20180450 Ver 1_401 Application_20180318

Environmental Consultants,
20March 27th, 2018
(= 4 S 0 S&EC Project # 13284
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Ross Sullivan
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Kevin C. Martin
Soil & Environmental Consultants, PA
Re: Extra Space Storage Development
Durham, Durham County, NC
NC DWR, 401 & Buffer Permitting Unit Regulatory
Attn: Karen Higgins
Archdale Building — 91h Floo
512 North Salisbury StreetP10
V (�
Raleigh, NC 27604
v l5 D
AR 2 7:2 018
On behalf of the applicant, Miller Real Estate Company of Durham, Inc. please find attached a complete
application and supplemental information requesting written concurrence from the U.S. Army Corps of
Engineers that the activities proposed below may proceed under Nationwide Permit 18, a request for
approval to utilize general water quality certification from the N.C. Division of Water Resources
(NCDWR). NWP 18 is being requested because, while the impacts are actually the result of an access
road and parking, a portion of a proposed sandfilter BMP will be installed under the parking area which is
directly above the footprint of part of the wetland to be impacted.
The proposed impacts are required to allow for development of a ministorage development in downtown
Durham. Wetlands are likely man made and of low quality and result from the existence of an abandoned
septic system and uncontrolled stormwater runoff from a gravel road and adjacent commercial
development. Please contact me at [phone] if you have any questions or require additional
information.
PROJECT SUMMARY
Project Name
Extra Space Storage
Project Type
commercial
Owner/Applicant
Miller Real Estate Company of Durham, Inc.
County
Durham
Nearest Town
Durham
Waterbody Name
Ellerbe Creek
Basin
Neuse
Class
WS-V;NSW
IMPACT SUMMARY (see PCN form & Imoact Maos for Buffer imnnc:t nunntitiP.-)
Stream Impact (feet):
0
Wetland Impact (acres):
0.041
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0.041
Total Stream Impact (linear feet):
0

Attachments:
Pre -construction Notification (PCN) Application Form
DWR Buffer determination Letter (with USGS and soil survey)
Site Plan/Impact Exhibit (2 pages)
Corps Preliminary JD
DWR only:
$240.00 check for Application fee
1 Site Photo of Wetland to be Impacted
Vicinity Map
Owner certification/Agent Authorization
Aerial photo with topo and Project Limits

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought fromtheCorps:
❑X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
Q Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 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:
❑X Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X 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 ❑X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ❑X No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2. Project Information
2a. Name of project:
Extra Space Storage
2b. County:
Durham
2c. Nearest municipality / town:
Durham
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Miller Real Estate Company of Durham, Inc.
3b. Deed Book and Page No.
Parcel ID#'s 0812-1047-3332,4216,-4282,-5139,-6106 & -6153
3c. Responsible Party (for LLC if
applicable):
Kay M. Goad
3d. Street address:
P.O Box 2734
3e. City, state, zip:
Durham, NC 27715
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑X 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. Agent/Consultant Information (if applicable)
5a. Name:
Kevin C. Martin
5b. Business name
(if applicable):
Soil & Environmental Consultants, PA
5c. Street address:
8412 Falls of Neuse Rd., Ste. 104
5d. City, state, zip:
Raleigh, NC 27615
5e. Telephone no.:
919-270-7941
5f. Fax no.:
919-846-9467
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0812-10-47-3332,-4216,-4282,-5139,-6106 & -6153
1b. Site coordinates (in decimal degrees): ILatitude: 36.0227 Longitude: -78.950866
1c. Property size: 11.9 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Ellerbe Creek
2b. Water Quality Classification of nearest receiving water:
WS -V, 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:
Site is partially wooded, and partially lawn associated with past commercial and residential buildings. Surrounding area is developed commercial
property in every direction. Bordered by Christian Ave to the west and Wortham to the south
3b. List the total estimated acreage of all existing wetlands on the property: 0.041
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
Allow development of a mini storage facility in Durham.
3e. Describe the overall project in detail, including the type of equipment to be used:
Typical construction equipment for road and building construction, see overall site plan for more specific details like building size, location, parking.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
Yes ❑ No ❑ Unknown
Comments: PJD issued 10-3-17 SAW -2017-01941
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
0 Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Kevin C. Martin
Agency/Consultant Company: S&EC, PA
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
buffer letter issued 9-15-17, .NBRRO#17-317. PJD issued 10-3-2017, SAW -2017-01941
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X 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.
26.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary
W1 P
Fill
Headwater Wetland
No
Corps
0.041
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.041
2h. Comments:
Wetland is a result of an old septic system and uncontrolled runoff from adjacent commercial development and gravel road
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 (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 -
Choose one
-
_
S2 -
Choose one
-
_
S3 -
Choose one
_
S4 -
Choose one
-
_
S5 -
Choose one
_
_
S6 -
Choose one
3h. Total stream and tributary impacts
0
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

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 indiv dually 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 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
0
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the 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
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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. Project is in which protected basin?
❑X Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
0
0
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Near the eastern property line of the site, a small pocket of wetlands (1,800 sf /.041 ac.) must be impacted to accommodate the construction of an
entrance drive with parking to access the lower level of the proposed 3-story mini-storage building. The buildings location is set by the existing zoning
buffers and setbacks only allowing for access and parking to be located on the east and west sides of the building. The access drive and parking along
with grading generate 100% of the wetland impact
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impacts are unavoidable (see above)
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
ElPayment to in-lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
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:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non-riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
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.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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
❑ Yes ❑X No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
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).
6h. Comments: Per attached DWR letter no riparian buffers exist on site
Page 7 of 10

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 ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Stormwater management plan to be approved by the City of Durham.
❑ Yes ❑X No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
55.6%
2b. Does this project require a Stormwater Management Plan?
0 Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater plan will be reviewed and approved by the City of Durham BMP's will be subsurface sandfilters located beneath parking areas.
2e. Who will be responsible for the review of the Stormwater Management Plan?
City of Durham
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
City of Durham
FRI Phase II
3b. Which of the following locally-implemented stormwater management programs
❑X NSW
apply (check all that apply):
❑ USMP
❑X Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
El Yes ❑X 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 ❑X No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b. 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
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. 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
letter.)
❑ Yes ❑ No
Comments:
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,
El Yes ❑X No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after -the -fact permit application?
El Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future:impacts)
Yes ❑X No
additional development, which could impact nearby downstream
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance the
with
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Extra Space Storage project is a small commercial development that is also urban infill.
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.
Connection to existing municipal sewer line
Page 9 of 10
PCN Form — Version 1.4 January 2009

6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
El Yes ❑X No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ Yes ❑X No
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
'Threatened/Endangered Species are located within the NW Durham Quad via a NC -Natural Heritage Programs Data Search,
We understand that the USACE will formally consult with USF&WS regarding potential impacts to long eared bat habitat for any Durham Co. site
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No
Essential Fish Habitat was identified near the project.
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 ❑X 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?
Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. No structures were observed during
the wetland evaluation and no structures are identified on the NC State Historic Preservation Office HPOWEB GIS Service within 1/2 mile or more.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Durham county GIS also confirmed by project engineer
Kevin C. Martin .r 3-27-18
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigii, NC27615 • Phone: [phone]tX7
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Coker Self Storage S&EC Project #
Date: August 29, 2017
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Samantha Dailey Field Office: Raleigh.
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) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, 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. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. 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 S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0812-10-47-3332,4216,4282,5139,6106,6153
Site Address: 1400 Christian Avenue
City, County, State: Durham, Durham County, NC
Mailing Address:
Z
3
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

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Water Resources
ENVIRONMENTAL QUALITY
September 15, 2017
Kay Goad
P.O. Box 2734
Durham, NC 27715
ROY COOPER
Govereor
MICHAEL S. REGAN
Seawary
S. JAY ZIMMERMAN
Director
Subject: Buffer Determination Letter
RRO # 17-317
Durham County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B4O233)
B X
❑ Tar -Pamlico (15A NCAC 213 .0259)
® Intermittent/Perennial Determination (where local buffer
ordinances apply)
[IJordan (15A NCAC 213 .0267)
(governmental and/or interjurisdictional
projects)
Project Name: Coker — Christian Ave
Address/Location: 1400 Christian Ave, Durham, NC
Stream(s): Ellerbe Creek
Determination Date: 09/15/2017 Staff: Andy Neal
Stream E/I/P* Not Subject Subject
Start@ Stop@. Soil USGS
Surve To 0
A X
X
B X
X
*EIIIP = Ephemeral/Intermittent/Perennial
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of
Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each stream that is checked "Not Subject' has been determined to not be at least intermittent or is not present.
Streams that are checked "Subject' have been located on the property and possess characteristics that qualify it to be
at least an intermittent stream. There may be other streams located on the property that do not show up on the
maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DVM may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins,
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:/ portal.ncdenr.org,web•`wq aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regard' this determ' ation, please feel free to contact Andy Neal at [phone].
incerely,
Danny Smith
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy
Kevin Martin; S&EC, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615

17-317: Coker - Christian Ave
Legend:
Site boundary:
Map provided by NCDEQ Division
of Water Resources
Locations are approximate and
are provided for reference only ::

17-317: Coker - Christian Ave
end:
-Approximate Site boundary:
Map provided by NCDEQ Division
of Water Resources
Locations are approximate and
are provided for reference only::

U.S. ARMY CORPS OF ENGINEERS
WILNIINGTON DISTRICT
Action Id. SAW -2017-01941 County: Durham U.S.G.S. Quad: Northwest Durham
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Miller Real Estate Company of Durham. Inc.
Ms. Kay Goad
Address: P.O. Boa 2734
Durham, North Carolina 27715
Authorized Agent: Soil and Environmental Consultants, PA
Mr. Kevin Martin
Address: 8412 Falls of Neuse Road, Suite 104
Raleigh. North Carolina 27615
Size (acres) 1_9 Nearest Town Durham
Nearest Waterway Ellerbe Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 36.022700
Longitude: -78.950866
Location description: The proiect area for the 1400 Christian Avenue Site preliminary iurisdictional determination is
situated northeast of the intersection of Christian Avenue and Wortham Street on the followine property parcel PINS•
0812 -10-47-4216.0812-10-47-6106.0812-10-47-6153.0812-10-47-4282 0812-10-47-5139 and 0812-1047-3332 The
prosect area is located in the City of Durham. Durham County North Carolina The Proiect Area is shown as the red
boundary on the attached sketch entitled "Fieure 3 - Sketch Map."
Indicate Which of the Followina Apply:
A. Preliminary Determination
X There are wetlands on the above described project area, 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. 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 are wetlands on the above described 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 overall of 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 of the U.S. on your 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 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 of the U.S., including wetlands, on the above described project area 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 of the U.S. on your 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 of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
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 of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . 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 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 [phone] 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 Mr. Ross Sullivan at
[phone], ext. 25 or roscoe.l.sullivan(&usace.armv.mil.
C. Basis For Determination: The Proiect area exhibits water bodies with indicators of wetland criteria as
defined in the applicable regional supplement to the 1987 wetland delineation manual The water bodies on the site are
listed in the attached table (see the Preliminary Jurisdictional Determination Form). This determination is based on a
field verification by Ross Sullivan (USACE) on 9/28/2017.
D. Remarks:
The water bodies in the Proiect Area were flagged by Soil & Environmental Consultants PA and are shown within the
Proiect area on the attached fieure titled "Figure 3 — Sketch Map."
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: Jason Steele, Review Officer
60 Forsyth Street SW, Room l OM 15
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 N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** Dlgitally signed by BAILEY DAVID E 1379283736
Corps Regulatory Official:
DN: PKI, o =U5A, GovemmenL ou=DoD,
�► ou=PKI, ou=USA,
cn=BAILEY.DAVID.E.1379283736
Date: 2017.10.0311:12:25 -04'00'
Date: October 3.2017 Expiration Date: N/A
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 our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cip,._apex/f?p=l 36:4:0.
Copy furnished:
Stephanie Goss, NCDEQ-DWR, 3800 Barrett Drive, Raleigh, NC 27609

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I Description Area (Sf) jArea (Ac) % Total Area
Total Project Area 86990.44 2.00 100.00%
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Proposed Impervious (Total) 48368.00 1.11 55.60%
Building 36271.00 0.83
-- --1'— —' Vehicular5urface 9414.00 0.22
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(919) 467-970808 DURHAM COUNTY, NORTH CAROLINA
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1150 SE MAYNARD ROAD
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SUITE 260
CARY,NC27511
[phone] DURHAM COUNTY, NORTH CAROLINA
G0329
SCALE 1" = 30' MARCH 18, 2018
PREPARED BY: Bart J. McClain, PE SHEET 2 OF 2