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HomeMy WebLinkAbout20230361 Ver 1_ePCN Application_20230308I I 1 1 . 1 DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process? * Yes No Is this project a public transportation project?* Yes No Change only If needed. Pre -Filing Meeting Date Request was submitted on: 3/8/2023 BIMS # Assigned * Version#* 20230361 1 Is a payment required for this project? * No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Zachary Thomas:zachary.thomas©ncdenr.gov Information for Initial Review la. Name of project: COURTESY COPY Aura Blue Hill Apartments la. Who is the Primary Contact?* Justin Brown Reviewing Office* Raleigh Regional Office - (919) 791-4200 1b. Primary Contact Email: * lc. Primary Contact Phone: * JBrown@trinsicres.com (919)417-3051 Date Submitted 3/8/2023 Nearest Body of Water Little Creek Basin Cape Fear Water Classification P Site Coordinates Latitude: 35.934923 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Orange Is this a NCDMS Project Yes No Longitude: -79.022764 Is this project a public transportation project?* Yes No 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 1b. 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: 03 - Maintenance 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: If. 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 lh. 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 1d. 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: MFN LLC 2b. Deed book and page no.: 4937/53 and 5016/542 2c. Contact Person: Mark Vitali 2d. Address Street Address 101 Ephesus Church Road Address Line 2 City Chapel Hill Postal / Zip Code 27517 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)933-4000 2g. Email Address:* vitalimark@gmail.com 2a. Name(s) on recorded deed: Chad Guise 2b. Deed book and page no.: 6614/999 2c. Contact Person: Chad Guise 2d. Address Street Address 1 Bypass Lane Address Line 2 City Chapel Lane Postal / Zip Code 27517 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (919)274-0502 2g. Email Address:* cdguise@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Justin Brown 3b. Business Name: Trinsic Residential Group 3c. Address Street Address 322 East Chapel Hill Street Address Line 2 City Durham Postal / Zip Code 27701 3d. Telephone Number: (919)417-3051 3f. Email Address: * JBrown@trinsicres.com 4. Agent/Consultant (if applicable) 4a. Name: Michelle Measday 4b. Business Name: ECS Southeast LLP 4c. Address Street Address 5260 Greens Dairy Road Address Line 2 City Raleigh Postal / Zip Code 27616 4d. Telephone Number: (919)441-2437 4f. Email Address: * MMeasday@ecslimited.com State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Chapel Hill 2. Project Identification 2a. Property Identification Number: 9799-34-3950 2b. Property size: 1.07 2c. Project Address Street Address 101 Ephesus Church Road/SEE SUPPLEMENTAL TABLE IN APPENDIX II IN PERMIT REPORT FOR ADD'L PARCELS Address Line 2 City Chapel Hill Postal / Zip Code 27517 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Little Creek 3b. Water Resources Classification of nearest receiving water:* P 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020603 4. Project Description and History State / Province / Region NC Country USA 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 presently consists of three (3) parcels containing Chapel Hill Baptist Church, a private residence, and a commercial building containing multiple tenants. Additionally, the church and commercial building properties both include asphalt parking areas and associated improvements. The site is relatively flat sloping east to west. The existing landscaping/vegetation on the site is limited to parking lot trees, trees along a portion of the ditch channel to the north, and trees on the southeast edge of the project site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 50 4h. Explain the purpose of the proposed project: * Construction of a mixed -use building that includes residential and commercial space. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Aura Blue Hill is a six (6) story mixed -use project that consists of two (2) separate mixed -use buildings and a seven (7) tier parking garage. The parking garage is wrapped with units on the Legion Road Extension side to conceal it from public view and the other building is connected to the garage via an open-air pedestrian bridge. Both mixed -use buildings step down from six (6) to four (4) stories with rooftop terraces overlooking courtyards within each building. The proposal consists of approximately 272 total residential units and 23,195 sf of commercial space. Appropriate erosion control measures will be used while the site is prepared and leveled to the desired building elevation. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: No O Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-02018 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Pilot Environmental, Inc. 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 10/20/2021 6. Future Project Plans 6a. Is this a phased project? * Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction Buffers 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: Impacts to regulated features have been avoided with this project. See Section 2.0, page 2 in the permit report. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Appropriate construction techniques will be used, and erosion control measures will be implemented to minimize siltation, sedimentation, and other impacts. Efforts will be made before, during, and after construction to minimize the extent and duration of project -related disturbances to downstream water resources. The construction techniques shall be conducted in accordance with North Carolina Department of Environment and Natural Resources standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a maintenance project with no impacts to Waters of the US. Therefore, no mitigation is proposed. 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 If no, explain why: See Stream Determination in Appendix V of the permit report. Streams located within the PSA are not mapped on the USGS Topographic Map or published soil survey map. 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 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Chapel Hill Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? * Yes No 3b. If you answered "no," provide a short narrative description. The project is a stand along and complete project. 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. Chapel Hill and Orange Count Public Utilities. 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 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC and NC NHP 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? * NOAA Essential Fish Habitat Mapper 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? * NC HPO Web Mapper. 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 MSC Mapping and development plans. Miscellaneous O 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 49-19394 - Aura Blue Hill - 404-401 Wetland Permitting.pdf Preliminary_Data_Entry_Fields_New_Actions.pdf File must be PDF or KMZ 36.31 MB 184.32KB Comments No impacts are proposed to regulated features and this applications seeks to confirm for the Town of Chapel Hill that no permit is required. The work proposed includes installing a span over a jurisdictional water with no impacts to the streambed and in -kind replacement of an existing pipe (Appendix III). The activities fall under a Nationwide Permit #3 for maintenance and meets the conditions of that permit. Signature O 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: Michelle Measday Signature 1lekepR ry Date 3/8/2023 r .,c:.Nalil�,c<zyialt AURA BLUE HILL SITE 1289 FORDHAM BOULEVARD CHAPEL HILL, NORTH CAROLINA 27517 ECS PROJECT NO. 49:19394 SAW-2021-02018 MARCH 9, 2023 C E5 ECS Southeast, LLP Geotechnical • Construction Materials • Environmental • Facilities U.S. Army Corps of Engineers Wilmington District Raleigh Field Office 3331 Heritage Trade Drive Wake Forest, North Carolina 27587 "One Firm. One Mission." March 9, 2023 ECS Project No. 49:19394 Reference: Pre -Construction Notification Application (NWP #3), Aura Blue Hill Site, 1289 Fordham Boulevard, Chapel Hill, Orange County North Carolina To Whom It May Concern: Please find a copy of the Pre -Construction Notification Application for a Nationwide Permit (NWP) 3 for Aura Blue Hill Site (SAW-2021-02018) located at 1289 Fordham Boulevard in Chapel Hill, Orange County, North Carolina. If you have any questions, please contact Michelle Measday, CFM, PWS at 919-861-9910 or MMeasday@ecslimited.com. Sincerely, ECS Southeast, LLP Signature for Michelle Measday, CFM, PWS Michelle Measday, CFM, PWS Environmental Senior Project Manager MMeasday@ecslimited.com 919-861-9910 Signature for Brandon Fulton, LSS, PSC, PWS Brandon Fulton, LSS, PSC, PWS Environmental Principal BFulton@ecslimited.com 704-525-5152 5260 Greens Dairy Road, Raleigh, North Carolina 27616 • T: 919-861-9910 • F: 919-861-9911 • ecslimited.com NC Engineering No. F-1078 • NC Geology No. C-553 • SC Engineering No. 3239 March • ECS Southeast, LLP 1.0 INTRODUCTION The site consists of an approximate 2.81 acre tract located at 1289 Fordham Boulevard, Chapel Hill, Orange County, North Carolina (35.934164,-79.022397) (Appendix I, Figure 1). According to the Orange County Geographic Information System (GIS) website, the Parcel Identification Numbers (PINS) are: 9799-34-3950, 9799-34-0759 and 9799-34-0588 2.81 (Appendix II). The site currently consists of religious, commercial and single-family residencial uses. No impacts are proposed to regulated features and this applications seeks to confirm for the Town of Chapel Hill that no permit is required. The work proposed includes installing a span over a jurisdictional water with no impacts to the streambed and in -kind replacement of an existing pipe (Appendix III). The activities fall under a Nationwide Permit #3 for maintenance and meets the conditions of that permit. ECS Project # 49:19394 Page 1 C March • ECS Southeast, LLP 2.0 PROJECT PURPOSE & NEED The Aura Blue Hill site is a 2.76-acre (+/-) site located within the Blue Hill Form District (formerly Ephesus/Fordham Form District). The site is currently accessed via the Bypass Lane off Fordham Boulevard to the west and Ephesus Church Road to the east. The Aura Blue Hill proposal is located south of the Millennium Chapel Hill Apartments project and just north of the Park Apartments that are currently under construction. The site was chosen for redevelopment at a location zoned for apartments in close proximity to road access. Redevelopment avoids impacts to natural resources. Current housing stock within Chapel Hill is not meeting the need within the area. The Town of Chapel Hill is focusing on multi -family housing within good walkable neighborhoods to address the need. The site presently consists of three (3) parcels containing Chapel Hill Baptist Church, a private residence, and a commercial building containing multiple tenants. Additionally, the church and commercial building properties both include asphalt parking areas and associated improvements. The site is relatively flat sloping east to west. The existing landscaping/vegetation on the site is limited to parking lot trees, trees along a portion of the ditch channel to the north, and trees on the southeast edge of the project site. The Aura Blue Hill proposal is to demolish all existing site structures and improvements, extend Legion Road extension to connect with the existing Bypass Lane off Fordham Boulevard, and create a new development which will be known as Aura Blue Hill. Aura Blue Hill is a six (6) story mixed -use project that consists of two (2) separate mixed -use buildings and a seven (7) tier parking garage. The parking garage is wrapped with units on the Legion Road Extension side to conceal it from public view and the other building is connected to the garage via an open-air pedestrian bridge. Both mixed -use buildings step down from six (6) to four (4) stories with rooftop terraces overlooking courtyards within each building. The proposal consists of approximately 272 total residential units and 23,195 sf of commercial space. The building provides on -site amenities such as a clubhouse, fitness center, rooftop amenities, and retail units. To create a friendly, dynamic, and all-weather interaction, the building has several pedestrian access points to the indoor and outdoor amenities with clearly defined walkways. The primary vehicular access to the garage is provided off Legion Road Extension and a secondary access is provided from the traffic circle on Ackland Lane. The overall design will be compatible and harmonious to the surrounding neighborhood and promote and enhance pedestrian scale, encouraging interaction between building, space, and people. ECS Project # 49:19394 Page 2 C March • ECS Southeast, LLP 3.0 BACKGROUND Aura Blue Hill Site (SAW-2021-02018) is located at 1289 Fordham Boulevard in Chapel Hill, Orange County, North Carolina (Figure 1). The site consists of approximately 2.81 acres and is further identified on the Orange County GIS Website as Parcel Identification Number (PIN) 9799-34-3950, 9799-34-0759 and 9799-34-0588. The site presently consists of three (3) parcels containing Chapel Hill Baptist Church, a private residence, and a commercial building containing multiple tenants. Additionally, the church and commercial building properties both include asphalt parking areas and associated improvements. The site is relatively flat sloping east to west. The existing landscaping/ vegetation on the site is limited to parking lot trees, trees along a portion of the ditch channel to the north, and trees on the southeast edge of the project site. The Aura Blue Hill proposal is to demolish all existing site structures and improvements, extend Legion Road extension to connect with the existing Bypass Lane off Fordham Boulevard, and create a new development which will be known as Aura Blue Hill. Based on the United States Geological Survey (USGS) Topographic Map, no streams or low-lying areas are depicted within the Project Study Area (PSA) boundaries (Appendix I, Figure 2). ECS Project # 49:19394 Page 3 C March • ECS Southeast, LLP 4.0 AGENCY FIELD VERIFICATION & JURISDICTIONAL DETERMINATION OD) A Preliminary Determination was issued on October 20, 2021 under file SAW-2021-02018. See Appendix IV. The Town of Chapel Hill isssued a Stream Determination Letter on March 17, 2020. See Appendix V. The Town of Chapel Hill determined the streams to be perennial. ECS Project # 49:19394 Page 4 C March • ECS Southeast, LLP 5.0 PROPOSED IMPACTS & MITIGATION No impacts to regulated features trigger mittigation is associated with this project. Therefore mitigation is not proposed. ECS Project # 49:19394 Page 5 C March • ECS Southeast, LLP 6.0 AGENCY CORRESPONDENCE 6.1 Threatened & Endangered Species On January 19, 2023, ECS submitted a request for information pertaining to threatened and endangered species through the North Carolina Natural Heritage Program (NC NHP). According to the Request for Threatened and Endangered Species Consultation received from the NC NHP on January 19, 2023, there are no tracked species of concern found within the project footprint or within a one -mile radius of the project footprint. NC NHP notes to keep in mind that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. On January 12, 2022, ECS utilized the USFWS Information for Planning and Consultation (IPaC) website to submit a request for information on threatened and endangered species within the project area. Based on the generated list, the following threatened, endangered, proposed, and candidate species are listed with the potential to occur within the boundary of the proposed project and/or may be affected by the proposed project: Common Name Scientific Name Federal Status Current/Historic Mammals Tricolored Bat Perimyotis subflavus lProposed Endangered Current Clams Atlantic Pigtoe Fusconaia masoni Threatened Current Habitat for the above species were not identified within the PSA. Therefore, ECS concluded the project would have no effect on the above species. A copy of the USFWS IPaC response and NC NHP database search are included in Appendix V. 6.2 Cultural Resources On January 19, 2023, ECS reviewed the North Carolina Historic Preservaton Office GIS Web Service site to evaluate the PSA and surrounding area for potential cultural resources, archaeological sites, and historic structures. No historic structures were identified within the PSA or within 1,500 feet of the PSA. A copy of the NC HPO HPOWeb Map is included in Appendix VI. ECS Project # 49:19394 Page 6 C March • ECS Southeast, LLP 7.0 CLOSING ECS looks forward to your attention to this request. Please contact Michelle Measday, CFM, PWS at 919-861-9910 orMMeasday@ecslimited.com with questions or if additional information is required. 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Appendix II: Parcel Information and Agent k-Ahorization Supplemental Table 1 Property Owners List PIN OWNER DEED BOOK/PAGE NUMBER ADDRESS EMAIL PHONE 9799-34-3950 MFN LLC 4937/53 101 Ephesus Church RD, Chapel Hill, NC 27517 vital! mark@amaiLmm 919-933-4000 9799-34-0759 MAV LLC 5016/542 101 Ephesus Church RD, Chapel Hill, NC 27517 vitalimark@email.com 919-933-4000 9799-34-0588 Chad Guise 6614-999 1 Bypass Lane, Chapel Hill, NC 27517 cdzuise@zmail.com & iaysonnhalter@Qmail.com 919-274-0502 & 919-601-7485 27 � 2 3 c t Zz . 0/ ■ e \2 0 CO C) z �i 3 ° 2 \ 0 & 0 ..&2& �(if 6 C (if 3@/ ±wmmGNe ZZww �u oo<< / // � r E O p c0 N _t a O E aO,v_, N U O � w O � � m -0 0 E o wL w � -0 00 o a o y E 9 o � a L L 0 C (A N � U � O O 0 U o 0 0 - � � � o E E O 0 - m r 3 E m Q U E o o n n a 'a � � a m o '0 E T N !9 `o E C � � O O (0 C (p T � U C t 0 _ O U O O N � U (0 w ao 0 a T U N c0 L 2- U) C: ca 'E n .iE ,It O O E Y c0 O O z c O O u u N O M r �] hham� W O o C) iJ O O LO O O C)c Z V O i O O O O 00 O o O N - O 0') N O ����EF}ON H W W W W C)Uj Z Z) Z) Z) Z) Ja =) J J J J 2 0 <<<<U) U>>�W>WH H U) zQOU)QOX J m H Z) m J J_ 2 N J W rn Q ao r— = O O � LO N U - — LL Q d L~L J W C) Cn Cn CO W � P3: o Q LLI E5 0 O m } 0 Q 0 ry 2 U ry U U) U) W 0- W a O LO N ai Q U) m U Z u7 04 N Z N N (n rn a W W U) U Lu U N Z Z W W oo00 LLj J Q 0 0 C� 0 0 Q Q H W U J r1 L .iE ,It O O E Y c0 O O z c O UO U N O M r �] hham� W O o O iJ O C LO O C)c Z O i O O O O � N � N 000 (:6 00 O OM O Efi K} Ef; 613 O � w w w w C)Cf) z Z) Z) Z) Z) Ja =) J J J J p Q Q Q Q U)� U> >�w�wH H U) zQOU)QOX J m H Z) m LL Q d L~L J LLI C) U) U) CO N 0 P3: o Q LLI U) 0 O m } u� m t a n o f o0 Q F z co m -I--O U Q U) !E 0) U) M= W O GO 04 N Z_ - N - N ",, U) C a LU LU U) U) U N o z z W W oo00 LLj J Q 0 0 C� 0 0 Q Q H w U) J E C S SOUTHEAST, L L P "Setting the Standard for Service" �■■it- Geotechnical - Constructton Materials - Environmental - Facilities Agent Authorization Property/Site: Address of Site: 1289 Fordham Blvd. Chapel Hill NC 27514 101 Ephesus Church Road, Chapel Hill, NC 27517 Parcel identification Number (PIN): 9799-34-3950 and 9799-34-0759_ Owner Information: Name: Mark Vitali (MFN LLC and MAV LLC) Address: 101 Ephesus Church Road Chapel Hill, NC 27517 Telephone Number: 919-933-4000 Fax Number: E-mail Address: vitalimark@gmail.com Property Owner Certification: 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USAGE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR field verification and permit application: Property Owner Signature: ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities Agent Authorization Property/Site: Address of Site: 1 Bypass Lane Chapel Hill, NC 27517 Parcel Identification Number (PIN): 9799-34-0588 Owner Information: Name: Chad Guise & Jay Sonnhalter NC Regstered Er romp Firm F-IOM NC Regmtere0 Gootop is Firm C-e05 SC Reentered Enpnowng Firm 3239 Address: (Chad Guise) 80 Golden Heather Chapel Hill, NC 27517 (Jay Sonnhalter) 204 South West Street Cary, NC 275122 Telephone Number: (Chad Guise) 919-274-0502 & (Jay Sonnhalter) 919-601-7485 Fax Number: E-mail Address: cdguise@gmail.com & jaysonnhalter@gmail.com Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the Property Owner Signature: Date: Property Owner Signature: Date: and permit application: ECS CaPild Se►v+ces, PLLC - ECS Florida, LLC - ECS Mid -Atlantic, LLC • ECS Midwest LLC - ECS Souftast LLP • ECS Texas, LLP www.ecsllmited.com Appendix III: Impact Exhibits low. �° v T r� OBE �_ � w •w a . °`+ '" ° . •, ° . e F' w w' O O O W I � W � W —W � W � W � W � W � W � W � W U a a w a z w o cn Q� w r) w r) O cc a Z O H a a w cc °C a LL O z Z Lu � N -I Z w WC oC G ~ Q C7 W w o O U a a w cc a =) N O � N Lu d J a O IN --wow --- w---- wow mow_ 5 0 Q Q� Z 0 IIIHIMU V-JfIV EL Z'� <='Im < z zozc� 0 m 0 LU Z LU c6 0 w N. LU > Lu z 00 LU LU < LU U) (D z U) 0 Z LU 0 Lu 0 IL < U) of .0� < < [If L co co ix LU 0 1: (n z a. co < LU z LC U) 0 0 L) LU Cl) CD . cq z OD LO co N U) LU U) EL Ci U) 0 C� CIA U) 11 �D CN > > > z z z < M U) > zo LU 0 Q-C ' 4 z I 1 w 0 0 m Lu 0 Lij z co 2 U LU (90 Z LL F-- X LU LU U) 0 Ln LL Appendi..*,- ".0AW-2021-02018 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02018 County: Orange U.S.G.S. Quad: NC -Chapel Hill NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Pilot Environmental, Inc. Attn: David Brame Address: Post Office Box 128 Kernersville, North Carolina 27285 Telephone Number: 336-310-4527 E-mail: dbrameApilotenviro.com Size (acres) —4.8 Nearest Town Chapel Hill Nearest Waterway Little Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.934923 Longitude:-79.022764 Location description: The project area is located at 1301 Fordham Boulevard in Chapel Hill, Orange County North Carolina. The site boundary is highlighted on the attached, "Wetland Mad' and dated 10/19/2021. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/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). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/19/2021. 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 appear to be waters on the above described project area/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 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 at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/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 project area/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 waterson the above described project area/property 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 on your project area/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. ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have SAW-2021-02018 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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on10/20/2021. 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/property 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 April Norton at 919-554-4884 Ext. 57 or April.R.NortonAusace. army.mil. C. Basis for Determination: See the preliminary jurisdictional determination form dated 10/20/2021. D. Remarks: None. 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 (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNIN(d)USACE.ARMY.MIL 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. SAW-2021-02018 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by April R. April R. Norton "°rt°" Date: 2021.10.20 09:40:33 Corps Regulatory Official:-04'00' Date of JD: 10/20/2021 Expiration Date of JD: Not applieable 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 https://regulatoKy.ops.usace.qrmy.mil/customer-service-survey/. SAW-2021-02018 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm apex/Dp=136:4:0 Copy furnished: Agent: Pilot Environmental, Inc. Attn: David Brame Address: Post Office Box 128 Kernersville, North Carolina 27285 Telephone Number: 336-310-4527 E-mail: dbrame(k,)y lotenviro.com Property Owner: Millennium Chapel Hill Apartments, LLC. Attn: Curtis Burnett Address: 3411 Richmond Avenue, Suite 500 Houston, Texas 77046 Telephone Number: 281-808-4937 E-mail: Curtis.Burnett(&tdc-properties.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Pilot Environmental, Inc., Attn: David File Number: SAW-2021-02018 Date: 10/20/2021 Brame 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 ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.gM.mil/Missions/CivilWorks/RegulatoryProaramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: April Norton ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 3331 Heritage Trade Drive, Suite 105 ATLANTA, GEORGIA 30303-8803 Wake Forest, North Carolina 27587 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportuni to participate in all site investi tions. Date: Telephone number: I Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: April Norton, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/20/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pilot Environmental, Inc., Attn: David Brame, Post Office Box 128, Kernersville, North Carolina 27285 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 1301 Fordham Blvd, SAW- 2021-02018 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located at 1301 Fordham Boulevard in Chapel Hill, Orange County North Carolina. The site boundary is highlighted on the attached, "Wetland Map" and dated 10/19/2021. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Orange City: Chapel Hill Center coordinates of site (lat/long in degree decimal format): Latitude: 35.934923 Longitude:-79.022764 Universal Transverse Mercator: 17 Name of nearest waterbody: Little Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Datc: 10/20/2021 0 Field Determination. Date(s): 10/19/2021 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal Longitude Estimated Type of aquatic Geographic authority to degrees) (decimal amount of resource (i.e., which the aquatic resource degrees) aquatic resource wetland vs. non- "may be" subject (i.e., in review area wetland waters) Section 404 or Section (acreage and 10/404) linear feet, if applicable) SA 35.934609 -79.023421 370 feet Non -wetland Section 404 waters SB 35.934237 -79.023382 50 feet Non -wetland Section 404 waters 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 (NW) 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 AID, 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 finds 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 are included in the administrative record and are appropriately cited: NMaps, plans, plots or plat submitted by or on behalf of the PJD requestor: Pilot Environmental. Inc. Map: Wetland Map NData sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: Stream and Wetland Data Forms N Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationalc: El Data sheets prepared by the Corps: ❑Corps navigable waters' study: El U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑USGS 8 and 12 digit HUC maps: N U.S. Geological Survey map(s). Cite scale & quad name: USGS Topo May, Chapel Hill, NC Quad NNatural Resources Conservation Service Soil Survey. Citation: Orange County Web Soil Survey, October 2021; USDA Soil Survey of Orange County, published 1977, Sheet 26 NNational wetlands inventory map(s). Cite name: USFWS NWI Wetlands Mapper ❑ State/local wetland inventory map(s): N FEMA/FIRM maps: National Flood Hazard Laver ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) N Photographs: N Aerial (Name & Date): Site Photographs 1 and 2 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: NOther information (please specify): NC DWQ Stream Identification Forms 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. April R. Digitally signed by April R. Norton Date: 2021.10.20 N o rto n 09:41:19-04'00' Signature and date of Regulatory staff member completing PJD 10/20/2021 S-7 10/20/21 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 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. I r, &' -� 4 THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. APRIL NORTON WITH THE USACE ON OCTOBER 19, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data -' Scale: 1 = 100 PILOT Date: 10.19.21 P i E N V ft D N M f N T AL N C LEGEND Site Boundary ■ ■ ■ ■ ■ ■ Intermittent Stream • Data Point Wetland Map Chapel Hill Inn — 4.8 Acre Tract 1301 Fordham Boulevard Chapel Hill, Orange County, NC Pilot Project 5409.1 Appendix V: Town of Chapel Hill Stream Determination Letter PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION 405 Martin Luther King, Jr. Blvd. Chapel Hill, NC 27514-5705 Telephone (919) 969-7246 Fax (919) 969-7276 www.townofchapethifl.org March 17, 2020 Mr. Justin Brown Pennoni 5430 Wade Park Boulevard, Suite 106 Raleigh, NC 27607 librown@pennoni.com RE: Stream Determination for 101 Ephesus Church Road & 1289 Fordham Blvd, Chapel Hill, NC PIN 9799-34-3950 & 9799-34-0759 Dear Mr. Brown: As requested, the Town Public Works Department has performed a stream determination for the property identified on the attached forms. This determination indicates whether different types of streams (perennial, intermittent, and/or ephemeral) or perennial waterbodies are present on the property in question or on nearby properties. These streams and their classifications are shown on the accompanying map. Stream segments regulated by the Town's Jordan Lake Watershed Riparian Buffer regulations are highlighted. Locations of all features on the map are approximate and must be field surveyed for precise location. This stream determination information is used to determine the location and extent of the Resource Conservation District (RCD) and Jordan Lake Watershed Riparian Buffers. Specific land use regulations and restrictions apply within the boundaries of these protected areas. If you are considering any kind of work on this property, including clearing vegetation, paving, grading, or building, please consult with the Town Planning Department to determine the possible extent of the Resource Conservation District (RCD) and Jordan Lake Watershed Riparian Buffer on this property and the applicable corresponding regulations. This stream determination will remain in effect for five years from the date of the site visit, after which a new stream determination with site visit will be required. In accordance with the Town's procedures, you may appeal this administrative decision to the Town Manager. If you wish to do so, you must file your written appeal accompanied by any materials you believe support your appeal, within 30 days of receipt of this letter. If you have questions regarding stream determinations, please contact me at (919) 969-7202 or aweaklev@townofchapelhill.org. If you have questions regarding the Town's Resource Conservation District (RCD) or the Jordan Watershed Riparian Buffer regulations, please contact the Planning Department at (919) 968-2728, or view information online at: https://www.townofchapelhill.org/town-hall/departments- services/public-works/stormwater-management/construction-stormwater-regulations. Regards, Allison Schwarz Weakley Stormwater Analyst PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION 405 Martin Luther King, Jr. Blvd. Chapel Hill, NC 27514-5705 Telephone (919) 969-7246 Fax (919) 969-7276 www.townofchapelhill.org STREAM DETERMINATION RECORDS REVIEW Property Information Parcel ID Number (PIN) Address / Location Description 9799-34-3950 & 9799-34-0759 101 Ephesus Church Road & 1289 Fordham Blvd, Chapel Hill After reviewing Town GIS information, USGS 1:24,000 Topographic maps, and County Soil Survey maps, I have determined: ❑ No unclassified streams or waterbodies, streams or waterbodies identified as requiring a new classification or determination, or unidentified flowlines (possible streams) are shown within 150 feet of the property in question on the Town's GIS, the USGS 1:24,000 Topographic map, or the County Soil Survey map for the area. ❑ A Resource Conservation District boundary was set on a recorded final plat for the property in question, and there are no streams or waterbodies shown on the USGS 1:24,000 Topographic map or County Soil Survey within 150 feet of the property. ❑ A stream determination has been completed for this property, a property uphill or upstream, or a nearby property as of March 17, 2015 or later, and that stream determination applies to this property. A copy of the documentation for the relevant site visit(s) is available upon request. Relevant PIN(s): 9799-35-2260 (site visit 1-27-2020 ) A map showing water features, their Town flow classifications, presence of Jordan Watershed Riparian Buffers, and their approximate locations is attached. Origins or breakpoints that have been flagged in the field are marked on the map. Other conditions exist which may affect the location of the Resource Conservation District or Jordan Watershed Riparian Buffer: ® FEMA floodzone is mapped in the area. Precise location of the Base Flood Elevation and associated Resource Conservation District must be determined by a field survey commissioned by the owner or a representative. ® Segments of perennial or intermittent stream are piped in the area. These segments do not have an associated Jordan Watershed Riparian Buffer. ❑ Possible Jurisdictional Wetlands have been identified in the area. A formal review by a professional certified in Jurisdictional Wetland Delineation is recommended if impacts to wetlands are anticipated. Town Staff signature uate Version 3/12/2018 Io ` 0 USGS 24K Topographic / County Soil Survey Maps Q Subject Property Address: 101 Ephesus Church Road & 1289 Fordham Blvd, Chapel Hill, N 0 150 300 450 600 Feet Parcel ID: 9799-34-3950 & 9799-34-0759 N 1 inch = 500 feet Created by Town of Chapel Hill Public Works Department - Stormwater Management Division- 311712020 —_.tom ��� � �.� �■ � f � ��+.�� � � N IA AL" f+J S 7 \ I 9A; � � f • _40 d m C1 EE Ur -2 LL C �3 L) L) < 0 w 0 CJ — < YJ 0 L.L. -A c M L) E .2 IA a, .A W CL CL 0 0 —1 cu an cu N c m R R o o R 3 Fea 'O� v o -- o r E 'o 'o °� r m O �'• N c �•u r..i _m N N > o c o o d O � m £ H W U=Ec. LOU rn z a p o Z r� '- LL o �a U m a Z OE W E Q o o d O m 3 >� 3 >. c H a> > a�o� N Q N C N !q coQ o c o c c •o .� = j L=£ 0 W W V 2 = 1 .�. 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E U1 E o � c O W d N N C .n O U -Ep C O •N � '(p CO � 'y C �i LL W N Y E Q❑Z o Q >� y n a U @� •O O O O d @ 7 O N LL y O O C @ N U @ O N � � c o om m J J LL Z� Z C± PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION 405 Martin Luther King, Jr. Blvd. Chapel Hill, NC 27514-5705 Telephone (919) 969-7246 Fax (919) 969-7276 v«vw. townofchapelhil1.org Stream Determination Request AUTHORIZED AGENT FOR LEGAL REPRESENTATION FORM PROPERTY LEGAL DESCRIPTION: PARCEL ID (PIN) 9799343950; 9799340759 STREET ADDRESS: 101 Ephesus Church Rd; 1289 Fordham Blvd. Please print: Property Owner: Property Owner: f The undersigned, owner(s) of the above described property, do hereby authorize Justin Brown . of Pennoni (Contractor/Agent) (Name of consulting firm if applicable) to request a stream determinatior on this property and to act on my/our behalf and take all actions, I/we could have taken if present, necessary for the processing, issuance and acceptance of the stream determination for this property. Property Owner's Address (if different than property above): Owner Telephone: 91 1 �6 (�'y�e-�mail: We hereby certify the above information submitted is true and accurate to he be t of our knowledge. Owner Authorized Date Owner Authorized Signature Date Lvce f 03/09/2020 Contractor/Age Authorizes a Date Please re rn form by email(aweakley@townofchapelhill.org), fax, or mail to the above address in care of the "Stormwater Analyst." The form may also be dropped off at the Storrnwater Management office at 208 N. Colombia Street, Chapel Hill, NO. For questions, please call (919) 969-RAIN. Version 212112017 PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION 1 405 Martin Luther King, Jr. Blvd. .. Chapel Hill, NC 27514-5705 Telephone (919) 969-7246 Fax (919) 969-7276 ww-w.towno£chapelhil l.org REQUEST FOR STREAM DETERMINATION Stream determinations provide information used to determine whether the Town's Resource Conservation District (RCD) or Jordan Watershed Riparian Buffer Protection regulations apply to a property. Town staff will typically conduct a field visit to classify streams on the property(ies) indicated below within two weeks of a request, depending on weather conditions, staff availability, and scope of the request. Please note that stream determinations cannot be conducted within 48 hours of a rain event. There is no fee for stream determinations conducted by Town staff. A stream determination report indicates the results of a stream classification. Stream classifications expire after five years. If a stream determination has been completed on or near the property(ies) listed below within the last five years, a site visit may not be required unless local hydrology has changed significantly or the stream classification has expired. If a site visit is not required, the stream determination will be based on a records review. Requests may be emailed(aweakley(a)townofchapelhill. org), faxed, dropped off at Town Hall or the Stormwater Office, or mailed to the above address in care of the " Stormwater Analyst." Requestor's Name: Pennoni / Justin Brown Mailing Address: 5430 Wade Park Blvd, Suite 106 City, State, ZIP: Raleigh, NC 27607 Phone / FAX / Email: jjbrown(c_pennoni.com Check method(s) for report to be sent: ❑ US Mail ® Email ❑ FAX ❑ Call for pickup Signature of property owner or desi a legal agent granting permission to Town Staff to enter the property(ies) indicated belo r p oses of a Stream Determination: (Signature) (Date) Owner Name(s): ad14 (Please pri Company Name (if applicable): MAV, LLC and MFN, LLC Property Information Fill in both columns, or fill in Parcel ID Number (PIN) and attach a site map indicating location. Parcel ID Number (PIN) Address / Location Description 9799343950 101 Ephesus Church Road 9799340759 IAIL___ aL_ � 1289 Fordham Blvd. VVI Ie, e u le mitai area or ine property(ies) to visit Is over 3 acres, please attach an as -built drawing or a topographic map with current landmarks. Version 2l21P2017 w H cn Appendix VI: T&E Species Letters FI.'H aR'II�IJPE i47R'M6 . iva United States Department of the Interior —, FISH AND WILDLIFE SERVICE NR=CH 3 'Y' Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: January 19, 2023 Project Code: 2023-0035766 Project Name: Aura Blue Hill Apartments Site Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 01/19/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.govibirds/policies-and-regulations/ executive-orders/e0-13186.php. 01/19/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List • Migratory Birds 01/19/2023 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 01/19/2023 2 Project Summary Project Code: 2023-0035766 Project Name: Aura Blue Hill Apartments Site Project Type: Commercial Development Project Description: Proposed Development Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/035.934044400000005,-79.02273644880937,14z 4 8 4 *0* KIC111 ,Oe Counties: Orange County, North Carolina l t 11M1� 4 4 01/19/2023 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10515 Clams NAME G91KY080 Proposed Endangered STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 01/19/2023 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. 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. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) 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 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. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. htWs:Hecos.fws.gov/ecp/species/9399 01/19/2023 2 BREEDING NAME SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Golden Eagle Aquila chrysaetos Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. haps:Hecos.fws.gov/ecp/species/1680 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental ',A to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) 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 01/19/2023 3 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. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. 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 r' not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAiN FEB MARAPR iAPR MAY JUN JUL yAUG♦ SEP OCT yNOV♦y iDEECii Bald Eagle 1 ift �t,4 400 0#01 i4 -44.I 4� I * +� .414 4+ I TTTT 01/19/2023 4 Non -BCC Vulnerable Cuckoo tttt BCC Rangewide (CON) Chimney (CON) l Eastern Whip -poor - Will tttt tH ttt� - +tt t�_4 _M PIT _ 4 tttt tttt tttt tttt BCC Rangewide (CON) Golden Eagle Non -BCC + I I H tttt tttt tttt tttt tttt 44 t4t tttt tt+t 4I 1- Vulnerable Kentucky Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Warbler otary tttt �M 44 00 I 0 001114 4*0 Ott Wt 44 44 BCC Rangewide (CON) Red-headed Woodpecker � BCC Rangewide (CON) Rusty Blackbird BCC -BCR #00 0#00 00 0+tt Mt I I 1 F tttt 1114 44.44 0000 0000 Wood Thrush BCC Rangewide tt4 +ttt 44 400 00 $00 0000 004 0000 (CON) 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—/ collections/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 Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 01/19/2023 5 Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ 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 continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL 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 likely does not breed in your project area. What are the levels of concern for migratory birds? 01/19/2023 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Manning 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 Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "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 01/19/2023 7 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. 01/19/2023 M. IPaC User Contact Information Agency: ECS Southeast LLP Name: Kara Cometti Address: 1812 Center Park Drive City: Charlotte State: NC Zip: 28217 Email kcometti@ecslimited.com Phone: 7046156703 Roy Cooper, Governor ■16■■■ 1M- NC DEPARTMENT OF Ems �■■■iE NATURAL AND CULTURAL RESOURCES ■EMO January 19, 2023 Kara Webb ECS Southeast LLP 1812 Center Park Drive Charlotte, NC 28217 RE: Aura Blue Hill Apartments Site; 19394 Dear Kara Webb: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-20583 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.aov/offices/Directorv/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butler(d-)ncdcr.aov or 919-707-8603. 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O O P� N t � ti u w T z ai C v PH ulelu�a I— o z�� m S Hillsbo�uPh W 2 ULL Z v 65 <� OE O a z 1� w E (i2Ec E c E E U Z c W W N o60 O E u - z °n ° Appendix VII: Cultural ResourLesinfo 06 it + AppenCix Vill: Site Photos March • ECS Southeast, LLP 1 - South -facing view at location for culvert replacement and added headwall. 2 - East -facing view of approximate location of 13-ft span/open bottom culvert. ECS Project # 49:19394 Preliminary Data Entry Fields for New Actions SAW — 2021 - 2018 1. Project Name: Proposed Aura Blue Hill Apartments 2. Work Type: Private ❑� Institutional ❑ Government ❑ Commercial ❑✓ 3. Project Description / Purpose: The purpose of the project is to construct residential apartments on the site. The site is approximately 2.10 acres. The site currently consists of religious, commercial and residential uses. 4. Property Owner / Applicant: See property owner table. 5. Agent / Consultant: Michelle Measday / ECS 6. Related Action ID Number(s): 7. Project Location - Coordinates, Street Address, and/or Location Description: 35.934923,-79.022764; 1289 Fordham Road 8. Project Location -Tax Parcel ID: 9799-34-0588, 9799-34-0759 and 9799-34-3950 9. Project Location —County: Orange County 10. Project Location — Nearest Municipality or Town : Chapel Hill 11. Project Information — Nearest Waterbody: Little Creek 12. Watershed / 8-Digit Hydrologic Unit Code: Cape Fear / 03030002 Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 Regulatory Action Type: ❑Standard Permit Nationwide Permit # ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required