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HomeMy WebLinkAbout20151326 Ver 1_401 Application_20151215Kimley»)Horn 4 December 28, 2015 Mr. Eric Alsmeyer U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Ms. Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 RE: Nationwide Permit 39 Application — West Pettigrew Street Parking Deck Durham, Durham County, North Carolina Dear Mr. Alsmeyer and Ms. Higgins: 20151326 On behalf of our client, Wexford Chesterfield Parking, LLC, Kimley-Horn is submitting the attached application for authorization under Nationwide Permit (NWP) 39 for the above referenced project in Durham County. Wexford Chesterfield Parking, LLC is proposing to construct the West Pettigrew Street Parking Deck project within an area of mostly paved lots, abandoned residential lots, and a building material storage property between a NC Railroad Company corridor and NC 147. The 4.2 -acre project area (Site) is situated in an area that was previously residential but is now largely commerciaUndustrial in nature adjacent of the NC 147 corridor through Durham. The Site is bounded by S Gregson Street to the east, the railroad to the north, NC147 to the west, and Burch Avenue the south. There are two abandoned residential structures on the Site with small areas of disturbed v &M AaM Land use in the vicinity of the site consists of a mix of high density residential housing, co !�aA � shopping, and industrial development. 2 q 2015 The proposed project would construct a 5 -level (ground plus 4 elevated levels) concrete p ure, containing 716 total parking spaces. Eighteen of these spaces are accessible to accomm daTER RESOUR( accessibleparking requirements of the parking deck and Site. The overall parking structu FFER PERmlrn approximately 47' 0" measured from ground level to the finished floor of Level P5. The height from the ground level to the first elevated level is anticipated to be a minimum of 12'6" in order to provide a minimum clearance of 8'2" to allow for ADA Van accessibility and to consider any retail space requirements. Above this, the typical floor -to -floor height is anticipated to be 11' 6" in order to provide a minimum clearance of 8'0". The single jurisdictional feature within the Site is an intermittent stormwater-driven channel (S1) that drains to Ellerbe Creek after draining through thousands of feet of stormwater drainage pipe network. S1 was evaluated in the field and found to be severely degraded. The watershed upstream of the Site primarily consists of NC 147 drainage and the substrate within S1 was found to be primarily brick, rock, and asphalt with glass, trash, and debris fragments throughout the stream channel substrate. Water quality was heavily degraded as well, with the stream channel observed to be choked with 919 677 2000 Kimley»)Horn Page 2 algae growth, murky/cloudy water, and a thick sheen throughout the stream reach. The banks were failing along the stream reach, and multiple sections of culvert were lying in the streambed at the downstream end of the property due to erosion undermining the culvert inlet over time. S1 is piped well above and below the Site, and S1 is a brief 159 LF reach of daylighted stormwater drainage channel. S1 would be placed into a pipe as a result of the proposed construction. Using the NC Stream Assessment Method version 2 (NCSAM), S1 is a low quality, size 1, intermittent piedmont stream. S1 scores out as an 18 on the USACE Stream Quality Assessment Worksheet. Because of the severely degraded nature of S1, and the low quality designations supported by NCSAM and the USACE stream worksheet, no mitigation is proposed for the 159 LF of impact that would result from the proposed construction. Stream S1 is likely a man-made stormwater ditch that experiences periods of high flow due to the developed nature of the watershed and the extensive stormwater drainage system upstream of the Site, but S1 is not shown on the most recent USGS Topographic Map or the NRCS Soil Survey of Durham County. S1 is therefore not subject to riparian buffer rules. No protected riparian buffers will be impacted by the proposed project. To assist in your review of this NWP application, the following information has been included: • PCN Application Form • Signed Agent Authorization Forms • Vicinity Map . • USGS Topographic Map • Jurisdictional Features Map • USDA/NRCS Soil Survey Map • Durham County Property Parcels Map • Impacts Map • Stream Data Forms, including NCSAM Assessment of Stream S1 • Plan Sheets • NCDWR 401 Application Fee of $570 If there is any additional information you need to assist in the processing of this NWP application, please do not hesitate to contact me at 919-678-4155 or Jason.Hartshorn@Kimley-Horn.com. Sincerely, Jason Hartshorn Environmental Analyst Cc: Bernie Craig, Wexford Chesterfield Parking, LLC Adam Cochran, Kimley-Horn Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification PC Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit E] Section 10 Permit ib. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification— Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ®No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: West Pettigrew Street Parking Deck 2b. County: Durham 2c. Nearest municipality / town: Durham 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Wexford Chesterfield Parking, LLC 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): Bernie F. Craig, Wexford Science and Technology 3d. Street address: 1090 King George Post Road; Suite 604 3e. City, state, zip: Edison, NJ 08837 3f. Telephone no.: 732-738-4595 3g. Fax no.: 3h. Email address: bernie.craig@wexfordscitech.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. AgentlConsultant Information (if applicable) 5a. Name: Jason Hartshor 5b. Business name (if applicable): Kimley-Horn 5c. Street address: PO Box 33068 5d. City, state, zip: Raleigh, NC 27636-3068 5e. Telephone no.: 919-678-4155 5f. Fax no.: 919-667-4155 5g. Email address: Jason.Hartshorn@Kimley-Hom.com Page 2 of 11 PCN Form —Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See attached property parcel map and table 1 b. Site coordinates (in decimal degrees): Latitude: 35.998882 Longitude: - 78.911236 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 4.2 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Ellerbe Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV, NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site currently consists of mostly paved parking lots and storage open storage of building materials. The Site is situated in an area that was previously residential but is now largely commercial/industrial in nature. A railroad line runs northeast of the Site, and NC 147 runs along the southwestern boundary. There are two abandoned structures on site along with small areas of forested natural areas. Land use in the vicinity of the site consists of a mix of high density residential housing, commercial shopping, and industrial development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.0 acres of wetlands 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 159 linear feet of intermittent stream (S1) 3d. Explain the purpose of the proposed project: The proposed projects intends to provide parking to serve the nearby Chesterfield Building and to accommodate a future office building on site. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project intends to construct surface parking along with a 5 level parking structure on site. The proposed structure is a 5 -level (ground plus 4 elevated levels), concrete parking structure, containing 716 total parking spaces. 18 of these spaces are accessible to accommodate total accessible parking requirements of the parking deck and Site. The overall parking structure height is approximately 47'-0" measured from ground level to the finished floor of Level P5. The height from the ground level to the first elevated level is anticipated to be a minimum of 12'-6" in order to provide a minimum clearance of 8'-2" to allow for ADA Van accessibility and to consider retail space requirements. (This ground floor height will vary due to the slope of the ground floor.) Above this, the typical Floor -to -floor height is anticipated to be 11'-6" in order to provide a minimum clearance of 8'-0". Typical roadway and structure construction equipment will be used, including cranes, track hoes, back hoes, graders, dump trucks, bulldozers, concrete pump trucks, and pavers. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property 1 project (including all prior phases) in the past? El Yes El No ®Unknown Comments: A preliminary jurisdictional determination request is being submitted concurrently with this PCN application for a NWP 39. 4b. If the Corps made the jurisdictional determination, what type ❑Preliminary ❑Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn Name (if known): Jason Hartshorn Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. n/a 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. n/a 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. The project will be constructed as a single and complete project. Page 4 of 11 PCN Form —Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number— Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ WS E] P E] T El Yes El Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 2h. Comments: No wetland impacts will occur as a result of the proposed project. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Pipe UT to Ellerbe ❑ PER ® Corps 5 159 Creek ® INT ❑ DWQ S2 E] P El T ❑ PER [-]Corps ❑ INT ❑ DWQ S3 E] P ❑ T E] PER El Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T [-IPER L] Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 183 3i. Comments: Stream S1, a UT to Ellerbe Creek, will be piped within the project area for 159 feet. S1 is a linear, channelized, stormwater feature that briefly daylights between a large stormwater pipe system leading from NC 147 to Ellerbe Creek. S1 receives periods of high flow following rain events but the substrate is primarly rack and brick from nearby railroad and abandoned partially demolished residential lots. The stream is heavily degraded and much of the substrate is broken glass, trash, and other debris. S1 exits the Site via a failed culvert crossing. Multiple sections are laying in the stream channel with Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version stream flow continuing around the failed culvert crossings, eroding into stream banks and causing bank failures due to high flow storm events. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Tem ora 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑PEI T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 0 4g. Comments: No open water impacts will result from the proposed construction. S. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: n/a 5h. Is a dam high hazard permit required? ❑ Yes ®No If yes, permit ID no: n/a 5i. Expected pond surface area (acres): n/a 5j. Size of pond watershed (acres): n/a 5k. Method of construction: n/a Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ❑Tar -Pamlico E] Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? 131 ❑P❑T ❑Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 0 0 6i. Comments: Stream S1 is not shown on the most recent USGS topographic map or NRCS Soil Survey for Durham County and is not subject to riparian buffer rules. No impacts to protected riparian buffers will result from the proposed project. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed project location was carefully selected to utilize as much upland or previously developed area as practical within a larger developed area of Durham. The proposed parking deck will pipe Stream S1 through the project area, however Stream S1 is heavily degraded and piped for a significant length above and below the project area. Piping the remaining daylighted channel will ensure that the trash, debris, glass, and remnant building materials do not continue to discharge into the stream system leading to Ellerbe Creek. The pipe will also be properly sized to convey storm events without further erosion, preventing further downstream sedimentation impacts resulting from the failed culvert crossing at the downstream end of the property. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Due to the careful site selection within a larger upland and previously developed area of Durham, the majority of the construction will occur in uplands and non -jurisdictional areas. Impacts to streams, wetlands, and riparian buffers offsite in the project vicinity will be avoided and minimized throughout the construction process by locating staging and construction access in existing developed areas, uplands, and road corridors where practical. Silt fencing will be installed around the permitted limits of distrubance to ensure all equipment is located within the project corridor at all times. Stormwater Control Measures will be used to reduce stormwater impacts to receiving waters and minimze runoff from the construction sites. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. Ifyes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: n/a 3b. Credits Purchased (attach receipt and letter) Type n/a Quantity n/a Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: No mitigation is proposed for the project due to the low quaily, heavily degraded, and intermittent nature of the stream feature within the Site. Using the NC Stream Assessment Method (NCSAM), Stream S1 is a low quality stream feature. Using the USACE Stream Quality Assessment Worksheet, S1 rates as a very low quality stream with a score of 18. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: n/a linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): n/a square feet 4e. Riparian wetland mitigation requested: n/a acres 4f. Non -riparian wetland mitigation requested: n/a acres 4g. Coastal (tidal) wetland mitigation requested: n/a acres 41h. Comments: n/a 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. n/a 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ®No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 0 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). n/a 6h. Comments: Stream S1 is not shown on the most recent USGS Topographic Map or the NRCS Soil Survey map for Durham County and is not subject to riparian buffer rules. Page 8 of 11 PCN Form —Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? Ib. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ®No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 62.95% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: n/a 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Stormwater from the Site will be collected by curb/gutter and drop inlets throughout the Site and directed to a stormwater detention and treatment facility located in the northwest corner of the Site. Treated stormwater will discharge to the drainage system through the Site before exiting the Site in existing culverts beneath West Pettigrew Street. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Durham ® Phase II 31b. Which of the following locally -implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: n/a 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered `yes" to one or both of the above questions, provide an explanation of the violation(s): n/a 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project will provide parking to address existing development and growth within this area of Durham, and is not anticipated to result in future impacts to this currently developed commerical/industrial area. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed project will not generate wasterwater. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? According to the NC Natural Heritage Program Element Occurrence Database (updated October 2015), no known occurrences of any federally threatened or endangered species occur within the project area or within 1.0 mile of the project limits. Suitable habitat is not present within the project area for smooth coneflower or Michawes sumac. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ®No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper (Accessed August 11, 2015) 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? According to the North Carolina State Historic Preservation Office HPOWEB GIS Service (Accessed August 11, 2015), there are numerous National Register and Study List historic structures and district boundaries within 1.0 mile of the site boundary. However, the site is not within a historic district and there are no National Register or Study List structures within the site boundary. The proposed parking deck will not be constructed higher than 5 levels to an approximate height of 47' as measured from ground level to the finished floor of level P5. The project is also adjacent to NC 147 and a railroad crossing, both of which are significantly elevated above the ground surface of the project area. Therefore, no impacts to historic properties or districts are anticipated. B. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: N/A 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Panel 3720082100K. Jason Hartshorn 12/28/2015 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM Name: C cszk& Address: locio K%NG C�fnae.E ?tery-wD Sung foo4 -Gbisc' , -3 o603i+ Phone: (- 3 '*38-4595 Project Name/Description: W. Pettigrew Street Parking Deck Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: Eric Alsmever Field Office: Raleigh Regulatory Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern: Wexford Chesterfield MT, LLC hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications applications, and Neuse River Basin Riparian Buffer Determinations, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) 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. Authorized this the ZloA- day of av! 54 2015 Qe�/l0 r"V/ F 4& Z-1:ft A Print Property O er's Name I Property Owner's Signatur Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Lqi Legend MW Project Location Ing Ra Project Area City of Durham Durham County eetl Kentucky Virginia CASWELLI PERSON VANCE GRANVILLE Tennessee North a ORANGE FRANKLIN Carolina - I JDURHAM 1 Project Location South Carolina WAKE Georgia Atlantic Ocean CHATHAM 0 40 80 0 6 12 Miles le JOHNSTON Figure 1: Vicinity Map Kimle>»Horn West Pettigrew Street Deck Y Durham, Durham County December 2015 lie Bm is , ,; �..� .�.. �% � , • .. , v Ir High �Al r AVE iPEL. « r ST 00 Legend r Feet r Project Area 0 500 1,000 Figure 3: USGS Topographic Map (Southwest Durham Quad, 1987) Kimley>>> Horn West Pettigrew Street Deck Durham, Durham County December 2015 Hydric Soils Table Symbol I Map Unit Name Hydric Soil Ur Urban land No WWC lWhite Store -Urban land complex (0-100/D slopes) No r e1 t tL 111 111 711 111 • �N �` a� 1' 0 ' WwC , i4 •• \ Ak f •� `^rwC { WwE ; \. Legend / Feet J Project Area ('� " 0 500 1,000 Figure 4: NRCS Soil Survey Map Kimley >> Horn West County, 197 Petti rew Street Deck Durham, Durham County December 2015 ri Legend Durham County Parcels Project Area r A "'M1 `Js' 1 m W 1 C• W 1 v Feet 0 250 500 Figure 5: Durham County Property Parcels Map Kimle >»Horn Nowell Road Project Y Raleigh, Wake County December 2015 West Pettigrew Street Parking Deck - Property Owner Table MAP ID PARCELID PIN OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNERZIP 1 103333 0821-07-68-1706 WEXFORD CHESTERFIELD PARKING LLC 801 W BALTIMORE ST STE 505 BALTIMORE MD 21201 2 103332 0821-07-68-0703 WEXFORD CHESTERFIELD PARKING LLC 801 W BALTIMORE ST STE 505 BALTIMORE MD 21201 4 103311 0821-07-68-0546 WEXFORD CHESTERFIELD PARKING DEC 601 W BALTIMORE ST STE 505 BALTIMORE MO 31201 5 103310 0821-07-68-1555 WEXFORD CHESTERFIELD PARKING LLC 801 W BALTIMORE ST STE 505 BALTIMORE NO 21201 6 103309 0821-07-68-2516 WEXFORD CHESTERFIELD PARKING LLC 801 W BALTIMORE ST STE 505 BALTIMORE MD 21201 7 103308 0821-07-68-2587 WEXFORD CHESTERFIELD PARKING LLC 801 W BALTIMORE ST STE 505 BALTIMORE MD 21201 8 215183 0821-06-68-6632 NC RAILROAD COMPANY 2809 HIGHWOODS BLVD STE 100 RALEIGH NC 27604-1000 8 218529 0821-07-59-8270 NC RAILROAD COMPANY 2809 HIGHWOODS BLVD STE 100 RALEIGH NC 27604-1000 9 211382 0821-07-68-3543 WEXFORD CHESTERFIELD PARKING LLC 801 W BALTIMORE ST STE 505 BALTIMORE MD 21201 10 103306 0821-07-68-4434 WEXFORD CHESTERFIELD PARKING LLC 801 W BALTIMORE ST STE 505 BALTIMORE MD 21201 31 103305 0821-07-68-4321 WEXFORD CHESTERFIELD PARKING LLC 801 W BALTIMORE ST STE 505 BALTIMORE MD 21201 am ' ., �' � nl -`\ y / .l dJr F� p.' 09 . fF CS? ...• r Site 1 \.� ^ 159 LF Stream Impact , (Intermittent) 4. 4 < '- \r i �l Legend RT — -- - T* 398'1- *'%.f Stream Impact _ LJc Project Area Feet 0 50 100 ' #24 I�-Pr Er -..93.00 I k.- = JAS DMH �1Y4) — vv pUr - )9:•.69 Figure 6: Impact Map Kimle»> Horn West Pettigrew Street Deck Y Durham, Durham County December 2015 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Feature S1 Date: 5/15/2015 Geomorphology Subtotal = 13 Project/Site: West Pettigrew Street Deck (Sl) Latitude: 35.999014 Evaluator: J. Hartshorn (Kimley-Hom) County: Durham Longitude: -78.911686 Total Points: 25.5 Stream Dete ' ' circle one) Other Southwest Stream is at least intermittent 1 Ephemer ntermltten erennial e.g. Quad Name: Durham if i 19 or perennial if a 30 1 - 2 3 1 4. A. Geomorphology Subtotal = 13 Absent Weak Moderate .Strong g „Score 1a. Continuity of channel bed and bank 0 1 2 3 3_ 2. Sinuosity of channel along thalweg 0 1 2 3 1 3. In -channel structure: ex. riffle -pool, step -pool, ripple- poolse uence 0 1 - 2 3 1 4. Particle size of stream substrate 0 1 2 3 2' 5. Active/relic floodplain 0 1 2 3 2 6. Depositional bars or benches 0 1 1 2 1 3 2..-. 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 0' 9. Grade control 0 0.5 1 1.5 0.5 10. Natural valley0 0.5 1 1.5 0.5 11. Second or greater order channel No = 0 Yes = 3 0 artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 9.5 12. Presence of Baseflow 0 1 2 3 3. 13. Iron oxidizing bacteria 0 1 2 3 11 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1i 16. Organic debris lines or piles 0 0.5 1 1.5 0.5_ 17. Soil -based evidence of high water table? No = 0 0.5 Yes = 3 1.5 3 C. Biology Subtotal= 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 _.__0 3 20. Macrobenthos note diversity and abundance 0 1 2 3 0- 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0, 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0. Wd plants in streambed 26. etlan CW FA = 0.75; OBL = 1.5; Other = 0 0 'perennial streams may also be Identified using other methods. See p. 35 of manual. Notes: Stream S1 is a stormwater channel that is a brief daylighted feature in a larger piped system. S1 appears to receive periods of high flow during rain events. The substrate is primarily rock and brick from nearby railroad and is heavilv dearaded and incised. USACE AID# DWQ # Site #_ (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET 4QF Provide the following information for the stream reach under assessment: 1. Applicant's name: Wexford Science and Technology 2. Evaluator's name: J. Hartshorn (Kimley-Horn) 3. Date of evaluation: 05/05/2015 4. Time of evaluation: 12:00 pm 5. Name of stream: Feature S1 6. River basin: Neuse 7. Approximate drainage area: 45 acres 8. Stream order; First Order 9. Length of reach evaluated: 180 linear feet lo. County: Durham 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): N/A Latitude(ex. 34.972312): 35.999014 Longitude (ex. -77.5566n): -78.911686 Method location determined (circle):✓al`S❑✓ ropo Sheet rtho (Aerial) Photo/GISE]Dther GIS[:]Dther 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): The reach is located iust west of Conyers Avenue and south of Wilkerson Avenue 14. Proposed channel work (if any):1v/t+ 15. Recent weather conditions: Mostly sunny and dry with temperatures ranging from the high 40s to the low 80s (F) and no min within 72 hours of site visit 16. Site conditions at time of visit: Sunny with temps in the low 80s(F) 17. Identify any special waterway classifications known: FISection 10 Tidal Waters DEssential Fisheries Habitat nTrout Waters-00utstanding Resource Waters ,,Nutrient Sensitive Waters ELWater Supply Watershed.. IV (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? NO If yes, estimate the water surface area 19. Does channel appear on USGS quad map? NO 20. Does channel appear on USDA Soil Survey? NO 21. Estimated watershed land use: _%Residential 50 % Commercial 50%Industrial _% Agricultural Forested _% Cleared / Logged _% Other ( 22. Bankfull width: 3-5' 23. Bank height (from bed to top of bank): 3-5' 24. Channel slope down center of stream: 0171at (0 to 2%) -ZGende (2 to 4%) Omoderate (4 to 10%) ,❑.Steep (>100/.) 25. Channel sinuosity: Straight 0Occasional bends ,QFrequent meander DVery sinuous nBraided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 18 class, trash, and other debris mixed in. The stream is heavily degraded and incised. Evaluator's Signature YQ/'e "' aya� Date 05/05/2015 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change -version 06/03. To Comment, please call 919-876-8441 x 26. Feature Sl STREAM QUALITY ASSESSMENT WORKSHEET * These characteristics are not assessed in coastal streams. ECOREGTON PONT RANGE # CHARACTERISTICS SCORE"` Coastal PiedmontMounkain 1 Presence of flow / persistent pools in stream _- ._ 0-5 - 0-4 - 0.5 2 _ no flow:or saturation - 0' strongflow =_:max. pmts 2 Evidence of past human alteration, 0-6 0-5 0=5'` 0 extensive alteration=b;no,alteration =max points)_ 3 Pjparian zone 0-6 0-4 0-5 1 _ no buffer=.0;,contiguous, wide buffer.-- maxpoints),, 4 Evidence of nutrient or -chemic al discharges V O -:S 0-4 ..,: ' 0=4 1 " exterisive.dischar es0; nodischaz es='.max-points), . 5 Groundwater.discharge - 0-3 0-4` - 0-4 1 no discharge = 0 s sees wetlands etc. = maxpoints). _ 6 f Presence of adjacent floodplain 0-4 0 -4 0-2 0 no floodplain = 0• extensive floodplain =max oints 7 Entrenchment / floodplain access 0-5 0-4s 0-2,. 0 (deeply entrenched''=0;& entfloodin --max oints 8 Presence of adjaceutwetlands 0-6 0-4 0'-2 0 no"wetlands=0•r eadjacentwetlands=max points) 9 ° Channel sinuosity 0-5 _ _. 0 4 _ 0-3 0 extensive channelization = 0; natural meander = max oints 10 Sedimentinput 0.-5 0,-4 0-4 1 extensived bsition=0;littleornosediment=max points)- 11 Size. & diversity ofchannel bed'substrate ° _ - 6-4' - 0 - 5 1 fin- homogenous = 0- large; diverse sizes= max points)NA* 12 'Evidence (if channel incision or widening 0-5 0-A 0-5 0 >4. (deeply incised- O;stable bed & banks -:mez pines _ - 13 Presence of majorbank failures 0 -5 0 0-5 N14_ - severe erosion = 0• no erosion,stable banks - max points) - - P Root depth and dense on banks 0-3 0 4 0-5 z Fy - no_visible roots .,0�dense roots throughout =maxoints __ rn 15 Impactby agriculture, livestock, or timber prodactiou 0;= - 0-4 G-5 j substantial impact s; no. evidence = max pints 5 „ 1 16 Presence of riffle-poolld pie -pool complexes; 0-3 0-5 0-•6 1 no riffles/ripples or pools = 0• well-developed = maxomts _ F 17 Habitat complexity - _ 0- 6 _ - 0-6 0=6 ° 1 little,or'no habitat ,= 0•.�fre uen - varied habitats = max. points),- Pj Canopy coverage over streambed 0- 5 0 5 0-5 18 no sfiadiri ve etahon_- P coutiiluous canopy= max pints - 1 Substrateem-beddedness NA* 0-4 0-4' 2 (deeply embedded 0; loose structure=max - - Presence of stream invertebrates (see page 41 0 20 no_evidence = 0' common numerous types = maxpoints) 0'-4 0-5 0-5 C7Presence 21 of amphibians 0-4 0 4' 0,_4 0 O no evidence= 0; common, numerous types'= max omts O 22 - Presence of 0=4 - 0-4 _7 0-4 0 (no evidence =0•.common, numerouses=max outs _.- _ . 23 Evidence of wildlife use 0 - 6 0 5 0 5 1 no evidence = 0; abundant evidence -'max points) ToWTointsPossible 100' ° X100' ° - 100' TOTAL SCORE (also enter on fust page) 18 * These characteristics are not assessed in coastal streams. Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 Stream Site Name West Pettigrew Street Parking Deck Date of Evaluation 5/5/2015 Stream Category Pbl Assessor Name/Organization J. Hartshorn (Kimley-Hom) Notes of Field Assessment Form (YIN) YES Presence of regulatory considerations (YIN) YES Additional stream infonnation/supplementary measurements included (YIN) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Flood Flow LOW LOW (3) Streamside Area Attenuation LOW LOW (4) Floodplain Access LOW LOW (4) Wooded Riparian Buffer LOW LOW (4) Microtopography NA NA (3) Stream Stability LOW LOW (4) Channel Stability LOW LOW (4) Sediment Transport HIGH HIGH (4) Stream Geomorphology LOW LOW (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation LOW LOW (3) Upland Pollutant Filtration LOW LOW (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors YES YES (2) Aquatic Life Tolerance HIGH NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW LOW (2) In -stream Habitat LOW LOW (3) Baseflow MEDIUM MEDIUM (3)Substrate LOW LOW (3) Stream Stability LOW LOW (3) In -stream Habitat LOW LOW (2) Stream -side Habitat LOW LOW (3) Stream -side Habitat LOW LOW (3) Thermoregulation MEDIUM MEDIUM (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone Habitat NA NA Overall LOW LOW