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HomeMy WebLinkAbout20231011 Ver 1_Support Docs_20230717Legend Q Limits of Disturbance Data Sources: Project Area based on information provided by the Client; USA Topo Maps Drwn: MM Project Location FIGURE ierracon Chk TR Columbia Street � Project jct No.: Proe 70227756 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Orange County, North Carolina Date: January 202311 Phone: (919) 873-2211 Fax: (919) 873-9555 Data Sources: Project Area based on Le end information provided by the Client; NC g OneMap; Esri World Imagery Q Limits of Disturbance Parcel Boundaries Drwn: MM Project Location FIGURE Chk TR rerracon Columbia Street 2 Project jct No.: Proe 70227756 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Orange County, North Carolina Date: January 202311 Phone: (919) 873-2211 Fax: (919) 873-9555 LJ 3r m3 _W� off= w O� - o c�i m ••".�.`�1p. � om of � p w w —1110I - PQE z o�� �aFC9 = o z m W W W z N yj gut --------- G --I-- am qg ho �z W--- -- ---- Z � 0 Q .. �zz B f~ �3 c� G w sf v � _ y _ 0 _——————— 0 om ,���� —�-- ' I / z rIj LU Q - °�g�`� z o z G J Q w�H i = 3 s 6 �z w ��� �O --- -------- ,-,-- ...... 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Aj f ca 10 WHO gfr 9 �8 u o - o III o - \� -- - - ado ee/ 1 - Qeo ol. o �ww �a -- a� ore z e�\ � 4 0 / w V— LL veo-� imewmenvwv d— inewmsnvwva-1 U U z w Z o� e ot / O e \ w o a z ry P aC2 �2 �g s 6RF, R�$8^RFABn�k 9 fiw iYm"fin i \ \ - j rv� / ag ho 10 0 f O Q m LU _ .,.,<y.. --v< - yyv .,may F o o o o o o o o o o o No o c� o1 $I oy O o gNee3 F o a � T 11 0 o3 W. �a noNo oo nl++ram z nl �o d w o w L G §mo G o z5�s 1 oo lo 3, 11,AooN3 a L Gad a, le oo aIT�G x -1:- goo 0 o F H z 0 000� oz� boa a �3yo �, o aoo Q ma moo z- - - "i o � - - - r o� -_ �w ! 711, L� ogpopoo j- F m� N�w�o 0 7. � o� z Moil 3'o O,z ow> 0 oWOWQ�YJ x og www o =-�Mo c o�oo + _ w -o � �L � LFA TOWN OF CHAPEL HILL APPROVAL ORDINANCE A (Approving the Conditional Zoning Modification) AN ORDINANCE MODIFYING THE PREVIOUSLY APPROVED MIXED USE -VILLAGE - CONDITIONAL ZONING DISTRICT (MU-V-CZD) (PROJECT#18-039) FOR COLUMBIA STREET ANNEX LOCATED AT 1150 SOUTH COLUMBIA STREET (PROJECT #MOD-23- 1)(2023-06-14/0-1) WHEREAS, the Council of the Town of Chapel Hill previously considered and approved a Mixed Use Village -Conditional Zoning District for Columbia Street Annex located at 1150 South Columbia Street on March 24, 2021, and WHEREAS, the Council has previously considered and approved a Mixed Use Village - Conditional Zoning District for Columbia Street Annex located at 1150 South Columbia Street, The Council of the Town of Chapel Hill has considered the application to modify the Conditional Zoning District submitted by Thomas & Hutton, on behalf of C. H. Hotel Associates, Limited Partnership (Owner), to modify the Conditional Zoning District consisting of 4.07 acres located at 1150 South Columbia on property identified as Orange County Property Identifier Numbers (PINs) 9788-20-4502, 9788-20-5716, and 9788-20-6500 to accommodate revised plans, and finds that the amendment is: • Consistent with the Town's Comprehensive Plan, per NCGS 160D-605; and • Reasonable and in the public's interest, per NCGS 160D-605; • Warranted because of changing conditions and warranted to achieve the purposes of the Comprehensive Plan, per LUMO 4.4 WHEREAS, the application, if rezoned according to the district -specific plan dated April 26, 2018 and last revised February 15, 2023 and the conditions listed below would, per LUMO 4.4.3(f): 1) Conform with the applicable provisions of the Land Use Management Ordinance and Town Code 2) Conform with the Comprehensive Plan 3) Be compatible with adjoining uses 4) Mitigate impacts on surrounding properties and the Town as a whole 5) Be harmonious with existing and proposed built systems including utility infrastructure, transportation facilities, police and fire coverage, and other public services and facilities 6) Be harmonious with natural systems such as hydrology, topography, and other environmental constraints NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows: SECTION I The following Orange County parcels identified by Parcel Identifier Numbers (PINs) 9788- 20-4502, 9788-20-5716, and 9788-20-6500, described below, along with 0.16 acres of the Monroe Street right-of-way to be abandoned, shall be rezoned to Mixed Use -Village - Conditional Zoning District (MU-V-CZD): LEGAL DESCRIPTION Beginning at a point on the southeastern corner of the site on South Columbia Street right of way proceeding clockwise; Thence S21056'21"W a distance of 56.75' to a point; Thence with a curve with a length of 190.58' and a radius of 624.07' on a chord with a bearing of S73046'10"W and a length of 189.84' to a point; Thence N71007'45"W a distance of 95.08' to a point; Thence S79016'08"W a distance of 122.25' to a point; Thence N73028'55"W a distance of 136.66' to a point; Thence N39012'39"W a distance of 87.02' to a point; Thence N50035'02"E a distance of 75.5' to a point; Thence N14046'29"E a distance of 120.51' to a point; Thence N07051'23"W a distance of 31.79' to a point; Thence S84008'40"E a distance of 236.95' to a point; Thence N20002'39"E a distance of 43.27' to a point; Thence N20002'47"E a distance of 71.13' to a point; Thence N20003'12"E a distance of 83.74' to a point; Thence S165007'37"E a distance of 55.98' to a point; Thence with a curve with a length of 123.96' and a radius of 615.67' on a chord with a bearing of S284021'48"E a distance of 123.75' to a point; Thence S26001'25"E a distance of 76.10' to a point; Thence S24031'26"E a distance of 83.48' to a point; Thence S24031'26"E a distance of 75.06' to a point; Thence S25030'25"E a distance of 32.20' to a point; Which is the point of beginning, having an area of 160,985.63 square feet or 3.698 acres, including to the midpoint of the adjoining South Columbia Street right-of-way. SECTION II BE IT FURTHER ORDAINED by the Council of the Town of Chapel Hill that the following conditions are hereby incorporated by reference: Existing Permit: The existing Conditional Zoning Permit dated March 24, 2021 on file at the Town of Chapel Hill Planning Department, and recorded in the Orange County Registry (Book 6801, Pages 777-790) remains in effect except as modified by this ordinance. 2. Consent to Conditions: This approval is not effective until the petitioner provides written consent to the approval. Written consent must be provided within ten (10) business days of enactment by the Town Council. 3. Land Use Intensity: This Conditional Zoning Atlas Amendment Modification authorizes the following: Land Use Intensity Mixed se -Village Maximum Floor Area 62,188 sq. ft. Maximum Impervious Surface 50,985 sq. ft. Permitted Number of Dwelling Units 58-60 total units 4. Resource Conservation District Disturbance and Impervious Area Limitations: Maximum Land Disturbance Maximum Impervious Surface Stream Side Zone 2,210 sq. ft. 0 sq. ft. Managed Use Zone 23,100 sq. ft. 12,850 sq. ft. Upland Use Zone 18,300 sq. ft. 14,950 sq. ft. BE IT FURTHER ORDAINED that the Council hereby approves the application for the modification of the Conditional Zoning for South Columbia Street Annex at 1150 South Columbia Street. This the 14th day of June, 2023. USFWS SELF CERTIFICATION EMT OF T�F 1[B.. WILnur• c ywa 20 S�K�,�;� United States Department of the Interior FISH AND WILDLIFE SERVICE ,y Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 1/12/2023 Self -Certification Letter Project Name 1100 Columbia Street Phase 2 Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ❑,.no effect" determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or ❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or ,.not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package 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: 2023-0033446 Project Name: 1100 Columbia Street 1 a iJi f i s IL! u_u ar�np r January 12, 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 01/12/2023 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. 01/12/2023 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 01/12/2023 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 01/12/2023 Project Summary Project Code: 2023-0033446 Project Name: 1100 Columbia Street Project Type: Residential Construction Project Description: Buffer around a stream restoration. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/@35.89476055,-79,05916101029001,14z Sprinq J 1 X Counties: Orange County, North Carolina 01/12/2023 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA 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 S TATU S Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 Clams NAME S TATU S Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 STATUS Candidate Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 01/12/2023 Migratory Birds Certain birds are protected under the Migratory Protection Act2. Bird Treaty Act! and the Bald and Golden Eagle 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 Treater 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 01/12/2023 NAME 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. Golden Eagle Aquila chrysaetos This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1680 Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds Mar 15 to Aug 25 Breeds May 1 to Aug 20 Breeds elsewhere Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental 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 01/12/2023 months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 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 JANFEB + +MAR T APR ++ +MAY + JUN JUL AUG ii SEiP OCT i yNOV i 1DEC + Bald Eagle �#t I t I I 00 Ott I I I I I�-+� too 44 40T I� I I I I 01/12/2023 4 Non -BCC Vulnerable Clack -billed Cuckoo BCC Rangewide (CON) Chimney Swift ttttBCC Rangewide T+TT T joi I �-111 ++++ ++++ +�-4 1 IiT* owtttt tttt (CON) Eastern Whip -poor- I I I I I I I I I I I I I I I- I I I I I 1 11111111 Whip -poor - will I+It Ittl I+ It It I+I+TT It I+It It I+ I}-I+It BCC Rangewide (CON) Golden Eagle Non -BCC Ht tH TTT I tttt Ht tttt I 4t 44 ttt I tttt tt+t tttt Vulnerable Kentucky Warbler BCC Rangewide Ht t t44 4 (CON) �+ TTTT TTTT TTTT TTTT Prairie Warbler I � �14 -4-4 TTTT 0000 �4�I I �T I I T� 1114 -4-4 -4-4 BCC Rangewide ' (CON) Prothonotary HtWarbler t ttI tI TI �� I tttt t t tttt BCC Rangewide (CON) Red-headed Woodpecker 0000 0000 0000 0000 BCC Rangewide (CON) Rusty Blackbird BCC -BCR TT0TTT TT TTTT Wood Thrush Ht II I IBCC Rangewide TTTT TTTT (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratoEy-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoidin g-and-minimizing-incidental-take-migratory-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. 01/12/2023 Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? 01/12/2023 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive 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 01/12/2023 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. 01/12/2023 IPaC User Contact Information Agency: Terracon Name: Nick Reenan Address: 2401 Brentwood Road Address Line 2: Suite 107 City: Raleigh State: NC Zip: 27604 Email nick.reenan@terracon.com Phone: 2144541190 Q) cc Lm r y O .y t� O CU y d d Q N N N N ca s N N CO E O U 0 0 N E m Z U N •O U N N O U O U L CD CD m CDL CD M N O N Ni N (a 0 42 42 42 N N N 0') 0') 0') O O O O 0 0 0 cc M M M E H M H M H M 0 N N N U O O O O O O Q U) E E E 4) N N N O Z N � N N � N N � N � W m m m Z 2 = _ c� Q cc O W Cc U U U U N N N N _ E N N N N i O Z O Z O Z O Z d 0 N N W N N N O N O O M M M Y N N N O O O cc Z �•. i m �O � N m d _O i W O U (a m y d H Q O � d Q N 7/. Q 0) O c L •— Q m m E �6 O a)C E E 0 ca c N H N cu m NCNHP REPORT Roy Cooper, Governor INC DEPARTMENT OF ■■■ NATURAL AND CULTURAL RESOURCES January 12, 2023 Nick Reenan Terracon Inc. 2401 Brentwood Road, Suite 107 Raleigh, NC 27603 RE: 1100 Columbia Street Phase 2; 70227756 Dear Nick Reenan: D. 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 11) 121 W. JONES STREET_ RALDGK MC 27603 • 1651 MAIL SERVICE CENT£R. 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Checked By: MM Filename: Columbia Street Approved By: RT Date: January 2023 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 phone: (919)873-2211 Fax: (919)8739555 Project No. 70227756 ,r ierracon 0 177°S (T) LAT: 35.895067 LON:-79.059115 ±36ft ■ 334ft Photograph 1: Stream Habitat 0,130N (T) LAT: 35.894825 LON:-79.059128 ±32ft ■ 335ft Photograph 2: Stream Habitat 1100 Columbia Street Permits Project No. C-2.1 ,r ierracon E-,I�•- --h - 0 20°N (T) LAT. 35.894821 LON:-79-059663 ±45ft ■ 334ft Av .. •' ,• .fir. �y...:. ��• ~•_�', rt: f:�°•'.'r _ - 1,� �'�` . r. �.'.: 1F ry�\. ~ � IMF};r Photograph I Forest Habitat 0 22°N (T) LAT: 35.895274 LON:-79.059267 ±32ft ■ 345ft Photograph 4: Forest Habitat CH Hotel Associates LLC. NCSHPO CLEARANCE LETTER North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson March 6, 2023 Melissa McKay, RPA Terracon 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. meli ssa. mckay�ic ,terracon. com Re: Stream restoration, South Columbia Street and NC Highway 54 West, Chapel Hill, Orange County ER 23-0408 Dear Ms. McKay: Thank you for your letter of January 31, 2023, the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental. reviewgncdcr. gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898