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Home My WebLink About20181041 Ver 4_401 Application_20191230Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2017-02349 Prepare file folder ❑ Begin Date (Date Received): Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Cambridge Park Phase 2 (Turner Drive) 0 2. Work Type: ❑✓Private []institutional ❑Government ❑Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: See PCN. 4. Property Owner / Applicant [PCN Form A3 or A41: See PCN RECkivEDIDENRIDWR 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: DEC 3 0 2M Bradley S. Luckey, Pilot Environmental V1ioter Rewurces 6. Related Action ID Number(s) [PCN Form B5b]: Unknown FW"ttWV SQCNon 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: 36.04499,79.26577 8. Project Location— Tax Parcel ID [PCN Form Bla]: See PCN 9. Project Location — County [PCN Form A2b]: Alamance 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mebane 11. Project Information — Nearest Waterbody [PCN Form B2a]: Little Haw Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030002 Authorization: Section 10 ❑ Section 404 ✓❑ Regulatory Action Type: Standard Permit ✓ Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 o=ot wArg9Qc r O `C Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification C Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 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 Ile. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Cambridge Park (Turner Road) Phase 2 2b. County: Alamance 2c. Nearest municipality / town: Mebane 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Desco Mebane Partners, LLC 3b. Deed Book and Page No. 3752/642 3c. Responsible Party (for LLC if applicable): Mr. Eric Dischinger 3d. Street address: 600 Market Street 3e. City, state, zip: Chapel Hill, NC 27516 3f. Telephone no.: 336-317-3395 3g. Fax no.: 3h. Email address: eric@ldequity.com 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: 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: Bradley S. Luckey 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kemersville, NC 27285 5e. Telephone no.: 336.708.4997 5f. Fax no.: 5g. Email address: bluckey@pilotenviro.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1., Property Identification la. Property identification no. (tax PIN or parcel ID): 163107, 163252, 163091, 163091, 163248 & 163523 1 b. Site coordinates (in decimal degrees): Latitude: 36.04499 Longitude: - 79.26577 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 233.89 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Little Haw Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-V, NSW 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site contains undeveloped wooded land and fields. Structures are not located on the site. The site is located in a mixed use area of Mebane, North Carolina 3b. List the total estimated acreage of all existing wetlands on the property: —0.22 Ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: -9,020 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access and construct Phase 2 of the Cambridge Park residential subdivision. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of the development of Phase 2 of the Cambridge Park residential subdivision. At this time, Phases I A and 1 B have been constructed and Phase 2 has been fully designed. With the exception of Phase 7, the remainder of the residential subdivision has been conceptually designed. At this time, Phase 7 has not been conceptually designed. With the exception of Phase 7, it appears the remainder of residential subdivision can be developed without future impact to WoUS outside of those proposed in this application. The applicant understands that additional impacts associated with the remaining phases of the proposed subdivision will be cumulative for purposes of permitting and mitigation requirements. Phase 2 of the site consists of developing the site with residential lots, one stormwater retention pond and associated roads. Access roads and residential lots will result in impact to streams and wetlands. To facilitate development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction. 4. Jurisdictional beterminations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past.' Comments: SAW-2017-02329 4b. If the Corps made the jurisdictional determination, what type ® Preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Three Oaks Engineering Name (if known): unknown Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE JD SAW-2017-02329 (dated 2.9.18) & NCDEQ-DWR Letter (dated March 27, 2018) Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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. The applicant has previously provided information and obtained a NWP 29 Verification from the USACE (SAW-2017- 02329, dated 6.1.18) and a 401 WQC from the NCDEQ-DWR (#20181041V3, dated 5.21.19) for the permanent impact to 185 linear feet of stream channel (90 linear feet permanent net loss) and temporary impact to 140 linear feet of stream to construct access and sewer/water infrastructure for Phases IA and IB in the larger Cambridge Park residential subdivision. 6. Future Project Plans 6a. Is this a phased project? _Wes ❑ No 6b. If yes, explain. The applicant obtained USACE NWP Verification and NCDEQ-DWR 401 WQC for the first two Phase of Cambridge Park, a residential subdivision. Based on conceptual designs, additional impacts to WoUS are not anticipated in the remaining phases, with the exception of Phase 7 which has not been designed at this time. The applicant is aware that impacts are cumulative for permitting and mitigation thresholds for potential future impact to WoUS. However, the applicant is not ready to proceed with Phase 7 of the subdivision or permit potential impacts associated with Phase 7 at this time. Establishment of a timeline for future phases of development will be dictated by market conditions at that time. The applicant acknowledges that the current and future development must occur in a manner to avoid and minimize impacts to WoUS. Page 4 of 12 PCN Form —Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 ®P ❑ T Road Fill unknown ® Yes ❑ No ® Corps ❑ DWQ 0.008 (354SF) W2 ®P ❑ T Road/Lot Fill unknown ® Yes ❑ No ❑ Corps ® DWQ 0.088 W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.09 2h. Comments: Wetland impact 1 (Wetlands Impact A, Impact Area 11) will permanently impact 0.008 acres (354 SF) of 404 wetlands with road fill. Wetland impact 2 (Wetlands Impact B, Impact Area 12) will permanently impact 0.88 acres (3,820 SF) of non 404 (isolated) wetlands with roadAot fill. Temporary impacts to wetlands are not proposed. 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) S1 ®P ®T Culvert/Rip- Rap/Pump Around Unnamed ® PER ❑ INT ® Corps ❑ DWQ 4 94/30/20 S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps 8 ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps 4 ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps 4 ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER [-ICorps 8 ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 94/30/20 3i. Comments: Stream Impact 1 (Impact Area 11) will permanently impact 94 linear feet of perennial stream channel associated with road crossing fill, permanently impact 30 linear feet of perennial steam channel associated with keyed in rip - rap energy dissipater and temporarily impact 20 linear feet of perennial stream channel with the associated pump around. Areas of rip -rap will be keyed into existing grades of beds and banks and would not be considered a net loss requiring mitigation. Areas of temporary impact will be restored to similar pre -construction conditions. Page 6 of 12 PCN Form —Version 1.3 December 10, 2008 Version 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 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4E Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 51b. 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 Pi Stormwater below P2 Stormwater below K Total below 5g. Comments: Pond D Surface Area (ac): +/- 4,620 SF Drainage Area (ac): +/- 4.4 AC Pond E Surface Area (ac): +/-11,859SF Drainage Area (ac): +/-10.4 AC Pond F Surface Area (ac): +/-15,538 SF Drainage Area (ac): +/-14.3 AC 5h. Is a dam high hazard permit required? ❑ Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): Above: 5j. Size of pond watershed (acres): Above 5k. Method of construction: Excavated in uplands. Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico ®Other: 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 impact 131 ❑P❑T -required. El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: A No Practical Alternative's Buffer Authorization request will be submitted to the delegated local municipality separate of this application. We request the NCDEQ-DWR conditional 401 approval without receipt of the buffer authorization. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The road crossing location was selected in an area of stream that is relatively straight with few meanders and will cross as near to perpendicular as possible given field and design constraints. The applicant has further demonstrated avoidance and minimization of stream impacts by proposing to construct approximately 5.5 feet tall culvert head/end walls. Furthermore, the Applicant has designed rip -rap stabilization measures to be keyed into existing grades of stream bed and banks, thus reducing the net loss of stream. There are approximately 9,020 linear feet of stream channel and 0.22 acres of wetlands located on the site. Phase 2 has been designed to avoid the remaining 8,896 linear feet of stream channel and 0.13 acres of wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and silt fence will be used. A Temporary coffer dam will be installed up -gradient of the proposed road crossing. During construction, water will be pumped around the construction footprint. Appropriate stream bank protection will be provided in the channel during construction and all excess excavated material will be immediately removed from the stream bank crossing area. Upon installation of the culvert, the temporary sand bag coffer dams will be removed and flow will be diverted through the culvert. Disturbed banks will be restored to similar pre -construction conditions, matted and seeded/live staked. 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 Page 8of12 PCN Form —Version 1.3 December 10, 2008 Version 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Motes Creek Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type stream Quantity 228 credits available 3c. Comments: The applicant proposes to mitigate for 94 linear feet of permanent net loss of stream by purchase of 188 credits from Motes Creek Mitigation Bank. If 188 credits are not available at the time of permit approval, then the applicant will obtain all or the balance of necessary credits from NCDMS. SOA dated 12.10.19 attached. Mitigation is not proposed for wetland impacts, permanent impact to streams from keyed in rip -rap or temporary impacts to streams from de -watering. 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: 94 linear feet 4c. If using stream mitigation, stream temperature: ® warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): NA square feet 4e. Riparian wetland mitigation requested: NA acres 4f. Non -riparian wetland mitigation requested: NA acres 4g. Coastal (tidal) wetland mitigation requested: NA acres 4h. Comments: The applicant proposes to mitigate for 94 linear feet of permanent net loss of stream by purchase of available credits from Motes Creek Mitigation Bank. If credits are not available at the time of permit approval, then the applicant will obtain all of the balance of necessary credits from NCDMS. NCDMS letter dated 6.10.19 attached. Mitigation is not proposed for wetland impacts, permanent impact to streams from keyed in rip -rap or temporary impacts to streams from de -watering. 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 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. 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: Buffer Authorization will be obtained from the local delegated ❑ Yes ® No municipality. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 25 % 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: A stormwater management plan will be submitted to the delgated local municipaity separate of this application. We request NCDEQ-DWR conditional 401 approval without receipt of the approved stormwater management plan. ® 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? City of Mebane ® 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 ❑ Yes ❑ No attached? 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 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? , 1 b. If you answered "yes" to the above, does the -project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: We are not aware of a NEPA or SEPA being required as part of this project. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b: Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We are not aware of additional development that will impact nearby downstream water quality outside of the 8 Phase residential subdivision. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed project will connect to existing municipal sewer and water lines. Impacts to WoUS associated with water/sewer line installation are not anticipated as a result of the proposed project. Page 11 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? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS List of Federally Protected Species, dated 6.27.18, identifies the Cape Fear Shiner as being listed within certain river basins in southern Alamance County. The site is centrally located in Alamance County. Therefore, we have made a determination of no effect for Cape Fear Shiner. Other federally protected species are not identified in Alamance County. 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? Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering down -gradient waterbodies which may contain fish. 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? According to the NC SHPO Historic Properties website (attached), eligible or listed resources are not located within the proposed project area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Panel #s: 3710980300K & 3710981300K j Digitally signed by Bradley S. Luckey DN: cn=Bradley S. Luckey, o=Pilot i r, Enviromental, Inc., ou, Bradley S. Luckey ,_.emailEbluckey@pilotenviro.com,c=US 12.18.19 Date: 2019.12.18 09.4203-05'00' Applicant/Agent's Printed Name Applicant/Agent's Signature Date (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 Proposal for Wetland Permitting Services Pilot Proposal 2924.2 March 16, 2018 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: 1909 ,omen Dgwja MGW'C'NE - t3G ERtG MSG-t-t l ►�JG-tE.k= Owner Information: ma!v Ah L4.t- Address: 4pow M®ewa= c;;-r e-44A- t - 4.4n.4 , taG 2-r=,4io Telephone Number: 3v-31-Ir-3�5R51 Fax Number: E-mail Address: eric, 0 (Aelu4y.coM JURISDICTIONAL DETERMINATION REQUEST. D. PROPERTY ACCESS CERTIFICATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to. enter upon the property herein described for the purpose of conducting on - site, investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water. Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. i a4e_ ChseuiWc1suz— Print Name Capacity: )(Owner _Authorized Agent Date Signature 4 YJMx' Bav]i'.xt .."4 \ / BsnPY]t/ ! /"N%'elL]t 6A.OY Mb9jblt l-M N]B ]B• r 3fY: �• �t t-b� _ FUTURE PHASE -NOT DESIGNED H PROPOSED WEST , DETENTION POND-F y 1 pa n K' \ I \ NOTE: OFFSITE BUFFER IMPACTS 8-10 HAVE BEEN PREVIOUSLY PERMITTED. 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SHEET 2 OF 5 moll - • - ■■■■■■■■■■ IMEMEME■ �.A �- e"spa ` 3 • 8 yb' + tm�� ■■■■■■■■■■■■■W■■■■■■■■■■■■ i ,°4 • :I - �. -e• `•%•- , • • . • -• ■■■■■■■■■3,■■■■■.;/!I-m■■■■■■■ ■■■■■■■■■1U■■E■OM■III■■■■■■■■ ■■■■■■■■■II%!mmmmm■lII■■■■■■■■ ►. �;,• I • ■■■■IM■■■■111■■■49'-mf■iII■■s■■m■■ ■■■■■■■■■111■es■■:■Ei1a■■■■■■■ Noma mummml IMMMOMMUMMUMOMM No ■■■■■■E■mrnir:■■■■■ .: HIM MUMM iCATIQ�// SEAL 1240''Vk .. 18914 ; no SCALE: PLAN: 1 "=40' SECTION: HOR.-1"=40' VERT.-1 "=4' 40 0 20 40 80 1 inch =40ft. / —Since 1974— Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336,85+8876 Phone336.854,8877 Firm License No.: CC-0168 PMK Pat -WETLAND IMPACTS-CMl30.0WG SHEET 3OF5 -BAid�C ---- - i �}E TOP K v r � r\ ZONE 1 / — — N ZONE 2 r '•k _`. OF WETLANDS EA -A I � / �_ /�� / .f4�� 9 "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be railed upon for a period not to exceed five years from this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands NamTTtlse.`�Y\ICA,/�O4''''i. Date: t7;.\ot � �20`Q�FE33/0<;'�' LINE TABLE FOR WETLAND AREAS LINE BEARING DISTANCE W-1 N6932 29 E 5.97 W-2 S24'1551 E 75.60 W-3 S41'3120 11.72 W-4 N20'S146 80.00 W-5 N40'04 44 E 9.37 W-6 S24'1551 E 37.18 9-7 N20'5146 38.02 WETLAND AREA —A TOTAL WETLAND AREA SHOWN: 640 SF WETLAND AREA FILLED: 354 SF MWACT-I I (WETLANDS -A IN[PACT) CAMBRIDGE PARK - PHASE 2 STREAMMETLAND IlviMM 11-12 MELVILLE TOWNSHIP-ALAMANCE COUNTY MEBANENORTH CAROLINA DECEMBER 10, 2019 20 0 10 20 40 1 inch =20ft —Since 1974— Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336,854-8876 Phone336.854.8877 Firm License No.: C-0168 Pat-WERANO SHEET 4 OF 5 "This certifies that this copy of this plat accurately depicts the boundary of the Jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. /' �.� • LOT 473 .• • Unless there is a change in the law or our published regulations, this determination of from .•/�tt �V • Section 404 Jurisdiction may be relied upon for a period not to exceed five years this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands / ,.00� •• •` ` / Name: Q., �il'xk4w4l-vL \�J��\;�N ICAIRO �Z//" .• • i Title: PNrws 0t:Ul J Q. ....... Date: IZ•AA>•�•� \ ; QQ�FES3/p't'yl:!� l •/�./� `. ' GP = SEAL j E , Oil WI-4 _ 18914 C E F�GINEE� ` LOT 472 01 •� 9 � �°j� nnn I n � ` WETLAND AREA LOT 442 LOT 471 •• —El TOTAL WETLAND AREA SHOWN: 3.820 SF A ` WETLAND AREA FILLED: 3,820 SF �• T — U \ T O r' �• T LOT 443 (ISOLATED W1_2 LOT 444 WI-4�� IMPACT-12 (WETLANDS-B IM[PACT) >t CAMBRIDGE PARK - PHASE 2 STREAMMETLAND HAPACTS 11-12 �.• /•' MELVILLE TOWNSHIP—ALAMANCB COUNTY 000 WI-1 MEBANE--NORTHCAROLINA 019 DECEMBE10, 230 /Py/•• g1�� 30 0 15 JO 80 �F Gv I 1 inch =30ft. �•/ �O •/ . CJ +Ei Vans 4609 Da Drive Greensboro,sboro, /••/'10000 Y • �N .•�� JET /'•� �• QP 0000, • — — + — North Carolina 27407 t ngineering, Inc. Fax336-854.8876 —Since 1974— Phone 336-854-8877 •.� / ` Engineers Surveyors Planners Firm Ucense No.: C-0168 I �• �.• DES00\7URNER R0AD\DRAWINGS\QAVM0GE PARK PN2-NERA141) IMPAMS-01e1.31), a SHEET 5 OF 5 PROPOSED PUMP P Wx s• IPE LNN1°5"0wPWFENCE O TElGRMY NMSRUONI a;.) GLASS IaMNW+Iw NE 10sILw MIN ND BAGS PROOD DIS IRBANDE�EC • A PLAN ( P.) WIN. IN d' MIN. ERO,I TO LOP Of PUMP vuuP BANK SIRfAT— Raw IX NV. CIWD( 1EMPOPAAT SIgNF D.1Y REMOVE EMWON SANDBAGS TO ALLOW FLOW POLlE1NWfNE FABRIC ON THRMW WHEN NOT PUMPNG MWND. FACE (n M. TRIM) SECTION A —A TEMPORARY "PIPE CROSSING — PUMP AROUND" FOR PIPE INSTALLATION NOTES I) EROSION STONE TO BE 'CLASS I" RIP -RAP UNLESS DESCNATED DMFERENnY ON CONSTRUCTNN PLAN. 2) PUMP AND ME SIZE TO BE DETENMINM BY THE CONTRACTOR USING THE BAK FLOW SHOWN GIN THE COINSMU(IIGN PLANS 3) MATERIAL WEMCADONS SANDBAGS: SANDBAGS SHALL CCNSIST OF MATERIALS WHKTN ME RESISTANT TO ULTRANOLET RADIATON, TEMING AND PUNCTUNE, AND WOVEN IGHTLY EIWGH TO PREVENT LEAKAGE M FlLL MATERIAL (Le. SAND, FlNE GRAVEL, ETG) CONSTRUCTION SEQUENCE FOR PIPE CROSSING -PUMP AROUND 1) INSTAL PUMP AND UNE TO PUMP ROW FROM AREA UPSTREAM X TEMPOTARY STREAM MOSSNG TO AREA DOWNSTREAM OF CONSDNCION MEA. OEM PUMPING MO CONTINUING PUMPING WHILE WORIONG WITHIN THE STREAM. 2) INSTALL OOWNSMEAN T PORMY STONE DM ANO mnn FWIC M PREVENT BACIOLOW INTO CONSINUCION AREA. 3)INSTALL PROPOSED SILT FENCE ALONG TOP OF BANK EACH SIDE OF THE OMS7RUCTICN AREA { UPON CONSTRUCIOW COMPLEION, REMOVE TEMPORARY DAMS, RLTER FABRIC. TEMPORARY DAM BOTTOMS INTO STREMI BED UNTIL TDP W OF RAR IS LEM WITH STREAM BOTTOM. S UPON STAB UTAIOM M CLEARED MEAS, REMOVE TEMIMRMY EARTH Sold, SEDIMENT , AND OEWATT/NNO BASIN. SEAL (•(off lAQlA F:iil FI.51 CAMBRIDGE PARK - PHASE 2 STREAM/WETLANDS IMPACTS 11-12 MELVII.LE TOWNSHIP-ALAMANCE COUNTY MEBANE-NORTH CAROLINA DECEMBER 10, 2019 SCALE: AS INDICATED 4609 Dundas Drive Greensboro, Leering, Inc. North Carolina 27407 Fax 336.854.8876 -Since t974— Phone 336.854,8877 Surveyors Planners Firm License No.: C-0168 Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 Fx: (919) 7SS-9492 Statement of Mitigation Credit Availability Motes Creek Mitigation Bank December 10, 2019 Mr. David Bailey Army Corps of Engineers Re: Availability of Compensatory Stream Credits Project: Cambridge Park - Phase 2 This document confirms that 228.52 Stream Credits (Credits) from the Motes Creek Mitigation Bank (Bank) are currently available and aff or a portion may be used, once transferred, for compensatory mitigation relative to the Cambridge Park -Phase 2 project, and as proposed by Desco Mebane Partners, 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 Mitigation Credit Transfer Certificate (Certificate) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Certificate to the Applicant, the Division of Water Resources (DWR) and, if needed, other regulatory agencies. In addition, we will provide DWR 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, J��*A A -_ Tiffani Bylow Restoration Systems, LLC ROY COOPER MICHAEL S. REGAN Sea Gary TIM BAUMGARTNER WWI& Eric Dischinger Desco Mebane Partners, LLC 3625 N. Elm Street, Suite 107-A Greensboro, NC 27455 Project: Cambridge Park -Phase 2 NORTH CAROLINA EhWronmwLWQuarlty December 10, 2019 Expiration of Acceptance: 6/10/2020 County: Alamance 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 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 on the DMS website Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit 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. River Basin Impact Location Impact Type Impact Quantity 1.-----(!-digit HUC)- --- - —. Cape Fear 03030002 Warm Stream 94 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: Brad Luckey, agent Sincerely, Ja s. Stanfill Ass M agement Supervisor D_EQ tid-th �arodrr,, ';cp rv•.a �i; Cnvlronmrntlli Qril!ry -. isionai Mty �,. _ �IA]C78�:'n North Carolna State Historic Preservation Offs... �' , ' _:: HELP[ HPQVaEBGSService (General Audience) OQaa Layers a BackgrOUnd thew pq w �a Search Results tOp j � Ir Fra 1 i> ep •��• _� •s J/ � It SAW-2017-02329 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-02329 County: Alamance U.S.G.S. Quad: NC- Mebane NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Three Oaks Engineering, Inc. Attn.: Nathan Howell Address: 324 Blackwell Street, Suite 1200 Durham, NC 27701 Size (acres)—233.89 Nearest Town Mebane Nearest Waterway Little Haw Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.044986 N.-79.295776 W Location description: The proiect area is located between the eastern terminus of Rock Bridge Drive and the western terminus of Burgess Drive, in Mebane, Alamance County, North Carolina. The Review Area for the Approved Jurisdictional Determination is delineated as the orange outlined "Review Area for Approved JD" on the attached may entitled "Figure 3:' The Review Area for the Preliminary Jurisdictional Determination includes the remainder of the area delineated as the red outlined "Review Area for Preliminary JD" on the attached map entitled "Figure V' Indicate Which of the Following Apuly: A. Preliminary Determination ® There appear to be waters including wetlands, on the above described "Review Area for Preliminary JD", that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated March 2018. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA U-IA jurisdiction over all of the waters including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters including wetlands, on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. SAW-2017-02329 ❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated _. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an,accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are no waters of the U.S., to include wetlands, present on the above described "Review Area for Approved JD", which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Bailev at (919) 554-4884 X 30 or David.E.Bailey2( )usace.army.mil. C. Basis For Determination: See the attached Approved Jurisdictional Determination Form and Preliminary Jurisdictional Determination Form, dated 5/2/2018 and 6/1/2018. respectively. D. Remarks: The Review Area for the Approved Jurisdictional Determination is delineated as the orange outlined "Review Area for Approved JD" on the attached may entitled "Figure 3." The Review Area for the Preliminary Jurisdictional Determination includes the remainder of the area delineated as the red outlined "Review Area for Preliminary JD" on the attached map entitled "Figure 3." E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 SAW-2017-02329 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form (for the Approved JD), it must be received at the above address by 7/30/2018. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 6/1/2018 Digitally signed by BAILEY.DAVID.E1379283736 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, 6 SuZUSA, cn=BAILEY.DAVID.E.1379283736 Date: 2018.06.01 1312:17-04'00' Expiration Date of Approved JD: 6/1/2023 Expiration Date of Preliminary JD: Not Applicable 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://coEpsmapu.usace.A=.mil/cm apex/Vp=136:4:0. Copy furnished: Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 �N�\NEER/y� �e,a'a°For Bob Dischinger, - Evans S Engineering 41833N\`�a�' Preliminary Jurisdictional Determination: Proposed Cambridge Park Jurisdictional Features Map Alamance County, North Carolina Date: March 2018 Scala: 0 200 400 Feel Job No. 17-612 Drawn By: Checkatl By: NMS NDH Figure 3 SAW-2017-02329 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND QUEST FOR APPEAL Applicant: Three Oaks Engineerioe, Inc. (Attu.: Nathan Howell) File Number: SAW-2017-02329 I Date: 6/1/2018 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter of permission) B IZ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The followidentifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or htto://www.usace.armv.mil/Missions/CivilWorks/RegulatoryProgramandPermits.asnx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section H of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the pernrit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section IT of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2017-02329 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. WWI SECTION 11- . RE FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: v If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you appeal process you may contact: may also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer atm: David E. Bailey CESAD-PDO Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 1OM15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o r[unity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David Bailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Array Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Appendix 2 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM • rlaweiv ►_ A. REPORT COMPLETION DATE FOR PJD: 6/1/2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Three Oaks Engineering (Attn: Nathan Howell) C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2017-02329 (Cambridge Park / Turner Road / Mebane / Alamance County / residential) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Alamance City: Mebane Center coordinates of site (lat/long in degree decimal format): Lat.: 36.043611 Long.:-79.292422 Universal Transverse Mercator: 17 Name of nearest waterbody: Little Haw Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 11/7/2017 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) See Attached List Aquatic resources in the review area which "may be" subject to regulatory jurisdiction Site Number Latitude Longitude Estimated amount of aquatic resource in review area If & ac Type of aquatic resource Geographic authority to which the aquatic resource "ma be" subject Little Haw Creek 36.045837 -79.298523 3,911 linear feet Non -wetland Section 404 SB 36.041584 -79.303739 84 linear feet Non -wetland Section 404 SC 36.044604 -79.300152 105 linear feet Non -wetland Section 404 SD 36.044351 -79.298919 888 linear feet Non -wetland Section 404 SE 36.046516 -79.302534 953 linear feet Non -wetland Section 404 SF 36.045916 -79.298326 53 linear feet Non -wetland Section 404 SG -I 36.045200 -79.293424 310 linear feet Non -wetland Section 404 SG-P 36.045801 -79.296090 1,425 linear feet Non -wetland Section 404 SH-1 36.048703 -79.292560 132 linear feet Non-wedand Section 404 SH-P 36.049160 -79.293596 590 linear feet Non -wetland Section 404 SI 36.040624 -79.291267 95 linear feet Non -wetland Section 404 SJ 36.040673 -79.291462 43 linear feet Non -wetland Section 404 WA 36.043316 -79.303328 0.02 acres Wetland Section 404 WB 36.045301 -79.299199 0.03 acres Wetland Section 404 WC 36.044987 -79.294797 0.02 acres Wetland Section 404 WD 36.048816 -79.295221 0.02 acres Wetland Section 404 WE 36.050628 -79.293031 <0.01 acres Wetland Section 404 WF 36.051531 -79.292233 0.03 acres Wetland Section 404 WG 36.040701 -79.291476 0.01 acres Wetland Section 404 WH 36.040726 -79.292878 0.08 acres Wetland Section 404 TA 36.045200 -79.293424 349 linear feet Non -wetland Section 404 TB 36.040689 -79.292186 82 linear feet Non -wetland Section 404 I Intermittent P — Perennial 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "maybe" waters of the U.S. and/or that there "maybe" 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: Aerial, topo, and soils maps (Three Oaks) 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. x❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. 0 U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Mebane 0■ Natural Resources Conservation Service Soil Survey. Citation: 1960 Alamance County Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ® Photographs: ❑x Aerial (Name & Date): ESRI 2014 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: 0 Other information (please specify): LiDAR WC Floodmaps) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by BAILEY.DAVID.E.1379283736 �DN: r-US, o=U.S. Government, ou=DoD, 0u ' ', ou=USA, rl`cn sAILEY.DAVID.E.1379283736 Date: 2018.06.01 13:1036-04'00' Signature and date of Regulatory staff member completing PJD . 4/3/2018 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): May 2, 2018 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Cambridge Park / Turner Road / Mebane / Alamance County / residential, SAW-2017-02329 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project area is located between the eastern terminus of Rock Bridge Drive and the western terminus of Burgess Drive, in Mebane, Alamance County, North Carolina. The Review Area for this AJD Form only covers the feature labeled "Isolated Wetland" and immediately surrounding uplands. The remainder of the review area for SAW-2017-02329 (Cambridge Park/Turner Road) is documented separately as a Preliminary JD. State: North Carolina County/parish/borough: Alamance County City: Hawfields Center coordinates of site (lat/long in degree decimal format): Lat. 36.0447444676583"N, Long.-79.2962983803823' W Universal Transverse Mercator: 17 653470.813990254.13 Name of nearest waterbody: UT to Little Haw Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: N/A Name of watershed or Hydrologic Unit Code (HUC): Haw, 03030002 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 11/7/2017 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There r no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There rare na ,waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 3 ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet, wide, and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: of A plicable, Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):3 ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: "Isolated Wetland" is completely surrounded by uplands, with no evidence of surface or subsurface flow from the wetlands to any RPW or non-RPW. The area downslope of this feature was evaluated in the field and no hydric soils, drainage patters, or any other evidence of surface or subsurface flow was observed between it and feature SG. Further, there is no adjacency or ecological connection to any water of the US. The wetland has no hydrologic connection, surface or subsurface, to any jurisdictional waters/wetlands. This feature appears to have 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section HI.F. - I - been historically rutted and compacted due to farming equipment/activity, likely contributing to it's depressional geomorphology. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section HLA.1 and Section HLD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I I I.A.I and 2 and Section IH.D.1.; otherwise, see Section IH.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section HLDA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.I for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: Average annual rainfall: inches Average annual snowfall: inches (B) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through - tributaries before entering TNW. Project waters are river miles from TNW. Project waters are river miles from RPW. Project waters are aerial (straight) miles from TNW. Project waters are aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. -3- Identify flow mute to TNWs: Tributary stream order, if known: (b) General Tributary Characteristics (check all that aoolv): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: []Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick M. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: _ Estimate average number of flow events in review area/year: - Describe flow regime: Other information on duration and volume: Surface flow is: � Characteristics: Subsurface flow: -. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWMa (check all indicator: that apply): ❑ clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑ vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ water staining ❑ other (list): ❑ Discontinuous OHWM.r Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (ihi) Chemical Characteristics: s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. °A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has be" removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. rlbid. -4- Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check an that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to eon-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non - Flow is: -. Explain: Surface flow is: - Characteristics: Subsurface flow: � Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick Usl river miles from TNW. Project waters aerial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland as within the - floodplain. (if) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (tu) Biological Characteristics. Weiland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Approximately acres in total are being considered in the cumulative analysis. For each wetland, specify the following: -5- Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet, wide, Or acres. ❑ Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: -6- 3. Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 11113 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters? As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from `waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'" ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 'See Footnote # 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. -7- ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ® Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ® Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MDR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ® Wetlands: 0.09 acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Topo and aerial photo maps (Three Oaks Engineering). ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:1:24K Mebane ® USDA Natural Resources Conservation Service Soil Survey. Citation: Alamance Co. Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2014 CGIA or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ® Other information (please specify): LiDAR (NC Floodmaps) B. ADDITIONAL COMMENTS TO SUPPORT JD: a w Water Resources Environmental Quality March 27, 2018 Mr. Nathan Howell Three Oaks Engineering 324 Blackwell St, Suite 1200 Durham, NC 27701 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500) On -Site Determination for Applicability to the Jordan Lake Buffer Rules (15A NCAC 2B .0267) Subject Property: Turner Rd, Mebane NC, Alamance County Dear Mr. Howell: This letter is an update to, and shall replace, the Stream Determination letter issued on January 23, 2018. On November 7, 2017, at your request, Sue Homewood conducted an on -site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. David Bailey with the US Army Corps of Engineers was also present during the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USAGE. The attached sketch accurately depicts all stream determinations conducted during the site visit. Please note that at the time of this letter, all perennial stream channels and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. The following streams shown on the attached map are also subject to the above referenced Jordan Lake Buffer Rules: SA, SD, SE, SG from flag SG (excluding the upper section labelled TA), SH, SI and SJ. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. State of North Carolina I Environmental Quality 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336-776-9800 Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue.homewood@,pedenr. gov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo.Map Updated March 2018 Three Oaks Jurisdictional Features Map Cc: Donald W. Burgess, 6051B Mount Zion Rd, Snow Camp, NC 27349 David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR, Winston-Salem Regional Office