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HomeMy WebLinkAbout20230567 Ver 1_PCN Attachments_Wesley Downs_20230418 PCN Attachments 1. AGENT AUTHORIZATION 2. NCDWR PRE-FILING ACKNOWLEDGEMENT 3. USGS TOPO VICINITY MAP 4. NRCS COUNTY SOIL SURVEY VICINITY MAP 5. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE EMAIL) 6. S&EC SKETCH MAP 7. NCDWR BUFFER DETERMINATION LETTER 8. S&EC THREATENED & ENDANGERD SPECIES REPORT 9. USFWS EMAIL RESPONSE/CONCURRENCE 10.STATE HISTORIC PRESERVATION OFFICE LETTER 11. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS 12.IMPACT EXHIBITS 13. POST-CONSTRUCTION DRAINAGE AREA MAP Soil & Environmental Consultants, PA 8412 Falls of Neuse Road,Suite 104,Raleigh,NC 27615•Phone:(919)846-5900• Fax:(919)846-9467 ll saudec.com AGENT AUTHORIZATION Project Name/Description: Wesley Downs S&EC Project# 14588 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington,NC 28403 Attn: April Norton Field Office: Regulatory Field Office I,the undersigned, authorizes S&EC, as my agent,to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s)(PIN): 0850-36-28-2845, 0850-46-37-8567, 0850-46-36-6064, 0850-46-34-8132, 0850-46-42-4997. 0850-46-64-2594&0850-46-77-2810 Site Address: City, County, State: Durham, Durham, NC APPLICANT INFORMATION: Name: Charlie Yokley Mailing Address: 1100 Perimeter Nark Drive Suite 112 Morrisvilie NQ 2 560 Telephone Nnmhe:r- _ 919-236-3052 Email: Char11C.�(OKitlyt UiClIffill.COI11 Charlie Yokley 9/7/2022 Applicant(please print) Doc„sig"ed Date Applicant Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Deborah Shirley From: Deborah Shirley Sent: Thursday, September 8, 2022 11:47 AM To: 401 PreFile@ncdenr.gov; Cohn, Colleen M Subject: DWR Pre-Filing Meeting Request-Wesley Downs Attachments: 10-LEN20040 C3.00 Overall Grading Plan.pdf Colleen, Please see the project details below and let me know if a DWR Pre-Filing Meeting is needed. Contact: Deborah Shirley Contact Email address: dshirley@sandec.com Project Applicant: Lennar Corporation-Raleigh Division : Charlie Yokley Project Name: Wesley Downs Project County: Durham Is this a Transportation Project: No Types of Approvals Sought from DWR: 401 WQC Types of Approvals Sought from USACE: NWP 29 Does this project have an existing project ID#? No Name of staff member you would like to request a meeting with? Colleen Cohn Brief Description of the proposed project: The proposed Wesley Downs Grove project is located on the east and west side of Broach Road, south of Holder Road in Durham, Durham County, NC.The project is approximately 60 acres.The project purpose is to construct a mixed single family and multi-family residential development and its necessary infrastructure including but not limited to; residential lots, roadway infrastructure, SCM's, and utilities. Site plan attached. Thanks, DEBORAH E. SHIRLEY Project Manager-Regulatory Specialist Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road,Suite 104 Raleigh, NC 27615 Office (919)846-5900 Direct(919) 256-4512 1 Mobile(919)673-8793 dshirley@sandec.com Visit us at sandec.com This electronic communication,including all attachments,is intended only for the named addressee(s)and may contain confidential information.This electronic communication may not have passed through our standard review/quality control process.Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design.Rely only on final,hardcopy materials bearing the consultant's original signature and seal.If you are not the named addressee(s),any use,dissemination,distribution or copying of this communication is prohibited.If you have received this electronic communication in error,please notify the sender by return e-mail and delete the original communication from your system.Thank you. Please consider the environment before printing this email. 2 1 f �RTHCAW , � + �; ,�1 NJ EAW NI , 1 - f ,t yJC LEYIEYV LN\ MOCKINGBIRD Pond L-MAR DR ' � ,'� y� / � I �f f-fir �.�'') ,r' J � ,'`\ I 1^./�t t J,1 \` fit•, � �1 UJ —06 7- PLA J - Project Number: Map Title: N 14588.W1 0 1,000 2,000 Project Manager: Figure 1 - USGS Map I I I I I I I I SB Holder Broach Feet Scale: 1 1000' Durham County, NC " = boll& Environmental Consultants, PA Date: Source: USGS Durham 01/24/2 021 Count Quad Ndl2I alb ul\eu.e RmJ,tiuils IOJ.Rdn�,\C 2/413•Rune(919)�•3�b•,ax(919)«.6.A16 uad °�°° 1 Cr�� f `f � - y ►i.. •1WSC' IIfB -� + rHsC Ch r E1 I Ch t" WSB�' WSE WSC \ y vise _ IrC' y \ Ws8 h r� Q sB I IrB 0 _1 WSC WsC irBUrB } wU F q ti .A,= Cie / E Ws 'r M Pond 2 Atsc Cr ,tom, .•r `, v1 sC `f# ,�1 �` � w5c ' l / � �,. CrB ``WSBS `\ Cr8 Cr Ilk j I I WsC `. t s INS(- ��\ Ws8 r.+ W5fl �d Project Number: Map Title: N 14588.W1 0 1,000 2,000 Project Manager: Figure 2- Soil Survey Map I i i i I i i i I SB Holder Broach Feet Scale: 1 1000' Durham County, NC " = Soil & Environmental Consultants, PA Date: Source: Durham County 01/2 4/2 0 21 x412 I dl.ul.\eu.e RwJ,tiuils io.l.Rd,,..NC21413•Rwnr(919)�•1W10•Fu(919)Mi6.9K Soil Survey Sheet 27 ,&— U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00741 County:Durham U.S.G.S.Quad:NC-Southeast Durham NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Soil and Environmental Consultants,PA. Attn: Steven Ball Address: 8412 Falls of Neuse Road Raleigh,North Carolina 27615 Telephone Number: 919-691-2114 E-mail: sballAsandec.com Size(acres) —60 Nearest Town Durham Nearest Waterway Little Lick Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.966776 Longitude:-78.817670 Location description: The project area is located at 344 Broach Road in Durham,Durham County,North Carolina.The property boundary is shown on the attached,"Wetland Sketch Map"and dated 10/22/2021.The preliminary_jurisdictional determination portion is shown in the red polygon on the attached map,the approved jurisdictional determination portion is shown on the attached map and labeled"Isolated Wetland" (Wl)and "Isolated Pond"(Pond 1). Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403). The waters,including wetlands have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable.The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/22/2021. Therefore,this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. ❑ There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). However,since the waters,including wetlands have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters, including wetlands on your project area/property delineated.As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters,including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. SAW-2021-00741 ❑We recommend you have the waters,including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑The waters,including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/22/2021.We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. ❑The waters,including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on10/22/2021.Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. 0 There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact April Norton at 919-554-4884 Ext.57 or April.R.Norton(&usace.armv.mil. C. Basis For Determination: See the approved and preliminary iurisdictional determination forms dated 10/22/2021. D. Remarks: The approved jurisdictional determination includes isolated waters Pond 1 and Wetland WL All other features are considered potentially jurisdictional. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)forth. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr.Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW,Floor M9 Atlanta,Georgia 30303-8803 AND PHILIP.A.SHANNINnUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by Not applicable. SAW-2021-00741 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 10/22/2021 Expiration Date of AJD: 10/22/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete our Customer Satisfaction Survey,located online at https://re ug latoiy.00ps.usace.aM.mil/customer-service-survey/. SAW-2021-00741 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/Pp=136:4:0 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Soil and Environmental Consultants,PA., File Number: SAW-2021-00741 Date: 10/22/2021 Attn: Steven Ball Attached is: See Section below INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A PROFFERED PERMIT(Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D © PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.Lmy.mil/Missions/CivilWorks/Re ug latoryProaramandPennits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns, (b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division MR.PHILIP A. SHANNIN Attn:April Norton ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9 3331 Heritage Trade Drive,Suite 105 ATLANTA,GEORGIA 30303-8803 Wake Forest,North Carolina 27587 PHONE: (404)562-5136;FAX(404)562-5138 EMAIL:PHILIP.A.SHANNIN(&USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation,and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn:April Norton,69 Darlington Avenue,Wilmington,North Carolina 28403 For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 1OM15,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/22/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Soil and Environmental Consultants,PA., Attn: Steven Ball, 8412 Falls of Neuse Road,Raleigh,North Carolina 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,Holder Broach, SAW-2021- 00741 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located at 344 Broach Road in Durham, Durham County,North Carolina. The property boundary is shown on the attached, "Wetland Sketch Map"and dated 10/22/2021. The preliminary jurisdictional determination is shown with the red polygon on the attached map,the approved jurisdictional determination is shown on the attached map and labeled"Isolated Wetland(WI) and Isolated Pond(Pond 1). (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State:NC County: Durham City: Durham Center coordinates of site (lat/long in degree decimal format): Latitude: 35.966776 Longitude: -78.817670 Universal Transverse Mercator: 17 Name of nearest waterbody: Little Lick Creek E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 10/22/2021 0 Field Determination. Date(s): 5/13/2021 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION Site Number Latitude(decimal Longitude Estimated amount Type of aquatic Geographic degrees) (decimal degrees) of aquatic resource(i.e., authority to which resource in review wetland vs.non- the aquatic area(acreage and wetland waters) resource"may be" linear feet,if subject(i.e., applicable) Section 404 or Section 10/404 A 35.96539 -78.82264 1454 feet Non-wetland waters Section 404 B 35.96861 -78.82109 609 feet Non-wetland waters Section 404 Pond 2 35.965792 -78.815607 0.31 acres Non-wetland waters Section 404 W2 35.9683 -78.82287 1.14 acres Wetland Section 404 W3 35.966498 -78.822307 0.11 acres Wetland Section 404 W4 135.965907 -78.822215 10.11 acres I Wetland I Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD(check all that apply)Checked items are included in the administrative record and are appropriately cited: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: S&EC Map:Wetland Sketch May,dated 10/22/2021 ❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑X Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ❑Data sheets prepared by the Corps: ❑Corps navigable waters'study: ❑U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑USGS 8 and 12 digit HUC maps: ❑X U.S.Geological Survey map(s).Cite scale&quad name: 1"=1000' & 2019 NC Durham Quad ❑X Natural Resources Conservation Service Soil Survey. Citation: Durham County Soil Survey Sheet 27 ❑National wetlands inventory map(s). Cite name: ❑State/local wetland inventory map(s): ❑FEMA/FIRM maps: ❑100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑Photographs: ❑ Aerial (Name & Date): or ❑ Other(Name&Date): ❑Previous determination(s). File no. and date of response letter: ®Other information(please specify): DWR Buffer Determination Letter and APT IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 10/22/2021 impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. APPROVED JURISDICTIONAL DETERMINATION FORM U.S.Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD): 10/22/2021 B. DISTRICT OFFICE,FILE NAME,AND NUMBER:Raleigh Field Office,Holder Broach,SAW-2021-00714 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough:Durham City:Durham Center coordinates of site(lat/long in degree decimal format): Lat.35.966776'J,Long.-78.817670'�. Universal Transverse Mercator: Name of nearest waterbody:Little Lick Creek Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows:Neuse River Name of watershed or Hydrologic Unit Code(HUC):03020201 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): Office(Desk)Determination. Date: 10/22/2021 ® Field Determination. Date(s):05/13/2021 (USACE),04/27/2021 (NCDWR) SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick List "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Pick List"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S.in review area(check all that apply):r ❑ TNWs,including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent waters'(RPWs)that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ® Isolated(interstate or intrastate)waters,including isolated wetlands b. Identify(estimate)size of waters of the U.S.in the review area: Non-wetland waters:2744 linear feet: width(ft)and/or acres. Wetlands: 1.82 acres. c.Limits(boundaries)of jurisdiction based on:Not Applicable. Elevation of established OHWM(if known): 2. Non-regulated waters/wetlands(check if applicable):3 ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:Pond 1 was determined to have been constructed in a low area,not containing waters of the US.Wetland 1 appears to have developed overtime as a direct result of Pond 1. Both features are determined to be isolated under the pre-2015 rules. Boxes checked below shall be supported by completing the appropriate sections in Section III below. Z For purposes of this form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least"seasonally" (e.g.,typically 3 months). s Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,complete Section III.A.1 and Section III.D.1.only;if the aquatic resource is a wetland adjacent to a TNW,complete Sections HI.A.1 and 2 and Section III.D.1.;otherwise,see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is"adjacent': B. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands,if any,and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are"relatively permanent waters"(RPWs),i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3 months).A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round (perennial)flow,skip to Section III.D.2.If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW,or a wetland directly abutting an RPW,a JD will require additional data to determine if the waterbody has a significant nexus with a TNW.If the tributary has adjacent wetlands,the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary,or its adjacent wetlands,or both.If the JD covers a tributary with adjacent wetlands,complete Section III.B.1 for the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite and offsite.The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑Tributary flows directly into TNW. ❑Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial(straight)miles from TNW. Project waters are Pick List aerial(straight)miles from RPW. Project waters cross or serve as state boundaries.Explain: Identify flow route to TNW5: Tributary stream order,if known: 'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and West. s Flow route can be described by identifying,e.g.,tributary a,which flows through the review area,to flow into tributary b,which then flows into TNW. (b) General Tributary Characteristics(check all that apply): Tributary is: ❑Natural ❑Artificial(man-made). Explain: ❑Manipulated (man-altered). Explain: Tributary properties with respect to top of bank(estimate): Average width: feet Average depth: feet Average side slopes:Pick List. Primary tributary substrate composition(check all that apply): ❑ Silts ❑ Sands ❑Concrete ❑Cobbles ❑Gravel ❑Muck ❑Bedrock ❑Vegetation. Type/%cover: ❑Other.Explain: Tributary condition/stability[e.g.,highly eroding,sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry:Pick List Tributary gradient(approximate average slope): % (c) Flow: Tributary provides for:Pick List Estimate average number of flow events in review area/year:Pick List Describe flow regime: Other information on duration and volume: Surface flow is:Pick List. Characteristics: Subsurface flow:Pick List. Explain findings: ❑Dye(or other)test performed: Tributary has(check all that apply): ❑Bed and banks ❑OHWM'(check all indicators that apply): ❑ clear,natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down,bent,or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other(list): ❑Discontinuous OHWM.1 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits(foreshore) ❑physical markings; ❑ physical markings/characteristics ❑vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other(list): (iii) Chemical Characteristics: Characterize tributary(e.g.,water color is clear,discolored,oily film;water quality;general watershed characteristics,etc.). Explain: Identify specific pollutants,if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction(e.g.,where the stream temporarily flows underground,or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime(e.g.,flow over a rock outcrop or through a culvert),the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports(check all that apply): ❑ Riparian corridor. Characteristics(type,average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑Federally Listed species. Explain findings: ❑Fish/spawn areas.Explain findings: ❑Other environmentally-sensitive species. Explain findings: ❑Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries.Explain: (b) General Flow Relationship with Non-TNW: Flow is:Pick List.Explain: Surface flow is:Pick List Characteristics: Subsurface flow:JJJkK1W. Explain findings: ❑Dye(or other)test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑Directly abutting ❑Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity(Relationship)to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial(straight)miles from TNW. Flow is from:Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system(e.g.,water color is clear,brown,oil film on surface;water quality;general watershed characteristics;etc.). Explain: Identify specific pollutants,if known: (iii)Biological Characteristics. Wetland supports(check all that apply): ❑ Riparian buffer. Characteristics(type,average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑Federally Listed species. Explain findings: ❑Fish/spawn areas.Explain findings: ❑Other environmentally-sensitive species. Explain findings: ❑Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary(if any) All wetland(s)being considered in the cumulative analysis:Pick List Approximately( )acres in total are being considered in the cumulative analysis. For each wetland,specify the following: Directly abuts?(Y/N) Size(in acres) Directly abuts?(Y/N) Size(in acres) Summarize overall biological,chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity of a TNW. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow of water in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and discussed in the Instructional Guidebook.Factors to consider include,for example: • Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW? • Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or biological integrity of the TNW? Note:the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to Section IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width(ft),Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area(check all that apply): ' Tributary waters: linear feet width(ft). Other non-wetland waters: acres. Identify type(s)of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a TNW is jurisdictional.Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area(check all that apply): ❑ Tributary waters: linear feet width(ft). ❑_ Other non-wetland waters: acres. Identify type(s)of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section IILD.2,above.Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters 9 As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from"waters of the U.S.,"or Demonstrate that water meets the criteria for one of the categories presented above(1-6),or Demonstrate that water is isolated with a nexus to commerce(see E below). E. ISOLATED[INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY SUCH WATERS(CHECK ALL THAT APPLY):ro ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: 'See Footnote#3. 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category,Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area(check all that apply): ' Tributary waters: linear feet width(ft). Other non-wetland waters: acres. Identify type(s)of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ® Review area included isolated waters with no substantial nexus to interstate(or foreign)commerce. ® Prior to the Jan 2001 Supreme Court decision in"SWANCC,"the review area would have been regulated based solely on the "Migratory Bird Rule"(MBR). ❑ Waters do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction. Explain: p Other:(explain,if not covered above): Provide acreage estimates for non jurisdictional waters in the review area,where the sole potential basis of jurisdiction is the MBR factors(i.e.,presence of migratory birds,presence of endangered species,use of water for irrigated agriculture),using best professional judgment(check all that apply): ❑ Non-wetland waters(i.e.,rivers,streams): linear feet width(ft). Lakes/ponds: acres. Other non-wetland waters: acres.List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction(check all that apply): ❑ Non-wetland waters(i.e.,rivers,streams): linear feet, width(ft). ® Lakes/ponds:0.12 acres. ❑ Other non-wetland waters: acres. List type of aquatic resource: ® Wetlands:0.03 acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked and requested,appropriately reference sources below): ® Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant. ®Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: ❑ Corps navigable waters'study: ❑ U.S.Geological Survey Hydrologic Atlas: ❑USGS NHD data. ❑USGS 8 and 12 digit HUC maps. ® U.S.Geological Survey map(s).Cite scale&quad name:USGS Durham County Quad. ® USDA Natural Resources Conservation Service Soil Survey.Citation:Durham County Soil Survey Sheet 27. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑Aerial(Name&Date): or❑Other(Name&Date): ❑ Previous determination(s). File no.and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ® Other information(please specify):Antecedent Precipitation Tool. B. ADDITIONAL COMMENTS TO SUPPORT JD:The APT indicated that normal conditions were present during the site visit. Detailed Delineation of Waters of the US III I rrs� Y ► I\ 1\ Suitable for Preliminary Planning Only S8GEC reserves the right to modify this map based on more fieldwork, - • - • +-�.` \�+.`\\�.� ♦\ { 1 1 ' 1 i. ♦ 1and any other additional information.Approximations were mapped usingL, this work desires an accurate map of the regulated features flagged by ••- C• •. topographic maps,air photos and ground truthing.If the site is going V. to be disturbed,S&EC's detailed delineation should be approved and N permitted by the U.S.Army Corps of Engineers as required.If the user of • N S&,EC,they should retain a NC Registered Professional Land Surveyor to locate S&EC's flagging. HOL :Rff S J 1 �•Iff + +I !I J It ! y` .� T �y 1 -' Irr �'..��••yy 1 I I I t 1 \ \ I r' `1_ -• 4 ' ♦ _`• .� � 1 J' +1.. '•1:',.� 7// r i i It .:;.� \I 1 j � r,r~ r__`\\`�=`�:` '-�y, "w-,-. �'' _ � ..-\ .• • . � rJ I f l l l � I I % 1 �. I I . � �.. . • I I I I J t j I •- 1 / / 1 t I � I 1 I 1 I + 1 r ! 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I j r rIr r ! \ \ 1� c +� +r f 1 ` ` \. .`` \`\ 1 1 1 \ \ 1 �� 1 f 1+ [ r \+ \ \ 1 1 t _ r � I It f 1 t � i <\ 1�- \\ ��`- ��,�_ ' _ .�� \\\ \� 1 ` \ \\�t\\\ ��.. r � �1.] 1 -� l 1�\��.�.��-��`\ \� 1 1 1\ l I •• 1 . t •----_~~-J I 1 1 1 j \ L - _ '\ 1 1 1 1 \ � `.� �-�---' 1._ �. \ \♦ \ ♦ �� � \ 1 � l \ ♦ 4 l ''- ---__ �•• - 14 I 1 \ \\1 �� ♦�� - -. _ - � 1 11 I \ 1 \ \\ \\ \\ ~��� O :. -- -�.\\\ \\,-\\ \ \ ♦\ 11 \ .♦\ \ � \1 1� 1 / r- `r.�— _-`�����.. -4. �,'� \�\ \\� \ \ \ ♦ \\ 1. 5` I 1 i I I. • -• • �- I Nil'\\'\`\ \\l\ i j �I r P JI ' 1 j with NCDWR l � ♦\;\ \\\ \ \ 11"1 I i 1 I ! � f�11� / +1.:; 1 � : i JIi Based on desktop dei • lrlll � S j'� j 511.: 1I11,\ \ Ill;j� lr � I 1- 1April Nortonon 05/13/2021. • • • • •• • • • • • -• - • • ��� r!' � I'I + 1 r i..�1�1I.1.1i1•� ! � It, \ 1, j. 1 � t �. • 11 - -• • 11 •• -. • •- - • - .+ r r + . .+ -'•t + � � r` �eAk 'r �;t / y !I �j) I1 I�'g,?` 1 1 1 t 1 • -+oo .• • • Project • N WetlandSketch Map + • • Project Mgr.: Holder Broach SB S Durham County, NC Soil & Environmental Consultants, PA EC 11 Source: now— Aerials from • - Map 10/22/2021 Feet d,py.STATi<'q ¢t ROY COOPER _ Governor DIONNE DELLFGATTI �R Secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality May 03,2021 Steve and Dollie Estelle Holder Frank Holder 4814 Holder Road 409 Broach Road Durham,North Carolina 27703 Durham,North Carolina 27703 Richard and Teresa Holder 409 Broach Road Durham,North Carolina 27703 Subject: Buffer Determination Letter DWR RRO#21-103 Durham County Determination Type: Buffer Intermittent/Perennial ® Neuse(15A NCAC 2B .0714) ❑Tar-Pamlico(15A NCAC 2B .0734) ® Intermittent/Perennial Determination (where local buffer ordinances apply) ❑Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Holder Broach Address/Location: 344 Broach Road,Durham Stream(s): Un-named tributaries to Little Lick Creek Determination Date: 04/28/2021 Staff: Erin Deck Stream E/l/P Not Subject Start@ Stop@ Soil USGS Subject Survey Topo A P X Throughout pro'ect area X X B I X SO I:Approx. Confluence with A X 35.968618,-78.821083 C - X - - X D - X - - X X E - Greater than 100 feet from review area X X F I Off site,feature subject where buffer encroaches on property Pond - X Not evaluated assumed subject where buffer X X encroaches on project area *E/LP =Ephemeral.Intermittent/Perennial D E Q� North Carolina Department of Environmental Quality I Division of Water Resources 9 -- . Raleigh Regional Office 13800 Barrett Drive I Raleigh,North Carolina 27609 rioAacaRauHn .°'a""�"'�" \ 919.791,4200 DocuSign Envelope ID:C447880D-8EA5-475F-B98C-919B7BD5D67A 21-103 Durham County Page 2 of 2 (1)E=Ephemeral,Mntermittent,P=Perennial,NP=Not Present,NA=Not applicable (2)Refers to riparian buffer rules only.Stream,wetland,or pond impacts may still be subject to applicable water quality standards and permitting requirements. GPS coordinates provided byS&ECstaff. Explanation: The features(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County,North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. This letter pertains to the applicability of the Neuse River Basin Riparian Buffer regulations only. There may be other features located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski;DWR—401 & Buffer Permitting Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.):Paul Wojoski;DWR—401 &Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 27604. This determination is final and binding unless,as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office)at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Erin Deck at(919) 791-4200, or by email at Erin.Deck@ncdenr.gov Sincerely, EDocuSignad by: -� BCDABD828D4A48D... Scott Vinson Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources,NCDEQ cc: Laserfiche Steven Ball,S&EC,via email: SBall@sandec.com DocuSign Envelope ID:C447880D-8EA5-475F-B98C-919B7BD5D67A !� `f^� �,`'- � �• ; y �� � ; .'. •tip� L`? �� � pR s a- 00 o �• I V ' is. r )�YIYV ` _ I I'LN` ` � rr O� 4L Pond 1 f i_ ,f - ZZY dr jf cy 'V Project Number: Map Title: N 14588.W1 Figure0 1,000 2,000 Project Manager: 1 - USGS Map I I I I I I I I I SB Holder Broach Feet Scale: 1„ = 1000, Durham County, NC IRPM-- A Date: Source: USGS Durham Soil&Environmental Consultants, P f4121 WI.14% R So 111 11,hn,N.L 27RIt•1%01/24/2021 County Quad ,,. IYI. .=NX•IeS IYIYI%1 'AL 4 • ter ` i� �' ta `� tea. .`` � '�'� - _ l�' �•a^1 '+1� r a }' Pro*ect Number: r I t � r' � •rr � r.. l• jfw`:_ _ alb! i 1��:�!i ���,'� 14588.W1 1 111 111 • • • Holder B • "" ounty .. 0 0 0 S& � Durham County EC • 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 February 18,2021 Raleigh Field Office S&EC Project No: 14588.W7 P.O. Box 33726 Raleigh,NC 27636-3726 Re: Online Project Review Request, Holder Broach,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 February 18, 2021 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of.A planned residential development that is proposing impacts to wetlands and streams. The location of the project and the action area are identified on the enclosed maps. Holder Broach(35.966357, -78.817184). The site is located at the intersection of Holder Road and Broach 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 18,2022. This project review is needed under provisions of Section 7 of the Endangered Species Act(ESA), and per General Condition 18 of Nationwide Permit 29. 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 Specialist,Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NHP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self-Certification Letter 5. Overall Site Plan • Soil & Environmental Consultants, PA [12 Falls of Neuse Road, Suite 104,Raleigh,NC 27615 • Phone: (919)846-5900•Fax: (919) 846-9467 sandec.com February 18, 2021 S&EC Project No.: 14588.W7 To: Lennar Carolinas, LLC Attn: Stephen Dorn 1100 Perimeter Park Drive, Suite 112 Morrisville,NC 27560 Re: THREATENED & ENDANGERED SPECIES REPORT Holder Broach (+/- 60 acres) Intersection of Holder Road and Broach Road, Durham, Durham County,NC Dear Mr. Dorn: On February 16, 2021, Soil & Environmental Consultants, PA(S&EC) evaluated the Holder Broach shown on the attached maps for potential endangered species. The property is located at the intersection of Holder Road and Broach Road in Durham County,NC. Surface waters onsite flow into Lick Creek 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 onsite. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Holder Broach-S&EC Threatened &Endangered Species Report Page 1 of 5 February 18,2021 S&EC Project#14588.W7 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Neuse River Waterdog (Necturus lewisi), Proposed Threatened • Carolina Madtom(Noturus furiosus), Proposed 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 not identify any Federally threatened or endangered species within the project area or within 1 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 one natural area and two managed areas within the project area or within 1 mile of the project area. These are listed out in the attached NHP Report. NEUSE RIVER WATERDOG(Necturus lewisb: S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the project area or within 1 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 onsite. The perennial stream along the western property boundary was+1-5 feet wide with strong baseflow and had a sandy substrate. Additionally, the intermittent streams onsite did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Neuse River Waterdog. CAROLINA MADTOM (Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Carolina Madtom (Note: This did not include a detailed aquatic mussel survey for the presence of Holder Broach- S&EC Threatened &Endangered Species Report Page 2 of 5 February 18,2021 S&EC Project#14588.W7 mussels). The NHP report did not list any known elemental occurrence within the project area or within 1 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 onsite. The perennial stream along the western property boundary was+/-5 feet wide with strong baseflow and had a sandy substrate. Additionally, the intermittent streams onsite did not have suitable habitat. Due to these observations,we have concluded that the project would have "No effect" on the Carolina Madtom. MICHAUX'S SUMAC Whys michauxii): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. The NHP report did not list any known elemental occurrence within the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along the field edges, around ponds and roads. It should be noted that this preliminary survey was done outside of the optimal survey window(May-October). While we did not find any Michaux's Sumac plants within the project area, our survey was conducted outside of the optimal survey window and as suitable habitat was found it is possible that Michaux's Sumac exists and therefore we concluded the project would"May affect" Michaux's Sumac. We recommend consulting with the USFWS and/or conducting follow up surveys within the optimal survey window. 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 did not list any known elemental occurrence within the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along easements and paths. It should be noted that this preliminary survey was done outside of the optimal survey window (May-October). While we did not find any Smooth Coneflower plants within the project area, our survey was conducted outside of the optimal survey window and as suitable habitat was found it is possible that Smooth Coneflower exists Holder Broach-S&EC Threatened &Endangered Species Report Page 3 of 5 February 18,2021 S&EC Project#14588.W7 and therefore, we concluded the project would"May affect" Smooth Coneflower. We recommend consulting with the USFWS and/or conducting follow up surveys within the optimal survey window. 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 sites within the project area. The NHP report did not identify any known nests onsite or within 1 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. S&EC followed the project review steps 7a. & 7b for NLEB's. This project will result in the removal of trees. Due to the nature of the project being residential 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 a portion of the federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act(ESA). However, as suitable habitat exists for Michaux's Sumac and Smooth Coneflower the USFWS should be consulted to determine if surveys need to occur during the optimal survey windows for to ensure that no plants exist within the disturbed limits of the project. We strongly recommend requesting a concurrence letter from the FWS. Holder Broach- S&EC Threatened &Endangered Species Report Page 4 of 5 February 18,2021 S&EC Project#14588.W7 Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Specialist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 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.January 24,2021. 6. NHP report re:January 24,2021. 7. S&EC—FWS Species Conclusion Table.February 18,2021. 8. S&EC—FWS Self-Certification Letter.February 18,2021. 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. 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/ Holder Broach- S&EC Threatened &Endangered Species Report Page 5 of 5 f J f DR s Q_ 19 110 oo 01 PFNN4e�RD ' ' , ; .tam... �'0 , 00 r V1'EW LN �, MOCKINGBIRD E LMAR DR LA ? •l ► r Is zl l -1� �' PLANO,DR ` x 1 �- Vic, t � PKsA Project Number: USGS Map Map Title: N 14588.W7 0 1,000 2,000 Project Manager: I I I I I I I I SB Holder Broach Durham Feet Scale: 1 County, NC " = 1000' Soil & Environmental Consultants, PA Date: Source: USGS Durham 02/18/2021 y Quad M4I21 all.ul.\eu.e Rwd tiuils io.l.Rdn�.\C'21413•Rwne(91v1�•1W10•Fu(919)Mi6.9K Count ,&— Cr1� f x � — I - •AAA W%C Ch W'sE1 � •1 , Ch 1 s�, t� WSB�' ,ram � _Cry � �' •' ;.. Cr f/wsE wsc - vise i IrB JWSG� i �} r irC 0 IrC ` wsc wsc - 1 wsc Ira y _' •. ��� .\a..�1 UrB w5E f Cie wsBCr �. �Il 1 CrB ``WSB �t I ! �; VI'S 1 t �. CrB 1,Z0r' . 1� Crt: CrB ' f�..�J`� Ws- � s wsc C y. rn W s B wd Project Number: Map Title: N 14588.W7 0 1,000 2,000 Project Manager: SOII Survey Map I I I I I I I I I SB Holder Broach Feet Scale: 1 1000' Durham County, NC " = Soil & Environmental Consultants, PA Date: Source: Durham County 0 2/18/2 0 21 Soil Survey Sheet 27 xJl2 I dl.ul.\eu.e RwJ,tiuils io.l.Rdnrll.\C'2141 S•Rwnr(91v1 •1W10•Fu 1919)Mi6.9K ° °° P + .n r n r •� ~ , , O�� '' ' U� t I, + GUNSTON l t o tnN_ Legend ► 31 Property Boundary vJ" fill, � �' - �. 1 r �;•_ � . I �: � �� Potentially Jurisdictional Perennial Stream c_f�o Potentially Jurisdictional Intermittent Stream P yt oOpoo Potentially Jurisdictional Marginal Stream r Potential 50 Neuse River Buffer ? --� ho 0o Potential 100' Durham Watershed Buffer 6o��O HOLDER F Potentially Jurisdictional Pond ���' �` '= -, =iiet:-� •db&-- Potentially Jurisdictional Wetland f ' . yri'J Potentially Jurisdictional Marginal Wetland Photo 1 != L t c Y g W a 0 Jooc CoI Photo } to 3 �.. }' / - 'a BRISTLEWOOD Photo 8 ' Photo 7 04 ' + M6 A t n *1AL f' .. "AT ENNOCI� 01 lid 06 OIL 4 •, 4, ► 4 'r - ^ •+f t — ��. - ' NC(�en�her for Geographic Information&Analysis Project No. N Aerial Photo Map 14588.W7 Project Mgr.: w E Holder Broach SIB s Durham County, NC Soil & Environmental Consultants, PA Scale: Q 250 500 QQQ 8412 Palls of Neuce Road,Suite 104,Ralci b.NC 27615•Phone:(919)846-5900-Fax:(919)8 6-9467 1"=250' Source: sm 1 Aerials from NC One Map 02/10/202, Feet c 1 Y e. t 11�• .,. Y fy1�' 1 1 ids y ''_.� ��`.MSF �c ,� ��-. •a„ .1 -,� ,�_.`��a � � y- :tyy^r•grid.ti..� .- r-....','4i}Cs,rA•' { Job i i Februaryi Photo "1 area s Photo 4: Sewer easement ►'�'. '•�� 1�. i �! � .� !'ran .+. l i - _ ,l e t rill �r r lip Ij �•-�:.ram•�.:" �� _ ~�s'� � `f'.' i ' ',y 1 it � ' • � �' t/ �• x; �,.�• � yam.?' � e�"4 �� /,', �►v L `, �.�� jam" - .� .. MP J f ,� . .,A �, �+�11 V ��, ^.0 4157� `�'��' 1 jR�'!. •1 �7'i 4},��`� � tl f 'All 3r + 1 i.+ �'I, �y��.• +�.f� f �. � � , l fir,•, -; �� � �• ' . ���: 1t��` � ,, +� .; y , ln.� ■O -'Ty+.•f �- Y Pt.-. - s HOLDER SHERRON DATE: JUNE 4, 2020 SCALE: 1:100 UNIT SUMMARY -41' X 120' LOTS - 135 LOTS (63%) -20' TOWNHOMES - 77 UNITS (37%) �. TOTAL - 212 UNITS .. n T EN SPACE BMP BMP JYYJ__OPEN SPACE Y a3 <O i� �N u F Z d'FW- Z X .. ••. Lu OPEN SPACE 70 _ O N 4 J MCADAMS �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: January 24, 2021 Consultation Code: 04EN2000-2021-SLI-0540 Event Code: 04EN2000-2021-E-01159 Project Name: Holder Broach 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 01/24/2021 Event Code: 04EN2000-2021-E-01159 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. 01/24/2021 Event Code: 04EN2000-2021-E-01159 3 Attachment(s): • Official Species List 01/24/2021 Event Code: 04EN2000-2021-E-01159 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 01/24/2021 Event Code: 04EN2000-2021-E-01159 2 Project Summary Consultation Code: 04EN2000-2021-SLI-0540 Event Code: 04EN2000-2021-E-01159 Project Name: Holder Broach Project Type: DEVELOPMENT Project Description: This project is located at the intersection of Holder Road and Broach Road in Durham County, NC. This site is approximately 60 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)35.96699855,-78.82017806737409,14z W n Counties: Durham County, North Carolina 01/24/2021 Event Code: 04EN2000-2021-E-01159 3 Endangered Species Act Species There is a total of 4 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 Proposed There is proposed critical habitat for this species.The location of the critical habitat is not Threatened available. Species profile:https://ecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species.The location of the critical habitat is not Endangered available. Species profile:https:Hecos.fws.gov/ecp/species/528 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 01/24/2021 Event Code: 04EN2000-2021-E-01159 4 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. a NNE Roy Cooper. Governor ■■ E NC DEPARTMENT OF Susi Hamilton. Secretary ■o,mE NATURAL AND CULTURAL RESOURCES 0 NNE Walter Clark, Director, Land and Water Stewardship NCNHDE-13789 January 24, 2021 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Holder Broach; 14588 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. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is found within the project area or is indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.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. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally- listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.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 Within a One-mile Radius of the Project Area Holder Broach Project No. 14588 January 24, 2021 NCNHDE-13789 No Element Occurrences are Documented Within a One-mile Radius of the Project Area Natural Areas Documented Within a One-mile Radius of the Project Area Site Nam Representational Rating lMMk6.__ Collective Rating Middle Lick Creek Bottomlands R3 (High) C5 (General) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Ow Triangle Greenways Council Preserve Triangle Greenways Council Private NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/help. Data query generated on January 24,2021;source: NCNHP,Q3 October 2020. 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 3 NCNHDE-13789- Holder Broach o 03k Grove C is C. ii Tit hib D, w.k., N f, W'4„1,Arc ak'—.U., .410 WcInnqtbinl Ln a. sw-'O Ad .0, N w E January 24,2021 1:23.252 Project Boundary0 0.2 04 0.8 mi Buffered Project Boundary 0 0.3 0.6 1.2 km NHP Natural Area NHNA So mes Esn.HERE Garmn.Int—p,in—nt P Corp GEDCO.USGS. ( ) FAO,NPS,NRCAN,GeoSase,IGN,Kadaster NL,Ordnance Survey,Esn Japan METI Esn China(Hong Kong).(c)OpenStreietMap contriotitom,and the GIS Managed Area(MAREA) UserCon,vri.nly Page 3 of 3 Species Conclusions Table Project Name: Holder Broach Date: February 18,2021 Species/Resource Name Conclusion ESA Section 7/Eagle Act Determination Notes/Documentation Meuse River Waterdog No suitable habitat present No effect Preliminary habitat survey completed by Necturus lewisi S&EC staff on February 16,2021. Carolina Nhdtom No suitable habitat present No effect Preliminary habitat survey completed by Noturus furiosus SMC staff on February 16,2021. Mchaux's Sumac Suitable habitat present May affect Preliminary habitat survey completed by Rhus michauxii S&EC staffon February 16,2021. It should be noted this survey took place outside of the optimal survey window(Nhy through October). Smooth Coneflover Suitable habitat present May affect Preliminary habitat survey completed by Echinacea laevigata S&EC staffon February 16,2021. It should be noted this survey took place outside of the optimal survey window(Nhy through October). Bald Eagle Unlikely to disturb nesting No Eagle Act permit required Preliminary habitat survey completed by Hahiaeetus leucocephalus bald eagles S&EC staffon February 16,2021. Northern Long-eared Bat Suitable habitat present, May affect,not likely to adversely affect Preliminary habitat survey completed by Myotis septentrionalis species not present S&EC staff on February 16,2021. Critical Habitat No critical habitat present No effect 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 Nbntgomerv/Environmental Specialist,Wetlands Department at S8EC,PA February 18,2021 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: February 18, 2021 Self-Certification Letter Project Name Holder Broach 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 Deborah Shirley From: Mason Montgomery Sent: Thursday, August 18, 2022 12:18 PM To: Ellis, John; Mann, Leigh Subject: RE: DUE DATE:APRIL 1, 2021 Fw: [EXTERNAL] Holder Broach T&E Submittal John, I completed the follow up surveys for Holder Broach today,August 18, and during my evaluation I saw no plant species of Michaux's sumac or Smooth Coneflower within the evaluation area. Please let me know if any additional information is needed to make a "No effect" determination.Also,the project purpose and concept plan hasn't changed. Thank you, Mason From: Ellis,John <john_ellis@fws.gov> Sent:Tuesday, August 16, 2022 5:16 PM To: Mason Montgomery<mmontgomery@sandec.com>; Mann, Leigh <leigh_mann@fws.gov> Subject: Re: DUE DATE: APRIL 1, 2021 Fw: [EXTERNAL] Holder Broach T&E Submittal Mason, Nothing has changed on the other species has it? If that is correct, I'd be fine with just letting me know the results of the survey vs resubmitting. John From: Mason Montgomery<mmontgomery@sandec.com> Sent:Tuesday, August 16, 2022 4:12 PM To: Ellis,John <john ellis@fws.gov> Subject: RE: DUE DATE: APRIL 1, 2021 Fw: [EXTERNAL] Holder Broach T&E Submittal John, I hope you are doing well! It has been a while since you requested the follow up survey for Holder Broach. Our client is finally ready to move forward with the project. I wanted to reach out to confirm what is needed since it has been over a year on this. Would an updated species list/ NHP report along with the follow up survey suffice, or would you want an entire updated report resubmitted? I plan on conducting to botanical surveys this Thursday. Thank you, Mason L. Montgomery Soil And Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road,Suite 104 Raleigh, NC 27615 Office(919)846-5900 Direct(919)746-7750 Mobile(704) 773-2837 mmontgomery@sandec.com Visit us at sandec.com 1 This electronic communication,including all attachments,is intended only for the named addressee(s)and may contain confidential information.This electronic communication may not have passed through our standard review/quality control process.Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design.Rely only on final,hardcopy materials bearing the consultant's original signature and seal.If you are not the named addressee(s),any use,dissemination,distribution or copying of this communication is prohibited.If you have received this electronic communication in error,please notify the sender by return e-mail and delete the original communication from your system.Thank you. APlease consider the environment before printing this email. From: Ellis,John <john ellis@fws.gov> Sent:Tuesday, March 30, 20214:35 PM To: Mason Montgomery<mmontgomerv@sandec.com> Subject: Fw: DUE DATE: APRIL 1, 2021 Fw: [EXTERNAL] Holder Broach T&E Submittal Good afternoon. The Service recommends surveys be conducted for Michaux's sumac and Smooth coneflower during the appropriate time frames. If you'd like info re: a local reference Smooth coneflower site let me know. The Service concurs with the other determinations. Also, looking through this one I noticed you mention working through steps 7a and 7b of the online review process. I recommend in the future you put in document and the table that the project is "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." John From: Mann, Leigh <leigh mann@fws.gov>on behalf of Raleigh, FW4<raleigh@fws.gov> Sent:Tuesday, March 9, 2021 8:39 AM To: Ellis,John <john ellis@fws.gov> Subject: DUE DATE:APRIL 1, 2021 Fw: [EXTERNAL] Holder Broach T&E Submittal From: Mason Montgomery<mmontgomery@sandec.com> Sent: Monday, March 8, 2021 1:40 PM To: Raleigh, FW4<raleigh@fws.gov> Cc: Steven Ball <sball@sandec.com> Subject: [EXTERNAL] Holder Broach T&E Submittal This email has been received from outside of DOI- Use caution before clicking on links, opening attachments, or responding. 2 Hello, Attached is the Threatened and Endangered species report for the Holder Broach property in Durham County, NC. S&EC is submitting for concurrence. Please let me know if any additional information is required when making your determinations. Thank you, Mason L. Montgomery Soil And Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road,Suite 104 Raleigh, NC 27615 Office(919)846-5900 Direct(919)746-7750 Mobile(704) 773-2837 mmontgomerv@sandec.com Visit us at sandec.com This electronic communication,including all attachments,is intended only for the named addressee(s)and may contain confidential information.This electronic communication may not have passed through our standard review/quality control process.Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design.Rely only on final,hardcopy materials bearing the consultant's original signature and seal.If you are not the named addressee(s),any use,dissemination,distribution or copying of this communication is prohibited.If you have received this electronic communication in error,please notify the sender by return e-mail and delete the original communication from your system.Thank you. Please consider the environment before printing this email. 3 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M.Bartos,Administrator Governor Roy Cooper Secretary D.Reid Wilson May 20, 2021 Camden Brunick cbrunick(d,sandec.com Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh,NC 27615 Re: Construct Holder Broach residential development, 409 Broach Road, Durham, Durham County, ER 21-0938 Dear Mr. Brunick: Thank you for your email of April 16, 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.review d,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, (1� u.t 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)814-6570/814-6898 � � " f P� yf 1 �H0LDER ROAD h � ti1r � 30, a S � — r yv s r� BROACH ROAD �� PROPERRU E (TYP) j) L� -W-1 �IS ED a s l llsr ��� AREiA= 2�S�F ��0.4 AQ}, a J� �� fl -jo, r �\ 5 r f f ff S � POND 1 �� �� i 1 s r f / � ISOL�TED) r 1 > S( � , f II �1 / r ��l I l((/ ; �i v� ��� l� •� K, ���� �A� � 1. -.,. � -1 � � � U �������..��—'�� ,✓ ���\ / � � � l W4 I jI BRISTL 47 55 }- — � v � � i 1� NC GRID(NAD83) EXISTING CONDITIONS GRAPHIC SCALE 0 100 200 400 1 inch=200 ft. M:\Projects\LEN\LEN-20040\04-Production\En ineerin\Exhibits\Im act ma s\LEN20040-E1.dw,3/28/2023 8:58:35 AM,Kevin Hughes !! The John R.McAdams Company,Inc. PLAN INFORMATION 2905 Meridian Parkway Durham,NC27713 W ES LEY DOWNS PROJECT N0. LEN 20040 FILENAME LEN20040-El phone ax919. 361.61.22 9 WETLAND AND STREAM IMPACT MAPS DRAWNCHECKE BY NDW fax 919.361.2269 DRAWN BY KWH license number:C-0293,C-187 DURHAM, NORTH CAROLINA, 27703 SCALE 1"=200' MCADAMSwww.mcadamsco.com DATE 03.28.2023 TOTAL: PERMANENT STREAM CHANNEL IMPACT=854 SF(111 LF) PERMANENT(NO-LOSS)STREAM CHANNEL IMPACT=589 SF(32 LF) TEMPORARY STREAM CHANNEL IMPACT=450 SF (76 LF) TOTAL ZONE 1 BUFFER IMPACT AREA=9,705 SF(0.22 AC) 10 � — 71, TOTAL ZONE 2 BUFFER IMPACT AREA=4,680 SF(0.11 AC) � OPEN WATER IMPACT=11,439 SF(0.26 AC) R' PERMANENT-NO PERMANENT LOSS IMPACT=1,441 SF(0.03 AC) C f)� l J _ — to PERMANENT WETLAND IMPACT=444 SF(0.01 AC) �� LL HOLDER ROAD — 1 � 1 I R/IPACT r( I DISTURBANCE J ` „ — —— \ �I ` , /ARE 1 1pir }�u� `b �/ ✓v BROACH pF.O ,LINE-,TYP) W1� ISO(ATED) �_� i II >> r �✓ 1✓ 1 1�S / � f -- 1 ,�✓ °� ! B R,I�TL O Q IV I r 7d i TR1 j �� ( /✓ AREA EP A" , ✓ W4 C � � C - � lr gs r _ _ NC GRID(NAD83) OVERALL I M PACT AREA MAP GRAPHIC SCALE 0 100 200 400 1 inch=200 ft. M:\Projects\LEN\LEN-20040\04-Production\En ineerin\Exhibits\Im act ma s\LEN20040-E1.dw,4/18/2023 10:30:34 AM,Brittan Johnson !! The John R.McAdams Company,Inc. PLAN INFORMATION 2905 Meridian Parkway Durham,NC27713 W ES LEY DOWNS PROJECT N0. LEN 20040 FILENAME LEN20040-El phone ax919. 61.22 361. 9 WETLAND AND STREAM IMPACT MAPS DRAWNCHECKE BY NDW fax 919.361.2269 DRAWN BY KWH license number:C-0293,C-187 DURHAM, NORTH CAROLINA, 27703 SCALE 1"=200' MCADAMSwww.mcadamsco.com DATE 03.28.2023 LEGEND ZONE 1 ROAD CROSSING °°°°°°°°°°°°°°°° PERMANENT STREAM IMPACT PERMANENT-NO LOSS El BUFFER IMPACT °°°°°°°°°°°°°°°° ID ID El ID El IDDISSIPATOR PAD IMPACT ZONE 2 ROAD CROSSING p TEMPORARY STREAM BUFFER IMPACT IMPACT EXISTING I \ WETLAND V "X �/ \ �� )/ f ( I 1 )E,� 120' R&T—of-�AY BUFF(EP ERN 4 OP�CITY�� � l f NORTHODUR'TAM �� n� PARKWAY EXTENSION 00 Q PERMANENT-No L04S X \ 25' WETLAND / �h p IDPACTA589 SFD) I I EXIS ING CIT OF DURHAM \ I TEMPORARY ' \ \BNFER 1 \\� II m Ik ( 2 LF) SEW�ANEASEMENT PERENNIAL STREAM /PROPERTY / I 1 � IMPACT=21 1 SF - \ \ LI v (TYP / \ N �� ` \ (D.B�1673,II PG. 4!1) (41 LF) r \ �£(P.B. 124, PG. 80) �10' NO-BUILD SETBACK \� TOT ZONE } I PERMANENT— �1 I�ll�z �l �� — 3 x I = I - ( BUFF R PERENNIAL S REAM ��s I IMPA� 9,705\SF IMPACT=8I �SF I ORI�TLEWOOD \ \ 7 (107 LE) \(X TOTAL ZONE 2 \ rplL \ D F—T�/D BI V E�/� /LD— TP/BUFFER ------ MPACT=4,680 SF \ o I I�(56' BLIC R/W) O ° LD i — —� - o . SS H i D� ° ° ° �Q)' _ BLI 8" DIP W/L --- FJ - P BLIC 8' l ---- � � SS - � o EXISTING'"` _ °T — — ° — 326 328 BRISTLEWOOD� I E SR 2038 �� ° 324 �O,ld (60' PUBLIC/R/V�/� E PUBLIC a�/d> an/di �0' NO� BUILD �" 8' HDPE SS 7- I� SETBAC� S�f Abl CIA ZONE (P/ERENNIALY 31 01 311�_— BUFF WFTLA D- �� �� �PERENN ATEMPORARY \ 00' NEUSE /� 20 F 1 / I /STREAM � IMPACT----f?39/SF W RIVER BUFFER �� / �� 4\(35 LF) I � 50 NEUSE (10 ` 1 I I� RIMER BUFF RIST N I d'W T w 30/NEUSE OPACITY , RIVER BUFFER \\ �BUFFER IMPACT AREA MAP - AREA "A" N NC GRID(NAD83) GRAPHIC SCALE 0 20 40 80 1 inch=40 ft. M:\Projects\LEN\LEN-20040\04-Production\En ineerin\Exhibits\Im act ma s\LEN20040-E1.dw,4/18/202310:30:45 AM,Brittany Johnson !! The John R.McAdams Company,Inc. PLAN INFORMATION 2905 Meridian Parkway Durham,NC27713 W ES LEY DOWNS PROJECT N0. LEN 20040 FILENAME LEN20040-El phone ax919. 61.22 361. 9 WETLAND AND STREAM IMPACT MAPS DRAWNCHECKE BY NDW fax 919.361.2269 DRAWN BY KWH license number:C-0293,C-187 DURHAM, NORTH CAROLINA, 27703 SCALE 1"=40' MCADAMSwww.mcadamsco.com DATE 03.28.2023 LEGEND OPEN WATER IMPACT (ROAD FILL) OPEN WATER IMPACT (LOT FILL) r PRIVATE fWE H" (PRIVATE ACCESS AND �� COMMON AREA WITH�� — —� PRIVATE DRIVE G VARYING WIDTH) T ILI (PRIVATE ACCESS AND 190 � COM ON AREA WITH MPACWATE -- -- V YI N G WIDTH) (LOT FILL)7,605 5F /" 191 (0.r7 AC) 0 OPEN W TER i IMPACT - — — — — �� / (ROAD MPACT) o 3 834 SF O 193 (0.09 AC) n 219 1 l I __ `PUBLIC s IP ,Lmo 1 / POND 2 I 1 ' A _ ---- 213 �21 Z.,� 2� � � 209 �08 �207 206` 21 1 � 1 IMPACT AREA MAP - AREA "B" N NC GRID(NAD83) GRAPHIC SCALE 0 20 40 80 1 inch=40 ft. M:\Projects\LEN\LEN-20040\04-Production\En ineerin\Exhibits\Im act ma s\LEN20040-E1.dw,3/28/2023 8:59:33 AM,Kevin Hughes !! The John R.McAdams Company,Inc. PLAN INFORMATION 2905 Meridian Parkway Durham,NC27713 W ES LEY DOWNS PROJECT N0. LEN 20040 FILENAME LEN20040-El phone ax919. 61.22 361. 9 WETLAND AND STREAM IMPACT MAPS DRAWNCHECKE BY NDW fax 919.361.2269 DRAWN BY KWH license number:C-0293,C-187 DURHAM, NORTH CAROLINA, 27703 SCALE 1"=40' MCADAMSwww.mcadamsco.com DATE 03.28.2023 LEGEND EXISTING WETLAND ZONE 2 UTILITY CROSSING Ram BUFFER IMPACT PERMANENT-NO PERMANENT LOSS IMPACT STREAM B (PERENNIAL) 30'/NEUSE \ J AV M �R'1VER BUFFER \ N 1 \ 50' NEUSE \\ I RIVI)R BUFFER I \\ ZONE\2 UT�L/TY \ _ \STREAM FER \ V IMPACT — 4 S (0.01 AC) \ \ o \ DEEMED ALLY BLEB I / 1 \ I PROPERTY LINE / 10' �30' NEUSE ;=V �� / y / NO—BUILD RNER B FFER (TYP.) l SETBACK PERMANENT-NO PERMANENT LOSS IMPACT 1,441 SF (0.03 AC) ` Z N 21/ \ \ ZO E 1 � T 4- L — - - - - - - -� — \ TL I / L / _ �7 50' NEUSE I \ — �� — = — SSMH RIVER BUFF�R � I �A I � 1 � PUBLIC S" ss 1 E, � \�v 30' CITT OF DURHAM I 1N SANIT Y SEWER EASEMENT WZ` AV\ 25'VT AND \ / I \ F_ E (STING CITY OF DURHAM 25' SANITARY / SEw EASEMENT (D.B�673, PG. 4VI) B. 124, PG. 80 \ STREAM � �\ \,(, _ —� C �\ � ` ( � \ � I ( o ) "(�ERENNIAL IMPACT AREA MAP - AREA 11C" IN NC GRID(NAD83) GRAPHIC SCALE 0 20 40 80 1 inch=40 ft. M:\Projects\LEN\LEN-20040\04-Production\En ineerin\Exhibits\Im act ma s\LEN20040-E1.dw,3/28/202310:03:19 AM,Brittany Johnson !! The John R.McAdams Company,Inc. PLAN INFORMATION 2905 Meridian Parkway Durham,NC27713 W ES LEY DOWNS PROJECT N0. LEN 20040 FILENAME LEN20040-El phone ax919. 61.22 361. 9 WETLAND AND STREAM IMPACT MAPS DRAWNCHECKE BY NDW fax 919.361.2269 DRAWN BY KWH license number:C-0293,C-187 DURHAM, NORTH CAROLINA, 27703 SCALE 1"=40' MCADAMSwww.mcadamsco.com DATE 03.28.2023 72" BOX CULVERT i o (y Z-MBEDMENT) x x \ INV. IN = 315,00 _ — _ — �� �✓ -fir �— �—� ��ti � � x �° ✓ INV. OUT = 314.2 T _ _ sN ss�__ SS l , Ss / 32 — � \ �/ ✓- — SS ss \/ GRAVITY RETAINING WALL OR I\ f� �\ CAST-I,�O_RLACE HEADWALL �V GRAVITY RETAINING/WALL OR CAST IN PLACE FQEADWALL/_ — i NC GRID(NAD83) GRAPHIC SCALE 0 20 40 80 1 inch=40 ft. AREA "A" 340 340 AREA FFLL 330 FIN SHE GR DE 330 3 :V1 SLOFE, GRAVITY RETAINING WALL OR CAST IN PLACE HEAD—WALL GR VITY RETAINING WALL OR CAT IN PLACE HEAD—WALL 320 — — 320 EXI TING GRADE ` 1 A \ RIP—RAP DISSIPATOR PERMANENT—NO — PERMANENT LOSS TOP OF RIP—RAP 10 B -- FLUSH WITH EXISTING GRADE/STREAM BEIDo 0 0 ULV RT 1 E BE MEN RIP RAP DIS IPA R AD 310 25. ' LX2 ' WX225' D 310 10+00 1 1 +00 12+00 M:\Projects\LEN\LEN-20040\04-Production\En ineerin\Exhibits\Im act ma s\LEN20040-E1.dw,4/18/202311:54:49 AM,Brittany Johnson !!j The John R.McAdams Company,Inc. PLAN INFORMATION 2905 Meridian Parkway Durham,NC27713 W ES LEY DOWNS PROJECT N0. LEN 20040 FILENAME LEN20040-El phone ax919. 61.22 361. 9 WETLAND AND STREAM IMPACT MAPS DRAWNCHECKE BY NDW fax 919.361.2269 DRAWN BY KWH license number:C-0293,C-187 DURHAM, NORTH CAROLINA, 27703 SCALE 1"=40' MCADAMSwww.mcadamsco.com DATE 03.28.2023 i A JOStRH WHITE \NANCY W. H ITE \ D. 235v � F'G. 23 P.q. 138, PL 11 P.I.N.: 850-27�30—6394 ID O: 162 0 f'V NING: RP ��� �'� WALAND USE: 'A RES/LOT`7-S� AC� w / / I TEMPOgARY \ TERSHED PROTE TION OVERLAY: FALL pF �� `� / N STREAK DIVERSION CANN \ THE NEUSE/JORDAN\ LAKE PROT�C.ZION ARE ! / To BE LIED WITH \ \ �� TP/D of IMPERVIO LINERI MAT V A w < DC I \ J 3 2 TP/LD—TP/LIP—T¢/LD Ti V / U P24 V� 326 R � \I COFF i \ DA I 328 I I /CO — — — — — �-— — \ x 33 7p/LD 0 TP LD— gel X—X-X- x I— 13+0 SS SS SS —5 /SS SS— �S � 1� + 0 aVdd� / I - DT/dl Ol/ X X x— dl �Ol/d 1 \ � I I / 328 328 � 326 �titi 324 az4 3zs <�b OL—dl/dl—Q1/dl—Ol/dl L� ;� � 2 / I� CLAYBORN'E AgAMS MCCORKLE / C FFEF7 DAM / / 1 0l 0) 01 di /d l J D.B/ 1 , PG. 488 / / I P.B 1323 , PC. 171 I / l �/ P.I.N.: 850-26-45-2408 / —/— - PID: 1162802 / /� I // ZONING: RD TITER: PUBURBAN LAND USE: IRES/1 —FAMILY WATERSHED PRgTECTIION OVERLAY: FALLS Off THE NEUSE/JORQAN (LAKE PROTECTION AREA � I I ;UI STREAM DIVERSION DETAIL N INC GRID(NAD83) GRAPHIC SCALE 0 15 30 60 1 inch=30 ft. M:\Projects\LEN\LEN-20040\04-Production\En ineerin\Exhibits\Im act ma s\LEN20040-E2.dw,4/18/202311:54:32 AM,Brittany Johnson !! The John R.McAdams Company,Inc. PLAN INFORMATION 2905 Meridian Parkway Durham,NC27713 W ES LEY DOWNS PROJECT N0. LEN 20040 FILENAME LEN20040-E2 phone ax919. 61.22 361. 9 WETLAND AND STREAM IMPACT MAPS DRAWNCHECKE BY NDW fax 919.361.2269 DRAWN BY KWH license number:C-0293,C-187 DURHAM, NORTH CAROLINA, 27703 SCALE 1"=30' MCADAMSwww.mcadamsco.com DATE 03.28.2023 X \v V� I )�I jl\�r'� I��l v I \ � 1� )�� 1 1 II �, ���� ♦♦n.�u��� <Z/ � �.� i.��� � A. �- � � � � I I ol� ( \ tSc17 /1� �At� r ♦ i /� } ��� / t 1 t > 1 IL �>t �� 1 I ( I I C ♦ �Jn.Q�\ � I� / 4 ! � /�__�� I I � \� � ` !r` 3 I yl ) 1 fill ♦♦C v �t\ l ���t♦� �� `�/�^ /�I / �� A ) �) �� �/ { f /^ �Yyl S /\ o v• l � IrJ�l1l� � �I� �;) !`l� ll �, r v A� liV � l I� ! { J .��♦ -� � / _( ��� ( VA /� f �I � l � � / �� �i / 1r17- � � �`;� .. � VAD/"LIVIU CC ., 5 l ♦♦ s� <'. l`vA A V i f°1 �_����i f / J /f c v \Ivv ��Y l l� `���� ♦ 11 =`. �� ��v� l ,� �,_� • % / % �� r/- l r n - 1 J2 f I� t� The John R.McAdams Company,Inc. L suBBA5IN 6 BYPASS 1 / 1 2905 Meridian Parkway 1,1)1\ INDIRERLV CONNECTEDAREA=0.60 AC .` 4/_� Jr� \ UNANALVZED AREA 1 \ `I\ 5 L �� SUBBASIN 5 BYPASS (26,103 sf;SCS CN=801 - j 1>>I Durham,NC 27713 INDIRECTLY CONNECTED AREA=0.03 AC INDIRECTLY CONNECTED AREA=1.02 AC I DIRECTLY CONNECTED AREA=0.02 AC \vSUBBASIN2 BYPASS D J J /�'� /� \ (1,1940) \ \\\�� \` (44,619 sf;SCS CN=82) / _, `..\ \- /� lLl f I ` b _ +�•{.+. \ \ l (1,029 sf;SCS CN=98) l 1 // POA#1 Ja�� )1) ��, \\\\�\ \^� ---i,�� "� \• +'^"'��'�\�1�1 Jr`� ��^�fJ�\ \)7NDIR-E2LY 86,Co 364Nf;SCS CN=81)6.57 AC \ ♦ / � , DIRECTLY CONN'Q AREA=O.00 AC \ DIRECTLY�sf SC CNONNECTED A9 i=0.00 ACTOTA AREA s0.62 ACP On2919.361.5�D� fff _ fax 919.361.2269 LY CONNECTED AREA=0.00 AC �� TOTAL AREA AC o\1 l I` L h\ TOTAL AREA=1.02 AC Tc 793 in / f / \�\ \ 1 \ license number.C-0293,C-187 (O sf;SCSCN=98) tJl` /��f'♦ J■I c>��` \\�� (1.194 sf) ),l 144,619 sf) ��,-z� < J �V A V �. J� --�v.l 1 �l• A ���1 Tc=sae min � ,� TOTAL AREA-6.57 AC -I ,y J ��.♦ \' \ - - 1 `�C' ) 5 I (286,364sfl /K) / 1 I/ �v VAv �1�, V v \ a ' r..POA#6 i www.mcadamsco.com �)l�l tllA�1 V A :` J- " ,. C<�`� i� 1`i-�-,V JY�'�� J�� Y.r VAIA\�(�<> ) � .��6 / /�♦ t`c �� v Tc 5.00 in \A v 1 __�_ ;!rt-! ,�'� �'`� �� / ■off ql . / z�. -.r �^V- �. s0'�p_ \ 1 1 V A)�� r'. <� \\ / A E - �♦ �� sueBASIN 3 BYPASS _ _ tit \V�11 l ( S c �> ■ J �� �� V, A V° _ _ - 1 _ _ .' 9 l € v v CLIENT \ lI\ \\\\\\\\\ nN\_^\._- �___\�V.: `, /yam-lii���Y�-���� �,�i 1�I11 - �< ^Z \ INDIRECTLY CONNECTEDAREA=0.43 AC - -� J y_,^ - _-- 1 v 1AV��\vIII 1 - ■ / "oa*q \ �`1 `� (18,589 sf;5CS ON=80 �� � _ - - - \\ �- - ^� °� "_♦ r� o _� DIRECTLY CONNECTED AREA 10.05 AC 0 LENNAR _'�. �`���-, �1A1-'f� • ♦� < I ��/I�ITf -� V (2,2890,SC5CN=98) ��=, - - - - INDIRECTLY CONNECTED AREA=2.36Ac 1100 PERIMETER PARK,SUITE 112 "I ^iN -- , '\ \ TOTALAREA=0.48 AC , - - 5 c -- ��".1�� V1 r l A T�.�-� //� ",ll - _ - 11oz,9oo st;sa cN=n) l ♦1 �r� t \ /`� Izos7s s0 IRECrLYCON CONNECTED REA 000 AC MORRISVILLE,NORTH CAROLINA,27560 ♦♦ s�=.�� �f\^��u V s>w,° `- ♦ � Af11 Tc 10.75 in i I ���� LJ -- -� * (osf) PHONE:919.465.5929 n o N A y / I/ 1 ! _,l I ♦ 1'T \_ _ o%+om rHa o ♦ y` ,J IIIIJ (J/� J \ - I TOTAL AREA=2.36 AC ��'� _ y 1 .-. '� // i -- •� A (Ia2,9DO0) A�- 111 - - I I i I--- � ! 17 � �\I,/1�) ) )I � �i♦� ♦^v����\�`` � \ �� r � � / Q _J �i 1� 1�����} I/��I\I a\I�J \� ����i// �r Qy I e � i - I ` ` r� sszm\ �( //I I h sa \ J T/ � ��J 1<1 �1 I \ C j I 1 1♦i s^y t�`y-., m ��. ) J I ly � / > PROPERTY LINE u� I :. �7 Steil -l- I._.. 1\ 1 _ .-- _ I - -� ♦ u r '/J 111II.. I I \� /r � 1! !(11 JII� Iv \l 1 l IC ♦ \� \ �ti � ��.' Il � (V 1 I, t C it � l 1 t�� \ °.E1� >1 II\\l )��\/L�%lLl\1^?.��^ter~�'�i����� lI I I \���irt����`\ � ■ I\ t� 3 Ilb♦♦ \(°I fl�lll \`�\\\�\t ` )Gi�A(2,5-59.9sjC__ l(4�\\. .♦� � �♦�j ♦�I♦♦.r I t G��AR" 89 07 1 \VI!(�,�1-- II 1I \`(\• � 1I C �i � / t �:� ltic/ / \ r �♦�_ ��, D \ I \ • > ` 1 I iJ 1 l �✓! f ��)f 1'I 10 _ i- ♦i I `-\ 1 / /r • r JI POA#3 \ /l ~ ` / /e - ■ \; .I (l II _ ��l ( r ( �/ /` ♦ �� / ♦ l �.�� / ) !'ram -A ��U 1 vl JIB �f POA#5 > lfr 11, ■r � � ti < t�ll'� r -)�%f ! l I �11 I r ♦ �p�, ,�,�. � si I f ! t I I I I liV / ♦ � � v � l( X � I 1 �I l 1 �! I �► � � - �� � t � ♦� �,I ��� _ J /Irt ) l' � ) / / > 9 li 1 �\\\�y�l1 1 \d 1 Oltl`\IS 1 it/tl I) 1 t` l ay _♦��` J. N J� - -- _ POA#7 •. W/ 3\ 1' .,� v l r J 1 <J _ ■� I L l,i ♦ _.. i /ice-• w/ f V� J l 1< l ♦ �- a I v Al'/ /Ii V o� {gym �,� 1 ���. A ♦ s1 `� � �� I ♦0 -- ,z �//��r ��. � I ( I, I > �-< � O ��°�/ -i �- --• - �� �%1/ram �■ J �� �, I�1j� ! l I A5 ��\l \ UC I A�A/(�,,;/� � \ i° � ��-.�. � - - , ,�,' ors' �♦♦ - = un"� 0 � 1 s SU BBASINI BYPASS , I 1 I I rt '� - / �� 1- - - • INDIRECTLY CONNECTEDAREA-10.85 AC `'. \ \ S�J ) �l / T --S �1♦ 111. ��`�1 N Y - .j I n7 z� , _ ,A t ^gyp (472,549sf,56CN=78) \VA \ 1 I Il l/ /-���/� - - - 1 ♦ '°,��} Y _ - _ 1�� ��- DIRECTLYCONNECTEDAREA=O.00AC I dq I f /f / �\ /� \ ABC f N 9 W X� _ --\h\ \�� w CC (osf;scsCN-981 1 A11\r �. ��J I 1 / S`/ ti " _ Tc-13.14 in AC \/ 1 \ 1 ) \ r - __ / _ - _ -_�� 1 TOTAL 472R549 0) / J ✓� ♦♦.�� � � � N � r 1 \ ' I \ , ` IL/ � 1)�/I�1. i-�. - - • -"-� DI ECTLY CONNERED-cm BAEA=9.03 AC , •• w LU Q -� /I I. d\\ \ / } �> II !// J�/ _.:__/ / // - - 1 _ �•;__-- N q �Ev ♦r W > Z bb (LY ONNECTESCN 815 _ IDIRERLY CONNERED AREA 5.88 AC (255,9800,SCS CN 98)\ TOTAL AREA 14.91 AC _ (649,426 sf) - W Q _ 7 )_/ _ JTl - INDI REC MY CO N NSECTEDA AREA AC I (641,337 sf,scs cN s11 e _ p _ DIRECTLY CONNECTED AREA AC z 473 698 sf SCS CN=98 s � - • Jrs \ TOTAL AREA 25.60 AC ( (1,115,035sf) ) �� > \ I II �� II, \ _J_ I iJ f C f i i 1 l s/rrrr l�l� v vC 11 9 .61 1 III) / `ram- 1 / 1 J I Vy � )s I 1' E. ,j.t� i �♦�r♦.♦�♦�♦ � � A �r � \�� v� � �r \ I � \ k Y� � �/ I \�, J ( ♦s i ->I� � 1 �. ��., � I V � ��L \ � \\ \ � I I POA#8 V I l / / i I �� �.� A l ,�• -V A �� V� ) INDCONNECTED .... _ AA SUBBASIN 4 BYPASS IRECTLVCON NECTEDAREA=0.47 AC �-• �� �_ � i\f', I 1-q,�ll„1 Z ,t _ \���� � > �t .,i�/���< `'IT �/ /-/�� ytiCAA Izo,6zssf;SCS cN=ss1 � ��-�`r � A A �\ �--at-d- --- ----tea;. � ♦e (o l �/� 1 / �y-�� '> II� \ r-Ili DIRECTLYCONNECTEDAREA=0.21 AC \\s-�� �� \ _ i- ��♦ C (�\ /)11j III r f SUBBASIN 9 BYPASS T J �' •^J 1 \ 1)I �� \ \ .""T ��`--• / /� '.... INDIRECTLYCONNECrEDAREA=2.37AC - J ! , \� ��-' ` /J�I / I�/ I (8,950 AREA G.68 \�. 1 ♦ \ "r \\ C \ �'�♦♦ / I (103,106 if,SCS CN=78) >� \ �`\`�! ) \Ja�7 JM1/i/j � S�(�^ `{I ��= TOTALAREA=0.68 AC `�• ,.-.`-tl <e�`<a ���-`--`\\�\\ /1'\l \`\` lI\\�\ -% r , / I I I/ll DIRECTLY CONNECTED AREA=0.02 AC \\ l o II Il��j/ (29,575 sf) `��� �� \ L 1�-> 1\2 \ rl I (� l/ 'H�� i t"-'- 'r --J Ta_S.DDroin `ti�°� ,lJ, C .. � . v �VI1 �i �,;�/, (1,054 sf;SCS CN=98) '� /ice / �i -I l TOTAL AREA=2.39 AC c "=--�J l~ /%� if l/ //� L/ !J \ {� ^� ♦ • J ( 1 (1oa,16osf ��^ 1V(1 � ��Yl/ 1 `� /""/ f 4 \ V A 1� ♦♦�♦ �. /. s ��\�l ��. 4M 1 f�\) `AmMnm,� - m� A,r,J j,�C �_y� j��� '-vI �t\ ll �� o / (�4 V (��� /11� /r l i1m°' • M T \ � ,;���• REVISIONS �-- i f/ � � � ' � 1/� � �\��z � __ �� III �/r� � � 1 l l V i ■ '/ i � V���,i L- ---- �\ ^ ��� i / \ �� I./ s --< %-�1 l i� ��1 � ��� .,��'� �� vAVL : /e(1A I(I. )1,1� ����5!{�t h �_.� / �� t ) I i /♦� .i ■ ■ ■Mu iG �, No. DATe f��� /��i/vi^' r i��-. ii� r� 1_ �� _ _�.__ >�f �llll )` �� i-"- I// 1 �% I/� �.� 1 111 11j��3 JJV r >)_�- i+V ! /� / J ��/^ i �f`� `v ��)f �11 J)11�1/ 1 /1/% ✓ i 1 1 11 I// I ;�� ,�..-5 ) / 1>/� 11 1111 5 !)f i� )1j I �I �'-»ti•�X ( ) s / / I Jl i)�j ( 1 q� v- \� -rl�� r� �l/1�1 �HI�V /�II v 4 l v �� I \\�„ ���\1�� il� � �1 �L C i� f/��� � � > tc sc f ?�(, _ / i / r �/ ♦ / ( (/ STI /.)I / 1f � I J j �51 J1�lllr I ) �� �� ) ) �� ��i✓� iij �� i��=__s� %�)� ',���' i- ) fl (J �I /1 / ( / /I 111 ( J / �-� I I /1i r J r\ ) 11 1 I / sueBASINSBYPAss PLAN INFORMATION INDIRECTLY CONNECTED AREA=2.53 AC �\ I J> =���1 (110,228sf;SC5CN=78) r�1(!l� 5 DIRECTLY CONNECTED AREA=0.19 AC / �/ f (8,22601 SC5 CN=98) / / r a PROJECT NO. LEN-20040 TOTAL AREA=2.72 AC �..1� -�`-\) FILENAME icl94is m�u J1�/.J�JJ/J CHECKED BY , Y/R� DRAWN BY MDW r SCALE 1"=100' 3 DATE 06.10.2022 SHEET `s' N POST DEVELOPMENT s DRAINAGE AREA MAP GRAPHIC SCALE o L POST 2&10 Y R -I oo zoo Both=100 ft. PRELIMINARY DRAWING-NOT RELEASED FOR CONSTRUCTION