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HomeMy WebLinkAbout20231634 Ver 1_NWP 29 Request - SAW-2020-01691 - Durham County - Wabash Property - Sage #2020.037_20231128SAGE ECOLOGICAL SERVICES E5 .21116 November 28, 2023 US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Office 401 & Buffer Permitting Unit Attn: Ms. Julia Tillery Attn: Mr. Zachary Thomas 3331 Heritage Trade Dr., Ste. 105 512 N. Salisbury St., Archdale Bldg. 91h Flr Wake Forest, NC 27587 Raleigh, NC 27604 Re: Wabash Property SAW-2020-01691 Request for NWP 29, GC 4256, and Riparian Buffer Authorization Durham County, NC Sage Project #2020.037 On behalf of The Hellenic Conference Centers, LLC. (c/o William Chambers — owner and applicant), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the Wabash Property (Project) may proceed under Nationwide Permit (NWP) 29 and General Certification (GC) 4256. A Riparian Buffer Authorization is also being requested for impacts to Jordan Lake riparian buffers. Protect Purpose and Location The purpose of the Project is to construct a residential subdivision with associated attendant features (roads, utilities, and other infrastructure). The +/-10.15-acre Project is located southeast of the terminus of Wabash Street in Durham, Durham County, NC. Impacts to jurisdictional wetlands, streams, and riparian buffers will result from road crossings to reach the upland portions of the Site for development. The coordinates of 35.9696°N, 78.8889°W generally correspond to the center of the Site. The Site is within the piedmont region of North Carolina and within the Jordan Lake watershed of the Cape Fear River Basin (HUC 030300020602). Protect Detail The proposed Project involves construction of a residential development with attendant infrastructure. Impacts to jurisdictional streams and wetlands are proposed to reach upland portions of the Site for development. Access to the Site will be provided by one road connection to the existing Wabash Street along the western boundary and one road connection to existing Ridgeview Avenue along the eastern boundary. The Project proposes to tie into existing adjacent water lines and sewerlines for drinking water and wastewater treatment, respectively. The Site is composed of three adjacent parcels. The majority of the Site is undeveloped hardwood forest. Unimproved roads/paths traverse the forested portions of the Site. The remains of a former greenhouse are present south of the terminus of Ridgeway Avenue. Areas around the Site have regularly maintained lawn. Land use in the vicinity includes urban residential and commercial development. Proposed permanent and temporary wetland impacts will result from three separate road crossings and lot fill. A total of 0.041 acres of temporary construction within wetlands and 0.175 acres (8,173 SF) of permanent fill are proposed. Proposed permanent and temporary stream impacts will result from one road crossing. A total of 10 LF of temporary dewatering and 96 LF (0.016 acre/728 SF) of permanent fill for culvert construction are proposed. A riprap dissipator pad at the culvert outlet is proposed as permanent— no loss impacts totaling 26 LF. The riprap will be keyed into the banks and will be installed flush with the existing stream bed elevation. Total riparian buffer impacts are 12,713 SF (0.29 acre) for a road crossing. Wabash Property Page 1 of 3 Typical equipment used in residential construction and utility projects (i.e., backhoes, excavators, dump trucks) will be utilized. According to the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database, three threatened and endangered species, one Proposed Endangered species, one Candidate species, and the bald eagle are listed as potentially present on the Site. A review of the NC Natural Heritage Program (NCNHP) database indicates there are no known occurrences of threatened or endangered species on the Site (NCNHP database report, August 25, 2023). One elemental occurrence of smooth coneflower is listed within 1.0 mile of the Site. There is no habitat for Atlantic pigtoe on the Site. The substrate in Stream SB is dominated by sand with few gravel and cobbles. The closest Identified Stream Reach (ISR) for Atlantic pigtoe is +/-14.5 miles (in the New Hope Creek which flows into Jordan Lake). Potential habitat for smooth coneflower is present along the edges of the abandoned lawn areas; however, the soils on the Site are mapped as being strongly acidic to very strongly acidic which is not preferred by this species. Potential habitat for Michaux's sumac is also present along the forest edges. However, successional weedy species including Ioblolly pine and sweet gum saplings, Iespedeza, goldenrod, and dog fennel decrease the likelihood of smooth coneflower and Michaux's sumac becoming established in these areas. Potential habitat for tri-colored bat (Proposed Endangered) and monarch butterfly (Candidate) is present on the Site. There are no lakes or ponds of sufficient size to support foraging habitat for bald eagles nearby the Site. The Site itself is not listed as a historic property or within a historic district. Four properties are listed within 0.5 mile of the Site based on a query of the GIS files from NCSHPO. One property is designated "Surveyed Only (SO)," and one property is designated "Surveyed Area (SA)." One property (Asbury Temple United Methodist Church — DH3964) is designated as "Determined Eligible (DOE)." The fourth property (Glenview/Woodstock (Rosewood) Neighborhood — DH3965) is a "Determined Eligible Historic District (DOEHD)" northwest of the Site. Figure 4 provides a graphical representation of these sites. Project History A Site delineation was completed by Mr. David Gainey of Sage Ecological Services, Inc. (Sage) in June 2020. A PJD request was submitted in August 2020, and a determination was received on October 27, 2020 (SAW-2020- 01691). A Buffer Determination site meeting was not requested since the presence of Stream SB is not disputed. Avoidance and Minimization A stream and wetland delineation was performed to identify environmentally sensitive areas on the Site. The proposed road crossing is aligned to cross channel as perpendicularly as possible. Streams are not crossed multiple times by roads. Lots were positioned to avoid fill in streams and buffers. Stormwater outfalls were designed to minimize impacts to riparian areas. Access to the Site cannot be provided via Truman Street because the municipality requires a 62-foot right-of-way for Residential Local Streets and the width of this area is only 44 feet. The municipality requires two tie ins for the development, and to meet the centerline geometry of the Residential Street, unavoidable impacts to wetlands, streams, and riparian buffers are necessary. Retaining walls were utilized at the road crossing areas to minimize permanent fill impacts. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing and appropriate sediment and erosion control devices will be installed to provide additional protection from stormwater runoff. General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. Project Impacts Impact Area A-1 will result in permanent fill in a wetland (WC) as a result of a road crossing to provide access to the Site (556 SF / 0.01 acre). Lot fill is also proposed (102 SF / 0.002 acre) in the area upgradient of the road crossing. Impact Area A-2 will result in permanent fill in a wetland (WB) as a result of a road crossing to reach upland portions of the Site (7,363 SF / 0.16 acre). Temporary wetland impacts due to construction of the road crossing will result in 1,978 SF / 0.04 acre of impact. Permanent stream impacts to Stream SB will result from permanent fill for a culvert as a result of a road crossing (96 LF / 728 SF / 0.016 acre). Temporary stream impacts for Wabash Property Page 2 of 3 dewatering will total 10 LF. A riprap dissipator pad will be constructed at the culvert outlet resulting in 26 LF of permanent — no loss stream impacts. The riprap will be keyed in to the streambed and will match the existing streambed elevation. Impact Area A-2 will also result in permanent riparian buffer impacts as a result of a road crossing. Total permanent Zone 1 impacts will be 7,749 SF and total permanent Zone 2 impacts will be 4,964 SF. The buffer face width of the impact will be +/-100 feet. This road crossing will impact a total of 12,713 SF (0.29 acre) of riparian buffer, which is considered "Allowable" per 15A NCAC 02B .0267, Item 9. Impact Area A-3 will result in permanent fill in a wetland (WA) as a result of a road crossing to provide access to the Site (152 SF / 0.003 acre). Temporary wetland impacts due to construction of the road crossing will result in 76 SF / 0.001 acre of impact. Mitigation Total proposed permanent wetland impacts are 0.175 acre, which will require mitigation. The applicant proposes to purchase 0.35 wetland credits from the Cape Fear 02 UMB — Flat Rock Mitigation Site. A Statement of Availability is attached. The proposed stream impacts are below mitigation thresholds. The proposed riparian buffer impacts are considered "Allowable." If you have any questions, please call me at (919) 622-7888. Respectfully submitted: �A_"z4n Kim(Hamlin, PWS Sage Ecological Services, Inc. Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form NCDWR 30-day Prefile Notice SAW-2020-01691 Signed PJD Figure 1 — USGS Site Vicinity Map Figure 2 — Soil Survey Site Vicinity Map Figure 3 — PJD Sketch Map Figure 4 — NCSHPO Map IPaC Resource List NC Natural Heritage Program Database Report Statement of Availability Impact Maps ORM Spreadsheet �a4tcan Clark, PWS Sage Ecological Services, Inc. Wabash Property Page 3 of 3 SA ECOL;7�CAL SER EST.66%%h A AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative Name: �.+� c.C.>".f ¢-►,, �4 . Address: 3 1�?X ad,lv&Yl,C, 2�Rv3 Phone: Email. Project Name/Description: Wabash Project Sage Project # 2020.037 Date: to i I ' r) .z D The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Sox 1890 Wilmington, NC 28402 Attn: Mr. Andy Williams Field Office: —Raleigh Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) 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. 1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. 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 Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. BY: 0r- 11; M L , C� /1 M b c Ks BY: WGM Z, �" Print Name of Landowner or Signature of Landowner or Legal Representative Legal Representative Sean Clark From: 401 PreFile <401 PreFile@ncdenr.gov> Sent: Thursday, November 10, 2022 4:27 PM To: Sean Clark Subject: Automatic reply: [External] Pre -Filing Notification for the Wabash Street Property in Durham County (Sage #2020.037) This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401- buffer-permittin.R-contacts For Non -Transportation Regional Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation- permitting/staff-contacts U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01691 County: Durham U.S.G.S. Quad: NC- Southwest Durham NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: William Chambers Address: 23 Park Road Asheville, North Carolina 28803 Telephone Number: 888-777-2157 E-mail: bchambersavl(&hotmail.com Size (acres) —10.15 Nearest Town Durham Nearest Waterway Third Fork Creek River Basin Cane Fear USGS HUC 030300020602 Coordinates Latitude: 35.9696 Longitude:-78.8889 Location description: The project is located southeast of the terminus of Wabash Street in Durham, Durham County, North Carolina. The proiect area is highlighted in the red polygon on the attached Wetland Sketch Map, dated 8/23/2020. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/23/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all the waters including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters including wetlands, on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated N/A. We strongly SAW-2020-01691 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on N/A. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact April Norton at 919-557-4884 ext. 57 or Anril.R.Norton(a usace.armv.mil. C. Basis for Determination: See the nreliminary iurisdictional determination form dated 10/27/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: 4Md'^' (A), Z,�,, Date: 2020.10.27 10:43:14-04'00' Date of JD: 10/27/2020 SAW-2020-01691 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Sage Ecological Services David Gamev Address: 3707 Swift Drive Raleigh, North Carolina 27606 Telephone Number: 919-771-9136 E-mail: dgaineY(&sageecological.com SAW-2020-01691 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: William Chambers File Number: SAW-2020-01691 Date: 10/27/2020 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of ermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.aM.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SAW-2020-01691 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Philip Shannin, Administrative Appeal Review Officer Attn: April Norton CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunit to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: April Norton, 3331 Heritage Trade Drive, Wake Forest, North Carolina 27587 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/27/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD:, William Chambers, 23 Park Road, Asheville, North Carolina 28803 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Wabash Project, SAW-2020-01691 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located southeast of the terminus of Wabash Street in Durham, Durham County, North Carolina. The project area is highlighted in the red polygon on the attached Wetland Sketch Map, dated 8/23/2020. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Durham City: Durham Center coordinates of site (lat/long in degree decimal format): Latitude: 35.9696 Longitude:-78.8889 Universal Transverse Mercator: Zone 17 S 6903223982668 Name of nearest waterbody: Third Fork Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THAT APPLY): ® Office (Desk) Determination. Date: 10/27/2020 ❑ Field Determination. Date (s) : TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (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) Wetland 35.9692' N 78.8881° W +/- 1.342 acre Wetland Section 404 WA Wetland 35.9696' N 78.8895° W +/- 1.297 acre Wetland Section 404 WB Wetland 35.9702' N 78.8905° W +/- 0.003 acre Wetland Section 404 We Tributary B 35.9696' N 78.8898° W +/- 525 LF Non -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: P_ID Sketch Map — Figure 3 ® 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: 1:24,000 SW Durham, NC Quadrangle ® Natural Resources Conservation Service Soil Survey. Citation: Durham County Soil Survey (Sheet 26) ® National wetlands inventory map(s). Cite name: USFWS National Wetlands Inventory Data ❑ 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): Site Photos —.Tune 9, 2020 ❑ 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. Date: 2020.10.27 10:44:03-04'00' Signature and date of Regulatory staff member completing PJD 10/27/2020 V to/Zs/Zo2o Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ti 1 depictedNOTE: Location, shape and size of site are approximate and should be surveyed by a licensed NC P �ra�1r •surveyor forsiteplanning- 4 r-r 9#. .. it -._ ..f ✓` rl 4 II rr'r�d y''r' _i�l 4 '!-� `� ='-�-1 - - '� l,t lei ''� -rfi .v�•P��^'ry i�V rF f � a -µ���`yk�lE4�- !��^.l� .,, �. a / •, ��,r� r !I'rJ �t? `- � 1+r�� �` � 1 � I� • � n-rr�n:-�mm- hr r 1 s, •y r 1 s f I� v � , � 11 Nr ^ _ `.` �4 ••� �y `. Y� f� � � . �../:.�__ _ � . -�� 'I1 � .u;�,� t '—�� �I:.`t r..r., � s___- r, �;:c'1�_— ± r.it• n17.. ,_" �. Ill r1-�`~ t'� \- ,�t r _• �r . .�.t����t s. �... � �{ ar{" ? �,x Nil J � _ t ��i\y ii iti ��,� f_T�:. ., r•v 'r``_,��.t;', `--'`� �`� �} r�c�r� ; ,� _-"I -� f :a �i ���8�,�.` ti a �� t � isy)i,' 1ti�'1 Ir i . 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J — — r. _ Project Study Area WsE -- ..: � - Afl VAN Map Location NRCS Soil Survey Map Figure 2 GRANVILLE Wabash Property - Sage Project # 2020.037 N SAGE ORANGE DURHAM Durham County Soil Survey, 1976 Soil Sheet 26 WAKE June 8, 2020 Sage Ecological Services, Inc. 0 650 1,300 Office: 919-335-6757 CHATHAM Feet Cell: 919-559-1537 r'� 1 •Location,.I- and size. depicted features on the 1 I 1 l site are approximate I evaluated I •I be surveyed by licensed NC r l surveyor - - I I I ;rf final 1 Y7 'r rrr fjr 1 -r -' I r ■ _ +',;=.-__• J�,�� r1.s .. `!' z-��Y�� �F"'r�`� r_± ...�. J�' � l�rrr��:a � �r�k�j'�,.�J _, - r•r r.�.. 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Figu Wabash Project Sage Project # 2020.037 SAGE " o .,.i�.. u° a` Eta 01i*sr NCSHPO Data Download: 9/1/23arhlsa http://www.ncdcr.gov c 106 N J Glenview/Woodstock (Rosewood) y r P Neighborhood DH3965 :a ? - 'an 14.. Y B6� Fark L uws❑n sr d - e �y _ p Q Q — y =yin sf Br.�nt5[ r. � a • Asbury Temple UMC [H❑nh c-1— (✓ $� DH3964 r.nfral u❑�e�ar d C gaYlarf $[ a ' Ge ❑ S! _ } i'ici5011 $[ r ij C"O St 4 Martha St 7ve ° BurH rtgtm Ave i N � Hope AV* a q f ❑o�• * gs Uag� 2 ? Crl� \ "3 G ,y Aaaw� y g - ryar [ ¢ `� S.t�annae �v6 a vlaw. ti Ayr a Park _5 .3 M�hl�nc tt P a 4 %hp r S' urn Legend p 3 Cr❑wel[ St Project Study Area 1/2-Mile Project Buffer NCSHPO StatusN A Determined Eligible - DOE � Mp— DOE Historic District center point • Surveyed Only °�' 75 m Surveyed Area center point Determination of Eligibility Map Location NCSHPO Map Figure 4 Granville Orange Franklin [Project Name] Durham Sage Project #[number] N SAGE Nash Prepared by: [name] Wake Chatham • January 18, 2022 Johnston 1 inch = 1,000 feet Sage Ecological Services, Inc. Lee Harnett 0 2,000 Office: 911@W5-6757 ��t1537 INC: Explore Location resources https://ipac.ecosphere.fws.gov/location/SVFZQJDP7VFELFYW32K... IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project - specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Durham County, North Carolina Local office Raleigh Ecological Servicesr o (919) 856-4520- l( (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, INC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, INC 27606-1487 1 of 6 8/25/2023, 5:35 PM INC: Explore Location resources https://ipac.ecosphere.fws.gov/location/SVFZQJDP7VFELFYW32K... Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AO1) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official speci list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species! and their critical habitats are managed by the Eco o ical Services Program of the U. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 14 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the Listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. 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. The following species are potentially affected by activities in this location: Mam "I,\ N NAME STATUS Tricolored Bat Perimyotis subflavus Proposed Endangered Wherever found Npo critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10515 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. b1tps://ecos.fws.goy/e_cpLspeci es/5164 Insects NAME STATUS 2 of 6 8/25/2023, 5:35 PM INC: Explore Location resources https://ipac.ecosphere.fws.gov/location/SVFZQJDP7VFELFYW32K... Monarch Butterfly Danaus pleAppus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.goy/e_cpLspe ci es/5217 Smooth Coneflower Echinacea laevigata Wherever found No critical habitat has been designated for this species. h.Ups7//ecos.fws.gov/ecpLpec es/3473 Candidate STATUS Endangered Threatened Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered sp ' s th sely There are no critical habitats at this location. You are still required to determine if your project(s) may have effects on all above listed species. Bald & Golden Eagles There are no documented cases of eagles being pres t his location. However, if you believe eagles may be using your site, please reach out to the local Fish and Wildlife Service office. Additional information can be found using the following links: Eagle Managment httt s:/ ww.fws.gov//program/ear e-management Measures for avoiding and minimizing impacts to birds http_s://www.fws.gov/ ibrary/collections/avoiding-and-minimizing- incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard- conservation-measures.pdf Bald and Golden Eagle information is not available at this time What does IPaC use to generate the potential presence of bald and golden eagles in my specified location? The potential for eagle presence 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). To see 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 of bald and golden eagles in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC). 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,-baoding, 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 3 of 6 8/25/2023, 5:35 PM INC: Explore Location resources https://ipac.ecosphere.fws.gov/location/SVFZQJDP7VFELFYW32K... 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 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. Please contact your local Fish and Wildlife Service Field Office if you have questions. Migratory birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act2. 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 Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: NO • Birds of Conservation Concern https://www.fws.gov//program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds hUps7//www.fws.gov/l'brary/collect'ons/avoiding-and-m*n'm'z*ng- incidental-take-migraLQry-birda • Nationwide conservation measures for birds https7//www.fws.gov/sites/default/files/documents/nationwide-standard- conservation-measures.pdf 0 Migratory bird information is not available at this time A it 1% 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 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 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 (BCC) 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 1 Urn 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 4 of 6 8/25/2023, 5:35 PM INC: Explore Location resources https://ipac.ecosphere.fws.gov/location/SVFZQJDP7VFELFYW32K... 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? 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 Mapp ng 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 Spiel or Pam Loring. 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 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. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location. 5 of 6 8/25/2023, 5:35 PM INC: Explore Location resources https://ipac.ecosphere.fws.gov/location/SVFZQJDP7VFELFYW32K... Wetlands in the National Wetlands Inventory (NWI) Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local ArmyCDrps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: RIVERINE RSUBH A full description for each wetland code can be found at the National Wetlands Inventory website NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional informati on the NWI data is provided below. Data limitations A X 0 The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visile hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analyst the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. s, %.e Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions 4 1 Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. 6 of 6 8/25/2023, 5:35 PM Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 August 25, 2023 Kim Hamlin Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 RE: Wabash Property; 2020.037 Dear Kim Hamlin: 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. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: 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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod 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. PAL EIGH. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9421 \ U ƒ + \ e = 2 _ \ / $ D- / % / E / e co 2 ? 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The project is located within the Cape Fear River Basin of the service area (HUC 03030002) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Credits and associated pricing may be reserved for up to 6 months with a signed reservation agreement and a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings VI, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Sincerely, Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HWILDLANDSoOO Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Ms. Julia Tillery, Regulatory Agent I USACE Mr. Zachary Thomas, Regulatory Agent I NCDWR Ms. Kim Hamlin, PWS, Project Manager I Sage Ecological Services, Inc Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 a M w P U w w LLO a N ED Q \ x Z w 0 v I � ZO U U U U U m w Z Q Q — � O O O O O O O W W 0us CIO �z >o w L ll.l w Z CD LU U c� o � Zqq �0 Q J O w Cz w" O > ^^ w O0 QQ L.� U O� O � z _1— U^/ U N 3 O 3ht l F M3JOI21 _'�l ry Z w Q C� U � Q Yu o�� LU LLJ < o � 2 H < 00 0<z V �CL w< w Q co 0 co ::D O CL cn Q 1SNSb8bM Q 06 Q C) w U w m � g � 3 U Qw z� w Z � wa Q W)- W Q mw J° o �oZ o oC o= o z= W zo00o LU 0 oo��Qo® � a� a > zoop000 LU N Z M a„ Q Q 0 << s Q = � � Q 0 m �w o - Q oo<j- zz° >Joa�zOQ U o=U aam o eQo� a 00 Oz P 3Jy,,o 0 mQ� O Q L1J �z �Q �> ZN m voa"'w.°ry C�C CN H Q�d Q ° Q U2 w 2 w CIO Q ss =`s 0 os O ®z v �_ c9 s =III / \ \ © \ \ § - \ < /f \�p \�} //& - �»� }(LLJ _- _ :�� _\�:LLJ . ~ w . f z z C� 0 w z w Q U Q Q � Q J O w p z a� ��w OD n Q I�( 0 U z + + + + + Q U + + + + + J Q + + + + + LJ EL + + + + + El A mmiglmvrlml z m U IL Q i Q w W � o U Q C� w z — >- o0 0 ~ z z z do rd o zd 4� 3z Qz Qz �z 0� O� 0 z0 z0 J J J Z Z Z Z Z W W Q W W W Lu w°Lu w°°� Lu af w°�� W W H W W W W �CL n V) w Q Q a� a IL W W 00 00 W V) 0� LU u Q IL z IL � D N Q ILJ w af LL g Q Q W h (n \ N O M \ >W > h N LLJ M Q Q a0 az o �0 3 z a"z a z e az az a� z a� Nzw Qom Nz� Qo_ o Nw e� Nw e� N� e a o N� Qg N�� Qgo a 0 -00 1 � 10 .•• ►tt� ..t •rtt ttp t!� a!• i�O• tv .•t tt• ail►••ili••i�••t�•• •� �-.�•••• .• �t�r' .�•� tttr•pt•�.ar.�!�t�r •�t�. �itti 'CIA. rt•••i,.• ►A�ni Lt•i �ntt� rr� �� �. � .11111SERMIN WED I'll' Ilk ON Q U Q W LU � Z Q LLJ L. r LL. 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