20190143 Ver 1_PCN Form Submission_20190129

DWR
MOM— of Water Resources
Site Coordinates
Latitude: Longitude:
35.874299 -79.095777
FA. Processing Information u
County (or Counties) where the project is located:
Orange
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance
in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Oiange only if needed.
BIMS # Assigned *
Version#*
20190143
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - [phone]
Stephanie Goss:eads\szgoss
Information for Initial Review
1a. Name of project:
The Lodges at Chapel Hill
1a. Who is the Primary Contact?*
Thomas Perdue
1b. Primary Contact Email:*
1c. Primary Contact Phone:*
[e-mail]
[phone]
Date Submitted
1/29/2019
Nearest Body of Water
West Price Creek
Basin
Cape Fear
Water Classification
WS-II;HQW,NSW,CA
Site Coordinates
Latitude: Longitude:
35.874299 -79.095777
FA. Processing Information u
County (or Counties) where the project is located:
Orange
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
Wetland Impact Acceptance Letter.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r^ Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
FB, Applicant Information
39.58KB
r Yes r No
r Yes r No
1d. Who is applying for the permit?
F- Owner W Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r^ Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Broyhill Wiles Building and Developing Inc
2b. Deed book and page no.:
DB 6500, PG 353
2c. Responsible party:
Kent Wiles
2d. Address
Street Address
3808 Dunsinane Drive
Address line 2
Qty
State / F}wirxe / Fbgim
Durham
North Carolina
Fbstal / Zip Cade
Country
27707
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Thomas Perdue

3b. Business Name:
MacConnell & Associates, PC
3c. Address
Street Address
1101 Nowell Road
Address Lim 2
Suite 118
city
Raleigh
Fbstal / Zip Cade
27607
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
The Lodges at Chapel Hill
1c. Nearest municipality/ town:
Chapel Hill
2. Project Identification
2a. Property Identification Number:
9777110563 and 9777029266
2c. Project Address
Street Address
Damascus Church Road
Address Line 2
CRY
Chapel Hill
Postal / Zip Code
27516
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
West Price Creek
3b. Water Resources Classification of nearest receiving water:*
WS-II;HQW,NSW,CA
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12 -digit HUC in which the project is located.
030300020606
4. Project Description and History
State / Firwince / Fegion
North Carolina
Oxmtry
USA
3e. Fax Number:
2b. Property size:
42.97
State / Fiwirre / Region
North Carolina
Qbuntry
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is currently raw, wooded land in a residential area with West Price Creek flowing through the northern portion of the site.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
SAW -2007-00939
Project History Upload
Project History. pdf
211.45KB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Topo Map.pdf 119.76KB

4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soils Map.pdf 682.22KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.47
4g. List the total estimated linear feet of all existing streams on the property:
60
4h. Explain the purpose of the proposed project:*
The project proposes to cross West Branch Price Creek with an aluminum box culvert to enter into the planned neighborhood. Approximately 0.12 acres of wetland will be impacted due
to the construction of the road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will include clearing existing wooded areas for the installation of a private road for the proposed neighborhood. The project proposes to use a 23' by 6'1" aluminum box
culvert to cross West Branch Price Creek to enter the neighborhood. Placement of fill dirt and grading will be conducted.
4j. Please upload project drawings for the proposed project.
CLOMR Submittal - The Lodges at Chapel Hill - 10.06.2017.pdf 14.19MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW -2007-00939
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Julie Peale and Jeff Vaughan
Agency/Consultant Company: Agri -Waste Technology, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
According to the 2007 PCN submittal, USACOE visited the site on December 28, 2006 to inspect the wetland determination made by Agri -Waste Technology, Inc.
5d1. Jurisdictional determination upload
Wetland Determination. pdf 708.03KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
P Wetlands r Streams -tributaries
r Buffers
r Open Waters FF_ Pond Construction
2. Wetland Impacts
a. Site #* (') 2a1 Reason M 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* ��2fFType of 2g. Impact
Jurisdicition*(?) area*
Culvert placement JP Riverine Swamp Forest PFO2Ch Yes Both 0.120
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.120
2g. Total Wetland Impact
0.120

2h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The development will take the low impact approach. Minimal grading and clearing Will be performed. Impervious area will be minimized and meet low
impact development standards.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Only areas that are graded for the road and proposed house footprints will be cleared.
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?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
F DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
F- Mitigation bank W Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(bear feet)
60
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
Warm
4e. Riparian wetland mitigation requested:
(acres)
0.12
4g. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
W Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30% nitrogen
F Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information

1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r' Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15ANCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This project is proposing to cross a stream to a landlocked 12 -lot residential neighborhood
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r- No r N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
The planned neighborhood will have on-site septic systems with subsurface discharge.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r- Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r- No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r- No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Consultation with the US FWS.
Consultation Documentation Upload
ESA Documentation.pdf 3.05MB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Essential Fish Habitat (EFH) Mapper - Habitat Conservation - NOAA
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 status?*
r Yes r No

7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
North Carolina State Historic Preservation Office GIS website: http://gis.ncdcr.gov/hpoweb/
7c. Historic or Prehistoric Information Upload
Historic Preservation Map.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
CLOMR has been submitted and approved by FEMA.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center Website
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
W By checking the box and signing below, I certify that:
380.07KB
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Thomas Perdue
Signature
Date
1/29/2019
u

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO. PARCELID: 9777029266 and 9777110563
STREET ADDRESS:
Please print:
Property Owner: Broyhill Wiles Building and Developing, Inc.
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
Thomas Perdue of _ MacConnell & Associates, PC
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
3808 Dunsinane Drive, Durham, NC 27707
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
uthorized Signat a Authorized Signature
� �
Date: ! f� r q
Date:
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The Lodges at Chapel Hill
Project History
This project has been on-going for numerous years. The original design, prepared by Agri -Waste
Technology, Inc., included the use of three culverts in the wetland area to cross West Price Creek for the
entrance road to the proposed neighborhood The Lodges at Chapel Hill. The project was placed on hold
for a period of time before McKim & Creed became the consultant and redesigned the entrance road to
have a 23'x6'1" aluminum box culvert to cross West Price Creek. The project was placed on hold yet again
and in 2016 MacConnell & Associates became the consultant and continued with McKim & Creed's design
of the 23'x6'1" aluminum box culvert to cross West Price Creek. As of December 2018, the stream crossing
has been designed and a CLOMR has been accepted by the Army Corp of Engineers. Currently, the site is
raw, wooded land in a low density residential area.

671400
35° 52' 37" N
35° 52'5" N
671400 671500 671600 671700 671800
3
Map Scale: 1:4,760 if printed on A portrait (8.5" x 11") sheet.
it Meters
N
0 50 100 200 300
Feet
0 200 400 800 1200
Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: LTM Zone 17N WGS84
UsDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
Soil Map—Orange County, North Carolina
671500 671600 671700 671800
671900
672000
35° 52'37'N
671900 672000
35° 575" N
3
Do
12/11/2018
Page 1 of 3

MAP LEGEND
Area of Interest (AOI)
0
Area of Interest (AOI)
Soils
0
Soil Map Unit Polygons
rwr
Soil Map Unit Lines
0
Soil Map Unit Points
Special
Point Features
Vo
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
.14
Gravelly Spot
0
Landfill
Lava Flow
Marsh or swamp
+
Mine or Quarry
Water Features
Miscellaneous Water
Perennial Water
Streams and Canals
Rock Outcrop
Saline Spot
4
Sandy Spot
Severely Eroded Spot
Sinkhole
Source of Map: Natural Resources Conservation Service
Slide or Slip
oa
Sodic Spot
Soil Map—Orange County, North Carolina
MAP INFORMATION
USDA Natural Resources Web Soil Survey 12/11/2018
Conservation Service National Cooperative Soil Survey Page 2 of 3
Spoil Area
The soil surveys that comprise your AOI were mapped at
1:20,000.
Stony Spot
Very Stony Spot
Warning: Soil Map may not be valid at this scale.
Wet Spot
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
Other
line placement. The maps do not show the small areas of
.-
Special Line Features
contrasting soils that could have been shown at a more detailed
scale.
Water Features
Streams and Canals
Please rely on the bar scale on each map sheet for map
measurements.
Transportation
Rails
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
rwr
Interstate Highways
Coordinate System: Web Mercator (EPSG:3857)
US Routes
Maps from the Web Soil Survey are based on the Web Mercator
L
Major Roads
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Local Roads
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
Background
.
Aerial Photography
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Orange County, North Carolina
Survey Area Data: Version 18, Sep 10, 2018
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Jun 15, 2015—Dec 9,
2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
USDA Natural Resources Web Soil Survey 12/11/2018
Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map—Orange County, North Carolina
Map Unit Legend
USDA Natural Resources Web Soil Survey 12/11/2018
Conservation Service National Cooperative Soil Survey Page 3 of 3
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
ApB
ApC
Appling sandy loam, 2 to 6
percent slopes
2.5
26.8
6.4%
68.4%
Appling sandy loam, 6 to 10
percent slopes
Ch
Chewacla loam, 0 to 2 percent
slopes, frequently flooded
0.0
0.1%
LoF
Louisburg (Wateree) sandy
loam, 15 to 45 percent
slopes
9.8
25.2%
Totals for Area of Interest
39.1
100.0%
USDA Natural Resources Web Soil Survey 12/11/2018
Conservation Service National Cooperative Soil Survey Page 3 of 3

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Kent Wiles
3018 Sutler Glen Drive
Chapel Hill, NC 27516
y o stem
i iainrlenient-
PROGRAM
January 23, 2007
Project: Damascus Church Road County: Orange
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project, Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
PermiV401 CertificationlCAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be
issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work.
The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies
listed at www.nceep.net,
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Cape Fear Stream (feet) Wetlands (acres)
03030002
Buffer I Buffer II
(5q. Ft.) (Sq. Ft.)
Cold
Cool
Warm Riparian Non -Riparian
Coastal Marsh
Impacts 0
0
65 0.17 0
0
0 0
Credits 0
0
130 0.34 0
0
0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S, Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
Wil ' D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/40I Unit
John Thomas, USACE-Raleigh
Ian McMillan, DWQ-Raleigh
Julie Peele, agent (email)
File
RutDr�PtG Our rtGtw
;VA
FCDER
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-44761 www.nceep.net

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
January 20, 2017
Thomas Perdue
MacConnell & Associates, PC
1903 N. Harrison Ave, Ste. 101
Cary, NC 27513
Re: CLOMR- Installation of Culvert for Stream Crossing— Orange County, NC
Dear Mr. Perdue:
This letter is to inform you that a list of all federally -protected endangered and threatened species
with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife
Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that
occur within the Raleigh Field Office's area of responsibility (see attached county list), you no
longer need to contact the Raleigh Field Office for a list of federally -protected species.
Our web page contains a complete and frequently updated list of all endangered and threatened
species protected by the provisions of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.)(Act), and a list of federal species of concern, that are known to occur in
each county in North Carolina.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
I The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above-referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally-listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down-gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
4

We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
V
amin
ervisor

List of Counties in the Service's Raleigh Field Office Area of Responsibility
Alamance
Beaufort
Bertie
Bladen
Brunswick
Camden
Carteret
Caswell
Chatham
Chowan
Columbus
Craven
Cumberland
Currituck
Dare
Duplin
Durham
Edgecombe
Franklin
Gates
Granville
Greene
Guilford
Halifax
Harnett
Hertford
Hoke
Hyde
Johnston
Jones
Lee
Lenoir
Martin
Montgomery
Moore
Nash
New Hanover
Northampton
Onslow
Orange
Pamlico
Pasquotank
Pender
4
Perquimans
Person
Pitt
Randolph
Richmond
Robeson
Rockingham
Sampson
Scotland
Tyrrell
Vance
Wake
Warren
Washington
Wayne
Wilson

Thomas Perdue
From: Hammond, John <[e-mail]>
Sent: Monday, January 23, 2017 2:31 PM
To: Thomas Perdue
Subject: Re: FW: Threatened/Endangered Species/Habitat Inquiry - Orange County NC
Attachments: 20170120
_MacConnell&Associates_CLOMRInstallationofCulvertforStreamCrossingLTR.pdf
Hi Mr. Perdue,
Mr. John Ellis of our office prepared the Fish and Wildlife Service's response to your request. The attachment
is the electronic copy of our response.
Our point of contact is Mr. John Ellis telephone [phone] extension 26/ email: [e-mail].
Thanks,
John Hammond
On Mon, Jan 23, 2017 at 2:14 PM, Thomas Perdue <[e-mail]> wrote:
Mr. Hammond,
I wanted to follow up with you regarding a Threatenend/Endangered Species/Habitat Inquiry for a site in
Orange County, NC. Mr. Wilson Laney stated that you would be able to point me in the right direction.
MacConnell & Associates has been contracted by Broyhill Wiles Inc. to submit a Conditional Letter of Map
Revision (CLOMR) to FEMA regarding the installation of a culvert for a stream crossing into a proposed
residential neighborhood. As part of the CLOMR submission, ESA compliance documentation is
required. Does the US or NC FWS have any concerns regarding threatened or endangered species/habitats in
the following area?
Approximately 1,200 feet south of Damascus Church Road and 4,700 feet west of the Damascus Church Road
and Smith Level Road intersection where West Price Creek meets Price Creek, Southwest of Chapel Hill in
Orange County, NC.
Thanks,

Thomas A. Perdue, PE
Project Engineer
MacConnell & Associates, PC
[e-mail]
Office [phone] 1 Mobile [phone]
From: Wilson Laney [mailto:wilsonlaney@fws. _og_v]
Sent: Wednesday, December 21, 2016 9:55 AM
To: Thomas Perdue <[e-mail]>; [e-mail]
Cc: Tom Au sg purger@fws._og_v; PeteBenjamin@fws._og_v
Subject: RE: Threatened/Endangered Species/Habitat Inquiry - Orange County NC
Mr. Perdue,
I am forwarding your inquiry to our Endangered Species Coordinator who will be able to process your
request. I typically do not handle inquiries such as yours. They are handled by staff of the Raleigh, NC,
Ecological Services Field Office who conduct Endangered Species Act, Section 7 consultation. Mr. John
Hammond is our Endangered Species Coordinator, and should able to advise you how to proceed.
John,
FYI and response.
Tom,
FYI.
/s/ Wilson

From: Thomas Perdue [mai lto:[e-mail]]
Sent: Tuesday, December 20, 2016 3:27 PM
To: wilson laney(WWs.gov
Subject: Threatened/Endangered Species/Habitat Inquiry - Orange County NC
MacConnell & Associates has been contracted by Broyhill Wiles Inc. to submit a Conditional Letter of Map
Revision (CLOMR) to FEMA regarding the installation of a culvert for a stream crossing into a proposed
residential neighborhood. As part of the CLOMR submission, ESA compliance documentation is required (see
attached). Does the US or NC FWS have any concerns regarding threatened or endangered species/habitats in
the following area?
Approximately 1,200 feet south of Damascus Church Road and 4,700 feet west of the Damascus Church Road
and Smith Level Road intersection where West Price Creek meets Price Creek, Southwest of Chapel Hill in
Orange County, NC.
Also, see.. https://www.fema.gov/media-library-data/1464181950854-
44f 1887f 1515781 ad7dbe7dff9aa3f6b/RiskMAPFactSheetESA.pdf
Thanks,
Thomas A. Perdue, PE
Project Engineer
MacConnell & Associates, PC
[e-mail]
Office [phone] 1 Mobile [phone]
John S. Hammond
U. S. Fish and Wildlife Service

Fish and Wildlife Biologist
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919-856-4520 extension 28 (phone)
919-856-4556(fax)
john hammond @ fws. _ og_v
http://www.fws.jzov/raleiRh/
NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of
Information Act (FOIA) and may be disclosed to third parties.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID(s): SAW -2007-939-268 County: Orange
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Kent Wiles
Mailing Address: 3018 Butler Glen Drive
Chapel Hill, NC 27516
Telephone No.: 919-370-7980
Location of property (road name/number, town, etc.): Approximately 1 mile southwest of the Smith Level Road and
Damascus Church Road intersection in Orange County, North Carolina.
Site Coordinates: 35.87430°N 79.09578°W USGS Quad: Farrington
Waterway: West Branch Price Creek River Basin: Cape Fear HUC: 03030002
Description of projects area and activity (see page 2 for a summary of authorized impacts): Discharge of clean fill material
including 3 culverts for the construction of an residential development access road. The project must be conducted in
accordance with the drawings submitted on 07 February 2007 and the cross section drawing submitted on 09 March
2007. This verification is extended to March 18, 2007.
Applicable Law: E Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and
your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the
relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified
below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his
discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should
contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or
local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Andrew Williams at telephone [phone], eat 26.
Corps Regulatory Official i,�'i �Ka Date: 12 March 2007 v erincation Expiration Date: 18 March 2007
Copy Furnished: Ms. Julie Peele
Agri -Waste Technology, Inc.
5400 Etta Burke Court
Raleigh, NC 27606

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference
33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
C. ® There are waters of the US and/or wetlands within 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on
Basis of Jurisdictional Determination: The project is located within the West Branch of Price Creek and wetlands contiguous with the West
Branch of Price Creek, The West Branch of Price Creek is a tributary to Price Creek, which flows to University Lake. University Lake flows
to Morgan Creek, a tributary to B. Everett Jordan Lake, which flows to the Haw River. The Haw River is a tributary of the Cape Fear River,
a navigable water of the United States.
Corps Regulatory Official 14wl r 44'"— Date: 12 March 2007 Determination Expiration Date: 12 March 2012
Summary of Authorized Imuacts and Reauired Mitieation
Action ID NWP / GP Open Water ac Wetland ac Unimportant Steam Important Stream 1
# # Temporary Permanent Temporary I Permanent Temporary Permanent Temporary Permanent
39
0.12
60
Impact Totals 0
0 0 0.12 0 0 0
60
Total Loss of Waters of the U.S.
ac 0.12 Total Loss of Waters of the U.S. 1
60
Required Wetland Mitigation ac
In-Lieu/EEP Required Stream Mition
Additional Remarks and/or Special Permit Conditions: As compensatory mitigation, the applicant will provide payment to
the North Carolina Ecosystem Enhancement Program (EEP) for 0.24 acre of Riparian Wetlands. Payment must he
made prior to conducting the authorized work.
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 (RPA) form. If you request to appeal this determination you must submit a completed RFA
from to the South Atlantic Division, Division Office at the following address:
Mr. Michael Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
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, if must be received at the above address by IR M4y a o 07
** It is not necessary to submit an RFA form to the Division Engineer if you do not object to the determination in this correspondence.**

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site;___L
Applicant / Owner:,
Investigator: {
Date:
County: r0i_
State: N c.
Do normal circumstances exist on the site? Yes -V/ No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No ✓ Transect ID:_
Is the area a potential problem area? Yes Now Plot ID:
(explain on,reverse If needed)
VEGETATION
0-0-MInant Plant
Saecles Stratum Indicator
Dominant Plant Soecles Stratum Indicator
u5
1._.J2ej
GV 'n 2£I�, act
9.
2. F%rh lorar
l • e{ye Cv nusbetuivs 1 ac
10.
3. illiCtliSkioc
yn^^Ev1al'i, 3g°!° flac+
11.
4.
,m.^tw
12..
5.
8
13.
6.
Secondary Indicators:
14..
7.
Depth to Saturated Soil:
15.
$•
Other (Bxplaln In Remarks)
16.
Percent of Dominant Species that are .OBL, FACW, or FAC excluding FAG). _
Remarks:
Wetland Vegetation Present Based Upon Greater than 54% of the Plant Species are/are not
Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken...
HYDROLOGY
Recorded Data (Describe In Remarks):
Wetland Hydrology Indicators
AL Stream, Lake, or Tide Gauge
._„_,. Aerial Photographs
Primary indicators:
— Other
V Inundated
saturated In Upper 12"
No Recorded Data Available
Water Marks
�[ Drift Lines
Field Observatlons:
_� Sediment Deposits
8
%c Drainage Patterns in Wetlands
Depth of Surface Water: (fn.)
Secondary Indicators:
Depth to Free Water In Pit: g (in.)
— Oxidized Roots channels in Upper 1211
— WaterStalned Leaves
Depth to Saturated Soil:
Local Soil Survey Data_(In.) _ FAC -Neutral Test
Other (Bxplaln In Remarks)
Remarks:

SOILS
Map Unit Name 1�
(Series and Phase): `i 4 tit' 6mfourrm Dralnage Class:__.yJAt{,,v J
C1Ait kaoi'�n � 1 l cr rr1 . p.g kq�lv�(vj+S
Taxonomy (Subgroup):G;urtc,-�W , Ln,iY e.�� �,,,,� Confirm Mapped Type? Yes No
u 4 1, rjX
ro I escrl lion,
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
Inch orizon [Munse(l Moist) Munsell lst AbundauR2(ntrast stMeture, etc.
o t o'I P_ sl. I,-
Hydric Soil indicators:
HIstosol _ Concretions
Histic Eplpedon ,_ j_/High Organic Content In Surface Layer in Sandy Solis
Suifidic Odor Organic Streaking In Sandy Solis
Aquic Moisture Regime —Listed On Local Hydric Solis List
Reducing Conditions _Listed on National Hydric Solis List
_y Gleyed or Low-Chroma Colors Other (Explain In Remarks)
Remarks:
poi i uo rr l,; i4� G h e, wee Ll e—
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ✓ NoIs the Sampling Point
Wetland. HydrologyPresent? Yes _7 No Within a Wetland? Yes ✓ No
Hydric Solis Present? Yes ✓ No
Remarks: Location (describe) is/is not classified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers. Wetlands Delineation Manual.

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project/ Site: DvmQscuS � 1
Applicant / Owner: W I
Investigator:
Date:
County: 0►��Crat_
State: IV r
dam_
Do normal circumstances exist on the site? Ye r. No
Is the site significantly disturbed (Atypical situation)? Yes No ✓
Is the area a potential problem area? Yes - Nom
(explain on reverse If needed)
Community ID:
Transect ID:
Plot ID:
VEGETATION
Dominant Plant Soecies 5tratum Indl catpr
Dominant Plant Speciesto
dam_
1. i U ) . 3oEa _ 6 L
9.
Primary Indicators:
2. ,nv5 7hy cr _,= rAc-
10.
3. 1—; 4rof t LV 8dr—f-
11.
_ Water Marks
o
4•
12..
Field Observations:
5.
13,
Secondary indicators:
6.
14.
7.
15.
_ Local Soil Survey Data
$
16.
Percent of Dominant Species that are .OBL, FACW, or FAC excluding_ FAC-),
/c
Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Spocic
ar are not
Classified as FAC-OBL in the National List of PIant Species that Occur in Wetlands. Sampi
plot was taken...
HYDROLOGY
Recon ed Data (Describe in Remarks):
Wetland Hydrology indicators
Stream, Lake, or Tide Gauge
Aerial Photographs
Primary Indicators:
_ Other
_ Inundated
✓ Saturated in Upper 12"
No Recorded Data Available
_ Water Marks
_ Drift Lines
Field Observations:
✓ Sediment Deposits
✓ Drainage Patterns In Wetlands
p
Depth of Surface Water: a (ia)
Secondary indicators:
g'
Depth to Free Water in Pit: (in.)
_ Oxidized Roots Channels in Upper 12"
_ Water -Stained Leaves
_ Local Soil Survey Data
Depth to Saturated Soft: (in.}
— FAC -Neutral Test
Other (Explain in Remarks)
Remarks:

6�,j 4z p -<- n�-w -to U-.-
SOILS
Map Unit Name �I' {re�v`sb.' � w�
(Series Phase): ` ' n,fr�t �th e c `type. Ha lvdalh
lkael
and rx�t erM,� R• hr- Drainage Class: prf;� owl
V 14-1 c Py s i-YaGt rr5
Taxonomy (Subgroup):
Confirm Mapped Type? Yes_ No
Profile Description:
Depth Matrix Colors
icesHorizon (Munsell Molstl
Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Structure, etc,
212 /`
&Lw_Idy
d
z� --
d
o P_ 2 _1 7
Hydric Soil Indicators:
_ Hlstosol
— His tic Eplpedon
Concretions
: High Organic Content In Surface Layer In Sandy Soils
Suifidic Odor
i' Aquic Moisture Regime
_Organic Streaking in Sandy Solis
Listed On Local Hydrlc Solis List
✓ Reducing Conditions _Listed on National Hydric Soils Ust
✓ Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
/
WETLAND DETERMINATION
Hydrophytic Vegetatlon Present?
Yes -I,—/ No _ is the Sampling Point
Wetland. Hydrology Present?
Hydric Soils Present?
YesNo Within a Wetland? Yes ✓ No T
4
Yes No
Remarks: Location (describe is not classified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers Wetlands Delineation Manual.
It Ut��-
Q
Jf�r�
6�,j 4z p -<- n�-w -to U-.-