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HomeMy WebLinkAbout20080322 Ver 2_PCN_Updated_20170918Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 From: Bob Zarzecki Soil & Environmental Consultants, P.A. Updated September 18, 2017 S&EC Project # 13029. W 1 N.C. Division of Water Resources 401 & Buffer Permitting Unit Attn: Karen Higgins Archdale Building — 9`' Floor 512 North Salisbury Street, Raleigh, NC 27604 Re: Drayton Reserve Subdivision — Phase 2 Project Area Rolesville, NC SAW -2008-00872 & DWR EXP No. 08-0322 On behalf of the owner, CalAtlantic Group Inc, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Resources (DWR) that the activities proposed below may proceed under Nationwide Permit 29 and General Water Quality Certification 4092. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Drayton Reserve Subdivision — Phase 2 Project Area Project Type Residential Development Owner / Applicant CalAtlantic Group, Inc County Wake Nearest Town Rolesville Waterbody Name Tom's Creek Index Number 27-24 Class QNSW USGS Cataloging Unit 03020201 IMPACT SUMMARY Wetland Impact (acres): 0.173 ac Perm. (Lots) 0.005 ac Perm. (Trail) 0.003 ac Temp. (Trail) Note: Previously permitted impacts totaled 0.138 acres of permanent wetland impacts, 0.1 acres of temporary wetland impacts acres of wetlands and 20 if/0.001 acres of temporary perennial stream [SAW -2008-00872 & DWQ EXP No. 08-03221. Total permanent impacts if approved would be 0.138 acres + 0.178 acres= 0.319 acres. Mitigation is proposed at a 2:1 ratio for the new proposed impacts as well at a 1:1 ratio for the previously permitted impacts as we were unable to documentation that the previous developer every recorded the 1.5 acre preservation area as required. Attachments: Complete PCN application & supplemental information. DWR Permit Application Fee a�'oF wArEgQ� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: N/A 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ 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 ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Drayton Reserve Subdivision 2b. County: Wake 2c. Nearest municipality / town: Rolesville 2d. Subdivision name: Drayton Reserve 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: CalAtlantic Group, Inc. 3b. Deed Book and Page No. Multiple 3c. Responsible Party (for LLC if applicable): Jason Rivenbark 3d. Street address: 6701 Carmel Road, Suite 425 3e. City, state, zip: Charlotte, NC 28226-0203 3f. Telephone no.: (919) 465-5929 3g. Fax no.: N/A 3h. Email address: jason.rivenbark@calatl.com Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Bob Zarzecki 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 8412 Falls of Neuse Road, Ste. 104 5d. City, state, zip: Raleigh, NC 27615 5e. Telephone no.: 919-846-5900 5f. Fax no.: 919-846-9467 5g. Email address: bzarzecki@sandec.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Parcel ID: 1748776700, 1748776685, 174877691, 1 b. Site coordinates (in decimal degrees): Latitude: 35.913646 Longitude: -078.502266 1 c. Property size: ± 19 (Ph. 2 project area) (entire s/d = +/- 105 acres) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Tom's Creek (Mill Creek) (Stream Index No. 27-24) proposed project: 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Neuse - 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The majority of Drayton Reserve subdivision has been completed or under construction. The road and some lots have already been constructed within this phase 2 project area. No fill has occurred yet within the wetland impact areas proposed in this application. Tom's Creek and its adjacent floodplain and extensive wetlands exist to the north. The land use on the remaining surrounding properties consists primarily of residential neighborhoods. 3b. List the total estimated acreage of all existing wetlands on the property: +/- 18 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 2,300 If 3d. Explain the purpose of the proposed project: To complete construction of a single-family residential subdivision. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of the construction of existing recorded single-family residential lots 41, 42 & 43 within the phase 2 project area & a greenway trail crossing of a linear wetland. Construction of these lots requires the proposed filling of wetland areas to allow for adequate building footprints to build homes on the lots. Equipment typically used for construction and earthwork such as excavators, etc. will be utilized for this project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary E] Final of determination was made? Comments: 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: USACE / S&EC Name (if known): J. Lastinger / B. Zarzecki 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE JD Crystal Amschler SAW2008-00872; Wetlands w/n phase 2 project area were re -delineated by S&EC & field verified by James Lastinger on March 17, 2017Stephanie Goss with the NCDWR conducted a Neuse Buffer determination dated March 20, 2017, see attached letter (NBRRO#17-061). 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. SAW -2008-00872 & DWR EXP No. 08-0322 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Per the project engineer, this project is being constructed in phases, however no new phases beyond what is currently shown are anticipated. Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of Forested (Corps - 404, 10 Area of impact Permanent (P) or wetland DWQ — non -404, other) (acres) Temporary T if known Bottomland ® Yes ® Corps W1 ®P ❑ T LOT FILL Hardwood E] No E] DWQ 0.173 Forest W2a ® P ❑ T GREENWAY TRAIL Headwater Forest ❑ Yes ❑ No ® Corps ❑ DWQ 0.005 W2b ❑ P ® T CONSTRUCTION ACCESS for Headwater ❑ Yes ® Corps 0.002 Greenway Trail Xing Forest No DWQ W2c El ® T CONSTRUCTION ACCESS for Headwater El Yes ®Corps 0.001 Forest ®No E] DWQ Greenway Trail Xing 2g. Total wetland impacts 0.181 2h. Comments: W1 = Lot fill on Lots 41, 42 & 43 of the phase 2 project area; W2a,b,c = Greenway Trail on Lots 44 & 45. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number -Permanent (PER) or (Corps - 404, 10 stream length (P) or Temporary (T) intermittent DWQ — non -404, width (linear (INT)? other) (feet) feet) S1❑PEI T 3h. Total stream and tributary impacts 0 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individu Ily list all open water im acts below. 4a. 4b. 4c. 4d. 4e. Open water impact Name of waterbody number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 4f. Total open water impacts 0 4g. Comments: Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then com fete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flo ode Filled Excavated Flooded Filled Excavated Flooded d P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? B1❑P❑T F-1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. CalAtlantic Group, Inc. acquired this development from The Ryland Group, Inc. in 2015. Shortly after they contracted with S&EC to perform a site visit to determine compliance with wetland, stream and Neuse buffer regulations. S&EC researched the past delineation and permitting history for the development and conducted correspondence and site visits with the USACE and DWR to determine the existing compliance status of the development. S&EC then re -delineated the wetland areas within the phase 2 project areas and obtained updated verifications of our delineation and Neuse buffer determinations. S&EC then worked with the developer and project engineer to minimize proposed wetland impacts as much as practicable such that the developer could construct homes on the lots and the Town required greenway trail through the development. S&EC presented the draft plan to the USACE and DWR. The USACE requested that any proposed wetland fill within the 100 -year floodplain be avoided if at all possible. S&EC worked with the project engineer to further minimize impacts and avoid wetland fill within the 100 -year floodplain. The proposed greenway trail crossing was also aligned over the previously permitted sewer crossing and maintained sewer easement to limit both buffer and wetland impacts. Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 29. With respect to residential developments (NWP 29 -Regional Conditions section 4.0), there are no impacts associated with single-family recreation facilities, the stream classification for this project is C, NSW (i.e. not Outstanding Resource Waters, High Quality Waters, Coastal Wetlands or wetland adjacent to these waters). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. As per the project engineer, Standard Erosion Control measures such as silt fencing, etc. will be used during construction, per the approved Erosion Control Plan. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps ® Mitigation bank 2c. If yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: EBX-Neuse 1, LLC Stream & Wetland Banks — Howell Woods Site 3b. Credits Purchased (attach receipt and letter) Type: Wetland Quantity: 0.50 3c. Comments: Statement of Availability (RES 8/14/17); Mitigation proposed at 0.178 ac (new) x 2:1 = 0.356 ac + 0.138 ac (old, permitted under SAW -2008-00872) x 1:1 = 0.494 acres - rounded up to nearest 1110'h acre = 0.5 acres. 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: 0 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 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. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Zone 2 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: As per the project engineer; Diffused flow will be provided as required ❑ Yes ® No by local and state regulations. The Town has approved a plan proposing the use of four (4) level spreaders for this phase 2 project area. The locations of these level spreaders are depicted on the attached plans. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 33% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: DWQ approved a SMP for the development under a 401 Water Quality Certification issued on May 8, 2008. This plan was later approved for modification on July 30, 2014. Per the project engineer. The Town has approved the use of four (4) level spreaders for this phase 2 project area. The level spreaders discharge to the wetlands and floodplain of Tom's Creek prior to the 50' Neuse Buffers. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Rolesville ® Phase II 3b. Which of the following locally -implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 14 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® 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 ® 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Drayton Reserve SID project is a residential development. Additionally, the project is located within the Town of Rolesville jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition to "diffuse flow" requirements and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 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. Wastewater from the development will discharge to the City of Raleigh sanitary sewer system. The City of Raleigh provides sewer and water to the Town of Rolesville. The City and State will ensure that adequate capacity exists. Page 9 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC -Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within 1 mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally Threatened/Endangered within 1 mile of the project boundaries. Please note the final 4(d) rule identifies the Northern Long-eared Bat as a Threatened species within Wake County. References: North Carolina Natural Heritage Program Data Explorer Search (May 22, 20171. Department of Environment and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC. http://www.ncnhp.org/ 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? The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on May 22, 2017; no historic listings or study list entries or determined eligible listings were identified within the property boundaries. 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? Per project engineer & NC Floodplain Mapping Program ,Q C/� S& V, PA Digitally signed by Bob Zarzecki Bob Zarzecki DN: cn=Bob Zarzecki, o=5&K, PA, o Wetlands Department, ffi-bza'e ki@sandec.com0 U5 Bob Zarzecki Date: September Applicant/Agent's Signature 18 2017 Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant Date is provided.) Page 10 of 10 Soil & Environmental to ts, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 ^ Phone: (919) 846-5900 • Fax: ()19) 846-9467 sandec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: DRAYTON RESERVE SUBDIVISION S&EC Project #13029 Date: 2017 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: James Lastinger Field Office: USACE Raleigh Regulatory Field Office I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): multiple w/n Drayton Reserve Subdivision Site Address: Forestville Road, Rolesville, Wake County, NC Lat/Long: 35.913646/-078.502266 Watershed: Tom's Creek (Mill Creek), 27-24, "C;NSW", Neuse 03020201 PROPERTY OWNER INFORMATION: Name: CalAtlantic Group, Inc. Address: 6701 Carmel Road, Suite 425, Charlotte, NC 28226-0203 Phone No.: (919) 465-5929 Fax No.: ( ) Mobile No.: (919) 418-5739 Email: jason.rivenbark@calatl.com .J Aram N 21v5WV4%aV _Z/2 Property Owner (please print) Date Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability August 14, 2017 U.S. Army Corps of Engineers James Lastinger Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Drayton Reserve Subdivision This document confirms that CalAtlantic Group, Inc. (Applicant) for the Drayton Reserve Subdivision (Project) has expressed an interest to utilize 0.50 Riparian Wetland Mitigation Credits from the EBX- Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically from the Howell Woods Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, 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 919-209-1052. Best Regards, Cara S. Conder Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 U.S. ARMY CORPS OF ENGINEERS FILE WlLMINGTON DISTRICT Action tib. 20080087ir County: Wake USGS Quad: Rafesylile. NC GENERAL PERMIT (REGIONAL AND NATI0NWIDE) VE1UFICATION Property Owner 1 Authorized Agent. Drayton Reserve, Inc Address: Atin: RImMarkAlttnan !ilii SOU_Ut White Street Wake Forest, NC 27587 Telephone leo.: 919-51-;&5418 Sire and location of property (water body, road nameJnumhe�r, toyA etc.): The 13rnytorl Reserve Subdly)sion is 1_9cated 01m Forestville Rd. ayproximately .S miles no rib or the intersection arForotville Rd and i.nui,4hurp Rd in RvfesyiIIt, Wake County, forth C:troifna. Aauatic leatures on Site drala to Tums C'rc,vk itnd then to the Neuse Itivtr. Description #f projects area and activsty: '.rh1s rttrmIC ve;jrws ncrnianen t lmnncts to 0.138 nicres of wetintrds stud t_enrrukmry irnn.sets to 10,09 acres ofwet] aud, lrnderNWP 29 for the construction of a residential develoamertt, 'Phis permit additlanally veH ies tem pora.rr'v l.nirla dS to 0.01 2C M1 0 WVIIauds,ullder IwiWP 18 for lninur distbniy. axxaeiati- d vr.ith the in] fWlaution of a attired wnter bvpltss coriveyitmee vilpe. Alit ization. th riI inchi des 1.5 nems or pr'eserw`W ivotfnnds on-site and a 1:1 e9tio Gf.iniii2a_ t<_ron aIT-site is requires! far the rterJniarrc_rJI inlJ)2Ct 10 4.138 HCrEn of wclIands see Pe rm it Condi66ri bola . T Appiicabic I. NQ' Section 404 (Clmn Water Acl, 33. U, C 1544) Section 10 (Rivers and HarWm Act, 33 USC 403) Authorirntion- fictional General Porn* N=Wr: Nationwide Pcrmit Number. 29 and IS Your wurk is authoriz&d by the above referenced permit provided it fs accomplished in strict accordance with the attached conditions trod your submitted plans. Any violatiun of the attaehad condi#ions or deviation fmm your subm idvd plans may st abject the pttrW tee to a stop work order, a restoration order andlor aWroprlate legal action. Thi, +t,,if`icati., will mma.in valid untie the expiration dart identified below tulless The nationwide, authorization is rnodifa suspended or revoked. If, ptior to tho expiration date idimtiGrcl below, the n6anwidc permit authorization. is reissued andlnr modified, this veritic.azion will mmain valid until the expiration date identified below, provided it complies with all requirements of titc modified nationwide 1' mf tf die nationwide permit authorization expit'cs or is suspended, revoked, or Is modified, such tint the activity would fro hunger comply with tht terms and conditions of the nationwide pmrdt, activities which have carnmenced (i.c_, arc under construction) or sm under contract to commesice In reliance upem the nationwide peTmit, will remain authorized provided the activity is c, zMplercd %via& twelve moaths of dic date of the natiunwidc permit's cxgiratitm, madifickidon or mvoeation, untess dimrztianary authority has been exercised on a =w -by -case Msis to modify, suspend or revoke the authorization_ Activities Sobjea to Section 4D4 (aq indicated above) inay also require an iTidividual Section 401 Watvr Qua]ity Certilacalion. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within+ the tweT1#y costal counties subj<at to regulation un& -r the Coastal Arca Management An (CAMA), prior to btgi ining worst you must contact the N.C. Division Uf Coastal M�Magc:inent . 71hi3 Department of the Army vedficatioa does ave relieve the permittee of the responsibility to obtain any other requircd Pudcral, State or tacal approvalsfpesmim if there are any qu esti ons regarding th is verification, any o f' the conditiorts of the Pernift, or the Cogs of Ettgineecs mgulato ry prugiun, phase Contntt Ms. Crystal Arnschier. Permit Condition: In order to compagsaze for impxts to 0.138 acres of cvez1 ncls. the pennittee shall make payment to the North Carolina Ecosystem Enhancement Progmm (KC EEP} in the arnouw determined by the NC EPP, sufficient to perform the restoration of4.138 acres of wetlands in theme Fiver Basin, Cataloging Unit 43020201. Construction within juriadictionai areas on the propeM shall begin only a11er the perm ittre has made full payment to the NC EEP and provided a cop} of the payment documentatioi 110 Lhc Corps, and the NC 1 EP bas pmvidc d written con I!rmation to the Corps that is age es to accept responsibility for the mffigation work required, In cornpliauce with the MOU between the Nordt Carolina Dcarlmcni Page t of 2 oFEnvironmenl and Natural Resource: anti foie United Slates Amy Cars of Engineer,, wiidwngton DiNtlict, dated MI Vember4, 1958. Me permitleu shall ex wute an d cause to be recorded in tht Wake County Regisicr of Deeds restrictive r.o wenam that wi 11 be s19 forth for ."dictioual wellands located w' es widda the arbdtvisigm, totalin 1.5 acres for the c nfma in the testrlctive czvenants (pmperly rcr-orded and showingpreservation ares), in their mtura stab in perpetuity, prior to the sale ar cortveyanc y oTs or other property within „n a su ivisirm 71tic perutittte shall enforce the lerrns of the tcst�ic#ive covenants and, pric r [o cmive yance of d ict prupe rty, shall take no action or, dke prope rty 6scribed in the covenants inconsistent w ith the terns thereof The pcnnittee shall provide a copy of the recorded restxlctivts covenanTs to the CDrps cif Enginccrs within 15 days of recordirig '*Note. Rabiva[ type may be described as found is Sohafale and WOLA1ey. C1wification of the Nalum Communities ofNorth Carolisaa, nLrd Approxim4tian, 1990; or in accardance*kb Cowwdin, pial (197r?), ClEmitieatian orWetlmds and Deepwater F iabitats of the of the United Stats*' Corps Kegtaiatory Oft chin Cly taS A m Dxtc= Expiation Date of Verification, April 18, 2008 Ap ri I_ Y & 2408 TIBC Wilutuigtun Dists ict is *rnw Itted to provid ing the highest level of support to th a pttblle_ To help m =core we continue to da lso, please complete thge attached cumomwatLe5(: ion Survey of visit htro.1lwww. saw .ussca.army.miU[5(P7LAM5rmjax. qwI to caanplots the swey online. 11otz Determination of Jurisdiction: ❑ 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). ❑ 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. 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. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: Wetlands were determined using the Coros 1987 del Corps Regulatory Official: _Crystal Amschler Date April 18, 2008 SURVEY PLATS, FIELD SKETCIH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUMED OR AVAILABLE. Copy Furnished: Ms, Jennifer Burdette Burdette Land Consulting, Inc 10212 Creedmoor Rd Raleigh, NC 27615 Page 4 of 2 Mark Altman Drayton Reserve, Inc 818 S. White St. Wake Forest, NC 27587 Project: Drayton Estates County: Wake DWQ #: 08-0322 USACE Action ID: 200800872 EEP No.: ILF-2007-5890 Amount Paid: 15,455.51 Check Number: 1104 The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/LAMA Permit(s) issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. Neuse Stream Credits Wetland Credits Buffer I& II 03020201 (linear feet) (acres) (Sq. Ft.) Cold Cool Warm Ri arian Non -Riparian Coastal Marsh Neuse 0 0 0 0.138 0 0 8456 03020201 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. Sincerely, William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Jamie Shern, USACE —Raleigh, Thelma Hemmingway, USACE Wilmington Eric Kulz, NCDWQ-Raleigh Jennifer Burdette, agent File Resto�rru�... .. PYotectrt� Orr, Stag ©M NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Drayton Reserve, Inc. Attn: Mr. Jeff Ward 818 S n u I h Whitc Street Wake Forest, NC 27587 Michael F Easley, iiamnnr W11111 Hn Ci. jW53 !r , t,.eercimy Nmh Cmlirm Dcpanmcns or Enviranmrni and Natural Remurees May 8, 2008 Golan H sullies, bir4oror virision oP Wader Quality DWQ EXY No. 09-0322 Wake Count RECEIVE MAY 12 2008 Subject Froperty: Brayton Reserve SubdivNIon �iAl�1a�! lkECUI•A�'�RY filgl.n f�FF`iCF U7" to Toms Crctk [030402, 27-24, C, NSW I r Approval of 401 Yater Quality Certification and Authorization Certification per the Neuse Fiver Buffer Prolect ion Rules (15A, NCAC 251.0233) with Additional Conditlans Dur Mr. Ward-. You have our approval, in aceordanoe vt b the attached conditions and thase listed below, to place fill within or vthcrwi" impact 0.238 acres of wetlands. 20 linear feat of perennial stream and 2,533 R' of Zona 1 and 7,601 f? of 'Lona 2 of the protected riparian buf5'eis for dae purpose of eonstructin8 the proposed subdivision, as described wilhin your Pru -construction NotificHlion Appticniion dated April 17, 2008. Tho impacts are covered by: General Water Quality Certification Number 3705 (GC:3705). General Certification 3705 allows you to use Nationwide Permit NW29 when issued by tics US Army Corps of Engineers (USAGE). In addikion, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and NOILAlscharge regulations, Alga, this sappreval to proceed with your propo!wd impocis or to conduct Impoeb to waters 13 depicted In your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your VC'N application (April 17, 2008), If you change your project` you must notify us and you may be required to scrid us a iicvv aplrlicatiotl. I the property (or a lot on the property) is sold. the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this projtm (now or irl the future "ecod one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H ,0546 (h), This approval requires you to follow the conditions listed in the attached Water Qumllty C`ertiliratlnn (GC 3705) and sny additinnal conditions listed below. 441 th m11&hVExprn Renew JIcrmllting Unlet 1634 Mill Smiee Gwwr, Rmirlgh, Nonh Cruvlins 276%.1650 2321 (FaWrc BBtrievard, Sully 254, Ral6gh, Mush Camllna 27604 Movie. 419-533.17861 PAW 1)1$,73;4"3/ lnlnrnel- hila)/Wo.car g 1€.p,tp►& 1444 Ari Equal OppWLtnrlylApitmwlivc Action hmpiuyrf- R% Kwyv1O Ifto Prat �r'onwnrr Vopmr llhCP int wffl'ljy Drayton Reserve Subdivision DWQ EXP# 08-0322 Page 2 of 5 May 8, 2008 The Additional Conditions of the Certification are: Impacts Approved The following impacts are hereby approved as long -as all of the other specific and general conditions of this Certification (and Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Impact Type Amount rf roved (Units) Plan Location or Reference Wetland 0.238 (acres) Aril 17, 2008 PCN page 4 Stream (perennial) 20 linear feet Aril 17, 2008 PCN page 5 Ri arian buffer Zone 1 2,533 (square feet Aril 17, 2008 PCN page 8 Riparian buffer (Zone 2) 7,601 (square feet) April 17, 2008 PCN page 8 No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this approval letter. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water duality standards, statutes, or rules occur. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina ,Sediment and Erosion Control Hanual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General storm water permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at httn:/Ih2o.er:r.stdte.nc.us/su/Fornts Documents.htm. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior written approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is -unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. Drayton Reserve Subdivision DWQ EXP#f 08-4322 Page 3 of 5 May 8, 2008 Stormwater Management Plan and Diffuse Flow Provisions The final, written stormwater management plans submitted with your PCN farm and received by the NC Division of Water Quality on April 7, 2008 with revisions received on April 17, 2608 and May 1, 2408 must be implemented. All stormwater management facilities must be constructed and operational before any permanent building is occupied at the Drayton Reserve Subdivision. The structural stormwater practices as approved by this Office as well as the drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. The Operation & Maintenance (O&M) agreements for the proposed wet detention ponds, level spreaders and filter strips signed by Jeff Ward of Drayton Reserve, Inc. on April 3, 2408 must transfer with the sale of the [and or transfer of responsibility for the storm water, facilities. DWQ must be notified promptly of every transfer. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and wi€1 not re -concentrate before discharging into the stream as identified within 15A NCAC 2B .4259(5). Starmwater easements shall be recorded for a distance of at [east 10 feet on each side of all stormwater conveyances, and on alt lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. A commitment letter dated April 30, 2008 and signed by Mr. Mark Altmann of Drayton Reserve, Inc., acknowledging the need to install a guardrail fence between wet pond 2 and the adjacent road is hereby noted. Please note that failure to install this safety fence shall result in violation of this certification. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC ,Sediment and Erosion Control Manual, or the NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic Iifelfish kills, 9. Certificate of Completion Upon completion of ail work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 441 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 10. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the Drayton Reserve Subdivision ❑WQ ExPR 08-0322 Page 4 of 5 May 8, 2008 buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0259 and GC 3745. 11, Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and riparian buffers in order to assure compliance for future wetland, water and riparian buffer impact, These mechanisms shall be put in place prior to impacting any wetlands and/or waters approved for impact under this Certification Approval. 12. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent With State water quality standards (including any requirements resulting from compiiance with §303(d) of the Clean Water _Act), and any other appropriate requirements of State and f=ederal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 444 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This fetter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar -Pamlico riparian buffer protection rule as described within 15A NCAC 2B .4259. if -you have any questions, please telephone Lia Myott or Joseph Gyamfi at 919-733-1786. Sincerely, Coleen H. Sullins CHSIcbkldemljg Enclosures; Certificate of Completion GC 3 705 Dray[on Reserve Subdivision DWQ EXP# 08-0322 Paige 5 of 5 May $, 20D8 to. USACE Raleigh Regulatory Field ONJce Lauren Witherspoon, DWQ Paletgh Regional Office File Copy Central Files Jennifer A. Hardette, Burdette 1.$nd Cops ahing, Fne., 10212 Creedmoor Rd., Meigh, NC 29615 Pik; 080322 DrayAenRcwrvcSD(Wakc)EXP+4014-NBkAuth NCDENR J�lx North Carolina Department of Environment and Natural Resources Pat McCrory Governor MR. MATT HASTINGS, PE SUMMIT DESIGN AND ENGINEERING SERVICES 1320 SEYMOUR DRIVE SOUTH BOSTON, VA 24592 AUG V b Lui4 Dear Mr. John E. Skvarla, III Secretary July 30, 2014 Subject: Approval of Alternative Design for Stormwater Management Plan under (DWQ EXP# 08-0322) Drayton Reserve Subdivision Wake County At your request, staff from the Division of Water Resources, Raleigh Regional Office has electronically reviewed plans and calculations for a proposed modification to the stormwater management plan approved under a 401 Water Quality Certification and Buffer Authorization issued by the Division of Water Quality on May 8, 2008. It is my understanding that the original approval included traditional level spreaders and vegetated filter strips (LS-VFS) with high flow bypass channels through the riparian buffers to convey flows in excess of the design storm directly to the receiving stream. The proposed modification eliminates the bypass channel and associated permanent buffer impacts' and instead utilizes concrete splash pads and riprap lined plunge pools located outside of buffers to provide adequate energy dissipation, dispersal of flow, and buffer protection from erosive -velocities resulting from flows greater than the 1 inch per hour design storm. This letter hereby serves as the Division's approval of LS-VFS alternative design as part of a modification to the approved stormwater management plan. Please note that expiration of the 401 WQC or 404 permit may require application resubmittal to authorize buffer, stream, or wetland impacts that have not occurred prior to the expiration date. Please contact the 401 & Buffer Permitting Unit at (919) 807-6300 for further guidance. If you have any questions or concerns, please feel free to contact me at (919) 791-4200 or cory.larsen@ncdenr.gov. Sincerely, Cory L s n, E Environmental Engineer cc: Raleigh Regional Office Files Karen Higgins — 401 & Buffer Permitting Unit 1628 Mail Service Center, Raleigh, North Carolina 27699-1628 Phone: 919-791-42001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper 'ROY COOPER Governor, ' MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY - - - March 20, 2017 . CalAtlantic Group, Inc Attn: Jason K. Rivenbark '6701 Carmel Road, Suite 425 Charlotte, NC. 28226-020.3 ; Subject Buffer, beter'mination Letter:. NBRRO #17-061 ' Wake County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0233) ❑ Tgr-Pamlico (15A NCAC 2B .0259) ❑ Intermittent/Perennial. Determination (where.lo'cal'b,u ordinances apply) ❑ Jordan.(15A, NCAC 2B .0267) _ X (governmental. and/or interyueisdictional: X' •, .X projects) X Project Name: Address/Location- Stream(s): Drayton Reserve Subdivision _Drayton Reserve Subdivision, Forestville Road, -Rolesville (PIN- 1748782153) Tom's Creek Determination Date:. March 17, 2017 Staff: Stephanie Goss - Stream E/11P* NotSubject= Subject - Start@ ` Stop@ Soil USGS Survey."' To o A: Toms Creek X Throughout property X' •, .X B X DWR flag A: Toms Creek X' .. " C' X X . D , ' X , Off property , ' 'Off property . X. i j *E/I/P = Ephemeral/Intermittent/Perennial Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County;, North Carolina and/or the most recent copy.'of the USGS Topographic map at a 1:24,000 scale. Each ".stream that; is checked "Not Subject", has .been determined'to not,be at least intermittent or is not•present. Streams' ;that are, checked,``Subject',have been located ohithe property and possess characteristics that qualify�it"to beat least an intermittent stream., There ma be other streams Jocated on the roe that do not show u on the ma s Y P P rh' P' P referenced above but maybe considered jurisdictional according to the'US Army Corps of.Engineers. ;This on-site determination shall expire:five (5)',years from the date of this -letter. Landowners or affected . , parties,tliat dispute `a determination made by the D'%R may request a determination by the Director: An Division of Water Resources, Raleigh Regional Office,; Waier'Quality Operations Section http://portal.n'cdenr.org/wcb/wq/aps ". 1628 Mai],Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 10 'cation: I - 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Drayton Reserve Subdivision Wake County March 20, 2017 Page 2 of 2 appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 17699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit; 511 N. Salisbury Street, Raleigh, NC 17604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions reg g tis determ' ation, please feel free to contact Stephanie Goss at (919) 791-4256. Sincere Danny Smit> Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy Bob Zarxecki, S&EC, 8412 Falls of Neuse Road. Suite 304, Raleigh, NC 27515 17-061: Drayton Reserve Subject via NBRRO #15-506 8 p on 12/15/15 f., " .� ;i V _ _ • Not Subject via ~ ` NBRRO #15506 Not Subject via on 12/15/15 NBRRO 415.506 s _ f on 12/15/15 ll+lmF GeQ A � d �+f? L6B yah - -Wks I-oc me 4 Subject via L - - NBRRQ #15-506 LO on 12/15/15 A- Toms Creek Subject li 1� ti Wffw. f p'td U.r L t ti. App B: Subject' ` •— Wr, X- Au Ap y `y Y WF '- f ■ r- ! iLoC d iim B, APO wk -ApB �G, CQ ,� C. Not subject g Lw + D: Subject Y ,•r DuB ;S TA 4F-• Map provided by NCDEQ ir Legend:`�Nj Division of Water Resources �s': e `,y Locations are approximate -Approximate Site boundary: x. and are provided for -MRCS Soil Survey Wake Co. Sheet #22 ��•; : �� reference only 17-061: Drayton Reserve ''3. �. iA1Fy y Map provided by NCDEQ o^ legend: Division of Water Resources ,�,F �' � Locations are approximate Approximate Site boundary: y+ and are provided For reference only .. DRAYTON RESERVE, PHASE 2 N A p 220 440 880 ft 1 inch = 400 feet Disclaimer Maps makes every effort to produce acrd publish the most current and accurate information possible. However, the maps are produced for information purposes, and are NOT surveys. No warraodes. expressed or implied ,are provided for the data therein, its use. or its interprerarion. EXISTING / / LEV#2 WETLANDS 34 LEVEL r — READERS#1 \ f 3 11 -- / r• \// \\\\ / � \\\ \\ \ �2. yrI \\ \ WETLAND \ \ \�— _ 1 IM PACT AREA \\ \\ \\ \\---- -- \\ J3 / / / / /�� \\\ ♦, \ \ j \ \ \ 2 /i/'38 off i �v\ LEVEL SPREADER #4 40 ♦_ ,(.\\ \51 ♦' \ • / I / <��`\ /'`C~\\ '�C / / �e �\ ): 0 i rte„\ \ \ i / ,/ 1 ♦/ _:_Fw..-' \\ \ \;`.i/x�\t\,��� 2a 1 o�S� �� /." 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I I I i 91 I 1 9lT 1 $9 I , �- �\ OI \ \I I\ \ i'li 1 No ppI / I v+ p tro� CLIENT: PREPARED BY: D RAYTO N RESERVE The Nau Company 0 o CALATLANTIC HOMES M y X„ 1100 PERIMETER PARK DR Consulting Civfl Engineers 1 o ROLESVILLE, NC SUITE 112 ~' MORRISVILLE, NC 27560 PO Box 8101 Rolesville, NC 27571 919-435-6395 NCBELS License P-0751 OVERALL SITE PLAN \ V ........ LEVEL . . . . . — \ �• 1`\\• - •/% /f �iLEVEL�. .\. /�' // '��_-_ ����� �\\\ \ \\\\�\�\Y —/ LEEL - .r'.— I . . . • . . • • • • . SPREADERS #1 SPREADER#2. . . . . . . . . . . . . . . . . . . . . �\ •- - - - - • - . . . . . . . . . . . .. AI WETLAND . . - / \ . ,.w - 1 / / /i// ♦ _ \� \\ \ \ — / / / \ r ������ IMPACT AREA \•i/� i SPREADER # %/ \� ��. —��y i .\\. . . . . . . . . . j/ /��cl�i` '7,344 $F (0.173AC.) 1. _ .'. 1. M,.. / / i j/ ♦ ....: _ ......� �r _ �\ ��✓ia!'.` �z+/. YC� ����� ��•�. "�\ ////^y� I I IJ I- I` •f / ///// �/� � , __�� \ \\\ 66 \ / / ' X — • / //�\\ I I ' 1JIII 6 SF 0.001 AC. ' / \ \ \\ \—=—==3==�7(TEMPORARY �� I SAT i I /1/� 34�� I i `�/ 41 42 _ --` i!' — \e;� �I�TLA D1N�ACT�� ` '��� ♦ \I \I 1 \\ \ \�--_— 33 / ��------ / I I I II I I I I 1 8' WIDE PAVED I I . \ ` i 1`1 /' ( 1 ' ' I 37 ' I i 38 'I I 1 \ CR % 44 If 11 1 \ \\yV ♦ ♦ 1 1 \ \�—^--- \ R 36 11 STREET �ID� TRAILS \ \ / 1 \� \ ` \ I\I ,\ I I I - `4. i :--� I �F� \` ~ • - - •\'� \-- �� ; ♦ / ' , I '-------' I -------' '-ac--- I I------ I '------ \' I -------------------- `---/ �EIN�S�FO TORMPP� _-_- '' ---_-- ,` 32 , , 45 1� FQR TION J I BEAVER TAN COURT \ \ I I I ,6 I �` I. I '� -'.' -- -- — �• \ \ ; I 238 SF 0.005 AC.) 69 /WET PLV JIM PAC ` I------- {------- - I ------- 1 _ 46 1 67 SFZ0.002 AC.) \♦3 1 -3-0- 1 o I 0 dT 'TEPORARY� IVIPACT 7.0 ` �WFTLANp� 1I / 1 14\ I 1 �O / IDE PAVED GREENWAY \----�_\ iIN 20' PUBLIC GREENWAY —� ,,—r,----r;----�-- /E MENS ^I , \�1 ; 1 4-1 i \ %b�1 `------------' '------ Z PROPOSED WETLAND IMPACTS 7,782 SF (0.179 AC.) PROPOSED TEMPORARY WETLAN11 IMPACTS ►������������������������������ 1 1 1 \ \ 10' WIDE PAVED GREENWAY ♦ \ \ 1 I \I \\%%1 1 \ \ IN 20' PUBLIC GREENWAY I 1 \ \ ENT -----�JJ---I�/--1- --- �--�\ -jr__ 55 ��hull c ? r �L�, 61 53 54 1 I / 56 57 1 III t� 1- � I- �,yl1111111 ,,��-- � ----�� }�-r--- 1 ?i i n-- i',•IT�—\ I 1 -C --,y,- 1\ )jj�1l�- 1— _;I-1--t-t- ,\ 1,11 111 I \i1� I t11 11I III I l//l l; I \' 1 i I I 111till 1((1 1j' i 1����/l11, 71 \ \' 1 I I I 1 I ------------ 26 SF (0.001 AC.)— TEMPORARY WETLAND IMPACT 5'X 5' RIP RAP PAD_ INV OUT=260.11 i 29 LF 15" RCP @ 2.85% 238 SF (0.005 AC) WETLAND IMPACT TOP OF / TRAIL=263.26' INV IN=260.94- 20' WIDE STORM DRAINAGE EASEMENT INSET SCALE=1"=20' 20' PUBLIC SANIARY SEWER / EASEMENT 1-1 20' PUBLIC GREENWAY EASEMENT 67 SF (0.002 AC.) TEMPORARY WETLAND IMPACT Lo Cu I-. 1Q. N E Z O e d C..i R y M d Z 1quo e 4%o M O 4) H °D1hy ®M� mem 0WZ Lu DC Lu Lu z O F— Q tY 0 o Lu Y 11Dn g s r\ O a N V -1 Z W Z u F Lu a�>> HL Lu O 0 U U z w J J Lr) O cr PROJECT NO: SCALE: 1"=150' DATE: 2017-08-14 SHEET N0: EX -2 z Q a Q w Q H U w O of a N w N Q a EXISTING I WETLANDS LIMIT � tri LEVEL SPREADER I ISTING WETLANDS A. 1 AL AL ;s r . ♦ A� � A A, A \� \ FLOODZONE "AE" STORM 42 I I FLOODZONE'X' DRAINAGE EASEMENT 41 (WIDTH VARIES) 40 WETLAND IMPACTS 7,544 SF (0.173 AC.) Ln AL e � v m m C -D 81 8 r ♦ / / a h s. \..a... ... m / Z C �' ♦ ga Midi 1_8 COL62 xco ��, A �� �OWZ ORO i 20f STORM �`` ■ I I000, / I I PROPOSED 8' PAVED GREENWAY TRAIL / BEAVER TAN COURT DRAINAGE EASEMENT / \ - / STREAM BUFFER i WETLAND IMPAC ♦ 238 SF (0.005 AC 26 SF (0.001 AC) TEMPORARY WETLAND IMPACT ' '/Ai.i.■ /5'X 5' RIP RAP PAD INV OUT=260.11 / 29 LF 15" RCP @ 2.85% 20' PUBLIC SANITARY SEWER EASEMENT PROPOSED 10' PAVED / 1� GREENWAY TRAIL INV IN=260.94 _ 4, 20' PUBLIC GREENWAY / LOT LINE 45 EASEMENT 20' STORM DRAINAGE EASEMENT ! ■ \ 67 SF (0.002 AC) TEMPORARY WETLAND 1 ■ o Ln 0 L.0 Lu Y Ln g i= r, O ry Z: U w H w Z H a_>> NLn Lu J d 0 U 0 O W \ IMPACT \ i > PROJECT NO: DC W Q V) W DC z L J U Q a J Z > O F— vi J z Q J F- �C � SCALE: 1"=40' DATE: 2017-08-14 SHEET NO: EX -3 \ IMPACT \ i ■ PROJECT NO: SCALE: 1"=40' DATE: 2017-08-14 SHEET NO: EX -3 10 0 S 10 20 SCALE: 1"=10' --238 SF (0.005 AC) WETLAND IMPACT 20' \Ald STORM DRAINAGE EASEMENT 29 LF 15" RCP @ 2.85%--,, A��•/•/• INVIIN=260 67 SF(0.002 AC�TEMPORARY ---WETLAND IMPACT I 1 11 10' PAVED GREEL!y TRAIL WETLAND BOUNDARY ___ INV OUT=260.11 (TYP.) - PROPOSED WETLAND IMPACT I I — — — — `.`.`.___-_-___.`�`�►� 261 ►ice I TEMPORARY WETLAND IMPACTS ��---20' PUBLIC GREENWAY EASEMENT T _ 1 I I I 264 - 261 - Ji 5'X 5' RIP RAP PAD — — — — 260— — -- — 26 SF (0.001 ACJ 260 1`0• �RTy ITEMPORARY *0 WETLAND IMPACT 20' PUBLIC SANITARY SEWER EASEMENT 10+00 NV OUT=260.11 ' RIP RAP PAD 264 263 262 261 260 �^ N Q EZ O ai m V Z =P%"> o y a a CQ a Z s e d ix Lf) c ._ —C1 d oM ci c U �coJ m�W CO aonz °C o 0 W Y Ln U w Z Lu LU ZLu -j gW CL 0 uo � Lu Lu cn Lu Z O F— a IY 0 PROJECT NO: L) L J Lu Lu O cc LL J LL O CL C-6 Z g a m x W u a 0- z Z a J F- 1.1 Q SCALE: 1"=10' H / 1"=1' V 259 DATE: 2017-06-22 SHEET NO: EX -4