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HomeMy WebLinkAbout20021669 Ver 2_More Info Received_20150408ENVIRONMENTAL SERVICES, INC 4901 TRADCMARK DRINC RAI FIGI-1, NC 27610 (919) 212 -1760 • I AX (919) 212 -1707 environmentalservicesmc com April 1, 2015 Cherr> Smith (J�L4J APR - 6 2015 NC Division of Water Resources � 1628 Mail Service Center NL L)ENR Raleigh Regional pffic � s Raleigh, NC 27699 -1628 Cherri, I am in receipt of the RAI for the Stonegate 401 application The Army Corps issued the 404 perms (SAW- 2008 - 01783) on 3/18/2015 They requested wetland mitigation via their own RAI and the applicant has secured this through EBX Both the Corps permit and the EBX SOA is attached Below I have provided a response to your questions 1 There was a mistake when printing/copying These missing sections are included with this submittal 2 The appropriate permit is NWP #29 3 The Corps has issued the 404 perms thus the delineation has been approved 4 Upon assessing the phased development, it was determined by the Corps that mitigation would be required for these wetland impacts The applicant has entered into an agreement with EBX to purchase the riparian wetland mitigation credits 5 The engineer has provided the attached forms for the level spreaders 6 The engineer has provided the attached calculations and additional plans associated with the level spreaders Please let me know if you need further information to complete your review Thank you for your assistance Sincerely, Environmental ervices, Inc Jeff Harbour, PWS Q�oF wArFAOc r Office Use Only Corps action ID no DWQ project no Form Version 14 January 2009 aoa�lWS_� va-- Page 1 of 10 PCN Form —Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing la Type(s) of approval sought from the Corps, © Section 404 Permit ❑ Section 10 Permit lb Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No ld Type(s) of approval sought from the DWQ (check all that apply) 0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification -- Express ❑X Riparian Buffer Authorization 1 e is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification• ❑ Yes ❑X No For the record only for Corps Permit ❑ Yes No if Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ❑x No 1g. Is the project located In any of NC's twenty coastal counties if yes, answer 1h below ❑Yes ❑X No 1 h Is the project located within a NC DCM Area of Env ❑ Yes ❑X No 2. Project Information LS U 2a Name of project Stonegate 2b County Wake 2015 2c Nearest municipality / town Wake Forest 2d 2e Subdivision name Stonegate 401 a BUFFER PERMITTING NCDOT only, T I P. or state project no 'A__&A Ss 3. Owner Information °G 3a Name(s) on Recorded Deed GHD- Stonegate, LLC 3b Deed Book and Page No 015703, 02080 3c. Responsible Party (for LLC if applicable) Craig Briner 3d Street address 1330 Sunday Drive, Suite 105 3e. City, state, zip Raleigh, NC 27607 3f Telephone no 919 -861 -2929 3g Fax no 3h Email address cbriner @greenhawkcorp corn aoa�lWS_� va-- Page 1 of 10 PCN Form —Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The applicant has avoided the largest area of wetlands and the stream but there remains some impacts that have been minimized as much as practicable Wetland impacts are limited to a small depression area that maybe man -made as well as the upper fringe of the wetlands abutting the onsite stream Buffer Impacts are limited to that needed to connect to the existing sewer easement and some of these buffer impacts are in the existing easement itself lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques All applicable BMPs will be following during all phases of construction Routine inspections will be performed to ensure the BMPs function as intended 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? ❑X Yes ❑ No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ © Corps 2c If yes, which mitigation option will be used for this project? Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank EBX -Neuse Neu -Con Umbrella Wetland & Stream Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type. Riparian wetland Type Choose one Type Choose one Quantity 0 186ac Quantity Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested. Linear feet 4c. If using stream mitigation, stream temperature. Choose one 4d Buffer mitigation requested (DWQ only), square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested, acres 4h Comments: 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 14 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes Q No use of public (federallstate) land? lb If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter ) ❑ Yes ❑ No Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes 0 No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? El Yes Q No 2c if you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)- 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future Impacts) result In Yes Q No additional development, which could impact nearby downstream water quality 3b if you answered "yes" to the above, submit a qualitative or quantitative cumulative Impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility City of Raleigh sewer Page 9 of 10 PCN Form —Version 14 January 2009 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? ❑ Yes ® No 5b Have you checked with the USFWS concerning Endangered Species Act impacts? ❑Yes M No 5c If yes, indicate the USFWS Field Office you have contacted - 5d What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical Habitat? ESI conducted an onsite habitat assessment and reviewed the current NCNHP data for element occurrences No issues were Identified 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA -NMFS Essential Fish Habitat List 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 (e g , National Historic Trust designation or properties significant in Yes No North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ❑ Yes No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? NC Floodmaps, 1 00-year floodplain does occur on the site, but it is not in an area that will be affected by the development k •tJt� - � • y • t s Applicant/Agent's Printed Name Ap lc nt/AgentIs Signature Date (Agent's sign ure is valid only if an authorization letter from the applicant Is provided Page 10 of 10 U.S. ARMY CORPS OF ENGINEERS COPY WILMINGTON DISTRICT Action Id. SAW- 2008 -01783 County: Wake U S G S Quad NC -WAKE FOREST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee GHD- Stonegate, LLC Crain Brine r ! Address 1330 Sunday Dr- suite 105 APR ® 6 2815 Raleigh, NC, 27607 Telephone Number 919 -861 -2929 Size (acres) 9_2 Nearest Town Wake Forest NC DENR Raleigh Regional Offloo Nearest Waterway Toms Creek River Basin Upper Neuse. North_ Carolina. USGS HUC 3020201 Coordinates Latitude 35 9086214031891 Longitude: - 78.5070463081133 Location description- The project site is approximately 9 acres located adiacent to Coach Lantern Ave. to the south and Forestville Rd. to the east, and contains jurisdictional wetlands and UT's which flow to Toms Creek in the Neuse River basin, near the town of Wake Forest, Wake County North Carolina. Description of projects area and activity This permit verification allows for .093 acre of permanent wetland impacts from fill associated with the construction of residential homes for the Stoneeate subdivision Mitigation is required for this proposal. Applicable Law N Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization. Regional General Permit Number or Nationwide Permit Number NWP 29 Residential Developments. SEE ATTACHED RGP or NWT GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 03/17/2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked 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 requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e, are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization 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 919 - 807 -6300) to determine Section 401 requirements For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N C Division of Coastal Management in Morehead City, NC, at (252) 808 -2808. This Department of the Army venfication 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 James Lastin2er at 919 -554 -4884 x32 or James C.Lastingernusace army mil Corps Regulatory Official• yg±EU,Q � Date: 03/18/2015 Expiration Date of Verif, (cat& 03/18/20 SAW - 2008&1783 SPECIAL CONDITIONS In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on thislorm, are hereby incorporated as special conditions of this permit authorization. 6Aw- 2008-017sa 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 33 1) 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, thus 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. ❑ Thejunsdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Action ID. SAW - Basis For Determination: Wetlands on site exhibit the three criteria as described in the Corps 1987 wetland delineation manual and appropriate regional supplement and come in direct contact with a tributary to Toms Creels, which flows to the Neuse River (TNW) in the Neuse River basin. Previously issued jurisdictional determination was issued_ on 7/11/2008 but has since expired. Remarks: This iurisdictional determination is only for the waters/wetlands proposed for impacts associated with this Nationwide Permit and does not include any other waters /wetlands that may be located on the property. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determmation for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address US Army Corps of Engineers South Atlantic Division Attn Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone, (404) 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by 5/19115 * *It is not necessary to submit an A form to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official James Lastinger SAW- 2008 -01783 Date of JD 03/18/2015 Expiration Date of JD • 3/18/17 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at htt //regulatory usacesurvey con/ Copy furnished Agent- Environmental Services, Inc. Jeff Harbour Address: 4901 Trademark Drive Raleigh, NC 27610 Telephone Number PCN1rs'w � tir -wt -•: �.., .PQ',1 PMr� ._ �. ,4., rn,. ��� y, rwu +i irthay3,be; you at or httpJ /.www usace army mil /Missi ons/CivilWN rks /Re ug latoryPrc is at" 33 CFRlPari 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer foi final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved Jurisdictional deterimnations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT' If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved Jurisdictional determinations associated with the permit • APPEAL. If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice C: PERNIIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice. © � © o Wm o s Apphcant• GAD - Stonegate, LLC Craig Bnner File Number: SAW -2008 -01783 Date: 03/18/2015 Attached is. See Section below F-11 INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D Fol PRELIMINARY JURISDICTIONAL DETERMINATION E PCN1rs'w � tir -wt -•: �.., .PQ',1 PMr� ._ �. ,4., rn,. ��� y, rwu +i irthay3,be; you at or httpJ /.www usace army mil /Missi ons/CivilWN rks /Re ug latoryPrc is at" 33 CFRlPari 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer foi final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved Jurisdictional deterimnations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT' If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved Jurisdictional determinations associated with the permit • APPEAL. If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice C: PERNIIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice. 4 � H e e D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL- If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer This form must be received by the division engineer within 60 days of the date of this notice. E: PRELDUNARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD 4 AC,-,'ClOXrII - REQUEST FOR APPEAL or OBJECTIONS TO, AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS. (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements You may attach additional information to this form —to clarify where your reasons or objections are addressed in the administrative record ) ADDITIONAL INFORMATION• The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental mfonnation that the review officer has determined is needed to clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clanfy the location of information that is already in the administrative record iPO Ir�OF�'CO TACT? +OI2� UESTIONS,OR,INVORMAT[ON - If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact- also contact District Engineer, Wilmington Regulatory Division Mr Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD -PDO Attn: James Lastinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room l OM 15 Wake Forest, NC 27587 Atlanta, Georgia 30303 -8801 919 -554 -4884 est 32 Phone: 404) 562 -5137 RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site dunng the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site invests ations. Date Telephone number. Signature of appellant or agent For appeals on Initial Proffered Pernuts send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, Nos th Carolina 28403 For Permit denials, Proffered Permits and approved furisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 Action ID Number: SAW- 2008 -01783 County: Wake Permittee: GHD- Stonegate, LLC Attn: Craig Briner Project Name: Stonegate/Parcel A and B/Dan Ryan Builders/Wake Forest/Wake County Date Verification Issued: 03/18/2015 Project Manager: James Lastinger Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: James Lastinger, Regulatory Specialist 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and /or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date o' U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: GHD- Stonegate, LLC Attn: Craig Briner Project Name: Stonegate subdivision Action ID: SAW- 2008 -01783 County Wake Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or If the impacts and /or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the identified site By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /in -Lieu Fee Program Manager The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Reauiring Mitigation* 8 -digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Coastal Riverine Non - riverine Non - riverine 0 093 0186 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor Comoensatory Mitigation Requirements: 8 -digit HUC and Basin 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Riverine Non - riverine 0186 Mitigation Site Debited EBX /Neu -Con Wetland and Stream Umbrella Mitigation Bank /Cox II site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited) Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance I, the undersigned, verify that i am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above Further, I understand that if the Sponsor fads to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 18 September, 2012 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon permit issuance, however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein 9 Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form 0 if changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina Interagency Review Team (NCIRT) If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included In the USACE administrative records for both the permit and the Sank /ILF Instrument Comments /Additional Conditions- This form Is not valid unless signed by the mitigation Sponsor and USACE Project Manager For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email- james.c Iastinger@usace.army.mil USACE P—roject Manqfer Signature _ March 18, 2015 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) rs available at htto //nbits.usace army mil Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the Customer satisfaction survey located at our website at httn / /resulatory usacesurvev com/ to complete the survey online. L AN 'PAe x ries COMPANY Neu -Con Wetland and Stream Umbrella Mitigation Bank Statement of Availability March 16, 2015 NC Division of Water Resources Ms Katie Merritt 512 N. Salisbury St. 9th floor Raleigh, NC 27604, Archdale Building Re Project: Stonegate U.S. Army Corps of Engineers Mr. James Lastinger Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 This document confirms that GHD- Stoneaate, LLC (Applicant) for the Stonegate protect (Project) has expressed an interest to utilize 0.20 Riparian - Riverine Wetland Mitigation Credit (s) from EBX sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank (Bank) in the Neuse RUC 03020201, Cox II Site As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits /units The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation If any questions need to be answered, please contact me at 919 -829 -9909 x 21 or 919 -608 -5876 Best Regards, Cara S. Conder EBX, an RES company 909 Capability Drive Suite 3100 Raleigh, NC 27606 r 1 i APR - 6 2095 �. - ft- - - NC DENR Raleigh Regional Office 1 INVOICE GHD- Stonegate, LLC Attn. Craig Briner 1330 Sunday Drive, Suite 105 Raleigh, NC 27607 EBX -Neuse Neu -Con Umbrella Wetland & Stream Mitigation Bank. Stonegare Subdivision, USACEAclron ID NSA W-2008-01783 Item I - Wetland Mitigation Credits (Cox 11) TOTALS March 23, 2015 Invoice - NCWSBI5032 Job - 801 -NSO1 -063 GL - 02 -902 -902- 430063 Units Cost Per Unit Invoke Amount 0 1860 $ 67,000 00 $ 12,462 00 $ 12,462 00 Kindly submit a check to the amount of $12,46200 for Wetland Mitigation Credits Please make check payable to EBX -Neuse 1, LLC c/o Environmental Banc & Exchange, LLC 909 Capability Drive, Suite 3100 Raleigh, NC 27606 LEVEL SPREADER - VEGETATED FILTER STRIP (LS -VFS) SUPPLEMENT Ti I3P<ROJECTaINFORMATION Project name Stonegate Parcel A Contact name Mr Timothy P Nau, PE Phone number 919 -435 -6395 Date February 12, 2015 Drainage area number 1 - (HW -1) a R° �8i`xi:.; -�' e r'' r �e3 ° ' "� i +a .a. A .�`" rt ,; ^-�' u' [L,,*; DESIGN;INFORMATION �4st'� �x ,A,dti The purpose of the LS -VFS Buffer Rule Diffuse Flow Stormwater enters LS -VFS from The drainage area Type of VFS Protected riparian buffer (slope < 5 %) If Stormwater Enters the LS -VFS from the Drainage Area Drainage area Impervious surface area Percent impervious Rational C coefficient Peak flow from the 1 in /hr storm Time of concentration Rainfall intensity, 10 -yr storm Peak flow from the 10 -yr storm Design storm Maximum amount of flow directed to the LS -VFS Is a flow bypass system going to be used? LS -VFS Design Feet of level lip needed per cfs Computed minimum length of the level lip needed Length of level lip provided Type of VFS 124,283 ft, 68,356 ftZ 055 % 068 194 cfs 500 min 708 in/hr 1374 cfs 1 inch/hour storm 194 cfs Y (Y or N) 50 ft/cfs 97 ft 100 ft Existing Buffer Notes No forebay is provided since the level spreader blind swale is lined with rip rap The Neuse River Buffer acts as the VFS for this level spreader No additional VFS has been provided Z n O m Z X X CD v N ca 0 a �r „� _ Lam? 4�`n Per instructions from Jason Robinson with NCDENR, the iip rap dissipater pad at HW -1 should extend to the edge of Zone 1 of the Neuse River Buffer The first five feet of the dissipator pad should be doubled in depth for additional protection LEVEL SPREADER - VEGETATED FILTER STRIP (LS -VFS) SUPPLEMENT sr� : t .,b� K : PROJECT�INFORMATION�f� ,Ek�:�r������ U�� %�, Project name Stonegate Parcel A Contact name Mr Timothy P Nau, PE Phone number 919435 -6395 Date February 12, 2015 Drainage area number 2 - (FES -36) II MESIGN`INFORMATION + x The purpose of the LS -VFS Buffer Rule Diffuse Flow Stormwater enters LS -VFS from The drainage area Type of VFS Protected riparian buffer (slope < 5 %) If Stormwater Enters the LS -VFS from the Drainage Area Drainage area Impervious surface area Percent impervious Rational C coefficient Peak flow from the 1 in /hr storm Time of concentration Rainfall intensity, 10 -yr storm Peak flow from the 10 -yr storm Design storm Maximum amount of flow directed to the LS -VFS Is a flow bypass system going to be used? LS -VFS Design Feet of level lip needed per cfs Computed minimum length of the level lip needed Length of level lip provided Type of VFS 106,793 ft, 58,736 ft, 055 % 068 167 cfs 500 min 708 1180 in /hr cfs 1 inch/hour storm 167 cfs Y (Y or N) 50 ft/cfs 84 ft 100 ft Existing Buffer Notes No forebay is provided since the level spreader blind swale is lined with rip rap The NCnSC River Buffer acts as the VFS for this level spreadei No additional VFS has been provided Per instructions from Jason Robinson with NCDENR, the rip rap dissipator pad at FES -36 should extend to the edge of Zone 1 of the Neuse River Buffer The first five feet of the rip rap pad should be doubled in depth foi additional protection S6£9-S£b(616) TLSLZ JN '@II!ASa1oa 018 Xo9 Od sa:)!AJaS SuulnsuoD )g 3u!aaau!8u3 I!A!:) 377d 'Auodwo.) noN a41 AB 038Vd3dd 6Z6Z- 198 -6T6 L09LZ JN `H9131V'H SOT nins 3ANG AVaNf1S OUT Ill '31V!D3NO-LS-OHg 1N311J dVVNJ V IV 3DVN1VHG Z 3SVHd ON '1S3UOJ 3 )IVM V 13MVd HV93NOlS A. v 1 '� Ln Lu w ui 10 R s v ♦ W LU :.. 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