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HomeMy WebLinkAbout20211489 Ver 2_Northern Durham Parkway Phase II_404-401-Buffer Application_Final_2023-03-10_20230310 WithersRavenel t/ Our People.Your Success. February 23, 2023 US Army Corps of Engineers NC-Division of Water Resources Raleigh Regulatory Field Office 401 & Buffer Permitting Unit Ms. Jean Gibby Mr. Zach Thomas 3331 Heritage Trade Drive 1617 Mail Service Center Suite 105 Raleigh, NC 27699 Wake Forest, NC 27587 Re: Northern Durham Parkway - Phase 2 - NWP 14 PCN Submittal Durham, Durham County WR Project#02211079.10 Dear Ms. Gibby and Mr. Thomas, On behalf of the City of Durham, we are requesting authorization from the USACE to use NWP 14 for 0.023 ac(149 If)of permanent stream impacts,0.001 ac(10 If)of temporary stream impacts, 0.279 ac of permanent open water impact and 0.069 ac of permanent wetland impacts for construction of a road crossing and grading to construct a portion of the proposed Northern Durham Parkway and to provide access to developable uplands for the Welcome Venture Park project. Additionally, we are requesting a 401 WQC from NC DWR, for the following impacts: Proposed Impact Table Feature Type of Impact Impact Area LF SF AC Stream Permanent(Functional Loss) 106 754 0.017 Stream Permanent (No Functional Loss) 43 262 0.006 Stream Temporary 10 45 0.001 Stream Totals 159 1,061 0.024 Wetland Permanent - 3,016 0.069 Wetland Totals - 3,016 0.069 Open Waters Permanent - 12,149 0.279 Open Waters Total 1 12,149 1 0.279 Totals 159 1 16,226 1 0.372 The proposed total permanent impacts to jurisdictional waters are 0.371 acres and therefore the project is eligible for authorization under an NWP 14. We are also requesting an NCDWR Riparian Buffer Authorization for 25,780 sf of permanent buffer impacts for construction of the proposed parkway(Zone 1: 12,566 sf; Zone 2: 13,214 sf) 115 MacKenan Drive I Cary,NC 27511 t:919.469.3340 1 f:919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington Northern Durham Parkway- Phase 2 - NWP 14 ;0 WithersRavenel Durham, Durham Co. Our People,Your Success. The proposed Northern Durham Parkway - Phase 2 project area is ±9 acres in size and is aligned within two parcels (PIN: 0843-09-55-1980 and 0833-98-68-0826). The Northern Durham Parkway - Phase 2 alignment begins at Hamlin Road and runs northwest where it will terminate at the existing railroad located southeast of Old Oxford Road and northwest of Hamlin Road in Durham County (Lat: 36.055084°N; -78.862090°W). The project is located in the Neuse River basin and onsite waters drain to the Eno River. The Water Quality Classification for the Eno River is: WS-IV; NSW and the Stream Index Number is: 27-2-(19.5). The cataloging unit for the site is 030202010304. Proposed Project The overall purpose of the Northern Durham Parkway - Phase 2 is to provide an alternative route between Raleigh and Durham. Northern Durham Parkway is a component of the Durham - Chapel Hill - Carrboro Comprehensive Transportation Plan evaluated as NCDOT State Transportation Project #U-4721. The purpose of the proposed segment of Northern Durham Parkway is to construct two lanes of what will eventually become a four-lane divided boulevard of Northern Durham Parkway that will eventually terminate at Old Oxford Road and Hebron Road. Additionally, the road will provide access to the future Welcome Venture Park project whose impacts have been authorized under USACE AID# SAW-2021-02316. In a preapplication meeting held on 5/23/22 with April Norton of the USACE, it was discussed that since Northern Durham Parkway is part of the comprehensive transportation plan, and this portion is not considered a private access for future development it should be permitted separately from future development as a public transportation project with separate utility. The proposed impacts in this submittal are necessary for a road crossing of Stream 1, Pond 1, and Wetland A to construct this portion of the proposed parkway. Northern Durham Parkway will ultimately be a 4-lane median divided boulevard. The proposed Northern Durham Parkway - Phase 2 has been designed as a two-lane road. Specifically, the northern two lanes will be constructed, with the southern two lanes being constructed in the future once the remainder of Northern Durham Parkway has been constructed and traffic needs warrant expansion to a 4-lane road. All proposed impacts are necessary for construction of the northern two lanes only. Impacts necessary to expand to the ultimate 4-lane median divided road will be permitted separately in the future once the expansion is needed. Project History WR completed a wetland delineation for the project area on 9/30/2021. WR submitted a Preliminary Jurisdictional Determination Request to the USACE on 10/25/2021 (SAW-2021- 02316) for the Welcome Venture Park project that includes the Northern Durham Parkway alignment. USACE sent a concurrence email on 2/10/2022 confirming concurrence with the PJD Request, which has been provided as an attachment. S&EC conducted an onsite Threatened and Endangered Species review on October 5, 2021. The T&E Report and Self-Certification Letter are included as attachments in this submittal. NCDWR issued a Buffer Determination Letter(NBRRO#21-445)for the project dated 1/13/2022 which has been provided as an attachment. NC SHPO issued a letter for the Welcome Venture Park project on 1/26/2022 and did not have any comments on the project as proposed. Page 2 of 6 Northern Durham Parkway- Phase 2 - NWP 14 ;0 WithersRavenel Durham, Durham Co. Our People,Your Success. NCDWR issued a 401 permit for the Welcome Venture Park project on 10/30/2022 (DWR #20221128) and the USACE issued a 404 permit on 11/17/2022 (SAW-2021-02316) which this portion of Northern Durham Parkway will provide access to. Proposed Impacts The proposed impacts are necessary for construction of a perpendicular road crossing and road grading for another portion of the parkway. The permanent impacts will occur from installation of a 10'x10' RCBC culvert and riprap dissipator. The temporary stream impacts will result from installation of the culvert and construction of the temporary coffer dams to bypass flow during construction so that work may be completed in the dry. The proposed permanent stream impact is necessary to construct a culverted road crossing (Northern Durham Parkway - Phase 2). The road has been designed to cross Stream 1 perpendicularly with a reinforced concrete boxed culvert beneath the road, which will result in 0.017 acres (106 If) of permanent stream impacts with functional loss(Impact S2).The box culvert has been designed to be buried 12 inches below the stream bed to allow for aquatic life passage. A riprap dissipator will be installed on the downstream end of the culvert, resulting in 0.006 acres (43 If) of permanent stream impacts with no functional loss (Impact S3). The riprap dissipator is necessary to prevent erosion of the stream from drainage from the adjacent land that will be developed in the future resulting in higher flow velocity during storm events. The riprap will be installed by burying the riprap such that the top of the riprap matches the pre-construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of stream function. Construction will be completed in the dry by installing temporary coffer dams and constructing a temporary bypass swale to convey flow around the construction area. The installation of the temporary coffer dams and culvert will result in 0.001 acres (10 If) of temporary stream impacts. Additionally, the construction of the culvert will be scheduled during a period with no forecasted rain. After construction is complete,the temporary stream impact areas will be restored to natural grade. The restored stream banks will be stabilized with biodegradable matting placed on the stream banks and seeded with rye grass to provide temporary stabilization until natural regeneration of native vegetation permanently stabilizes the banks. No matting will be placed on the stream bed. Permanent impacts to a pond (Pond 1) and an adjacent wetland (Wetland A) are necessary and unavoidable due to construction of the proposed project. Impacts to both features are due to grading to achieve the necessary grade for the roadway. Total impact amounts from the proposed project to Pond 1 are 0.279 acres (Impact 01) and Wetland A are 0.069 ac (Impact W1). The Stream 1 crossing will result in 12,566 sf of permanent Zone 1 impacts and 13,214 sf of permanent Zone 2 impacts. The total permanent riparian buffer impacts will be 0.59 acres and therefore is classified as "Allowable with Mitigation Upon Authorization" in the 2020 Neuse River Riparian Buffer Rules (i.e., impact greater than one-third of an acre of riparian buffer). Avoidance and Minimization Prior to site plan design,the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Page 3 of 6 Northern Durham Parkway- Phase 2 - NWP 14 ;0 WithersRavenel Durham, Durham Co. Our People,Your Success. Impacts have been minimized to only those necessary for a single road crossing to construct the parkway and access developable uplands. The Northern Durham Parkway - Phase 2 stream crossing has been designed to cross Stream 1 at a perpendicular angle at a straight segment of stream channel.Additionally,wing walls will be used to stabilize road fill at the culvert rather than traditional backslopes. The riprap dissipator below the access road culvert will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre-construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of stream channel. Upon completion of construction, the temporarily impacted stream channel will be restored to pre-construction conditions and grades,and temporarily stabilized with biodegradable matting and seeded to provide temporary stabilization until natural regeneration of native vegetation permanently stabilizes the stream banks. No matting will be placed on the stream bed. The Northern Durham Parkway- Phase 2 alignment was designed to align with existing designated alignment of Northern Durham Parkway in Durham's future transportation plan. Additionally, the proposed alignment is necessary to avoid existing buildings and homes.To avoid additional stream and buffer impacts on the site, impacts to a small pond (Pond 1) and adjacent wetland are unavoidable. Pond 1 is not subject to the Neuse buffer rules and impacts to both the remaining portion of the pond and the wetland are due to road grading and a portion of the roadway itself. Approximately one-half of the existing pond was authorized to be filled by previously issued 404 and 401 permits (SAW-2021-02316 & DWR#20221128) for the Welcome Venture Park project. Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction activities and construction access occurring from uplands. Mitigation Stream Mitigation The proposed project will result in 0.023 acres (149 If) of permanent stream impacts, of which 0.017 ac (106 If)will result in functional loss. The applicant proposes to mitigate for the 0.017 ac (106 If) of functional loss at a 2:1 mitigation ratio,resulting in the provision of 212 If of stream mitigation.WithersRavenel contacted mitigation banks that service the Neuse 03020201 basin within the Falls Lake Watershed to determine availability of stream mitigation credits.The letter of acceptance from RES for the 212 If of stream mitigation has been provided as an attachment. Wetland Mitigation The proposed project will result in 0.069 acres of permanent wetland impacts as depicted in the table below. The proposed wetland impacts are less than a tenth of an acre however, Northern Durham Parkway is a portion of a larger project and wetland impacts are required to be offset with mitigation. The applicant proposes to mitigate for the 0.069 ac loss at a 2:1 mitigation ratio, resulting in the provision of 0.138 ac of wetland mitigation. WithersRavenel contacted mitigation banks that service the Neuse 03020201 basin within the Falls Lake Watershed to determine Page 4 of 6 Northern Durham Parkway- Phase 2 - NWP 14 ;0 WithersRavenel Durham, Durham Co. Our People,Your Success. availability of wetland mitigation credits. The letter of acceptance from RES for the 0.138 ac of wetland mitigation has been provided as an attachment. Buffer Mitigation The stream/buffer crossing will result in 12,566 sf of permanent Zone 1 impacts and 13,214 sf of permanent Zone 2 impacts, which totals 0.59 acres. The crossing is classified as "Allowable with Mitigation Upon Authorization"and therefore riparian buffer mitigation is required. The applicant proposes to provide 57,519 sf of riparian buffer mitigation as documented in the following table: Buffer Mitigation Table Impact Requiring Zone Mitigation Multiplier Total Zone 1 12,566 sf 3 37,698 sf Zone 2 13,214 sf 1.5 19,821 sf Total Mitigation Required 57,519 sf WithersRavenel contacted mitigation banks that service the Neuse 03020201 basin within the Falls Lake Watershed to determine availability of buffer mitigation. The applicant proposes to provide the 57,519 sf of riparian buffer mitigation through purchase of credits from RES. The Statement of Availability from Wildlands Holdings has been provided as an attachment. Stormwater Management Plan Stormwater from the proposed roadway will be routed to SCM's located within the adjacent Welcome Venture commercial development. Stormwater not captured will be conveyed as sheet flow. The stormwater management plan for Welcome Venture development consists of five constructed stormwater wetland SCMs and one SCM pond which provide a minimum of 30% nitrogen removal and therefore diffuse flow is not required. The stormwater management plan will be reviewed and approved by the City of Durham as the certified municipality. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, WithersRavenel Rick Trone Environmental Scientist Page 5 of 6 Northern Durham Parkway- Phase 2 - NWP 14 ;0 WithersRavenel Durham, Durham Co. Our People,Your Success. Attachments: • PCN Form • Agent Authorization Forms • USGS Quads • Durham County Soil Survey • Parcel/Owner Exhibit • Aerial Exhibit • Approved Wetland/Buffer Delineation Exhibit • USACE PJD Concurrence Email • NCDWR Buffer Determination Letter • T&E Species Info & USFWS Self-Certification Letter • SHPO Comment Letter • RES SOA for Stream/Wetland/Riparian Buffer Mitigation • Impact Exhibits Page 6 of 6 Office Use Only a"'su�4 ' Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: •eto,Nss Latitude (DD.DDDDDD): 36.056750 NORTH CAROLINA Longitude(DD.DDDDDD): 78.863852 Environmental Quality water Resources Form Version 1.5, September 2020 Pre-Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk* are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https:Hedocs.deg.nc.gov/WaterResources/O/edoc/624704/PCN%2OHelp%20File*/`202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/Missions/RequlatorV-Perm it-Program/Permits/2017-Nationwide-Perm its/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre-Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre-Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a)which states"At least 30 days prior to submitting a certification request, the project proponent shall request a pre-filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre-Filing Meeting Request to this Application. Date of Pre-filing Meeting Request(MM/DD/YYYY) *: 5/23/2022 DWR ID# Click to enter. Version Click to enter. (If applicable) A. Processing Information County (counties)where project is located: * Durham Additional (if needed). Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, 0 Yes ❑ No or airport project) Is this a NCDOT project? * ❑ Yes 0 No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter 0 Section 404 Permit(wetlands, streams, waters, la. Type(s) of approval sought from the Corps: * Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 22 PCN Form-Version 1.5,September 2020 ❑x Nationwide Permit(NWP) 1 b. Permit type(s)? * ❑ Regional General Permit(RGP) ❑ Standard (IP) This form may be used to initiate the standard/individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? * ® Yes ❑ No NWP number(s): NWP 14 RGP number(s): Click to enter. 1 d. Type(s)of approval sought from the DWR (check all that apply): ❑x 401 Water Quality Certification— Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑x Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after-the-fact permit/certification application? * ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in-lieu fee program proposed for ® Yes ❑ No mitigation of impacts? If yes, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental ❑ Yes ❑x No ❑ Unknown Concern (AEC)? * 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 22 PCN Form-Version 1.5,September 2020 B. Applicant Information 1 a. Who is the primary contact? * Rick Trone 1 b. Primary Contact Email: * rtrone@withersravenel.com 1 c. Primary Contact Phone: * (###)###-#### (919)538-8184 1 d. Who is applying for the permit/certification? * (check ❑ Owner 0 Applicant (other than owner) all that apply) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s)on Recorded Deed: * Welcome Venture Park, LLC 2b. Deed Book and Page No.: 009578/000658 2c. Responsible Party (for corporations): Welcome Wilson Jr. 2d. Address* Street Address: 5858 Westeimer Road Address line 2: Suite 800 City: Houston State/ Province/Region: TX Postal/Zip Code: 77057 Country: Click to enter. 2e. Telephone Number: * (###)###-#### (713)952-7000 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * wwilsonjr@welcomegroup.com 3. Applicant Information (if different from owner) 3a. Name: * Marvin Williams 3b. Business Name (if applicable): City of Durham 3c. Address: * Street Address: 101 City Hall Plaza Address line 2: Click to enter. City: Durham State/ Province/Region: NC Postal/Zip Code: 27701 Country Click to enter. 3d. Telephone Number: * (###)###-#### (919)560-4326 3e Fax Number: (###)###-#### Click to enter. Page 3 of 22 PCN Form-Version 1.5,September 2020 3f. Email Address: * Marvin.williams@durhamnc.gov 4. Agent/Consultant(if applicable) 4a. Name: * Rick Trone 4b. Business Name: WithersRavenel 4c. Address: * Street Address: 115 MacKenan Drive Address line 2: Click to enter. City: Cary State/ Province/Region: NC Postal/Zip Code: 27511 Country: Click to enter. 4d. Telephone Number: * (###)###-#### (919)538-8184 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * rtrone@withersravenel.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army.mil/Missions/Regulatory-Perm it-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 22 PCN Form-Version 1.5,September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Northern Durham Parkway Phase 2 1 b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Durham, NC 2. Project Identification 2a. Property identification number(tax PIN or parcel ID): PINs: 0843-09-55-1980 &0833-98-68-0826 2b. Property size (in acres): ±9 2c. Project Address: Street Address: 1507 Hamlin Road Address line 2: Click to enter. City: Durham State/ Province/ Region: NC Postal/Zip Code: Click to enter. Country: Click to enter. 2d. Site coordinates in decimal degrees (using 4-6 digits Latitude (DD.DDDDDD): * 36.056750 after the decimal point): * Longitude (-DD.DDDDDD): *-78.863852 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Eno River 3b. Water Resources Classification of nearest receiving WS-IV; NSW water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apps/webappviewer/i ndex.html?id=6e l 25ad7628f494694e259c8Odd64265 3c. In what river basin(s) is your project located? * Neuse Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030202010304 located: * The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publicinformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 22 PCN Form-Version 1.5,September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site is currently wooded and undeveloped. A sanitary sewer line is located within the site. General land use in the vicinity consists of both commercial and residential. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? * 4c. If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4d. Attach an 8'/2 x 11"excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/2 x 11"excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.069 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 159 linear feet and perennial)on the property: 4g1. List the total estimated acreage of all existing open waters on the 0.279 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed segment of Northern Durham Parkway is to construct two lanes of what will become a four-lane divided boulevard of Northern Durham Parkway that will eventually terminate at Old Oxford Road and Hebron Road. Additionally, the road will provide access to the future Welcome Venture Park project previously permitted under SAW-2021-02316. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall purpose of the Northern Durham Parkway is to provide an alternative route between Raleigh and Durham. Northern Durham Parkway is a component of the Durham - Chapel Hill -Carrboro Comprehensive Transportation Plan evaluated as NCDOT State Transportation Project#U-4721. The purpose of the proposed segment of Northern Durham Parkway is to construct two lanes of what will become a four-lane divided boulevard of Northern Durham Parkway that will eventually terminate at Old Oxford Road and Hebron Road. Additionally, the road will provide access to the future Welcome Venture Park project. In a preapplication meeting held on 5/23/22 with April Norton of the USACE, it was discussed that since Northern Durham Parkway is part of the comprehensive transportation plan, and this portion is not considered a private access for future development, it should be permitted separately from future development as a public transportation project with separate utility. The proposed impacts in this submittal are necessary for a road crossing of Stream 1 and Pond 1 in order to construct the Northern Durham Parkways and access developable uplands. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text. Page 6 of 22 PCN Form-Version 1.5,September 2020 5b. If 5a is yes, who delineated the jurisdictional Name (if known): Alyssa Ricci Agency/Consultant Company: WithersRavenel areas? Other: Click to enter. 5c. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑x Emailed Concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown Corps AID number(ex. SAW-0000-00000): Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. WR completed a wetland delineation for the project area on 9/30/2021. WR submitted a Preliminary Jurisdictional Determination Request to the USACE on 10/25/2021 (SAW-2021- 02316)for the Welcome Venture Park project that includes the Northern Durham Parkway alignment. USACE sent a concurrence email on 2/10/2022. A copy of the USACE email confirming PJD concurrence has been provided as an attachment. S&EC conducted an onsite Threatened and Endangered Species review on October 5, 2021. The T&E Report and Self-Certification Letter are included as attachments in this submittal. NC DWR issued a Buffer Determination Letter(NBRRO#21-445)for the project dated 1/13/2022 which has been attached to this application. NCDWR issued a 401 permit for the Welcome Venture Park project on 10/30/2022 (DWR#20221128)and the USACE issued a 404 permit on 11/17/2022 (SAW-2021-02316)which this portion of Northern Durham Parkway will provide access to. 5d1. Attach jurisdictional determinations. Page 7 of 22 PCN Form-Version 1.5,September 2020 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Northern Durham Parkway is a component of the Durham - Chapel Hill - Carrboro Comprehensive Transportation Plan evaluated as NCDOT State Transportation Project#U-4721. The Northern Durham Parkway —Phase 2 alignment begins at Hamlin Road and runs northwest where it will terminate at the existing railroad located southeast of Old Oxford Road and northwest of Hamlin Road. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity?This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre-construction notification. Click to enter text. Page 8 of 22 PCN Form-Version 1.5,September 2020 D. Proposed Impacts Inventory 1. Impacts Summary 0 Wetlands 0 Streams-tributaries 1a. Where are the impacts associated with your project 0 Buffers 0 Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site#* Impact Impact Wetland Name* Wetland Type* Forested Jurisdiction Impact Area Reason/Type* Duration* ?* Type* (ac)* W1 Grading Permanent Wetland A Unknown Yes Both 0.069 W2 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W3 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W4 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W5 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W6 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.069 ac 2g3. Total wetland impacts 0.069 ac 2h. Comments: Click to enter text. Page 9 of 22 PCN Form-Version 1.5,September 2020 3. Stream Impacts If there are perennial or intermittent stream/tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/tributary sites impacted. **All Perennial or Intermittent streams must be verified by DWR or delegated local government 3a. 3b. 3d. 3e. 3f. 3g. 3h. Site#* Impact Reason/ Impact Stream Name* Stream Jurisdiction Stream Width Impact length Type* Duration* Type* Type* (avg ft) * (linear ft) S1 Crossing/Culvert Temporary Stream 1 Perennial Both 9 10 S2 Crossing/Culvert Permanent Stream 1 Perennial Both 9 106 S3 Fill (Intl. Riprap) Permanent Stream 1 Perennial Both 9 43 S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft M. Total permanent stream impacts: 149 linear ft M. Total temporary stream impacts: 10 linear ft 34. Total stream and ditch impacts: 159 linear ft 3j. Comments: Click to enter text. Page 10 of 22 PCN Form-Version 1.5,September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4e1. 4f. Site#* Impact Reason/ Impact Waterbody Name* Waterbody Jurisdiction Impact area (ac)* Type* Duration* Type* Type* 01 Bank Permanent Pond 1 Pond Both 0.279 Stabilization/Fill (Incl. Riprap) 02 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 03 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 04 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 4g. Total temporary open water impacts 0 ac 4g. Total permanent open water impacts 0.279 ac 4g. Total open water impacts 0.279 ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Flooded Filled Excavated Flooded Filled Excavated Impacts (ac) P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 22 PCN Form-Version 1.5,September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. ❑x Neuse ❑ Tar-Pamlico ❑ Catawba 6a. Project is in which protected basin(s)? ❑ Jordan ❑ Goose Creek ❑ Randleman * (Check all that apply.) ❑ Other: Click to enter. 6b. 6c. 6d. 6e. 6f. 6g. Site#* Impact Type* Impact Duration* Stream Name* Buffer Zone 1 Impact* Zone 2 Impact* Mitigation (sq ft) (sq ft) Required?* B1 Crossing/Culvert/ Permanent Stream 1 Yes 12,566 13,214 Bridge B2 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: 0 sq ft Zone 2: 0 sq ft 6h. Total permanent impacts: Zone 1: 12,566 sq ft Zone 2: 13,214 sq ft 6h. Total combined buffer impacts: Zone 1: 12,566 sq ft Zone 2: 13,214 sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.)for the proposed project. Page 12 of 22 PCN Form-Version 1.5,September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Impacts have been minimized to only those necessary for road crossings to construct the Northern Durham Parkways and to provide access to the Welcome Venture Park project. The Northern Durham Parkway—Phase 2 stream crossing has been designed to cross Stream 1 at a perpendicular angle at straight segment of stream channel. Additionally, wing walls will be used to stabilize road fill rather than traditional backslopes. The riprap dissipator below the access road culvert will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre-construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of this section of stream channel. Upon completion of construction, the temporarily impacted stream channel will be restored to pre-construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded with rye grass to provide temporary stabilization until natural regeneration of native vegetation permanently stabilizes the stream banks. No matting will be placed on the stream bed. The Northern Durham Parkway- Phase 2 alignment was designed to align with existing designated alignment of Northern Durham Parkway in Durham's future transportation plan. Additionally, the proposed alignment is necessary to avoid existing buildings and homes. To avoid additional stream and buffer impacts on the site, impacts to a small pond (Pond 1) and adjacent wetland are unavoidable. Pond 1 is not subject to the Neuse buffer rules and impacts to both the remaining portion of the pond and the wetland are due to road grading and a portion of the roadway itself. Approximately one-half of the existing pond was authorized to be filled by previously issued 404 and 401 permits (SAW-2021-02316 & DWR#20221128). 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction activities and construction access occurring from uplands. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑x DWR ❑x Corps (check all that apply) 2b. If yes, which mitigation option(s)will be used for this ® Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) Wetland: EBX-Neuse sponsored Neu-Con Wetland & Stream Umbrella Mitigation Bank (Blackbird Site). Stream: 3a. Name of mitigation bank: EBX-Neuse Neu-Con Wetland & Stream Umbrella Mitigation Bank (Bucher Site). Buffers: Multiple banks possible, see attached SOA letter. 3b. Credits purchased/requested: Type: Riparian Wetland Quantity 0.138 Page 13 of 22 PCN Form-Version 1.5,September 2020 Type: Stream Quantity 212 Type: Riparian Buffer Quantity 57,519 Attach receipt and/or approval letter. 3c. Comments: See attached Statement of Availability letters. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to ente, linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non-riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal)wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules)— DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ® Yes ❑ No that requires buffer mitigation? If yes, please complete this entire section—please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 Road Crossing 12,566 3 37,698 Zone 2 Road Crossing 13,214 1.5 19,821 6f. Total buffer mitigation required 57,519 Page 14 of 22 PCN Form-Version 1.5,September 2020 6g. If buffer mitigation is required, is payment to a mitigation bank or ® Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: See attached Statement of Availability from RES. Page 15 of 22 PCN Form-Version 1.5,September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ® Yes ❑ No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑x Other SCM that removes minimum 30% nitrogen ❑x Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's ❑ Yes ❑x No Individual NPDES permit NCS000250? * 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑x Yes El No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environ mental%20guaIity/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? ❑x Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- ❑x Yes ❑ No approved local government stormwater program? * Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally-implemented stormwater programs through use of community in-lieu programs should answer"no" to this question. 2e. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply) * ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 16 of 22 PCN Form-Version 1.5,September 2020 Local Government Stormwater Programs * ❑x Phase II ❑ USMP ❑x NSW ❑ Water Supply Please identify which local government stormwater program you are using.* Click to enter. State Stormwater Programs * ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Stormwater from the proposed roadway will be routed to SCM's located within the adjacent Welcome Venture commercial development. Stormwater not captured will be conveyed as sheet flow. The stormwater management plan for Welcome Venture development consists of five constructed stormwater wetland SCMs and one SCM pond which provide a minimum of 30% nitrogen removal and therefore diffuse flow is not required. The stormwater management plan will be reviewed and approved by the City of Durham as the certified municipality. Page 17 of 22 PCN Form-Version 1.5,September 2020 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public(federal/state/local) ® Yes ❑ No funds or the use of public (federal/state) land? * 1 b. If you answered "yes"to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ❑ Yes ❑x No Policy Act(NEPA/SEPA)? * 1c. If you answered "yes"to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑x No NEPA or SEPA final approval letter.) Comments: Click to enter. 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), ❑ Yes ❑x No DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * 2b. If you answered "yes"to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? * 3b. If you answered "no", provide a short narrative description: The overall purpose of the Northern Durham Parkway is to provide an alternative route between Raleigh and Durham. Northern Durham Parkway is a component of the Durham -Chapel Hill - Carrboro Comprehensive Transportation Plan evaluated as NCDOT State Transportation Project#U-4721. The purpose of the proposed segment of Northern Durham Parkway is to construct two lanes of what will become a four-lane divided boulevard of Northern Durham Parkway that will eventually terminate at Old Oxford Road and Hebron Road. Additionally, the road will provide access to the future Welcome Venture Park project prior to the completion of Northern Durham Parkway. The proposed section of the Northern Durham Parkway will not result in additional development that would impact nearby downstream water quality. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ❑ Yes ❑ No ❑x N/A Page 18 of 22 PCN Form-Version 1.5,September 2020 4b. If yes, 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. Click to enter. 5. Endangered Species and Designated Critical Habitat(Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the ® Yes ❑ No U.S.? * 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)? * ❑ Yes ❑x No If yes, please show the location of the wind turbine(s)on the permit drawings/project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities El Yes ❑x No that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property(attach .pdf) Page 19 of 22 PCN Form-Version 1.5,September 2020 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * Soil & Environmental Consultants (S&EC) reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur within the vicinity of the project. The IPaC identified that Neuse River Waterdog, Carolina Madtom, Atlantic Pigtoe, Dwarf Wedgemussel, Monarch Butterfly, Michaux's Sumac, and Smooth Coneflower have ranges that extend into the project area. The IPaC specified that there are no critical habitats within the project area. The IPaC species list has been provided as an attachment to this application. S&EC reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/, as well as NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any recent occurrences of federally listed threatened or endangered species or critical habitat on the subject property. Recent occurrences of Smooth Coneflower and Michaux's Sumac have been observed within 1.0 miles of the project. A number of natural areas are located within a one mile radius of the project area. On October 5, 2021 S&EC conducted site assessments to identify potential suitable habitat and surveys for species listed on the official species list. S&EC completed a Species Conclusion Table, and a Self Certification Letter. S&EC concluded that the proposed project is not likely to adversely affect any federally listed species, their designated critical habitat, or species currently proposed for listing under the ESA. See attached reports and self-certification letter. Attach consultation documentation. 6. Essential Fish Habitat(Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑ Yes 2 No Are there submerged aquatic vegetation (SAV)around the project vicinity? * El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ® No ❑ Unknown * Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? There are no waters classified as EFH in Durham County. Page 20 of 22 PCN Form-Version 1.5,September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural ❑ Yes ❑x No preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. WR requested a site review from SHPO on 12/2/2021 for known occurrences of archeological, cultural, and historical resources. SHPO issued a letter on 1/26/2022 indicating there were no known historic resources which would be affected by the project. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? Click to enter. Page 21 of 22 PCN Form-Version 1.5,September 2020 H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the"Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Marvin G. Williams Signature: Date: * 3/09/2023 Page 22 of 22 PCN Form-Version 1.5,September 2020 %0 WithersRavenel NOOur People.Your Success. AGENT AUTHORIZATIONS WithersRavenel 1/ Our People.Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Municipality City of Durham (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local,state and federal environmental regulatory agencies(US Army Corps of Engineers, NC Division of Water Quality,NC Division of Coastal Management, local municipalities,etc.)for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Northern Durham Parkway- Phase 2. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Date: 3/09/2023 Agent's Name,Address&Telephone: Signature of Client: WithersRavenel, Inc. Marvin G. Williams ( me - 115 MacKenan Drive rint) (Title) Cary, NC 27511 (Signature) Tel.(919)-469-3340 101 City Hall Plaza, 3rd Floor Mailing Address Durham, NC 27701 City State Zip Phone: (919) 560-4326 Email:marvin.williams@durhamnc.gov 115 MacKenan Drive I Cary, NC 27511 t:919.469.3340 1 f:919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington 40 WithersRavenel NoOur People.Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser,Welcome Group does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities,etc.)for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas(wetlands,streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the following properties located in Durham, NC: • Durham Co. PIN:0844-01-10-2331,±47.99-acres,located at 1539 Hamlin Road. • Durham Co.PIN:0843-01-09-6498,±66.21-acres,located at 1507 Hamlin Road. • Durham Co. PIN:0833-02-99-6163,±38.72-acres,located at 1225 Hamlin Road. • Durham Co.PIN:0833-02-89-5258,±7.81-acres,located at 1420 Old Oxford Road. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Date: Agent's Name,Address&Telephone: Signature of Client: WithersRavenel,Inc. \w ReAL CAS ame- r, 115 MacKenan Drive Cary NC 27511 (Signature) Tel.(919)-469-3340 C;v Mailing Ad ress / , �C 4Af City State C Zip Phone. 4 J —7-7Cr:Z�) Email: 115 MacKenan Drive I Cary, NC 27511 t:919.469.3340 f: 919,467.6008 1 www.withersravenel.com License No.C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington 1% WithersRavenet Our People.Your Success. USGS QUADS GRAPHIC SCALE �— J• �_� �0� U J I �_ 0 1000 2000 Pt s/ �\_ -��\✓- \' _ 1 inch - 2000 ft. JI�J/. � v 74 - �$ 300 J t� J J�$ �$ I rn rn NORTHERN DURHAM PARKWAY- / ST PHASE II BOUNDARY COZART 7 HEBRON RD(_ 1 '1 1( g HEBRON'RD LN J j ROSE J 50 S.jatkEw NING..WAY / J �- - -� /�� O - P �, - — -� J LL-i � _ ,BONE �Neavr - / WEYBURN RD boo\ _ W 'Weaver <- - l J k J 350 -� ry Mf�A �,. Q A4A I a -��J J' y ( Q % .Pettys L J^ -Pettys I Q _ ake �0 4vfN sT/Lake '(. �\ o. J J DURHAM CLEMENTS OR. _ DEARBOR ,DR�J `I ' / / l r� —/SUNDIAL�C7R J_)\ _ - F(30 l • j� _ J 3 � .� ��BELV/N1AVE � t✓, j,l — � - _�- �,.� ��0 ^G�� I J ,/\ a BfRWYN 1-, n �A1AA ' pR I ✓= 350 ° O // ( J\ WOOD. -� �� p U J... � „' BUNDY AV ? E -�� I ' a o ,I e _ n o -; E MAYNARD AVE350 i NORTHERN DURHAM PKWY WithersRavenel PHASE II USGS QUAD (2022) - NE DURHAM 1/ Engineers I Planners I Surveyors m DURHAM DURHAM COUNTY NORTH CAROLINA GRAPHIC SCALE f + 0 200 400 I1 1 inch = 400 ft. f0 J r NORTHERN DURHAM PARKWAY - PHASE II BOUNDARY r ( - / r0/ 0 � l 'z I � - f a �_ 1 �- E Q r o \/ E 0 3 35 NORTHERN DURHAM PKWY USGS QUAD (2022) - NE DURHAM WithersRavenet PHASE II 1� Engineers I Planners I Surveyors DURHAM DURHAM COUNTY NORTH CAROUNA 1% WithersRavenet Our People.Your Success. DURHAM COUNTY SOIL SURVEY GRAPHIC SCALE 0 200 400 Gr 1 inch = 400 ft. G +, k NORTHERN DURHAM PARKWAY - PHASE IIBOUNDARY _ f 0 3 � / E 3 Mf6 i NORTHERN DURHAM PKWY PHASE II WAKE CO. SOIL SURVEY (1976)-SHEET 18 ;�WithersRavenel Engineers I Planners I Surveyors m DURHAM DURHAM COUNTY NORTH CAROLINA 1% WithersRavenet Our People.Your Success. PARCEL/PROPERTY OWNER EXHIBIT GRAPHIC SCALE 0 200 400 0 e 1 inch = 400 ft. 4o 0 0 0 HEBRON ROAD NORTHERN DURHAM PARKWAY - PHASE IIBOUNDARY P� �O Q PIN:0843-09-55-1980 Q WELCOME VENTURE PARK,LLC 5858 WESTEIMER RD SUITE 800 HOUSTON,TX 77057 7 I PIN:0833-98-68-0826 r «« ` WELCOME VENTURE PARK,LLC i 5858 WESTEIMER RD SUITE 800 HOUSTON,TX 77057 F v INC g � q � t�/�• w -_�41 3 a • 7 t _ Opp n E � E I z � .nr 0 NORTHERN DURHAM PKWY PHASE II PARCEL/OWNER EXHIBIT WithersRavenelEngineer5l Planners I Surveyors m DURHAM DURHAM COUNTY NORTH CAROLINA 1% WithersRavenet Our People.Your Success. AERIAL EXHIBIT GRAPHIC SCALE 0 200 400 0 e 1 inch = 400 ft. ¢p 0 o a � pP Q` Q QP O HEBRDN ROAD NORTHERN DURHAM PARKWAY - /�� PHASE II BOUNDARY /l 0 0 a 3 o w pP� i e O - O 3 i a s E z i i NORTHERN DURHAM PKWY 1!WithersRavenel PHASE II AERIAL PHOTO Engineers I Planners I Surveyors m DURHAM DURHAM COUNTY NORTH CAROLINA 1% WithersRavenet Our People.Your Success. APPROVED WETLAND/BUFFER DELINEATION EXHIBIT ,t �►�� Art . v. t �:j GRAPHIC SCALE WELCOME VENTURE PARK BOUNDARY FOR 3. . - _ _ USACE JD (SAW-2021-02316) AND NCDWR BUFFER -� - - o zzs 4so "fft � Z- $ DETERMINATION NBRRO#21-445 A^ � 4, 1 inch = 450 ft. 4w to-- An IL a WETLAND D t STREAM 6 PERENNIALlox - joo - 'T WETLAND C - e ♦ ° •`j NORTHERN DURHAM _ _ _ • �' PARKWAY-PH II BOUNDARY STREAM 2 -- _ _ ,V • _ — _ - - - _ - - w. - - INTERMITTENT - -- —'— HEBRON ROAD iy ._ _ 50' NEUSE RIVER RIPARIAN BUFFER STREAM 3 �`�� �,' INTERMITTENT i • �� -� ,- '3 }' WETLAND B _ 40, f ! � STREAM 5 - t�� � ,�r�0"9 �" l1• - - - INTERMITTENT ��p1S� �'�•. f STREAM 1 POND 1 PERENNIAL NOT SUBJECT TO BUFFERS t ` _ s WETLAND E gyp. F - , - •- .pi. WETLAND STREAM 4 '•��h, INTERMITTENT P Pp w � rd • •, a �- ; �'' ��. �'.,�, �" �� • ��. • E � ,.�;, _ w � NOTES: 1) BUFFER SUBJECTIVITY AND ORIGINS BASED ON NCDWR BUFFER DETERMINATION LETTER(NBRRO : 1•yt;y. �'' #21-445) DATED 1/13/2022. 2) DELINEATION AND JURISDICTIONAL STATUS VERIFIED BY USACE ON 2/10/2022(SAW-2021-02316). n Designer VIR ­1< %0 WithersRavenel NORTHERN DURHAM PARKWAY — PHASE II APPROVED WETLAND/BUFFER DELINEATION EXHIBIT h1tNo. � Drawn By Date TB • i Ch<kk By 1,ib Hr,. Engineers Planners Surveyors To On1079•10 DURHAM DURHAM COUNTY NORTH CAROLINA 1% WithersRavenet Our People.Your Success. USACE PJD CONCURRENCE EMAIL From: Norton,April R CIV USARMY CESAW(USA) To: Ricci,Alvssa Subject: SAW-2021-02316(Eno Venture Park)PJD Concurrence Revised Date: Thursday,February 10,2022 1:01:10 PM Attachments: Preliminary Jurisdictional Reauest Exhibit 02.09.2022.1)df Dear Alyssa Ricci, Reference is made to Corps Action ID: SAW-2021-02316. Please reference this number on any correspondence regarding this action. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Preliminary Jurisdictional Determination Request Exhibit" and dated 2/9/2022. Regulatory Guidance Letter(RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, it may take 90- 120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. Thank you, April Norton April R. Norton Regulatory Division US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 O O GRAPHIC SCALE 0 225 450 1 inch — 450 ft. O o� WETLAND D POTENTIAL WETLAND STREAM 6 oA WATERS OF THE US PERENNIAL \ POTENTIAL NON-WETLAND WETLAND C WATERS OF THE US +� ' POTENTIAL WETLAND WATERS OF THE US STREAM INTERMITTENT � 0 O POTENTIAL NON-WETLAND Q WATERS OF THE US S-1 RESTART HEBRON ROAD S-2 START 'tioG s O REVIEW AREA STREAM 3 r99`o INTERMITTENT POTENTIAL NON-WETLAND DP 1&2 WATERS OF THE US S-3 START S-1 STOP O O S-5 RESTART / � S-1 RESTART S-1 STOP / O o WETLAND B O S-5 STOP STREAM 1 POTENTIAL WETLAND PERENNIAL f WATERS OF THE US O S-5 START POTENTIAL NON-WETLAND STREAM 5 WATERS OF THE US INTERMITTENT POTENTIAL NON-WETLAND POND 1 WATERS OF THE US POTENTIAL NON-WETLAND WATERS OF THE US O 1� WETLAND E j � O r POTENTIAL WETLAND \ O e e WATERS OF THE US S-1 START WETLAND A o POTENTIAL WETLAND 3 J WATERS OF THE US I � O e S-4 START STREAM 4 INTERMITTENT 9D O Q POTENTIAL NON-WETLAND O WATERS OF THE US i U NOTES: 1) WETLAND DELINEATION PERFORMED BY WR ON 09/30/2021. 3 2) LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, DURHAM COUNTY GIS DATA,AND TOPOGRAPHIC INTERPRETATION. De..B D.. WithersRavenel �" ENO VENTURE PARK PRELIMINARY JURISDICTIONAL REQUEST EXHIBIT 1,N � Drawn By Dare 2072 i checked By i�,b Hr,. Engineers Planners Surveyors armmam DURHAM DURHAM COUNTY NO=CAROLINA 1% WithersRavenet Our People.Your Success. NCDWR BUFFER DETERMINATION LETTER DocuSign Envelope ID:8E154E81-ABE8-4DF3-A29F-AF998954CB3A 0�T STATi: ROY COOPER Governor z ELIZABETH S.BISER , z Secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality January 13,2022 Eno Development Partners,LLC 751 West Fourth St. Suite 310 Winston-Salem,NC 27101 Subject:Buffer Determination Letter NBRRO#21-445 Durham Determination Type: Buffer Intermittent/Perennial ®Neuse(15A NCAC 2B .0714) ❑ Tar-Pamlico(15A NCAC 2B .0734) ® Intermittent/Perennial Determination(where local buffer ordinances apply) ❑Jordan(15A NCAC 2B .0267)(governmental and/or interjurisdictional projects) Project Name: Eno Venture Park Address/Location: 1507 Hamlin Rd,Durham,NC 27704 Stream(s): UTs to Eno River Determination Date: January 6,2022 Staff: J.Chris Smith �� North Carolina Department of Environmental Quality I Division of Water Resources DE ERaleigh Regional Office 13800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINA DiiInmh 919.791.4200 DocuSign Envelope ID:8E154E81-ABE8-4DF3-A29F-AF998954CB3A Eno Venture Park Durham January 13,2022 Page 2 of 3 Feature E/I/P(i) Not �z> Subject Start @ Stop @ Soil USGS Subject Survey Topo Start 1 Int Al:DWR Flag(36.0540394,-78.8657496) I/P transition A2:DWR Flag(36.0539329,-78.864274) Stop 1 A3:DWR Flag(36.0564968,-78.8615164) A UP X Start 2 A4:DWR Flag(36.0567614,-78.8612603) X X Stop 2 A5:DWR Flag(36.0578008,-78.8605806) Start 3 A6:DWR Flag(36.0591349,-78.8599480) Stop 3:Off Site B I X Start B1:DWR Flag(36.0536763,-78.8644639) X Stop:Feature A C E X N/A X D NP X N/A X E E X N/A X F E X N/A X G E X N/A X H E X N/A X I P X Present Throughout X X J I X Start J1:DWR Flag(36.058734,-78.864145) X Stop J2:DWR Flag(36.0583569,-78.8606230) K I X Start Kl:DWR Flag(36.0580925,-78.8632253) X Stop Feature J L E X N/A X Start 1 M1:DWR Flag(36.05607905,-78.86960354) M I X Stop 1 M2:DWR Flag(36.0563079,-78.8693795) X Start 2 M3:DWR Flag(36.05678003,-78.86912223) Stop 2:Offsite Pond 1 N/A X Present,Not Subject X X (1)E=Ephemeral,I=Intermittent,P=Perennial,NP=Not Present,N/A=Not Applicable (2)Refers to State riparian buffer rules only. Stream,wetland,or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(s)listed above has been located on the most recent published NRCS Soil Survey of Durham County,North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked"Not Subject"has been determined to not be an intermittent stream,perennial stream,a pond connected to a stream feature,or the feature is determined not to be present. Stream features that are checked "Subject"have been located on the property and possess characteristics that qualify them to be subject to the buffer rules. There may be other streams located on the property that are not depicted on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B, and may be considered jurisdictional according to the US Army Corps of Engineers. This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty(60)days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski;DWR —401 &Buffer Permitting Unit,1617 Mail Service Center;Raleigh,NC 2 7699-1 61 7. If sending via delivery service(UPS,FedEx,etc.):Paul Wojoski;DWR—401&Buffer Permitting Unit;512 N.Salisbury Street; Raleigh,NC 27604. OeparMenl nl EnNr nmenlal tlualll� North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh,North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID:8E154E81-ABE8-4DF3-A29F-AF998954CB3A Eno Venture Park Durham January 13,2022 Page 3 of 3 This determination is final and binding unless,as detailed above,an appeal is requested within sixty(60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers(Raleigh Regulatory Field Office)at(919)-554-4884. If you have questions regarding this determination,please feel free to contact J. Chris Smith at(919)791-4257. Sincerely, DOCUSigned by: BCDA9D825NA46D... Scott Vinson,Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources,NCDEQ cc: RRO DWR File Copy Laserfiche Contact via e-mail at ariccikwithersravenel.com houstongcommercialreal_nc.com OeparMenl nl EnNr nmenlal tlualll� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh,North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID:8E1 54E81-ABE8-4DF3-A29F-AF998954CB3A 21-445 Eno Venture Park Durham r' - IRT f= i Y Feature I F � `f501 Feature A - Pond 1 er FSrAT£� Map provided by NCDEQ Legend: xM �. w y Division of Water Resources ea Locations are approximate -Approximate Site Boundary: C" and are provided for refer- `&uv / ence only (See Soils map for approximate start/stop points) DocuSign Envelope ID:8E1 54E81-ABE8-4DF3-A29F-AF998954CB3A 21-445 Eno Venture Park Durham rB Mf ;. Cj IrC< _ MfC f v C � b CrB -' G-r Feature ' _ V" I r . .'c � Feature A 4 ,. Feature J * : Feature H fc { - Feature / Feature K �-, ature G * 4r * Feature L r Feature E Feature D Pond 1 Feature B Feature C .�s5rATf Map provided by NCDEQ Legend: (JP Division of Water Resources y Locations are approximate -Approximate Site Boundary: and are provided for refer- -Approximate Start/Stop Point ence only""""y� ��„�;�'` y�� -0- WithersRavenel 1/ Our People.Your Success. ME SPECIES INFO & USFWS SELF- CERTIFICATION LETTER • Soil & Environmental Consultants, PA 8412 Falls of Neuse Road,Suite 104,Raleigh,NC 27615•Phone:(919) 846-5900• Fax: (919)846-9467 sandec.com To: U.S. Fish and Wildlife Service October 19,2021 Raleigh Field Office S&EC Project No: 14972.W1 P.O. Box 33726 Raleigh,NC 27636-3726 Re: Online Project Review Request, Eno Venture Park,Durham—Durham County,North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review October 19,2021 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of:A planned Industrial development. The location of the project and the action area are identified on the enclosed maps. Eno Venture Park(36.056201, -78.865150). The site is located at Hamlin Road,Durham—Durham County,North Carolina. Construction will commence following the anticipated Section 404&401 Approvals and should be completed by the Nationwide Permit Expiration date of March 15,2026. This project review is needed under provisions of Section 7 of the Endangered Species Act(ESA), and per General Condition 18 of Nationwide Permit 39. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information,please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS,PA Mason Montgomery Environmental Scientist,Wetlands Department Enclosures: 1. Project Request Review Package 5. FWS Official Species List 2. S&EC T&E Species Report 6. NHP Report 3. Vicinity Maps 7. FWS Species Conclusion Table 4. S&EC Photo Report R. FWS Self-Certification Letter • Soil & Environmental Consultants, PA [12 Falls of Neuse Road, Suite 104,Raleigh,NC 27615 • Phone: (919)846-5900•Fax: (919) 846-9467 sandec.com October 19, 2021 S&EC Project No.: 14972.W1 To: Welcome Real Estate Services LLC Attn: Ted Kakambouras 5858 Westheimer, Suite 800 Houston, TX 77057 Re: THREATENED & ENDANGERED SPECIES REPORT Eno Venture Park(+/- 160.73 acres) Hamlin Rd, Durham, Durham County,NC Dear Mr. Kakambouras: On October 5, 2021, Soil& Environmental Consultants, PA(S&EC) evaluated the Eno Venture Park property shown on the attached maps for potential endangered species. The property is located at Hamlin Rd in Durham County,NC. Surface waters on-site flow into the Eno River in the Neuse River Basin, which has been classified in the"Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as WS-IV;NSW. We obtained the attached automatically generated official species list from the U.S. Fish&Wildlife Service(FWS) and N.C.Natural Heritage Program(NHP)report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS &NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on-site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Eno Venture Park-S&EC Threatened &Endangered Species Report Page 1 of 6 October 19,2021 S&EC Project#14972.W1 RESULTS: The FWS official species list identified the following threatened and endangered species for the Evaluation limits: • Neuse River Waterdog (Necturus lewisi), Proposed Threatened • Carolina Madtom(Noturus furiosus), Proposed Endangered • Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened • Dwarf Wedgemussel (Alasmidonta heterodon), Endangered • Michaux's Sumac (Rhus michauxii), Endangered • Smooth Coneflower(Echinacea laevigata), Endangered Of the species identified on the official species list, the NHP report did identify thirteen Federally threatened or endangered species within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified seven natural areas and seventeen managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. NEUSE RIVER WATERDOG(Necturus lewisi): S&EC personnel conducted preliminary surveys of the streams on-site for potential suitable habitat for the Neuse River Waterdog. The NHP report did list a known elemental occurrence from 2020 within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is typically medium to large streams and rivers with a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and pools. While we did not specifically sample for the species,we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on-site. The streams on- site were+/-4 feet wide with low or no baseflow and had a sandy gravel substrate. Due to these observations,we have concluded that the project would have "No effect" on the Neuse River Waterdog. Eno Venture Park-S&EC Threatened &Endangered Species Report Page 2 of 6 October 19,2021 S&EC Project#14972.W1 CAROLINA MADTOM(Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams on-site for potential suitable habitat for the Carolina Madtom (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did list a known historical elemental occurrence from 1961 within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting habitat. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on-site. The streams on- site were +/-4 feet wide with low or no baseflow and had a sandy gravel substrate. Due to these observations,we have concluded that the project would have "No effect" on the Carolina Madtom. ATLANTIC PIGTOE (Fusconaia masonal: S&EC personnel conducted preliminary surveys of the streams on-site for potential suitable habitat for the Atlantic Pigtoe(Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on-site. The streams on- site were+/-4 feet wide with low or no baseflow and had a sandy gravel substrate. Due to these observations,we have concluded that the project would have "No effect" on the Atlantic Pigtoe. DWARF WEDGEMUSSEL (Alasmidonta heterodon): S&EC personnel conducted preliminary surveys of the streams on-site for potential suitable habitat for the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of Eno Venture Park-S&EC Threatened &Endangered Species Report Page 3 of 6 October 19,2021 S&EC Project#14972.W1 mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial streams are considered suitable habitat. While we did not conduct detailed mussel surveys,no mussels (of any species)were observed during the preliminary suitable habitat survey. Our preliminary survey concluded that potential suitable habitat does not exist on-site. The streams on- site were+/-4 feet wide with low or no baseflow and had a sandy gravel substrate. Due to these observations,we have concluded that the project would have "No effect" on the Dwarf Wedgemussel. MICHAUX'S SUMAC (Rhus michauxib: S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary surveys. We found no individual Michaux's Sumac species within the project area. The NHP report did list a known elemental occurrence from 2020 within 1 mile of the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along roads,paths, easements, ponds, and logged areas. Other sumac species identified on-site included Winged sumac (Rhus copallinum). Given the lack of species present within the areas believed to be suitable habitat, we concluded that the project would have "No effect" on Michaux's sumac. SMOOTH CONEFLOWER(Echinacea laevizata): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We found no individual Smooth Coneflower species within the project area. The NHP report listed nine known elemental occurrence from 2020 and earlier within one mile of the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along roads,paths, easements, and cleared areas. Given the lack of species present within the areas believed to be suitable habitat, we concluded that the project would have "No effect" on Smooth Coneflower. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey,we found no evidence of Bald Eagles or any nesting Eno Venture Park-S&EC Threatened &Endangered Species Report Page 4 of 6 October 19,2021 S&EC Project#14972.W1 sites within the project area. The NHP report did not identify any known nests on-site or within one mile of the site. Given the lack of species present,we have concluded that the project is "Unlikely to disturb nesting bald eagles". We believe no Eagle Act Permit is required. NORTHERN LONG-EARED BAT (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's)within the project area. During our survey, we found no individual species. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project-specific section 7 responsibilities." Due to the nature of the project being Industrial development, we concluded that the project would"May affect, but not likely to adversely affect"NLEB's. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and"Self-Certification Letter". Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act(ESA). We strongly recommend requesting a concurrence letter from the FWS. Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report Eno Venture Park-S&EC Threatened &Endangered Species Report Page 5 of 6 October 19,2021 S&EC Project#14972.W1 5. FWS List of threatened and endangered species that occur in your proposed location,and/or may be affected by your proposed project.Official Species List. September 23,2021. 6. NHP report: September 23,2021. 7. S&EC—FWS Species Conclusion Table.October 19,2021. 8. S&EC—FWS Self-Certification Letter.October 19,2021. References: -North Carolina Natural Heritage Program.2017.Biotics Database.Department of Environment and Natural Resources, Raleigh,North Carolina. -US Fish and Wildlife Service.Information for Planning and Consultation(IPaC)&Raleigh Ecological Services Field Office Online Project Reviews website. -U.S.Fish and Wildlife Service.2017. Species status assessment report for the Atlantic Pigtoe(Fusconaia masoni).Version 1.2.March 2017.Atlanta,GA. -U.S.Fish and Wildlife Service. 1993.Michaux's Sumac Recovery Plan.Atlanta,Georgia: U.S.Fish and Wildlife Service. 30pp. -U.S.Fish and Wildlife Service/Southeast Region.2019. Carolina Madtom. Species Profile. https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/. -U.S.Fish and Wildlife Service/Southeast Region.2019.Neuse River Waterdog... Species Profile. http s://www.fws.gov/southeast/wildlife/amphibians/neus e-river-waterdog/ Eno Venture Park—S&EC Threatened &Endangered Species Report Page 6 of 6 00 \ 0 o o LUCC D z D a - 0 r W � GF"OFF D 1 o - 7- CD 0 o C COLART ST ^� HEBRON'RD �1 o� 0 o D q<F �R Weaver - er �. o NC Center_for Geographic Information&Analysis Project Number: USGS Map Map Title: N 14972.W1 0 1,000 2,000 Project Manager: I I I I I I I I BZ Eno Venture Park Feet Scale: 1 IV = 1000' Durham County, NC • Source: 2019 NE & NW Soil& Environmental Consultants, PA Date: 9412 Falk,( Rwd Suir lW.Raldgk]C 276Uh nv-PIP—19191 bi65900•Fac(919)8169J.? 09/23/2021 Durham USGS Quad MU PfE Ir AIA MfB �\ - �1 MfC 1. m HeB PfE Gr8 � GrB . . �� WsB MfC W� ,.4 MfB t� Mt J. •\\ \, 1 Gr6 f$ - !rB ,� MfB B MfC M!C s 41f$ IrB ° tE MfB �, Q U IrC - Q Mf MfC GrG CrB He8 _E3 Mff3 f 8 era ! �_ Mf8 MfG r _ f MfB K� tti r l'I -Z �` ► \^� � B ur Gu f6 Ur 0 P,"B f B WXF MfC Wsc tc 7'MfE .•� wsB �r�l � - MfB MfB Ch M fC do IrC ` J WXE . r Ur MfC Weaver PfE VVsB 1 l MfC ` \ Mfr S Wh SC . - _ ,:—� _ NC enter for eo•raphic Inform 4i•n n l sis' Project Number: Map Title: N 14972.W1 0 1,000 2,000 Project Manager: SOII Survey Map I I I I I I I I I BZ Eno Venture Park Feet Scale: 1 1000' Durham County, NC " = Soil & Environniental Consultants, PA Date: Source:Durham County Soil 09/23/2021 Survey Sheet 13, 14, 17 & 18 R"'F''h"""Rs".r 101.Rald�]C 27617•Ph nc(919)816WW•Fu 1919)SA6`�•' �11j11j�I 1 j r/-\� \�\�` ' '^ �� \\`\\\!►\ / /' \ \\�\� \ \\ ,\ %_ /' i/Nf/:r I I -f F r 1 .\ \ t J' `% 1 I (`\\\\�\\\\ C•���� '?t" II II II ♦ \ - / \ \- // . \ \ ♦ \ \ \ !♦ 1 \ \'1,/ \\ \ 1 I i / /. 111 \1�\ \\\\\\\\ \ \`---'/ ---\\-\\\\ \��;\�/ i / �. \�\ \\ \�\, i yi' i / l\ If1II1I1\ \\ 1 \ --- c' ♦:\ \ \ ♦�i / n- ♦ \ \\ \ ♦ 111 l\1��♦`;`_/ `--- • . \ \..\ \ /f \\ \ /!/ / \ k\1N I //^�\< \\\ \ \ NN I f .\• _ /- � III 1 \..' �. -•1/!//t '�//-� i 1 \\\ IIII I \_'' l 111/l // / \_„ I \\ 4w / ,`, � ,f/jll 1 i .:'�// •"�� �_-\%�/iG; /i/i/> I I IIiII1jI11Jl%/ Jj//IIII/1/�\`_ \ \\�--'/ J1� 1 / I / J4'. \\ �,,... ; ♦�. 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VF At � 1. f �✓ �_ � +t _ J" lef "Q- - � �s Job#: 14972.W1 October 19, 2021 Photo 5: Easement � I: 'iC+.r '.r-f,� *- Q1j•Ef •fix '��a t ._ r �4"�, ,�J�,�4 S ! �'"i Photo 6: Perennial stream start ii-3" �.. 3 � 1 1 • _ r' z: .^:�.•�� ��� ., � � =�`� >�- t '-�j- Ems;. -yam/� \ 'a•' 3 y� „�' �' r�'+I���'�;.,t " •wl•� � r _ A- rA.'. �� �l� `� `s J+ - .r ., -- t •'?tom, + � I 1 i • 'F ��, � •.�1d it /�. � �'� -��%� `;• i -x I i •�� �- � it - .�., ' � H. f -r. •� lF -i vj � a Are • • . • October 19, 2021 Photo ' 'o • Photo ' • ROW c ,Y • n � � ��. i,.� �t, rat i r�' •.11 r ;.Y�7'�y�'��,�'7 i.�r ref f��� y ry •tom J ,� Y. c �ENt Ot nfuf►N u,W i Qpe' � Fa mn-► United States Department of the Interior FISH AND WILDLIFE SERVICE 4j4Rc"' �w> 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: September 23, 2021 Consultation Code: 04EN2000-2021-SLI-2284 Event Code: 04EN2000-2021-E-04707 Project Name: Eno Venture Park 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 species list generated pursuant to the information you provided 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.). 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. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 09/23/2021 Event Code: 04EN2000-2021-E-04707 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act(16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 09/23/2021 Event Code: 04EN2000-2021-E-04707 3 Attachment(s): • Official Species List 09/23/2021 Event Code: 04EN2000-2021-E-04707 1 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 09/23/2021 Event Code: 04EN2000-2021-E-04707 2 Project Summary Consultation Code: 04EN2000-2021-SLI-2284 Event Code: Some(04EN2000-2021-E-04707) Project Name: Eno Venture Park Project Type: DEVELOPMENT Project Description: This project is located in Durham, NC and is approximately 160 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@36.0568468,-78.86302318411822,14z p Counties: Durham County, North Carolina 09/23/2021 Event Code: 04EN2000-2021-E-04707 3 Endangered Species Act Species There is a total of 7 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. Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species.The location of the critical habitat is not available. Species profile:httpss://ecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species.The location of the critical habitat is not available. Species profile:https:Hecos.fws.gov/ecp/species/528 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species.The location of the critical habitat is not Threatened available. Species profile:https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/784 09/23/2021 Event Code: 04EN2000-2021-E-04707 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/5217 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Roy Cooper,Governor ■o■ ■■ NC DEPARTMENT OF D.Reid Wilson,Secretary ■■ ■■ NATURAL AND CULTURAL RESOURCES RUN Walter Clark Director,Division of land and Water Stewardship NCNHDE-15821 September 23, 2021 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Eno Venture Park; 14972.W1 Dear Robert Zarzecki: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butler(c�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q 121 W JONES STREET,RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER,RALEIGH,NC 27699 ® OFC 919 707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Eno Venture Park Project No. 14972.W1 September 23, 2021 NCNHDE-15821 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Na n Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Vascular Plant 3803 Prunus susquehanae Susquehanna Cherry 1950-05-10 H 3-Medium --- Significantly G5T4T SH Rare 5 Peripheral No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on September 23,2021;source: NCNHP, Q2 July 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 10 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Eno Venture Park Project No. 14972.W1 September 23, 2021 NCNHDE-15821 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Nam:K� Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank i Date Rank �m IL Amphibian 20152 Necturus lewisi Neuse River Waterdog 2020-02-18 E 3-Medium Threatened Special G2 S2 Concern Animal 35345 Waterbird Colony Waterbird Colony 2021-06-07 AB 3-Medium --- --- GNP S3 Assemblage Caddisfly 18132 Dibusa angata Angulated 1995-02-14 H? 3-Medium --- Significantly G5 S2 Microcaddisfly Rare Freshwater Fish19717 Noturus furiosus Carolina Madtom 1961-08-03 H 3-Medium Endangered Threatened G2 S2 Moss 23402 Aphanorrhegma A Moss 1953-11-07 H 3-Medium --- Significantly G4G5 SH serratum Rare Other Moss 23480 Weissia ludoviciana A Moss 1954-01-06 H 3-Medium --- Significantly G3G4 S1? Rare Throughout Natural 18049 Basic Mesic Forest --- 2013-03-10 B 3-Medium --- --- G3G4 S3S4 Community (Piedmont Subtype) Natural 8943 Basic Mesic Forest --- 2010-03-21 AB 2-High --- --- G3G4 S3S4 Community (Piedmont Subtype) Natural 40541 Piedmont Bottomland --- 2021-02-10 C 2-High --- --- G3G4 S2 Community Forest (High Subtype) Natural 40537 Piedmont Bottomland --- 2021-02-10 B 2-High --- --- G2? S2 Community Forest (Typic Low Subtype) Natural 40542 Piedmont Levee Forest--- 2021-02-10 C 2-High --- --- G3G4 S3S4 Community (Typic Subtype) Natural 40539 Piedmont/Mountain --- 2021-02-10 E 2-High --- --- G4? S4 Community Semipermanent Impoundment (Piedmont Marsh Subtype) Page 3 of 10 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State Group 2Observation Occurrence Status Status Rank Rank Date Rank Natural 40538 Piedmont/Mountain --- 2021-02-10 E 2-High --- --- G4 S4 Community Semipermanent Impoundment (Shrub Subtype) Natural 5992 Xeric Hardpan Forest --- 2011-10-05 B 3-Medium --- --- GI S1 Community (Northern Prairie Barren Subtype) Sawfly, Wasp, 37149 Bombus affinis Rusty-patched Bumble 1965-07-12 H 5-Very Endangered Significantly G2 S1 Bee, or Ant Bee Low Rare Vascular Plant 27839 Agastache nepetoides Yellow Giant-hyssop 2016-08-17 AB 1-Very --- Significantly G5 S1 High Rare Peripheral Vascular Plant 12027 Baptisia aberrans Prairie Blue Wild 2020-08-07 Ar 1-Very --- Endangered G5T2 S2 Indigo High Vascular Plant 888 Baptisia aberrans Prairie Blue Wild 2020-05-12 A 2-High --- Endangered G5T2 S2 Indigo Vascular Plant 15621 Baptisia aberrans Prairie Blue Wild 2017-06-16 A 2-High --- Endangered G5T2 S2 Indigo Vascular Plant 20389 Baptisia aberrans Prairie Blue Wild 2019-08-26 D 2-High --- Endangered G5T2 S2 Indigo Vascular Plant 25607 Baptisia aberrans Prairie Blue Wild 2017-06-16 D 2-High --- Endangered G5T2 S2 Indigo Vascular Plant 37595 Baptisia aberrans Prairie Blue Wild 2017-06-16 D 2-High --- Endangered G5T2 S2 Indigo Vascular Plant 8687 Baptisia aberrans Prairie Blue Wild 2013-Summer B 2-High --- Endangered G5T2 S2 Indigo Vascular Plant 17456 Berberis canadensis American Barberry 2021-04-28 CD 1-Very --- Special G3G4 S2 High Concern Vulnerable Vascular Plant 4443 Berberis canadensis American Barberry 2020-08-07 C 3-Medium --- Special G3G4 S2 Concern Vulnerable Vascular Plant 39497 Berberis canadensis American Barberry 2019-12-10 D 2-High --- Special G3G4 S2 Concern Vulnerable Page 4 of 10 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Namen Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Vascular Plant 93 Carex jamesii James's Sedge 2020-03-15 B 2-High --- Special G5 S2 Concern Vulnerable Vascular Plant 26328 Corallorhiza wisteriana Spring Coral-root 1959-04 H 3-Medium --- Significantly G5 S1 Rare Other Vascular Plant 33878 Dichanthelium Ringed Witch Grass 2020-09-01 B 2-High --- Endangered G4 S1 annulum Vascular Plant 2842 Echinacea laevigata Smooth Coneflower 2020-08-07 Br 2-High Endangered Endangered G2G3 S1S2 Vascular Plant 25646 Echinacea laevigata Smooth Coneflower 2020 Bi 2-High Endangered Endangered G2G3 S1S2 Vascular Plant 22138 Echinacea laevigata Smooth Coneflower 2020-06-16 Cr 2-High Endangered Endangered G2G3 S1S2 Vascular Plant 25624 Echinacea laevigata Smooth Coneflower 2020 Ci 2-High Endangered Endangered G2G3 S1S2 Vascular Plant 8822 Echinacea laevigata Smooth Coneflower 2020-08-07 Cr 2-High Endangered Endangered G2G3 S1S2 Vascular Plant 19925 Echinacea laevigata Smooth Coneflower 2020-06-16 Br 2-High Endangered Endangered G2G3 S1S2 Vascular Plant 39496 Echinacea laevigata Smooth Coneflower 2019-12-10 D 6-Unkno Endangered Endangered G2G3 S1S2 wn Vascular Plant 25623 Echinacea laevigata Smooth Coneflower 2009? Fi 2-High Endangered Endangered G2G3 S1S2 Vascular Plant 22505 Echinacea laevigata Smooth Coneflower 2020 Bi 2-High Endangered Endangered G2G3 S1S2 Vascular Plant 19778 Enemion biternatum Eastern Isopyrum 2020-03-15 B 2-High --- Special G5 S2 Concern Vulnerable Vascular Plant 13357 Fleischmannia Pink Thoroughwort 2017-08-15 B 2-High --- Significantly G5 S2 incarnate Rare Other Vascular Plant 37155 Heteranthera Atlantic Mud-plantain 2015-08-07 E 2-High --- Significantly G3? S1 pauciflora Rare Peripheral Vascular Plant 16437 Liatris squarrulosa Earle's Blazing-star 2020-08-07 A 2-High --- Significantly G4G5 S2 Rare Peripheral Vascular Plant 27959 Liatris squarrulosa Earle's Blazing-star 2010-06-07 A 2-High --- Significantly G4G5 S2 Rare Peripheral Vascular Plant 25481 Liatris squarrulosa Earle's Blazing-star 2010-06-07 CD 1-Very --- Significantly G4G5 S2 High Rare Peripheral Page 5 of 10 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Nam]rO Element Accuracy Federal State Global State Group 9 bservation Occurrence Status Status Rank Rank Date Rank Vascular Plant 22517 Liatris squarrulosa Earle's Blazing-star 2014-05-24 BC 2-High --- Significantly G4G5 S2 Rare Peripheral Vascular Plant 22494 Liatris squarrulosa Earle's Blazing-star 2007-11-20 D 2-High --- Significantly G4G5 S2 Rare Peripheral Vascular Plant 6398 Lithospermum Hoary Puccoon 1986 E 3-Medium --- Threatened G5 S2 canescens Vascular Plant 12670 Lithospermum Hoary Puccoon 2020-04-08 BC 2-High --- Threatened G5 S2 canescens Vascular Plant 11284 Lithospermum Hoary Puccoon 2021-04-28 BC 2-High --- Threatened G5 S2 canescens Vascular Plant 18728 Lithospermum Hoary Puccoon 2013-04-25 E 2-High --- Threatened G5 S2 canescens Vascular Plant 31168 Lithospermum Hoary Puccoon 2011-10-25 F 2-High --- Threatened G5 S2 canescens Vascular Plant 4649 Oligoneuron jacksonii Southeastern Bold 1951-09-22 H 4-Low --- Significantly G5T4 S2 Goldenrod Rare Peripheral Vascular Plant 8871 Parthenium Glade Wild Quinine 2007-11-20 A 3-Medium --- Significantly G3G4 S3 auriculatum Rare Throughout Vascular Plant 4604 Parthenium Glade Wild Quinine 1991-05-18 D 3-Medium --- Significantly G3G4 S3 auriculatum Rare Throughout Vascular Plant 16359 Parthenium Glade Wild Quinine 2020-08-07 AB 3-Medium --- Significantly G3G4 S3 auriculatum Rare Throughout Vascular Plant 1007 Parthenium Glade Wild Quinine 2020-08-07 AB 2-High --- Significantly G3G4 S3 auriculatum Rare Throughout Vascular Plant 13514 Parthenium Glade Wild Quinine 2010-06-07 A 2-High --- Significantly G3G4 S3 auriculatum Rare Throughout Page 6 of 10 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Statui., Rank Rank Date _ Rank _ Vascular Plant 22484 Parthenium Glade Wild Quinine 2019-12-10 C 2-High --- Significantly G3G4 S3 auriculatum Rare Throughout Vascular Plant 39506 Parthenium Glade Wild Quinine 2020-04-21 C 2-High --- Significantly G3G4 S3 auriculatum Rare Throughout Vascular Plant 3803 Prunus susquehanae Susquehanna Cherry 1950-05-10 H 3-Medium --- Significantly G5T4T SH Rare 5 Peripheral Vascular Plant 27372 Ranunculus micranthusRock Buttercup 2011-06-07 E 3-Medium --- Significantly G5 S1 Rare Peripheral Vascular Plant 33116 Rhus michauxii Michaux's Sumac 2020-09-01 A 2-High Endangered Endangered G2G3 S2 Vascular Plant 6505 Ruellia humilis Low Wild-petunia 1985-06-20 H 3-Medium --- Threatened G5 S1 Vascular Plant 16367 Ruellia humilis Low Wild-petunia 2011-06-21 E 3-Medium --- Threatened G5 S1 Vascular Plant 14907 Ruellia purshiana Pursh's Wild-petunia 2020-05-12 A 2-High --- Special G3 S2 Concern Vulnerable Vascular Plant 4330 Scirpus pendulus Rufous Bulrush 1968-05-29 H 4-Low --- Significantly G5 S1 Rare Other Vascular Plant 1746 Scutellaria leonardii Shale-barren Skullcap 1986 H 3-Medium --- Endangered G4T4 S2 Vascular Plant 17140 Scutellaria leonardii Shale-barren Skullcap 1987-10-16 H 3-Medium --- Endangered G4T4 S2 Vascular Plant 27955 Scutellaria leonardii Shale-barren Skullcap 2017-05-02 B 2-High --- Endangered G4T4 S2 Vascular Plant 9264 Scutellaria leonardii Shale-barren Skullcap 2011-06-09 C 2-High --- Endangered G4T4 S2 Vascular Plant 18418 Silphium Prairie Dock 1986 X 3-Medium --- Significantly G4G5 S2 terebinthinaceum Rare Peripheral Vascular Plant 10807 Silphium Prairie Dock 2020-08-07 A 2-High --- Significantly G4G5 S2 terebinthinaceum Rare Peripheral Vascular Plant 25587 Silphium Prairie Dock 2020-08-07 Cr 2-High --- Significantly G4G5 S2 terebinthinaceum Rare Peripheral Vascular Plant 24870 Silphium Prairie Dock 2006-09-26 CD 2-High --- Significantly G4G5 S2 terebinthinaceum Rare Peripheral Page 7 of 10 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Namen Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Vascular Plant 20388 Silphium Prairie Dock 2019-08-26 CD 2-High --- Significantly G4G5 S2 terebinthinaceum Rare Peripheral Vascular Plant 18698 Silphium Prairie Dock 2006-09-26 D 2-High --- Significantly G4G5 S2 terebinthinaceum Rare Peripheral Vascular Plant 22140 Silphium Prairie Dock 2006 F 2-High --- Significantly G4G5 S2 terebinthinaceum Rare Peripheral Vascular Plant 14299 Symphyotrichum Narrow-leaved Smooth 1945-10-14 H 3-Medium --- Endangered G5T4 S2 concinnum Aster Vascular Plant 22474 Symphyotrichum Narrow-leaved Smooth 2005-10-20 CD 2-High --- Endangered G5T4 S2 concinnum Aster Vascular Plant 25585 Symphyotrichum Narrow-leaved Smooth 2020-11-02 Ar 2-High --- Endangered G5T4 S2 concinnum Aster Vascular Plant 24004 Trifolium reflexum Buffalo Clover 1950-05-21 H 3-Medium --- Threatened G3G4 S1S2 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating Catsburg Natural Area R2 (Very High) C3 (High) Middle Eno River Bluffs and Slopes R2 (Very High) C3 (High) Eno River Diabase Sill R1 (Exceptional) C2 (Very High) Hebron Road Remnant Glade R2 (Very High) C3 (High) Lower Eno River/Little River Bottomlands R3 (High) C5 (General) Pennys Bend/Eno River Bluffs R1 (Exceptional) C3 (High) Falls Lake Shoreline and Tributaries R3 (High) C3 (High) Managed Areas Documented Within a One-mile Radius of the Project Area Managed rea ame W uwner===MqOwner Type Eno River Blue Wild Indigo Slopes Registered Eno River Association Private Heritage Area Catsburg Registered Heritage Area US Army Corps of Engineers Federal Pennys Bend/Eno River Bluffs Registered Heritage US Army Corps of Engineers Federal Area Falls Lake US Army Corps of Engineers Federal Page 8 of 10 Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Type Eno River Diabase Sill Plant Conservation Preserve NC Department of Agriculture, Plant State Dedicated Nature Preserve Conservation Program Hebron Road Plant Conservation Preserve NC Department of Agriculture, Plant State Dedicated Nature Preserve Conservation Program Ellerbe Creek Watershed Association Preserve Ellerbe Creek Watershed Association Private Butner-Falls of Neuse Game Land NC Wildlife Resources Commission State Ellerbe Creek Watershed Association Preserve Ellerbe Creek Watershed Association Private Hebron Road Plant Conservation Preserve NC Department of Agriculture, Plant State Conservation Program City of Durham Open Space City of Durham Local Government City of Durham - Lakeview Park City of Durham Local Government City of Durham Open Space City of Durham Local Government Eno River Diabase Sill Plant Conservation Preserve NC Department of Agriculture, Plant State Conservation Program Eno River Association Preserve - Blue Indigo Eno River Association Private Preserve USFWS Critical Habitat - Neuse River Waterdog US Fish and Wildlife Service Federal USFWS Critical Habitat - Carolina Madtom US Fish and Wildlife Service Federal Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.orq/helr). Data query generated on September 23,2021;source: NCNHP, Q2 July 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 9 of 10 NCNHDE-15821 : Eno Venture Park stile t 40 1 I tie bra n Rd ; O _ c E C�`, �a 1 �o Srr,,moson.p � 2 � rf ' a No- w + September 23,2021 1:27.808 Project Boundary o 0,225 045 o.s mi Buffered Project Boundary 0 0 375 0.75 1.5 km ® NHP Natural Area (NHNA) Sources Esn,HERE,Garmn,Intermap increment P Corp GEBCO.USGS. FAO,NPS,NRCAN,Geo8ase,IGN,Kadaster NL.Ordnance Survey,Esn Japan ® MET'.Esn China(Hong Kong),(c)OpenStreetMap contrEutors.and the GIS Managed Area(MAREA) User Cornrnunity Page 10 of 10 Species Conclusions Table Project Name: Eno Venture Park Date: October 19,2021 Species/Resource Name Conclusion ESA Section 7/Eagle Act Determination Notes/Documentation Neuse River Waterdog No suitable habitat present No effect Preliminary habitat survey completed by Necturus lewisi S&EC staffon October 5,2021. Carolina NhdtomNoturus No suitable habitat present No effect Preliminary habitat survey completed by furiosus S&EC staff on October 5,2021. Atlantic Pigtoe Fusconaia No suitable habitat present No effect Prelim»nary habitat survey completed by masoni S&EC staff on October 5,2021. Dwvarf Wedgemussel No suitable habitat present No effect Preliminary habitat survey completed by Alasmidonta heterodon SMC staff on October 5,2021. Mchawes Sumac Rhus Suitable habitat present, No effect Preliminary habitat survey completed by michawdi species not present S&EC staff on October 5,2021. Smooth Coneflowr Suitable habitat present, No effect Prelirninary habitat survey completed by Echinacea laevigata species not present SMC staff on October 5,2021. Bald Eagle Unlikely to disturb nesting No Eagle Act permit required Prelim»nary habitat survey completed by Haliaeetus leucocephalus Bald Eagles SMC staffon October 5,2021. Northem Long-eared Bat Suitable habitat present, Nty affect,not likely to adversely effect Relying upon the findings ofthe 1/5/2016 Myotis septentrionalis species not present Programmatic Biological Opinion for Final 4(d)Rule on the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project-specific section 7 responsibilities. Critical Habitat No critical habitat present Species not present Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Mason Nbntgomery/Environmental Scientist,Wetlands Department at S&EC,PA October 19, 2021 Signature/Title Date QpP�MENT OF rho, I ISs&vi�r-s y 20 United States Department of the Interior FISH AND WILDLIFE SERVICE 4RON 3.%6 aF. Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: October 19, 2021 Self-Certification Letter Project Name Eno Venture Park Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended(ESA), and the Bald and Golden Eagle Protection Act(16 U.S.C. 668-668c, 54 Stat. 250), as amended(Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ❑ "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures -project review package 1% WithersRavenet Our People.Your Success. SHPO COMMENT LETTER V. Q, �B Nnv M.la� QIMM VN North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M.Bartos,Administrator Governor Roy Cooper Office of Archives and History Secretary D.Reid Wilson Deputy Secretary,Darin J.Waters,Ph.D. January 26, 2022 Alyssa Ricci ariccikwithersravenel.com WithersRavenel 115 MacKenan Drive Cary,NC 27511 Re: Construct Eno Venture Park, 1507 Hamlin Road, Durham, Durham County, ER 21-3194 Dear Ms. Ricci: Thank you for your letter of December 9, 2021, regarding the above-referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewkncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy (� State Historic Preservation Officer Location:109 East Jones Street,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Fax:(919)807-6570/807-6599 1% WithersRavenet Our People.Your Success. RES STATEMENT OF AVAILABILITY FOR STREAM/WETLAND/BUFFER MITIGATION ores EBX-Neuse I,LLC Stream and Wetland Banks Statement of Availability February 13,2023 U.S.Army Corps of Engineers Jean Gibby Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest,NC 27587 Re Project: Northern Durham Parkway Phase 2 This document confirms that City of Durham (Applicant) for the Northern Durham Parkway Phase 2 (Project)has expressed an interest to utilize 0.138 Riparian Wetland Mitigation Credits from the EBX- Neuse sponsored Neu-Con Wetland & Stream Umbrella Mitigation Bank, specifically wetland credits from the Blackbird Site, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered,please contact me at 919-209-1055 or astaley@res.us. Best Regards, / k Amy Staley Credit Sales Manager Resource Environmental Solutions,LLC 3600 Glenwood Avenue, Suite 100 Raleigh,NC 27612 ores EBX-Neuse I,LLC Stream and Wetland Banks Statement of Availability February 14,2023 U.S.Army Corps of Engineers Jean Gibby Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest,NC 27587 Re Project: Northern Durham Parkway Phase 2 This document confirms that City of Durham (Applicant) for the Northern Durham Parkway Phase 2 (Project) has expressed an interest to utilize 212.00 Stream Mitigation Credits from the EBX-Neuse sponsored Neu-Con Wetland & Stream Umbrella Mitigation Bank, specifically 212.00 stream credits from the Bucher Site, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered,please contact me at 919-209-1055 or astaley@res.us. Best Regards, _A7 �tt_ Amy Staley Resource Environmental Solutions,LLC 3600 Glenwood Avenue, Suite 100 Raleigh,NC 27612 ores EBX Buffer Mitigation Banks Statement of Availability February 13, 2023 NC Division of Water Resources Zachary Thomas 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Northern Durham Parkway Phase 2 This document confirms that City of Durham (Applicant) for the Northern Durham Parkway Phase 2 (Project) has expressed an interest to utilize 57,519.00 Square Feet of Riparian Buffer Mitigation Credits from one of the following banks, EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, or RES 2022 Phase II Umbrella Mitigation Bank. Specific bank sites that may be debited are Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Bucher, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek, Polecat, Wolf King and Thunder Swamp Phase II Bank, all located in HUC 03020201. As the official Bank Sponsor, Environmental Banc & Exchange (EBX), attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley@res.us if you have any questions. Thank you! Amy Staley Credit Sales Manager Bank Sponsor— Environmental Banc & Exchange (EBX) 1% WithersRavenet Our People.Your Success. I M PACT EXHIBITS j VICINITY MAP WETLAND D' 14, �l;%i�it � f I STAIt NLEVRp �. � HEBRON RD- c�l 1� J N NORTHERN DURHAM PARKWAY PHASE 2 / / /� \ "\\STREA A 2 \\\\1 PROJECT LIMITS` NTERMI1tiNT \\\ \ / v �v��� i ✓ \ PROPOSED SC // \ w (WETLAND) - \\ \�� ��PROPOSED SCM \ �li�WEAND) STREAM 3 \ ADJACENT PERENNIAL TENT EE`ANMNIA6L ENTINTERMI A COMMERCIALIINDUSTRIAL PARK USACE AID S / \ ) \ \\\ 1 I AW-2021-02316 l / vv 1 r ADJACENT \ \ �, PROPOSED SCM /// TO BE PERMITTED SEPARATELY / I �/// �� � � � 1 (WETLAND) �� — �, , ••'� ••� / �= �v � \ / �/ / — //�/ � \ \� /� COMMERCIAL/INDUSTRIAL PARK USACE AID SAW-2021-02316 TO BE PERMITTED SEPARATELY JJ STREAM 1 ,c _ PERENNIAL // �1 �\ J I 1\\\\�1 lI \ - WETLAND E - PROPOSED SCM3ff \ ( , \ /I ��+ _ - /� �i ✓ //�� � ^ \ I/ Ill // //j� II/ / / \\ _ TLAND) � / �1� —� ., /i�/� / � �\\ \ ✓/ ..._ \\ \ \ 1 WE DBTLAN IV _ It EXISTING PUBLIC \�1" // — //j \PROPOSED SCM\` J / \ \ \ r �\ ` 1 `� SHEET A / (WETLAND) �� / ( ~� L\\ \ %// III �I \\ WETLAND&STREAM \\\\ \ � ^SANITARY SEWER MAIN — ///�� \ \\ \ /\\\\ \ - /i \� ✓ �� / \ \\/ �/ ��\\ IMPACT LEGEND ) STREAM 1 /� ��—rTr / / 1 \// / I I ) I \ \ \ I / - P RAP DISSIPATOR! \\\� III // — `\ —' \� // I l\ I I I / / \ >1 I / J I I� /� � \ / I �� \\\ 1 III I �/ // J PERMANENT IMPACTS V STREAM 4 ' j Z / \ J/ / \\ —~ \ / I I// j ■ WETLAND INTERMITTENT PROPOSED — ' // //// / ■ STREAM FUNCTIONAL LOSS SCM(POND) / �t Po I - \\\\\�\ //- f �7 / ,//////r�///(I STREAM NO —y I I I�\ �\1`1/(�'1 I I I .\ /^ ■ FUNCTIONAL LOSS \\\\�\\\\� / ✓ \\ \ d/ \_ /�i� // \\ ■ OPEN WATERS /__\ I/'I E \ _ \\\\\\\ \\\ �� WETLAND \I I / \ \ ( // ` El ZONE 1 VA �\ — GRAPHIC SCALE ■ ZONE a l 300 0 150 300 600 TEMPORARY IMPACTS \ \\ \ \ \ \\\ �, I I I —T 1 inch=300 ft. STREAM i No. Revision Date B Designer Scale She N. WR AS NOTED NORTHERN DURHAM STREAM WETLAND BUFFER �0 WithersRavenel Drawn By Date 1 I ! WR 10/14/2022 Engineers I Planners I Surveyors B7 i Checked By ]oh No. PARKWAY PHASE 2 & OPEN WATER IMPACTS 115 MacKenan Drive INC 27511 L i WR 02211079.00 t:919.469.3340 1 license#:F-1479�www.withersravenel.com CULVERT UPSTREAM INVERT CULVERT DOWNSTREAM INVERT Lu OVERALL BUFFER,OPEN WATER,STREAM AND WETLAND IMPACT SUMMARY Lu 320 320 320 320 PERMANENTZONE1 PERMANENTZONE2 PERMANENT TEMPORARY PERMANENT PERMANENT PERMANENT Z (FUNCTIONAL LOSS) (NO FUNCTIONAL LOSS) F IMPACT SPECIFICATION c� BUFFER BUFFER OPEN WATER STREAM STREAM STREAM WETLANDS l (LF) (SF) (AC) (LF) (SF) (AC) (SF) (AC) (LF) (SF) (AC) (LF) (SF) (AC) (LF) (SF) (AC) (SF) (AC) 61 ROAD&GRADING 194 12,566 0.288 167 13,214 0.303 315 315 315 315 SCALE. 01 ROAD&GRADING - - - - - 12,149 0.279 - - - - - - - - S1 CULVERT INSTALLATION 10 45 0.001 1 " = 50' HORIZ. 1 " = 5' V E RT. S2 ROAD CROSSING 106 754 0.017 310 310 310 310 S3 RIP-RAP DISSIPATOR 43 262 0.006 W1 GRADING 3,016 0.069 194 12,566 0.288 167 13,214 0.303 12,149 0.279 10 45 0.001 106 754 0.017 43 262 0.006 3,016 0.069 l'EO£:(3N)1 \ 305 - - 305 305 305 / I ( I I II I I I I x )SS \ \� \\ \ \ \ \\ \ \ \ I I EXISTING PUBLIC IMPACT#B1 I SANITARY SEWER MAIN \ PERMANENT BUFFER I I � 1 �( W I ® L ROADWAY&GRADING I J �'6°\ S l 1 \ \ \ \ �\ \\ \W ZONE 1=12,566 SF(0.288 AC) G \ \ W 300 300 300 300 ZONE 2=13,214 SF(0.303 AC) I I \ \ 0+50 1+00 1+50 0+50 1+00 1+50 I p0 \ W \ I Jid NORTH RHAM PARKWA / _�� o� \ IMPACT#S1 ' / \ \ ` \ \\ WETLAND&STREAM _ ORARYSTREA �i, \ IMPACT#S3 IMPACT LEGEND CULVERT TION _ ✓ ' �', I PERMANENT STREAM C(10 LF/45 SF) �� f �\ RNP RAPDISSIPATORFUNCTIONAL LOSS) PERMANENT IMPACTS Hl NIVW3a Ol \�1 \�\ \ 0.006 AC(43 LF/262 SF) \\ WETLAND Vd IIOS ONIISIX3 (SEE DISSIPATOR DETAIL, / SHEET B) \ STREAM \ \ \ \ \ 1 \ ■ FUNCTIONAL LOSS IMPACT#S2 / RIP RAP DISSIPATOR PERMANENT STREAM �\ � `I � / \ \ \ � � o \ \ ` \ ■ STREAM NO \\\ POND 1'I I / j>� (FUNCTIONAL LOSS) / / \ STREAM 1 \ \ \\` \ \ FUNCTIONAL LOSS 1 CROSSING Z 0.017 AC( 6 LFI754SF) / / \PERENNIAL OPEN WATERS III IILI ��II �II�(�I(` \ \ ;10\ / \v ■ E FL FL 4F�d X3 FL— I I I I I I I I I FI I I I I �F�� \ \ \ \ \ \\ y \ / I , ZONE I \\� �I I I I \ \ \ \ \ 1 I ❑ 5. I �� IMPACT#01 \ GRAPHIC SCALEIMPACT#Wl ■ ZONE2 NOON— PERMANENT WETLAND PERMANENT POND \ ° GRADING ROAD&GRADING \\ I \\ \\ \ \ so o zs so 10o TEMPORARY IMPACTS 12,149 SF(0.279 AC) \ V 'mooNO \ STREAM 1 inch=50 Ft. i No. Revision Date By Illn—i—, Scale WR AS NOTED NORTHERN DURHAM STREAM, WETLAND, BUFFER �� WithersRavenel sEr,•. Dra By Date ! wn WR 10/14/2022 1/ Engineers I Planners I Surveyors n i Checked By ]oh No. PARKWAY PHASE 2 & OPEN WATER IMPACTS 115 MacKenan Drivel Cary,INC 275 H i WR 02211079.00 t:919.469.3340�license#:F-14791 www.withersrsravenel.com "A" T" "C', D WO (PIPE DIAMETER) WATER SURFACE PROFILE (NOMINAL) PROPOSED GRADE LB(LENGTH OF BASIN) AT DESIGN FLOW LS(LENGTH OF POOL) LA(LENGTH OF APRON) Q 2 2 �1 1� RIP-RAP TO EXISTING GRADE LEVEL SLOPE RIP-RAP AT 2:1 TO EXISTING IF PLAIN END Q r, RIP-RAP LINING GEOTEXTILE FABRIC n^ SEE TABLE FOR SIZE AND DEPTH (NCDOT STANDARD q, p� SPECIFICATION 3 1 ,� 14--0 INCISE PIPE FOR AQUATIC PASSAGE SECTION 1056 TYPE 2) Q Q �p��'y q�� (SEE PLAN&TABLES FOR INVERT) q�q�ypy Q SECTION"A-A" SEE PROFILE SEE PROFILE Op �EVE� OQ OQ� WATER SURFACE PROFILE Q J ^ 2'1 m AT DESIGN FLOW M z DI POOL I � _ o A INVERT AT END OF PIPE PIPE BEYOND o o (HORIZONTAL FLOOR) APRON F (PIPE INCISED FOR AQUATIC PROPOSED GRADE Q I a Z U Uj w �OQ PASSAGE) gAge>,�� 212 h(POOL DEPTH) T GEOTEXTILE FABRIC Q (NCDOT STANDARD OQ Q RIP-RAP LINING SPECIFICATION "All � SEE TABLE FOR SIZE AND DEPTH SECTION 1056-TYPE 2) OQ SECTION"B-B" RIP-RAP LINING SEE TABLE FOR SIZE AND DEPTH „C„ WATER SURFACE PROFILE EXISTING GRADE AT DESIGN FLOW PIPE BEYOND EXISTING GRADE � PROPOSED GRADE o /PLAN 2 APRON 2 —11 1 (LEVEL) 1� LB(LENGTH OF BASIN) Ls(LENGTH OF POOL) LA(LENGTH OF APRON) RIP-RAP LINING END OF APRON TO CONFORMTO EXISTING SEE TABLE FOR SIZE AND DEPTH INCISE RIP RAPRTO MATCH EAM CHANNEL GEOTEXTILE FABRIC s WATER SURFACE PROFILE ( (NCDOT STANDARD SPECIFICATION AT DESIGN FLOW EXISTING CROSS-SECTION) SECTION 1056-TYPE 2) SECTION"C C" RIP RAP LINING SEE TABLE FOR SIZE AND DEPTH WATER SURFACE PROFILE WB(WIDTH OF BASIN) \ PROPOSED GRADE AT DESIGN FLOW (AT END OF APRON) E \ Y YD TW(TAILWATER) B LEVEL j \ PIPE BEYOND 2 2 1 hs(POOL DEPTH) LEVEL 1 p T'Jp 7-EXISTING STREAM L - - ��� T 0 QD T ?'0 CHANNEL BOTTOM E t GEOTEXTILE FABRIC T w INCISE PIPE FOR AQUATIC PASSAGE CHANNEL ELEVATION RIP RAP THICKNESS (NCDOT STANDARD (SEE PLAN&TABLES FOR INVERT) (PIPE INCISED) T,=2d50 OR 1.5dMAX SPECIFICATION RIP-RAP LINING GEOTEXTILE FABRIC (NCDOT STANDARD Tz=3d50 OR 2 dMAX SECTION 1056 TYPE 2) SEE TABLE FOR SIZE AND DEPTH END OF APRON TO CONFORM TO EXISTING SPECIFICATION (SEE DIMENSION TABLE) STREAM CHANNEL(INCISE RIP-RAP TO SECTION 1056-TYPE 2) E PROFILE RIP-RAP BASIN ENERGY D I SS I PATO R MATCH EXISTING CROSS-SECTION) 3 BASED ON HEC-14 NOT TO SCALE SECTION"D-D" o No. Revision I Date I BV 111r)—ign- ScaleIII WR A3N°TED NORTHERN DURHAM STREAM WETLAND BUFFER �� WithersRavenel No [Dra—By Date / / Engineers I Planners I Surveyors B WR 0221,079.0 PARKWAY PHASE 2 & OPEN WATER IMPACTS,By Job No. 115 MacKenan Drive I Cary,NC 27511 j WR 02211079.00 t:919.469.3340 1 license#:F-1479 I www.withersraveneLcom