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HomeMy WebLinkAbout20160243 Ver 1 - Sweetwater Sub_NWP 29 PCN_complete_03.04.16 - 3/9/2016jj WithersRavenel / Our People. Your Success. 1410 Commonwealth Drive, Suite 101 Wilmington, North Carolina 28403 t: 910.256.9277 1 f: 910.256.2584 TO: NC Division of Water Resources 512 N. Salisbury Street; 9th Floor Raleigh, NC 27604 WE ARE SENDING YOU ® Attached ❑ Shop Drawings ❑ Prints ❑ Copy of Letter ❑ Change order Letter of Transmittal 03/04/16 02140249.00 Ms. Karen Higgins Sweetwater Subdivision - Apex, NC NWP 29 PCN Submittal the following ❑ Under separate cover via items: ❑ Plans ❑ Samples ❑ Specifications ❑ Diskette ❑ COPIESDATE NO. DESCRIPTION 4 03/04/16 02140249.00 NWP 29 PCN 1 03/04/16 02140249.00 Check for $570 Application Fee 1 03/04/16 02140249.00 CD of PCN THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit ❑ For your use ❑ Approved as noted ❑ Submit ❑ As requested ❑ Returned for corrections ❑ Return ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER copies for approval copies for distribution corrected prints REMARKS: L Q5 U'- Iy'Ni�r D 8 2016 -WAT R COPY TO: File SIGNED: If enclosures are not as noted, kindly notify us at once. ■0 WikhersRavenel NOOur People. Your Success. March 4, 2016 US Army Corps of Engineers NC -Division of Water Resources Regulatory Field Office 401 & Buffer Permitting Unit Mr. James Lastinger Ms. Karen Higgins 3331 Heritage Trade Drive 1617 Mail Service Center Suite 105 Raleigh, North Carolina 27699 Wake Forest, NC 27587 Re: Sweetwater Subdivision - Apex, Wake County NWP 29 PCN Submittal Corps AID: SAW -2014-02171 WR Project #02140249.00 Dear Mr. Lastinger and Ms. Higgins, On behalf of Experience One Homes, LLC, we are requesting authorization from the USACE to use NWP 29 for 0.14 acres of permanent wetland impacts and 281 If of permanent stream impacts for construction of the proposed subdivision. We are also requesting a 401 WQC from NCDWR for the above referenced impacts. The project is ±151 acres in size and is located at 3121 US 64 Hwy West, south of the intersection of US 64 Hwy and Jenks Road in Apex, Wake County (Latitude: 35.7380°N; Longitude: - 78.9157°W). The project is located in the Cape Fear River basin (Jordan Lake watershed) and onsite waters drain to Reedy Branch. The Water Quality Classification for Reedy Branch is WS -V; NSW and the Stream Index Number is: 16-41-10-1. The cataloging unit for the site is 03030002. Proposed Project The purpose of the proposed project is to construct a residential subdivision to meet the demand for single family residential housing in Apex. The proposed project consists of the construction of a 418 lot residential subdivision, including 62 townhomes, 356 single family lots, an amenity center and associated infrastructure including roads, utilities and stormwater management. The planned use for the northern portion of the property will be commercial use (i.e. retail, offices, etc), which will be constructed in the future. At this time, the final design of this area has not been finalized. However, there are no jurisdictional features within the Future Commercial areas, and additional impacts/permitting will not be required for construction within this area. Please note that there are no proposed activities in southeastern parcel shown on the Overall Exhibit. The wetlands, streams and buffers on this parcel have been delineated; however, this area was not included in the Jurisdictional Determination for the proposed project. Due to the issues with streams and buffers on this parcel, as well as issues with accessibility, this area has been designated as Open Space, and there is no development proposed on this parcel. 1410 Commonwealth Drive, Suite 1011 Wilmington, NC 28403 t: 910.256.9277 1 f: 910.256.2584 1 www.withersravenel.com I License No. C-0832 Cary I Greensboro I Pittsboro I Raleigh I Wilmington Sweetwater Subdivision Project History 40 WithersRavenel. Our People, Your Success. James Lastinger with the Corps of Engineers preliminarily approved the wetland delineation during a field review on 11/24/14 (SAW -2014-02171), which is documented in an email, dated 11/26/14. The email has been has been provided as an Appendix. We are requesting issuance of the Jurisdictional Determination in conjunction with issuance of the NWP 29. The JD Inventory Table has been included as an Appendix. The Town of Apex issued a Buffer Determination Letter for the proposed project on 10/24/14 (Apex project #14-014). The Town of Apex Buffer Determination Letter has been provided as an Appendix. Please note that impacts to riparian buffers will be permitted by the Town of Apex. Proposed Impacts The proposed impacts consist of 0.14 acres of permanent wetland impacts and 281 If of permanent stream impacts. The proposed 0.14 acres of permanent wetland impacts (Impact #5) will occur from construction of Lots 243 through 248, which will result in the removal of the entire Wetland B. Wetland B is a small wetland within the upper reach of a natural crenulation. The hydrology of Wetland B is provided primarily by discharge from an upstream non -jurisdictional pond, as well as runoff from the surrounding uplands during rain events. The proposed 281 If of permanent stream impacts will occur from construction of road crossings. Impact #1 (±209 If) will occur to Reedy Branch, which is a perennial stream. This crossing is necessary to connect the proposed project to the existing Timken Forest Drive within the Abbington subdivision to the east. This connection is a requirement by the Town of Apex as a condition of the site plan approval. Additionally, the connection to Timken Forest Drive will allow for interconnectivity with the Abbington subdivision, allowing access to the future commercial development area without having to access US 64 Hwy. During installation of the culvert, a bypass channel will be constructed to maintain flow until the flow is directed through the culvert. Impact #3 (±81 If) will occur to an intermittent unnamed tributary to Reedy Branch, which has been designed to cross the stream at a perpendicular angle. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent stream impacts have been minimized to only those impacts necessary to construct roads. Road crossings have been designed to cross the streams at as close to perpendicular angles as possible. Additionally, retaining walls have been utilized for the Reedy Branch crossing (Impact #1) and UT to Reedy Creek crossing (Impact #3) to stabilize road fill and minimize impacts. Page 2of4 Sweetwater Subdivision 40 WithersRavenel. Our People, Your Success. The proposed location of the crossing for Reedy Branch (Impact #1) was dictated by both the existing terminus of Timken Forest Drive, as well as the significant sinuosity of Reedy Branch. Reedy Branch is very sinuous in the general location of the proposed crossing, and a perpendicular crossing at a straight section of the stream could not be achieved. The proposed location actually represents the least linear footage of impacts of all of the alignments explored. The proposed alignment also allows for the best alignment of the culvert for capturing and discharging the flow of Reedy Branch. Alternative alignments would have resulted in either the flow into or out of the culvert to occur at very sharp angles, which would have required armoring of the stream bed and banks to prevent erosion. However, the culvert alignment within the proposed crossing will actually allow the intake and outfall flows to be relatively straight, decreasing the potential for erosion and preventing the need for armoring with rip -rap, further minimizing impacts. The proposed 0.14 acres of permanent wetland impacts (Impact #5) to Wetland B will occur from construction of lots 243 through 248, as well as fill for construction of Brown Velvet Lane and Hass Avenue. Wetland B consists of a small wetland (0.14 acres) within a natural crenulation below a non -jurisdictional pond. The hydrology of Wetland B is provided primarily from discharge from the upstream non -jurisdictional pond, as well as runoff from surrounding uplands during rain events. The upstream non -jurisdictional pond will be filled as part of the proposed development, which will remove the primary source of hydrology for Wetland B. The proposed development will also redirect all runoff away from Wetland B, as all stormwater runoff must be captured in the stormwater management system and treated prior to discharge. Even if impacts to Wetland B were minimized to only impacts necessary for the road fill, the hydrologic source would be completely removed, and the remaining portion of Wetland B would eventually dry up and become uplands. Therefore, it was determined that the integrity and long term viability of Wetland B could not be maintained in the post -development condition, and the functional value of Wetland B would be better served by providing mitigation within a regionally significant mitigation bank. Furthermore, Lots 243 through 248 are needed to offset development costs associated with the project and offsite improvements. The loss of these lots would significantly affect the feasibility of the project. Impacts have been further minimized by designing the sewer line crossings depicted on Map B and Map D to be installed via bore and jack to avoid temporary stream impacts at these crossings. Mitigation Stream Mitigation The applicant proposes to mitigate for the 289 If of permanent stream impacts at 2:1 ratio by purchasing a total of 578 If of stream mitigation credits. WR contacted mitigation banks within the Cape Fear 0303002 basin and there was no stream mitigation available in any mitigation banks servicing this basin. Therefore, the applicant will provide the proposed stream mitigation through the purchase of 578 If of stream mitigation creditsfrom NCDMS. Acopyof the Letter of Acceptance from NCDMS has been provided as an Appendix. Page 3 of 4 Sweetwater Subdivision Wetland Mitigation 40WithersRavenel Our People. Your Success. The applicant proposes to mitigate for the 0.14 acres of permanent wetland impacts through the purchase of mitigation credits at a 2:1 mitigation ratio, resulting in the purchase of 0.28 acres of riparian wetland mitigation. The applicant proposes to purchase the 0.28 acres of wetland mitigation from Restoration Systems, LLC in the Cripple Creek Stream & Wetland Mitigation Bank (Restoration Systems, LLC). A copy of the Letter of Availability from Restoration Systems, LLC has been provided as an Appendix. Stormwater Management Plan The stormwater management plan consists of three wet detention ponds that will discharge into level spreaders and vegetated filter strips, which will achieve 90% TSS and nitrogen removal. The stormwater management plan will be reviewed and approved by the Town of Apex. The current request is for 0.14 acres of permanent wetland impacts and 281 If of permanent stream impacts (see the attached maps and PCN for details). Please feel free to contact me if you have questions or require additional information to complete your review. Sincerely WithersRavenel Troy Beasley Senior Environmental Scientist Attachments: • PCN Form • Agent Authorization • USGS Quad • Wake County Soil Survey • Approved Wetland Delineation Exhibit • Town of Apex Buffer Determination Letter • Corps Email Approving Wetland Delineation • NCDMS Letter of Acceptance for Stream Mitigation • Restoration Systems. LLC Letter of Availability for Wetland Mitigation • Impact Exhibits Page 4 of 4 C)�0� W ALc, r G1 MIMWc Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 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 1b. Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number: 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 1 h 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: Sweetwater Subdivision 2b. County: Wake 2c. Nearest municipality / town: Apex 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: See Owner Information & Parcels Exhibit in Appendices 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Contract Purchaser 4b. Name: David Schmidt — Manager 4c. Business name (if applicable): Experience One Homes, LLC 4d. Street address: PO Box 5509 4e. City, state, zip: Cary, NC 27512 4f. Telephone no.: 919-991-1402 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910-256-9277 5f. Fax no.: 910-256-2584 5g. Email address: tbeasley@withersravenel.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PINs: 0722439900; 0722446225; 0722422603; 0722550104;0722544883 1 b. Site coordinates (in decimal degrees): Latitude: 35.7380°N Longitude: - 78.9157 (DD.DDDDDD)-DD.DDDDDD) 1 c. Property size: ±151.5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Reedy Branch (Stream Index: 16-41-10-1) proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW 2c. River basin: Cape Fear/ Jordan Basin (H UC: 03030002) 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 project area currently consists primarily of undeveloped woodlands, within interspersed residences. The land use in the general vicinity consists of residential and commercial uses. 3b. List the total estimated acreage of all existing wetlands on the property: ±0.37 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ±6,379 If 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivision to meet the growing demand for single family residential housing in Apex. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists of the construction of a 418 lot residential subdivision, consisting of 62 townhomes and 356 single family lots, an amenity center and associated infrastructure, including roads, utilities and stormwater management. Standard commercial construction equipment and techniques will be used to construct the proposed project. The northern portion of the property will consist of commercial development (i.e. retail, offices, etc.), which will be constructed in the future. At this time, the final design of this area has not been finalized. However, there are no jurisdictional features within the Future Commercial areas, and additional impacts/permitting will not be required for construction. Please note that there are no proposed activities in southeastern parcel shown on the Overall Exhibit. The wetlands, streams and buffers on this parcel have been delineated, however, this area was not included in the Jurisdictional Determination for the proposed project. Due to the issues with streams and buffers on this parcel, as well as issues with accessibility, this area has been designated as Open Space, and there is no development proposed on this parcel. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: WithersRavenel Name (if known): Troy Beasley/Martin Richmond Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. James Lastinger with the Corps of Engineers preliminarily approved the wetland delineation during a field review on 11/24/14 (SAW -2014-02171), which is documented in an email, dated 11/26/14, which has been provided as an Appendix. We are requesting issuance of the JD in conjunction with issuance of the NWP 29. The JD Inventory Table has been included as an Appendix. The Town of Apex issued a Buffer Determination Letter for the proposed project on 10/24/14 (Apex project #14-014). The Town of Apex Buffer Determination Letter has been provided as an Appendix. 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. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The proposed project will be developed in phases; however, all impacts necessary for the construction of all phases are addressed in this application. The residential subdivision will be the first phase, and all proposed impacts will occur within the residential phase. The Future Commercial areas will be designed and constructed in the future. However, there are no jurisdictional features within the Future Commercial Areas and additional permitting will not be required. Page 4 of 12 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 wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non -404, other) (acres) Temporary T Impact #5 Fill for lot ®Yes ®Corps (Wetland B) construction Headwater Forest ❑ No ®DWQ 0.14 ac ® P El 2g. Total wetland impacts 0.14 ac 2h. Comments: 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 - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) Impact #1 Culverted Road PER ®Corps (Stream 2) Crossing Reedy Branch El INT ®DWQ 15' 209 If ® P El T Impact #3 (Stream 1) Culverted Road UT to Reedy PER ®Corps 5' 81 If ®P❑T Crossing Branch ® INT ® DWQ 3h. Total stream and tributary impacts 289 If 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑ PEI T 03 ❑ PEI T 04 ❑P❑T 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. Page 5 of 12 PCN Form - Version 1.3 December 10, 2008 Version 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded 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 ❑ Tar -Pamlico ® Other: Jordan Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? 131 ❑P❑T F-1 Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Buffer impacts will be permitted through the Town of Apex. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent stream impacts have been minimized to only those impacts necessary to construct roads. Road crossings have been designed to cross the streams at as close to perpendicular angles as possible. Additionally, retaining walls have been utilized for the Reedy Branch crossing (Impact #1) and UT to Reedy Creek crossing (Impact #3) to stabilize road fill and minimize impacts. The proposed location of the crossing for Reedy Branch (Impact #1) was dictated by both the existing terminus of Timken Forest Drive, as well as the significant sinuosity of Reedy Branch. Reedy Branch is very sinuous in the general location of the proposed crossing, and a perpendicular crossing at a straight section of the stream could not be achieved. The proposed location actually represents the least linear footage of impacts of all of the alignments explored. The proposed alignment also allows for the best alignment of the culvert for capturing and discharging the flow of Reedy Branch. Alternative alignments would have resulted in either the flow into or out of the culvert to occur at very sharp angles, which would have required armoring of the stream bed and banks to prevent erosion. However, the culvert alignment within the proposed crossing will actually allow the intake and outfall flows to be relatively straight, decreasing the potential for erosion and preventing the need for armoring with rip -rap, further minimizing impacts. Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version The proposed 0.14 acres of permanent wetland impacts (Impact #5) to Wetland B will occur from construction of lots 243 through 248, as well as fill for construction of Brown Velvet Lane and Hass Avenue. Wetland B consists of a small wetland (0.14 acres) within a natural crenulation below a non -jurisdictional pond. The hydrology of Wetland B is provided primarily from discharge from the upstream non -jurisdictional pond, as well as runoff from surrounding uplands during rain events. The upstream non -jurisdictional pond will be filled as part of the proposed development, which will remove the primary source of hydrology for Wetland B. The proposed development will also redirect all runoff away from Wetland B, as all stormwater runoff must be captured in the stormwater management system and treated prior to discharge. Even if impacts to Wetland B were minimized to only impacts necessary for the road fill, the hydrologic source would be completely removed, and the remaining portion of Wetland B would eventually dry up and become uplands. Therefore, it was determined that the integrity and long term viability of Wetland B could not be maintained in the post -development condition, and the functional value of Wetland B would be better served by providing mitigation within a regionally significant mitigation bank. Furthermore, Lots 243 through 248 are needed to offset development costs associated with the project and offsite improvements. The loss of these lots would significantly affect the feasibility of the project. Impacts have been further minimized by designing the sewer line crossings depicted on Map B and Map D to be installed via bore and jack to avoid temporary stream impacts at these crossings. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Retaining walls will be used to stabilize fill at the stream crossings. Sediment and erosion control measures will be installed to prevent sediment from escaping into adjacent 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 ® 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: Cripple Creek Stream & Wetland Mitigation Bank (Restoration Systems, LLC) Type: 3b. Credits Purchased (attach receipt and letter) Quantity: 0.28 acres Riparian Wetland 3c. Comments: Mitigation for the 0.14 acres of permanent wetland impact are being provided at a 2:1 ratio, resulting in the purchase of 0.28 acres of riparian wetland mitigation. 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: 578 linear feet 4c. If using stream mitigation, stream temperature: ® warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Due to a lack of available stream mitigation in a private mitigation bank, the stream mitigation will be provided through DMS. Page 7 of 12 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 3 (2 for Catawba) Zone 2 1.5 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 8of12 PCN Form — Version 1.3 December 10, 2008 Version 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: Diffuse flow will be achieved through level spreaders and vegetated ❑ Yes ® No filter strips. The diffuse flow requirements will be reviewed and permitted by the Town of Apex during the stormwater permit review. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 34.5% 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: The proposed stormwater management plan consists of three wet detention ponds, which will outfall into level spreaders and vegetated filter strips. The stormwater management plan will be reviewed and approved by the Town of Apex. ® 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 Apex ® 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 9 of 12 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 ❑ 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. All impacts necessary for development of the entire project are addressed under this application and no future impacts will be required. Additionally, the proposed project is located on the western edge of the heavily developed portion of Apex. While the proposed project will be located within a currently expanding area of Apex, it is not anticipated to be the specific catalyst for future development adjacent to the project, but rather the availability of land and general desirability for development to be located in this area will be the catalyst for future development in the area. 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. Town of Apex sanitary sewer Page 10 of 12 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? WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/contenVmap to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any occurrences of endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. Site reviews did not identify any potential habitat for any federally protected species known to occur in Wake County, except for the Northern Long Eared Bat. Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used for roosting during the day. Since the majority of the project area consists of mature forest over 3" DBH, there is potential northern long eared bat habitat present. The USFWS Final 4(d) rule for the Northern Long -Eared bat specifies that tree removal within the White Nose Syndrome (WNS) Zone is not prohibited as long as it occurs more than 0.25 miles from known hibernacula and does not result in destroying known occupied maternity roost trees, or any other trees within a 150 ft -radius from the maternity tree, during the pup season (June 1 — July 31). The proposed project is not located within 0.25 miles of any known hibernacula, nor is there any known maternity roost trees present on the project or in the vicinity. Therefore, WR concludes that the project "may affect, but is not likely to adversely affect" the northern long- eared bat. 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? There are no waters in Wake County classified as EFH. 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? W&R reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within the proposed project. The review of the SHPO database identified three historic sites within 0.50 miles. The HOP Site IDs are: WA1036 (House), WA1035 (Mills House/Gone) and WA -R180 (House and Outbuildings — 1940s Farm Complex). All three historic sites are located on the north side of US 64, which is a 4 lane divided highway. The proposed development will have no impacts to these historic resources. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? 70 Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Troy Beasley — WithersRavenel I 1 Authorized Agent 03/04/16 Date Applicant/Agent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM WITHERS ��_ RAVENEL ENGINEERS I PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, ExperienceOne Homes, LLC (Client) does hereby appoint Withers & Ravenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the ExperienceOne-Apex Property, located south of the intersection of US Hwy 64 and Jenks Road in Apex, Wake County. The project area consists of 5 parcels (PINs: 0722446225; 0722446225; 0722439900: 0722550104; 0722442603;0722730032;) The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Date:, Agent's Name, Address & Telephone: raignature of CH t: Withers & Ravenel. Inc. l (Name s Print) (Title) 115 MacKenan Drive (— Cary. NC 27511 (Signature)) tu Tel. (919)-469-3340- ') Mailing Address . N c, -Z'1 S 2_ City I State Zip Phone. Email: 115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 1 fax: 919.467-6008 1 www.withersravenel.com I License No. C-0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 USGS QUADS cAtnE�/ J L a(sn�re / � ySµUDE'piCRFt RO .� GRAPHIC SCALE 0 1500 3000 751 HCl` L 1r 1 inch = 3000 ft. / ` �, �\ V z JFxRSRO rso ( i, st rk o f. EP 64 aitnr,C uR Deck ( ° W Airpark x u a ~� ,E(vE 001 Cr RO O. � i� wunr -!+l/ �, �,,� 1 J �,`.I/ll � �•� �() t-- sor ( E1 °°�,a`'°� 4v+e :. �; \ .;� � � ��._'� V \ ` �__/ - Wit. aP.' '. � i ^ _� •1 � ��. PINDtIITeP 16,p APEX �.rso� 70Jo uorl°p 7 N/NSMP INS K• )q[ CUE 1 � Im ' ��/ ` /�.f �` - i /I .c'i�I C1. •,� � 1 f /" :�. � �j S��s�� � � ` �f �o �L/ " f / I 0 IVI DAIRY R0 •w i r �W4Y 11 0 0 SWEETWATER SUBDIVISION USGS QUAD (2013) — NEW HILL 40- WithersRavenel WA Engineers I Planners I Surveyors APEX WAKE COUNTY NORTH CAROLINA GRAPHIC SCALE 0 400 800 R1 O a� 1 inch 800 ft. 0 _z v 0 4 300 v l � � rk� . M/ r %� A.e e d-�'B� o o SWEETWATER SUBDIVISIONUSGS QUAD (2013) -NEW HILL WITHERS RAVENEL ENGINEERS 1 PLANNERS 1 SURVIVORS APEX WAKE COUNTY NORTH CAROLINA WAKE CO. SOIL SURVEY GRAPHIC SCALE Cy 0 250 500 2 1 inch = 500 ft. ( U �� - • II 11 V CrE Wy II r _ G rC if Cr B2 Wo C rC CrB2 G CrC2 j� C WsC2 I� • CrE h r A I1 � CrC2 Wo AfA sC2 Cr62_ ' Au CfC2 \ — r SWEETWATER SUBDIVISION WAKE CO. SOIL SURVEY - SHEET 656 Engineers I Planners I Surveyors WithersRavenel APEX WAKE COUNTY NORTH CAROLINA I_\»:IOITA: IDabs/: IIW_121W, 101AIIzIAil IMZI*:/:11:311 7�'!'' /'si-` ` .i T}_ry� �.L..Q•, is ri, `. �.�.-,r"`!., �t:t✓• t}yJ! f t --T � 1�'`r�CrM} a rig -�j-5 GRAPHIC r r, 0 250 500 I inch 500 ft. Y ( POND 1 NON-JURISDICTIQNA t j POND 2 - NON JURISDICTIONAL --_ -` r. ! - POND 3 /7� NON-JURISDICTIO L S_ Iw r STREAM 2 t PERENNIALk.. EEDY BRANCH 4 N �. s A +' r NON -JURISDICTIONAL ' N e _ TLAND B ter.. \ 11 REEDY BRANC NOTES: 1 JURISDICTIONAL STATUS BASED ON FIELD VERIFICATION BY JAMES LASTINGER WITH CORPS OF ENGINEERS ON 11/24/14 (SAW -2014-02171). SWEETWATER SUBDIVISION WETLAND DELINEATION EXHIBIT lipEngineers I Planners I Surveyors WithersRavenel APEX WAKE COUNTY NOKTH CAKOLINA ICOINTJZto] Oil 9 *AT :19J99mIN 01:0IAOuIIz/_lIIQz11:0a121:7 October 24, 2014 Martin Richmond 115 MacKenan Drive Cary, NC 27511 Subject: Stream Buffer Determination JApex 14-01 Experience One - Apex Site Primary Watershed —Jordan Lake Watershed Dear Mr. Richmond, On October 17, 2014, 1 met with you at the subject site to evaluate numerous drainage features including four (6) ponds and determine if they were subject to the Town of Apex (Town) riparian buffer rules. Based on the information obtained during the site visits and per the requirements set forth in Section 6.1.11 of the Town Unified Development Ordinance (UDO), I concur with the drainage features as shown on the attached map titled "Buffer Location Exhibit" and summarized in the table below. Shown as on Shown as on A� of m o f 4v9�� THE PEAK OF GOOD LIVING -' P. D_ BOX 250 USGS Soil Survey APEX. NORTH CAROLINA 27502 October 24, 2014 Martin Richmond 115 MacKenan Drive Cary, NC 27511 Subject: Stream Buffer Determination JApex 14-01 Experience One - Apex Site Primary Watershed —Jordan Lake Watershed Dear Mr. Richmond, On October 17, 2014, 1 met with you at the subject site to evaluate numerous drainage features including four (6) ponds and determine if they were subject to the Town of Apex (Town) riparian buffer rules. Based on the information obtained during the site visits and per the requirements set forth in Section 6.1.11 of the Town Unified Development Ordinance (UDO), I concur with the drainage features as shown on the attached map titled "Buffer Location Exhibit" and summarized in the table below. PPE* '1873 CA Shown as on Shown as on Determination Determined Drainage Feature Buffer USGS Soil Survey made in the field Width Feature A Not Present Intermittent Ephemeral 0 feet (17 Points) Feature B Intermittent Perennial Ephemeral 0 feet (11.5 Points) Feature C Intermittent Intermittent Ephemeral 0 feet (15.5 Points) Feature E Not Present Intermittent Ephemeral 0 feet (17 Points) Ephemeral Feature G Not Present Intermittent 0 feet (8 Points) Feature H Not Present Intermittent Ephemeral 0 feet (4.5 Points) PPE* '1873 CA Town of Apex Stream Buffer Determination SApex 14-414) Page 2 of 2 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 Division of Water Quality (DWQ) or Delegated Local Authority in the Jordan Lake watershed may request a determination by the DWQ Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Otherwise the appeal procedure will be in accordance with UDO Section 6.1.11. If you dispute the Director's determination, you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and S:OOpm, except for official State holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. If you have any questions, please do not hesitate to contact me at (919) 249-3413. Sincerely, /4 � �/�_ � _�, cr, __� � � Michael S. Deaton, PE Environmental Programs Manager Attachments Ephemeral Feature I Not Present Intermittent 0 feet (13 Points) Ephemeral Feature J Intermittent Intermittent 0 feet (14 Points) Feature K Not PresentIntermittent Not Present 0 feet 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 Division of Water Quality (DWQ) or Delegated Local Authority in the Jordan Lake watershed may request a determination by the DWQ Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Otherwise the appeal procedure will be in accordance with UDO Section 6.1.11. If you dispute the Director's determination, you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and S:OOpm, except for official State holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. If you have any questions, please do not hesitate to contact me at (919) 249-3413. Sincerely, /4 � �/�_ � _�, cr, __� � � Michael S. Deaton, PE Environmental Programs Manager Attachments /. GRAPHIC SCALE 1 250 500 - > �' � f� rte• 1 r? .. � 1. -" _ I irch O ... • Yom, \"� tis t -. - f 11a POND 2 MOT SUBJECT NOT SUBJECT rvg'o Ott PON � 9 �j�' • `�l � SLY � � 1 r ! � � �., �/ # . y . � I�'• wi - oma,. -r. •. P., �% � y s ,4;. *:M%`� 4r K' + -. NOT S r JECT--�� rte;IL sz a CT d Es�I E F FEATURE L a` JECT RANCH SUBJECT FEST BEGINS { 1; { -`fi FEATURE G NOT SUBJECT FEATURE E NOT SUBJECT � FLAG S -i(. - FEATURE F ' STOPCRANNEL ' (REEDY 13RANIFIj t- �y SUBJECT FEATURED OFFSITE q GRAP I III tic 11 I I incl I ioo n ! f 10 1 k ND 2 r. A { ND :I I r ` TURES •t `/ `' ■ :r FEAT R H F TIJRE 1 10, r • FOATURE F • N B13ANCH � F TOR Oro �—� i F irRE G FE:,ATEJRE L40 � f FEATYAE F— FEAT r ' _ F FEATURF�F,t {REEDY B#ANCUI EXPERIENCE ONE - APEXUSGS �I� CUA© - NEW F-IIEL WITHERS &— RAVENEL lMilraaAb I ►LAIIAsas 1 tUaVtVaat A POND 2 FEATURE B FEA RE PON FEATURE t r • � REI FEATU ATURE F EDY BRANCH AF x 'ATURE E FEATURE ¢� r (REEDY BRANCH) ! 3 3 CORPS EMAIL APPROVING WETLAND DELINEATION Richmond, Martin From: Sent: To: Subject: Classification: UNCLASSIFIED Caveats: NONE Martin, Lastinger, James C SAW <James.C.Lastinger@usace.army.mil> Wednesday, November 26, 2014 11:03 AM Richmond, Martin RE: ExperienceOne - Apex (02140249.00) - Revised JD Exhibit (UNCLASSIFIED) Thanks for meeting with me on 11/24/14. 1 have reviewed the revised map and everything looks good per the jurisdictional calls made in the field. I have assigned Corps AID number SAW -2014-02171 to this project. Please use this number on all further correspondence regarding this project. It is my understanding that once I receive survey maps and Rapanos forms that an approved JD needs to be issued. James Lastinger Regulatory Specialist Raleigh Regulatory Field Office US Army Corps of Engineers, Wilmington District ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Tel: (919) 554-4884, x32 Fax: (919) 562-0421 Regulatory Homepage: http://www.saw.usace.army.mil/WETLANDS The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://regulatory.usacesurvey.com/. -----Original Message ----- From: Richmond, Martin[mailto:mrichmond@withersravenel.com] Sent: Wednesday, November 26, 2014 9:01 AM To: Lastinger, James C SAW Cc: Beasley, Troy Subject: [EXTERNAL] ExperienceOne - Apex (02140249.00) - Revised JD Exhibit James, This email is in follow-up to our site meeting for the ExperienceOne-Apex site, Wake County on 11/24/2014. At the site meeting, the wetland delineation was approved as depicted in the attached exhibit. We understand that it may be several months before the formal JD letter is issued; however, it would be helpful if we could get written documentation that the wetland delineation has been preliminarily approved in order to move forward with submittals to the Town of Apex. If you could, please review the attached revision and reply to this email with concurrence. As always, please let me know if you have any questions. Thanks, and have a great holiday weekend Martin Martin Richmond Withers & Ravenel<http://www.withersraveneI.com/sigs/WRLogo.gif> 115 MacKenan Drive Cary, NC 27511 Phone: 919.469.3340 Fax: 919.467.6008 Direct: 919.535.5206 mrichmond@withersravenel.com www.withersravenel.com <http://www.withersravenel.com> NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE: This electronic message, which includes any attachments and other documents referred to herein, contains information from Withers & Ravenel, Inc. that may be proprietary or confidential. The information is intended for the use of the addressee(s) only. If you are not the addressee, note that any disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. If you received this message in error, please advise the sender by reply and delete this electronic message and any attachments. COPYRIGHT NOTICE: Copyright 2014 Withers & Ravenel, Inc. All Rights Reserved by Withers & Ravenel, Inc. This electronic message, any attachments thereto and all documents referred to therein are provided for the recipient's information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic message by Withers & Ravenel, Inc. or receipt of this message by the recipient or any other party. Classification: UNCLASSIFIED Caveats: NONE �•?=. �.S.��s .i �n^ �.L..Q•, is ir!`. f.I�-,r"`!., � t:L✓ • ;}tiTr"_`�f f t --T � i�r'�Rr��ri} a r i• -�jr -5 GRAPHIC r r, 0 250 500 I inch 500 ft. Y ( POND 1 NON-JURISDICTIQNA t POND 2 NON -JURISDICTIONAL ! - POND 3 /7� NON-JURISDICTIO L 1. w Ax 7 - STREAM 2 j - ys N r, __,�, • �'.:'� PON -5 { NON -JURISDICTIONAL t NOTES: 1) JURISDICTIONAL STATUS BASED ON FIELD VERIFICATION BY JAMES LASTINGER WITH CORPS OF ENGINEERS ON 11/24/14. EXPERIENCE ONE - APEX WETLAND WITHERS & RAVENEL LOCATION EXHIBIT ENGINEERS 1 PLANNERS 1 SURVEYORS APEX WAKE COUNTY NORTH CAROLINA Iz[a]07u1.11:1a121:Zo7 W_«41A2CAI z[a]0 Vol h" i 10:0 MaINI[e1AIEel Z Environmental Quality March 4, 2016 David Schmidt Experience One Homes, LLC PO Box 5509 Cary, NC 27512 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Expiration of Acceptance: September 4, 2016 Project: Sweetwater Subdivision County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/web/eep. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Impact River CU Location Stream (feet) Wetlands (acres) Buffer I Buffer II Basin (8 -digit HUC) (Sq. Ft.) (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian 11Coastal Marsh Cape 03030002 0 0 289 0 0 0 0 0 Fear Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: James Lastinger, USACE-Raleigh Cherri Smith, agent Sincerely, Ja ' B Stanfill Asset Management Supervisor Nothing Cornpares_'.a.. State of North Carclin^ Environmental Quality 1601 Mail Service Center i Raleigh, North Carolina 27699-1601 919-707-8600 RESTORATION SYSTEMS, LLC LETTER 101 ff_\%11 W_1:3111 VA do]:A'Filf/ :o I W_1216] ul111Iffil I IQ 21 Statement of Mitigation Credit Availability Cripple Creek Stream & Wetland Mitigation Bank March 4, 2016 Mr. James Lastinger U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 Re: Availability of Compensatory Wetland Mitigation Credits Project: Sweetwater Subdivision We are providing this letter in accordance with 33 CFR §332.8(r), to confirm that .28 Riparian Wetland Mitigation Credits (Credits) from the Cripple Creek Stream & Wetland Mitigation Bank (Bank) are currently available and may be used, once transferred, for compensatory mitigation relative to the Sweetwater Subdivision project, and as proposed by Experience One Homes, LLC (Applicant). The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits at that time, we will complete and execute the Compensatory Mitigation Responsibility Transfer Form (Transfer Form) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Transfer Form to the Applicant, the Bank's US Army Corps (USACE) Project Manager and, if needed, other regulatory agencies. In addition, we will provide USACE with an updated copy of the Bank's Ledger, reflecting the transaction. Transaction information in the updated Bank Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9123. Sincerely, ' 7 Tiffani Bylow Restoration Systems, LLC II&I9MI9*A' 00110.1kW S tE J.� SITE AERIAL — NTS SWEETWATER SUBDIVISION IMPACT MAPS j:............................I-- -••-� I FUTURE ZONED ONLY a FOR ' �� I �� j COMMERCIAL FUTURE �i ZONED ONLY FOR . COMMERCIAL .. .. BANKS WITHERS & RAVEN EL ENGINEERS I PLANNERS I SURVEYORS 115 MacKenan Drive Cary, North Carolina 27511 tel: 919-469-3340 www.withersravenel.com License No. C-0832 nl Irr-T ILIP1r-V SHT. 1 - OVERALL IMPACT MAP INDEX SHT. 2 - IMPACT MAP A SHT. 3 - IMPACT MAP B SHT. 4 - IMPACT MAP C SHT. 5 - IMPACT MAP D SHT. 6 - IMPACT MAP E DEVELOPER/OWNER EXPERIENCE ONE HOMES, LLC P.O. BOX 5509 CARY, NC 27512 919-991-1402 500 0 1 inch = 500 ft. TIMKEN FOREST DR.' .'. EXISTING•,�•••.....= i �•��• ABBINGTON •� SUBDIVISION_ ` •... Ey I .:a •.... .• ••�'� j � x'4„1 +. A SITE-OPEN �q •....... SPACE WITHERS & RAVEN EL ENGINEERS I PLANNERS I SURVEYORS 115 MacKenan Drive Cary, North Carolina 27511 tel: 919-469-3340 www.withersravenel.com License No. C-0832 nl Irr-T ILIP1r-V SHT. 1 - OVERALL IMPACT MAP INDEX SHT. 2 - IMPACT MAP A SHT. 3 - IMPACT MAP B SHT. 4 - IMPACT MAP C SHT. 5 - IMPACT MAP D SHT. 6 - IMPACT MAP E DEVELOPER/OWNER EXPERIENCE ONE HOMES, LLC P.O. BOX 5509 CARY, NC 27512 919-991-1402 500 0 1 inch = 500 ft. .I I ■I I I I -----1�--- F'7' TT-TT71— — I I �I I 8� CORE BANKS ST CORE BANKS ST • I 1 `♦ EXIST.POND ; r� � —.m ! � 1 l 1 I� 1 _r O • \/��� I■ , / _ , , I ; 1V 1 1 1 � l i t 1 ; EXIST. POND .I: 1 TIMKEN .. ' �,—..:.w. .....�: FOREST DR. 1: , ■II '1 �`1�� I 1 I yNsw �, \'.`�.�:• ,� .'.4...." 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ENGINEERS 1 PLANNERS 1 SURVEYORS 02140249 APEX WAKE COUNTY NORTH CAROLINA ns mx<Kenan od e e, ,.,•nwrolm. vsn 1e1:919469-3340 w .y,[rh r a. l.< D«„:e N,. 60832 IMPACT MAP INDEX MAP A — #1 ■I � —.m , 111 I I ,'" ,' / ' _ � / MAP C — #3 — WETLAND IMPACT (PERMANENT) MAP D — #4 — STREAM IMPACT (NONE) MAP E — #5 `_MAP C,�=\off SITE AERIAL - NTS �i -- 1 1 ♦ i IX �X 300 0 MAP D 1 inch = 300 ft. NO. ReVI510n Date B oes�s�er 5<ale SWEETWATER SUBDIVISION , — AS NOTED sng r Nm. Oraw91 —Dale 092015 IMPACT EXHIBITS OVERALL IMPACT MAP INDEX wiTHERs �►vENEL � cnecEdsy Ion Na. ENGINEERS 1 PLANNERS 1 SURVEYORS 02140249 APEX WAKE COUNTY NORTH CAROLINA ns mx<Kenan od e e, ,.,•nwrolm. vsn 1e1:919469-3340 w .y,[rh r a. l.< D«„:e N,. 60832 IMPACT MAP INDEX MAP A — #1 — STREAM IMPACT (PERMANENT) MAP B — #2 — STREAM IMPACT (NONE) MAP C — #3 — WETLAND IMPACT (PERMANENT) MAP D — #4 — STREAM IMPACT (NONE) MAP E — #5 — WETLAND IMPACT (PERMANENT) SITE AERIAL - NTS �i -- 1 1 ♦ i IX �X 300 0 MAP D 1 inch = 300 ft. NO. ReVI510n Date B oes�s�er 5<ale SWEETWATER SUBDIVISION , — AS NOTED sng r Nm. Oraw91 —Dale 092015 IMPACT EXHIBITS OVERALL IMPACT MAP INDEX wiTHERs �►vENEL � cnecEdsy Ion Na. ENGINEERS 1 PLANNERS 1 SURVEYORS 02140249 APEX WAKE COUNTY NORTH CAROLINA ns mx<Kenan od e e, ,.,•nwrolm. vsn 1e1:919469-3340 w .y,[rh r a. l.< D«„:e N,. 60832 I / / CURRENT SFHA PROPC 100 -YEAR FLOODPLAIN I I I 100 -YE, \_CURRENT SFHA 100 -YEAR FLOODPLAIN #1 STREAM — 209 LF / '(PERMANENT) CURRENT SFHA 100 -YEAR FLOODPLAIN ll 290 285 280 275 STREAI 270 265 260 IKADAt'T ADCA IMPACT AREA #1 —STREAM IMPACT 209 LF (PERMANENT) CENTERLINE 290 285 280 275 270 CENTERLINE 265 260 —0+50 0+00 0+50 1+00 1+50 2+00 2+50 3+00 12'xlO'CULVERT CROSS—SECTION SCALE: 1'=100' CONSTRUCTION SEQUENCE 10'X10' CULVERT 1. REMOVE ONLY TREES TO INSTALL ROCK CHECK DAM AND ALONG STREAM DIVERSIONS AND ALONG CULVERT PATHS. 2. INSTALL TEMPORARY ROCK CHECK DAM. 3. CONSTRUCT STREAM DIVERSION CHANNELS IN AREAS SHOWN ON PLANS. 4. ONCE STREAM DIVERSION CHANNELS HAVE BEEN CONSTRUCTED, PROVIDE A TEMPORARY DAM TO DIVERT STREAM FLOW INTO NEW CHANNEL AND AWAY FROM CONSTRUCTION AREAS. 5. INSTALL SILT FENCE ALONG TOP OF BANK OF EXISTING STREAM CHANNEL AND STREAM DIVERSION SECTIONS. 6. CLEAR AND GRUB ONLY AREAS NECESSARY TO COMPLETE CONSTRUCTION OF CULVERTS. 7. CONSTRUCT CULVERTS AND HEADWALLS. 8. EXCAVATE STREAM TO PROVIDE DRAINAGE FROM EXISTING CREEK THROUGH CULVERTS AND TIE TO EXISTING DOWNSTREAM CREEK. 9. BACKFILL STREAM SECTIONS OUTSIDE OF NEW STREAM CHANNELS. 10. GRASS AND SEED DISTURBED AREAS OUTSIDE BETWEEN FILLS SLOPES AND LIMITS OF DISTURBANCE. GRAPHIC SCALE 11. INSTALL TREE PROTECTION AND SILT FENCE ALONG TOE OF FILL SLOPES. 12. REMOVE ROCK CHECK DAM AFTER INSTALLATION OF SILT FENCE ALONG TOE OF FILL SLOPE AND GROUND COVER HAS BEEN ESTABLISHED. RESTORE AREAS ALONG ROCK CHECK DAM. 1 inch = 60 ft. Rev1sio° °a`� B °�""°`� _`�°� SWEETWATER SUBDIVISION AS NOTED si,,.,.,,,, o„w�oy o„e WITHERS RAVENEL 0920,5 IMPACT EXHIBITS IMPACT MAP A 2 ENGINEERS I PLANNERS I SURVEYORS 02140249 APEX WAKE COUNTY NORTH CAROLINA ��o ry„��,nnc �i��az�s�� i�i,9�9 469 3340 w�m���,�P�ei-gym o-c-0asz 04 —° LOT IMPACT AREA /I IMPACT AREA #2 - STREAM IMPACT -NONE 1 D40LOT LLJLoZ I N 406 �� R,� ► I� IW �� I ---- J D LOP ► O] m � 4 J � � I � /i 12 W uo / N � \ 411 D LOT �I 1 / ► I� I� 1 �I SCM#1 I — / aw Z rn ► Q m o ► " ^�' w407 ► I I / 01 ti MI D LOT ► l 1 1 / i of �I I / 'I \ 4 ► BORE PIT 1 0 r �' D LOT � LOCATIONS ► 408 ►� �� s I/ D LOT\ / i� ► �__ ----� \ s SANITARY SEWER — ,� 40 ,SEWER OUTFALL 9 OT � �j OTtlt�3— ,O�FF #2 STREAM - NOi — _ ARIAtVFFER QPR.P� IMPACT DUE TO� = . - 2� BORE AND JACK ONE ti6� CONSTRUCTION PROPS c �y 2 RIPARIAN BUFFER RIPARIAN BUFFER GRAPHIC SCALE 60 0 1 inch = 60 ft. Revision °a`� By SWEETWATER SUBDIVISION _ AS NOTED �,�N�. o„w,9y o„e WITHERS RAVENEL 09-2015 IMPACT MAP B IMPACT EXHIBITS 3 a,ekao- mbNo. ENGINEERS I PLANNERS I SURVEYORS 02140249 APEX WAKE COUNTY NORTH CAROLINA ��o ry„��,nnc �i��az�s�� 1,1 919+193340 No -c-0932 w� IMPACT AREA IMPACT AREA #3 - STREAM IMPACT 81 LF (PERMANENT) 290 290 CENTEu j GLORIOSA i 285 STREET 285 4�I I i 280 280 HEADWALL HEAD AL REINING WALL 275 275 STREAM CENTERLINE 36„ 80.6S ENT 270 12" BURY RCP@3S�o INV IN=EL 271.33 12" BURY 265 INV OUT=EL 268.50 265 260 — 260 —0+50 0+00 0+50 1+00 1+50 22-005.47 36' RCP CULVERT CROSS—SECTION SCALE: 1'=100' 308 30 1 C LOT C T C LOT 5 \ \ \ 2 \ SCM #3 \ GRAPHIC SCALE —25" � I� 60 v 1 inch = 60 ft. No. Revision Date B oes�s�e, 5<a�e SWEETWATER SUBDIVISION t — AS NOTED D.o By WITHER8 RAVENEL 09.2015 IMPACT EXHIBITS IMPACT MAP C 4 cneakdBy obNa. ENGINEERS 1 PLANNERS 1 SURVEYORS 02140249 1 APEX WAKE COUNTY NORTH CAROLINA ns mx<Ke"a"od e e, ,.„ nw,"r": vsn 10:91-643340 w .wo-ne,,,,, l.< Li, s. ".Coo3z LU Z. J B LOT SCM #3 _ g 260 fop J ZONE 3 RIPARIAN BUFFE / / ;� A / SANITARY .0000 ER ✓, ZONE 2 RIPARIAN BUFFER 'OUTFALL 306 _ _ ice/ C LOT _ _ / ZONE 1 RIPARIAN BUFF W / /$S� oe / / /- / 1 255 \ ZONE 1 RIPARIAN B UFFV No / /// / //// #4' STREAM - NO ZONE 2 RIPARIAN BUFFE 00, IMPACT DUE TO o C LOT �� BORE AND JACK CONSTRUCTION \) v ZONE 3 RIPARIA 6GFFE 1 ! y' IMPACT AREA x SANITARY SEWER /// / //// IMPACT AREA #4 - STREAM IMPACT 0 LF // —� BORE PIT `�, OUTFALL // /Ss // LOCATION , // / E I // nv 0 1 inch = 60 ft. " KQV11O° Ua,e 11""°`� SWEETWATER SUBDIVISION _ AS NOTED o„w�o� o„e WITHERS RAVENEL D — 09-2°15 IMPACT EXHIBITS IMPACT MAP D 5 �ji 0eked 6y iobno. ENiINEERS I PLANNERS I SURVEYORS 02140249 APEX WAKE COUNTY NORTH CAROLINA ��o ry„� -,1h C­I.� 2z 11 i,i,9194e 14o w�m���,�P�ei-gym k o-c-0asz o 3 IMPACT ARFA IMPACT AREA #5 - WETLAND IMPACT (PERMANENT) 0.140 AC GRAPHIC SCALE 60 0 1 inch = 60 ft. ".."'— 1 U�t, ° AS NOTED SWEETWATER SUBDIVISION WITHERS RAV E N E L 09.2015 IMPACT EXHIBITS IMPACT MAP E 6 � 0=ymbNa. ENGINEERS I PLANNERS I SURVEYORS 02140249 APEX WAKE COUNTY NORTH CAROLINA o <,-,%-1hC-1— 27,1ee19+e9-3140 L.—,N. 00832