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HomeMy WebLinkAbout20161042 Ver 3_401 Application_20171217Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 S&EC Pr X715 ID N.C. Division of Water Resources ��// 401 & Buffer Permitting Unit Attn: Karen Higgins Archdale Building — 9`h Floor 512 North Salisbury Street, Raleigh, NC 27604 From: Bob Zarzecki Soil & Environmental Consultants, P.A. Re: DEL WEBB at WAKE FOREST at TRADITIONS — PHASES 4 & 5 SAW -2016-02187 DWR 16-01042 DC�C�L�OdC�. D OF�r072017 D - A R RESOD ES L401 & BUFFER PERMITTING On behalf of the owners, DS Traditions Sub, LLC, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Resources (DWR) that the activities proposed below may proceed under Nationwide Permit 29 and General Water Quality Certification 4139. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name DEL WEBB AT WAKE FOREST AT TRADITONS- PHASES 4 & 5 Project Type Sanitary Sewer & Greenway Trail Owner / Applicant DS Traditions Sub, LLC County Wake Nearest Town Wake Forest Waterbody Name Hatters Branch Index Number 27-33-4 Class QNS W USGS Cataloging Unit Neuse 03020201 IMPACT SUMMARY Stream Impact (acres): 0.001 Wetland Impact (acres): 0.088 (Permanent) 0.017 (Temporary) Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.106 Total Stream Impact (linear feet): 14 Temporary Note: Previously permitted impacts under SAW -2016-02187 totaled 0.025 acres of wetlands (0.007 permanent & 0.018 temporary) and 191 If of streams (88 If permanent & 1031f temporary). If the proposed 0.088 acres of permanent impacts to wetlands are approved then total wetlands loss would equal 0.095 acres (< 1/10 acres). Attachments: Complete PCN & Supplemental Information DWR Application Fee Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: N/A 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. 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 1 g. 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)? I ❑ Yes ® No 2. Project Information 2a. Name of project: DEL WEBB AT WAKE FOREST AT TRADITIONS — Phases 4 & 5 (sewer & greenway trail) 2b. County: Wake (+/- 40.61 ac) & Franklin (+/- 24.82 ac) (No wetland or stream impacts in Franklin Co.) 2c. Nearest municipality I town: Wake Forest 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: DS Traditions Sub, LLC (Del Webb community properties) 3b. Deed Book and Page No. DB 016360 IDP 01925 (Wake Co.) & DB 2036/DP 260 (Franklin Co.) 3c. Responsible Party (for LLC if applicable): Sean Coney nn nn 3d. Street address: 640 5th Avenue, FL 17 3e. City, state, zip: New York, NY 10019-6102 UU DEC 0 7 2017 3f. Telephone no.: (602) 481-4301 3g. Fax no.: N/A DEQ --WATER RES U ES 49i 9 91 ING 3h. Email address: scoonev(@suncrestreal.com Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: Owner-please send correspondence to Agent and Applicant 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Bob Zarzecki 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 8412 Falls of Neuse Road, Ste. 104 5d. City, state, zip: Raleigh, NC 27615 5e. Telephone no.: 919-846-5900 5f. Fax no.: 919-846-9467 5g. Email address: bzarzecklO_sandec.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1851471532 (Wake Co.) & 1851485207 (Franklin Co.) 1 b. Site coordinates (in decimal degrees): Latitude: 35.995557 Longitude: -78.478926 1 c. Property size: ± 65.43 (Phases 4 & 5) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Hatters Branch: 27-23-4 proposed project: 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Neuse River Basin; Hydrologic Unit Code 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: This site is vacant and contains a mixed pine/hardwood forest. Clearing has begun in the upland non - jurisdictional areas, and phases 1, 2 & 3 are under construction with streets and homes already built. Surrounidng land is predominately vacant forest land and residential neighborhoods. 3b. List the total estimated acreage of all existing wetlands on the property: +/- 1.4 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 2,873 /f 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to extend a sanitary sewer and greenway trail north trough Phases 4 & 5 of the development which is necessary to provide sewer and pedestrial trail access to the residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of the construction of an active adult residential development (Del Webb) including the necessary roadway infrastructure, utilities (to include the proposed sanitary sewer line), single-family lots, and internal Town greenway trail (to include the greenway extension through Phases 4 & 5). Equipment typically used for construction and earthwork. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No El Unknown project (including all prior phases) in the past. Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ® Preliminary ❑ Final Comments: 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: USACE/S&EC Name (if known): James Lastinger/Bob Zarzecki Other: DWR 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -201602187 (James Lastinger); NBRRO#00-157; DWR 16-1042 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. NWP verifications and GC & Neuse Buffer approvals were issued for Phases 1, 2 & 3 of this project under SAW -201602187 & DWR16-1042v1 &2 (see attached). 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Per the project engineer, this project will be developed and constructed in phases. The sanitary sewer and greenway trail impacts requested here are within Phases 4 & 5. No addititional impacts are anticipated. Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 -A ® P ❑ T Greenway Trail Bottomland ® Yes ® Corps 0.088 Hardwood Forest ❑ No ❑ DWQ W1 -A ❑ P ®T Sanitary Sewer Crossing Headwater Forest ® Yes ❑ No ® Corps ❑ DWQ 0.017 2g. Total wetland impacts 0.105 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 -Permanent (PER) or (Corps - 404, 10 stream length (P) or Temporary (T) intermittent DWQ — non -404, width (linear (INT)? other) (feet) feet) S2 -"A" [D P ®T Sanitary Sewer UT to Dunn Creek ❑ PER ® Corps 3 14 Crossing (Hatters Branch) I ® INT ❑ DWQ 3h. Total stream and tributary impacts 14 3i. Comments 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individu Ily list all open water im acts below. 4a. 4b. 4c. 4d. 4e. Open water impact Name of number — waterbody Type of impact Waterbody type Area of impact (acres) Permanent (P) or (if applicable) Temporary 01 ❑P❑T 4f. Total open water impacts 0 4g. Comments: Page 4of10 5. Pond or Lake Construction If pond or lake construction proposed, then com fete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond 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 El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact No. Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary required? Bl -"A" ❑ P ® T Temporary Erosion Dunn Creek ❑ Yes 0 9 Control/Greenway (Hatters Branch) ® No B1 "B" ® P ❑ T Grading — Fill /Greenway Dunn Creek (Hatters Branch) ❑ Yes ® No 1,250 10,704 B2 -"A" ❑ P ® T Sanitary Sewer Crossing Dunn Creek (Hatters Branch) ❑ Yes ® No 1,830 1,253 6h. Total buffer impacts 3,080 11,966 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Wetland fills for the greenway trail have been limited to 0.088 acres and are needed to allow for the greenway to avoid manholes associated with the sanitary sewer line. The sanitary sewer line impacts (Impact Area #2) cross the buffer, stream and wetlands at a perpendicular angle (+/- 80 degrees). A boardwalk was used to avoid additional wetland fills above the sewer crossing (Impact Area #2). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. As per the project engineer, Standard Erosion Control measures will be incorporated such as silt fencing and inlet protection of all upstream structures during construction. Wet detention ponds are proposed to manage and treat stormwater runoff post -construction to help protect downstream water quality. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6of10 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ Yes ® No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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: All proposed buffer impacts fall under "allowable" uses, including the utility crossing w/greater than a 10' maintenance corridor and greenway trail, or "exempt", including grading w/n Zone 2 only. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Town of Wake Forest will review & approve the stormwater & diffuse ❑ Yes ® No flow for the project. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 43.5% 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: Two wet detention ponds are proposed for these phases. The SMP will reviewed & approved by the Town of Wake Forest. ® 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 Wake Forest ® 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 8of10 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 El 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 El 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. The proposed project is an active adult community single -and -complete of any surrounding developments with no shared amenities. Developments such as this are not typically considered to result in indirect or direct cumulative impacts. The surrounding properties that are not already developed are located in either the Town of Wake Forest or Wake County, both are Phase 11 NPDES stormwater communities with hpiarian buffer and stormwater requirements and both are located in the Neuse River Basin with 50 -ft required stream buffers. As such, downstream water quality will be protected from any development of these properties regardless of they are cumulative to this project. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater from the new residential homes will be treated by the City of Raleigh sanitary sewer system. Note the City of Raleigh provides water and sewer to the Town of Wake Forest. The City and DEQ will ensure that adequate capacity exists. Page 9 of 10 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? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC -Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within 1 mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally Threatened/Endangered within 1 mile of the project boundaries. Please note the final 4(d) rule identifies the Northern Long-eared Bat as a Threatened species within Cumberland County. The total action area is approximately 0.089 acres and approximately 72 trees (mostly tag alder) will be removed within it. Blasting is not anticipated at the impact locations. Percussive activities is not anticipated to be conducted at the impact locations. References: North Carolina Natural Heritage Program Data Explorer Search. Department of Environment and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC. http://www.ncnhp.ora/ 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS Service interactive map; no historic listings or study list entries or determined eligible listings were identified within the property boundaries. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Per the project engineer. - 8c. What source(s) did you use to make the floodplain determination? Per project engineer & NC Floodplain Mapping Program. The only requested 404 impacts within the floodplain are temporary stream impacts for the installation of the sanitary sewer line. Proosed wetlands fills for the greenway trail are located outside of the floodplain. The developer will work with the Town of Wake Forest to ensure compliance with all FEMA regulations. &Environmental Digitally signed by Bob Zarzedci DN cn=Bob Z , , PAou=WetlandsSoil Bob Zarzecki Consultants, PA Department emaii=bzaaecki@sandec.com,c=US Date: 2017.12.07 13:13:17 -05'00' December 7, Applicant/Agent's Signature Bob Zarzecki 2017 Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date Page 10 of 10 )oYt 5r- JUnvironmental Consultants, PA 8412 F&L of Deux Road, Suitt, 1(N, RaIcO- NC 27615 - Phona (917) 84&5%0* Vas: (917) 84&%Kj7 >andmax, PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: TRADMONS &CnVE s-DULT SBcEC Project #4715.W13 Date: 2016 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 �,Attn: .fames Lastinaer Field Once: ACE 13,4191WLRegulatory Field.Offrice i the undersigned, a duty authorized owner of mord of lite pMpedy/prppertleS klenqfled fin, do authorize representatives of the Wilmington Dist, U.S. Amry Corps of Engineers (Corps) and Soil & fnvlronmentai Consultants, pA (S&EC) stag (as my agent) to enter upon the property herein descrfmW for the purpose of conducting on-site investigations and Issuing a determination associated with Waters " f the U.S. subject to Federal Jurisdiction under Section 404 of the Clean Water Ad and/or Section 10 of the Rivers and Harbors Act of 2899. This document also authorizes S&EC (as my agent) to act on my behalf and take all actions necessary fol• the processing, Issuance and acceptance of a permit or bertifttion and any and all associated standard and special conditions -This notification supersedes any previous correspondence concerning the agent for this project. : This authorization, for liability and professional Courtesy reasons, Is valid only for government to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site prior to visiting the site. mel Index Numbers) (PIN): 1851-36-5697 (Wake Co., +/-129.95 acres), BK016360-PG01925 ite Address: Gilcrest Farm Rd., Wake Forest, Wake Co., NC Jatershed: Hatters Branch, Neuse River Basin, 27-334, "C -,NSW", 03020201 DS Traditions Sub, LLC 3335 East Indian School No.: (602) 4814301 Fax No.: scoonev c suncrestreal corn and in Property Owner (please Owner Signature Suite 150A, Phoenix, AZ, 85018 __) Mobile- No.: (602-820-2698) i'7suncrestreal.com and ' lie int z jpmsputh.com ©(.,J -II -I Date We hereby mrti* fhe above /MWmat/on smbm/u w /n this appUcat/ori /s true and aatvratie to dw beat ofour knoWedya U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-02187 County: Franklin County U.S.G.S. Quad: Rolesville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Sean Cooney DS Traditions Sub, LLC Address: 640 5th Avenue FL 17 New York, NY 10019-6102 Telephone Number: 602-481-4301 Size (acres) 57 Nearest Town Wake Foerst Nearest Waterway Smith Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.9915555329845 Longitude: -78.4815995422372 Location description: The roiect site is located adiacent to Dunn Creek Crossing, in phase three of the Del Webb at Traditions residential subdivision, near the town of Wake Forest, Wake County, North Carolina. Description of projects area and activity: This permit verification allows for 20 linear feet of temporary stream channel impacts from fill associated with the installation of a water line across Dunn Creek. No mitigation is required for this proposal. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 12 Utility Line Activities. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 09/18/2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact James Lastinger at (919)554-4884 or James.C.Lastinger(-a,usace.armv.mil. Corps Regulatory Official: Date: October 6, 2017 Expiration Date of Verification: 03/18/2022 SAW -2016-02187 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 http://corpsmal2u.usace.army.mil/cm auex/Pp=136:4:0. Copy furnished: Agent: Bob Zarteeki Soil & Environmental Consultants, PA Address: 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Telephone Number: ROY COOPER :a Governor MICHAEL S. REGAN Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 24, 2017 DWR ##16-1042 v2 Wake County DS Traditions Sub, LLC Attn: Sean Coney 640 5th Avenue FL 17 New York, NY 10019-6102 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Del Webb at Wake Forest at Traditions -Dunn Creek Crossing (Phase 3) Dear Mr. Coney: You have our approval for the impacts listed below for the purpose described in your application dated September 18, 2017 and received by the Division of Water Resources (Division) on September 18, 2017. These impacts are covered by the attached Water Quality General Certification Number 4086 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the. other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] Division of Water Resources, Raleigh Regional Office, Nater Quality Operations Section http:Hppital.ncdenr.org/web/wqlaps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Del Webb at Wake Forest at Traditions -Dunn Creek Crossing (Phase 3) DWR #16-1042 v2 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 -Water Line Crossing 0 (linear feet) 21 (linear feet) Buffers —Zone 1 133 -Dunn Creek Crossing 6,003 (square feet) 0 (square feet) 134 -Water Line Crossing 0 (square feet) 961 (square feet) Buffers — Zone 2 B1 -Storm Sewer/Level Spreader 1,114 (square feet) 0 (square feet) B2 -Greenway 3,174 (square feet) 0 (square feet) 133 -Dunn Creek Crossing 3,824 (square feet) 0 (square feet) 64 -Water Line Crossing 0 (square feet) 424 (square feet) 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the Town of Wake Forest and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the Town of Wake Forest. [15A NCAC 02H .0506(b)(3)] 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H.0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)] 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is Del Webb at Wake Forest at Traditions -Dunn Creek Crossing (Phase 3) DWR #16-1042 v2 401 AND BUFFER APPROVAL Page 3 of 4 sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained}rom the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: !f sending by First Class Mail via the US Postal Service: If sending via delivery service (e.g. UPS, FedEx): Karen Higgins Karen Higgins Del Webb at Wake Forest at Traditions -Dunn Creek Crossing (Phase 3) DWR #16-1042 Q 401 AND BUFFER APPROVAL NC DWR —401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 NC DWR —401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0233. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. ince ely, Danny S ith Supervisor, Water Quality Regional Operations Section Enclosure: GC 4086 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit via Laserfiche Bob Zarzecki via e-mail at bzarzecki@sandec.com r U.S. ARMY CORPS OF ENGINEERS COPY WILMINGTON DISTRICT Action Id. SAW -2016-02187 County: Wake U.S.G.S. Quad: NC-1ROLFSVILLE GENERAL PERMIT (REGIONAL AND NATIOMVIDE) VERIFICATION Permittee: Address: Telephone Number: DS Traditions Sub, LLC Attn: Sean Cooney 640 5th Avenue FL 17 New York, NY, 100194102 6024814301 4 is.h1�� i Size (acres) 57 Nearest Town Wake Forest Nearest Waterway Smith Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.9915555329845 Longitude: -7$,481,4995422373 Location description: The nroiect site is anpro%Imately 57 acres bordered to the s• cat by Halter Branch wid to the cast hs Gilcrest Farm Rd., and is identified by PINS 1851356014 and 1851675801 near clic town of Wake Forest NC Aquatic resources on site drain to Hatters Branch in the Ncusc Rh,cr basin. Description of projects area and activity: _This permit veriftcntion allows for 0.025 acre of wetland impacts and 171 linear feet of stream channel Impacts for the installation of a scorer line and erceuwav frail for Ilse Del Wchb residential subdivision No miUt—lattun as required for ilik proposal. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USG 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments, SEE ATTACIIED RGP or NIVP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work Is authorized by the above referenced permit provided it 6 accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 10/27/2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identiftod below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide pemtit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, oris modified, such that the activity would no lunger comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or arc under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elisabeth City, NC, at (252) 264-3901. This Department of the Army verification does not relieve die permittee of the responsibility to obtain any other required Federal, State or local approvalsfpermits. If there arc any questions regarding this verification, any of the conditions of the Permit, or the Corps of Enginccrs rcgulatot}, program, please contact James Lastintter at 919-554-4884 1132 or James.C.Lastineernusace army mil. Corps Regulatory Offici Date: November 9. 2016 Expiration Date of Ver' f ion: 03r8/2017 SAW -2016-02187 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 ht_t://coresnia2p.usace.atnt�,.mil/cm apex/Pp=136:4:0. Copy furnished: Agent: Soil & Environmental Consultants, PA Bob Zarzecki Address: 8412 Falls of Neuse Road, Suite 104 Raleigh. NC, 27615 Telephone Number: PRELIMLyARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: November 8, 2016 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Soil and Environmental Consultants Attn: Bob Zarzecki 8412 Falls of Neuse Rd., suite 104 Raleigh, NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW -RG -R, Del Webb at Wake Forest at Traditions, SAW -2016-02187 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 57 acres bordered to the west by Hatter Branch and to the east by Gilcrest Farm Rd., and is identified by PINS 1851356014 and 1851675805, near the town of Wake Forest, NC. Approximate size and locations of water bodies on site are identified in the attached map entitiled "figure 3 — sketch map" dated 9/19/16, and the table of aquatic resources in review area below. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Wake City: Wake Forest Center coordinates of site (lat/long in degree decimal format)- Lat.: 35.9908 Long.: -78.4822° Universal Transverse Mercator. Name of nearest waterbody: Natters Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: November 8, 2016 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude (decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources (i.e., which the aquatic resource review area (acreage wetland vs. non- "may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/403 Hatters 35.996-1 -78.4816 3,460 linear feet non -wetland Section 404 Branch waters SI 35.9944 -78.4799 750 linear feet non -wetland Section 404 waters S2 35.9930 -78.4823 700 linear feet non-%%ctland Section 404 waters S3 35.991 1 -78.4834 300 linear feet non -wetland waters Section 404 S4 35.9898 -78.4838 400 linear efet non -wetland waters Section 404 SS 35.9896 -78.4848 50 linear efet non -wetland waters Section 404 Pond 1 35.9946 -78.482 2 acres non -wetland waters Section 404 W 1 35.9955 -78.4816 0.7 acre Welland Section 404 W2 35.9947 -78.4814 0.2 acre wetland Section 404 W3 35.9949 -78.4779 <0.1 acre wetland Section 404 W 4/5 35.9940 -78.4821 <0. I acre «ctland Section 404 W6 35.9921 -78.4835 <0.I acre wetland Section 404 �V7 35.9900 -78.48.11 <0.1 acre 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 (NXVP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -repotting NNVP 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 atm 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 detennined to be necessary; (5) undertaking any activity in reliance upon the subject pennit 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 detennination 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 "nrav 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 PJD (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: Map: ® Data sheets prepared/submittcd by or on behalf of the PJD requestor. ® Office concurs with data sheetsldelitteation report. ❑Officedoesnot concur with data sheets/delineation report. Rationale: ❑ I)ata sheets prepared by the Corps: ❑ Corps navigable watcrs'study: ® U.S. Geological Survey Hydrologic Atlas: ® IJSGS NHt) data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite sculc & quad name: )tolesville. Franklinton quad ® Natural Resources Conservation Service Soil Survey. Citation: Wake County. 1970. sheet I I ® National wetlands inventory map(s). Cite name: SAW Simsuite N W 1 dataset ❑ Stalc/local wetland Inventory map(s): ® FEMATIRM maps: Q 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): undated or QOther (Name & Date): ❑ Previous determination(s). File no. and date of response letter:—,- E] etter:,_❑ ()ther informal ion (please specify): IMPORTANT `'OTE: The information recorded on this form has not necessarily been verified by the Corns and should not he relied upon for inter iurktlictinoal dcterminalions. st11'Sig: uFc an ate of Rc la ory n member completing PJD ,S tare da o n requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' I Districts may establish timet'tanws fur requester to return sigwd PJD forms. If the requester docs not respond within the established time frame, the district nm� presume concumLnce and no additional follow up is necessary prior to finalizing an action. Pi WaterRewurces ENVIRONMENTAL OUALMY November 8, 2016 DS Traditions Sub, LLC Attn: Sean Cooney - 640 511 Ave., FL 17 New York, NY 10019-6102 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary S. JAY-ZIMMERMAN Director DWR #16-1042 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 028.0233) WITH ADDITIONAL CONDITIONS Def Webb at Wake Forest at Traditions Dear Mr. Cooney: You have our approval for the impacts listed below for the purpose described in your application dated October 27, 2016 and received by the Division of Water Resources (Division) on October -27, 2016: These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following Impacts are hereby approved provided that all Qf the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. (15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3900 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Del Webb @ Wake Forest Lo Traditions DWR #16-1042 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0.007 (acres) 0.018 (acres) Stream 88 (linear feet) 83 (linear feet) Buffers —Zone 1 15,081 (square feet) 744 (square feet) Buffers — Zone 2 24,784 (square feet) 3,054 (square feet) 2. Stormwater Management Plan (SMP) Approval from Local Community Required You are required to provide one copy (hard copy or digital) of the approved SMP, including - plan details on full-sized plan sheets, with proof of the Town of Wake Forest's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it Is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the Town of Wake Forest. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 3. No Waste, Spoil, Solids, or Fill of Any Kind I . No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to Infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 1( Del Webb @ Wake Forest @ Traditions DWR #16-1042 401 AND BUFFER APPROVAL Page 3 of 4 6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the- OAH at http://www.ncoah.com/ or by.calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the. OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:60am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH.at (919).431-3100, provided the original and one.copy of the petition along with'any applicable OAH filingfee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS; FedEx): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-671.4 Raleigh, NC 27609-6285 One (1) copy ofthe,petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the VS Postal Service: Karen Higgins NC DENR=DWR —401 & Buffer 1 Permitting Unit 1617 Mail Service Center If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DEN R-DWR-401 & Buffer Permitting Unit 512 N. Salisbury Street Del Webb @ Wake Forest @ Traditions DWR #16-1042 401 AND BUFFER APPROVAL Page 4 of 4 Raleigh, NC 27699-1617 Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0233. Please contact Cherri Smith at 919-791-4251 or cherri.smith(a)ncdenr.gov if you have any questions or concerns. Si cer ly, Danny Ymith Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 Bob Zarzecki; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104; Raleigh, NC 27615 . Andrew Ammons; Wake Forest Reservoir Properties, LLC; 8368 Six Forks Rd., Ste. 204; Raleigh, NC 27615 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit f ELN 1� 1• _ J I \J( 400] -J cZ MOULToNgaRo - Phases 4 & 5 Impact Areas ! A,�• _ + 'A K.E- ,..'FORE'S,T �� -- SN. r `�. !•� � I l 1 Royal Mill Ave r� , ` X00 _•� �i �, tib•, T,/ f �'�./ �\ f '� fir/ IN r'•.,`1'� ✓' it �:,� lV / +l+ 'I ' + (r I ly �' ��� �) fi~ `'1 OAK( GRQ VE' CN(I �iy - -� E Juniper Ave Traditions Grande Blvd i r `�. 1 f �� ��� J/ r ; �/ r'/� ^��-�\ •ter ( .-�'�J EANNE s. Project Number: Map Title; 4715.W6 Figure 1 - USGS Ma a 1,000 2,000 Project Manager: p I I I i I I i II BZ Active Adult Site Feet Scale: 1 1000' Wake County, NC " = • Soil & Environmental Consultants, PA date: source:Wake County USGS , a 6110116 ..mt x•x. a, wu;y. %c 27615 • e►.r,vw3x�3soo • it (919) xwvr, Rolesville Franklinton Quad , , whc UH cliZ Ge t tiCeCDuB � 5 Impact Arf, ,e CJTY W. cee�I�, AWL T� � Royal Mill Ave , ,-� `ti \ I � � 1 :� � _•/``i My ._ c I , �,,:,.+^' . ..�" �.. Com\-'..-,� `y � `� �, ''i f•�) �, p _ ' =- - �, E Juniper Ave Traditions Grande Blvd ;_ ... tom: CrK B7 Wwc CeC2 - \ r•t E Project Number: Map Title: 4715.W6 Figure 2 - Soil Survey Map 0 1,000 2,000 Project Manager: I I I I I I i I I BZ Active Adult Site Feet Scale: Wake County, NC 1" = 1000' boi18t Environmental Consultants, P Date: source: Wake County 6110116Y i l: i,Ik d \eue Rua/ �w4 1 W, Raln�,, \l' Y'61 S • V6+r 1919)1l6Y)W fa, f919) tlb')L. Soil Survey Sheet 11 �" Mae Jun 9. 2016 Legend I I Panels Flood Hazard Areas 0 Political Areas — AE Stream Centerline `I Floodway(AE) Cross Sections 0.2 % ChanceAnnualFlood Hazard —r—r r= Levee Future Conditions I%Annual Chance Flood Hazard North Carolina Floodplain Mapping Program U.S. Fish and Wildlife Service Ybunc . I , .1 . . .. .4 Phases 4 & 5 Impact Arew. Proposed Development Plans with Requested Impacts rs-w OEIR OpwNT LLC 2.1651144]54 tA. 160u PG. !] IMPACT (SHEET 8 OF _ — .— -/ N NMI FORS1 At R,qA "OF U.0 PIN.f$3124 33 04, ICU$ K 1162 OW2015-Cote T FARM ROAD (,Ii ID{3) (YAIR4N7l M, PONTIC Bh' N/f wAl(E F'ORpm 1 314"1 PROPERNES PUT: 15314»139 iQWNO: "-BOW (WPIC EOJNM ADJACENT PROPERTY OWNERS: 1. N/f ,VIER. W WM A MARCMET P01: 15516!14» 7. N/F HW AD OHRISWW" k t-1. PAI: 165E 75314! 13. N/F LOOPER. JERRY k SANTA RN: ISS 274M W N/F TOW Of WAKE FOREST PN: ta3116,754 ZOW* RA (tOIPCSJU,E) ZOWNQ RA (MMOSMLLE) Zar+NO: OR -3 (WANE FOREST) z6AN(i 03 (MAKE FMST) 2 NO IAULY, COM 5 N/F CUTER. ROBERT k MARILYN WARE FOREST RESIRYOR 540 N/F mm ER wAKE Far3i ZO 60, &A575x 20NMG RA (7OVtKSM4LE) ►RJ: 143ta9743a ZOwK:: RA (vWNp51R,LE) = art 1561}71x15 20-0. 066 (WWMK FOREST) a N/F HALL, MARX k SJJSM W N/F OQOSION. JAWS At LOUIS,(21. 20MNA q! -CR] (WAKE FOREST) N/F 10011 OF WAKE FOREST aN: I5SIA95729 ►N: 15312280446. N/f R4VKFA. GERALD At AJNAIMM CIN-. PN: 153116]610 2OMWO, kA (YOuNGSM1LE) 2OWd: OJ -CAA (WI( tOREm tss,rnm9 York, Os Nut fWA A. N/F FIIUfII14 IALMAEL !MART ,96,454741 l I N'8 ,201 171A JAKs t LONGE ,951x51 »a xoHw, Ou-CR3 (WAKE Farsf) a18 ARwSTRONO, MICHAEL t AOOE 254 N/F 1041 0 MANE FOREST PFI: Zo- :a4.,c RA cTouNcswu> ZONING; ZOwrw: of-oRs cWQ FOREST) A aN ,56„54%e QCIS5140 ZOANiCc C (WUfE Farm 201MN0 CU -041 (RAKE FOREST) J. 3. M/F .63722 zo14314Aa1x3 It. N/F EE71t, 9pUA1RN •[LEY P*: PN: )45,105069 11. 0118 1,67812 9RTY4 k iRACs z0lAr4G M (TOUNGSMt4f) zOt4rK: OR -3 (RUQ FOREST) art is51i5751x 5 N/1 CA ROBERT A JUpM ROA51451133 12- N/F U)OPCRJ J04R7 A —CA zo,•NCK CU-PU (WW2'MESTI PIN: 191753 zormm RA (YOUNCSAUE) PRY. 531279734 ZON,NO; OR -3 (IFU2 FOREST) 15 ./1 70W OF wAXC FOREST R.ZOka 105 (RAKE fORLln _.. =RIANATER MANACEMW FACILITY '0' — WET DETMON POND (FUTURE) _ Al • • Q) PHASE 5 \ • (FUTURE DEVELOPMENT)i ` • PHASE 4 • �- DEVELOPMENT),,," i _-� • t `°4 GRAPHIC SCALE 7cc a X60 i IRrn - •zoo rt PREUMIS.IRY PRAW1.1 - 10T RELEASED FOR COSSTRICTIOS '0 l IMPACT AREA 1 SEWER GREENWAY —PERMANENT JURISDICTIONAL WETLAND = 0.088 AC (W1 ""B`") ; LEGEND "A" —TEMPORARY BUFFER TOTAL = 9 SF (Bl) JURISDICTIONAL WETLAND IMPACT —PERMANENT BUFFER TOTAL = 11,954 SF (B1) / I BUFFER IMPACT —TEMPORARY BUFFER (ZONE 2) = 9 SF (B1 "A") /// ( 1 (ZONE 1 — INNER 30 FEET) —PERMANENT BUFFER (ZONE 1) = 1,250 SF (B1 "B") BUFFER IMPACT -PERMANENT BUFFER (ZONE 2) = 10,704 SF (81-13")// (ZONE 2 —OUTER 20 FEET) �N 1 393 -196 ZONE1 PERMANENT BUFFER 1Y%I (81 "B") IMPACT = 1,250 SF /30ZQNE 1'cRgN, NEUSE ,RIPARW�I I k, C�^, BUFF ` � qKF Cpl ZONE 2 PERMANENT BUFFER (B1"S") / IMPACT 10,704 SF � 1 10' PUBLIC ASPHALT TRAIL 20' ZONE 2 NEUSE RIPARIAN BUFFER f W ii�f W / FIELD LOCATED TOP /a CALISTOGA DRIVE OF BANK (TYP.) (60' PUBLIC R/W) 394. ZONE 2 TEMPORARY BUFfER-%�A") IMPACT = 9 SF PERMANENT WETLAND IM CT (Wl"I / w / JURISDICTIONAL WETLAND = AC {3,862 SF) VARIABLE WIDTHtDmJ / w TOWN OF WAKE FOREST GREENWAY EASEMENT f w 30' CITY OF ( ( "' t / / RALEIGH SANITA Y 4? a SEWER EASEMENT a� so 4 S I a o 1 I \ S 110 I I i \\ AI, TRINCHERO WAY--'' � (60' PUBLIC R/W) 41 FIGURE 1 GRAPHIC SCALE IMPACT AREA #1 50 ° 25 50 '°° 1of2 I inch = 50 ft. go X:\Promcts\SUC\SUC-15010\Lond Construction Drowin Current Drowns suC15010-W1.dwQ, 11/14/2017 1.-31:56 PN, Snnuid" .f_use PROJECT NO. SUC-15010 `` DEL WEBB AT WAKE FOREST AT TRADITIONS I' COHN R MIOIHPANY,INADAMS C. SUC15010—W1 North Ca ,1.al.l: 1"--50- WL'TLAND, STREAM AND BUFFER IMPACT MAP tam Mph" Parkway Durham, mhna 27719 FIGURE MCADAMS lkatae No.: G429.9 iGV lil U.4 f E; F RE 2 (8001 =13,514" • McAdamsCo.com i t —14— 2017 , IMPACT AREA J2 —TEMPORARY JURISDICTIONAL WETLAND = 0.017 AC (W2"A") —TEMPORARY JURISDICTIONAL STREAM = 14 LF (S2"A") PERMANENT BUFFER TOTAL = 3,083 SF (B2) PERMANENT BUFFER (ZONE 1) = 1,830 SF (132"A") PERMANENT BUFFER (ZONE 2) = 1,253 SF (B2"A") t \ \ 10' Pueuc \ ASPHALT TRAIL LEGEND SEWER "A" STREAM CHANNEL IMPACT - JURISDICTIONAL WETLAND IMPACT BUFFER IMPACT (ZONE 1 — INNER 30 FEET) BUFFER IMPACT (ZONE 2 — OUTER 20 FEET) ZONE \TEMPORAY BUFFER ` `�\ j j w (62"A") MPACT `1,830 SF 384 v. TE PORARY— �, LMR T (S2) JURI ICTIONAL 14 LF �.\�-\ \\\� \ \ ! w W TEMPORARY WETLAND IM AG`T (W2� ") — JURISDIC110MAL WETuwD — X0.02 C. \. \1 - (748 SF) 1 y \ � - IEID - OCATED \ w TOP O BANK \ ca CD 11 (TYF on _ r % NE, .ZONE iR t w IANw r y fy BUFFER - \ I BOARDWALK WITH PILE DRIVEN �llik II w y y w ACROSS THE WETLAND. l� -160 y w20' Z NE NEUSEJ RIPARIN UFFER -65 a \ - I PONE 2 TEMPORARY BUFFER, w (®2 A) IMPACT = 1,253 SF- 1 / V6IABLE WIDTH I { t F�0 jE�SOF R WAKE I / / EICSEMENT i W y qo 1 1, r� J / //MANAGEMENT 30' CITY OF/ FAclUTY ,.C„ RALEIGH ITAR SEWER EA MEN ! gyp` r / / JJ JJ (J W IT !� -41 ODI y W r r FIGURE 2 GRAPHIC SCALE IMPACT AREA #2 30 b ,5 30 60 2 of 2 I inch = 30 ft. ItS rsoaerr No. SUC-15010 DEL WEBB AT WAKE FOREST AT TRADITIONS 1, JOHNCOMPANY. . UC15010—W1Coe�ANY.Q7C.�� AND BUFFER IMPACT MAP 39 1"=30"Cocoas No.: C-0299 ^, E:: 11-14-2017 FIGURE 3 MCADAMs