. Beach Data Source/Date: Stream and Wetland Assessment Field Data December 18, 2019; USACE site verification meeting May 26, 2020. Equipment: Trimble - Handheld GPS Notes: Post Processing to Submeter Figure 3 ECOLOGICAL SERVICES EST. $ 2016 Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 ■u■ •• NC DEPARTMENT OF ■■I ■■ NATURAL AND CULTURAL RESOURCES • •■■ October 18, 2022 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Arvin Road Property; 2018.91 Dear Sean Clark: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program N CN H D E-19670 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: https://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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 7 $ & § oE2° �>/% kE-2 % .E / 3®3> W § § $ - / ° — E4 e \\/ � a \ / 4 / / W m \ @ \ % .o ./ § c m \ a) ƒ \ / [ c g D /f / fu5f % w \3/D % § 2 '\ E @ u .- - @ E ,_ o 3�ƒ/ / _c .c 2 ± 4 ' 2±— * ®o 0 2 o o ._ / \ %/// b > \ o ] e t E a g c@ 9 ��/�/ ///� E co 7 )0ZjO U(6 Z <cooz \�k/ f E.k ® 2 u m ® o j 2/ Z § t 2/ ƒ<a/D« 7 a E E c o e ±/\2 ) E $ / 2 E 4 \ / & e o \ \ 4 \ \ O '« m y @ g = z E \ / E § I / EJ o 0 / 8 3 - ,�/�v e % ° O Z ) / go/ / 2 § m @ k 3 c uom No E There § / \ 2 & w ( / z f / \ \ z o z z \ E) / § In \ \ \ \»�% ¥{0 /70 ®oo= o o Z \ R a © [ La 0cC %/\\ 0c \\ 0 >, \ \ § c 0 El)o.0 \-0 Ji �2O5 0/a /\/\C > C C m G® .% 40 IF, E (i = { /»z>. / El) IA ao7/& / C o 0 w E 4 n///() oG)0 a f-w0 / 0 $ 0 ( \ 4 \ W 0 6 0w§\ ƒ / 0o°( / \ > ' 2 3 @ ± $ ® W m « o / 0 E°a 0 E E 0 < (0 E \ —m\0- j # 0 •- / / R / } / / / ° ® ) / / (/ / ) f \ e m 2 4 Gz %[ / § §) ( \ \ § / / / G / / § k \ f f 2 /,' 2 ro c / / J © \ o ee/oz\Q Z R,Z C e E \ » O\ 0 (N 2 ) 0 § \ 4 / E 2 0 E .. / \ go / m ) Z\ / \\ ° t y y y C 0i k E2/ § @ c c c c c } z O \ > > > > > (� e R 0 0 0 0 0 0¥ c G G G G@@ G »_ / \ 0 0 0 0 ƒ \ \ 0 \ \ / O / / / / a \ ¢ / - / � §j \> D O)N 2 .\ _ @ I a e \ : q ///�a ± >\ E >-oO W 0 e Z © O @ — — % 20�°3 ' 00> \.\/ / / 772 �\ \ 2° Z e U U§ c c /\ate 3 \ T mm2 \g 4 o \\� e :\0 > 4 4 2 (0 / / \ \\ E E U e c 3 3 C ° / Z « { Z 2 y \ o 0 0 U/ G C U / o £ 9 m £ O O O E»» U E § 7 ) [ ® 2§ 2 2 2 c c c 0 c 0\ / § / m 4: : : § / / U 5 } § 9 7 o O O O Q O R R Z O C/ G 0 ( CC (a \ E = ua -I-, -0 E 2 c c §\ ± O fc )co E c ®/\ }} 2 / ± %%® \� 1 / t m EE mo ) / [ \ \ _ _ @ / / / k o e o ° 0 0 u'0 0 E 0 C ƒ e e a C c o C 0\ / o / 0.) in ® ° ° \ E % / 0 / \ E E k / / % \ % O \ O O G \ \ \ / \ \ } / \ \ \ c § § t §\ 3 3 3 CD CD 2 c o 0 0// G e/ § 2 \ \ O O O E » » / E ` / \\ 2 2 2 0 0) c / f E c c > > > c e e { 0 (0 (0 -I-. y y o 2 2 U§ \ Q Z O O Q O R R Z O o f No Element No Natural Areas NCNHDE-19670: Arvin Road Property N 0 N co Q °DDD 0 Managed Area (MAREA) Buffered Project Boundary Project Boundary North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. November 21, 2022 Philip Beach, PWS Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 pbeach(asageecological.com Re: Construct residential development, Arvin Road, Durham, Durham County, ER 22-2563 Dear Mr. Beach: Thank you for your letter of October 18, 2022, concerning the above -referenced undertaking. We have reviewed the submittal 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.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, tatal Ramona Bartos, Deputy 1) State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 L7.li FE LI Y W ILD JFE SLiNV Lct United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 1 1 /28/22 Self -Certification Letter Project Name Arvin Assemblage Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Species Conclusions Table Project Name: Arvin Assemblage Date: 11/28/22 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Necturus lewisi/ critical habitat No Suitable Habitat Presesnt/ no critical habitat present no effect see attached project review package Noturus furiosus/ critical habitat no suitable habitat presesnt/ no critical habitat present no effect see attached project review package Rhus michauxii suitable habitat present, species not present not likely to adversely affect see attached project review package Echinacea laevigata suitable habitat present, species not present not likely to adversely affect see attached project review package Danaus plexippus potential habitat present and no current survey conducted not likely to adversely affect see attached project review package Haliaeetus leucocephalus unlikely to disturb nesting bald eagles not likely to adversely affect/ no Eagle Act permit required see attached project review package Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Signature /Title November 28, 2022 Date NATURAL COMMUNITY TYPE AND SPECIES SURVEY REPORT Arvin Assemblage Durham, Durham County, North Carolina November 28, 2022 Sage Project Number 2018.91 Prepared for: U.S. Fish and Wildlife Service 551 Pylon Dr # F Raleigh, NC 27606 Submitted by: Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 TABLE OF CONTENTS EXECUTIVE SUMMARY 1 SITE DESCRIPTION 23 1.1 Site Location 23 1.2 General Site Description 23 NATURAL COMMUNITIES 3$ 2.1 Natural Community Identification Methodology 3-9 2.2 Natural Communities On -Site 3. THREATENED AND ENDANGERED SPECIES 5-14 3.1 Threatened and Endangered Species Survey Methodology 5-14 3.2 Threatened and Endangered Species Survey Results 6 CONCLUSIONS AND RECOMMENDATIONS 1124 REFERENCES 1223 SITE PHOTOS A-1 FIGURES B-1 NATURAL HERITAGE PROGRAM DATABASE REPORT C-1 USFWS INFORMATION FOR PLANNING & CONSULTATION REPORT D-1 SPECIES CONCLUSION TABLE E-1 EXECUTIVE SUMMARY Sage Ecological Services, Inc. (Sage) completed a review of the Natural Communities Forest Typing and Threatened and Endangered (T&E) species habitat and species -specific surveys on the +/- 190.06-acre Arvin Assemblage (Site) located in the City of Durham, Durham County, NC. The purpose of this evaluation was to determine if Federally Listed Threatened and Endangered Species or their habitat will be associated with the future development of this Site. Sage completed the field evaluation on October 19, 2022. Figure 1 shows the location of the Site on the NE Durham, NC US Geological Survey (USGS) topographical quadrangle sheet, and Figure 2 shows the Site's location on the applicable portion of the United States Department of Agriculture's Natural Resources Conservation Service (USDA NRCS) Soil Survey for Durham County. The site is located within the Neuse River Basin. Two natural communities as well as maintained/disturbed areas are present on the Site. These include bottomland hardwood forest, mixed mesic oak -hickory forests, successional loblolly pine stands, maintained lawns, and a powerline. Figure 3 depicts the approximate boundaries of these natural communities. Four threatened and endangered (T&E) species, one candidate species, and the bald eagle are listed as potentially present near the Site by the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) resource list (Appendix D). No T&E species are documented to occur on or within 1.0 mile of Site per the NC Natural Heritage Program's database search (Appendix C). A survey for Michaux's Sumac, Smooth Coneflower and the Bald Eagle was conducted on October 19, 2022. No individuals were observed. 1 SECTION 1 SITE DESCRIPTION 1.1 Site Location The Site is located +/- 500-feet WSW of the Cheek Road and Benbow Road intersection in SW Durham County, NC. The coordinates of 36.0100° N, 78.8270° W generally correspond to the center of the Site. 1.2 General Site Description The Site is comprised of five adjacent parcels. The Site is mostly wooded except a single power line easement and a single-family residence in the northern corner of the Site. Mature Mesic-Mixed Oak -Hickory hardwoods interspersed with Loblolly Pine generally dominate the upland areas of the Site. Successional Pine stands consisting primarily of Loblolly Pine are found throughout the site. Mature Bottomland hardwood stands interspersed with Mature Loblolly Pine stands dominate the drainages and floodplains throughout the Site. The topography of the Site ranges from a low point of +/- 288 feet above mean sea level (msl) at the southeast property corner where Chunky Pipe Creek exits the Site, to a high point of +/- 384 feet msl in the northeastern portion of the Site. According to the US Department of Agriculture Natural Resources Conservation Service (USDA NRCS) Soil Survey for Durham County, NC, the Site contains the Altavista silt loam, Chewacla and Wehadkee, Creedmoor sandy loam, Iredell loam and White Store sandy loam soil series. 2 SECTION 2 NATURAL COMMUNITIES 2.1 Natural Community Identification Methodology Prior to arriving on -site, topographical maps, soil survey maps, orthophotographs, and ArcGIS generated maps of the area were reviewed to preliminarily identify areas (e.g., slope direction, ground cover, drainages, hydric soils areas, areas showing standing water, etc.) where different natural communities would likely exist. References materials used include plant keys and botanical references for natural communities that are common in this area of the state. The Site was traversed on foot and dominant canopy, midstory, and understory species were noted. Areas where community composition changed were noted and mapped. Table 4 and Figure 3 provides additional information for the natural communities on the Site. 2.2 Natural Communities On -Site Table 1: Natural Communities Natural Community Approximate Coverage (acres) Dominant Species Bottomland Hardwood Forest +/- 28 Canopy: Red Maple, American Elm, American Sycamore, River Birch, Tulip Poplar Midstory: American Elm, Ironwood, Northern Spicebush Understory: Poison Ivy, Greenbrier, Christmas Fern Successional Loblolly Pine Forest +/- 79 Canopy: Loblolly Pine, Red Maple, Sweet Gum Midstory: Loblolly Pine, Sweet Gum, Red Cedar Understory: Christmas Fern, Poison Ivy, Japanese Honeysuckle, Muscadine Grape, Greenbrier Mixed-Mesic Oak Hickory Hardwood Forest +/- 84 Canopy: White Oak, Northern Red Oak, Southern Red Oak, Shagbark Hickory, Pignut Hickory, Loblolly Pine, Tulip Poplar, Red Maple, Sweet Gum Midstory: Loblolly Pine, American Holly, Sweet Gum Understory: Christmas Fern, Poison Ivy, Japanese Honeysuckle, Muscadine Grape, Greenbrier Powerline +/ 3.75 Canopy: none Midstory: Sweet Gum, Tulip Poplar Understory: Poison Ivy, Greenbrier, Sericea Lespedeza, Mountain Mint, Winged Sumac 3 The bottomland hardwood forest is present within the drainages that run through the Site. These communities are thin due to the steep slopes of the drainages but become wider as they approach the pond in the southern portion of the Site. The canopy is dominated by Red Maple (Acer rubrum), American Elm (Ulmus americana), River Birch (Betula nigra), Tulip Poplar (Liriodendron tulipifera) and American Sycamore (Platanus occidentalis). The midstory and understory are generally open due to the maturity of the canopy with American Elm, Ironwood (Carpinus caroliniana), Northern Spicebush (Lindera benzoin) Poison Ivy (Toxicodendron radicans), Greenbrier (Smilax rotundifolia), Christmas Fern (Polystichum acrostichoides) and Japanese Honeysuckle (Lonicera japonica) present. Successional Loblolly Pine (Pinus taeda) stands are scattered throughout the Site. These managed stands of loblolly pine are mostly a monoculture; however, occasional Sweet Gum (Liquidambar styraciflua), Eastern Red Cedar (Juniperus virginiana) and Red Maple saplings are present in the midstory. The understory contains sparse to moderately dense populations of Christmas Fern, Poison Ivy, Japanese Honeysuckle, Muscadine grape (Vitis rotundifolia), and Greenbrier. The mesic mixed hardwood forest covers the majority of the Site. The canopy is dominated by White Oak (Quercus alba), Northern Red Oak (Quercus rubra), Southern Red Oak (Quercus falcata), Shagbark Hickory (Carya ovata), Pignut Hickory (Carya glabra) and Loblolly Pine. Other tree species include Tulip Poplar, Red Maple, and Sweet Gum. The midstory and understory generally open due to the maturity of the trees with Loblolly Pine, American Holly (Ilex opaca), Christmas Fern, Poison Ivy, and Muscadine Grape present. Invasive species noted in these communities include Japanese Honeysuckle. Inclusions of small pockets of additional upland forests including, but not limited to, dry-mesic and mesic hardwood forests are present within this community type but are not dominant. The powerline easement is present in the eastern portion of the Site running north/ south. The midstory and understory are moderately to very dense due to the overwhelming amount of Sericea Lespedeza (Lespedeza cuneata) and a lack of regular maintenance. The easement is dominated by Sweet Gum and Tulip Poplar in the midstory and Sericea Lespedeza in the understory along with species such as Mountain Mint (Pycnanthemum virginianum), Winged Sumac (Rhus copallinum), Greenbrier and Poison Ivy. 4 SECTION 3 THREATENED AND ENDANGERED SPECIES 3.1 Threatened and Endangered Species Survey Methodology Prior to completing the field survey, Sage biologists reviewed the USFWS current IPaC list of Threatened and Endangered species (T&E) (Table 2 and Appendix D). The survey windows for the target species were referenced to establish the appropriate field survey dates. Sage biologists reviewed various botanical sources to refresh familiarity of the species and habitat descriptions. Pictures of the species, botanical descriptions, and keys were reviewed and printed for use in the field survey. A review of the North Carolina Natural Heritage Program's (NCNHP) GIS database was conducted concurrently with the initiation of project fieldwork. This database review included a 1.0-mile radius search of the most recent GIS NCNHP Elemental Occurrence records (Appendix C). On October 19, 2022, Sage biologists walked transects and conducted a Natural Communities survey (Figure 3) and a species survey of the evaluation area within the locations most closely resembling suitable habitat on the Site. Within the species survey area, particular attention was given to areas that met many elements of the habitat descriptions and/or where known associate species were observed. Items brought along for use during the field survey included printed pictures of the species, botanical reference books including keys, camera, tape measure, 10x hand lens, field notebook, aerial maps, and survey flagging. Sage biologists also visited nearby known populations of Michaux's sumac on the same day as the Site survey. Table 2. USFWS Threatened & Endangered Species List per IPaC1 Common Name Scientific name Federal Status Habitat Type Bald eagle Haliaeetus Ieucocephalus BGPA2 Terrestrial Michaux's sumac Rhus michauxii Endangered Terrestrial Neuse River waterdog Necturus lewisi Threatened Aquatic Carolina madtom Noturus furiosus Endangered Aquatic Monarch butterfly Danaus plexippus Candidate Terrestrial Smooth Coneflower Echinacea Iaevigata Threatened Terrestrial 1 - IPaC List checked on 10/15/2022 2 - BGPA - Bald and Golden Eagle Protection Act 5 3.2 Threatened and Endangered Species Survey Results The NCNHP GIS database review indicated no federal T&E species are present on or within 1.0 mile of the Site (Appendix C). Table 3 provides additional information on the T&E species survey results. Detailed information on each species and the habitat survey is below. Table 3. T&E Species Survey Results Common Name Habitat Present Survey Results Biological Conclusion Bald eagle Yes No individuals observed Not Likely to Adversely Affect Michaux's sumac Yes No individuals observed Not Likely to Adversely Affect Neuse River waterdog No No survey performed No Effect Carolina madtom No No survey performed No Effect Monarch Butterfly No No survey performed No Effect Smooth Coneflower Yes No individuals observed Not Likely to Adversely Affect BALD EAGLE USFWS Recommended Survey Window: Year-round; November - March (optimal for birds and nests); February - May (optimal for active nesting) SPECIES AND HABITAT DESCRIPTION The Bald and Golden Eagle Protection Act is enforced by the USFWS. Golden eagles do not nest in North Carolina. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. SURVEY RESULTS A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile radius of the project limits, was performed on October 15, 2022, using 2021 color aerials. Multiple farm ponds are located on and within 1.0 mile of the Site which are large enough to support foraging habitat for bald eagles. Since there was foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was conducted on October 19, 2022. No individuals or nests were observed. Additionally, a review of the NCNHP database, updated October 2022, revealed no known occurrences of this species within 1.0 mile of the project study 6 area. Due to the lack of observed individuals, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will is not likely to adversely affect this species. MICHAUX'S SUMAC USFWS Recommended Survey Window: May - October SPECIES AND HABITAT DESCRIPTION Michaux's Sumac is a rhizomatous, densely hairy shrub, with erect stems from 1 - 3 feet (ft) (30.5 - 91 centimeters, cm) in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July; while the fruit, a red drupe, is produced through the months of August to October. Michaux's Sumac grows in sandy or rocky open woods in association with basic soils. Apparently, this plant survives best in areas where some form of disturbance has provided an open area. Several populations in North Carolina are on highway rights -of way, roadsides, or on the edges of artificially maintained clearings. Two other populations are in areas with periodic fires, and two populations exist on sites undergoing natural succession. One population is situated in a natural opening on the rim of a Carolina Bay. SURVEY RESULTS Suitable open habitat for the Michaux's Sumac is present within the powerline easement and along Avalon Road at the northeastern property line. However, the soils on the Site within areas that could be considered habitat are not suitable for the species. A survey for Michaux's Sumac was conducted on October 19, 2022, and no individuals were observed; however, one associative species: Winged Sumac (Rhus copallina) is present on the Site. A review of NCNHP records, updated October 2022, indicates no known occurrences within 1.0 mile of the study area. A population of Michaux's Sumac was visited prior to the survey on the day of the survey to assess the current growth conditions. Due to lack of known nearby occurrences and observed individuals, the development of the Site is not likely to adversely affect this species. 7 NEUSE RIVER WATERDOG USFWS Recommended Survey Window: November 15 - March 15 SPECIES AND HABITAT DESCRIPTION The Neuse River waterdog is a permanently aquatic salamander. It can grow up to 11 inches long. It has a reddish -brown body with an irregular pattern of large blue or black spots. The waterdog has a laterally compressed tail the same coloration as the body; however, the belly is typically a dull brown or gray color with spots similar to those seen elsewhere on the body. Adult Neuse River Waterdogs have elongated heads with squared -off noses, cylindrical trunks, and tails that are laterally compressed and ridged. Three dark -red, bushy gills project from either side of the head and a dark line runs through the eye. The skin is smooth, slimy and a light rusty brown color, with the belly being a paler brown or grayish. There are dark brown or blackish spots throughout the surface that are smaller on the underside. The limbs are rather small, and the front and hind feet have four toes each (unlike most salamanders, which have five toes on each back foot). Its appearance is significantly different in earlier life stages, as hatchlings and larvae. Hatchlings are light brown in color with dark lines from each nostril through the eye to the gills, with a white patch behind the eye and above the line. Their heads are round when compared to the square, elongated heads of the adults. Hatchlings have spots with concentrations highest on the tail, making the tail darker than the head and trunk. Their forelimbs have three complete toes, and a bud that will later develop into the inner fourth toe. The hindlimbs are not yet developed. The Neuse River waterdog specific habitat characteristics include low to moderate gradient streams and low current velocity. It is a fully aquatic salamander, never leaving the water. It lacks lungs, getting oxygen from the water via external gills and needs clean, flowing water with high dissolved oxygen concentrations. The species dwells in streams wider than 15 meters but has been found in smaller creeks. SURVEY RESULTS Suitable habitat for the Neuse River waterdog is not present on the Site. Tributaries do not have appropriate substrate, stability, and presence of enriched oxygenated waters to provide suitable habitat. A review of NCNHP records, updated October 2022, indicates no known occurrences within 1.0 mile of the study area. The proposed site development should have No Effect on this species. 8 CAROLINA MADTOM USFWS Recommended Survey Window: Year-round; April - October (optimal) SPECIES AND HABITAT DESCRIPTION The Carolina madtom is a small catfish, reaching a maximum length of nearly five inches. When compared to other madtoms, the Carolina madtom has a short, chunky body and a distinct color pattern. Three dark saddles along its back connect a wide, black stripe along its side extending from its snout to the base of its tail. The adipose fin has a dark blotch that does not quite reach the fin's edge, giving the impression of a fourth saddle. Yellowish to tan blotches space the saddles, while the rest of the fish is tan. The belly is un-speckled, and the tail has crescent -shaped brown bands near its edge and center. Its pectoral spines have well-defined serrated (saw -like) projections along both margins. Stinging spines in its pectoral fins, earn this fish the "furiosus" title that is part of its scientific name. The species occurs in riffles, runs, and pools in medium to large streams and rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate gradient in both the Piedmont and Coastal Plain physiographic regions. Optimal substrate for the Carolina madtom is predominantly silt -free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells, and even cans and bottles. SURVEY RESULTS Suitable habitat for Carolina madtom is not present on the Site. Tributaries do not have appropriate substrate, stability, and presence of enriched oxygenated waters to provide suitable habitat. A review of NCNHP records, updated October 2022, indicates no known occurrences within 1.0 mile of the study area. The proposed site development should have No Effect on this species. MONARCH BUTTERFLY SPECIES AND HABITAT DESCRIPTION The monarch butterfly is a large butterfly species with two sets of wings and wingspan of three to four inches. Their wings are a deep orange with black borders and veins, and white spots along the edges. The underside of the wings is pale orange. The body is black with white markings. 9 Adult Monarch butterflies feed on a variety of flowers in fields, roadside areas, open areas, and gardens, but can only breed where milkweeds are found. The Monarch butterfly migration route crosses North Carolina in the spring as the species makes its way north during annual migration. SURVEY RESULTS The monarch butterfly is listed as a Candidate species and is not currently afforded protection under Section 7 of the ESA. Feeding habitat for monarch butterfly is present in the study area along the powerline. A review of NCNHP records, updated October 2022, indicates no known occurrences within 1.0 mile of the study area. Due to lack of known nearby occurrences and observed individuals, the development of the Site is not likely to adversely affect this species. SMOOTH CONEFLOWER USFWS Recommended Survey Window: May - October SPECIES AND HABITAT DESCRIPTION The US Fish & Wildlife Service's (USFWS) optimal survey window is from late May through October. The smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clearcuts, dry limestone bluffs, and power line rights -of -way, usually on magnesium and calcium rich soils associated with amphibolite, dolomite or limestone (in Virginia), gabbro (in North Carolina and Virginia), diabase (in North Carolina and South Carolina), and marble (in South Carolina and Georgia) with higher pH (basic). Smooth coneflower occurs in plant communities that have been described as xeric hardpan forests, diabase glades or dolomite woodlands. Optimal sites are characterized by abundant sunlight and little competition in the herbaceous layer. Natural fires, as well as large herbivores, historically influenced the vegetation in this species' range. Many of the herbs associated with smooth coneflower are also sun -loving species that depend on periodic disturbances to reduce the shade and competition of woody plants. SURVEY RESULTS Suitable open habitat for the Smooth Coneflower is present within the powerline. However, the soils on the Site range from slightly acidic to strongly acidic. A survey for Smooth Coneflower was conducted on October 19, 2022, and no individuals were observed. No associative species were present on the Site. A review of NCNHP records, updated October 2022, indicates no known occurrences within 1.0 mile of the study area. Due to lack of known nearby occurrences and observed individuals, the development of the Site is not likely to adversely affect this species 10 SECTION 4 CONCLUSIONS AND RECOMMENDATIONS Sage Ecological Services, Inc. (Sage) completed a review of the Natural Communities Forest Typing and Threatened and Endangered (T&E) species habitat and species -specific surveys on the +/- 190.06-acre Arvin Assemblage (Site) located in the City of Durham, Durham County, NC. Two natural communities as well as maintained/disturbed areas are present on the Site. Figure 3 depicts the approximate boundaries of these natural communities. No T&E species are documented to occur on or within 1.0 mile of Site. A survey for Michaux's Sumac, Smooth Coneflower and the Bald Eagle was conducted on October 19, 2022. No individuals were observed. Development of the Site is not likely to adversely affect Michaux's Sumac, Smooth Coneflower and the Bald Eagle. Habitat for T&E aquatic species is not present on the Site. 11 SECTION 5 REFERENCES Munsell Color. 2000. Munsell Soil Color Charts. Gretagmacbeth, New Windsor, NY. N.C. Division of Water Quality. 2010. Methodology for Identification of Intermittent and Perennial Streams and Their Origins, Version 4.11. North Carolina Department of Environment and Natural Resources, Division of Water Quality. Raleigh, NC. Radford, Albert E., Ahles, Harry E., and C. Ritchie Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. U.S. Army Corps of Engineers Environmental Laboratory (USCOE). 1987. Corps of Engineers Wetlands Delineation Manual. Wetlands Research Technical Report Y-87-1, US Army Engineers Waterways Experiment Station, Vicksburg, MS. U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Regional Guidance (Version 2.0), ed. J.S. Wakeley, R.W. Lichvar, and C.V. Noble, ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Army Corps of Engineers. 2020. National Wetland Plant List, version 3.5. http://wetland- plants.usace.army.mil/ U.S. Department of Agriculture. 1976. Soil Survey of Durham County, North Carolina. Natural Resources Conservation Service, US Department of Agriculture, Washington, D.C. USFWS. 2020. Michaux's sumac (Rhus michauxii) Fact Sheet. Updated November 10, 2020. https://www.fws.gov/raleigh/species/es_michauxs_sumac.html USFWS. 2020. Optimal Survey Windows and Number of Years a Survey is Valid for North Carolina's Federally Threatened, Endangered, and At -Risk Plant Species. US Fish and Wildlife Service, Raleigh, NC. http://www.fws.gov/nces/es/plant_survey.html. Updated March 10, 2020. USFWS. 2021. Bald Eagle (Haliaeetus Ieucocephalus) Fact Sheet. February 2021. https://www.fws.gov/sites/default/files/documents/bald-eagle-fact-sheet.pdf USFWS. 2021. Recovery Outline for Carolina Madtom (Noturus furiosus). November 2021. https://ecos.fws.gov/docs/recovery_plan/Carolina%o20Madtom%o20Recovery%o200utline. pdf U.S. Geological Survey. 2022. NE Durham, NC Quadrangle, North Carolina [map]. 1:24,000. 7.5 12 Photo 1: North end of the Powerline looking south. Photo 2: Southern end of the Powerline looking North. APPENDIX A SITE PHOTOS A-1 Photo 3: Typical Successional Forest. Photo 4: Typical Bottomland Forest. A-2 Photo 5: Chunky Pipe Creek. Photo 6: Typical Mixed-Mesic Oak Hickory Forest. A-3 APPENDIX B FIGURES B-1 APPENDIX C NATURAL HERITAGE PROGRAM DATABASE REPORT C-1 Map Location ORANGE DURHAM` VANCE GRANVILLE FRANKLIN USGS Topographic Map Arvin Road Property Sage Project # 2018.91 NE Durham, NC Quadrangle December 2016 USGS Topography January 2, 2019 Figure 1 ECOLOGICAL SERVICES ESr. Md. CHATHAM WAKE 0 1,000 2,000 Feet Sage Ecological Services, Inc. Office: 919-335-6757 CeII: 919-559-1537 Map Location ORANGE DU R HIN211 GRANVILLE WAKE NRCS Soil Survey Map Arvin Road Project Sage Project # 2018.91 Durham County Soil Survey, 1976 Soil Sheet 22 January 2, 2019 0 500 1,000 Feet Figure 2 ECOLOGICAL SERVICES ES,* Md. Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Stand 3 - Mixed-Mesic Oak -Hickory Forest Stand 2 - Successional Loblolly Pine Forest Note: The Mesic-Mixed Forest Community (Stand 3) also contains isolated stands of additional hardwood forest community types (i,e, Dry Mesic, Mesic) Map Location CASWELL PERSON ORANGE DURHAM GRANVILLE WAKE Natural Community Type Sketch Map Arvin Road Project Sage Project # 2018.91 November 28, 2022 SAGE ECOLOGICAL SERVICES. EST.* 2016 Figure 3 Drawn By: David Gainey 1" = 400' Sage Ecological Services, Inc. Office: 919-335-6757 0 200 400 Cell: 919-559-1537 Feet APPENDIX D USFWS INFORMATION FOR PLANNING & CONSULTATION REPORT D-1 ■an an NC DEPARTMENT OF o n ■■ NATURAL AND CULTURAL RESOURCES • ■r N October 18, 2022 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Arvin Road Property; 2018.91 Dear Sean Clark: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program N CN H D E-19670 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: https://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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES No Element Occurrences are Documented within the Project Area $ & § oE2° kE--o % E 9- •(7) 3 > / � § E > / / ° •3 E 4 /toy e9/ / c C @\&o §c / \ / [ 0 §/u).c %®\f (0 \£/D .o c o .R E $ % .y @ E o 3�ƒ/ c •: 2 �)\U @ @ % E ® E £ E % \ ] (0 / E @ 13 - /m£0 D tic E DI \ w / 0 e ® z co _C• D273-0 3 E E \ ± @ 2 0 >a) o /L(0 \\/ g § 6 / @.5 @ m E @ I / oTo ro / 2 § ) o Z c y '0 0 / \ / / 7 _c\ c + Eo - / $ - \ 0 \ \]/ a)@ E _@ E/$« o £ 2 D o co o e m E a) -o2 / } ƒ §o /(0 U ° § R Z 6 e § 0 \ 2 No Natural Areas are Documented within the Project Area a) .0 0 2 \ » 0a & \ D \ Z >) o 0 0 \ / ,13 § \ E) \ 0 0 \ \ m - a;7»\Q w ®.0= \�0Z \ R a © E\0/ \\\\ »� 0 D O \\ \\ \0%2 0 \ j \{ 2§ { a ) // @e 0w 0-/fi7b o /& /\2 \. c co > C tc C 3: 0 i (i _c\ / /»0 U[\J\ o. 0& \0\E o�a2 2� a;® (O 0 fk\/ \/0) (\\\ S 0 IL c @//\/ > I•2c %/\\o a <O � a� c c • \ 0 \ ECll 0•-: = E 0 7 ƒ / E o@U Ea IF, / (/ / ) ƒ \ mZ40 %[ § (0 C 0 � (o c f �% _. / / / / § k @ @ » 6 ƒ % \ / / § J © \ e e/ 0 Z\ Q R,z C e E No Element Occurrences are Documented Within a One -mile Radius of the Project Area No Natural Areas are Documented Within a One -mile Radius of the Project Area 2 / —_0 $ 0 0 c § 0 0 no < >>c c c c }} Z D § § § / / w y 0 om \ ƒ O O O E»» U E § 7 4—% 0 0 0 e e e Z e 2 O 0 > > > 3 c § £ m m m a t t e 7•2.2 U§ -} 0 0 0 0 U O R R Z 0 §Z • • / §$ 0\ \ co c .co\ 0 ( e)c E $ $ 0,2 § 0 e e -I-, -I-, -I-,o 2 U o CD0 U U U O R R Z O o f NCNHDE 19670: Arvin Road Property Managed Area (MAREA) Buffered Project Boundary xg -g <E o 2110 NTZ Project Boundary 4- 0 0) a APPENDIX E SPECIES CONCLUSION TABLE E- 1 11/20/22, 4:21 PM IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list 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 office(s) 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 \....„„\...) 0 Durham County, North Carolina0 I Local office i Raleigh Ecological Services Field Office t. (919) 856-4520 I (919) 856-4556 https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 1/13 11/20/22, 4:21 PM MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 o9b IPaC: Explore Location resources & \,-q° cioi& https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 2/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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 do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species1 and their critical habitats are managed by the Ecological Services Program 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 their jurisdiction. 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). https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 3/13 11/20/22, 4:21 PM IPaC: Explore Location resources 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Amphibians NAME Neuse River Waterdog Necturus lewisi Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/6772 Fishes j NAME STATUS ' STATUS Threatened Carolina Madtom Noturus furiosus Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecplspecies/528 Insects NAME Boa Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. bttps://ecos.fws.gov/ecp/species/9743 Flowering Plants Endangered STATUS Candidate NAME STATUS Michaux's Sumac Rhus michauxii Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 4/13 11/20/22, 4:21 PM IPaC: Explore Location resources Smooth Coneflower Echinacea laevigata Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3473 Critical habitats 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. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actl. 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/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/col lections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.pdf 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 mapping tool (Tip: enter your location, desired date https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 5/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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 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. BREEDING SEASON \let\Breeds Sep 1 to Jul 31 4 \° Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its+ range in the continental USA and Alaska. mi 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 Aiaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Mar 15 to Aug 25 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 Probability of Presence Summary https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 6/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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 (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(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. a ‘tA How is the probability of presence score calculated? The caicuiation is done in three stepsi* 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 property 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 0.2510.25 = 1; at week 20 it is 0,0510.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fail 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. Survey Effort (I) 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 ( ) https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 7/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Vulnerable Chimney Swift BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Rusty Blackbird BCC - BCR Wood Thrush BCC Rangewide (CON) 1+++ +++ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l-k 11 I I ++++ +}i I I I I I I I I I I I I I I I I I I I I I I I I 1 I.1 I I l I I+++++ f+ I I f+ +}++ ++++ +III I I I I I I I I I I I I++++ +++ +�' +++ +++ I I I I I I I I I I I l 1 I I I I I I I I I I I II I; I I I I I I I I I I+++ ++++ \...)18*°- I:Ip TEf tT!11O6 �1 +--1 1-1-7)--17++ -4+-1 1111 1111 1111 1111 1 Hii++++++++++++ Tell me more about conservation measures i 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? https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 8/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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 (AKN). The AKN 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 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, banding, and citizen science datasets. Probability of presence data is continuousty 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 Tool 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 likety 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 https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 9/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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 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? < \00 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 "no 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 https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 10/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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 depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations dose 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/servicelcoastal-barrier-resour{es-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 10\it CBRA@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. https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 11/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these restAts with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands; FRESHWATER FORESTED/SHRUB WETLAND Palustrine RIVERINE Riverine 0?°' A full description for each wetland code can be found at the National Wetlands Inventory website 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 https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 12/13 11/20/22, 4:21 PM IPaC: Explore Location resources 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, go 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. ‘) \s https://ipac.ecosphere.fws.gov/IocationNP5IYHTPN5EU3H7ESZJEJV63VY/resources 13/13 SURVEY PROVIDED BY BASS, NIXON AND KENNEDY, INC. DELINEATION PROVIDED BY SAGE ECOLOGICAL SERVICES, INC. STORMWATER REVIEW BY CITY OF DURHAM TOTAL RESIDENTIAL LOTS PROPOSED = 574 IMPERVIOUS: PRE —DEVELOPED = 0.65 AC. POST -DEVELOPED = 53.93 AC. PROPOSED BUILT UPON AREA (BUA) = 53.93 AC. TOTAL LENGTH OF STREAMS: 11,278 LF +/- TOTAL AREA OF WETLANDS: 80,279 SF +/- 11/28/20229:03:40 AM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Overall Impact Map.dgn I,n� ii-i, 'ii 'ii ii ili i LILUUsILV IMPACT A TOTAL ZONE 1 NEUSE BUFFER 4.282 SF ZONE 2 NEUSE BUFFER 3.842 SF STREAM IMPACT (RIP -RAP) 28 LF / 133 SF STREAM IMPACT (CULVERTI 30 LF / 118 SF TOTAL STREAM IMPACT 58 LF / 251 SF TEMP. STREAM I1'ACT 7 LF / 50 SF WETLAND ImPACT 11.453 SF / 0.26 AC IMPACT E TOTAL ZONE 1 NEUSE BUFFER 627 SF ZONE 2 NEUSE BUFFER 390 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A I1PACT I TOTAL ZONE 1 NEUSE BUFFER 66 SF ZONE 2 NEUSE BUFFER 457 SF STREAM IMPACT (RIP -RAPT N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A IMPACT 8 TOTAL ZONE 1 NEUSE BUFFER 1.958 SF ZONE 2 NEUSE BUFFER 716 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM ImPACT N/A TEMP. STREAM IMPACT 33 LF / 779 SF WETLAND IMPACT N/A I1I'ACT F TOTAL ZONE 1 NEUSE BUFFER 630 SF ZONE 2 NEUSE BUFFER 421 SF STREAM IMPACT (RIP-RAP1 N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WE TL ANO I1PACT N/A IMPACT d TOTAL ZONE 1 NEUSE BUFFER 1.020 SF ZONE 2 NEUSE BUFFER 614 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A I1PACT C TOTAL ZONE 1 NEUSE BUFFER 2.466 SF ZONE 2 NEUSE BUFFER 1.402 SF STREAM II ACT (RIP -RAP) N/A STREAM I1PACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT 43 LF / 147 SF WETLAND IMPACT N/A IMPACT G TOTAL ZONE 1 NEUSE BUFFER 7.805 SF ZONE 2 NEUSE BUFFER 4.655 SF STREAM IMPACT (RIP -RAP) 30 LF / 210 SF STREAM IMPACT (CULVERT) 99 LF / 797 SF TOTAL STREAM IMPACT 129 LF / 1.007 SF TEmP. STREAM ImPACT 24 LF / 192 SF WETLAND I1PACT N/A IMPACT K TOTAL ZONE 1 NEUSE BUFFER N/A ZONE 2 NEUSE BUFFER N/A STREAM IMPACT (RIP -RAPT N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT 3.246 SF / 0.07 AC IMPACT 0 TOTAL ZONE 1 NEUSE BUFFER 1.687 SF ZONE 2 NEUSE BUFFER 612 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND I1PACT N/A IMPACT H TOTAL ZONE 1 NEUSE BUFFER 636 SF ZONE 2 NEUSE BUFFER 419 SF STREAM I1PACT (RIP -RAP) N/A STREAM I1PACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A IMPACT F TOTAL ZONE 1 NEUSE BUFFER N/A ZONE 2 NEUSE BUFFER N/A STREAM I1PACT (RIP-RAPI N/A STREAM I1PACT (CULVERT) N/A TOTAL STREAM I1.'ACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT 318 SF / 0.01 AC TOTAL IMPACTS TOTAL SF TOTAL AC ZONE 1 NEUSE BUFFER 21.177 SF 0.49 AC ZONE 2 NEUSE BUFFER 13.528 SF 0.31 AC STREAM IMPACT (RIP -RAP) 58 LF / 343 SF 0.01 AC STREAM IMPACT (CULVERT) 129 LF / 915 SF 0.02 AC TOTAL STREAM IMPACT 187 LF / 1.258 SF 0.03 AC TEMP. STREAM IMPACT 107 / 1.168 SF 0.03 AC WETLAND IMPACT 15.017 SF 0.34 AC N W_ H H Z 0 U a 2 J J cc W 0 N co 6 z 0 DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co 11/14/20226:57:21 AM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Overall Impact Ouantities.dgn M A O M I / / I \ /— — --d` / 7 I / '.> ?O.. ./7 I / /7-11` / 1 ,' 2 '�O / , \/• ♦��/ //� ' ' 50' NEUSE RIVER —RIPAREAN BUFFER (MEASURED FROM / TOP OF BANK) / - -TOP OF,-- - STREAM - BANK — - -- - 0 i J '28'L x 12'W x 22" DEEP /CLASS 1 RIP —RAPS / 1 / • / / / z r • / / / / i I I I I I I I I I I ' I , / / / / IMPACT A TOTAL ZONE 1 NEUSE BUFFER 4.282 SF ZONE 2 NEUSE BUFFER 3.842 SF STREAM IMPACT (RIP -RAPT 28 LF / 133 SF STREAM IMPACT (CULVERTI 30 LF / 118 SF TOTAL STREAM IMPACT 58 LF / 251 SF TEMP. STREAM IMPACT 7 LF / 50 SF WETLAND IMPACT 11.453 SF / 0.26 AC / / / / / / / / LEGEND 1U WE 2.�.'.►Atk4 /z, PROP. 42" RCP PROP. RETAINING WALL / //// PROP. 12" DIP // /� WATERLINE STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT TEMP. STREAM IMPACT RIP —RAP WETLAND IMPACT WETLAND / 30' ZONE 1 IMPACT WETLAND / 20' ZONE 2 IMPACT SCALE IN FEET 350 345 PROP GRADE 340 —EX. GRADE 335 „139.00 C- @ 4F/0% 330 325 320 315 133 N V U = 334.30 1+50 2+00 20 40 80 120 160 SCALE: H - 1" = 20 V - 1" = 5' 2+50 co 0 z 0 DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co CO 11/11/20222:23:45 PM PLOT BY: eremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact A Stream.dgn 30' CITY OF /� .4 '/ 30 , ,.DURHAM SANITARY \ % / „Al(- SEWER EASEMENT �Jl \ r ' / 1/VA—A j ' �l ,�' / i , ,,,,, `\I,- ,- / �. 1 FLOODWAY ' ` / / , 1 - ' / WETLANDS,' ./, i • sue, ii��y�0 `\ �///hg,'/ TOP OFi�/,' Fes% / / /� STREAM] // / \ i // .'BANK // ' f f / �.� j ��l_ \. ,�� /. 50' NEUSE RIVER RIPAREAN BUFFER (MEASURED FROM TOP OF BANK) / �- 1Q. 'e2 . ��• ,yam -S-S I .. SS' - - PROP. DOGHOUSE / SS' / IMPACT 8 TOTAL ZONE 1 NEUSE BUFFER 1.958 SF ZONE 2 NEUSE BUFFER 716 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT 33 LF / 779 SF WETLAND IMPACT N/A LEGEND 0S D SEWEEX. ROEASEMENTRY 100 YEAR FL00DPLAIN STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT WETLANDS TEMP. STREAM IMPACT SCALE IN FEET 0 0 0 0 305 300 295 290 285 280 275 270 w 0 x z w tn W100 W L EL.—= 295_6- Ex. G RAD E f \ E)S. 12" SEWER I V. = 284.4 2' CQV MIN. ER 207.6 2 LF - 8" DIP 0. 51% vv COo SCALE : H - 1" V - 1" =20' = 5' +00 1+50 2+00 0 20 40 80 120 160 CO O z O DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co 11/11/20222:23:27 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact B - Stream.dgn n 1 I i 1 I 1 \ \ /1 /1 I 1 I 1 111 \ 1 I 1 \ I 11 1 1 I I / -/ \/ ` 1 I 1 10 1 I 1 1 // \ ` 1 I I / / \ I 1 l I I 1 �I 1 I\ 1 \\\\ 1 5 I1 II 1 \I 11 I11 I 1 \ \ \1 \% II I 101 EX. 50' GAS 1i I I 1 I I \ 1 IL INE EASEMENT •�•�'••• I/ (� I 1 I I .ice %J_ I \ 1 1 1 1 I ,\ I 1 1 1 I 1 \ -••�.• / 1 1 1 \ *1 1 1\ ;/ / \ \'1 1 � DI 1 1 \ 1 Y/' 1 \ \ \ \ \ \\ \ \ -- \ \ \ \ \ ` _ _ \ \ \ \ \ \ WETLANDS \\ \\ \ `,'�\., V V I-2 \ \\ \ ♦ `� \ \ �•� - �, �\ L ♦ `\ \\ ,\ I %� \ \ \ 1 \ �: \ �• ,\ \ \ \ 1 X i.. \ : \ \ \ I I _d \ \ \ \ \ \ 4111 '/ \ TOP OF \\ \ \ \\ \ X PROP. \ STREAM 1 \ \\ \\ \ \I \ ' \\ \�► , \BAN, \ ♦.' \\ \\ \\ ,1 \\ I 1\ \ I f'4 . * ` \ \ \ 1 q \ 30'ICITY OF 1 r \ \ \ 1 DURHAM SANITARY 4�� / C> I \ \ \ \ SEWER EASEMENT 1 I�� �► \\ \ \ \ �'I / / I I l / l ,, � l� �A A\ "� \ \ \\ I l / S° ` � \\ 11 l.X / / fl �• �� �i PROP. j \ \\ �/ // 50' NEUS/ / E RIVER, �0�hQ // \\ jx� \ \ I j I I / RIPAREAN BUFFER /‘/ \// \%ems\ 1 I / ( MEASURED FROM / /\ - •. ,.� • \ L TOP OF BANKI I \ / \ \ 11 j I - -'/ / // / I / • /i ..� r �• 1 11 O II 1 / / / 1 1 / / / / \ / "t I \ ▪ ' 7/ / / 1• I / / / ' I 1 1I \ /1 / / /' �•\• / 1 I ` III I 1 \ Cj // i j I/ 1 l I/ I • / i `� j i I _I / / /;� / / 1 �/ I i 1 I I / - / / , ' ▪ ,/ : P \ / 1 �• T4 1 I / / / / 1 / / / / / j i \ 4\ \\ \ 1 1 III/ I \ 1 I / i // �!/\t \ 1\ `\ % \ >41 \ V \ \ / / / / 11 \ \ .�/ / / / o %� 7 \1 \\ 11 \\ I Iu 1 \ \ , ,/ / '1 r 4� 1� ; ,• \ \ �1 \ 1 1 \ \ \ l L' / / ., I \ i \ \ ' 1\ `-J JI1 \ \ 1 // n_ ir �1 1 \. 1 II\ I I�— CO IMPACT C TOTAL ZONE 1 NEUSE BUFFER 2.466 SF ZONE 2 NEUSE BUFFER 1.402 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT 43 LF / 147 SF WETLAND IMPACT N/A LEGEND STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT WETLANDS TEMP. STREAM IMPACT I1 SCALE IN FEET 320 315 310 305 300 295 290 285 L • X. GRAD E1 • 146.13 LF - 8 " Pv c@ 0.6 8% / /, / O a 1- N w �0 . II Ma a 1 1 N N II II ~z o- zz pV 45 64551. 9" SCALE: H - 1" V - 1" / =20' = 5' 6+00 0 20 40 80 120 160 7+00 8+00 z 0 co 0 z a0 O DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co 1/11/20222:23:10 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact C - Stream.dgn •. -", / r• • - • FLOODWAY • • • 30' CITY OF / URHAM SANITARY WER EASEMENT S� ~' ; - \ ..... 'S PROP. DOGHOUSE MANHOLE IMPACT D TOTAL ZONE 1 NEUSE BUFFER 1.687 SF ZONE 2 NEUSE BUFFER 612 SF STREAM IMPACT (RIP -RAPT N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A • \ ,\ \ `100 YEAR -YEAR -I �- • ��� - --� \ N 0 / ♦ N / m 0 ♦♦� / ,-• N TOP OF STREAM \r^ BANK w 0 EX. 25' SANITARY SEWER EASEMENT --Ss LEGEND 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT WETLANDS 50' NEUSE RIVER RIPAREAN BUFFER (MEASURED FROM TOP OF BANK) SCALE IN FEET 325 320 315 310 0 0 0 0 J 0 x z w o N - 3J- o U CDZ oz O0 cr U _wow AIM • (A0N ao II -o 16 AT fP " STEEL, IERE SP CAS CRO ACED 305 INC, SSI e 4 0 (2, 1.11 00 x M M PIPE G 0' 0.C. MAX.) 0100 WL EL.__ 30949 +/ 1 50.0 LF - •" OIF 0.53 i 300 295 i / / LF Q‘ic / / / / 051' 00 ao 0 wI,- 00 II II 1- 0- zc J \ / CONC. PIERS FOR SUPPORTI AEiIAL STREAM CROSSING (PIERS SPACED a 20' 0.C. NG MA EX. INV = 297.97 PROIS INV IN = 30E.00 290 SCALE: H - 1" V - 1" =20' = 5' 1 +00 0 20 40 80 120 160 1+50 2+00 z 0 co 0 z O DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co 11/11/20222:22:52 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact D - Stream.dgn -- III I CI Imo/ , 1 1 J \ 1 \1 1 \ II \ \ 1 %Q / 1 I I I 1 / I 1• I SO'4 1 \ 1 I 1 \ 1 \ \ 1 - -- tl II l I I 1 1 11 50' NEUSE RIVER / I ` \ 1 \i4 ' / lI / 1 1 I I RIPAREAN BUFFER / \ \ \ \ I I \ ,I SCM #4 // C7 11 / / 1i \ \ \ 1 1 / 1 1 l 1 / ( MEASURED F ROM \ �� \ \ \ I 1 II / / / I l l •I TOP OF BANK l + \ \ \ \\ 1 \\ �V ,�\ l� �, / / l / 1 %l I ,, I �a \ 1 \ \ \ \ 1 / / /1 / , /• / , /i �'I j \. \\ \ \ \ \ \ I \ 11� 1 l / /� l 0'1 / 11 f , / 1 \ \I \\ \\ / •/ / / / i 1z . \ \ \ I 1 1 / 1 / / / 1 7!I'4: 1i '� 'i �V/l �'� I � � � ,, I 1 � t>, .�� �'1 '1`, •oo��^\, '1 v I/ /I114T::]:Nv• 1/,/;,,/// •I/ / I ////3Q 1 Jam,\\ \IItl1V1\F--_�I ���1 �' ,' ,' 1, ZO 1°4 ' 1 \, , \ `\ \ �I� 3Q' ' PROP. 30' CITY OF ^\ '7 `` J' /� �� l�(� Z�'� i i- l `� \\ . 1 DURHAM SANITARY II _?y(�/ /� '4O //y , l N\ ` II ,'�I SEWER EASEMENT 7' I _ •� / \ /' /:• / 1/ ,A� , \\ i i•\ \ �, h . ' ' Gi I 7'�(� 1 k 1 //1t1 `1 \ I \ J r' i' '� .O 1. ZONE I \?Q%��\ •� " /-� ii • 2 71, I. CD �' /' k ��°•�'�� I ‘ \\ i ONE 2 l .' 1 — — —I ` � � - ' • � � IMPAOO E \I�' '��i'ti� / _--> II 1 / 100 YEAR FL00DPLAIN \ \\_--- '\ /'- i_ I/ r __��-----►----'/ / ice, \ I ar 1-------- �� ( �//' i- a1 i a IMPACT E TOTAL ZONE 1 NEUSE BUFFER 627 SF ZONE 2 NEUSE BUFFER 390 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A LEGEND STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT WETLANDS PROP. 50' OREENWAY EASEMENT SCALE IN FEET 0 20 40 80 120 160 IMPACT F TOTAL ZONE 1 NEUSE BUFFER 630 SF ZONE 2 NEUSE BUFFER 421 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A co 0 z 0 DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD z C. c ruju o LJJ N o 0iNa z :14° W tCW• EIGT z J°J_O x X HJx— zJa°z2 � z N W T. J J OO ▪ U oa[ Z co 11/11/20222:22:29 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact E and F - Buffer.dgn /` I I 1 '.� 1 / / I 1 I ' 11II �\ \ '�N 1 / 1♦.1 / / / 1 ���1 1 1\ \\ `, \ \\\\\ii't`\1� \ill ) / �;E,ZO t •--I is/I■ I. \ \ \ \ \ \ \ \ \ , \ \ \ \ ✓ �j0 \ \•1',, • \ / I/ X \ \\ \ \ \ \\ 1\ \ \ \\ `\ o • \ \ 1 N`� 1 �\ \\ \ \\ \ �k �)C� \ \ \\ \\ \ \ •\,\\ \\\\ ��?�C'� \TOP OF` �\ \ 11 I \I \\ \ \ \ \ \\ \�' \ \ A,\ ti\ STREAM / d \\ \ 1 ,\ 0�.:\ \ \\: \ ` \\ \\ \ \\ 1 I /�♦; i,LO `L�\�,\\BANK ;`T, \ \ \\\\ \\ \ `\ I / 1 / r�I .A i' 50' NEUSE R I VER II / 1, \ ) 1 / / / RIPAREAN BUFFER II / / / / / 1 \�I ( MEASURED FROM, I / /1 / / / / 1 ' 1 ;TOP OF hBANK 1 l /1/ // / 1/ /1 A I i IA5u \ / / / / 1 ( k, �r ` / / / 1 A` \• \\cam c\ ( PROP. RETAINING WALL , \ ,..� �` . , -2- ''' 0--• ---r: -,... , ,. `. `,PROP • 8" DIP `\ WATERLINE \ N. . \ \ \-CONC.\\ \\ `SIDEWALK `\ \ +\ \ i 1 III n \\ \A \L1 �� , ' I� ``.,.` �I` ' PROP. RETAINING WALL\ 1 \ \(,- \ v\ V \ \ \ \ \ \ ` 1 30'L x 8'W x 22" DEEP �� CLASS 1 RIP -RAP \ \\ \\\ 1/li , \\ 1 , / ' ` �\ \,♦, \\ \\ \\ \\ `.\- 1 1 \ `� \ ♦• \ \ \ \\ \\\ PROP. 1 TWIN \ \\\ \\ `\ ''♦, \\ \\ ��\ 48 RCP's 7 \ \ \`�\\\`\ \N \\ �. \\� \ \ \ \\ I 1 \ �\ \\ \\ �\ \ c \\ \ \ \• \ \ \ X1�1 \ �\ \ �\ \�� I �, ♦ \ \ \ \ \ \ ♦\ PROP. 8" PVC \ \ \f \'. \ \ \ .; \,$AN. SEWER \ \ ▪ \ ♦cr\ ♦ \ \ IMPACT G TOTAL ZONE 1 NEUSE BUFFER 7.805 SF ZONE 2 NEUSE BUFFER 4.655 SF STREAM IMPACT (RIP -RAP) 30 LF / 210 SF STREAM IMPACT (CULVERT) 99 LF / 797 SF TOTAL STREAM IMPACT 129 LF / 1.007 SF TEMP. STREAM IMPACT 24 LF / 192 SF WETLAND I IPAC T N/A SCALE IN FEET LEGEND STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT TEMP. STREAM IMPACT 1 RIP -RAP WETLANDS 0 20 40 80 120 160 350 345 340 335 330 325 320 NV 315 ETAIN WALL IN = 32 ING 0.10 PROP. GRADE J 00 LF CP @ 1. X. GRADE RETAININ WALL 00% 'MEP MI In V OUT = 319.20 1+00 1+50 NOTE: CULVERT INVERTS SHALL BE INSTALLED 20% OF PIPE DIAMETER BELOW EXISTING STREAM INVERT. 2+00 SCALE: H - 1" = 20' V - 1" = 5' co 0 Z O DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co 11/11/20222:22:09 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact G - Stream.dgn 1 /' .1/ / / / / / / I / / / / / / / / / / > %' I T\ / 7 / f ( ( / , I / /• 1 1 1 1 1 1 1 f// / / / / / / / \ i / i I I I I I� I G, / • i ' I I I 1 1 I1 1 1 1 1 %% not' i/ I ,� / / / •• J 1 I 1 1 1 1 1 1 I,% 2 i i 1 1 I 1 1�11 1 11 1 I I I / /• / .• ' / '�'Y / \ • / / ! / ! I % ! ! \ 1 I I I 1 I I I I I 1 I I I I I I1 WETLANDS / / 1 I I I I 11 1 1\ ' • 1 1 I II 1 / 1 1 / 1\ \ 1 1 / / TIOP 0�1I 1 i \ III I •\ \ - / \ STREAM\: I 1 / / / I* 1 18 NK ' \!MPACT!H • ' \- i / \ \ : ( / / \ \\ \ '�/ / J 's? ,) \\ \ \ % 1 � �� 1' 1 1 '♦ \ \ _1 .•1 \ \ \ L 1 I♦ 1 I ♦♦ . ' i ,/�' \ �'11* `\ \\ \\ `�, \ PROP. 50' GREENWAY EASEMENT `L•♦ / i \ \ \ l \ '' L • i/ / •• 50' NEUSE RIVER " • I RIPAREAN BUFFER \ �100 YEAR FL00DPL'AIN (MEASURED FROM ♦ TOP OF♦•BANK ) PROP. 30' CITY OF '•♦ • DURHAM SANITARY ''• • . SEWER EASEMENT ♦ IMPACT H TOTAL ZONE 1 NEUSE BUFFER 636 SF ZONE 2 NEUSE BUFFER 419 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A LEGEND STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT WETLANDS SCALE IN FEET WD-4 ,x, ,\\ \. ` \\ \ \ 50' NEUSE RIVER\ + \ - ` ` •RIPAREAN BUFFER \ \ \\ ,, \ \\ \`N\ \(MEASURED FROM ` \ TOP OF BANK) \ ,`\ \ �\ \ `J \ \` ' \ \•' '.\ \ \ o \ '\ \/+ \ I I / / \`N `\ \•\ � \ A \ \ + i1 / / ��.`. tip... \ � �C\4a \ • `, Na„ \ 1 \ \ \ \ \ ' - \ \\\•\ \ \ ♦\ \ \ \ \\ \ \ 1' \\ \\ \ \I _/ 1 11 II i \ \ 11 1 I 1I\I \ \ \ \1 I I ` 1 1 1 \ +, \ \ \ I I 1 I Il I\\1\\ )'I \I / 1 1 1 / / / / / I \\ \\•\\ \\\\\\\\ \\`\\\\\'�\\\ \ \\\\\\\``\\ \` �x \\\\\\\\\\\\\\ \\. \ \\ \\\\�\\\\\\\\ \ \\\\\\\\\ .\\\\ , \\\\\ \ 0 20 40 80 120 160 \ • \ -r „ / \_- \ IMPACT I TOTAL ZONE 1 NEUSE BUFFER 66 SF ZONE 2 NEUSE BUFFER 457 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A 4 O J O CC _ Z Z � z D3. Q fA CO Ucncc 2O cc LL > U ZCC co 0 z 0 DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co 11/11/20222:21:49 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact H and I - Buffer.dgn --.-- 1 I I / I /' I / / / / / Qs / / Ii---/ I I --- / / - -- / �T {/ / /// // 50' NEUSE RIVER *�., // RIPAREAN BUFFER •G (MEASURED FROM / �• TOP OF BANK)... / ill Lu I / \\ -- •. N , EX. 25' SANITARY- \--� \ EX. MANHOLE �, ��`-� SSA \ - SS 100 YEAR FL00DPLAIN .✓ //\ /- • //•` - / '•\ /,...i 1 ♦ 30' CITY OF / DURHAM SANITARY SEWER EASEMENT\ x_.--- .—•TOP OF � •�� I��, ,' STREAM •,•L, , , \ / BANK •�. \\ / / 0 \40♦• ,RFgM SSA \ ,��``\\\ �\\` F=w �\ -- SEWER EASEMENT 30' / IMPACT J TOTAL ZONE 1 NEUSE BUFFER 1.020 SF ZONE 2 NEUSE BUFFER 614 SF STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT N/A LEGEND • STREAM IMPACT 2 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT WETLANDS SCALE IN FEET 325 320 315 310 305 0 a -'6" STEEL CASING PIPE AT STREAM CROSSING,. (PIERS SPACED @ 40 0.C. MAX.) Q100 WL EL 311.2 +7 Jdr 240.00 LF - 8" e 0-50%— DIP II ♦ NIM ■ H 1 300 295 / / / I/ II EXIS-ING (RADE CONC. PIERS FOR SUPPORTING AERIAL STREAM CROSSING (PIERS SPACED a 20' 0.C. MAX.) CX. INV IN = 301.15 EX. INV OUT = 301.02 PROF. INV N = 310 .00 (OUTSIDE DROP) 290 SCALE: H - 1 " = 20' V - 1" = 5' 1 +00 0 20 40 80 120 160 1+50 2+00 co 6 z 0 DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co 11/11/20222:21:31 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact J - Stream.dgn --:, 355 / /1` / \ / / . / \\ . Y / \\\; / / / / / / �,, \\ / ,i / / / / / , / / 1 / // / / !/, / / / / I / 1 / / // / /1 // , // / 1 / /1 / / / / / // / //r /// / // / 1 '/ //// // I // / / ,3 , / ,, / / / / I J /I/ / 1, /, /, // / / / / / 1 / // , // ,I / / , /I / ' / / / / IF_ E-4111111111111111111411116 — / I / 1/ J / / y/ .1 / / I ' p/ / / _ / / / / / / / �/ / / / // / / / • j,/ / / J / / / / / / // ' / / / / I/ / / / /; f // / // // I / / -///'--/ --Y Y / , / b l l l / / / / / / / / / / / / 1� / / i / / / // I / / / 4 l i I I I 1 1 / /' // / I / // / / 1 1 1 1 1 ►J / / ; / /'/ '' '' /' / 1 1 / ;' / / / / / / // I / // / / / / 1 / / 1 I 1 / / / / ! / / / / 1 1 1 / // / / I / I / 1 / / / / /j—/ / ,4 / / / / / / // //�///j '/j/// / / / / ////r/// / / / / / / / /�6cY // / / /1, / / / / I/ /,// / /// / / /r�_ ,-/-71_ _/-7-7-7r/ /// / / / A• / / / / / / / / / '` il7E ` // /' /) // / // / / / / �� / / / / / / / / / / / / / / / / / / / / / / 7 �10 VE / / / / / / / // / / // / / 1 / / — — �— — / / // // /-1- / / / I/ // / / / / / \ -r / / / / 1 / l / / / / / / // /1 / / / / / . / / / / / 1 11/11/20222:21:12 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIV L*04 Construction*Impact Maps*Impact K - Wetland.dgn IMPACT K TOTAL ZONE 1 NEUSE BUFFER N/A ZONE 2 NEUSE BUFFER N/A STREAM IMPACT (RIP -RAP) N/A STREAM IMPACT (CULVERT) N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT 3.246 SF / 0.07 AC LEGEND STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT WETLAND IMPACT SCALE IN FEET 80 120 160 / / / / / / / / / / / // / / / ' ..../ / / / / / / / / / / / / / / / / / \ \ 'tll ; 00, \ /" / \/ /� 1 1 / I // . \ \ : \ :.•r. ______ ___, // , / iI' ,/ // // // ,/ / ///////// /'/ \• \\ \ 1, I \ /��i� '�ia� IMPACT F TOTAL ZONE 1 NEUSE BUFFER N/A ZONE 2 NEUSE BUFFER N/A STREAM IMPACT (RIP-RAP1 N/A STREAM IMPACT (CULVERT] N/A TOTAL STREAM IMPACT N/A TEMP. STREAM IMPACT N/A WETLAND IMPACT 318 SF / 0.01 AC LEGEND STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT WETLAND IMPACT SCALE IN FEET v co 0 Z CO O DATE 10-180-22 DRAWN BY J.JONES APPROVED BY OLD Z co 0 20 40 80 120 160 11/11/20222:20:56 PM PLOT BY:jeremy R:*2018*18249 - Arvin Road Assemblage*CIVIL*04 Construction*Impact Maps*Impact L - Wetland.dgn U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00212 County: Durham County U.S.G.S. Quad: Northeast Durham NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Sa2e Ecological Services, Inc Sean Clark 3707 Swift Drive Raleigh, North Carolina 27606 (919) 559-1537 22.3 (approximate) Chunky Pipe Creek 03020201 Nearest Town Durham River Basin Neuse Coordinates Latitude: 36.009265 Longitude: -78.82740 Location description: The property is located approximately 500 feet West -Southwest of the Cheek Road, Benbow Drive intersection in Durham, Durham County, North Carolina (see attached map). Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2020-00212 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(ausace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: Site visit conducted by USACE on May 26, 2020 E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 SAW-2020-00212 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by: Not Applicable. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Date: 2020.06.04 ��`�`' ��7� 13:48:41-04'00' Corps Regulatory Official: Date: June 4.2020 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Note: Streams depicted herein may be subject to the NC State Riparian Buffer Rules trffiTfinigle btoTTROMfiibilblag9 M230C2tit31.921 (7O,MniVii2DIDD R,TIT:OTZLISEA Crt23DCAMO 0520.k.Off....ngs CEJ2±1104P G2:22ffinaMMITIMCI (?},-4rid'EnQ21 024:•43M4 NOTE: Location, shape, and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. OSSCLgo.JO'rrn Map Location CASWELL PERSON ORANGE CHATHAM • DURHAM VANCE GRANVILLE —FRANKLIN Preliminary Jursdictional Determination Stream and Wetland Sketch Map Parrish Property Sage Project # 2018.91 May 28, 2020 Map Information: Date Prepared: May 28, 2020 Preparer: P. Beach Data Source/Date: Stream and Wetland Assessment Field Data December 18, 2019; USACE site verification meeting May 26, 2020. Equipment: Trimble - Handheld GPS Notes: Post Processing to Submeter Figure 3 SAGE ECOLOGICAL SERVICES WAKE 0 75 150 Feet Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 SAW-2020-00212 PROCESS AND NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: Sean Clark Sage Ecological Services, Inc File Number: SAW-2020-00212 Date: June 4, 2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D 7 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional Corps I - The following identifies your rights and options regarding an administrative information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx appeal of the above decision. or regulations at 33 CFR Part 331. A: • • INITIAL PROFFERED PERMIT: You may accept ACCEPT: If you received a Standard Permit, you may sign authorization. If you received a Letter of Permission (LOP), or object to the permit. the permit document and return you may accept the LOP and your you accept the permit in its entirety, determinations associated it to the district engineer for final work is authorized. Your signature and waive all rights to appeal the with the permit. therein, you may request that the to the district engineer. Your or you will forfeit your right to appeal and may: (a) modify the or (c) not modify the permit objections, the district engineer on the Standard Permit or acceptance of the LOP means that permit, including its terms and conditions, and approved jurisdictional OBJECT: If you object to the permit (Standard or LOP) permit be modified accordingly. You must complete Section objections must be received by the district engineer within the permit in the future. Upon receipt of your letter, the district permit to address all of your concerns, (b) modify the permit having determined that the permit should be issued as previously will send you a proffered permit for your reconsideration, because of certain terms and conditions II of this form and return the form 60 days of the date of this notice, engineer will evaluate your objections to address some of your objections, written. After evaluating your as indicated in Section B below. B: • • PROFFERED PERMIT: You may accept or appeal ACCEPT: If you received a Standard Permit, you may sign authorization. If you received a Letter of Permission (LOP), the permit the permit document and return you may accept the LOP and your you accept the permit in its entirety, determinations associated it to the district engineer for final work is authorized. Your signature and waive all rights to appeal the with the permit. terms and conditions therein, you by completing Section II of this form within 60 days of the date of on the Standard Permit or acceptance of the LOP means that permit, including its terms and conditions, and approved jurisdictional APPEAL: If you choose to decline the proffered permit may appeal the declined permit under the Corps of Engineers (Standard or LOP) because of certain Administrative Appeal Process and sending the form to the division engineer. This form must be received by the division engineer this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Appeal Process by completing Section II of this form and sending the form to the division engineer. This the division engineer within 60 days of the date of this notice. approved JD or 60 days of the date of JD. Engineers Administrative form must be received by SAW-2020-00212 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. ■ 1 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding also contact: Mr. Philip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: June 4, 2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Sage Ecological Services, Inc. Attn: Sean Clark 3707 Swift Drive Raleigh, NC 27606 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington; Parrish Property/3132 Cheek Road; SAW-2020-00212 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: App. 500-feet WSW of the intersection of Cheek Road and Benbow Drive, in Durham, Durham County, North Carolina. E. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Durham County City: Durham Center coordinates of site (lat/long in degree decimal format): Lat.: 36.010096°N, 78.827061°W Universal Transverse Mercator: Zone 17S 695831 3987252 Name of nearest waterbody: Chunky Pipe Creek F. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: June 4, 2020 M Field Determination. Date(s): May 26, 2020 TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland WAE 36.007877° N 78.826892° W 0.015 acre Wetland Section 404 Wetland WD 36.009433° N 78.828232° W 0.091 acre Wetland Section 404 Wetland WE 36.007928° N 78.826174° W 0.235 acre Wetland Section 404 Tributary D 36.008415° N 78.828844° W 87 LF Non -Wetland Section 404 Tributary E 36.007907° N 78.826099° W 172 LF Non -Wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD fmds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Wetland Stream Sketch Map, prepared by Sage, dated January 22, 2020 (Updated May 28, 2020) ; 28 January 2020 Wetland delineation report ® Data sheets prepared/submitted by or on behalf of the PJD requestor. [ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U. S. Geological Survey map(s). Cite scale & quad name- 1-24,000 NE Durham, NC Quadrangle ® Natural Resources Conservation Service Soil Survey. Citation: Durham County Soil Survey (Sheet #22) ▪ National wetlands inventory map(s). Cite name ▪ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): NC OneMap 2015 or ®Other (Name & Date): Site photos dated December 18, 2019 ❑ Previous determination(s). File no. and date of response letter. M Other information (please specify): 26 May 2020 USACE site visit IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Date: ,444 G(241 L 2020.06.04 13:38:57-04'00' Signature and date of Regulatory staff member completing PJD May 28, 2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Durham Arvin Associates 4810 Bluestone Drive Durham, NC 27612 NORTH CAROLINA Environmental Quality November 5, 2019 Subject: Buffer Determination Letter RRO #19-323 Determination date: 09/25/2019 Staff: Brion Byers Durham County Determination Type: Buffer Intermittent/Perennial Neuse (15A NCAC 2B .0233) EJ Tar -Pamlico (15A NCAC 2B .0259) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) ® Intermittent/Perennial Determination (where local buffer ordinances apply) Project Name: Address/Location: Stream(s): Arvin Road Assemblage 801 Arvin Road, Durham NC Chunky Pipe Creek Feature E/I,PO) Not Subject(2) Subject Start@ Stop@ Soil Survey USGS Topo Feature A P X Throughout X X Feature B E X Off Property Feature A X Feature C E X Off Property Feature A X Feature D I X Off Property Flag WD431 (N36.00645°, W78.828350°) X X I X Dam (N36.00602°, W78.827698) Flag SD10 (N36.00419°, W78.82802°) X X P X Flag SD 10 (N36.00419°, W78.82802°) Feature A X X Feature E I X Off Property Flag WD416 (N36.006676°, W78.827622°) X X NORTH CAROLINA D Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 Buffer Determination Letter RRO #19-323 Arvin Road Assemblage November 5, 2019 Page 2 of 3 Feature E/UP(1) Not Subject(2) Subject Start@ Stop@ Soil Survey USGS Topo Feature F I X Flag SF01 (N36.004543°, W78.825060°) Flag SF02 (N36.004223°, W78.824830°) X Flag SF03 (N36.003928°, W78.824584°) Feature G Feature G I X Flag SG01 (N36.005896°, W78.823359°) Flag SGO2 (N36.005516°, W78.823447°) SGO4 (N36.004940°, W78.823962°) Flag SGO6 (N36.003352°, W78.824435°) Feature A X Flag SGO3 (N36.005216°, W78.823715°) Flag SGA01 (N36.004525°, W78.824115°) Flag SGO7 (N36.002620°, W78.824568°) Feature H E X Throu hout Feature I I X (N36.002909°, W78.820515°) Feature A X Feature J N/A Off Property Not Assessed X Feature K N/A Not Present X Feature L P X Off Property Feature A X Feature M I X Off Property Flag SM01 (N36.002667°, W78.826699° X SMO2 (N36.002881°, W78.826662°) Feature A Feature N N/A Off Property Not Assessed X Feature 0 N/A Off Property Not Assessed X Feature P P X Off Property Feature A (Not Shown on NRCS Soils Map or USGS Topographic Map) Pond 1 N/A Not Present X (1) E=Ephemeral, I=Intermittent, P=Perennial, NP=Not Present, NA=Not applicable (2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts may still be subject to applicable water quality standards and permitting requirements. Explanation: The features(s) listed above has been located on the most recent published NRCS Soil Survey of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature 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 features 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 NOHTH CaROUNAD_E Departinent of EnrironnwolN Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 Buffer Determination Letter RRO #19-323 Arvin Road Assemblage November5, 2019 Page 3 of 3 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. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, 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 Brion Byers at (919) 791-4237, or by email at brion.byers@ncdenr.gov. Sincerely, S. Jay(Zim erman, P.G., Chief Water Qua ity Regional Operations Division of Water Resources cc: RRO DWR File Copy Sean Clark, Sage Ecological Services, Inc., sent via email (sclark@sageecological.com) NOHD_E Department of NMronmmtsl Mallly North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 Arvin Road Assemblage Durham County, NC-DWR Project # 19-323 USGS Topographical Map Northeast Quadrangle Legend: -Approx. Project boundary INN :: Locations are approximate and are provided for refer- ence only :: t DocuSign Envelope ID: 56AB1696-E4D9-448F-8A50-1 B474406564C ROY COOPER Governor ELIZABETH S. BISER Secretory S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality February 22nd, 2022 Sean Clark, Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606 Subject: Buffer Determination Letter NBRRO #21-463 Durham County Determination Type: Buffer Intermittent/Perennial r Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Jordan (15A NCAC 2B .0267) (govemmental and/or interjurisdictional projects) ►� Intermittent/Perennial Determination (where local buffer ordinances apply) Project Name: Address/Location: Stream(s): Off Site Arvin Site Feature J 708 Avalon Rd., Durham NC Chunky Pipe Creek Determination Date: 2/21/2022 Staff: Josh Bri¢ham Stream Feature EXPO) Not Subject Subject Start@ Stop@ Soil Survey USGS Topo J I X Flag SJO1 at approximately 36.004318, -78.819223 w/in 50' of project boundary X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NE = Not Evaluated (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale. Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer rules. There may be other streams located on the property that do not show up on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and 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 North Carolina Department of Environmental Quality ( Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 56AB1696-E4D9-448F-8A50-1B474406564C Off Site Arvin Site Feature J Durham County 2/22/2022 Page 2 of 2 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. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, 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 Josh Brigham at (919) 791-4251. Sincerely, cDocuslgned by: g BCDA9D625D4A460... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office, Division of Water Resources, NCDEQ cc: RRO DWR File Copy Laserfiche Consultant via email, Sean Clark, Sage Ecological Services, sclarkna sageecological.com North Carolina Department of Environmental Quality I Division of Water Resources 1 Raleigh Regional office 3800 Barrett Drive 11628 Mail Service Center 1 Raleigh, North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID: 56AB1696-E4D9-448F-8A50-1 B474406564C Off Site Arvin Site Feature J Durham County, NC-DWR Project # 21-463 NRCS Soil Survey Sheet 22 Durham Co., NC 1976 Legend: -project boundary Base map provided by Sage Ecological :: Locations are approximate and are provided for refer- ence only :: r DocuSign Envelope ID: 56AB1696-E4D9-448F-8A50-16474406564C Off Site Arvin Site Feature J Durham County, NC-DWR Project # 21-463 USGS Topographical Map NE Durham Quadrangle 2019 Legend: -Project boundary Base map provided by Sage Ecological :: Locations are approximate and are provided for refer- ence only :: DocuSign Envelope ID: E62FEC9F-B89F-458A-8F38-E47D0496E009 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Laverne B. Parrish 3132 Cheek Road P.O. Box 15088 Durham, NC 27704 NORTH CAROLINA Environmental Quality February 22nd, 2022 Subject: Buffer Determination Letter NBRRO #22-012 Durham County Determination Type: Buffer Intermittent/Perennial Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) ® Intermittent/Perennial Determination (where local buffer ordinances apply) Project Name: Address/Location: Stream(s): Arvin Road Assemblage 3132 Cheek Road, Durham, NC Chunky Pipe Creek Determination Date: 2/21/2022 Staff: Josh Bri Stream Feature E//P(t) Not Subject(2) Subject Start@ Stop@ Soil Survey USGS Topo D I X Flag SDO1 at approximately 36.008321, -78.828964 Off project boundary X E I X Flag SE01 at approximately 36.007660, -78.826455 Off project boundary X X F I X Subject w/in 50' of project boundary X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NE = Not Evaluated (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale. North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh. North Carolina 27609 919.791.4200 DocuSign Envelope ID: E62FEC9F-B89F-458A-8F38-E47D0496E009 Arvin Road Assemblage Durham County 2/22/2022 Page 2 of 2 Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer rules. There may be other streams located on the property that do not show up on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and 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. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, 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 Josh Brigham at (919) 791-4251. Sincerely, CSWeakened by: e stt 444a, BCDA9D825D4A48D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office, Division of Water Resources, NCDEQ cc: RRO DWR File Copy Laserfiche Consultant via email, Sean Clark, Sage Ecological Services, sclarkasageecolouical.com Q 4owmldFnmvowtY Omury� North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID: E62FEC9F-B89F-458A-8F38-E47D0496E009 Arvin Road Assemblage Durham County, NC-DWR Project # 22-012 NRCS Soil Survey Sheet 22 Durham Co., NC 1976 Legend: -project boundary Base map provided by Sage Ecological :: Locations are approximate and are provided for refer- ence only :: r DocuSign Envelope ID: E62FEC9F-B89F-458A-8F38-E47D0496E009 Arvin Road Assemblage Durham County, NC-DWR Project # 22-012 USGS Topographical Map NE Durham Quadrangle 2019 Legend: -Project boundary Base map provided by Sage Ecological :: Locations are approximate and are provided for refer- ence only :: Arvin Road Assemblage Durham County, NC-DWR Project # 19-323 NRCS Soil Survey Durham Co., NC Sheet 22, 1976 Legend: -Approx. project boundary :: Locations are approximate and are provided for refer- ence only :: a ROY COOPER. Governor ELIZABETH S. BISER Secretory MARC RECKTENWALD Director David Goracke KL Arvin LLC 9121 Anson Way, Ste. 200 Raleigh, NC 27612 NORTH CAROLINA Environmental Quality November 29, 2022 Expiration of Acceptance: 5/29/2023 Project: Arvin Subdivision County: Durham The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Neuse 03020201 Riparian Wetland 0.34 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Nicole Thomson, agent DeJa't. Ie:l: n1 (11,-101,11..131 QUA iv Sincerely, FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 From: Nikki Thomson To: 401 PreFi le Cc: Sean Clark Subject: Notice of Intent to File a permit application, Arvin Road Assemblage, Durham County, Sage Project No. 2018.91) Date: Wednesday, June 1, 2022 11:03:00 PM To whom it may concern: This email serves to notify DWR of the intent of Sage Ecological to file a Permit Application for the Arvin Road Assemblage project in Durham County. Thank you, Nikki Nicole Thomson, PWS Sage Ecological Services, Inc. nthomson@sageecological.com (919) 754-7806