19860062 Ver 1_COMPLETE FILE_19860212

i ;
S
;n
February 13, 1986
Mr. Richard G. Schaller, President
CMD Southeast, Inc.
P.O. Box 13587
2525 Meridian Parkway
Research Triangle Park, NC 27709-3587
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill in Wetland
CMD Southeast, Inc.
North Prong of Northeast Creek
Durham County
Dear Mr. Schaller:
Attached hereto are two (2) copies of Certification No. 1885
issued to CMD Southeast, Inc. dated February 13, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
Dennis R. Ramsey
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Mr. William Mills
Mr. David Owens
Tow
NORTH CAROLINA
Durham County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to CMD Southeast, Inc. pursuant
to an application filed on the 20th day of December, 1985 to construct
an access road and parking facilities which will encroach into wetland
areas.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of North Prong
of Northeast Creek in conjunction with the proposed access road and
parking lots in Durham County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the applicant shall obtain approval of
an erosion and sedimentation control plan if
more than one acre is disturbed during
construction of the project. Such an approval
is issued by the N.C. Division of Earth
Resources, Land Quality Section.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 13th day of February, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
Dennis R. Ramsey
For R. Paul Wilms, Director
WQC# 1885
A?* ?i"U ? , ?V?
February 13, 1986
Mr. Richard G. Schaller, President
CMD Southeast, Inc.
P.O. Box 13587
2525 Meridian Parkway
Research Triangle Park, NC 27709-3587
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill in Wetland
CMD Southeast, Inc.
North Prong of Northeast Creek
Durham County
Dear Mr. Schaller:
Attached hereto are two (2) copies of Certification No. 1885
issued to CMD Southeast, Inc. dated February 13, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely urs,
original Signed-by
Dennis R. Rarnsey
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Mr. William Mills
Mr. David Owens
4-?C-
NORTH CAROLINA
Durham County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to CMD Southeast, Inc. pursuant
to an application filed on the 20th day of December, 1985 to construct
an access road and parking facilities which will encroach into wetland
areas.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of North Prong
of Northeast Creek in conjunction with the proposed access road and
parking lots in Durham County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the applicant shall obtain approval of
an erosion and sedimentation control plan if
more than one acre is disturbed during
construction of the project. Such an approval
is issued by the N.C. Division of Earth
Resources, Land Quality Section.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 13th day of February, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
Dennis R. Ramsey
For R. Paul Wilms, Director
WQC# 1885

DIVISION OF ENVIRONMENTAL MANAGEMENT
February 11, 1986
MEMORANDUM
TO: William C. Mills
FROM: David T. Adkin C
SUBJECT: 404 Application
CMD Southeast, Inc.
Durham County
RECEIVED
FEB121986
WATER QUALITY SECTION
OPERA?!ONS BRANC41
The Raleigh Regional office has reviewed the
application by CMD Southeast, Inc., to place fill in wooded
wetlands adjacent to North Prong of Northeast Creek. The
following comments are offered:
1. It is not likely the activity as presented will
cause water quality violations in the waters of
State.
2. The site is likely to include an area greater than
one acre. The owner should be advised of the
necessity to obtain approval for erosion control
measures prior to beginning the project.
1
DTA/jeb
.ls
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineer EC P V F D
Post Office Box 1890
Wilmington, North Carolina 28402-1890 ai4 ?f
U r;
SAWCO86-N-032-0090
PUBLIC NOTICE C'
CMD SOUTHEAST, INCORPORATED, Post Office Box 13587, Research Triangle
Park, North Carolina, 27709, has applied for a Department of the Army permit,
TO PLACE FILL MATERIAL IN WOODED WETLANDS CONTIGUOUS WITH NORTH PRONG
NORTHEAST CREEK TO EFFECT CONSTRUCTION OF AN ACCESS ROAD AND PARKING AREAS IN
DURHAM, Durham County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed construction of a 279-foot-long, 55-foot-wide
(bottom width) section of fill access road through wooded wetlands contiguous
with North Prong Northeast Creek. Approximately 3,096 cubic yards of fill
material, graded from high ground on the property, will be placed in wetlands
for roadway bedding. No undercutting for the roadway will be necessary.
Three 36-inch culverts are to be installed in the roadway fill to maintain
flows to wetlands west of the roadway. In addition to the proposed roadway,
the applicant proposes to encroach into three areas of wetlands during
construction of parking facilities. This encroachment will involve the
discharge of approximately 2,381 cubic yards of upland fill into approximately
9,900 square feet of wooded wetlands. Wetlands to be filled by the proposed
work have been altered by past construction in the area (roadway, sewerline,
and powerline) and are vegetated primarily by willow oak, black gum, sweet
gum, American elm, red maple, poison ivy, and greenbrier. To mitigate for
wetlands filled by the proposal, the applicant plans to restore flows to and
from wetland areas upgradient from the existing sewerline, plant native
wetland vegetation on the edges of fill slopes, create shallow depressions in
the disturbed sewerline and powerline right-of-ways to serve as seasonal pond
habitats, and plant created depressions and adjacent areas with onsite wetland
vegetation. The purpose of the proposed work is to provide access and
facilities for a planned hotel. Durham County requires two access routes for
the facility, one of which is proposed entirely on high ground. The proposed
wetland roadway alignment has been chosen as the second route due to site
constraints. Durham County parking and setback requirements have resulted in
the proposed wetland encroachment to facilitate parking area construction.
Plans showing the work are included with this public notice.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to

-2-
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM), issues, denies or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as*application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
February 12, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do-so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687 on or before February 5, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work., as outlined above, will
be received in this office, Attention: Mr. Ken Jolly, until 4:15 p.m.,
February 3, 1986, or telephone [phone]
L . ? Waraal_ tc'?
Lieutenant Colonel,
Corps of Engineers
Deputy District Engineer

PICKETT SUITE HOTEL
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ORDINARY HIGH WATER
ELEV. 254'
FILL NEAR NORTH PRONG
OF NORTHEAST CREEK
DURHAM COUNTY. N.C.
12/16/85
FIGURE I OF 7 J. H. CROW CO., INC.
LOCATION MAP
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FIGURE 2 OF 7 H. CROW CO. INC.
U.S.G.S. MAP
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PICKETT SUITE HOTEL
ORDINARY HIGH WATER
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FILL NEAR NORTH PRONG
OF NORTHEAST CREEK
DURHAM COUNTY. N.C.
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FIGURE 5 OF 7
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 2, 1986
SUBJECT: File No. SAWC086-N-032-0090
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
a
` ,•_ ... 114?a 1; ?r ,??
Enclosed is the application of CMD Southeast, Incorporated,
represented by Mr. Richard G. Schaller, President, for a
Department of the Army permit and a State Water Quality
Certification to place fill material in wooded wetlands contiguous
with North Prong Northeast Creek to effect construction of as
access road and parking areas in Durham, Durham County, North
Carolina. Your receipt of this letter verifies your acceptance of
a valid request for certification in `accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by February 28, 1986, the District
Engineer will deem that waiver has occurred.
4.r
4V
-2-
Questions or comments may be addressed to Mr. Ken Jolly,
telephone [phone].
Sincerely,
Enclosure
lo41 '
harles W. lis
! 4? 4? ???
Chief, Regulatory Branch
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh;, Ner€h Carolina 27411-76#7

4

r J. H. CROW COMPANY INC.
365 B HOFFMAN ROAD
PORT MURRAY, NEw JERSEY 07865
201-689-0332
December 17, 1985
??4
D G! j ;0 10F,5
S. Ken Jolly
Regulatory Branch
U. S. Army Corps of Engineers
Wilmington, NC 28402
Dear Ken:
Enclosed please find our filing for the proposed Pickett Suite
Hotel Site on the CMD property off of the Meridian Parkway in
Durham County, North Carolina. You will note from the
Environmental Impact Report that we have a very good plan that
minimizes wetland impacts; please compare this with an early plan
illustrated in the EIR. As you can see, all parties involved
have really tried to ensure that all encroachment is kept to a
minimum.
We would also like to point out that this most wetland
encroachment is necessary because of Durham County Planning Board
requirements. A mandatory setback from the property line pushed
everything toward the. wetlands and a requirement for two access
driveways onto the site forces the hotel to cross the wetland.
You will note-that we have a comprehensive mitigation analysis
and plan that should provide a solid basis for project approval.
We have enclosed a number of figures including one showing the
fill areas and the total volume of fill required in each area.
If you have any further questions pertaining to our filing,
please contact us at your earliest convenience. Thank you for
your time and help in this matter.
Yours truly,
ff rti
John H. Crow, Ph.D.
President
MK:gg
Enclosures

APPLICATION
FOft
PERMIT TO EXCAVATE AND/OR FICA. WAn!t QUALITY CERTIF tf .0
EASEMENT IN LANDS COVERED aY WATER CAii1A PERMIT FOR UAWA DEVELOPMENT
pNertwewt of AtlOWA11111400n State of NoM Caroiiita oyYtntewt of the Arwry
(GS 146-12) t)siwtiitatt of Natural Iteaaweos &W CaitriANOW Owakilpow A Cw" of E#wkww , wilwiliig- oko us
(GS t1322f, 143-215.34)(1). 143-215.3(c). 113A•119 (33CfR M.320-3291
Phase type a print and fill in all blanks. It information is not applicable, w "CO" by ptacinjg NIA in bim*.
1. A lcantlnforntatioa President; CMD Southeast, Inc.
A. Name Schaller. Richard G. ,
Last First Middle
B. Address P Q Rnx 13q_7, 2525 Meridian Parkway
Street, P. O. Box (K Route
RPCParrh Triangle Para, NC 27709-3587 [phone]
City ,)r Town State Zip Code Phone
IL t oc4tion of Proposed Proiect:
A. County l)iirham
Durham County
8. 1. City, town, community or landmark
2. Is proposed work within city limica0 Yes No X
C. Creek, river. sound or bay upon which project is located or nearest named body of water to project
North Prong of Northeast Creek
OIL Dmaiptie"ofPmOct Motel
A
N Construction
.
. Z Now work
A. 1. Maintenance of existing project
11. Purpose of excavation or fill
N.A. l
depth
-idth
h
-
engt
.,,_._
1. Access channel
2. Boat basin length width depth
2 7 9
drivewa
h
6.S
1
width dept
y length
3. Finareaaccess _
ieces)
3
' i
16 Swidth 60' depth
l
th C a
k i p
n
4 . 0
,
n g__ _
eng
4. Other n? n r
C. 1. Bulkhead length N . A • Average distance waterward of MHW (shereiine)
d construction (material) N.A.
lkh
f b
T
2
u
ea
ype o
.
0. Excavated material (tool for project)
A
N
.
.
1. Cubic yards N . A . 2. Type of material
V1 A)-within delineated wetland area
W(
h
o
seea
E. Fill material tobcpl.cedbelow MH
on site
3 White Store sandy loam
,
oc of material
T
l S
2
S 4R? S
i
.
y
1. Cub
c yards
ys
total
IV. Land Type. Disposal Ara, and Construction quipment.
A. Does the area to be excavated include any marshland, twamp? or other wetland' Yes No Y
B. Dots the dispnsal aria include any m4f%nland, swamps or uthei wetland i Yet No X
C. Oiwsal Area
1. Location N A
2„ Oo you claim title to disaosal aria!
D. Fill materialH,uil,cif 1#11nto belmclicdin on site, upland soils, White ore San y Oalll
E. How will ciicavatcdmatcrialbcenit appedinderotionconiriillcdi s11t fences, vegetation cover,
ceriimentat . ion basin and riDr?r e.
F. Typc of equipment to he uscd back.boe,-bulldozer, an roll Y.
Q Will marshland he crusted in transporting equipment to proiecl ut0 It yes, eaplain only along "ill area
as fill and driveway construction proceeds; non fill areas wi11 be avoided.
04 01-41
t« e
V. kwas •d Unit do Arm (DAM0201
A. IL ft*m N-A-
2.Coll01,111tad Hntnl_ comnlpY ,
.-
HmaskV Oevelown"t or Indtetetiel -N-A.
4. Oehw N : A .
acre -
IL 1. Let tiseis) ?. 12 S 3 -S
Z ELewtiat of Iotfsl aeon mean hitllt r?ttw -6.21 to +15.11 based on_the 2 yr. even t
S,. Soiltypecrudteatllre Conagree silt loam 6 Chewacla and 1jehadkee sil to a
,. Type of building facilities or struc:ures b A
S. Swap ditootal and/or waste water treatment A. Esisdno
iL On"" Utlrham (:runty cr? 9a4
4. La=nd Cla urination (circle one) OEVELOf `D
CONSERVATION OTHL
tA?tst r NA COMMUNITY RURAL
.... (See CAMA Local LOW Use Plan Syttopsisl
W. hRaittine to Fill mW Water 0"ity .
A. pies the proposed project :rvolvv the placement of fill mawria%betow :went hrjh water? YesX?NO?
LL. 1. WIN any runoff or discharge enter adjacent water as a result of prptect activity Of planned use of the
are following protect completion) Yes X No
2 Type ofdischArpe Rain water from impervious surfaces
S. LgMM"ofdisdtargew„Parking lot an driveway
VOL hdwtt rae'of shortlitte erttslan lit knotwtl: N.A..
"M Lim on" ttwttbm and MW dates of previous Department of Army Caps of Euglneettt M St,1M ptlrlttit;1W
• work in Preis",init. if applicable:
13L Low* *I dm r vtiit•d to ce?dt+w oa•ieat 12 _ months. from starting date
X M adNtlak a the ce(maltew application brat. the fpNew?iwg ka to wit 0 be mW i d:
A. Attack a envy of the deed (with State application only) or other insizurnent tinder wh" applicant
slahm tick to the affected proouty. OR If applicant b not ciuming to be the owner of uW property,
then forward a copy of the deed or other Woutnent under which the pwntr claims tide plies written
permission from the owner to carry out the taroiect on his land.
L Attach an accurate work plat drawn to scale on 8'A X 11" white paper (see inmructton boowet for
details). Note: Original drawings preferred • only h.gh quality copies Accepted.
C. A copy of tht application and plat must be served upon adjacent noarian landowners by toostered at
=reified mail or by ouolicauon (G.S. 113.229 M)Enter date served .?.. T n n rrn r F g s
0. LIM names and complete addresses of the riparian landowners with prooerty adloirjing applicant's.
Such owners have 30 days in which to submit comments to avenues listed blow.
All adjacent properties are owned by the owner of the Hotel site
- uNID Southeast, Inc .) ; see attached sheet.
XI. Ceedfiutien reouiren.e*t. 1 certify that to dse Lest of rsy knowledjte, the proposed activity complies
with the State of North Carolinas approved coastal ma msernent oroeram and will be conducted in a
manner consistent with such program.
XIL Any permit issued pursuant to this application will allow only the development described in this appli
Cation and plat. Aooliunts should therefore describe in the application and plat all anticipated devel•
opnnent activities, including construction, excavation. filling, and land clearing.
GATE -MEMNAM
Applicant's Signature

s

ATTACHMENT TO APPLJCATION
FOR PERMIT TO FILL (404)
CMD Southeast Inc.
P. 0. Box 13587
2525 Meridian Parkway
Research Triangle Park, NC 27709-3587
ADJACENT PROPERTY OWNERS
Immediately south of site:
North Carolina DOT (I40)
Right of Way
Carl Parker
P. 0. Box 15580
Durham, NC 27704
North of site:
Ms. Jessie Shipp
809 Huntsman Drive
Durham, NC,,, 27713
(residence address)
Ms. Jessie Shipp
4310 Apex Highway
Durham, NC 27713
(property address)
CWD Southeast

December 9, 1985
?c??0
7
?,.-r; 10 1985
Dr. John H. Crow _
J. H. Crow Company, Inc. 8 5 Q 5
365 B. Hoffman Road -??--
Port Murray, NJ 07865
Dear Dr. Crow:
This letter is to certify that as president of the J.H. Crow Company,
Inc., you are hereby authorized to act as an agent of CMD Southeast, Inc.
in the procurement of a "404" permit from the U.S. Army Corp of Engineers.
This authorization is limited to the project known as the Pickett Hotel
Site.
Thank you for your assistance in the matter.
Sincerely,
Richard G. Schaller
President
RGS /s is
CMO Southeast. Inc. A Subsidiary of CMO Corporation
P O. Box 13587 Real Estate Development Since 1902
2525 Meridian Parkway
Research Triangle Park, NC 27709.3587
Phone. [phone] I

CMD Southeast
e

Dr. John H. Crow
John H. Crow Company, Inc.
365 B Hoffman Road
Port Murray, NJ 07865
Dear Dr. Crow:
December 13, 1985

Fhclosed please find information requested for the "404" application you are
making on our behalf:
1. COVV of Deed
The enclosed deeds are to the three seperate land parcels that make up the
originally squired lands now known as Meridian Business Campus. The hotel
site is made up of portions of land from each of those three original
purchases.
2. Legal Descripition
As follows: "Lot 2 of the Meridian Business Campus according to a subdivision
plat filed on August 27, 1985 with the Register of Deeds, Durham County, North
Carolina in Book 108, Page 178."
3. Ad anent Property Owners
All adjacent properties are lots 1, 4, 7, and 8 of the above mentioned and
recorded subdivision plat and are owned by the owner of the Hotel Site ( Lot #
2), CMD Southeast, Inc., 2525 Meridian Parkway, Post Office Box 13587,
Research Triangle Park, North Carolina 27709. The remaining adjacent property
is lot #3 of the same recorded plat and owned by CMD Southeast One, of the
same address.
I hope this information allows you to complete your applications.
Sincerely,
Q1i"D1k4A'
Richard G. Schaller
President
RGS/sls
CMD Southeast, Inc.
P.O Box 13587
2525 Mendan Parkway
Research Triangle Park, NC 27709-3587
Phone: [phone]
A Subsidiary of CMD Corporation
Real Estate Development Since 1902
5:?oe 1147.:1.! 239 1'
I ? cooK FILED
E•?•?y? .
: Fie 16 3 PH 084
'• STATE TN Real Estalr.
Np pLINA ; xci _r. Tar 3= RUTH C. CA;.RETT
•n ?!AR ,?1, j RECISTER OF DEEDS
w, .Y _ tnll•/1 ?e.L1l 6 3.'.S ?l :+? OURNAN COUNTY, NC
r c s ??
t
Clelw Tee Ieeeordlne 'lase, Nowt and pate
Tax Lot No ........................................................................... ........... Parcel Identifier No.
Verided by .............................................. . County on the day of
.....................................................
Hall after recording to ......James .T...liedrick .............................
P.O. Doot 2088
........... ..1..Durtiem, N.C. 27702
This Instrument wee prepared by ... JAB. T. Iiedrick,.. Attorney„at..;4w...
? Brief description fur the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this .. IC. .. day of ......... ..... , ip.,( by and between
GRANTOR GRANTER
WILLIAM S. R1Aa Jl70D and wife, OIL) S0IMW%Sp, IIIC., a North Carolina
IWE L J. MACKKOW
corporation
toter la epeftV1161e sleek far each Mrlrl "pile, asdreos, ate. U appropriate, eaarseler of dill , o.
r ? eerseraltea or MrtaseeNF
. w •e¦Ignaaon urantor and Grontse ee used heroin shall include sold peetbso, their bolts. wrteeeore, an4 assigns, and
shall Include singular, plural, masculine, feminine or muter as required by contest.
WITNESSETH. that the Grantor, far a valuable consideration paid by the Create. the receipt of which Is hereby
acknowledged, has and by these presents does #rant, bargain, Wl and ;envoy unto the Grantee In fee simple, all that
certain lot or parcel of land situated In the City of ............ ...•,TrLangle ... Township,
Durham . • • County. North Carolina and man particularly described as follows;
BEGINNI14 at a stake on the west side of the right-of-way of N.C. 55 "control corner"
said point being and marking the southeast corner of property of " of North Carolina,
Inc. (now CMD Southeast, znc.) and running thence along and with the right-of-way of
N.C. Highway 55 (See Deed Book 1092 at Page 3 89 for right-of-uny widening by North
Carolina Department of TranaportAtion) South 190 9' 50" West 363.06 foot bo a stake as
shown on plat and survey as being the northeast corner of C. L. Hopson Heire 6.598
acres (row ownod by at) Southeast, Inc.) as per peed recorded December 15, 1983 in
Book 1140 at Page 589, Durham County llrgistry to which reference is hereby made for a
mare particular description of same and running thence along and with the northern
property line of 00 Souttheast, Inc. (formerly C. L. Hopson Heirs) Worth 810 291 37"
West 978.57 feet to a stake in ;the formerly western property line of CMD of North
Carolina, Inc. (now am Southeast, Inc.) and running thence North 6e 021 27" Fast
342.26 feet to a atako designated control corners running thence North 82a 17' 45"
Fast 1,060.54 feet, to a stake the place and point of DDGINNING containing 8.172 acres
designated Willivn S. Blackwood and wife, hazel Blackvxod as shown on plat and survey
entitled "(oundiry Survey for CMD Southeast, Inc.", dated February, 1984, prepared by
Southeastern Surveys, Inc. of record in Plat look /? at Pago /SL , to which reference
in hereby mule fora more Mrticular description oFanmo.
".l•. 11.1 a,... I...w N• 1 4 1111. M..1.,, 1111.
war .. ...?.-... ....f .o ... ..,,
6

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a? (e, <J.1i?;1- I elcl.•t1 3 0.0 6 dies
^ OAR
I_ 1'`?. _. rs.uul
etc Ion +L% 4 4i1. 5?0
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., Piste. r ?:...?, pnd';•.talr•• .. L
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sp s. ;0 t0S na $OG N
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?NA
elcl•'n 9 919. 04 -• t 11UT11 C.CARREIT
?1. n1r, = RECISTCR Of REVS
DURIIAN COb11TY,N.C. .
11 • 1 ,;'• tgl.ISf ?A/. ` Recording 71me. pooh and Pere
ti GPI ?? U r ... Parcel Identifier No. ........................................
plct•'u '? 9 9 9. 0 U' B
_- on the .. ... ... day of .......
Mall after recording to ?J
................................ ........ .... ............. (........_...•...l. ......... ..... :....,............................ ..............
This Instrument was Prepared by .'y ...N?:?+r!'!'•4'r .. ...... . ... .... .. .. .. ...... ...... ....... ........................ ....
rear ..... _
11r1ef description fur the Index F- 77-71
NORTH CAROLINA GIiNHWAL WARRAN'T'Y DEED.
THIS DLGD made this „ let „ day of ... pet her 10. 02 , by and between
+.
GRANTOR GRANTEE
0DR110MTE FIEAL IY CONSMTAfIS $ INC., a
Delaware Corporation
C'm OF NOIMI ChAOLINA$ INC.I a North
.Carolina Corporation
Vale* In orreprlair ?leea Perin name. aAdrru, and. 11 appropriate, rltororler of enllly, e.% eerporallen at. paNnnehlp.
The designation Grantor and Grantee as used herein ahall hlchlde avid parties, their halts, sueconaote, ahd Assigns. and
shall Include singular, plural, maacullee, feminine or neuter its required by contest.
WITNE88ET11, that the Grantor, for a valuable eanalderallon pall by the Grantee, ilia receipt of 'w61e1t 1s hereby-
acknowledged, has and by three presents does grant, bargain, sell and convey unto the Grantee In fee•eltnple, all that
certain lot or Parcel of Isnd 01111014-41 In XW000L%11 , :..... Triangle .........`..1, Township.
O?uh°e Cu,laly. Nurlh CdrttHan nail more h11?llcdlnrlr deacribcd all
hlNoll'A;
Soo Shcodule A attadied hereto and made a part hereof.
With reference to Parcel b, the Grantee herein aseuTes arrd agrees to pay. .
the balance outstanding on that certain tote secured by Ivied of Trust be
George C. Kitchell, Trustee, for Lewis P. Walton and wife, Iona D. Walton)
dated and recorded October 15,•1902, in face anwnt $121,500.00$ of record ..
In the Office of the "Labor of Doclcls of Durham County in book 1091 at
ikt7o 632, without any obligation whatsoever to the Grantor.
t'4- t?=C?r a IIT.L'R ? ..
N.r. a.. a.,«. V- N.. 1 0 1,11. a..l..s 1011. ,
..W., ..?..r 4-.t .. ......e,
r
• a„
' PA?t.?40fS51 JS?
Prepared Bym Roger S. Upchurch
Attorney at Law
IXOM, N.C. 27702
NORTH CAROLINA &/. i ,(1Etr, f i eK
D E E D ao)c t o AF
DURIWM OOUDffY 37v.w4N /r. e . 2.77o x-
THIS DEED, made this 3 day of November , 1983 ,
by ETNA HOPSON JOHNSON and-F5U-a nd, LEwis ; MILDRED H. an hueUan-d-
CARLYIE LUX; EM E H. SMON and husband, AUBREY SEXvMI JOSEPH M. HUM and
wife, JUA M HOPSON; CHARLIE L. HOPSON. ia. (unmarried); ARLENE If. SORRELL and
husband, gUINDON L. SORRELL. JR., and 1,11BIE V. O'DORISIO and husband, FRED
O'DORISIO, Grantors, to QM 9OtMTASr_ JX- (Succeaarr to UM of North
„.,?aro}ina. Inc.) -- - ---
antees{
WITNESSETH:
711AT the Grantors, in consideration of Ten Dollars and other valuable
consideration to them paid by the grantees, the receipt of Which is hereby acknow-
ledged, have bargained and bold, and by these presents do grant, bargain, bell
and convey unto the Grantees, their heirs, or successors and assigns, the parcel(s)
of land in Durham County, North Carolina in Triangle
Township, more particular-
art cv ar y scribed as followdm '
BFCINNII?C at a control Cotner, it concrete mohltneht in the Wet line of
the right-ofrwey of N.C. Nipj wahy No. 55 and. UL the,.douth line of the
0 6 1.7 0 s property of William Blad{a ood, as shown on the plat hereinafter
referred to; and running thence along and with the carat line of the
fir„? right-of-way of N.C. Highway No. 55, South 14' 18' 41" West 289.88 feet
p ;a ?• to a stake in the north right-of-way line of the entry rare "B" to
c to ?;; Interstate Highway No. 40; thence along and with the north line of said
Z7 entry ramp, North 75' 39' 40" Weat 182.30 feet to a stake; thence •
r, continuing along the north line of. Raid entry ramp as it curves to the
left along a circle having a radius of 635:87 feet a distance of 289.98
.•"?• feet to a stake; thence continuing along the north line of said entry
ramp as it follows a spiral curve whose chord runs South 71' 04' 52".
West a distance of 221.70 feet to a stake; thence continuing along the
north line of said entry rang, South 67' 13' 59" West 261.99 feet to
a stake on the south bank of a branch, the southeast corner of the
p, property of Fred J. Herndon; thence along, and with the east property
_,. line of said Herndon, North 01' 16' 40" East 465.68 feet to a stake,
! the southwest corner of William Blacl%mod; thence along and with the
south line of said Blackwood, South 86' 18' 25" East 978.53 feet to a
concrete mou ment, the place and point of begirnnin , containing 6.6334
acres, more or less, and being shown as property of C. L. HOPSON HEIRS,
according to the plat thereof by George C. Love, Jr., Registered Land
Surveyor, dated 9/14/83, on file in the Register of Deeds of Durham
County in Plat Book Page , to which plat reference is
?u•«aui hereby made for a m6fe particular-3eacrTption.
cotiv?.
This conveyance is made subject to a Duke Power Company transmission
line easement, a Durhan County sewer easement, and all rights of others
in a stream or branch,
TO HAVE: KID TO H01D the aforesaid parcel(s) of land and all privileges and
appurtenances thereunto belonging to the said Grantees, their heirs, or successors,
and assigns forever.
XID the said Crrnntors for themnselves, their heirs, executors and administrators,
I covenant with the Grantees, their heirs, or successors, and assigns that they are
seized of said premises in fee and have the right to convey the ewe in fee simple;
I that the sane are free from encuThrances except as set forth in this instrument:
and Chant they will wnrrant and defend the title to the sera against the claims of
all persons whomsoever. The plural nunher as used herein shall equally include
1 the sinqulnr.

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PICKETT SUITE HOTEL
I
I
85 TO
Cr"
OF
cup""
40
SITE
O•
FIGURE 1 OF 7
LOCATION MAP
ORDINARY HIGH WATER
%NKWOO ELEV. 254'
RESEARCH FILL NEAR NORTH PRONG
? TRwHGLE OF NORTHEAST CREEK
R° DURHAM COUNTY. N.C.
- ?'-- 12/16/85
O 54 40
J. H. CROW CO., INC.

11

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PICKETT SUITE HOTEL
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ORDINARY HIGH WATER a
ELEV. 254'. .? Q
9 FILL NEAR NORTH PRONG
OF NORTHEAST CREEK ?: ,? f-•;\,•
do 0
DURHAM COUNTY. N.C. ? :?0
12/18/86 ii ..•: _
SOUTHWEST DURHAM, N. C. ??' -•• --
o J
NWH DURHAM SOUTH 15' QUADRANGLE o rte} O• -' • '; % ?? r \
N3552.5-W7852.5/7.5
1973,
PHOTOREVISED 1981
DMA 5255 IV NW-SERIES V842 lp
AIpA•
r,. ?•?. ..• u• n'.v. .... r.. run v r ? ` ?? •+ 1 .r ??.\: ? ??l/i Y.'??r'?:?: r?
FIGURE 2 OF 7 H. CROW CO., INC.
U.S.G.S. MAP
78°53'52"W
35°54'30*N
PICKETT SUITE HOTEL
ORDINARY HIGH WATER
ELEV. 254'
FILL NEAR NORTH PRONG
OF NORTHEAST CREEK
DURHAM COUNTY, N.C.

I 12/16/65
.

"WETLAND BOUNDARY ?
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FIGURE 3 OF 7
INC.
CROW CO.
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PROPOSED LAYOUT ,
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'"'WETLAND BOUND ARIL,
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FIGURE 5 OF 7
FILL AREAS AND
VOLUMES

3,096.41
31C YARDS

ORDINARY HIGH WATER
ELEV. 264'
FILL NEAR NORTH PRONG
OF NORTHEAST CREEK
DURHAM COUNTY. N.C.
12/16/86
FLOODWAY BOUNDARY
1
il - WETLAND BOUNDARY
?
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40
FEET
2.59 CUBIC YARDS
4.4 CUBIC YARDS
H. CROW CO., INC.

PICKTf SUITE HOTEL
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FIGURE 6 OF 7.'
MITIGATION AREAS
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United States Department of thf
FISH AND WILDLIFE SERVICE
Division of Ecological Servic
ii P.O. Box 25039
Raleigh, North Carolina 27611
Jani
Colonel Wayne A. Hanson
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
Dear Colonel Hanson:
1 11 CONFIRMATION COl V? !41 t
?
This document wa sLtto ou
via
Electronic 1 at Pm
From ES, FWS, Raleigh, N.C.
RECEIVED
FEB 00 1900
WATER QUALITY SECTION
OPERATIONS BRANCH
This is the report of the U.S. Fish and Wildlife Service on Public
Notice SAWC086-N-032-0090 dated December 30, 1985 and the
accompanying mitigation plan prepared by J.H. Crow Company, Inc.,
dated December 1985. The applicant, CMD Southeast, Incorporated,
proposes to place fill material in palustrine, forested wetlands
contiguous with the North Prong of Northeast Creek near Research
Triangle Park in Durham County, North Carolina. This report is
prepared in accordance with the requirements of the Fish and
Wildlife Coordination Act (16 U.S.C. 661-667e) and is to be used in
your public interest review (33 CFR 320.4) as it relates to
protection of fish and wildlife resources.
Biologists from the FWS and the N.C. Wildlife Resources Commission
visited the site on January 22, 1986. Wetlands present at the site
include palustrine, forested and scrub-shrub, broad-leaved
deciduous, seasonally-flooded wetlands (bottomland hardwoods) and
palustrine, emergent, persistent, semipermanent ly-flooded wetlands
(freshwater marsh). Portions of the site vegetated by scrub-shrub
cover and emergent vegetation have been previously disturbed as a
consequence of clearing in conjunction with the establishment of
easements for two transmission corridors and a sewer line. Soils
within wetland portions of the site were saturated at the time of
the visit and surface water was present within the marsh and several
pools scattered throughout the bottomland hardwoods.
According to the Soil Survey of Durham County, North Carolina (U.S.
Soil Conservation Service, 1971) soils present within wetlands at
the site consist of Roanoke, Chewacla, Wehadkee and Congaree series.
The Wehadkee and Roanoke series are listed as hydric soils in
Hydric Soils of the United States 1985 (U.S. Department of
Agriculture, Soil Conservation Service, in cooperation with the
Natural Technical Committee for Hydric Soils, 1985). These same
soils are present within the area west and southwest of the Duke
Power Company transmission tower which is within the area designated
as uplands in the Public Notice. Contrary to the statement on page
13 of the proposed mitigation plan, the Chewacla, Roanoke and
Wehadkee soils are all classified as poorly or very poorly drained
soils (U.S.S.C.S. 1971).

I
46 Vegetation present at the site is described in the Environmental
Impact Report prepared by the applicant's consultant (J.H. Crow
Company, Inc., 1985). Additional species were observed at the site
by FWS and WRC biologists. Uplands present at the site are
characterized by second growth, mixed hardwood-pine stands composed
of the species listed in Crow (1985) with two exceptions. Although
Crow (1985) lists Atlantic white cedar (Chamaecyparis thyoides)
and longleaf pine (Pinus palustris, not australis) as
"characteristic" upland species at the site, Radford et al. (1968;
Manual of the Vascular Flora of the Carolinas) lists neither species
as occuring in Durham County or in any adjacent counties. Although
FWS and WRC biologists spent little time assessing upland vegetation
present, we observed neither species in wetland areas, and it
appears probable that the species actually present are red cedar
(Juniperus virginiana) and loblolly pine (Pinus taeda).
Forested wetlands vegetation on the site includes the following
species: American elm (Ulmus americana), a facultative wet
species; green ash (Fraxinus pennsylvanica), facultative wet;
ironwood (Carpinus caroliniana), facultative; river birch
(Betula nigra)r, obligate; shagbark hickory (Car a ovata),
facultative upland; black gum (Nyssa sylvatica), facultative;
sweetgum (Liquidambar styraciflua), facultative wet; loblolly
pine (Pinus taeda), facultative; overcup oak ( uercus
lyrata), obligate; red maple (Acer rubrum), facultative; tulip
poplar (Liriodendron tulipfera), facultative; and willow oak
( uercus phellos), facultative wet. A particularly large
specimen of willow oak, approximately three feet in diameter, is
located onsite within the bottomland hardwoods between uplands and
the applicant's proposed roadway through wetlands. Although the
applicants' consultant identified the red-osier dogwood (Corpus
stolonifera) as a "common". species within the upland /wetland
transition zone, personnel of the N.C. Natural Heritage Program
advised FWS that it has not been recorded previously from within
North Carolina. It is likely that the species in question is either
red dogwood (Corpus amomum) or swamp dogwood (Corpus
foemina), both of which are known from Durham County in similar
habitats. Both are facultative wet species.
Shrub, understory and emergent vegetation present within wetland
areas include: greenbrier (Similar spp.), variable depending upon
species; hawthorn (Crataegus sp. ) at least facultative, but no
drier depending upon species; cattail (Typha sp.), obligate;
needlerush (probably Juncus effusus), facultative wet; poison
ivy (Rhus radicans), unlisted; and unidentified grasses and
sedges. Needlerush and cattail were observed only in the freshwater
marsh which is present in a disturbed area west of the transmission
tower.
The FWS concurs with the majority of the wetlands delineation
jointly performed by personnel from the Corps and J.H. Crow Company,
Inc. We are concerned, however, that the freshwater marsh and
disturbed bottomland hardwood area which are within the area
depicted as upland to the north, west and southwest of the
transmission line tower illustrated in Figure 5 (Figure 3 of the
Public Notice) were not included within the wetland boundary. These
??-,-,
a areas clearly are hydrologically connected to adjacent wetlands
through both surface and groundwater flow, as evidenced by bent
vegetation and water marks on trees, and are underlain by the same
s o i l series. We have attached a copy of Figure 5, indicating in red
those areas we believe should be included within wetlands
jurisdictional limits (Attachment 1).
Wildlife species present at the site, based on track observations,
include rabbit (Sylvi1agus sp. ) and white-tailed deer
(Odocoileus virginianus). We concur with the list of vertebrate
species presented in Crow (1985) which potentially use the site. It
should be noted, however, that a majority of the bird specie s 1 i s t e d
as "non-migratory" are in fact, migratory. Furthermore, contrary to
the statement that numbers of animals found on the site would be low
because of the small area the site encompasses, amphibian density in
such areas can be high because they require relatively small home
ranges. Animals residing on adjacent uplands may also depend on the
wetland areas for breeding sites.
Palustrine forested wetlands, such as those at the project site, are
of high value to,fish and wildlife. Areas such as this exhibit high
floral and faunal diversity. They provide important sites for
feeding, cover, travel, roosting, spawning and/or nesting. They
also contribute usable nutrients in the form of detritus (decayed
organic matter) to downstream aquatic systems, perform a water
quality function through uptake of dissolved nutrients and
pollutants, and dampen effects of flooding by storing and slowly
releasing flood waters.
The area may support National Species of Special Emphasis which are
considered by the FWS to be of high biological and public interest
value (Federal Register, Volume 48, No.237, December 8, 1983).
These are the American woodcock, wood duck, black duck, mallard and
mourning dove.
According to the Service's Mitigation Policy (Federal Register,
Vol. 46, No. 15, January 23, 1981), the palustrine, forested
wetlands riparian forests present at the project site are considered
to be Resource Category 2, i.e., habitat of high value for
evaluation species, and are relatively scarce or becoming scarce on
a national basis or in the ecoregion. The Service's Mitigation
Policy for this resource category calls for no net loss of in-kind
habitat value. After minimizing losses of such habitats, the
unavoidable losses should be replaced with similar habitat values so
that populations of the species associated with the habitats will
remain relatively stable in the area over time. Specific ways to
achieve this include: 1) physical modification of repplacement
habitat to convert it to the same type lost; 2) restoration or
rehabilitation of previously altered habitat; 3) increased
management of similar replacement habitat so that the inkind value
of the lost habitat is replaced; 4) a combination of measures.
In accordance with the Endangered Species Act of 1973, as amended,
it is the responsibility of the appropriate Federal regulatory
agency to review its activities or programs and to identify any such
activity or program that may affect endangered or threatened species

or their habitat. If it is determined that this proposed activity
may affect any species listed as endangered or threatened, formal
consultation with the Fish and Wildlife Service's Endangered Species
Field Office in Asheville, North Carolina, must be initiated. If
this project is determined to be a major Federal action, having
significant impact on the human environment and requiring an
environmental impact statement, you should formally request from the
Asheville, North Carolina Office a list of endangered and threatened
species which may occur within the impact area of this project.
Requests for species consultation should be directed to the
Endangered Species Field Supervisor, Endangered Species Field
Office, U.S. Fish and Wildlife Service, 100 Otis Street, Room 224,
Asheville, North Carolina 28801.
The applicant proposes to construct the Pickett Suite Hotel upon
most of the upland portions of the site. The proposed plans call
for construction of a 279-foot-long, 55-foot-wide access roadway
through bottomland hardwoods wetlands. The proposed roadway would
isolate a pocket of forested wetlands south of Meridian Parkway and
west of the proposed causeway; however, the applicant proposes to
provide three 367inch culverts to maintain hydrological exchange
between this wetland area and those east of the proposed causeway.
Additional areas of fill are proposed to facilitate construction of
parking facilities required for the proposed hotel. Further filling
for a tennis court and parking is proposed in the freshwater marsh
and disturbed bottomland hardwoods which lie within the upland
boundary, as noted above. Total fill proposed in areas determined
to be within the Corps' 404 Wetland jurisdiction is aproximately
5,477 cubic yards over approximately 0.6 acre of wetlands. The
additional area filled for the tennis court and adjacent parking
would require approximately 0.2 acre of additional wetland area.
The project would also increase non-point source pollutant levels in
the adjacent wetlands and in Northeast Creek by routing all parking
lot runoff into wetland areas. To summarize, the proposed project
would result in: The direct loss of approximately 0.8 acre of
palustrine, forested and emergent wetlands; the conversion to urban
habitat of an unspecified acreage of upland forest; the
fragmentation and subsequent isolation of a portion of the
bottomland hardwoods; and a decrease in water quality within the
adjacent wetlands and Northeast Creek.
The applicant proposes to mitigate the impacts to the wetland
portions of the site by: restoring flows to and from wetland areas
upgradient from the existing sewerline; planting native wetland
vegeation on the edges of fill slopes; creating shallow depressions
in the disturbed sewerline and powerline right-of-ways to serve as
seasonal pond habitats; and, planting created depressions and
adjacent areas with onsite wetland vegetation. The applicants'
commitment to provide mitigation is commendable, and the measures
proposed are acceptable means of ameliorating habitat value losses
to some degree. The mitigation analyses performed by the
applicants' consultant, however, is inadequate for a number of
reasons, and our specific comments on the proposed mitigation plan
are provided in Attachment 2. We would appreciate it greatly if in
the future the Corps encouraged the applicants to consult with
Federal review agencies prior to preparing habitat assessments.
r i
The FWS believes that the proposed work, if permitted, would be
contrary to provisions of,the U.S. Environmental Protection Agency's
404(b)(1) Guidelines for Specifications of Disposal Sites for
Dredged or Fill Material (Federal Register, Volume 45, No. 249,
December 24, 1980) which prohibit wetland filling for non-water
dependent activities when a practicable alternative exists. The
proposed activity is clearly non-water dependent. Further, even
though there are restraints placed upon the applicant by the City of
Durham in regard to access and setback limitations, the FWS believes
that sufficient upland is present onsite to accommodate the proposed
development with some reduction in scale. By copy of this report,
the FWS is advising the N.C. Division of Environmental Management
that we recommend that a 401 Water Quality Certification not be
issued for the proposed project, as planned, due to the additional
incremental loss of water quality which will result from the
associated wetland loss and increased non-point source runoff.
Therefore, in order to effect fish and wildlife resource
conservation and to fulfill the public trust in this issue, the FWS
recommends than the permit be denied. Should you decide, however,
that issuance of a permit is in the public interest, the FWS would
be pleased to review revised project plans which incorporate the
following features:
(1) The proposed causeway through wetlands shall be deleted
from project plans and the applicant should consider either
bridging or relocation of the causeway (Attachment 3)
westward to a point along the wetland/upland edge in order
to reduce wetlands filling and eliminate further wetland
fragmentation;
(2) The proposed tennis court and nearby parking presently
proposed in the freshwater marsh and bottomland hardwoods
should be relocated to uplands.
(3) All parking lots proposed in wetlands shall be relcoated
to upland sites; and,
(4) A mitigation plan acceptable to the USFWS shall be provided
to offset any unavoidable wetland losses.
Failure to incorporate our views and recommendations will result in
the authorization of a project that is needlessly destructive of
fish and wildlife resources and, thus, contrary to the public
interest as determined by a variety of Federal statutes.
The FWS realizes that the proposed project involves a relatively
small tract of wetlands and that we have provided an unusually
detailed report. However, in view of the facts that the project is
non-water dependent, required the review of the applicants'
mitigation plan, is in a location where additional projects are
highly likely, and will therefore establish a precendent for
forthcoming projects, we believe our detailed review is warrented.

If necessary, I am ready to discuss these items with you, your
staff, the applicant and the applicants consultants. Please provide
this office copies of, any subsequent correspondence regarding this
project.
Sincerely yours,
L.K. (Mike) Gantt
Field Supervisor
i
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PICKETT SUITE HOTEL

EXIST,NO LAKE
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LAKE EASEMENT `

SANITARY SEWER EASEMENT
LAND
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'AR`, SEWER AND EASEMENT
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FIGURE 5 H. CROW CO. INC.
PROPOSED LAYOUT

Attachment 2.
1) The analysis considers only the affected wetland portions of the
tract and ignores the fact that upland wildlife habitat, within
which some species utilizing wetlands for breeding reside, will be
essentially eliminated.
2) The analysis evaluates only baseline and post-project
conditions, without specifying the time period required for the
presumed benefits of the mitigation measures to fully accrue.
3) The analysis assumes benefits from correcting "unnaturally
blocked" water flow within the wetlands but does not appear to take
into account the impact associated with restricting hydrological
exchange to three 36-inch culverts for an area which presently is
open to flow. There is also no substantiation that existing flow
patterns are unnaturally blocked.
4) The analysis assumes that the proposed fill causeway with
culverts will not impede animal access or water flow. The document
fails to provide supporting hydrological information to justify that
provision of three separate 3-foot openings within a 279-foot
earthen causeway across an area, which is presently unobstructed,
will not impede access and flow.
5) The assumption in the analysis that sufficient habitat remains
in surrounding areas to insure that "resident animals will suffer
very little, if any, impact" is naive and is totally unsupported
considering basic ecological principles. Given the extent of
development presently occurring within the area, surrounding
habitat, especially upland areas, may soon be converted to urban
uses. Further, even if one were to assume that sufficient natural
habitat would remain, the likelihood is that displaced resident
animals would be unable to locate new home ranges or displace
current residents from existing ones.
6) The assumption that banks of filled areas will serve as
ov erwinte ring areas for amphibians and reptiles may be valid; we are
not aware of any substantiating data, however. We also do not
believe that the small amount of bank habitat created by the
applicant will compensate for the loss of most of the onsite upland
habitat which probably now serves in that capacity.
7) It is misleading
assessment of habitat
The assessment is qualit
one's interpretation
establish habitat values
to describe Table 4 as a quantitative
value changes from pre- to post-construction.
ative as well as subjective, depending upon
of the qualitative criteria employed to
within each cover type.
8) The conclusion of the analysis that post-construction habitat
values are expected to be better that pre-construction, given no
dramatic increase in area, is not justified in the mitigation plan.
The FWS seriously questions the assertions that habitat values
within the non-wetland areas to be altered for mitigation will
increase by 399 percent and 2,281 percent, respectively, especially
sine the document does not qualify what assumptions were made in
this analysis.

9) Although the applicant proposes to reduce the net wetlands loss
by creating 10,000 square.feet of wetland within non-wetland areas,
the FWS Mitigation Policy requires in-kind mitigation for Resource
Category 2 Wetlands. Therefore, created wetlands must be bottomland
hardwoods, although that does not preclude the creation of seasonal
ponds within such areas.
10) The applicant's consultant stipulates that mitigated wetlands
will be "protected" and "managed"; however, no indication is
provided as to how this will be accomplished other than a commitment
to monitor construction activities and to "fine tune" newly created
wetlands. Additional details are needed to clarify these
statements.
if

PICKETT SUITE HOTEL

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EXISTING LAKE
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FIGURE 5
PROPOSED LAYOUT
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I SANITARY SEWER EASEMENT
l #? LAND
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;F?AV BOUNDARY
PpalE?
Iai-WETLAND BOUNDARY
MTARV SEWER AND EASEMENT
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J. H. CROW CO., INC.
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