2621 Burton Rd - Impact Map Wetlands Memo.pdf

SPANGLER
ENVIRONMENTAL, INC.
Environmental Consulting I Litigation Support I Environmental Services
21 July 2023
Mr. Rob Rudloff
Land Planning and Entitlements Manager
Pulte Group—Raleigh Division
1225 Crescent Green Dr.#250
Cary,NC 27518
RE: 2621 Burton Rd.(Carpenter Falls),Durham,Durham County,NC—Impact Map Wetlands
Investigation Memo
Mr.Rudloff:
Upon your authorization Spangler Environmental, Inc. (SEI) reviewed impact maps prepared by R L
Horvath Associates for the proposed Carpenter Falls development located at 2621 Burton Rd.,Durham,
NC 27704. These maps were included in a 401/404 permit application submitted by Soil &
Environmental, PA to the US Army Corps of Engineers (USACE) and NC Department of
Water Resources (NC DWR) on behalf of Pulte Group, Inc. for the proposed Carpenter Falls
subdivision.
The impact maps were compared to the April 2021 Stream and Wetland Delineation Map prepared
by SEI and referenced in the letter of concurrence provided by the USACE confirming the extent
and locations of Waters of the US(WOTUS)on the subject property.
The following wetlands that are labeled on SEI's Stream&Wetland Delineation Map do not appear
on the 20 December 2022 site impact maps by R L Horvath Associates:
• WT
• WAA
• WBB
• WCC
• WEE
Additionally,the following wetlands have been combined into singular features on the impact maps:
• WB,WE,and WF/H(Feature W 10)
• WO,WP,and WQ(Feature W16)
• WX and WY(Feature W7)
• WM and WN(Feature W 19)
In total, 11 labeled wetlands are either missing from or have been lumped into existing features on the
impact maps. WF and WH have been combined on SEI's delineation map (appears as WF/H, Feature
W 10 on impact maps). Impact map stream labels appear consistent with those shown on the delineation
map.
The attached shapefile contains wetland locations with names reflecting the labels shown on the March
2021 "Stream&Wetland Delineation Map"that was used by the USACE in their JD concurrence letter
sent on 12 May 2021.All new impact maps should follow the naming scheme used in this shapefile and
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must show all wetland locations within the project area. Wetlands WT,WAA,WBB,WCC,and WEE
will have to be surveyed,as they do not appear on the most recent impact maps.
The wetlands missing from the impact maps(WT-WEE)do not overlap with any planned impact areas
and therefore will not add to any compensatory mitigation costs.Though concurrence from the USACE
confirms the presence of the wetland features contained in the attached shapefile, it does not establish
which features may/may not be jurisdictional. Feature WS, which accounts for a 0.03-acre impact,
would likely be considered non jurisdictional by the USACE under the new SCOTUS ruling resulting
from the majority opinion offered in Sackett v.Environmental Protection Agency. Several other features
outside of impact areas would likely be considered the same; however, the USACE will not be able to
issue decisions on jurisdictional status until the EPA releases its WOTUS regulatory guidelines in
September 2023.
In addition to the attached shapefile containing the locations and names of the WOTUS features within
the project area, please see the attached ORM table containing the filled aquatic resources tab that is
ready for submittal to the USACE.
Should you have any questions,or require additional clarification,please call.
Sincerely,
Spangler Environmental,Inc.
Alex Hornaday Ward Marotti
Environmental Scientist—Land&Water Resources Director—Land&Water Resources
Attachments:
2621 Burton Rd. Stream and Wetland Delineation Map(April 2021)
SPANGLER
ENVIRONMENTAL. INC.

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2621 Burton Rd DID
SPANGLER Stream & Wetland
2621 Burton Rd Durham ENVIRONMENTAL,INC. Delineation Map
County, NC April 2021 4338 Bland Road Raleigh, NC 27609 Map Source:
919-875-4288 Durham County GIS