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HomeMy WebLinkAbout20180577 Ver 2_Previous Bryan Road PCN - 2018_20200819Bryan Property Subdivision Page 1 of 3 April 24, 2018 US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Office 401 & Buffer Permitting Unit Attn: Ms. Tasha Alexander Attn: Ms. Karen Higgins 3331 Heritage Trade Drive 512 N. Salisbury Street Suite 105 Raleigh, NC 27604 Wake Forest, NC 27587 Re: Bryan Property Subdivision Request for NWP 29 & GC 4139, and Riparian Buffer Impact Approval Sage Project # 2017.37 On behalf of Lois J. Bryan (applicant and owner) please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) and North Carolina Division of Water Resources (NCDWR) that the activities associated with the proposed Bryan Property Residential Subdivision may proceed under Nationwide Permit (NWP) 29 and the associated General Certification (GC) 4139. Please find attached a complete application and supplemental information. Project Summary and Purpose The overall project is a single-family residential subdivision with residential streets and utilities that will connect to existing adjacent roads and utilities in the area. The 18.055-acre project is located in southeastern Wake County south of the Bryan Road and Elk Stone Trail intersection in Garner, North Carolina. The purpose of the proposed project is to construct a residential subdivision to meet the demand for housing in this part of Wake County. Project Detail and History The proposed project consists of 40-detached residential lots. Residential streets will connect to existing adjacent roads in the area. The project consists of one road and two cul-de-sacs and will have one stormwater BMP placed in the northwestern corner of the property. Jurisdictional stream and wetland determinations were confirmed during a site meeting with Sage and Tasha Alexander of the USACE on April 3, 2018. A preliminary jurisdictional determination (PJD) has not yet been received. Riparian Buffer determinations were confirmed by Stephanie Goss of the NCDWR on April 4, 2018. A confirmation letter has not yet been received. Bryan Property Subdivision Page 2 of 3 No recorded federally listed species are located on the project site. One federally listed species (Dwarf Wedgemussel) is located within a 1-mile radius according to the NC Natural Heritage Data Base (April 2018). The location of the occurrence of the Dwarf Wedgemussel is within Swift Creek approximately 0.8 airmiles southwest from the proposed subdivision. The stream with proposal impacts flows into an existing pond offsite. Overall, jurisdictional waters within the project area drain to Mahlers Creek which then flows in to Swift Creek. No other federally listed species were found to exist within 1-mile of the proposed subdivision. One recorded historic property (WA0333 Stancil House SO) is located northwest approximately 400-feet of the project site. The Stancil house was a triple-A cottage that was removed prior to the construction of a new road alignment north of the project site. No other historic properties are located on or within viewing range of the proposed subdivision. Proposed permanent riparian buffer impacts are associated with a road crossing and a stormwater BMP outfall. Permanent wetland and stream impacts are associated with the road crossing. Temporary wetland and stream impacts are associated with stream dewatering and culvert placement for the road crossing. Utilities for the proposed project will connect to existing utility lines adjacent to the proposed project boundaries. Heavy equipment typically used for utility installation projects (e.g. back hoes, bull-dozers, etc) will be utilized. Avoidance and Minimization The proposed road crossing was positioned as a nearly perpendicular crossing in an effort to avoid additional stream impacts that would result from a skewed-angle crossing. Only having one location to access both halves of the site and an existing road stub on the southern property boundary dictated where the road would cross the drainage. Riparian buffer, wetland and stream impacts could not be avoided with this crossing because all three also exist to the east and west of the proposed crossing location. The proposed outfall for the stormwater BMP is located within the riparian buffer above the start point of an intermittent stream in the northwest corner of the project area. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from runoff. The roadway culvert impact site will be dewatered during construction in accordance with Best Management Practices. The culvert will be buried 12" below the existing stream bed to allow aquatic passage and construction within this area will occur in the dry. Project Impacts Proposed stream impacts (139 LF permanent and 22 LF temporary) will result from fill and culvert placement required for road construction. The road construction will also result in wetland impacts (0.127 acre permanent and 0.021 acre temporary). The Project is located within the Neuse River Basin. The road crossing will result in 14,244 ft2 (0.326 acre) of riparian buffer impacts. Riparian buffer impacts resulting from the stormwater BMP outfall impact will total 552 ft2 (0.012 acre). Overall riparian buffer impacts proposed for the project include 9,576 ft2 in Zone 1 and 5,220 ft2 in Zone 2. Bryan Property Subdivision Page 3 of 3 Mitigation Overall permanent stream impacts will total less than 150 linear feet therefore stream mitigation is not proposed. Likewise, the riparian buffer impacts proposed for this project are considered “allowable” therefore mitigation is not proposed. Permanent wetland impacts total 0.127 acre. Mitigation is proposed at a 2:1 ratio for the permanent impacts. Payment to Wildlands Holdings to purchase available wetland mitigation credits from the Falling Creek Stream and Wetland Mitigation Bank is proposed to meet the mitigation requirement. If you have any questions, please call me at (919) 559-1537. Sincerely, Sean Clark Sage Ecological Services, Inc. Page 1 of 10 PCN Form – Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. 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 1e. 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 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: Bryan Property Subdivision 2b. County: Wake County 2c. Nearest municipality / town: Garner 2d. Subdivision name: Bryan Property Subdivision 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Lois J. Bryan 3b. Deed Book and Page No. DB 007259; DP 00453 3c. Responsible Party (for LLC if applicable): Andrew M. Bryan 3d. Street address: 1805 New Bethel Church Road 3e. City, state, zip: Garner, NC 27529 3f. Telephone no.: 910-814-0761 3g. Fax no.: 3h. Email address: Bryanam31@gmail.com Office Use Only: Corps action ID no. SAW-2016- 01126 DWQ project no. _______________ Page 2 of 10 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: Mr. Sean Clark 5b. Business name (if applicable): Sage Ecological Services, Inc. 5c. Street address: 3707 Swift Drive 5d. City, state, zip: Raleigh, NC 27606 5e. Telephone no.: 919-559-1537 5f. Fax no.: 5g. Email address: sclark@sageecological.com Page 3 of 10 PCN Form – Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 16291161931 1b. Site coordinates (in decimal degrees): Latitude: 35.664466°N Longitude: 78.591908°W 1c. Property size: +/- 18.055 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Mahlers Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Neuse River Basin (HUC 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 site is primarily forested with a mix of hardwood and evergreen tree species. A small amount of logging has occurred on the eastern portion of the property. Adjacent properties are primarily residential with a public school located to the south. An existing road stub from an existing residential subdivision exists along the southern property line. 3b. List the total estimated acreage of all existing wetlands on the property: +/- 0.269 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 1,301 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivision with associated utilities to meet the demand for housing in this part of Wake County. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project is a single-family residential subdivision with residential streets and utilities that will connect to existing adjacent roads and utilities in the area. The developer plans to construct 40 detached residential lots. The proposed impacts result from road and stormwater BMP construction. Heavy equipment typically used for utility installation projects (e.g. back hoes, bull-dozers, etc) will be utilized. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Yes No Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Sage Ecological Services, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Jurisdictional stream and wetland determinations were confirmed by Tasha Alexander of the USACE for a Preliminary Jurisdictional Determination on April 3, 2018. Riparian Buffer determinations were confirmed by Stephanie Goss of the NCDWR on April 4, 2018 (NBRRO #13-057). 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. Page 4 of 10 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) Wetland Impact 1A (P) Road Crossing/ Fill Riparian Wetland Yes Corps 0.127 Wetland Impact 1B (T) Road Crossing/ Construction Access Riparian Wetland Yes Corps 0.021 Choose one Choose One Choose one Yes/No - 0 2g. Total wetland impacts 0.148 2h. Comments: Permanent wetland impacts are > 1/10th acre. Therefore, wetland mitigation is proposed for this project at a 2:1 ratio. 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) Stream Impact 1A (P) Culvert/Fill UT to Mahlers Creek PER Corps 5 139 Stream Impact 1B (T) Dewatering/ Land Clearing UT to Mahlers Creek PER Corps 5 22 3h. Total stream and tributary impacts 161 3i. Comments: Permanent stream impacts are < 150 LF. Therefore, no stream mitigation is proposed for this project. 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 individually list all open water impacts below. 4a. Open water impact number – Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 Choose one Choose One Choose 4f. Total open water impacts 0 4g. Comments: There are no open waters within the project boundaries. Page 5 of 10 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 Choose One P2 Choose One 5f. Total 0 0 0 0 0 0 0 5g. Comments: This project does not propose Pond or Lake construction 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.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other: 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) R1 – (P) Road Crossing UT Mahlers Creek No 9,267 4,977 U1 - (T) BMP Outfall UT Mahlers Creek No 309 243 6h. Total buffer impacts 9,576 5,220 6i. Comments: Proposed riparian buffer impacts are considered “allowable” therefore, no riparian buffer mitigation is proposed for the project. Page 6 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. The proposed road crossing was positioned as a nearly perpendicular crossing in an effort to avoid additional stream impacts that would result from a skewed-angle crossing. Only having one location to access both halves of the site and an existing road stub on the southern property boundary dictated where the road would cross the drainage. Utilities are contained within the road crossing to avoid additional crossing locations and further reduce impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques used to avoid and minimize impacts include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and temporary basins will also be used to prevent sediment runoff into the streams and wetlands. 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? 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: Falling Creek Stream and Wetland Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity N/A Type: Choose one Quantity N/A Type: Choose one Quantity N/A 3c. Comments: N/A 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: cool 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0.127 acre 4f. Non-riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: N/A 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 7 of 10 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 3 (2 for Catawba) N/A Zone 2 1.5 N/A 6f. Total buffer mitigation required: N/A 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: Proposed riparian buffer impacts are considered “allowable” therefore, no riparian buffer mitigation is proposed for the project. Page 8 of 10 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The diffuse flow plan is part of the Stormwater Management Plan being reviewed by the County. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 29.61 % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project requires a Stormwater Management Plan that will be reviewed by Town of Garner. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The site plan calls for one BMP located in the northwestern corner of the project. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Garner 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? Garner 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW 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 9 of 10 PCN Form – Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 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.) Comments: Yes No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 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 additional development, which could impact nearby downstream water quality? Yes No 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. The proposed project will tie into existing Town of Garner sewer lines located adjacent to the site. Page 10 of 10 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 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? No recorded federally listed species are located on the project site and one federally listed species (Dwarf Wedgemussel) is located within a 1-mile radius according to the NC Natural Heritage Data Base (April 2018). The location of the occurrence of the Dwarf Wedgemussel is within Swift Creek approximately 0.8 airmiles southwest from the proposed subdivision. Jurisdictional waters within the project area flow in to Mahlers Creek which then flows in to Swift Creek. No other federally listed species were found to exist within 1-mile of the proposed subdivision. 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 proposed project takes place in southeastern Wake County which is not near any coastal or tidal habitat that would support EFH (i.e. salt marshes, oyster reefs, etc.). 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 North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? http://gis.ncdcr.gov/hpoweb/ *Records check at the State Historic Preservation Office or the Office of State Archeology was not performed. One recorded historic property (WA0333 Stancil House SO) is located northwest approximately 400-feet of the project site. The Stancil house was a triple-A cottage that was removed before the construction of a new road alignment north of the project site. No other historic properties are located on or within viewing range of the proposed subdivision. 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: N/A 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center (https://msc.fema.gov/portal/search) FEMA DFIRM Panel # 3720162900J, effective May 2, 2006. Sean Clark Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. 04/19/2018 Date   Wildlands Holding III, LLC · Wildlands Engineering, Inc · 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 Riparian Wetland Price Commitment April 24, 2018 Louis J. Bryan c/o Andrew M. Bryan 1805 New Bethel Church Road Garner, NC 27529 RE: Availability of Riparian Wetlands Credits for the Bryan Property project Bank Name: Falling Creek Stream and Wetland Mitigation Bank Bank Sponsor: Wildlands Holdings, III, LLC Riparian WMU Credits Available: 32.11 Riparian WMU Credits Needed: 0.254 Neuse 03020201 River Basin Dear Louis: Wildlands Holdings III, LLC has provided a Statement of Availability for riparian wetland mitigation credits from the Falling Creek Stream and Wetland Mitigation Bank to satisfy the mitigation requirements related to the above-mentioned project. Price Quoted: $75,000.00 per WMU Credits Needed: 0.254 Total Price: $19,050.00 Credits may be reserved for a period of six months upon the receipt of a non-refundable deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis. While current inventory of riparian wetland credits is high, inventory is subject to change. Credit prices quoted for the project will be guaranteed for a period of six months from the date of this letter and then are then subject to change. An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price for a period of 30 days from the invoice at no cost. We will do our best to communicate with you regarding credit availability and future pricing outside of the six-month price guarantee and request that you also communicate with us on your timing and intention to purchase the credits. Wildlands Holding III, LLC · Wildlands Engineering, Inc · 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at 205-807-0800 or ihazelhoff@wildlandseng.com if you have any questions or need any additional information. Sincerely, Ian M. Hazelhoff Wildlands Engineering, Inc. Land Acquisition and Mitigation Development ihazelhoff@wildlandseng.com O: (704) 332-7754 ex. 120 M: (205) 807-0800 Attachments: Bryan Property WMU Statement of Availability Wildlands Holding III, LLC · Wildlands Engineering, Inc · 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 Statement of Availability April 24, 2018 Louis J. Bryan c/o Andrew M. Bryan 1805 New Bethel Church Road Garner, NC 27529 RE: Availability of Riparian Wetlands Credits for the Bryan Property project Bank Name: Falling Creek Stream and Wetland Mitigation Bank Bank Sponsor: Wildlands Holdings, III, LLC Riparian WMU Credits Available: 32.11 Riparian WMU Credits Needed: 0.254 Neuse 03020201 River Basin Dear Louis: Wildlands Holdings III, LLC has the above mentioned Riparian Wetland Credits credits from the Falling Creek Stream and Wetland Mitigation Bank to satisfy the mitigation requirements related to the above mentioned project. The project is located within the service area (HUC 03020201) of the Bank. Credits may be reserved for a period of 12 months upon the receipt of a non-refundable deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then subject to change. An invoice for this transaction will be sent upon your request and we will reserve the credits and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided – it is not a reservation of credits. Credits will be sold on a first come, first serve basis. Upon receipt of full payment, Wildlands will execute the Compensatory Mitigation Responsibility Transfer Form and send it to the applicable parties at the US Army Corps of Engineers. Wildlands Holding III, LLC · Wildlands Engineering, Inc · 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at 205-807-0800 or ihazelhoff@wildlandseng.com if you have any questions or need any additional information. Sincerely, Ian M. Hazelhoff Wildlands Engineering, Inc. Land Acquisition and Mitigation Development ihazelhoff@wildlandseng.com O: (704) 332-7754 ex. 120 M: (205) 807-0800 Attachments: Bryan Property WMU Price Commitment letter Sage E cological Serv ices , Inc .Office: 919-335-6757Cell: 919-559-1537 Figure 1USGS Topographic Map Bryan Property Sage Project #2017.37 Garner N C QuadrangleUSGS Topography, D ecember 2013May 22, 2017 Map Location WAKE JOHNSTON HARNETT NASH CHATHAM LEE WAYNE DURHAM WILSON FRANKLIN SAMPSON Projec t Study Area ³ 0 1,000500Feet Sage E cological Serv ices , Inc .Office: 919-335-6757Cell: 919-559-1537 Figure 2NRCS Soils Map Bryan Property Sage Project #2017.37 USD A Soil SurveyWake C ounty S heet 86 & 87May 22, 2017 Map Location WAKE JOHNSTON HARNETT LEE CHATHAM DURHAM NASH FRANKLIN WAYNE WILSON Projec t Study Area ³ 0 500250Feet NCNHDE-5823 April 17, 2018 David Gainey Sage Ecological Services 10411 NC 96 Zebulon, NC 27597 RE: Bryan Road Residential Subdivision; 2017.37 Dear David Gainey: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one-mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Bryan Road Residential Subdivision Project No. 2017.37 April 17, 2018 NCNHDE-5823 Element Occurrences Documented Within Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Freshwater Bivalve 13799 Alasmidonta heterodon Dwarf Wedgemussel 2016-11-03 BC 3-Medium Endangered Endangered G1G2 S1 Freshwater Bivalve 8700 Alasmidonta undulata Triangle Floater 2016-07-29 A 3-Medium Species of Concern Threatened G4 S3 Freshwater Bivalve 7828 Elliptio roanokensis Roanoke Slabshell 2016-12-23 E 3-Medium Species of Concern Special Concern G3 S3 Freshwater Bivalve 11695 Fusconaia masoni Atlantic Pigtoe 2016-07-29 AB 3-Medium Species of Concern Endangered G2 S3 Freshwater Bivalve 52 Lampsilis radiata Eastern Lampmussel 2016-11-01 E 3-Medium ---Threatened G5 S3 Freshwater Bivalve 14759 Strophitus undulatus Creeper 2016-07-29 E 3-Medium ---Threatened G5 S3 Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating NEU/Swift Creek Aquatic Habitat R2 (Very High)C3 (High) Managed Areas Documented Within Project Area* Managed Area Name Owner Owner Type Wake County Open Space Wake County: multiple local government Local Government City of Raleigh Open Space City of Raleigh Local Government Town of Garner Open Space Town of Garner Local Government *NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on April 17, 2018; source: NCNHP, Q2 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Bryan Road Residential Subdivision Project No. 2017.37 April 17, 2018 NCNHDE-5823 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Dragonfly or Damselfly 32043 Coryphaeschna ingens Regal Darner 2004-Pre H?5-Very Low ---Significantly Rare G5 S2? Freshwater Bivalve 13799 Alasmidonta heterodon Dwarf Wedgemussel 2016-11-03 BC 3-Medium Endangered Endangered G1G2 S1 Freshwater Bivalve 8700 Alasmidonta undulata Triangle Floater 2016-07-29 A 3-Medium Species of Concern Threatened G4 S3 Freshwater Bivalve 7828 Elliptio roanokensis Roanoke Slabshell 2016-12-23 E 3-Medium Species of Concern Special Concern G3 S3 Freshwater Bivalve 11695 Fusconaia masoni Atlantic Pigtoe 2016-07-29 AB 3-Medium Species of Concern Endangered G2 S3 Freshwater Bivalve 52 Lampsilis radiata Eastern Lampmussel 2016-11-01 E 3-Medium ---Threatened G5 S3 Freshwater Bivalve 14759 Strophitus undulatus Creeper 2016-07-29 E 3-Medium ---Threatened G5 S3 Reptile 35533 Ophisaurus attenuatus Slender Glass Lizard 1977 H 4-Low ---Significantly Rare G5 S2 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating NEU/Swift Creek Aquatic Habitat R2 (Very High)C3 (High) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Wake County Open Space Wake County: multiple local government Local Government City of Raleigh Open Space City of Raleigh Local Government Town of Garner Open Space Town of Garner Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on April 17, 2018; source: NCNHP, Q2 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 Powered by TCPDF (www.tcpdf.org) Page 4 of 4 270 275 280 271 272 273 274 276 277 278 279 28 5 290 281 282 283 28 4 2 8 6 28 7 288 289 2 9 1 2952 9 2 29 3 294300296 297 2982993013023032 58 260265261262263264270275280266267268269271272273274276277278279285281282283284285284278280285280 285 281 282 283 284 286 290 287 288 289 291 292 293 295294 296297298299299299300300300 301 301301 302260265261262263264270 275 266 267268 269 271 272273274280 276 277 278 279 281 28 5 2 8 2 28 3 28 4 28 6 28 7 2802772 7 8 279281270275271272273274265264266267268269265270262263264266267268269276 277 278 270275269 271272273274275 274 276 277278 26527026626726826927127227327426527027526426626726826927127227327427627728028529027827928128228328428628728828929128028529029530028128228328428628728828929129229329429629729829930030130230330427 0 27 1 275 280 285 272 273 274 276 277 278 279 281 282 283 284 286 290 295 287 288 289 291 292 293 294 300 296 297 298 299 301 302 3 03256260265270275280285266267268269271272273274276277 278 279 281 282 283 28428628728828928 5 28 4 285 28 4 265270275266267268269271272273274 260260 265 261 261 262 262 263 263 264 264 266 267 2702752712722732742702752712722732742762772662662 6 0 2 5 9 260265270275280285261262263264266267268269271272273274276277278279281282283284286287288289303300300295295295290290285285280280277292291289288286287281282283284CLIFFORD GROVE SUBDIVISION BRYAN ROAD - SR 2707AXIS DEER LANE EXISTING WETLAND EXISTING 50' STREAM BUFFER EXISTING 50' STREAM BUFFER EXISTING 50' STREAM BUFFER PERENNIAL STREAM PERENNIAL STREAM PERENNIAL STREAM INTERMITTENT STREAM PROPERTY LINE (TYP.)PROPERTY LINE (TYP.)CLIFFORD GROVE SUBDIVISION PECAN HARVEST DR (60' PUBLIC R/W) N/F JAMES DAVIS PIN 1629-06-6520 DB 16601 PG 2759 ZONED R-15 SINGLE FAMILY N/F CLAUDIA YOUNG PIN 1629-06-5386 DB 16641 PG 212 ZONED R-15 VACANT N/F THE RYLAND GROUP INC PIN 1629-06-5204 DB 14829 PG 2305 ZONED R-15 VACANT N/F JONATHAN BLASCO PIN 1629-06-6663 DB 16598 PG 725 ZONED R-15 SINGLE FAMILY N/F BENJAMIN PETERSEN PIN 1629-06-6777 DB 16632 PG 223 ZONED R-15 SINGLE FAMILY N/F CALATLANTIC GROUP, INC PIN 1629-07-6083 DB 16173 PG 2037 ZONED R-15 HOA N/F CALATLANTIC GROUP, INC PIN 1629-07-7247 DB 16173 PG 2037 ZONED R-15 VACANT N/F STEVEN OWENS PIN 1629-07-7501 DB 15564 PG 1009 ZONED R-40 VACANT N/F WAKE COUNTY BOARD OF EDUCATION PIN 1629-17-280 DB 13625 PG 1724 ZONED R-40 N/F STEVEN OWENS PIN 1629-16-6775 DB 15564 PG 996 ZONED R-40 VACANT N/F MICHAEL SIMPSON PIN 1629-16-4459 DB 16352 PG 728 ZONED R-40 SINGLE FAMILY NORTH 0 SCALE: 1" = 60'60'120' 60' 301 GLENWOOD AVE. 220 RALEIGH,NC 27603 PHONE: 919-367-8790 FAX: 919-322-0032 License # C-1739 www.cegroupinc.com BRYAN PROPERTY SUBDIVISION EXISTING CONDITIONS PLAN GARNER, NC OVERALL ACREAGE ±18.055 AC EXISTING WETLAND ±0.269 AC EXISTING PERENNIAL STREAM ±722 LF EXISTING INTERMITTENT STREAM ±579 LF SSSSS8''WM8''WM8''WM8'' W M8''WM8''WM8' 'WM8' 'WM8' 'WM8' 'WM8' 'WM8''WM8''WM8''WM8''WM8''WM8''WM8''WM8''WMSS4 7 8 9 10 40 1 2 3 5 6 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SSSSSSSSSSS SSSSSSS SSSSSS8''WM 8''WM 8''WM 8''WM 8''WM 8''WM 8''WM STORM WATERMANAGEMENTPONDEXISTING POND AXIS DEER LANE CROSSING #1 SUTTON SPRING SUBDIVISION N/F STEVE OWEN N/F MICHAEL SIMPSON CLIFFORD GROVE SUBDIVISION BRYAN ROAD - SR 2707UTILITY IMPACT #2 BRYAN PROPERTY SUBDIVISION AXIS DEER LANE NORTH 0 SCALE: 1" = 60'60'120' 60' 301 GLENWOOD AVE. 220 RALEIGH,NC 27603 PHONE: 919-367-8790 FAX: 919-322-0032 License # C-1739 www.cegroupinc.com BRYAN PROPERTY SUBDIVISION OVERALL SITE PLAN GARNER, NC BRYAN PROPERTY SUBDIVISION TOTAL LOTS = 40 TOTAL SITE AREA = 18.055 ACRES 786,455 SF TOTAL IMPERVIOUS AREA = 232,841 SF TOTAL IMPERVIOUS PERCENTAGE =29.61% ZONE 1 UTILITY IMPACT 243 SF ZONE 2 UTILITY IMPACT 204 SF IMPACT TOTALS SUMMARY ZONE 1 ROAD IMPACT 9,267 SF ZONE 2 ROAD IMPACT 4,977 SF WETLAND ROAD IMPACT 5,533 SF WETLAND CONST EASEMENT IMPACT 913 SF PERMANENT STREAM IMPACT 697 SF 127 LF TEMPORARY STREAM IMPACT 110 SF 22 LF 26 0 260259260 265 270 275 261 262 263 264 266 267 268 269 271 272 273 274 276 277 278 SSSSZONE 2 ROAD IMPACT 2,624 SF ZONE 2 ROAD IMPACT 2,353 SF ZONE 1 ROAD IMPACT 4,560 SF ZONE 1 ROAD IMPACT 4,707 SF PERMANENT STREAM IMPACT 697 SF WETLAND ROAD IMPACT 5,533 SF STREAM TEMPORARY CONSTRUCTION IMPACT 59 SF STREAM TEMPORARY CONSTRUCTION IMPACT 51 SF 8''WM8''WM8''WM8''WM8''WM8''WM8''WM8''WM8''WM8''WM8''WM8''WM8''WM8" WATER MAIN8" SANITARY SEWER5' CONC. SIDEWALKWETLAND TEMPORARY CONSTRUCTION IMPACT 403 SF WETLAND TEMPORARY CONSTRUCTION IMPACT 510 SF 2 0 ' ZO N E 2 B U F F E R 3 0 ' ZO N E 1 B U F F E R 20' ZO N E 2 BUFFE R 30' ZO N E 1 BUFFE R 10 LF STREAM TEMPORARY CONSTRUCTION IMPACT 139 LF PERMANENT STRE A M I M P A C T 12 LF STREAM TEMPORARY CONSTRUCTION IMPACT NORTH0 SCALE: 1" = 30'30'60' 30' BRYAN PROPERTY SUBDIVISION GARNER, NC REVISIONS: AXIS DEER LANE CROSSING #1301 GLENWOOD AVE. SUITE 220 RALEIGH,NC 27603 PHONE: 919-367-8790 FAX: 919-322-0032 IMPACT TOTAL ZONE 1 ROAD IMPACT 9,267 SF ZONE 2 ROAD IMPACT 4,977 SF WETLAND ROAD IMPACT 5,533 SF WETLAND TEMP. CONST. IMPACT 913 SF STREAM PERMANENT IMPACT 697 SF 139 LF STREAM TEMP. CONST. IMPACT 110 SF 22 LF PLAN VIEW ZONE 1 ROAD IMPACT ZONE 2 ROAD IMPACT WETLAND ROAD IMPACT STREAM PERMANENT IMPACT WETLAND TEMPORARY CONSTRUCTION IMPACT STREAM TEMPORARY CONSTRUCTION IMPACT AXIS DEER LANE CROSSING H: 1" = 30' V: 1" = 3' 255 260 265 270 275 255 260 265 270 275 0 50 100 150 200 250 300 PROPOSED 10.5'(W)x26.3'(L)x24"(D) CLASS B RIP RAP 48" RCP INV=255.80 48" RCP INV=257.33 EXISTING STREAM BED PROPOSED (2) 48" RCP BURIED 12" DEEP TO PROVIDE AQUATIC PASSAGE PROPOSED ROADWAY PROPOSED HEADWALL PROPOSED 8" SANITARY SEWER PROPOSED 8" WATER MAIN 60' R/W EXISTING WETLAND EXISTING WETLAND PROPOSED 36" RCP PROPOSED HEADWALL BRYAN PROPERTY SUBDIVISION PL PL 0 SCALE: 1" = 30'30'60' 30' BRYAN PROPERTY SUBDIVISION GARNER, NC REVISIONS: AXIS DEER LANE CROSSING #1301 GLENWOOD AVE. SUITE 220 RALEIGH,NC 27603 PHONE: 919-367-8790 FAX: 919-322-0032 PLAN VIEW IMPACT TOTAL ZONE 1 ROAD IMPACT 9,267 SF ZONE 2 ROAD IMPACT 4,977 SF WETLAND ROAD IMPACT 5,533 SF WETLAND TEMP. CONST. IMPACT 913 SF STREAM PERMANENT IMPACT 697 SF 139 LF STREAM TEMP. CONST. IMPACT 110 SF 22 LF 258260265 261262 263 264 270275280 2662672682692712722732742762772782792702712752802852 72 2 7 3 2742762772782792812822 83 2 8 4 2 8 6 2 8 7 ZONE 2 UTILITY IMPACT 201 SF ZONE 1 UTILITY IMPACT 309 SF STORM WATER MANAGEMENT POND 30' ZONE 1 BUFFER 2 0 ' ZON E 2 BU F F ER 2 7 3 2 7 3 2 7 2 2 7 1 2 7 0 2 6 9 2 6 8 2 6 7 2 6 6 266266259 265 262 26525925926527827 4 273 272 271 270 269 268 267 266 265 264 260 259 261262278277276275274 NORTH0 SCALE: 1" = 30'30'60' 30' BRYAN PROPERTY SUBDIVISION GARNER, NC REVISIONS: UTILITY IMPACT #2301 GLENWOOD AVE. SUITE 220 RALEIGH,NC 27603 PHONE: 919-367-8790 FAX: 919-322-0032 IMPACT TOTALS ZONE 1 UTILITY IMPACT 309 SF ZONE 2 UTILITY IMPACT 201 SF PLAN VIEW ZONE 1 UTILITY IMPACT ZONE 2 UTILITY IMPACT