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HomeMy WebLinkAbout20040573 Ver 3_PCN Attachments_Forestville Village_20211008Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: ()19) 846-59M • Fax: (919) 846-9467 sandec.com AGENT AUTHORIZATION Project Name/Description: Forestville Village S&EC Project # 13966 Date: 7-15-21 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Samantha Dailey Field Office: Raleigh Regulatory Field Office I, the undersigned, 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. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 1754492629 Site Address: 0 Forestville Road City, County, State: Knightdale, Wake County, NC Name: JMRS One, LLC Mailing Address: 7208 Falls of Telephone Number: 919 — 218 — 8 8 7 8 Email: brad@jpmsouth. com Brad Whitehurst Applicant Applicant Signature Neuse Road, Suite 101 Raleigh, NC 27615 Date 7-15-21 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, ADAIR LN -roMMY DR a� o A J PEARLY DR SOR ^� TERRY a o `LSD 0 r�, r Pebblebr ..,, ook 00 3. T i�g ORE � TV/LLE RD Q 2 350 r V 0 a Maplewo►od o C� �; J � Knight Q1 Crossroad Bus 64 MASSEY FARM RD ? c� NC C nter fy-Geogr' aphic.lnfo" rmation &Analysis Project Number: 13966.W1 Map Title: N 0 1,000 2,000 Figure 1- USGS Map I I I I I I Project Manager: SB Forestville Road Wake County, NC Feet Scale: 1 " = 1000' Source: 2019 NC Zebulon Quad Soil &Environmental Consultants, PA 8412 Fa11s ofN.—Road, 6°i. 104,Raleigh,NC27615-Ph ... :(919) 846-5900•Fn (919)846-9467 d°L°°m Date: 08/14/2019 IN �o LoB .' r., v �. Cn APC LoC Me ApB2 Wm62 to VVy o ApC2 ` i L*C' ;' " e LOB APC2 yy p� APB mN. LOB LoC rLcB ; L Au LoC LoB C, l c ApB2 LoB Cn vo U Y. Lob .� �; WnmC2 D Lw6 Wy c / Q C� \ C /' Q0 A P62 Q ' LwC uC2WmC? l ApC2 C LoD k LwB m a ApC2 ,Lo .0LAB 8 Me �,`�:', L 'C G u y PB WY • DuB ApB2 Cn _ LOB t l„ v DuB2\�R 0 f oC'U V9 AP82 DuB AP82 P Ap132 ' O ' Lo\W0 U ApB DuB aB2 �y { \ ' V Ai c(' 0 Cn qp AP B N l n APBi DuC LoC A B2 APB APBC n '. P At. 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SAW-2019-00978 County: WAKE U.S.G.S. Quad: KNIGHTDALE NOTIFICATION OF JURISDICTIONAL DETERNIINATION Applicant/Property Owner: MeritaLc Homes Mr. Kirby Laforce Address: 6604 Mountain Oaks Wav Wake Forest, North Carolina 27587 Authorized Agent: Timmons Group Ms. Robin Perez Address: 5410 Trinity Road, Suite 102 Ralei!h, North Carolina 27607 Size (acres) —35 Nearest Town Knightdale Nearest Waterway Beaverdam Creek River Basin Neuse River USGS HUC 03020201 Coordinates Latitude: 35.806640 Longitude:-78.475646 Location description: The project area is identified as an approximate 35 acre tract of land, located on Wake County parcel 1754585927. This parcel is located at 0 Forestville Road, Knightdale, Wake County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 U.S., including wetlands, on 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. Page 1 of 2 SAW-2019-00978 Old Knight Road _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (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 property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha Dailey at 919-554-4884, ext. 22 or by email at Samantha.J.Daileynusace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: Refer to the enclosed Preliminary JD Form and Figure 6. Wetlands and Waters of the U.S. Delineation Map dated 5/29/2019 for a detailed evaluation of the aquatic resources on -site. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 SAW-2019-00978 Old Knight Road In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. DAI LEY.SAMANTH 9 Y signed by Di stall si n DAI LEY.SAMANTHA.J.1387567948 Corps Regulatory Official: Date: March 6, 2020 All387567948 Date: 2020.03.06 15:02:15 -05'00' Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hllp://corpsmilpu.usace.army.mil/cm_apex/Pp=136:4:0. SAW-2019-00978 Old KniEht Road NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Merita a Homes File Number: SAW-2019-00978 Date: March 6 2020 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.anny.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2019-00978 Old Knight Road E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or If you only have questions regarding the appeal process you may also the appeal process you may contact: contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: Samantha Dailey U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 1OM15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: #PM_FULLNAME#, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPENDIX 2 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): March 6, 2020 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Applicant/Property Owner: Meritage Homes Mr. Kirby Laforce Address: 6604 Mountain Oaks Wav Wake Forest, North Carolina 27587 Authorized Agent: Timmons Group Ms. Robin Perez Address: 5410 Trinity Road, Suite 102 Raleigh, North Carolina 27607 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Old Knight Road, Meritage Homes, Wake County, SAW-2019-00978 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake County City: Knightdale Center coordinates of site (lat/long in degree decimal format): Lat. 35.806640°N, Long.-78.47564' W. Universal Transverse Mercator: Name of nearest water body: Beaverdam Creek (Meuse River 03020201) E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): July 23, 2019 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Geographic Estimated Amount of authority to which Aquatic Resources in Type of aquatic the aquatic Site Number Latitude (°N) Latitude (°W) Review Area resourcei.e. ( resource "may be" wetland vs. non- subject (Le. Section Linear wetland) 404 or Section Feet Acres 10/404 Stream A 35.80804 -78.4756 679 Non -Wetland Section 404 Stream B 35.80775 -78.4771 314 Non -Wetland Section 404 Stream C 35.80643 -78.4771 346 Non -Wetland Section 404 Wetland E 35.80845 -78.4777 0.11 Wetland Section 404 Open Water E 35.80845 -78.4777 0.45 Non -Wetland Section 404 Wetland F 35.80681 -78.4773 0.59 Wetland Section 404 Wetland G 35.80763 -78.4757 0.02 Wetland Section 404 Wetland H 35.8080 -78.4740 0.26 Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be " waters of the U.S. and/or that there "may be " navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply): Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor. Timmons Group submitted Jurisdictional Determination Request on May 31, 2019, with revisions received on July 26, 2019. ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:241C, NC-Knightdale ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: July 2019. ® National wetlands inventory map(s). Cite name: SAW Regulatory Viewer: July 2019 ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): . or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. DAILEY.SAMAN Digitally signed by DAI LEY.SAMANTHA.J.1387 THA.J.1387567 567948 Date: 2020.03.06 14:59:38 948 -0s00' Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is Impracticable) i Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. �11[0ZlNJI�710LOT:1:1Pq I Ii.A. . . � � ..�.y1,r, - I1lll„_♦1 1 / 1 ' / "`'^ �I '! 'r''r' ',`" `�'�'_ .� > ♦- �`♦ i \ 1' l � � I r Il ; \ \ � 4I I �_ ! - - t� -SsF C ` r� 11 ,- / �JI /� �/l �'� ik� I `,, i _ 1 n," /�u�+�p1 . ��'��f Ll� I �C , 1 r '1 ♦ .l�e�Wa _ s" �j,{ �{ - i1': ,'',- ! ' ,' \�♦{�, r VI, - ' f I f I , i 1 I - � '` \ _ lr i`(�. 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I!"0.� ! ! l' Bob Zarzecki From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Sent: Friday, October 18, 2019 11:19 AM To: Steven Ball Subject: SAW-2019-01906 Forestville Road at Old Knightdale Follow Up Flag: Follow up Flag Status: Flagged Hi Steven, I have reviewed the above referenced JD package and concur with your delineation, and more specifically, the Wetland Sketch Map dated 08/14/2019. This map may be used for planning purposes and avoidance and minimization efforts but should not be used in -lieu of a jurisdictional determination. The Corps Action ID is: SAW-2019-01906. Please reference this number on all future correspondence. Sincerely, Sam Samantha Dailey Regulatory Project Manager U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 22 Samantha.j.dailey@usace.army.mil 1 5\ \ \ N \ f i 1 � r�"-ti \ ♦.\1� ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Eve Beasley Jane Suggs 1507 Trailwood Dr. Raleigh, NC 27606 NORTH CAROLINA Environmental Quality July 1, 2019 Subject: Buffer Determination Letter Determination Date: 6/14/2019 Staff: Zach Thomas RRO #19-177 Wake County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Old Knight Road Property Address/Location: 0 Forestville Road, Knightdale, NC (Corner of Old Knight Rd & Forestville Rd) Stream(s): Beaverdam Creek D. E QNorth� Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 �� /� 919.791.4200 Feature Timmons WTDm E/l/P(r) Not Subject Start@ Stop@ Soil SurveyLabel USGS Subject(Z) Topo A/D From Stream A X (Approx. X 35.80795759,-78.47473273) to Confluence with Pond 1 C (Approx. (Approx. Stream B LT X 35.806015, - 35.806826, - X 78.476922) 78.477295) B (Approx. Conf. with Stream B 1/P X 35.807384) - Stream A X 78.477246) Pond 1 X X X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NA=Not Applicable (2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(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 feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer rules. There may be other streams located on the properly that do not show up on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 0213, and may be 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 that dispute a determination made by the DWR may request a determination by the Director. An 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 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 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 regarding this determination, please feel free to contact: Zachary Thomas at (919) 791-4247. c Sincerely, nn ll�V r 1 Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: RRO DWR File Copy Robin Perez, Timmons Group: (via email: robin.perez@timmons.com) Morgan Gilbert, Timmons Group: (via email: morgan.gilbert@timmons.com) Old Knight Road Property Wake County, NC-DWR Project # 19-177 Pond 1 SUBJECT DuB2 "-LA9 " Stream B (Timmons B) SUBJECT @ (Approx. 35.807384, - 78.477246) -INNE MM- Stream B (Timmons C) SUBJECT From (App. 35.806015,-78.476922) To (App. 35.806826,-78.477295) G B O " Stream A (Timmons A/D) SUBJECT @ (Approx. 35.80795759, -78.47473273) NRCS Soil Survey Wake Co., NC Sheet 51, 1970 y :: Locations are approximate Legend: and are provided for refer- -Approx. _ -A rox. enceonly :: pp project O Old Knight Road Property Wake County, NC-DWR Project # 19-177 USGS Topographical Map Mny xi o3 Knightdale Quadrangle 2016 �, :: Locations are approximate Legend: — and are provided for refer- ' ence only:: -Approx. Project boundary " ��� �• HOLDINGSOO Neuse 01 Riparian Buffer Credits Statement of Availability October 8, 2021 JRMS One, LLC Attn: Mr. Brad Whitehurst 7208 Falls of Neuse Road, Suite 101 Raleigh, NC 27615 RE: Availability of Riparian Buffer Credits for the "Forestville Village" project Bank Name: North Fork Little River Nutrient Offset & Buffer Bank Bank Sponsor: Wildlands Holdings V, LLC DWR Project Number: 2016-0130 Permittee: JRMS One, LLC Riparian Buffer Credits Needed: 27,756 sq. ft. Riparian Buffer Credits Available: 47,902.72 sq. ft. Neuse 03020201 River Basin (Upper Falls Watershed) Dear Mr. Whitehurst, Wildlands Holdings V, LLC currently has sufficient riparian Buffer credits from the North Fork Little River Nutrient Offset & Buffer Bank to satisfy the riparian buffer mitigation requirements related to the above -mentioned project. The project is located within the service area (HUC 03020201 Upper Falls Watershed) of the Bank. This letter is simply a statement of availability of credits as of the date written. Although current inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price quoted for a period of 30 days from the invoice at no cost. Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification Authorization Certificate from the NC Department of Environmental Quality approving the Riparian Buffer mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings V, LLC. We will then issue a credit transfer certificate verifying your credit purchase to the North Carolina Division of Water Resources and to you for your records We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or.avarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings V, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HOLDINGSOO Sincerely, Ashley N. Yarsinske Wildlands Engineering, Inc. Marketing & Credit Sales avarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Ms. Katie Merritt, Nutrient Offset & Buffer Banking Coordinator I NC Division of Water Resources Mr. Camden Brunick, Environmental Scientist I Soil & Environmental Consultants, PA Wildlands Holdings V, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HWILD oiNGsOO Wetland Mitigation Statement of Availability October 8, 2021 JRMS One, LLC Attn: Mr. Brad Whitehurst 7208 Falls of Neuse Road, Suite 101 Raleigh, NC 27615 RE: Availability of Riparian Wetland Credits for the "Forestville Village" project Bank Name: Falling Creek Umbrella Mitigation Banking Instrument Bank Site: McClenny Acres II Mitigation Site Bank Sponsor: Wildlands Holdings III, LLC USACE Action ID No. SAW-2017-02527 Riparian Wetland Credits Needed: 0.53 acres Riparian Wetland Credits Available: 5.24 acres Neuse 03020201 River Basin Dear Mr. Whitehurst, Wildlands Holdings III, LLC has the above -mentioned riparian wetland credits from the Falling Creek Umbrella Mitigation Banking Instrument: McClenny Acres II Mitigation Site 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 6 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 nor a guarantee of price. Credits will be sold on a first come, first serve basis. Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within the completed 404 permit. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or.avarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HWILD oiNGsOO Sincerely, Ashley N. Yarsinske Wildlands Engineering, Inc. Marketing & Credit Sales avarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Mr. Camden Brunick, Environmental Scientist I Soil & Environmental Consultants, PA Ms. Samantha Dailey, Regulatory Project Manager I USACE Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 t P J i INN a NOSAAV I m W W M tz O LL LL N zCD U5c� co J- I I o Mw Y2 �U Q U 3 W o 2 W �