Planning Board - 110420 Attachment 1

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9 NELSON MULLINS RILEY & SCARBOROUGH LLP For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. SECTION 1-5 ENVIRONMENTAL ASSESSMENT An Orange County Environmental Assessment (EA) was completed and submitted to the Orange County Planning Department on August 7, 2020 and is attached (Exhibit F). Based on the findings of the EA, it is assumed that an Environmental Impact Statement will not be necessary for the proposed project. Below is a summary of the findings. The proposed project site is composed of 127.5 acres (to include offsite area) of undeveloped land that is zoned “O/RM” and primarily used a s cattle pasture. The site ranges in elevation from 625 feet above MSL to 675 above MSL. Slopes within the property are predominantly less than 15% grade. Kimley-Horn staff conducted wetland and stream delineations within the site in June 2020 and identified three streams, six wetlands, and four ponds. In addition, Neuse River Basin Riparian Buffers and Orange County Stream Buffers are present within the site. A Jurisdictional Determination will be submitted to the US Army Corps of Engineers (USACE) prior to development in order to determine which streams, wetlands, and ponds are subject to protection under the Clean Water Act. If warranted, a Neuse River Basin Buffer Surface Water Identification Request will be submitted to the Orange County Planning and Inspection Department prior to development in order to determine which streams are subject to the Neuse River Riparian Buffer Rules. No FEMA regulated floodways or floodplains were identified within the site. A review of state and federal databases revealed there are no known Natural Resources, Cultural Resources, or Federally Protected species occurrences within the Site. The proposed project does not involve the mining of earth products, the generation or storage of hazardous or toxic wastes, land application treatment of wastewater, septic storage of waste, or sludge disposal. Water will be provided to the development by proposed improvements to the existing connection from adjacent Orange-Alamance Water Systems waterlines. The proposed project will require minimal impacts to the streams, wetlands, ponds, and Neuse River riparian buffer zones within the site. The project proposes to impact 114 linear feet of streams, 0.17 acre of wetlands, and 0.06 acre of ponds. In addition, the project proposes 9,676 square feet (SF) of Neuse Buffer Zone 1, 7,644 SF of Neuse Buffer Zone 2, and 33,222 SF of Orange County Buffer Zone 3. It is expected that the proposed project will meet the requirements of the USACE Nationwide Permit #39 for Commercial and Institutional Development. In addition, it is expected that the project will require a Use Authorization Certificate for impacts to the protected buffers within the site. As a requirement of the Nationwide Permit #39 and the Use Authorization Certificate, compensatory mitigation will likely be required for impacts to the wetlands, streams, and buffers within the Site. The amount of compensatory mitigation to be purchased will be determined once design has been finalized. SECTION 1-6 GENERAL PROVISIONS A. Development Areas. For ease of reference to various aspects of the Rezoning Plan, several primary development areas are generally depicted on Sheets C2.0 & C2.1 (each a “Development Area” and collectively the “Development Areas”). In addition, green space areas are generally depicted on Sheets C2.0 & C2.1. The exact boundaries of the Development Areas and green space areas may be modified to account for Development/Site Elements (as defined below) and other modifications needed to fulfill the design and development intent of the Rezoning Plan. B. Status of the Master Plan & Other Graphics. The overview plan attached to this document as Sheets C2.0 & 2.1 (together the “Site Plan”) and all other related graphics and descriptions attached to this document are designed to reflect the overall general design intent, as well as certain elements and commitments defined for the Project, while being subject to flexibility as the Project and phases move into the design development and construction phases. 13