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HomeMy WebLinkAbout20120466 Ver 1_401 Application_20120512WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS 1410 COMMONWEALTH DRIVE SUITE 1o1 WILMINGTON NORTH CAROLINA 28403 (9101) 256 9277 FAX (910) 256 2584 TO NC Division of Water Quality — 401 Wetlands Unit 1650 Mail Service Center Raleigh NC 27699 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter LETTER' L,F7L'LN 13MFT L DATE 5/8/12 1 JOB NO 02100060 00 ATTENTION Mr Ian McMillan PHONE# 91 807 6364 RE Fuquay Eastern Regional Park — PCN Submittal 4/26/12 02100060 00 NWP 39 PCN 1 /2/12 0210006o oo ® Attached ❑ Under separate cover via ❑ Prints ❑ Plans ❑ Samples ❑ Change order ❑ Diskette ❑ the following items ❑ Specifications COPIES DATE NO DESCRIPTION 4/26/12 02100060 00 NWP 39 PCN 1 /2/12 0210006o oo CD of PCN 1 /8/12 0210006o oo Check for $24o Ap licatlon Fee THESE ARE TRANSMITTED as checked below ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Signature Date COPYTO File SIGNED Troy Beasley if enclosures are not as noted kindly notdy us at once WITHERS RAVEN EL April 26, 2012 US Army Corps of Engineers Regulatory Field Office Attn: Mr. James Lastinger 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 ENGINEERS I PLANNERS I SURVEYORS NC- Division of Water Quality 401 Wetlands Unit Attn: Mr. Ian McMillan 1650 Mail Service Center. Raleigh, North Carolina 27699 Re: Fuquay Varina Eastern Regional Park — NWP 39 PCN Submittal W &R Project #0210006o.00 Dear Mr. Lastinger and Mr. McMillan, On behalf of the Town of Fuquay Varina, we are requesting authorization from the USACE to use NWP 39 for 0.235 acres of permanent impacts to jurisdictional wetlands. We are also requesting authorization from DWQ for 7,356 sq ft of impacts to riparian buffers. The project is ±13.66 acres in size and is located ±19oo if north of the intersection of NC 55 and Jones Lake Road, north of the South Lakes Subdivision in Fuquay Varina, Wake County (Latitude: 35.5765o8 °N; Longitude: - 78.754536 °W). The project is located in the Neuse River basin (HUC 030202o1) and onsite waters drain to Black Creek. The Water Quality Classification for Black Creek is C; NSW and the Stream Index Number is: 27-33-5• Proposed Project The proposed project consists of the construction of a community park which will provide recreation for the residents of Fuquay Varina. The proposed park will consist of a small parking area, a frisbee golf course, a play area and a greenway. The proposed greenway within the park will connect to the existing greenway within the South Lakes Subdivision. Project History Onsite wetlands were delineated by Withers and Ravenel on in January 2012. Data forms and JD Forms are included in support of our delineation. The onsite streams were determined to be present and subject to riparian buffers. Therefore, a Buffer Determination from DWQwas not requested. Proposed Impacts The proposed impacts consist of 0.235 acres of permanent wetland impacts for the construction of the proposed greenway. The construction of the greenway will also result in 3,494 sq ft of impacts to Zone 1 buffers and 3,862 sq ft of Zone 2 buffers. 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 www.withersravene[.com I License No. C -0832 WITHERS II RAVEN EL ENGINEERS I PLANNERS I SURVEYOR5 Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Due to the fixed tie -in point of the greenway within the South Lakes Subdivision, impacts could not be avoided entirely. Stream impacts have been avoided by utilizing pedestrian bridges to cross the onsite streams. Buffer impacts have been minimized by crossing the buffers at as close to perpendicular as possible. Mitigation The applicant proposes to mitigate for the 0.235 acres of permanent wetland impacts through the purchase of mitigation within the Pancho Stream & Wetland Mitigation Bank at a 2:1 ratio. This will result in the purchase of o.47o acres of riparian wetland mitigation for the proposed wetland impacts. Greenways are classified as an "Allowable Use" in the Table of Uses. Therefore, buffer mitigation is not required for the proposed buffer impacts. The current request is for 0.235 acres of permanent wetland impacts and 7,356 sq ft of riparian buffer impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, Troy Beasley Environmental Scientist Attachments: • PCN Form • Agent Authorization • Owner Information • Exhibits • Letter of Availability from Pancho Mitigation Bank • JD Supporting Information (Corps Application Only) WITHERS RAVENEL Page 2 of ENGINEERS I PLANNERS I SURVEYORS o�oF w a rF9o� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? NWP 39 ® 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 In 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: Eastern Regional Park 2b. County: Wake 2c. Nearest municipality / town: Fuquay - Varina 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: PIN — 06763479676 — Town of Fuquay Varina PIN — 0676340956 — South Lakes Investors, LLC 3b. Deed Book and Page No. See Attached Owner Information Appendix for complete information. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Town of Fuquay Varina 4b. Name: Jon Barlow — Town Manager 4c. Business name (if applicable): Town of Fuquay Varina 4d. Street address: 401 Old Honeycutt Road 4e. City, state, zip: Fuquay Varina, NC 27526 4f. Telephone no.: 919 - 552 -1400 4g. Fax no.: 919 - 552 -7481 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910 - 256 -9277 5f. Fax no.: 910 - 256 -2584 5g. Email address: tbeasley @withersravenel.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 0676340956;06763479676 1 b. Site coordinates (in decimal degrees): Latitude: 35.576508 °N Longitude: - 78.754536 °W (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: 13.66 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Black Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C;NSW (Stream Index # 27 -33 -5) 2c. River basin: Neuse — HUC 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing conditions currently consist of undeveloped woodlands. The land use in the general vicinity consists of a mixture of undeveloped woodlands as well as residential and commercial development. 3b. List the total estimated acreage of all existing wetlands on the property: 2.72 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1540 If 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a community park that will serve the Fuquay community. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of the construction of a community park, which will include parking area, a play area, a frisbee golf course and a greenway trail which will connect to the existing greenway within the South Lakes Subdivision. The greenway will be constructed within an existing cleared sewer line corridor. Pedestrian bridges will be utilized for stream crossings. Standard commercial construction equipment will be used to construct the project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ®No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 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. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) Impact #4 Herbaceous El Yes ®Corps ® P ❑ T Fill for Greenway (Cleared Sewer ® No ® DWQ 0.235 ac Easement 2g. Total wetland impacts 0.235 ac 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts N/A 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then complete 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 K 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 number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for impact Stream name mitigation (square feet) (square feet) or Temporary required? (T) Impact #1 ® P ❑ T Fill for Greenway UT to Black Creek ❑ Yes ® No 1,280 sq ft 1,727 sq ft Impact #2 ® P ❑ T Fill for Greenway UT to Black Creek ❑ Yes ® No N/A 631 sq ft Impact #3 ® P ❑ T Fill for Greenway UT to Black Creek ❑ Yes ® No 2,214 sq ft 1,504 sq ft 6h. Total buffer impacts 3,494 sq ft 3,862 sq ft 6i. Comments: Greenways are identified as an "Allowable" use, which does not require mitigation. 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. Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Due to the fixed tie -in point of the greenway within the South Lakes Subdivision, impacts could not be avoided entirely. Stream impacts have been avoided by utilizing pedestrian bridges to cross the onsite streams. Buffer impacts have been minimized by crossing the buffers at as close to perpendicular as possible. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The greenway has been designed to utilize pedestrian bridges to cross the stream to avoid stream impacts. Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ® Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Pancho Stream & Wetland Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Riparian Wetland Quantity 0.47 acres 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: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 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 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 8of11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The majority of the greenway will be constructed at grade which allows diffuse flow. In areas where the greenway is above grad, there will be swales on ❑ Yes ® No the high side of the greenway which directs runoff into the onsite wetlands to achieve diffuse flow prior to entering the buffer. The proposed parking area will drain into the existing ditch along NC 55. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 4.27% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed project will result in less than 24% impervious area, which does not require a stormwater management plan. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the 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? ❑ 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 Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No 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 ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project consists of a community park, which will not be catalyst for future development. 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. N/A Page 10 of 11 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? E] 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? W &R reviewed the NC Natural Heritage Program database, located at http: / /portal.ncdenr.org /web /nhp, to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP database did not identify any recent occurrences of endangered species or critical habitat on the subject property or within 2.0 miles of the project. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters in Wake County classified as EFH. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? There were no historic or cultural resources observed within the 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? www.ncfloodmaps.com Troy Beasley l �� Authorized Agent Applicant /Agent's Printed Name Date Applicant /Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM WITH ER5 6V RAVEN EL ENGINEERS I PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner(s) Town of Fuguav Varina do(es) hereby appoint Troy Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, etc.) and /or; b) preparation and submittal of appropriate environmental permit applications /requests for the Eastern Regional Park project. The owner does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests /applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the property owner. Agent's Name, Address & Telephone: Troy Beasley / Withers & Ravenel, Inc. 1410 Commonwealth Drive, Suite 101 Wilmington, NC 28403 Tel. (910) 256 -9277 Date: & l Zol Signature of Owner(s): I G WA r- (Name - Print) (Title) (Signature) 4"eMTE1D Mailing Address && z7�tQ City . � State Zip 111 MacKenan Drive Cary, NC 275111 tel.: 919.469.3340 fax: 919.467 -6008 1 www.withersravenel.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 PROPERTY OWNER INFORMATION Eastern Regional Park Property Owner Information PIN 06763479676 — f2.6 acres Owner — Town of Fuquay Varina Jon Barlow — Town Manager 401 Old Honeycutt Road Fuquay Varina, NC 27526 Deed Book — 07346 Page No. — 0464 PIN 0676340956 — ±11.03 acres Owner — South Lakes Investors, LLC Tim Smith 100 Weston Estates Way Cary, NC 27513 919 - 481 -3000 vane ssa prestondev.com Deed Book — 14212 Page No. - 2279 USGS QUAD MAP WAKE COUNTY SOIL SURVEY A ft. h v C- ��� ;two'• i+� y - i t ` 4 # r s - •. * _ r # ,y ■ 1 - F► 1 ■ r r . WEPT �7 t 7 r P 1r t ■ u � 4\ A PROPOSED WETLANDS GREENWAY +f � F ............ .......... RISDICTION � JU AL STREAM = - 4'„ ar GRAPHIC SCALE 0 250 500 'z+ , ' + �. _! 64 1 inch = 500 ft. _ +� ap ... t *�•, �,. • � � ! + _�� 1. � ��. s r _ ' NON, ' •* • L �f 40p• EASTERN REGIONAL PARK USGS QUAD - FUQUAY VARINA WITHERS RAVENEL ■Mi1NLLRS 1 PLAMN[RS 1 tORYLYORS I L[']L �V L'•V{IY� WAKF cot,NTY tiOR71{ CARpl 1�1A •. GRAPHIC SCALE 0 1000 2000 �3 , 4 - l - •' C 1 inch — 2000 ft. y0�1. • It �' Points VlfiliQ r'�-I ti .• ' 'i • 1 �I •ti • :ter r r. �"� psi 1 Pat l ,:•_�� , �01 V WW r I I • � ��:��� ,.Jl � e \ Apr -' � r' �= � y 1 r J, 1f.. V. 1 r + 1134[' � •'�, � � •�. - . `� �� � t Tolland • � � � Jq�' _ ! � t"'� i i '� 1 � ■ 'ti/- � fir. �� .��� 4 tt � � / .H Mr 5�,1 . n ` _, hs�l 'R'r r r •,, EASTERN REGIONAL PARK LOCATION MAP W�TF#ERSLR3RAVENEL GRAPHIC SCALE I inch = 50o ft. LOIN 9 WaB 1 NoB ■ wac 4y N o B Wa B w WaC NoB waa wac Ly WaB i w 0 WgA WgA WaC -woe- w 08 N Wa( W=Q -wa EASTERN REGIONAL PARK WAKE CO. SOIL SURVEY - SHEET 98 WITHERS RAVEN EL I PLANNERS 1 SURVEYORS 1" 1•M1hl \M1 WAKE Ffll.\TY %1111 {ARCH MA PANCHO MITIGATION BANK LETTER OF AVAILABILITY Mitigation Credit Reservation Confirmation Letter Statement of Availability Pancho Stream & Wetland Mitigation Bank April 26, 2012 NC Division of Water Quality U.S. Army Corps of Engineers 401 Oversight /Express Permitting Unit CESAW -RG -R 1650 Mail Service Center Raleigh Regulatory Field Office Raleigh, NC 27699 -1650 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re: Reservation of Compensatory Wetland Mitigation Credits Project: Town of Fuquay Varina — Eastern Regional Park Corps AID #: DWQ Proj #: This document confirms that The Town of Fuquay Varina (Applicant) has reserved for purchase 0.47 Wetland Mitigation Credits from the Pancho Stream & Wetland Mitigation Bank. Restoration Systems (RS) attests to the fact that 0.47 wetland credits are currently available for immediate transfer from its Official Bank Credit Ledger to Applicant and that as of this date RS has placed 0.47 credits into "no- sale " - reservation status under the name of the project referenced on this document (Project). Forty -seven one hundredths (0.47) credits will remain in reservation status until payment in full is received from the Applicant, resulting in the issuance of a Credit Transfer Certificate by RS acknowledging that the applicant has fully secured credits from the bank and RS has accepted full responsibility for the mitigation obligation requiring the credits. If RS does not receive payment in full for the Mitigation Credits within thirty (30) prior to the initiation of Project Town of Fuquay Varina — Eastern Regional Park — Compensatory Mitigation — RS — Page 1 construction, RS has the right to terminate this Reservation Letter, in which case RS will have no further obligation to provide mitigation credits to the Applicant. RS will issue the Transfer Certificate within ten (10) days of receipt of the Purchase Price. RS shall provide to Applicant the Transfer Certificate debiting credits from the Bank Official Credit Ledger showing the permit number and the resource type secured by the applicant, and will send an a copy of the Transfer Certificate with an updated Official Credit Ledger to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919 - 334 -9119 Best regards, Tara Disy Allden Regulatory Manager Restoration Systems, LLC Town of Fuquay Varina — Eastern Regional Park — Compensatory Mitigation — RS — Page 2 JD SUPPORTING INFORMATION (CORPS APPLICATION ONLY) WITHERS u RAVEN EL ENGINEERS I PLANNERS I SURVEYORS JD Request Information Eastern Regional Park Applicant - Town of Fuquay Varina Jon Barlow — Town Manager 401 Old Honeycutt Road Fuquay Varina, NC 27526 Written Authorization — See attached Agent Authorization form Project Location — Project site is located ±1900 if north of the intersection of NC 55 and Jones Lake Road, north of the South Lakes Subdivision in Fuquay Varina, Wake County. County — Wake County PIN# -0676340956;06763479676 Nearest Waterbody — Black Creek Drainage Basin — Neuse River HUC Code — 03020201 Decidegrees — 35.576508 °N; - 78.754536 °W USGS Quad Map — Fuquay Varina Soil Survey Sheet(s) — Wake Co. Soil Survey — Sheet 98 Total Area — ±13.66 acres Wetland Area — ±2.72 acres RPWs — ±1540 if (streams) 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 www.withersravene[.com I License No. C -0832 1< GRAPHIC SCALE 100 200 k4 I inch 200 ft. WETLAND G h '� �•`v -� •ll. WETLAND JURISDSCTIONAL WETLAND E of STREAM C]� ` WETLAND 8 a'► i WETLANLI D WETLAND A l WETLAND — _ •� t �- - • JURISDICTIONAL �. Ys STREAM ar Llu f ' •� C RAPH IC SCALE r loo 200 1 inch 200 ft. Wa NoB s • � T� r t r EASTERN REGIONAL PARK WAKE CO. SOIL SURVEY - SHEET 98 WITHERS RAVENEL [Mi1N { {RS 1 PLANNERS IfORYIYORf F UAY VNPNn H'Al:k Co UNJ Y NORNI CAMLINA 11 1 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Eastern Regional Park City /County: Fuquay, Wake County Sampling Date: 2012 -01 -31 Applicant /Owner: Town of Fuquay Varina State: NC Sampling Point: DP -1 Investigator(s): Troy Beasley - W &R Section, Township, Range. Landform (hillslope, terrace, etc.):. Local relief (concave, convex, none): Slope ( %): <5% Subregion (LRR or MLRA): LRR P Lat: 35.576508 °N Long: - 78.754536 °W Datum: NAD27 Soil Map Unit Name: Wedhadkee and Bibb Soils NWI classification: Headwater Forest Are climatic / hydrologic conditions on the site typical for this time of year? Yes 0 No ❑ (If no, explain in Remarks.) Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes x❑ No ❑ Are Vegetation ❑, Soil ❑, or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ❑x No ❑ Is the Sampled Area Hydric Soil Present? Yes x El No ❑ within a Wetland? Yes El No ❑ Wetland Hydrology Present? Yes El No Remarks: This sampling point is located within Wetland E. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is reauired. check all that apply) Surface Soil Cracks (136) 12 Surface Water (Al) 0 Water- Stained Leaves (B9) ❑ Sparsely Vegetated Concave Surface (138) Q High Water Table (A2) ❑ Aquatic Fauna (1313) ❑I Drainage Patterns (1310) 0 Saturation (A3) Marl Deposits (1315) (LRR U) r t-1 Moss Trim Lines (1316) BWater Marks (B1) Hydrogen Sulfide Odor (C1) Dry- Season Water Table (C2) Sediment Deposits (132) x Oxidized Rhizospheres on Living Roots (C3) Crayfish Burrows (C8) BDrift Deposits (133) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) 0 Iron Deposits (B5) _❑ Thin Muck Surface (C7) ❑ Shallow Aquitard (D3) 0 Inundation Visible on Aerial Imagery (137) ❑ Other (Explain in Remarks) x❑ FAC- Neutral Test (D5) Field Observations: Surface Water Present? Yes ❑ No 0 Depth (inches): Water Table Present? Yes IT No El Depth (inches): 22 Saturation Present? Yes 0 No ❑ Depth (inches): 8" Wetland Hydrology Present? Yes IT No ❑ includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Wetland hydrology was present at this sampling point. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Interim Version VEGETATION — Use scientific names of plants. Sampling Point: DP -1 Tree Stratum 30' Radius Absolute % Cover Dominant Indicator Sp Status ❑ominancc Test worksheet: (Plot size: } cieO Number of Dominant Species 1. Acer rubrum 40% x ❑ FAC That Are OB $ L, FACW, or FAC: (A) 2 Liquidambar styraciflua 20% FAC ❑ Total Number of Dominant 8 3• Species Across All Strata: 4. ❑ 5. Percent of Dominant Species 100% That Are OBL, FACW, or FAC 7 ❑ Prevalence Index worksheet: 60% = Total Cover Total % Cover of: Multiply by: Sapling Stratum (Plot size: 30' Radius ) OBL species x 1 = 1 Acer rubrum 15% x❑ FAC FACW species x 2 = 2 Ilex opaca 10% ❑x FAC FAC species x 3 = FACU species x 4 = . 3. _ ❑ 4• ❑ UPL species x 5 = — Column Totals: (A) (B) 5. Cl 6. ❑ Prevalence Index = B/A = _ ❑ 7 25% Hydrophytic Vegetation Indicators: Shrub Stratum (Plot size: 30' Circle ) = Total Cover X Dominance Test is >50% 1 Clethra alnifolia 15% [F] FACW Prevalence Index is s3.0' 2 Vaccinium corymbosum 10% x❑ FACW _ Problematic Hydrophytic Vegetation' (Explain) 3. ❑ 4 ❑ 'Indicators of hydric soil and wetland hydrology must ❑ be present, unless disturbed or problematic. 5 6. ❑ Definitions of Vegetation Strata: 7. ❑ - ° 25% Tree - Woody plants, excluding woody vines, 10' Circle = Total Cover approximately 20 ft (6 m) or more in height and 3 in Herb Stratum (Plot size: (7.6 cm) or larger in diameter at breast height (DBH) 1 Arundinaria gigantea 20% 0 FACW ❑ Sapling -Woody plants, excluding woody vines, 2• — approximately 20 ft (6 m) or more in height and less 3 ❑ than 3 in. (7.6 cm) DBH. 4. -- ❑ Shrub -Woody plants, excluding woody vines, 5. ❑ approximately 3 to 20 ft (1 to 6 m) in height. 6. ❑ --- ❑ Herb -All herbaceous (non- woody) plants, including 7. herbaceous vines, regardless of size. Includes woody 8 ❑ plants, except woody vines, less than approximately ❑ 3 ft (1 m) in height. 9 10. ❑ Woody vine - All woody vines, regardless of height. 11. ❑ 12. ❑ 20% =Total Cover Woody Vine Stratum (Plot size: 10' Circle y 1 Smilax rotundifolia 10% 0 FAC — 2. ❑ 3. ❑ 4. ❑ Hydrophytic ❑ 5• - ° 10 /o =Total Cover Vegetation Present? Yes ❑x No ❑ Remarks: (If observed, list morphological adaptations below). The vegetation at this sampling point was hydrophytic. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point: DP -1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) _ % Tvpe Loc Texture _ Remarks 0 -6 10YR 3/2 LS Loamy Sand 6 -14+ 10YR 4/2 7.5YR 4/6 'Type: C =Concentration, D= Depletion, RM= Reduced 8 dric Soil Indicators: Histosol (Al) Q Histic Epipedon (A2) a Black Histic (A3) Q Hydrogen Sulfide (A4) ❑ Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) �.1 Depleted Below Dark Surface (A11) a Thick Dark Surface (Al2) Q Coast Prairie Redox (A16) (MLRA 150A) Q Sandy Mucky Mineral (S1) (LRR O, S) Q Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Q Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): 5% C PL LS Loamy Sand CS= Covered or Coated Sand Grains. 2Location: PL =Pore Lining, M= Matrix. Indicators for Problematic Hydric Soils: ❑Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20) _Depleted Redox Dark Surface (F6) Dark Surface (F7) (MLRA 153B) Red Parent Material (TF2) Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) (LRR T, U) Marl (F10) (LRR U) Other (Explain in Remarks) - ryDepleted Ochric (F11) (MLRA 151) Iron- Manganese Masses (F12) (LRR 0, P, T) Umbric Surface (1713) (LRR P, T, U) Delta Ochric (F17) (MLRA 151) Reduced Vertic (F18) (MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (MLRA 149A) Anomalous Bright Loamy Soils (F20) (MLRA 149A, e soils at this sampling point were hydric. 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. 153C, 153D) Hydric Soil Present? Yes El No ❑ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: South Lakes Subdivision Applicant /Owner: Town of Fuquay Varina Investigator(s): Troy Beasley - W &R City /County: Fuquay, Wake County State: NC Section, Township, Range Sampling Date: 2012 -01 -31 Sampling Point: DP -2 Landform (hillslope, terrace, etc.): Local relief (concave, convex, none):. Slope ( %): <5% Subregion (LRR or MLRA): LRR P Lat: 35.575675 °N Long: - 78.742347 °W Datum: NAD27 Soil Map Unit Name: Wagram loamy sand - 6 -10% slopes NWI classification. Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes ❑x No ❑ (If no, explain in Remarks.) Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes X❑ No ❑ Are Vegetation ❑, Soil ❑, or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. rHdrophytic Vegetation Present? Yes 0 No ❑ Is the Sampled Area dric Soil Present? Yes ❑ No ❑ No ❑ within a Wetland. Yes tland Hydrology Present? Yes This sampling point is located within uplands adjacent to Wetland E. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required check all that apply) Q Surface Water (Al) _❑ Water- Stained Leaves (139) Q High Water Table (A2) ❑ Aquatic Fauna (613) 0 Saturation (A3) Marl Deposits (B15) (LRR U) BWater Marks (B1) Hydrogen Sulfide Odor (Cl) Sediment Deposits (132) Oxidized Rhizospheres on Living Roots (C3) BDrift Deposits (B3) Presence of Reduced Iron (C4) ❑ Algal Mat or Crust (134) _ Recent Iron Reduction in Tilled Soils (C6) 0 Iron Deposits (135) ❑ Thin Muck Surface (C7) 0 Inundation Visible on Aerial Imagery (67) ❑ Other (Explain in Remarks) Field observations: Surface Water Present? Yes ❑ No 0 Depth (inches): Water Table Present? Yes El No El Depth (inches): >24 Saturation Present? Yes ❑x No ❑ Depth (inches): 20 (includes capillary_ fringe) Describe Recorded Data (stream► gauge, etland hydrology was not present at this sampling point. Secondary Indicators (minimum of two required) 0 Surface Soil Cracks (136) ❑ Sparsely Vegetated Concave Surface (138) T ❑I Drainage Patterns (1310) I J Moss Trim Lines (1316) Dry- Season Water Table (C2) _ Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Geomorphic Position (D2) Shallow Aquitard (D3) ❑ FAC- Neutral Test (D5) Wetland Hydrology Present? Yes ❑ No ❑x , previous inspections), it avauaule: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version VEGETATION — Use scientific names of plants. Sampling Point: DP -2 Tree Stratum (Plot size: 30 Radius ) Absolute % Cover Dominant Indicator Species? Status Dominance Test worksheet: Number Dominant Species 1 Liquidambar styraciflua 25% ❑x FAC of That Are OBL, FACW, or FAC: 6 (A) 2 Acer rubrum 15% 0 FAC g Quercus alba 15% 0 FACU Total Number of Dominant 9 Species Across All Strata: (B) 4 Pinus taeda 10% ❑ FAC ❑ Percent of Dominant Species o 66 /� 5• That Are OBL, FACW, or FAC (A/B} 6. ❑ 7 ❑ Prevalence Index worksheet: 50% = Total Cover Total % Cover of: Multiply by: Sapling Stratum (Plot size: 30' Radius ) OBL species x 1 = 1 Liquidambar styraciflua 20% 0 FAC FACW species x 2 = 2. Acer rubrum 10% 0 FAC FAC species x 3 = 3• ❑ FACU species x 4 = 4_ ❑ UPL species x 5 = 5• ❑ Column Totals: (A) (B) 6. ❑ ❑ Prevalence Index = B/A = 7 Hydrophytic Vegetation Indicators: Shrub Stratum (Plot size: 30' Circle = Total Cover X Dominance Testis >50% — 1 Symplocos tinctoria 15% ❑x FAC Prevalence Index is <_3 0' 2 ❑ _ Problematic Hydrophytic Vegetation' (Explain) 3. 4 ❑ 'Indicators of hydric soil and wetland hydrology must ❑ be present, unless disturbed or problematic. 5 6. ❑ Definitions of Vegetation Strata: 7. ❑ - — 15% Tree - Woody plants, excluding woody vines, 10' Circle = Total Cover approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: y (7.6 cm) or larger in diameter at breast height (DBH). 1 Pteridium aquilinum 10% x❑ FACU ❑ Sapling - Woody plants, excluding woody vines, 2. approximately 20 ft (6 m) or more in height and less 3 ❑ than 3 in. (7 6 cm) DBH. 4• ❑ ❑ Shrub - Woody plants, excluding woody vines, 5. approximately 3 to 20 ft (1 to 6 m) in height. 6. ❑ Herb -All herbaceous (non- woody) plants, including 7. herbaceous vines, regardless of size. Includes woody 8 ❑ plants, except woody vines, less than approximately ❑ 3 ft (1 m) in height. 9. 10. ❑ Woody vine - All woody vines, regardless of height. 11. ❑ 12. ❑ Woody Vine Stratum (Plot size: 10' Circle 10% =Total Cover 1 Rubus floricomus 15% 0 FACU 2 Smilax rotundifolia 100/6 0 FAC 3. _ ❑ 4. ❑ 0 Hydrophytic 5• 25% = Total Cover Vegetation ❑ Present? Yes No Remarks: (If observed, list morphological adaptations below) The vegetation at this sampling point was considered hydrophytic based on the dominance test. However, it should be noted that the vegetation fails the FAC - Neutral test. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point: DP -2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % TypgL Loc Texture Remarks 0 -7 10YR 3/2 LS Loamy Sand 7 -14+ 10YR 4/3 LS Loamy Sand 'Type: C =Concentration, D= Depletion, RM= Reduced Matrix, CS= Covered or Coated Sand Grains. 2Location: PL =Pore Lining, M= Matrix H dric Soil Indicators: Histosol OPolyvalue Below Surface (S8) (LRR S, T, U) Indicators for Problematic Hydric Soils': 1 cm Muck (A9) (LRR O) (Al) Q Histic Epipedon (A2) _OThin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Q Black Histic (A3) Loamy Mucky Mineral (F1) (LRR 0) Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) _01-oamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20) ❑. Organic Bodies (A6) (LRR P, T, U) ❑ 5 Mucky Mineral P, T, U) URedox Dark Surface (F6) Depleted Dark Surface (MLRA 153B) Red Parent Material (TF2) cm (A7) (LRR (F7) Presence (A8) (LRR U) rlRedox Depressions (F8) _ Very Shallow Dark Surface (TF12) (LRR T, U) eMuck 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) D Other (Explain in Remarks) ❑ Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Q Thick Dark Surface (Al2) Iron- Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and a Coast Prairie Redox (A16) (MLRA 150A) �Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Q Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Q Sandy Gleyed Matrix (S4) OReduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) [� Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches) he soils at this sampling point were not hydric. Hydric Soil Present? Yes ❑ No El US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Eastern Regional Park City /County: Fuquay, Wake County Sampling Date: 2012 -01 -31 Applicant/Owner: Town of Fuquay Varina State: NC Sampling Point: DP -3 Investigator(s): Troy Beasley - W &R Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): one Slope ( %): <5% Subregion (LRR or MLRA): LRR P Lat: 35.576508 °N Long: - 78.754536 °W Datum: NAD27 Soil Map Unit Name: Wedhadkee and Bibb Soils NWI classification: Headwater Forest Are climatic I hydrologic conditions on the site typical for this time of year? Yes ❑x No ❑ (If no, explain in Remarks.) Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes ❑x No ❑ Are Vegetation ❑, Soil ❑, or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes El No ❑ Is the Sampled Area Hydric Soil Present? Yes x ❑ Wetland Hydrology Present? Yes ❑x No ❑ Within a Wetland? Yes 0 13 No Remarks: This sampling point is located within Wetland A. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) ❑ Surface Soil Cracks (136) Q Surface Water (Al) Water- Stained Leaves (139) ❑ Sparsely Vegetated Concave Surface (B8) a High Water Table (A2) ❑I Aquatic Fauna (1313) ❑ Drainage Patterns (1310) 0 Saturation (A3) T Marl Deposits (B15) (LRR U) Moss Trim Lines (1316) Water Marks (B1) Hydrogen Sulfide Odor (Cl) Dry- Season Water Table (C2) Sediment Deposits (132) Oxidized Rhizospheres on Living Roots (C3) Crayfish Burrows (C8) BDrift Deposits (133) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (134) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) ❑ Iron Deposits (135) _❑ Thin Muck Surface (C7) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (137) ❑ Other (Explain in Remarks) x❑ FAC- Neutral Test (D5) Field Observations: Surface Water Present? Yes ❑ No Depth (inches): Water Table Present? Yes El No El Depth (inches): 22 Saturation Present? Yes IT No ❑ Depth (inches): 8 Wetland Hydrology Present? Yes 0 No El (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Wetland hydrology was present at this sampling point. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version VEGETATION — Use scientific names of plants. Sampling Point: DP -3 Tree Stratum (Plot size: 30 Radius ) 1 Acer rubrum Absolute % Cover 40% Dominant Indicator Species? Status IT FAC Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) 2 Liquidambar styraciflua 20% FAC Total Number of Dominant Species Across All Strata: 5 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100% (A/B) 3- 4. 5• 6. 7 Sapling Stratum (Plot size: 30' Radius ) o 60 /o ❑ ❑ ❑ ❑ ❑ =Total Cover Prevalence Index worksheet: Total % Cover of: Multiply b — y' OBL species x 1 = , 1 Acer rubrum 25% ❑x FAC FACW species x 2 = 2. ❑ FAC species x 3 = 3, ❑ FACU species x 4 = 4. ❑ UPL species x 5 = 5, ❑ Column Totals: (A) (B) 6. ❑ Prevalence Index = B/A = 7. Shrub Stratum (Plot size: N/A ) 25% El = Total Cover Hydrophytic Vegetation Indicators: X Dominance Test is >50% 1 ❑ _ Prevalence Index is :53.01 2 ❑ _ Problematic Hydrophytic Vegetation' (Explain) 3. ❑ 4 5 ❑ ❑ 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 6- ❑ Definitions of Vegetation Strata: 7. Tree – Woody plants, excluding woody vines, Herb Stratum (Plot size: 10' Circle ) = Total Cover approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). 1 Arundinaria gigantea 2. 3 25% ❑x FACW ❑ ❑ Sapling –Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 4• 5. ❑ ❑ Shrub – Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. 6. 7. - ❑ Herb –All herbaceous (non- woody) plants, including herbaceous vines, regardless of size. Includes woody 8 9 ❑ ❑ plants, except woody vines, less than approximately 3 ft (1 m) in height. 10. ❑ Woody vine – All woody vines, regardless of height. 11. ❑ 12. ❑ Woody Vine Stratum (Plot size: 10' Circle ) 25% = Total Cover 1 Smilax rotundifolia 10% ❑x FAC 2. ❑ 3- ❑ 4- 5- 10% ❑ ❑ = Total Cover Hydrophytic Vegetation ❑ Present? Yes 0 No Remarks: (If observed, list morphological adaptations below). The vegetation at this sampling point was hydrophytic. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Interim Version SOIL Profile Description; (Describe to the del Depth Matrix inches Color (moist) % 0 -6 10YR 3/2 6 -14+ 10YR 4/2 RM Sampling Point: DP -3 needed to document the indicator or Confirm the aosence of inaicators.) Redox Features Color (moist) % Type Loc 7.5YR 4/6 H dric Soil Indicators: Histosol (Al) Q Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (A7) (LRR P, T, U) B_ Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) ❑ Depleted Below Dark Surface (A11) Q Thick Dark Surface (Al2) Q Coast Prairie Redox (A16) (MLRA 150A) Q Sandy Mucky Mineral (S1) (LRR O, S) Sandy Gleyed Matrix (S4) j� Sandy Redox (S5) a Stripped Matrix (S6) Q Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type Depth (inches): 5% C PL Texture Remarks SL Sandy Loam SL Sandy Loam Matrix, CS= Covered or Coated Sand Grains. Indicators for Problematic Hydric Soils': 2Location: PL =Pore Lining, M= Matrix. OPolyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) X Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20) L-IRedox Dark Surface (F6) (MLRA 153B) _Depleted Dark Surface (F7) Red Parent Material (TF2) Redox Depressions (F8) Very Shallow Dark Surface (TF12) (LRR T, U) eMarl (F10) (LRR U) Other (Explain in Remarks) Depleted Ochric (F11) (MLRA 151) 3Indicators Iron- Manganese Masses (F12) (LRR O, P, T) of hydrophytic vegetation and Urnbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, �DReduced Delta Ochric (F17) (MLRA 151) Vertic (F18) (MLRA 150A, 150B) unless disturbed or problematic. Piedmont Floodplain Soils (F19) (MLRA 149A) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) e soils at this sampling point were hydric. Hydric Soil Present? Yes 0 No El US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Eastern Regional Park Applicant /Owner: Town of Fuquay Varina Investigator(s): Troy Beasley - W &R Landform (hillslope, terrace, etc.): Subregion (LRR or MLRA): LRR P Soil Map Unit Name: Wedhadkee and Bibb Soils Are climatic / hydrologic conditions on the site typical for this time of year? Yes ❑x No ❑ (If no, explain in Remarks ) Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes ❑x No ❑ Are Vegetation ❑, Soil ❑, or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. City /County: Fuquay, Wake County State: NC Section, Township, Range: Sampling Date: 2012 -01 -31 Sampling Point: DP -4 Local relief (concave, convex, none): Slope ( %): <5% Lat: 35.576508 °N Long: - 78.754536 °W Datum: NAD27 NWI classification: Upland Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Remarks: Yes El No ❑ Yes ❑ No El Yes ❑ No El Is the Sampled Area within a Wetland? Yes D No 0 This sampling point is located within uplands adjacent to Wetland A. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators minimum of one is reauired: check all that a a Surface Water (Al) _❑ Water- Stained Leaves (139) 12 High Water Table (A2) ❑ Aquatic Fauna (1313) 0 Saturation (A3) Marl Deposits (1315) (LRR U) R Water Marks (131) Hydrogen Sulfide Odor (Cl) ❑ Sediment Deposits (132) Oxidized Rhizospheres on Living Roots (C3) BDrift Deposits (133) Presence of Reduced Iron (C4) ❑ Algal Mat or Crust (134) _ Recent Iron Reduction in Tilled Soils (C6) ❑ Iron Deposits (135) ❑ Thin Muck Surface (C7) 0 Inundation Visible on Aerial Imagery (137) ❑ Other (Explain in Remarks) Field observations: Surface Water Present? Yes ❑ No El Depth (inches): Water Table Present? Yes No El Depth (inches): >24 Saturation Present? Yes ❑ No El Depth (inches): >24 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous nd hydrology was not present at this sampling point. Secondary Indicators (minimum of two required) ❑ Surface Soil Cracks (B6) ❑ Sparsely Vegetated Concave Surface (B8) ❑ Drainage Patterns (B10) Moss Trim Lines (B16) Dry- Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) _ Geomorphic Position (D2) ❑ Shallow Aquitard (D3) ❑ FAC- Neutral Test (D5) Wetland Hydrology Present? Yes El No El ble: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version VEGETATION — Use scientific names of plants. Sampling Point: DP -4 Tree Stratum 30 Radius Absolute % Cover Dominant Indicator Species? Status Daminance Test worksheet: (Plot size: Number of Dominant Species 1 Pinus taeda 50% ❑x FAC That Are OBL, FACW, or FAC 4 (A) 2 Liquidambar styraciflua 20% ❑ FAC ❑ Total Number of Dominant 4 1 Species Across All Strata: (B) 4_ ❑ ❑ Percent of Dominant Species 100% 5. That Are OBL, FACW, or FAC: 6. ❑ ❑ Prevalence Index worksheet: 7 70% = Total Cover Total % Cover of: _Multiply by: Sapling Stratum (Plot size: 30' Radius ) OBL species x 1 = 1 Liquidambar styraciflua 15% 0 FAC FACW species x 2 = 2 Ilex opaca 20% ❑x FAC_ FAC species x 3 = 3. ❑ FACU species x4= 4. ❑ UPL species x 5 = 5. ❑ Column Totals: (A) (B) 6. ❑ ❑ Prevalence Index = B/A = 7 35% Hydrophytic Vegetation Indicators: Shrub Stratum (Plot size: N/A I = Total Cover X Dominance Test is >50% 1 ❑ _ Prevalence Index is 53.0' 2 ❑ _ Problematic Hydrophytic Vegetation' (Explain) 3. ❑ 4 ❑ 'Indicators of hydric soil and wetland hydrology must ❑ — be present, unless disturbed or problematic. 5 l 6. ❑ Definitions of Vegetation Strata: 7- ❑ Tree – Woody plants, excluding woody vines, N/A = Total Cover approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: y (7.6 cm) or larger in diameter at breast height (DBH). 1 ❑ ❑ Sapling – Woody plants, excluding woody vines, 2 approximately 20 ft (6 m) or more in height and less 3 ❑ than 3 in. (7.6 cm) DBH. 4• ❑ Shrub – Woody plants, excluding woody vines, 5. ❑ approximately 3 to 20 ft (1 to 6 m) in height. 6. © ❑ Herb –All herbaceous (non- woody) plants, including 7. herbaceous vines, regardless of size. Includes woody 8 ❑ plants, except woody vines, less than approximately ❑ 3 ft (1 m) in height. g 10. ❑ Woody vine – All woody vines, regardless of height. 11. ❑ 12. ❑ Woody Vine Stratum (Plot size: 10' Circle ) = Total Cover 1 Smilax rotundifolia 15% 0 FAC 2. ❑ ❑ 3, 4. ❑ ❑ Hydrophytic 5• 15% = Total Cover Vegetation ❑ Present? Yes ❑ No Remarks: (If observed, list morphological adaptations below) The dominant vegetation at this sampling point was considered hydrophytic US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Interim Version SOIL Sampling Point: DP -4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % —Color (moist) % Tvpe Loc Texture Remarks 0 -14+ 10YR 4/6 LS Loamy Sand C= Concentration, D= Depletion, RM= Reduced Matrix, CS= Covered or Coated Sand Grains. 2Location: PL =Pore Lining, M= Matrix. IHdric Soil Indicators: Histosol (Al) Q Histic Epipedon (A2) Black Histic (A3) FHydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (A7) (LRR P, T, U) BMuck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) L_I Depleted Below Dark Surface (A11) Q Thick Dark Surface (Al2) Q Coast Prairie Redox (A16) (MLRA 150A) a Sandy Mucky Mineral (S1) (LRR Cl, S) El Sandy Gleyed Matrix (S4) R Sandy Redox (S5) a Stripped Matrix (S6) Q Dark Surface (S7) (LRR P, S, T, U) ooservea): Type: Depth (inches): e soils at this sampling point were not hydric. Hydric Soil Present? Yes 0 No 0 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Interim Version Indicators for Problematic Hydric Soils3: OPolyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20) Redox Dark Surface (F6) Depleted Dark Surface (F7) (MLRA 153B) Red Parent Material (TF2) Redox Depressions (F8) Very Shallow Dark Surface (TF12) (LRR T, U) Mari (F10) (LRR U) Other (Explain in Remarks) �lDepleted Ochric (F11) (MLRA 151) 3Indicators �Iiron-Manganese Masses (F12) (LRR O, P, T) of hydrophytic vegetation and �jUmbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Della Ochric (F17) (MLRA 151) unless disturbed or problematic. Reduced Vertic (F18) (MLRA 150A, 150B) Thedniont Floodplain Soils (F19) (MLRA 149A) — Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) e soils at this sampling point were not hydric. Hydric Soil Present? Yes 0 No 0 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Interim Version 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 L• BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County /parish/borough: Wake County City: Fuquay Varina Center coordinates of site (lat/long in degree decimal format): Lat. 35.576508° J, Long. - 78.754536° �. Universal Transverse Mercator: Name of nearest waterbody: Black Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Black Creek Name of watershed or Hydrologic Unit Code (HUC): 03020201 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): SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There � "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 W "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): i 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 LJ 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: 1540 linear feet: 5 width (ft) and/or acres. Wetlands: ±2.72 acres. c. Limits (boundaries) of jurisdiction based on: 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: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes ofthis 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). s Supporting documentation is presented in Section IILF. 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 HIA.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IILA.1 and 2 and Section III.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 IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 HIBA for the tributary, Section HIB.2 for any onsite wetlands, and Section HIB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IH.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through � tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWs: Tributary stream order, if known: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 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. (b) General Tributary Characteristics (check all that apps 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: Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation. Type /% cover: ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/ op of complexes. Explain: Tributary geometry: Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List 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 ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /characteristics ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: ne lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ❑ survey to available datum, ❑ physical markings, ❑ vegetation lines /changes in vegetation types. Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A 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 been 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. 7Ibid. (iv) Biological Characteristics. Channel supports (check all 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 non -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 -TNW: Flow is: Pick Lis. 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 Lis river miles from TNW. Project waters are lick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the � floodplain. (ii) 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: (iii) Biological Characteristics. Wetland 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: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: 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: 1. 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 IILD: 2. 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): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet width (ft), Or, acres. ❑ Wetlands adjacent to TNWs: acres. 2. 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: The onsite tributary was determined to be perennial based on the NCDWQ "Identification Methods for the Origins of Intermittent and Perennial Streams. 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 width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: 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 111.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ 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: Onsite wetlands were deteremined to be abutting as drainage patterns within wetlands flow directly into the tributary with no physical barriers. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 11I.13 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.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. 11 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: 'See Footnote # 3. 9 To complete the analysis refer to the key in Section IILD.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 Rapauos. 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 width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): 17 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 MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional . dgment (check all that apply) Non - wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes /ponds: acres. ❑ Other non - wetland waters: acres. List type of aquatic resource: ❑ Wetlands: 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): Q Non - wetland waters (i.e., rivers, streams): linear feet, width (ft). ❑ 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: Withers & Ravenel. 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:Fuquay Varina Quad - 1:24000. ® USDA Natural Resources Conservation Service Soil Survey. Citation:Wake 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 Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):Wake County Aerial Photographs - 2010. 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): B. ADDITIONAL COMMENTS TO SUPPORT JD: oai mar — - - NOTES: w s32..58 1 I I 1) SEE INDIVIDUAL SHEETS FOR DETAILS OF IMPACTED AREAS. Wv IN MN -07 PROPOSED STREAM BUFFER & WETLAND IMPACTS SHEET IMPACT # PERMANENT STREAM BUFFER IMPACTS PERMANENT WETLAND IMPACTS A 1 j�k.l l 1,280 5F (0.029 AC) 0 SF (0.000 AC) NRB ZONE 2 1,727 SF (0.040 AC) 0 SF (0.000 AC) 2 NRB ZONE 2 631 SF (0.014 AC) 0 SF (0.000 AC) B 3 NRB ZONE 1 2,214 SF (0.051 AC) 0 SF (0.000 AC) NRB ZONE 2 1,504 SF (0.035 AC) 0 SF (0.000 AC) 1 0 SF (0.000 AC) 10,258 SF (0.235 AC) y 7,356 SF (0.169 AC) 10,258 SF (0.235 AC) - ♦ ti, \ ♦a` \- tlt ,* lyl' t ♦ti'`�`L.� \• }1:�� \ \` ♦ *`��• Jam_ (� . PROPOSED STREAM BUFFER & WETLAND IMPACTS SHEET IMPACT # PERMANENT STREAM BUFFER IMPACTS PERMANENT WETLAND IMPACTS A 1 NRB ZONE 1 1,280 5F (0.029 AC) 0 SF (0.000 AC) NRB ZONE 2 1,727 SF (0.040 AC) 0 SF (0.000 AC) 2 NRB ZONE 2 631 SF (0.014 AC) 0 SF (0.000 AC) B 3 NRB ZONE 1 2,214 SF (0.051 AC) 0 SF (0.000 AC) NRB ZONE 2 1,504 SF (0.035 AC) 0 SF (0.000 AC) 4 0 SF (0.000 AC) 10,258 SF (0.235 AC) TOTALS 7,356 SF (0.169 AC) 10,258 SF (0.235 AC) RKPI r�wCFAL ral `ti` ~ �~ �� -__��� - / / r/ /��` _ �� ■1 r� If 11 i I _ I� +PLAY yl � i \ \ \y - \ `� � -� � � -_ � }RI �o8ra�el>:sa ♦ t � � _ f .- _r 1 . �_ ♦ \ 1 __- _ man I I \t '. 1 i -� •.j + I , \ .` / ♦ w L \ ` �� ti U$E MwJrAC1LPi44 }yi / ♦ I - ARF,(1 j \ \ / ♦ �.. \ y i y ': • M1 �� �� +rte -�— N .�. - 1 / rJ ❑ I i i ii /� � � M1 k ♦Ik, � ti I 1 'a ■, \\ \ \ �, yy -- --37i ►� \ '1 1♦ ♦•, �� � +�\ ,/ / f r� �r '� ow 1 IMPACT CT #1 2 1,� - ♦� ' ��/ r /'1 ,n = `\�y�a__ ^�— \� > -3� —\ , �\ �F��` f , ryq�s vwuw ipyx . IMPACT #1 \ \ '\ - °— — . J. UK&-]79AC -- — sr t1�rF�I�py 1 � l r I i 1 1 ._ F� \ -i \ \• ��. \ ` 1 \ � \ - � — / rr __� � J[ 4Lw.+J1EESr r I 1 r \`� 1� � \ \ \ t \ \~+`��_ .1' r ■� ' °nP4 Oeiux. \1 J PHAS€�- uaG V"I i _ ly- Jr \�•' ( ` \\ rr�- 1 \ 1 `\ ` F S,BEE GAOL -F CO'U­dSE r' "35 ` r~ - — " _ 1/1 - \ ■ +- /' yr J /�- /•/ nl 1 1 rf fJ Ir r I + ! \ 1 1\ �M1 ♦r/ `\�� 11' \` \y \► 1 � �� r ~ /�� �- --r ^`�� f - 'I � f l �� •� \\ �- .. I /� 1 � rr 1 r f !1 ! 1\ 1 1� \ � � ��\\ \ \ � - _ J /' •' � \\ \ y �- _ -� . -r-/ r_ \ +� ,� -� /f H 1' 1 Jj+ Jj ■'PHP�jEIl/ If Ij I \\ \\ \I , � � 1\ �� `NI`. jfR)S#E GOLF , \ \ \ , \ \\ 1 ��� �� +��_ -` 7 `- /� /• I. y r r rr rrrrJ ■ -- +rte 1 , ~ j \\ \` \ \ \ rl / // v _ -- - — — i� _ _ �� r/ _ ` r � _►��rr r ��' f ,'/ /r/ y� /I� \ \ ■\ ti�^n -y y / 1- r - s I� � r' frf I 2 1 � r / / � I �. � � •tY - � ^�7•= -r■ ,r V C'Yr� ..1� �'' �W�7ri � ��� `� / 1 I tir " _ "._ / / / o�Eti IMPACT #4 JOHN KE°E,'XXa. —r I. C PIN I ari4s34ae TSS WS} C1 IAC Tyr^ L ♦I I — •�'•�— l os 14 PO wsy _ f _ ■ IMPACT #3 ItX ._ 41 A SITE DATA TOTAL SITE AREA 13.66 ACRES WAKE COUNTY PIN 0676340956 0676347976 i \ N4, ' : J r + GRAPHIC SCALE �' / 100 0 50 100 200 tJ t ` �• / ; -� J/ \ i ' " =rAK! _ + N IMPACT #3 1 inch = 100 ft. \ - r : -■ T. \ \ \ y Na- Rpvisim o,rp. By D. , �a 5a° EASTERN w R, WITHERS &- RAVENEL er Wb� „ REGIONAL PARK OVERALL SITE PLAN &IMPACT EXHIBIT ENGINEERS I PLANNERS I SURVEYORS 2'0 wl8 OM72.t. FCARY WAKE COUNTY NORTH CAROLINA 111 M­.... )­, eah,N.fthC­00, 7511 10:01 -3340 fa 9taa07-0000 wwwwimes�.� i. a E s AS`E \3 'LAY LQ Al M PACT #2 PHA4/� jSf3lE GoLE / / - O�tJ IBS "t/ 1 101 GREENWAY PATH IMPACT # 1 ZONE 1 -NEUSE RIVER BUFFER IMPACT _ ZONE 2 - NEUSE RIVER BUFFER IMPACT PERMANENT IMPACTS IMPACT #1 : NRB ZONE 1 IMPACT = 1,280 SF (0.029 AC) NRB ZONE 2 IMPACT = 1,727 SF (0.040 AC) IMPACT #2 : NRB ZONE 2 IMPACT = 631 SF (0.014 AC) l 10'x20' PEDESTRIAN BRIDGE — � ice, � f ya/l� z O y x GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. EASTERN NEUSE RIVER BUFFER AND WITHERS & RAVENEL REGIONAL PARK WETLAND IMPACTS ENOINEERs I PLANNERS I SURVEYORS FUOUAY VARINA WAKE COUNTY NORTH CAROUNAl - SHEET A _ 16 �E2t ENE 1 1' 2 1 IMPACT #,z FS, �, 0 ZONE 1 - NEUSE RIVER BUFFER IMPACT _ ZONE 2 - NEUSE RIVER BUFFER IMPACT WETLANDS IMPACT PERMANENT IMPACTS IMPACT #3 : NRB ZONE 1 IMPACT = 2,214 SF (0.051 AC) NRB ZONE 2 IMPACT = 1,504 SF (0.035 AC) IMPACT #4. WETLAND IMPACT = 10,258 SF (0.235 AC) \ \ lk 10, 1 GREENWAY PATH - � t 1 _ JOHN DEERE TURF\ CARE INC JOHN DEERE CENPANY BM1996 -1697\ P1N N 067645343\2 ZONED 1 I M PACT #4 I M PACT # 3 10'x30' PEDESTRIAN BRIDGE \-�_ I Z 0 GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. EASTERN NEUSE RIVER BUFFER & WITHERS &— RAVENEL REGIONAL PARK WETLAND IMPACTS RN /INIRRS I PLANNERS i ■URVKYORS< VU QUAY VARINA WAKE COON IY NORTH CAROLINA SHEET B