20120658 Ver 2_Duke Storm Repair PCN Ltr + Att 2024-10-08_Optimized_20241008

XiNatural Resource Consultants
October 8, 2024
U.S. Army Corps of Engineers NC Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Branch
via online PCN Submittal via online PCN Submittal
RE: Nationwide Permit 3/Individual Water Quality Certification
Duke University Brooks Pascal Dr Storm Repair
Durham, Durham County, North Carolina
NRC Project #: 24033
To Whom It May Concern:
On behalf of Duke University, we are applying for a Nationwide Permit 3 from the US Army Corps of
Engineers (USACE) and an Individual Water Quality Certification from the NC Division of Water Resources
(DWR) for the proposed impacts to jurisdictional waters associated with the Brooks Pascal Drive Storm
Repair.
A slope adjacent to Brooks Pascal Drive failed during rainfall from the remnants of Hurricane Debby. This road
access serves as the emergency access for Wallace Wade Stadium. As this damage threatens critical
infrastructure and the safety of athletes, students, and other stadium users, emergency work has begun on
the plan presented in this application. A Buffer Authorization application for the Jordan Lake Watershed Buffer
is being submitted to the City of Durham.
A list of the attachments to the online Pre -Construction Notification Application and those attachments
follow this letter. Your review of this project is greatly appreciated. If you have any questions or require
additional information, please contact me at [phone] or [e-mail].
Sincerely,
Natural Resource Consultants
Jennifer Btirdette, PW5
Sr. Environmental Consultant
Attachments
cc: Ryan Lavinder, Duke University ([e-mail])
Matthew Ryan, Tai and Associates, PLLC ([e-mail])
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 919.422.3605

AriNatural Resource Consultants
Duke University Brooks Pascal Dr Permit Application
List of Attachments
Agent Authorization Forms
Figures & Impact Maps
Jurisdictional Determination
Protected Species
Appendix A — Supporting Photographs

Agent Authorization Forms

U.S. Army Corps of Engineers (USAGE)
Form Approved -
AUTHORIZATION TO ACT AS AN AGENT
OMB No. 0790-0003
For use of this form, see Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899,
Expires XX-XX-XXXX
and Section 103 of the Marine Protection, Research, and Sanctuaries Act, the proponent agency is CECW-COR.
The Agency Disclosure Notice (ADN)
The Public reporting burden for this collection of information, 0710-003, is estimated to average 5 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at
whs.mc-alex.esd.mbx.dd-dod-information-collections@mail. mil. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Purpose: This form is used by members of the public to authorize an agent (for example - a private consultant) to act on their behalf
in all matters relating to all dealings with the USAGE regarding the project. This includes taking all necessary actions for the
application, processing, issuance, and/or acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations,
determinations, and/or permits.
This form is a component in the Corps Regulatory Request System (RRS), which is an online permitting application portal for the Regulatory Program.
ITEMS 1 THRU 3 - FOR USACE USE ONLY
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
ITEMS 4 THRU 14 - COMPLETO BY THE PROPERTY OWNER
4. PROJECT NAME
5. PROJECT LOCATION
Brooks Pascal Drive Storm Repair
Durham
6. APPLICANT NAME (first, middle, last)
7. AGENT NAME
At/
Jennifer Burdette
Company (if applicable):
Company:
Duke University
Natural Resource Consultants
E-mail Address:
E-mail Address:
ILL6 &, �� �� , �41
[e-mail]
8. APPLICANT ADDRESS (if applicable)
9. AGENT ADDRESS (if applicable)
Address
Address
2200 West Main St Ste 300
308 W Millbrook Rd Ste D #200
City:
State:
City:
State:
Durham
NC
Raleigh
NC
10. APPLICANT PHONE NUMBERS. w1AREA CODE
11. AGENT PHONE NUMBERS. wlAREA CODE
a. Residence
b. Business c. Fax
a. Residence
b. Business
c. Fax
9/9 0.40gl
919-422-3605
12. APPLICANTIAGENT CERTIFICATION
By signing below, I hereby authorize the agent listed above, to act on my behalf in all matters relating to all dealings with the USACE
regarding the project and properties listed above, including taking all necessary actions for the application, processing, issuance, and/
or acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any and all acts
carried out by my agent on my behalf as it relates to this project and property shall have the same effect as acts of my own.
I agree to review all information submitted to the USACE on my behalf by my agent and certify that any information submitted on my
behalf is true and correct.
13. SIGNATURE OF APPLICANT
14. DATE
/J
9 /- Zo��
18 U.S.C. S�cfion 1001 provi a that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than rive years or both.
ENG FORM 6295, JAN 2024

U.S. Army Corps of Engineers (USAGE)
Form Approved -
RIGHT OF ENTRY
OMB No. 0710-0003
For use of this form, see Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899,
Expires XX XX-XXXX
and Section 103 of the Marine Protection, Research, and Sanctuaries Act, the proponent agency is CECW-COR.
The Agency Disclosure Notice (ADN)
The Public reporting burden for this collection of information, 0710-003, is estimated to average 5 minutes per response, including
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden estimate or burden reduction suggestions to the
Department of Defense, Washington Headquarters Services, at whs. mc-alex.esd.mbx.dd-dod-information-coliections@mail. mi1,
Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to
comply with a collection of information if it does not display a currently valid OMB control number.
Purpose: This form is used by members of the public to authorize the USACE to enter their property for site investigations relating to
USACE project reviews. These reviews include onsite investigations needed to support application review, processing, and
issuance of a Clean Water Act andlor Rivers and Rivers Act delineations, determinations, and/or permits.
This form is a component in the Corps Regulatory Request System (RRS), which is an online permitting application portal for the Regulatory Program,
f rDOS 1 ThRJ 3 - , - <. 6S10E USE ONLY
1. APPLICATION W! 12. FIELD OFFICE CODE 3. DATE RECEIVED
ITENIS 4 THRU 12 - COMPLE TC BY THE PROPERTY OWNER
4. PROPERTY OVVN`:R NAME {f.!s[ middle; last)-- r5 PRC_ E t!Y" OWNER ADDRESS:
N Ely 122UInO Nest Main St Ste 300
Company:
City:
State:
Duce UnJ'versay
11C, L-._" m
NC
E-mail Address: Zip:
Country:
sir- r �;
US
aet, c( Clsc�fi , e .
6. PROPERTY OWNER PHONE NUMBERS. WAREA CODE
a. Residence b. Business c. Fax
919- &((Q- AfZ_
OCATiO€il AND LEGAL L , iRiPTION OF PROPERTY
7. PROJECT STREET ADDRESS (if ar)plicshlGj
LOCATION OF PROPERTY
8. (in decimal degrees)
Address City: State: Zip: Latitude: -N Longitude: -W
Brooks Pascal fir Durham NC 27705 35.992413 78.941908
9. TAX PARCEL I{D(s) - -
08116U
10. PROPERTY OWNER CERTIFICATION
By signing below, I authorize representatives or the'JSACE to enter upon the property described above for the purpose of conducting
on -site investigations, 'f neccssary, ar_� [ssuing z j-.;risdicticn2' d� _:�:-.iination pursuant to Section 404 of the Clean Water Act and/or
Section 10 Of the Fivers and Harbors Act of 1899. i, the undersignec:, am a duly authorized owner of record of the property identified
herein.
11. SIGNATURE CF PROPER.\. OWNER 12. DATE
91 9
_
18 U.S.C. Sectio -,rovides .::at: '.viceyer, in ar,y manner with,r..I,;. ,­sciction of any department or agency of the United States knowingly and
willfully falsifies, conueals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any faise, fictitious or fraudulent statements or entry, shall be
fined not more than S"i0,I)OG or imprisoned not more than rive years or both.
ENG FORM 6294, JAN 2C } 4

Figures & Impact Maps

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Legend -
Project Area
M!E
NOTES:
1. NRCS; SOIL SURVEY SHEET 21, DURHAM COUNTY, NC (1976)
I 0 660 1,320
FIGURE 2B. BUFFER SUBJECTIVITY SOIL SURVEY Feet
BROOKS -PASCAL SLOPE REPAIR 1 inch = 1,320 feet
Natural Resource DURHAM, DURHAM, COUNTY, NC VERSION: 1
DATE: 9/16/2024
Consultants JOB NO: 24033
DRAWN BY: Alec
C:\Users\NRC\NRC Server\Projects\24033 Duke Unv Storm Repair\GIS\BrooksPascal-Fiq 2 Buffer SS.mxd, 9/16/2024 10:58:09AM, Alec

Jurisdictional Determination

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.•
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Duke - Brooks Pascal Slope Repair City/County: Durham/Durham Sampling Date: 9/11/24
Applicant/Owner: Duke University State: NC Sampling Point: DP1 - Up
Investigator(s): Jennifer Burdette (NRC) Section, Township, Range: N/A
Landform (hillside, terrace, etc.): bench Local relief (concave, convex, none): convex Slope (%): 15-25
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.992642 Long:-78.941892 Datum: NAD83
Soil Map Unit Name: MfE - Mayodan sandy loam, 15 to 25 percent slopes NWI classification: N/A
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
—Surface Water (Al) —True
Aquatic Plants (1314)
—Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
—Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
—Iron Deposits (135)
—Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP1 - Up
Tree Stratum (Plot size: 30' )
1. Fagus grandifolia
2. Acer floridanum
3. Liquidambar styraciflua
4. Prunus caroliniana
5.
6.
7.
Absolute
Dominant
Indicator
% Cover
Species?
Status
30
Yes
FACU
20
Yes
UPL
10
No
FAC
5
No
FACU
65
=Total Cover
50% of total cover:
33
20% of total cover:
Saplinq/Shrub Stratum (Plot size: 15,
)
1.
Elaeagnus commutata
20
Yes
2.
Ligustrum sinense
15
Yes
3.
Lonicera maackii
5
No
4.
Mimosa microphylla
5
No
5.
6.
7.
8.
9.
45
=Total Cover
50% of total cover:
23
20% of total cover:
Herb Stratum (Plot size: 5' )
1.
Hedera helix
10
Yes
2.
Lonicera japonica
5
Yes
3.
Lonicera maackii
2
No
4.
5.
6.
7.
8.
9.
10.
11.
17
=Total Cover
50% of total cover:
9
20% of total cover:
Woody Vine Stratum (Plot size: 15'
)
1.
2.
3.
4.
5.
=Total Cover
50% of total cover:
20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
13
UPL
FACU
UPL
UPL
.11
FACU
FACU
UPL
4
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
0
(A)
Total Number of Dominant
Species Across All Strata:
6
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
0.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply by:
OBL species 0
x 1 =
0
FACW species 0
x 2 =
0
FAC species 10
x 3 =
30
FACU species 65
x 4 =
260
UPL species 52
x 5 =
260
Column Totals: 127 (A)
550
(B)
Prevalence Index = B/A
=
4.33
_ 1 - Rapid Test for Hydrophytic Vegetation
_2 - Dominance Test is >50%
_3 - Prevalence Index is <_3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: DP1 - Up
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
0-9 10YR 3/3 100 Loamy/Clayey Loam
9-16 7.5YR 4/4 100 Loamy/Clayey Loam
Type: C=Concentration, D=Depletion,
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
_2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
—Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains.
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions(F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

Natural Resource Consultants
Upland Data Form - Supporting Photograph
Photo 1. View of upland data form location on bench on right bank of stream (9/11/24)
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 1 of 1

Protected Species

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0144330
Project Name: Brooks Pascal Slope Repair
09/16/2024 15:02:14 UTC
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
2of13

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• Migratory Birds
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
[phone]
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Project code: 2024-0144330 09/16/2024 15:02:14 UTC
PROJECT SUMMARY
Project Code: 2024-0144330
Project Name: Brooks Pascal Slope Repair
Project Type: Road Repair
Project Description: The existing Pascal Brooks drive is on the south side of the Athletics
District off of Highway 751(Cameron Boulevard). The slope of this
roadway embankment experienced erosion and damage during the recent
Tropical Storm Debby earlier this month. This proposal is for the
emergency repair of the roadway embankment.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a-)35.9926662,-78.94189834995629,14z
i{flYYI
. rY
Counties: Durham County, North Carolina
4of13

Project code: 2024-0144330 09/16/2024 15:02:14 UTC
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
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.
5of13

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
MAMMALS
NAME
Tricolored Bat Perimyotis subflavus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10515
CLAMS
NAME
STATUS
Proposed
Endangered
STATUS
Atlantic Pigtoe Fusconaia masom Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5164
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Smooth Coneflower Echinacea laevigata Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3473
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
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 OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
0 OT 1:i

Project code: 2024-0144330 09/16/2024 15:02:14 UTC
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the
Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treaty Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are likely bald eagles present in your project area. For additional information on bald
eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
1►/Juhl
BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
https:Hecos.fws.gov/ecp/species/1626
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
7ot13

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MARL APR MAY JUN JUL
II II AUG SSEP yy OCT
Bald Eagle Non -BCC I �+ +++ I T I I
Vulnerable
Additional information can be found using the following links:
NOV DEC
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
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
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Acti 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 in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
8of13

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10
and Alaska.
https:Hecos.fws.gov/ecp/species/9399
Cerulean Warbler Setophaga cerulea Breeds Apr 28
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/297
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
https:Hecos.fws.gov/ecp/species/9406
Chuck-will's-widowAntrostomus carolinensis Breeds May 10
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions t0 Jul 10
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/960
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
https:Hecos.fws.gov/ecp/species/10678
Grasshopper Sparrow Ammodramus savannarum perpallidus Breeds Jun 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 20
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/8329
Kentucky Warbler Geothlypis formosa Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
https:Hecos.fws.gov/ecp/species/9443
Prairie Warbler Setophaga discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9513
9of13

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
BREEDING
NAME SEASON
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9439
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
https:Hecos.fws.gov/ecp/species/9398
Rusty Blackbird Euphagus carolinus
Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
elsewhere
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9478
Wood Thrush Hylocichla mustelina
Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9431
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
10 of 13

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
SPECIES JAN FEB MAR APR MAY JUIIN JUL AUG SSEP OCT NOV DEC
Bald
Non -BCC
e I I I I I I l r++ ++++ ++++ T++
Vulnerable
Black -billed
Cuckoo 4-1 1++++ +dI III III III 1 1 1 1 1 1 1 1+
Cuckoo
BCC Rangewide
(CON)
Cerulean Warbler +++
BCC Rangewide r I +++ ++++ +++1 I I I �+ ++++ ++++ ++++ ++++ ++++ ++++ '
(CON) ■
Chimney Swift
BCC Rangewide 0111 iiii mid 1111$on 11111w ++++ ++++
(CON) ��� -- ---- ---- —
Chuck-will's-widow +�
BCC-BCR I I I+++ ++++ I I I +++++ ++++ ++++ ++++ ++++ ++++
Eastern Whip -Poor- t
will
t It It It yl
BCC Rangewide
(CON)
Grasshopper Sparrow ++++ I + ++++ ++i I ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
BCC -BCR Kentucky Rangewide Warbler
BCC Rangewid+++1 I I 4* ++q I I I I I I ++ +++Ti
++++ ++++ ++++ ++++ ++++
(CON)
Prairie Warbler BCC Rangewide ++++ ++++ +++I I I I$ T+T I T I I+ I I I 1-00 + I I I I+++ ++++ ++++
(CON) h * y
Prothonotary Warbler++++ ++++ ++++ + I I I+T� ++++ +T� I+++ ++++ ++++ ++++
BCC Rangewide
(CON) yyyii yyy y y y yyyi
Red-headed Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird BCC -BCR ++T+ ++++ +*++ TTT+ ++++ ++++ ++++ ++++ ++++ +++T TTT+ ++T+
SPECIES JAN FEB MAR APR MAY JUN JUL
AUGi SEP i OCT NOV DEC
Wood Thrush
BCC Rangewide ++++ ++++ ++++ +
(CON)
Additional information can be found using the following links:
- Eagle Management https://www.fws.gov/program/eagle-management

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
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
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur-
project-action
12 of 13

Project code: 2024-0144330
09/16/2024 15:02:14 UTC
IPAC USER CONTACT INFORMATION
Agency: Natural Resource Consultants, LLC
Name: Alec Pierzga
Address: 308 W Millbrook Road
Address Line 2: Ste D # 200
City:
Raleigh
State:
NC
Zip:
27609
Email
[e-mail]
Phone:
9194223605
13 of 13

Roy Cooper, Governor
INC DEPARTMENT OF
■■■ NATURAL AND CULTURAL RESOURCES
September 16, 2024
Alec Pierzga
Natural Resource Consultants
308 W Millbrook Rd
Raleigh, NC 27609
RE: Brooks Pascal Slope Repair; 24033
Dear Alec Pierzga:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
\���iUDIIM01101
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 the NCNHP at natural.heritage�dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES
11) 121 W. JONES STREET_ RALDGK MC 27603 • 1651 MAIL SERVICE CENT£R. RALEIGR Nr_ 276
OFC 919707.9120 • FAX 919,70720

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Appendix A - Supporting Photographs

N NE ! E SE
0 30 60 90 120 150
1. .. ... -78.941911 ±1 1
77.6
77.71
Duke Brooks Pascal
ope failure ��i 11 Sep 2024, 11:716 AM
NE �.A `-E .I SE S
30 60 90 120 150 180

NW N 1 NE E
JO 33a a M 60 90
•IIIIIIIII�I.1•IIIIIL•
•• /2!
v6..
Aw
gyp• ��_ �a'�'.. 1 rfl
y
B_'rooks Pascal
Old dam 11 Sep 2D24, 11:46.5 PM
NW N I NE E
33a a ' ' 30 60 90 120
IIIIIIIIIIIIIIIIII•
•• .0..
I -J
Frl
P �
Duke -Br ks�a-seal
cutlet20 : , 11 48,41' AM

Natural Resource Consultants
Photo 5. View of upland data form location on right bank bench upstream of the dam
Photo 6. View of existing 72-inch culvert
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 3 of 5

Natural Resource Consultants
Photo 6. View from near culvert looking downstream
0 265° W (T) ®35.992486,-78.942046 ±10 m
Photo 7. View of nonjurisdictional storm channel under construction
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 4 of 5

Natural Resource Consultants
© 58° NE (T) ® 35,992501,-78.941718 ±6 m
y it ��'` y�s�".F�� '•.'� � %.! , � p
x <� ��
Photo 8. Decommissioned stormwater pipes with a vertical bank below located
on the left bank upstream of slope failure
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 5 of 5