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HomeMy WebLinkAbout20230908 Ver 1_Cornwallis Gas Station (Global SUQ)_PCN Attachments_22June2023_20230622Environmental Consultants, A412 Falls ofNEuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-59M sandcc.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: Global Suq S&EC Project 4 Date: 03/05/2023 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Field Office: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also 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. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 0820-36-62-7520, 0820-36-62-3538, 0820-36-52-9838 Site Address: 103, 105, 107 Cornwallis Road City, County, State: Durham, NC PROPERTY OWNER INFORMATION: Name: Abdulla Alqasem and Yusra Abdelrahman Mailing Address: 626 Swift Creek Xing Durham NC 27713 Telephone Number: 9192000125 Abdulla Alqasem Yusra Abdelrahman 03/05/2023 Property Owner (please print) Date Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. From: Mason Montaomery To: "401Pre File(c ncdenr.aov" Cc: "zacharv.thomasCai)ncdenr.aov"; Bob Zarzecki Subject: DWR Pre -Filling Meeting Request - Global Suq (Cornwallis Road Gas Station) Date: Wednesday, April 19, 2023 12:27:00 PM Attachments: 032723 103 W Cornwallis Rd Survey-8.5x11.odf W Cornwallis-1-11-23 (1).odf Aaent Authorization (owner).odf 401/Zachary: Please see the project details below and let me know if a DWR Pre -Filing Meeting is needed. Contact: Bob Zarzecki Contact Email address: bzarzeckiPsandec.com Project Applicant: Property Owners — Abdulla Algasem and Yusra Abdelrahman Project Name: Global Suq (Cornwallis Road Gas Station) Project County: Durham Is this a Transportation Project: No Types of Approvals Sought from DWR: GC4263 Types of Approvals Sought from USACE: NWP 39 Does this project have an existing project ID#? No Name of staff member you would like to request a meeting with, if necessary. Zachary Thomas Brief Description of the proposed project: The proposed Global Suq project is located at 103, 105 & 107 Cornwallis Road, Durham, Durham County, NC. The project is approximately 0.82 acres. The project's purpose is to re -develop the existing gas station. There is proposed wetland impacts less than 1/10th of an acre. This project may only provide a courtesy notification to NCDWR if it is determined to not trigger the notification conditions of GC4263. See attached survey map and agent authorization form. Thanks, 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 mmontl?omery(@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. APlease consider the environment before printing this email. PAW wo1 0 3s Project Number: Map Title: N 15601.W1 o soo 1,600 Project Manager: Figure 1- USGS Map I I I I I I I I KM 107 Cornwallis Rd Property Feet Scale: 1 800' Durham County, NC " = Source: 201 g Soil &Environmental Consultants, PA Date: 8412 Falls of N— Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) W-9467 02/27/2023 Southwest Durham Quad amde°°°m Ir i � 5 r - - 4 re .. ` . { U r 7 ' � T 'L rti -- .� - J A Project Number: Map Title: N 15601.W1 0 40o soo Project Manager: Figure 2 - Soil Survey Map I�i�IIiII KM 107 Cornwallis Rd Property Feet Scale: 1400' Durham County, NC " = ; Source: Soil & Environmental Consultants, PA Date: 8412 Falls of N— Road, Suite 104, Raleigh, NC 27615 - Phone: (919) 846-5900 - Fax: (919) 846-9467 02/27/2023 Soil Survey Sheet No. 26 —dee.com Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Cornwallis Road Property 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and B3e]: 4. Property Owner / Applicant [PCN Form A3 or A4]: See attached AAF 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Soil & Environmental Consultants, P.A. - Kevin Murphrey 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 103, 105, & 107 Cornwallis Road Durham, NC 35.965342,-78.920251 8. Project Location —Tax Parcel ID [PCN Form B 1 a] : 9. Project Location — County [PCN Form A2b]: Durham 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Durham 11. Project Information —Nearest Waterbody [PCN Form 132a]: Third Fork Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030002 Authorization: Section 10 ❑ Section 404 ✓❑ Regulatory Action Type: ❑ Standard Permit Nationwide Permit 9 Regional General Permit 9 ✓ Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ::]Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 03/16/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kevin Murphrey- 8412 Falls of Neuse Road, Raleigh NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: N/A D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Durham City: Durham Center coordinates of site (lat/long in degree decimal format): Lat.: 35.965342 Long.:-78.920251 Universal Transverse Mercator: 17S 687536 3982102 Name of nearest waterbody: Third Fork Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) W1 35.965342 -78.920251 0.04 Ac Wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1 "=800' & 2019 SW Durham, NC Quad ❑ Natural Resources Conservation Service Soil Survey. Citation: Durham county Soil Survey Sheet 26 ❑ 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): 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 staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. urisdictional Determination Reauest US Army Corps of Engineers. Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 103, 105, & 107 Cornwallis Road City, State: Durham, NC County: Durham Parcel Index Number(s) (PIN): 0820-36-62-7520, 0820-36-62-3538, 0820-36-52-9838 B. REQUESTOR INFORMATION Name: Kevin Murph Mailing Address: 8412 Falls of Neuse Road Telephone Number: Raleigh, NC 27615 919-916-0201 Electronic Mail Address: kmurphrey@sandec.com Select one: I am the current property owner. W] I am an Authorized Agent or Environmental Consultanti Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: See attached AAF Mailing Address: Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. *See Agent Authorization Form Attached Print Name Capacity: ❑ Owner Z Authorized Agent' Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑✓ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓� Size of Property or Review Area +0.82 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.965342 Longitude:-78.920251 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Environmental Consultants, A412 Falls ofNEuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-59M sandcc.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: Global S Date: 03/05/2023 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Field Office: S&EC Project 4 I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also 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. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 0820-36-62-7520, 0820-36-62-3538, 0820-36-52-9838 Site Address: 103, 105, 107 Cornwallis Road City, County, State: Durham, NC PROPERTY OWNER INFORMATION: Name: Abdulla Alqasem and Yusra Abdelrahman Mailing Address: 626 Swift Creek Xing Durham NC 27713 Telephone Number: 9192000125 Abdulla Alqasem Yusra Abdelrahman 03/05/2023 Property Owner (please print) Date Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. kCWAff&LWW'I7 04000F''l '14 Iok 0 • WOE Project Number: Map Title: N 15601.W1 o soo 1,600 Project Manager: Figure 1- USGS Map I I I I I I I KM 107 Cornwallis Rd Property Feet Scale: 1 800' Durham County, NC " = � Soil &Environmental Consultants, PA Date: Source: 2019 &5l3 Falk d'lcuac Rued SuNc IOi. HingR NC 7'+615 • Thmrr 19i9184659W • F.: [9l9]814M6 02/27/2023 Southwest Durham Quad °.. Ir i � 5 r - - 4 re .. ` . { U r 7 ' � T 'L rti -- .� - A Project Number: Map Title: N 15601.W1 0 40o soo Project Manager: Figure 2 - Soil Survey Map I�i�IIiII KM 107 Cornwallis Rd Property Feet Scale: 1400' Durham County, NC " = Soil & Etivironmental Consultants, PA Date: Source: 0 /� /�0 Y S413 Fab of N'—Ra&Suir IW.Raleigh\C 27613•No— (919)846-5W• Far:[919]&66-946 Soil Surve Sheet No. 26 Legend f,. I Evaluation Area .� Potentially Jurisdictional Wetland ;� A Durham County Contours �l I��, iIIIII III I IIIIIIII � � �'!� III I I � , , ' !!s�� .-- Ir �� •, �� III IIIII �� I IIIII I I ' I!I'' 06A tt 09B 01A&01BttPL 001. - 1 IIIII D P2—wet (IIIII .I ! III IIII' q W1 ! 011 IIII (IIIII Ilil I� III I �:d� ,- aDP1 u 106B & 07B tt Pipe III I I� III �IIIIIII I�I�IIi �'15�I x ; • 5 11 Detailed Delineation of Waters of the US Suitable for Preliminary Planning Oaly * ` r * �_ - �• S8sEC reserves the tight to modify this map based on more fieldwork, and any other additional information. Approximations were mapped using 1 toPog,hi. maps, it photos and ground truthmg. If the site m going s - to be disturbed, S&EC's detailed delineation should be approved and _ permitted by the U.S. Army Corps of Engineers as required. If the user of �; this work desires an accurate map of the regulated features flagged by - S&EC, they should retain a NC Registered Professional Land Surveyor to locate S&EC's flagging. , N �� Center for Geographic Informatioll n &Analysis Project Number: Map Title: N 15601.W1 0 50 � o0 Project Manager: Wetland Sketch Map I i i i I i i i I KM 107 Cornwallis Rd Property Feet Scale: 1 50, Durham County, NC „ — Soil � Environmental Consultants, Source: PA Date: 8412 F.IIdfN ec Rwd Sukc 104.P ki&\C17615-Ph—!(919) M&5M- Fu:(019)8iG916 03/06/2023 Aerials from NC OneMap WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Cronwallis Road Property City/County: Durham Sampling Date: 03/02/2023 Applicant/Owner: Abdulla Alqasem State: NC Sampling Point: DP1_up Investigator(s): S&EC- Kevin Murphrey Section, Township, Range: Durham Landform (hillside, terrace, etc.): Hillslope Local relief (concave, convex, none): Convex Slope (%): 2-4 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.965260 Long:-78.920225 Datum: NAD 83 Soil Map Unit Name: MfE NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1_up Absolute Dominant Indicato Tree Stratum (Plot size: 30ft X 30ft ) % Cover Species? Status 1. 2. Liquidambar styraciflua 5 Yes FAC 3. Liriodendron tulipifera 5 Yes FACU 4. 5. 6. 7. 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Saplinq/Shrub Stratum (Plot size: 15ft X 15ft ) 1. Ilex opaca 10 Yes FACU 2. 3. Carpinus caroliniana 5 Yes FAC 4. 5. 6. 7. 8. 9. 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Herb Stratum (Plot size: 5ft X 5ft ) 1. Polystichum acrostichoides 15 Yes FACU 2. Lonicera japonica 5 Yes FACU 3. 4. 5. 6. 7. 8. 9. 10. 11. 20 =Total Cover 50% of total cover: 10 20% of total cover: 4 Woody Vine Stratum (Plot size: 30ft X 30ft ) 1. Vitis rotundifolia 5 Yes FAC 2. Smilax rotundifolia 10 Yes FAC 3. 4. 5. 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 50.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _2 - Dominance Test is >50% _3 - Prevalence Index is <-3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No X US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: DP1_up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-20 10YR 5/4 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _2 cm Muck (A10) (MLRA 147) _Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) _Black Histic (A3) _Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) —Depleted Matrix (F3) (MLRA 136, 147) _2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) —Depleted Below Dark Surface (A11) —Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) _Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Cronwallis Road Property City/County: Durham Sampling Date: 03/02/2023 Applicant/Owner: Abdulla Alqasem State: NC Sampling Point: DP2 wet Investigator(s): S&EC- Kevin Murphrey Section, Township, Range: Durham Landform (hillside, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope (%): 2-4 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.965352 Long:-78.920249 Datum: NAD 83 Soil Map Unit Name: MfE NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? YesFx1 J_L No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) X High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) X Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) X Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) X Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 4 X Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP2 wet Absolute Dominant Indicator Tree Stratum (Plot size: 30ft X 30ft ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 4 (A) 3. Total Number of Dominant 4. Species Across All Strata: 4 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15ft X 15ft ) FACW species x 2 = 1. Salix nigra 10 Yes OBL FAC species x 3 = 2. FACU species x 4 = 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 - Prevalence Index is <-3.0' 10 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 5 20% of total cover: 2 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5ft X 5ft ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 15 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Typha latifolia 10 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 25 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 13 20% of total cover: 5 height. Woody Vine Stratum (Plot size: 30ft X 30ft ) 1. 2. Smilax rotundifolia 10 Yes FAC 3. 4. 5. Hydrophytic 10 =Total Cover Vegetation 50% of total cover: 5 20% of total cover: 2 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: DP2 wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-20 10YR 4/2 85 10YR 4/6 15 C M Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _2 cm Muck (A10) (MLRA 147) _Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) _Black Histic (A3) _Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) _Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) —Depleted Below Dark Surface (A11) —Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) _Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 Representative Photos for the Cornwallis Road Property W1 W1 Wetland Soil W1 W1 FA DURHAM CITY OF DURHAM Department of Public Works Stormwater Services 101 City Hall Plaza I Durham, NC 27701 919.560.4326 1 F 919.560.4316 1 869 www.durhamnc.gov CITY aF MEDICINE June 07, 2023 Via E-mail Steven Ball Soil and Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (919)846-5900 Sandec.com SUBJECT: 103, 105, 107 Cornwallis Road REFERENCE: COD Jordan # 2023-015 Project Name 103, 105, 107 Cornwallis Road PIN 0820-36-52-9238, 0820-36-62-3538, 0820-36-62-3538 Parcel ID 157133 Location/Directions 103, 105, 107 Cornwallis Road Sub Stream Third Fork Creek Date of Determination 05/22/2023 Table 1. Stream Feature Determination 103, 105, 107 Cornwallis Road Property Feature Not Subject Subject Start @ Stop @ Stream Type Soil Survey USGS Topo A X 107 W Cornwallis Enters Stormwater Ephemeral X Road Culvert *N/A- Not Applicable Wetlands are evaluated by the City of Durham Planning Department. If a wetland is suspected to exist within or in close proximity to the project area, contact Bo Dobrzenski (Bo.Dobrzenski@durhamnc.gov or 919-560-4137 ext. 28230) to determine wetland setbacks. Explanation: The feature(s) listed on the attached Table 1 have been located on the Soil Survey of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale, or was determined to be subject per section 8.5(B)(4) of the Durham Unified Development Ordinance. Each feature that is checked "Not Subject" has been determined not to be a stream. Features that are checked "Subject" possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced but, still may be considered jurisdictional according to the US Army Corps of Engineers (USACE) and the Division of Water Resources (DWR), or both. Stream Determination — 103, 105, 107 Cornwallis Road Property Page 2 of 3 In regards to potential setbacks, see Reference Guide for Development section 8.0.8.A hllps://www.durhamnc.gov/DocumentCenter/View/333 I /Reference-Guide-for- Development-?bidld= This determination only addresses the applicability to the buffer rules within the subject property and does not approve any activity within buffers or within waters of the state. There may be other streams, wetlands, ponds, or other features located on the property that appear or do not appear on the maps referenced above. Any of the features on the site may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute this determination made by the City of Durham may request an appeal determination by the Director of Water Resources. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing via email to Stephanie.Goss@ncdenr.eov. If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.) Stephanie Goss - DWR 401 & Buffer Stephanie Goss - DWR 401 & Buffer Permitting Branch Supervisor Permitting Branch Supervisor 1617 Mail Service Center 512 N Salisbury St. Raleigh, NC 27699-1617 Raleigh, NC 27604 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) calendar days of the date of this letter. For questions regarding this determination letter, please contact Travis Marion at the following: (Travis. Marion@durhamnc.gov). For questions regarding the appeals process, please contact Shelton Sullivan with the Division of Water Resources (DWR) at shelton.sullivan@ncdenr.gov or 919-707-3636. This determination is subject to review as provided in G.S. 150B. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) calendar days. The owner/future owners should notify the City (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity or other City of Durham permit(s). Durham — Where Great Things Happen Stream Determination — 103, 105, 107 Cornwallis Road Property Page 3 of 3 Any inquiries regarding section 404/401 permits should be directed to DWR (Central Office) at (919) 807-6300, and the USACE (Raleigh Regulatory Field Office) at (919) 554-4884. Central Office Website: 401 & Buffer Permitting Branch I NC DEQ Raleigh Office Website: Raleigh Regional Office I NC DEQ If you have any questions about the City's determination or need clarification, please contact me. Sincerely, Travis Marion, Senior Engineering Specialist Stormwater Development Review Group Travis. Marion@durhamnc.gov (919) 560-4326, x 30238 Attachments: Table 1. Stream Feature Determination 103, 105, 107 Cornwallis Road Consultant's Topographic Map— Figure #1 Consultant's Soils Survey Map — Figure #2 Consultant's Site Map- Figure #3 Durham — Where Great Things Happen kCWAff&LWW'I7 04000F''l '14 Iok 0 • WOE Project Number: Map Title: N 15601.W1 o soo 1,600 Project Manager: Figure 1- USGS Map I I I I I I I KM 107 Cornwallis Rd Property Feet Scale: 1 800' Durham County, NC " = � Soil &Environmental Consultants, PA Date: Source: 2019 &5l3 Falk d'lcuac Rued SuNc IOi. HingR NC 7'+615 • Thmrr 19i9184659W • F.: [9l9]814M6 02/27/2023 Southwest Durham Quad °.. I� i � 5 4 r U r P ��j ■ 71 ` 4A _ L _ r T Join + 4 y Project Number: Map Title: N 15601.W1 0 40o soo Project Manager: Figure 2 - Soil Survey Map I�i�IIi1l KM 107 Cornwallis Rd Property Feet Scale: 1400' Durham County, NC " = Date: Source: Soil & Eiivironmeiital Consultants, PA 02/27/2023 Soil Survey Sheet No. 2s 8ilS Falk! cux•Rwd Suer lO+ &gi tiC7615•Yhon: 1919)8-0659W•Fec [9l9]&14 -06 Legend Evaluation Area Potentially Jurisdictional Wetland Durham County Contours "1 U. 01A&01BttPL 0.A tt 0•- 06B & 07B tt Pipe • C3 r Detailed Delineation of Waters of the US y Suitable for Preliminary Planning only S&EC reserves the tight to modify this map based on more fieldwork, f T �thanA aa d —in - ' A and —y o ey dditional iformation. pproximtions were mpg topographic man aps, air photos d ground truthigong. If the site is going to be disturbed, S&EC's detailed delineation should be approved and permitted by the U.S. Army Corps of Engineers — required. If the user of }y�.y this work desires an accurate map of the regulated features flagged by S&EC, they should retain a NC Registered Professional Land Surveyor to locate S8sEC's flagging. NC Center for GeographiE l Vfi grmati,07&&nalu i Project Number: Map Title: N 15601.W1 0 50 100 Project Manager: Wetland Sketch Map I i i i I i i i I KM 107 Cornwallis Rd Property Feet Scale: 1 50, Durham County, NC „ — Soil & Environmental Consultants, PA Date: Source: 8412 F.11—fN—Rwd Sukc 104.P ki&\C17615- Phac!(919) M&5M- F—(919)8i'.916 03/06/2023 Aerials from NC OneMap N Z a o-� w�+i \ �/ �X/AO GA / ICY� a in-339 ¢� w"tO'�. 3Mo a a 1REE�WE / i ,PAi z O w Q o z� ww ry> on ry O 11 Q (U am Ua Q tul GROUP mo NSVo o= Q d Of � � die Q cQc - N ( J J G W m m .. Z Cf) U < GROUP IS S Q I.A..I O Z Q S U z oQ Q q�p ' �D o wow > LLJ O wo J M w Q li U (A M I = Z UUU o U w � 1 w m bpb (A p/Q � G. AK Hill ZR y 41 rc12-8 341 3 r. O II Ci ii ^ n it Z 6< (na. F II o Zorn rnN 2 0,40 � 3 II o y V) a� �wrnwEUN<Z<0 `<j \ a' QZd � IZQ �� ow�aa �oaZ3 N U - d Q Haim V F� U) Y7 d - U O 00.0 O- O ea amp"Kj d a N Z -i Wm m m 0 Caw U as 3 Z N eu Q GRouP CL Js4� < Q 1 w � W Q v o Q NQ mz N SUo CO cx L'i .A) `uol 0 u�i v M M a M n M n M 00+Z OOHS£ =NI ANI lIVMOV H/IIVM ONINIVl �l 'dOLld OS+I U� a� (W 8) LL'Z££ an0 •3•I J �\ w (£V H) L6Z££ :NI '3•I �' J 4Z'44£ 4418 99'ZO+I 'V1S ZV ar load p a M oo+I II (90 '1SIX3) 017££ an0 '3'I (ZV 8P) o£'Z££ :NI 9L'£b£ 4418 z £l'6L+0 'V1S tV ar doad _, N 0 u u O oS+o oa a cD d N Wi u K � u u JC � M 8P) 6L'SZ£ :N ' W � � L9'Zb£ :WI ' V \ 00.00+0 'VIS 00+0 eo •lsix3 d ad o M M o � M o PO Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 April 17, 2023 S&EC Project No: 15601.W5 Re: Online Project Review Request, 107 Cornwallis Road Property, 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 April 17, 2023, and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of A planned commercial re -development that is proposing wetland impacts. The location of the project and the action area are identified on the enclosed maps. 107 Cornwallis Road Property (35.965410,-78.920071). The site is located at 107 Cornwallis Rd, Durham — Durham County, North Carolina. Construction will commence following the anticipated Section 404 & 401 Approvals and should be completed by the Nationwide Permit Expiration date of March 15, 2026. This project review is needed under the provisions of Section 7 of the Endangered Species Act (ESA), and per General Condition 18 of Nationwide Permit 39. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NIP 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 8412 Falls of Neuse Road, suite 104, Raleigh, NC: 27615 • Phone: (919) 846-5900 •lax: (919) 846-9467 sandcc.com April 17, 2023 S&EC ProjectNo.: 15601.W5 To: Global Suq Attn: Ahmad Qasem 105 W Cornwallis Rd Durham, NC 27707 Re: THREATENED & ENDANGERED SPECIES REPORT 107 Cornwallis Road Property (+/- 0.82 acres) 107 Cornwallis Rd, Durham, Durham County, NC Ahmad Qasem: On April 17, 2023, Soil & Environmental Consultants, PA (S&EC) evaluated the 107 Cornwallis Road property shown on the attached maps for potential endangered species. The property is located at 107 Cornwallis Rd in Durham County, NC. Surface waters on -site flow into Third Fork Creek in the Cape Fear Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as WS-V; NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. 107 Cornwallis Road Property - S&EC Threatened & Endangered Species Report Page 1 of 5 April 17, 2023 S&EC Project #15601.W5 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Tricolored Bat, (Perimyotis subflavus), Proposed Endangered • Atlantic Pigtoe (Fusconaia masom), Threatened • Monarch Butterfly (Danaus plexippus), Candidate • Michaux's Sumac (Rhus michauxil), 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 one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified 13 managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. TRICOLORED BAT (Perimyotis subflavus): S&EC personnel conducted preliminary surveys for suitable habitat and individual Tricolored Bat's within the project area. During our survey, we found no individual species. Relying upon the findings of the December 2021 Species Status Assessment (SSA) Report for the Tricolored Bat. S&EC did not identify any culverts on -site or within adjacent ROW large enough to be considered roosting habitat. Due to the nature of the project being commercial re -development, which will include tree removal, we concluded that the proj ect would "May affect, but not likely to adversely affect" TCB's. ATLANTIC PIGTOE (Fusconaia masona): S&EC personnel conducted preliminary surveys on -site for potential suitable habitat for the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. 107 Cornwallis Road Property - S&EC Threatened & Endangered Species Report Page 2 of 5 April 17, 2023 S&EC Project #15601.W5 Our preliminary survey concluded that suitable habitat does not exist on -site. There are no perennial or intermittent streams on -site. Due to these observations, we have concluded that the project would have "No effect" on the Atlantic Pigtoe. MONARCH BUTTERFLY (Danaus plexippus): The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving pollinator habitat where practicable. MICHAUX'S SUMAC (Rhus michauxial: S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary surveys. We found no individual Michaux's Sumac species within the project area. The NHP report did not list any known elemental occurrences within the project area. We found marginal habitat within the project areas to include primarily disturbed open areas along roads. However, these areas are believed to be maintained. It should be noted that this preliminary survey was done outside of the optimal survey window (May -October). Given the lack of species present within the marginal habitat, we concluded that the project would have "No effect" on 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 occurrences within the project area. We found marginal habitat within the project areas to include primarily disturbed open areas along roads. It should be noted that this preliminary survey was done outside of the optimal survey window (Late May -October). Given the lack of species present within the marginal habitat, we have concluded that the project would have "No effect" on Smooth Coneflower. We recommend consulting with the USFWS and/or conducting follow up surveys within the optimal survey window. 107 Cornwallis Road Property - S&EC Threatened & Endangered Species Report Page 3 of 5 April 17, 2023 S&EC Project #15601.W5 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 on -site or within one mile of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb nesting bald eagles. " We believe no Eagle Act Permit is required. NORTHERN LONG-EARED BAT (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's) within the project area. During our survey, we found no individual species. The NLEB online determination key is not required for this area of Durham. Due to the nature of the project being commercial re -development, which involves tree removal, we concluded that the project would "May affect, but not likely to adversely affect" NLEB's. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter." Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). USFWS should be consulted to determine if surveys need to occur during the optimal survey windows for Michaux's Sumac and Smooth Coneflower to ensure that no plants exist within the disturbed limits of the project. We strongly recommend requesting a concurrence letter from the FWS. Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department 107 Cornwallis Road Property - S&EC Threatened & Endangered Species Report Page 4 of 5 April 17, 2023 S&EC Project #15601.W5 Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. Overall Site Plan 6. 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. April 3, 2023. 7. NHP Report: April 3, 2023. 8. S&EC — FWS Species Conclusion Table. April 17, 2023. 9. S&EC — FWS Self -Certification Letter. April 17, 2023. 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. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia masons). Version 1.2. December 2021. Atlanta, GA. -U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 30pp. -U.S. Fish and Wildlife Service. 2021. Species Assessment (SSA) Report for the Tricolored Bat (Perimyods subflavus) Version 1.1. Hadley, MA. -U.S Fish and Wildlife Service. 2022 Recommended Minimum Culvert Dimensions for Bat Roost Surveys in Western North Carolina. Ashville, NC. 107 Cornwallis Road Property - S&EC Threatened & Endangered Species Report Page 5 of 5 kCWAff&LWW'I7 04000F''l '14 Iok 0 • WOE Project Number: USGS Map Map Title: N 15601.W5 0 800 1,600 Project Manager: I i i i I i i i I BZ 107 Cornwallis Rd Property Feet Scale: 1 800' Durham County, NC " = � Soil &Environmental Consultants,PA Date: Source: 2019 r413 Falk d'lcuac Rued SuNc IOi. HaingR NC 7'+615 • Thmrr 19i9) 84659W • F.r: [9l9]814M6 04/17/2023 Southwest Durham Quad °.. I� i � 5 r - - 4 r B 4Ar ' p U r ��j ■ 71 ` 4A _ L _ r T Join + 4 y Project Number: Map Title: N 15601.W5 0 40o soo Project Manager: SOII Survey/ Map I�i�IIiII BZ 107 Cornwallis Rd Property Feet Scale: 1400' Durham County, NC " = Date: Source: � Soil &Environmental Consultants, PA 04/17/2023 Soil Survey Sheet No. 26 84l2Falk! cux•Rwd Suer lO+ gi tiC &7615•Yhon: 1919)8-0659W•Fec [9l9]&14 -06 I� JA`♦�`�� � / a / I �. �.�_,_ d` ��- O - e o . o o o C3v.vuc•W7�ac' Job #: 15601.W5 April 17, 2023 Threatened and Endangered Species Photo Report for the 107 Cornwallis Road Property Photo 1: Photo 2: 'W0 4 �r��TAE C0441, 1 Job #: 15601.W5 April 17, 2023 Photo 3: Photo 4: t V C, 4%R, 15A . G � � a;�� . Aw � , � �•. �,: r•�ly..'r•a • � m is - � . rAw. �� � � � -����, �� �� �' f� is •!�' '"3^"+� ��}�� r.'T� ••�sl.ri ISE%r . M 2 O F Q 2 m rc s� V) // \\ p `hpp �; WATER SERVICE LINE z � o ROx �0�4 ti �2 1• ly VpF- F� -0A� \\ IPS Ll 5 � WF-06A �� ems• / F O 02)B l SO Ad 'Jr. WF-03A \0 Wr-048 LINE / _ TT-P \ 04B 0 \ L / ®WELLS Q \\ \WF-05B �( cad �� A ♦ r 22.8723"E 22.87' N5315'37'W 93.00 I ro c$� GAS SERVICE LINE N53'19'47"W� �t 7.00' I S �O S53'19'47'E 31.80' \ LEGEND 1.�y�$UIi��'^\`����s Surveyed `4o��s L;ne NotSury Surveyed Iron Property Corner Q EIP New Corner Set QO 1, CHAN CHOI, CERTIFY THAT THIS Ex;st;ng Iron P;pe EIP MAP WAS DRAWN UNDER MY DIRECT Iron Pipe Set IPS SUPERVISION FROM AN ACTUAL THIS MAP HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR Deed Book DB SURVEY MADE UNDER MY COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS Book of Mops BM SUPERVISION AND THAT THE SURVEY NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS. Poge Number PG IS OF AN EXISTING PARCEL. SITE PLAN 0 60 120 iiiia SCALE: 1 " = 601 META GEOMATICS 267 Gartrell Way, Apex NC - 27519 (919) 443 - 9214 NC FIRM # P-2567 PREPARED FOR: 103-105-107 W CORNWALLIS RD DURHAM, NC 27707 PRELIMINARY FOR REFERENCE ONLY TOWNSHIP: DURHAM I COUNTY: DURHAM DATE: 03/27/2023 SURVEY DATE: 03/17/2023 1 SURVEYED BY: CBC PROJ ID: C22103 United States Department of the Interior FISH AND WILDLIFE SERVICE 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: Project Code: 2023-0063516 Project Name: 107 Cornwallis Rd e x hSai k 4YYFJiYJft +cfln7i� i� April 03, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 04/03/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 04/03/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 04/03/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 04/03/2023 PROJECT SUMMARY Project Code: 2023-0063516 Project Name: 107 Cornwallis Rd Project Type: Residential Construction Project Description: This project is approximately 1 acre and is located in Durham, NC. Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.96529725,-78!920114575671,14z -?',I, c � r+ Counties: Durham County, North Carolina 04/03/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 5 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 Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 CLAMS NAME STATUS Proposed Endangered STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate 04/03/2023 4 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 Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 04/03/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 04/03/2023 NAME BREEDING SEASON Cerulean Warbler Dendroica cerulea Breeds Apr 28 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/297 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Eastern Whip -poor -will Antrostomus voci ferns This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor Breeds Mar 15 to Aug 25 Breeds May 1 to Aug 20 Breeds Apr 20 to Aug 20 Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see 04/03/2023 3 below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC t tttt t tt TttT T Vulnerable 04/03/2023 4 Black -billed Cuckoo Cuckoo BCC Rangewide (CON) Cerulean Warbler BCC Rangewide -4-4 44 44 I1111 4t tt* 4* 44 44 ** *4 (CON) --- Chimney Swift BCC Rangewide -4-4 4-4 I I I oo$ $III loss sell sw wil w m *-4 (CON) Eastern Whip -Poor- ��-4 4-4 ��.4 I 4 _44 4-4 tttt t4� Will BCC Rangewide (CON) Kentucky Warbler BCC Rangewide r -44 I 4� �t� I I 1 -4t , I � -4-4 4 11 _ tt tot (CON) Prairie Warbler BCC Rangewide TI ttt -4 T t t ** *tt (CON) Prothonotary Warbler++++ +t+t tttt 0000 0000 0000 400 0++ t� I I I t+t ++++ + BCC Rangewide (CON) Red-headed Woodpecker 4to 04 44 0000 0000 0000 0000 0000 0000 0000 000+ 000+ BCC Rangewide (CON) Rusty Blackbird BCC - BCR I I t I I I I I I t* I I I. t l 1 1 III I I I T Wood Thrush BCC Rangewide 44 tttt (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.Ddf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in 04/03/2023 5 the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding. and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? 04/03/2023 6 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of 04/03/2023 certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 04/03/2023 E3 IPAC USER CONTACT INFORMATION Agency: Soil & Environmental Consultants, PA Name: Mason Montgomery Address: 8412 Falls of Neuse Road Address Line 2: Suite 104 City: Raleigh State: NC Zip: 27615 Email mmontgomery@sandec.com Phone: 7047732837 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 April 3, 2023 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: 107 Cornwallis Rd; 16501.W5 Dear Robert Zarzecki: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. 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: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. 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�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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Box 33726 Raleigh, NC 27636-3726 Pro] ect Name Date: Self -Certification Letter Cornwallis Road Property Dear Applicant: saKvIca Interior 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; 0 "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 Raleighgfws.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 ®` 03 ® ®( k « �) ` � �� � � ®� � • � : � � [ j7 e \ ` J2� @ \ / 4P9_m, k } a 3 w `~° ° a ~ a % `�) / ®» tc : f , , , # ems, grey_. 0 m mo®0 , « IQ C. � z . � J & � % , % t t .. 116, +`\ � ®oav / »y C 3 ` / f e mALM 7 % . § , | 2 f } _ 01.0 E . ¥ nOl k \ » . b E mgi eC $ t ® + # — a Gm,-_. \ ®