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HomeMy WebLinkAbout20171507 Ver 2_Riparian Buffer Authorization_20171127H1 MCADAMS Date: November 22, 2017 To: Ms. Karen Huggins NC Division of Water Resources 401 & Buffer Permitting Unit 512 N. Salisbury Street Archdale Building 9th Floor Raleigh, North Carolina 27604 I am sending you the following items: ❑ Drawings ❑ Letter ❑ Specifications ® Submittal ❑ Plans ❑ Prints el LETTER OF TRANSMITTAL FEDERAL EXPRESS Re: Riparian Buffer Authorization Job #: Hasse Avenue Extension ❑ Other QUANTITY UNIT DESCRIPTION 3 Copies Riparian Buffer Authorization and Supporting Documentation I Transmitted as checked below: ® For approval ❑ For your use ❑ As requested Remarks: Copy to: ® For review + comment ❑ Other ❑ Other Signature: %+ - Kevin Yates Senior Environmental Consultant, Water Resources + Infrastructure creating experiences through experience 2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000 'J McADAMS November 21, 2017 Ms. Karen Higgins Q [R=-@ Q NC Division of Water Resources 401 & Buffer Permitting Unit N 0 V l 7 2 0 17 512 N. Salisbury St. Archdale Bldg. 9th Floor A10- R RESOURCES Raleigh, NC 27604 401 & BUFFER Re: Riparian Buffer Authorization Request Hasse Avenue Extension Wake County, North Carolina CRS -16000 Dear Ms. Higgins: On behalf of the Town of Apex, McAdams is submitting a Riparian Buffer Authorization Request for buffer impacts associated with the Hasse Avenue Extension project in Apex, North Carolina. The project area is within the Cape Fear River Basin, and within the Jordan Lake Watershed (HUC 030300020609). The Town of Apex is the delegated authority to implement buffer rules for the project area. However, because the Town is the applicant for this project, we are submitting our buffer authorization application to NC DWR for review and approval. The purpose of the Hasse Avenue Extension is to construct a secondary arterial roadway alignment from the existing Sweetwater Residential Subdivision to Olive Chapel Road that will provide continuous vehicular traffic from U.S. Highway 64 to Olive Chapel Road in the western section of Wake County, North Carolina, which is experiencing increased traffic demands. Please find enclosed for your review the following items: -Signed Agent Authorization -Figure 1 - USGS Quad — North Hill -Figure 2 - Wake County Soil Survey (sheet # 65) -Figure 3 - Preliminary Jurisdictional Determination — Existing The John R. McAdams Conditions Exhibit Company, Inc. -Figure 3 — PCN - Existing Conditions Exhibit -Figure 4 — PCN - Proposed Impacts - Overall Site Plan Raleigh / Durham, NC -Crossing 1 Inset - Plan View 2905 Meridian Parkway -Crossing 2 Inset - Plan View Durham, North Carolina 27713 -Crossing 3 Inset - Plan View (919) 361-5000 -USACE Action Id. SAW -2016-01993, Approved and Preliminary Jurisdictional Determination, issued November 23, 2016 charlotte, NC -USFWS letter dated September 16, 2016 3436 Toringdon Way -NC SHPO letter dated April 6, 2017 Suite 110 Charlotte, North Carolina 28277 (704)527-0800 McAdamsCo.com Designing Tomorrow's Infrastructure & Communities �J McADAMS Ms. Karen Higgins Riparian Buffer Authorization Request Hasse Avenue Extension November 21, 2017 Page 2 of 8 -Town of Apex Water Resources Department, Stream Buffer Determination, issued November 1, 2016 (Apex #16-010) -Riparian Buffer Authorization Form -North Carolina Division of Mitigation Services, Mitigation Acceptance Letter, November 20, 2017 PROJECT HISTORY & EXISTING CONDITIONS: The project area for the proposed Hasse Avenue extends from an existing residential subdivision (Sweetwater Residential Subdivision) located to the north, crosses Reedy Branch, enters the northwestern portion of the proposed Linden development, and extends southwest beyond the proposed Linden development to Olive Chapel Road. Future extension of Hasse Avenue is included on the Town of Apex Transportation Plan Thoroughfare and Collector Street Plan; therefore, the future alignment crosses the property located at 2505 Olive Chapel Road (Wake County PIN # 0722411102) and intersects with Olive Chapel Road. There are three stream features (Stream Feature A [Reedy Branch], Stream Feature B1, and Stream Feature AA) and two wetland features (Wetland D and Wetland B) along the proposed Hasse Avenue alignment. See attached Figure 3 (Existing Conditions) for the location of these features. Sections of Hasse Avenue located within the proposed Linden Subdivision have already received a Preliminary Jurisdictional Determination (see attached USACE Action Id. SAW -2016-01993; issued November 23, 2016). A Preliminary Jurisdictional Determination (PJD) has been requested for the future alignment of Hasse Avenue where it crosses the property located at 2505 Olive Chapel Road (Wake County PIN # 0722411102). There is a 100 -year floodplain and floodway associated with Reedy Branch (NC FIRM Map 3720072200J; effective date May 2, 2006). A Conditional Letter of Map Revision (CLOMR) was submitted to the Town of Apex and the to the state on May 3, 2017. Based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice, the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge, and the requirements set forth in the Town of Apex regulations will be met. The U.S. Fish and Wildlife Service (USFWS) issued a letter on September 16, 2016 (see attached) stating that the proposed action is not likely to adversely affect any federally -listed endangered CRS -16000 'J McADAMS Ms. Karen Higgins Riparian Buffer Authorization Request Hasse Avenue Extension November 21, 2017 Page 3 of 8 or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act. Therefore, the USFWS believes the requirements under Section 7 of the Endangered Species Act are fulfilled. The North Carolina Department of Natural and Cultural Resources — State Historic Preservation Office (NC SHPO) issued a letter on April 6, 2017 (see attached) stating that SHPO is aware of no historic resources which would be affected by the project, and, therefore, have no comment on the project. PROPOSED PROJECT: The western section of Wake County, North Carolina is experiencing increased traffic demands along U.S. Highway 64 (located to the north), Olive Chapel Road (located to the south), Kelly Road (located to the east), and New Hill Road (located to the west). The extension of Hasse Avenue from the existing Sweetwater Residential Subdivision to Olive Chapel Road will provide continuous vehicular traffic from U.S. Highway 64 to Olive Chapel Road and will alleviate existing traffic demands within this section of western Wake County. Hasse Avenue is proposed to extend from the existing Sweetwater Residential Subdivision located to the north, cross Reedy Branch, enter the northwestern portion of the proposed Linden development, and extend beyond the proposed Linden development to the southwest to intersect with Olive Chapel Road. Future extension of Hasse Avenue is included on the Town of Apex Transportation Plan Thoroughfare and Collector Street Plan (see Figure 4 — Overall Site Plan). A pre -application meeting was held with Mr. James Lastinger of the USACE to discuss the permitting process, and it was decided that the Town of Apex was the appropriate applicant. The Hasse Avenue Extension project consists of three (3) phases. Phase 1 of Hasse Avenue is proposed to be constructed first, and Phases 2 and 3 are proposed to be constructed later. Phase 1 proposes to extend Hasse Avenue from the existing Sweetwater Residential Subdivision, cross Reedy Branch, and enter the northwestern section of the proposed Linden development. The future alignment of Phases 2 and 3 proposes to extend Hasse Avenue beyond the proposed Linden development through the property located at 2505 Olive Chapel Road (Wake County PIN # 0722411102) and intersect with Olive Chapel Road. There are Town of Apex buffer impacts associated with all three phases of the proposed project. Phase 1 will impact 0.3 acres of Zone 1 and 0.15 acre of Zone 2 of the Town of Apex buffers associated with Stream A (Reedy Branch). Because buffer impacts are greater than one third of an acre, mitigation CRS -16000 J McADAMS Ms. Karen Higgins Riparian Buffer Authorization Request Hasse Avenue Extension November 21, 2017 Page 4of8 is required for the Phase 1 impacts at Crossing 1. Phase 2 proposes to impact 0.17 acres of Zone 1 and 0.05 acre of Zone 2 buffers associated with Stream B 1 (total impact of 0.22 acre). Phase 3 proposes to impact 0.19 acre of Zone 1 and 0.08 acre of Zone 2 buffers associated with Stream AA (total impact of 0.26 acre). Because the impact totals are less than one third of an acre for both Phase 2 and Phase 3, mitigation is not required for these impacts. Table 1 summarizes the proposed riparian buffer impacts. Applications for the USACE Nationwide Permit 14 and NC DWR GC 4088 have also been submitted. For the construction of Phase 1 of the Hasse Avenue Extension, traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. Table 1. Riparian Buffer Impacts Buffer Zone 1 Zone 1 Impact Reason for Impact Impact Type Impact Impact Number (sq. ft.) (sq. ft.) Crossing 1 2 10'x 10' concrete box (Stream A - culverts, 2 84" CMP Allowable with mitigation 13,068 6,534 Permanent) ppipes, riprap ad, grading Crossing 2 48" RCP pipe, riprap (Stream B 1 - pad, grading Allowable 7,572 2,095 Permanent Crossing 3 48" RCP pipe, riprap (Stream AA - pad, grading Allowable 8,111 3,355 Permanent Total Buffer Impacts 28,751 i 11,984 Stormwater Management The proposed stormwater management plan for the project will be designed to protect the downstream environment. The plan incorporates stormwater management techniques to manage both water quantity and quality aspects of site runoff. Stormwater management for the project will be accomplished by incorporating engineered stormwater best management practice facilities to capture and treat the stormwater runoff from developed areas. The proposed roadway is located within the Cape Fear River basin with all stormwater runoff draining into Reedy Branch. Per the Town of Apex regulations, final design of CRS -16000 J McADAMS Ms. Karen Higgins Riparian Buffer Authorization Request Hasse Avenue Extension November 21, 2017 Page 5 of 8 stormwater management on this site shall meet the stormwater management and diffuse flow performance standards for development set forth in the Town of Apex Unified Development Ordinance (UDO). AVOIDANCE & MINIMIZATION: The project was designed to avoid and minimize impacts to streams and wetlands. Due to increased traffic demands along U.S. Highway 64 (located to the north), Olive Chapel Road (located to the south), Kelly Road (located to the east), and New Hill Road (located to the west), a north -to -south secondary arterial roadway alignment is required to have continuous vehicular traffic flow. To provide a north -to -south secondary arterial roadway, The Town of Apex Transportation Plan Thoroughfare and Collector Street Plan prescribes the alignment of Hasse Avenue from U.S. Highway 64 to Olive Chapel Road. As a result, the alignment of Hasse Avenue from U.S. Highway 64 was incorporated into the existing Sweetwater Residential Subdivision. To extend Hasse Avenue through the proposed Linden development (located south of the Sweetwater Residential Subdivision) and terminate at Olive Chapel Road, the alignment for Hasse Avenue must cross Reedy Branch at the proposed location (see Crossing 1; Phase 1) and extend into the property located at 2505 Olive Chapel Road (see Crossings 2 & 3; Phases 2 & 3). For Hasse Avenue Phase 1 (Crossing 1), various alternatives were examined with consideration of the following: a) existing traffic demands along U.S. Highway 64, Olive Chapel Road, Kelly Road, and New Hill Road; b) access to the proposed Linden development and the existing Sweetwater Residential Subdivision; c) emergency vehicular access to the proposed Linden development; and d) a no build option. Not building the extension of Hasse Avenue to terminate at Olive Chapel Road was determined not to be a viable option since this would not alleviate traffic demands along U.S. Highway 64, Olive Chapel Road, Kelly Road, and New Hill Road. The extension of Hasse Avenue would provide additional emergency vehicular access to the proposed Linden development, and provide a north -to -south connection between U.S. Highway 64 and Olive Chapel Road, thereby alleviating traffic along U.S. Highway 64, Olive Chapel Road, Kelly Road, and New Hill Road. Due to the alignment configuration of Hasse Avenue through the existing Sweetwater Residential Subdivision, the crossing of Reedy Branch by Hasse Avenue is limited to only one location that takes into account geometric configuration design, construction constraints, and safe vehicular passage. The alignment of the future Phases 2 & 3 of the Hasse Avenue Extension will be directed along CRS -16000 �J McADAMS Ms. Karen Higgins Riparian Buffer Authorization Request Hasse Avenue Extension November 21, 2017 Page 6of8 a route which proposes to impact the least amount of jurisdictional streams and wetlands located on the property at 2505 Olive Chapel Road so that a terminus connection to Olive Chapel Road could be achieved. Additionally, each road crossing alignment (Crossings 1, 2, and 3) has been designed to the minimum size necessary to promote safe vehicular passage. Road crossings and culvert impacts at stream features (Stream Feature A [Reedy Branch], Stream Feature B1, and Stream Feature AA) have been minimized to the maximum extent practicable and have been aligned to cross streams as close to 90 degrees as possible. Dissipator pads associated with each culvert will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. There will be minimal temporary impacts associated with coffer dams and diversion channels, which will be used to conduct the proposed work within dry conditions. The use of the temporary coffer dams and diversion channels will be less than 90 days from the initiation of the proposed stream and wetland impacts. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional streams and wetlands. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional streams and wetlands. Stockpiling of excavated material within jurisdictional streams, wetlands, and riparian buffers will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional streams, wetlands, and riparian buffers will be carried to completion in an expeditious manner to minimize the period of disturbance within the jurisdictional features. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in the Erosion Control Plan sheet reviewed and approved by the NC Division of Land Quality and the Town of Apex. All work will take place during dry conditions and can be facilitated from high, non jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, temporary coffer dams, and tree protection, clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered CRS -16000 J McADAMS Ms. Karen Higgins Riparian Buffer Authorization Request Hasse Avenue Extension November 21, 2017 Page 7of8 Stormwater Control Structures as outlined through State and Local Stormwater Rules. MITIGATION: Phase 1 of the Hasse Avenue Extension will impact 0.3 acres of Zone 1 buffers and 0.15 acre of Zone 2 buffers associated with Stream A (Reedy Branch). Because buffer impacts are greater than one third of an acre, mitigation is required for the Phase 1 impacts at Crossing 1. Phase 2 proposes to impact 0.17 acres of Zone 1 and 0.05 acre of Zone 2 buffers associated with Stream B 1 (total impact of 0.22 acre). Phase 3 proposes to impact 0.19 acre of Zone 1 and 0.08 acre of Zone 2 buffers associated with Stream AA (total impact of 0.26 acre). Because the impact totals are less than one third of an acre for both Phase 2 and Phase 3, mitigation is not required for these impacts. McAdams has requested buffer mitigation credits to compensate for 13,068 sq. ft. of Zone 1 buffer impacts and 6,534 sq. ft. of Zone 2 impacts associated with Crossing 1 (Stream A — Reedy Branch). The attached letter from DMS dated November 20, 2017 demonstrates acceptance by DMS of. payment for the necessary buffer mitigation credits to satisfy the compensatory mitigation obligations for the proposed project. Credits requested beyond what is required as mitigation for Crossing 1 impacts will be used later for impacts to Zone 3 Town of Apex of riparian buffers. SUMMARY: The extension of Hasse Avenue from the existing Sweetwater Residential Subdivision to Olive Chapel Road will provide continuous vehicular traffic from U.S. Highway 64 to Olive Chapel Road and alleviate existing traffic demands within this section of western Wake County. The Hasse Avenue Extension consists of (3) three phases. Phase 1 is proposed to be constructed first, while Phases 2 and 3 are proposed to be constructed later. There will be a total of 28,751 sq. ft. of Zone 1 buffer impacts and 11,984 sq. ft. of Zone 2 buffer impacts associated with three road crossings for the Hasse Avenue Extension project. Buffer mitigation credits have been requested to compensate for 13,068 sq. ft. of Zone 1 impacts and 6,534 sq. ft. of Zone 2 impacts associated with Crossing 1 (Phase 1). Buffer is not required for Crossings 2 and 3 (Phases 2 and 3). The attached letter from DMS dated November 20, 2017 demonstrates acceptance by DMS of payment for the necessary buffer mitigation credits to satisfy the compensatory mitigation obligations for the proposed project. CRS -16000 �J McADAMS Ms. Karen Higgins Riparian Buffer Authorization Request Hasse Avenue Extension November 21, 2017 Page 8of8 At this time, we are requesting a riparian buffer authorization for the proposed construction activities associated with the Hasse Avenue Extension. Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please do not hesitate to contact me at (919) 361-5000. Sincerely, The John R. McAdams Company, Inc. Ke lyRot Environmental Consultant Attachments: Listed above CRS -16000 'J AGENT AUTHORIZATION FORM All Blanks to Be Filled In ADDlicant Information: Street Address: 73 Hunter Street Applicant name: Town of Apex Applicant address: PO Box 250, Apex, NC 27502 Phone: 919-249-3301 Email: Drew.Havens@apexnc.org Proiect Information: Pro'ect Name/Description: Hasse Avenue road extension Project Location: The project corridor extends from the existing Sweetwater Residential Subdivision to Olive Chapel Road in Apex, NC. (Wake County PINS: 0722421400, 0722418856, & 0722411102) Project Number: CRS -16000 Project Manager: Ryan Akers U.S. Army Corps of Engineers Attn: James Lastinger Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the undersigned, applicant for the above noted project, do hereby authorize Kevin Yates and Kelly Roth of The John R. McAdams Company, Inc. to act on behalf of the Town of Apex in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. Authorized Signature Authorized Signature Date Date Raleigh-Durham Charlotte 2905 Meridian Parkway 3436 Toringdon Way, Suite 110 Durham, North Carolina 27713 Charlotte, North Carolina 28277 (919) 361-5000 (704) 527-0800 Designing Tomorrow's Infrastructure & Communities McAdamsCo.com is 0 U GS; SOIL SURVEY SHEET 65. WAKE COU I.AT- 35.731137 N_ I,ONG- -79 917339 W NORTH CAROLINA N HASSE AVENUE EXTENSION APRE -CONSTRUCTION NOTIFICATION " FIGURE 2. SOIL SURVEY EXHIBIT 0 250 500 �,00eet PROJECT M CRS -16000 I inch =500 feet APEX, NORTH CAROLINA RPW Perennial Stream A (Reedy Branch) +/- 2782 LF 1 Issued Preliminary Jurisdictional Determination USACE Action Id: SAW -2016-01993; 11/23/2016 Wetland F +1- 0.76 AC Wetland A +/- 0.03 AC HASSE AVENUE STUDY AREA +/- 3.0 AC; 2,250 LF RPW Intermittent wH; Stream A +/-139 LF Issued Approved Jurisdictional Determination USACE Action Id: SAW -2016-01993; 11/23/2016 +/-1.12 AC Pond In High Ground Pond B +/- 0.33 AC WOUS Pond A +1- 3.06 AC Lo Legend w. ® HASSE AVENUE STUDY AREA; Total +/- 3.0 AC; 2,250 LF USACE Action Id: SAW -2016-01993 RPW Perennial Stream �Z9 ---- RPW Intermittent Stream ® Wetlands Notes 1)Cape Fear River Basin (HUC 03030020609) B. Everett Jordan Lake - New Hope River 2) DWR Stream Index #: Reedy Branch 16-41-10-1 Stream Classification: WS -IV; NSW ' Source: Esn, Digi-alGiobe, Ge E e, Ea ' star ograp ics, C•NES/A rbus DS, USDA, USES er GR4D IGN and the GIS I III Community N HASSE AVENUE EXTENSION " Date: PRELIMINARY JURISDICTIONAL DETERMINATION 5/30/2017 0 150 300 600 FIGURE 3. EXISTING CONDITIONS Feet PROJECT M CRS -16000 WA DA M S 1 inch = 30o feet APEX, NORTH CAROLINA SWEETWATER RPW INTERMITTENT \ fJ STREAM I +/- RESIDENTIAL 1,849 LF. DEVELOPMENT WETLAND D �\ TOTAL = 0.08 AC. OR 3,484.8 SF.�/ \ \ RPW PERENNIAL STREAM f 1�� TOTAL = 2.788 LF. I E �f \� / I •' r I /jv �/ WET F ) +,�—� 0.75' AW 'PON ) ?c -`OUS 0 z ' •. i 1 - --� PRo PI #� I \��,�% LIN FLOODRIAN _WETiArvo C,+/`- T E'III015 Ap qR DVELOPMEN �- HASSE AVENUE ` J -6534' SIF i l STUDY AREA { (60' , STUDY AREA ( l w ,,W�TLf�NQ- 8 I i / 015 AC -OR, J#�#� it / j ! -/RPW f TER TTE LT (I 1- $�TR£AM B �f , / i 1096 LF 11✓ ��� ; 1 f ' LAND- -r )103 /AG' Ghf� , 1,3 t l / . / \0.633 A WOUS POND A RPW INTERMITTENT STREAM AA +/— 3.62 AC TOTAL = 159 LF. NOTES 1. CAPE FEAR RIVER BASIN (HUC 03030020609) B. EVERETT JORDAN LAKE - NEW HOPE RIVER 2. DWR STREAM INDEX #: 16-14-10-1 (REEDY BRANCH).4 .. STREAM CLASSIFICATION: WS -IV; NSW T 3. USACE JURISDICTIONAL DETERMINATION ISSUED 11/23/16 ` (USACE ACTION ID: SAW -2016-01993) 4. TOWN OF APEX STREAM BUFFER DETERMINATION ISSUED ( , 11/01/16 (APEX 16-010) L A LEGEND i '�'' 1 PROJECT SITE _ ± 3.0 ACRES f � � � ca RPW PERENNIAL STREAM A = ± 2,788 LF. doff RPW INTERMITTENT STREAM B1 = + 1,096 LF. jvE d q 60 RPW INTERMITTENT STREAM AA = + 139 LF. OZ' V1i TOTAL STREAMS = ± 4,023 LF. \4�� GRAPHIC SCALE WETLAND B = 0.15 AC. OR 6,534 SF. 300 0 150 300 600 WETLAND D = 0.08 AC. OR 3,484.8 SF. TOTAL WETLAND = 0.23 AC. OR 10,018.8 SF. PRELIMINARY DRAWING — NOT RELEASED FOR CONSTRUCTION 1 inch = 300 ft. fLFILENAME: PROJECT vo. CRS -16000 HASSE AVE. ROAD EXTENSION 11nM ao»R> � Eu.euAbe: CRS16000-FIG3 ���•�• 5� A� E: PRE—CONSTRUCTION NOTIFICATION � ;,,g DATE 1" = 300' FIGURE 3: EXISTING CONDITIONS License NO.: 03-24-2017 APEX, NOR H CAROLINA WADAMs ` i�ss-ssas�M c°._A J U•S• HIGAD A160'4R�w) (PUBLIC RO UNNAMED ROAD (CURRENTLY UNDER CONSTRUCTION) /HASSE AVENUE STUDY AREA (60' PUBLIC R/w) s � I \ J s / f / r r RPW INTERMITTENT STREAM AA TOTAL = 139 LF. NOTES 1. CAPE FEAR RIVER BASIN (HUC 03030020609) B. EVERETT JORDAN LAKE - NEW HOPE RIVER 2. DWR STREAM INDEX #: 16-14-10-1 (REEDY BRANCH) STREAM CLASSIFICATION: WS—IV; NSW 3. USACE JURISDICTIONAL DETERMINATION ISSUED 11/23/16 (USACE ACTION ID: SAW -2016-01993) 4. TOWN OF APEX STREAM BUFFER DETERMINATION ISSUED 11/01/16 (APEX 16-010) IMPACTED LEGEND PROJECT SITE = ± 3.0 ACRES RPW PERENNIAL STREAM A = ± 279 LF. RPW INTERMITTENT STREAM AA = ± 139 LF. RPW INTERMITTENT STREAM 81 = + 145 LF. TOTAL STREAMS = + 563 LF. WETLAND B = 0.005 AC. OR 233 SF. WETLAND D = 0.01 AC. OR 435.6 SF. TOTAL WETLAND = 0.015 AC. OR 668.6 SF. J SWEElATER I RESIDENTIAL DEVELOPMENT 'r(�� J ROCK /(t1) ; ISLAND DRIVE (PRIVATE DRIVE,i l fjri�� / II �I !/ rDGE W \��« t �/ • RESIDENTIAL �bEVELOPMENT Coy 6p R! OLI C gp �' �Y�B11 9 GRAPHIC SCALE 500 0 250 500 1,000 1 inch = 500 ft. PRELIMINARY DRAWING - NOT RELEASED FOR CONSTRUCTION 7/10/2017 11:15:03 AM HLENAM Na. CRS -16000 HASSE AVE. ROAD EXTENSION 11 L.roxiz R x�Ann� � eu.e""be: CRS16000—FIG4 �'�•�• ,�"�.E PRE -CONSTRUCTION NOTIFICATION 2905 MffkW n Parkway 13 y ATE: 1' = 500' FIGURE 4: PROPOSED IMPACTS — OVERALL SITE PLAN 0 NorthDurham "- cAda,a U.00 ucenae Na.: C-0293 03-24-2017 APEX, NORTH CAROLINA MCADAMS `�� seas M ` A NOTE: THERE ARE NO WETLAND IMPACTS PROPOSED UNDER THE CURRENT DESIGN FOR CROSSING 1 FLOODPLAIN LIMITS OF DISTURBANCE PERMANENT STREAM IMPACT = 69 LF. 10'x10' CONCRETE BOX CULVERTS 84" CMP PIPE PERMANENT DISSIPATOR IMPACT = 81 LF. PROJECT SITE TEMPORARY STREAM IMPACT = 14 LF. OR 0 AC. OR 210 SF. GRAPHIC SCALE 40 0 20 40 80 1 inch = 40 ft. PRELIMINARY DRAWING - NOT RELEASED FOR CONSTRUCTION ZONE 3 STREAM BUFFER IMPACT = 0.21 AC. OR 9,147.6 SF. ZONE 2 STREAM BUFFER IMPACT = 0.15 AC. OR 6,534 SF. ZONE 1 STREAM BUFFER IMPACT = 0.3 AC. OR 13,068 SF. TEMPORARY STREAM IMPACT = 14 LF. OR 0 AC. OR 210 SF. RPW PERENNIAL STREAM A TOTAL = 2,788 LF WETLAND D TOTAL = 0.08 AC OR 3,484.8 SF DTAL BUFFER IMPACTS :RENNIAL STREAM A - IMPACTED STREAM BUFFER: 'ONE 1 = 0.3 AC. OR 13,068 SF. 'ONE 2 = 0.15 AC. OR 6,534 SF. '_ONE 3 = 0.21 AC. OR 9.147.6 SF. -OTAL BUFFER IMPACTS = 0.66 AC. OR 28,749.6 SF f R EAM A IMPACTS: REAM A - TEMP = 28 LF. REAM A - PERM = 69 LF. -REAM A - PERM DISSIPATOR = 81 LF. )TAL STREAM IMPACTS = 178 LF. TO MCADAMS F LIMITS OF DISTURBANCE TEMPORARY STREAM B1 IMPACT = 4 LF. PERMANENT STREAM B1 DISSIPATOR IMPACT = 25 LF. PERMANENT STREAM B1 IMPACT = 93 LF. 48" RCP PIPE i GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. WETLAND B TOTAL = 0.15 AC. OR 6,534 SF. I I / I I I I � / I/ TEMPORARY STREAM IMPACT = 23 LF. PRELIMINARY DRAWING - NOT RELEASED FOR CONSTRUCTION U ^ ZONE 2 STREAM BUFFER IMPACT = 0.05 AC. O OR 2,095 SF. E o..4 o EXISTING ZONE 2 50 FT. STREAM BUFFER 6 ZONE 1 STREAM BUFFER IMPACT = 0.17 AC. s w O OR 7,572 SF. o TEMPORARY STREAM B1 r ' ` 44 IMPACT = 23 LF. � W 0 EXISTING ZONE 1 30 FT. STREAM BUFFER a X WETLAND B O IMPACT = 0.004 AC. OR 173 SF. °00 O U RPW INTERMITTENT STREAM B1 + 1,096 LF. N Z Ixz T o . TOTAL BUFFER IMPACTS RPW INTERMITTENT STREAM B1 - IMPACTED STREAM BUFFER: U Z ZONE 1 = 0.17 AC. OR 7,572 SF. O i ZONE 2 = 0.05 AC. OR 2.095 SF. TOTAL BUFFER IMPACTS = 0.22 AC. OR 9,667 SF. ra 0 x STREAM BI IMPACTS: V� E STREAM BI - TEMP = 27 LF. STREAM BI - PERM = 93 LF. STREAM BI - PERM DISSIPATOR = 25 LF. TOTAL STREAM IMPACTS = 145 LF. 3 S I o o (.0 O N S II (n (0 N 0' TOTAL IMPACTED WETLAND U U u �' n U O � a v z WETLAND B = 0.15 AC. OR 6,534 SF. w z w TOTAL IMPACTED WETLAND = ± 0.004 AC. OR 173 SF. a a w X MUMCADAMSI 8 � n N OTESs rn 1. CAPE FEAR RIVER BASIN (HUC 03030020609) dz° B. EVERETT JORDAN LAKE - NEW HOPE RIVER 118$ xzjl 2. DWR STREAM INDEX BRANCH) #: 16-14-10-1 (REEDY STREAM CLASSIFICATION: WS -IV; NSW 3. USACE JURISDICTIONAL DETERMINATION ISSUED 11/23/16 (USACE ACTION ID: SAW -2016-01993) 4. TOWN OF APEX STREAM BUFFER DETERMINATION ISSUED A 11/01/16 (APEX 16-010) Q U U ^ ZONE 2 STREAM BUFFER IMPACT = 0.05 AC. O OR 2,095 SF. E o..4 o EXISTING ZONE 2 50 FT. STREAM BUFFER 6 ZONE 1 STREAM BUFFER IMPACT = 0.17 AC. s w O OR 7,572 SF. o TEMPORARY STREAM B1 r ' ` 44 IMPACT = 23 LF. � W 0 EXISTING ZONE 1 30 FT. STREAM BUFFER a X WETLAND B O IMPACT = 0.004 AC. OR 173 SF. °00 O U RPW INTERMITTENT STREAM B1 + 1,096 LF. N Z Ixz T o . TOTAL BUFFER IMPACTS RPW INTERMITTENT STREAM B1 - IMPACTED STREAM BUFFER: U Z ZONE 1 = 0.17 AC. OR 7,572 SF. O i ZONE 2 = 0.05 AC. OR 2.095 SF. TOTAL BUFFER IMPACTS = 0.22 AC. OR 9,667 SF. ra 0 x STREAM BI IMPACTS: V� E STREAM BI - TEMP = 27 LF. STREAM BI - PERM = 93 LF. STREAM BI - PERM DISSIPATOR = 25 LF. TOTAL STREAM IMPACTS = 145 LF. 3 S I o o (.0 O N S II (n (0 N 0' TOTAL IMPACTED WETLAND U U u �' n U O � a v z WETLAND B = 0.15 AC. OR 6,534 SF. w z w TOTAL IMPACTED WETLAND = ± 0.004 AC. OR 173 SF. a a w X MUMCADAMSI TEMPORARY STREAM AA IMPACT = 6 LF. PERMANENT STREAM AA DISSIPATOR IMPACT = 21 LF. RETAINING WALL PERMANENT STREAM AA IMPACT = 91 LF 48" RCP PIPE z GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. PRELIMINARY DRAWING — NOT RELEASED FOR CONSTRUCTION �r NOTESs 1. CAPE FEAR RIVER BASIN (HUC 03030020609) B. EVERETT JORDAN LAKE — NEW HOPE RIVERS b '8 $ 2. DWR STREAM INDEX #: 16-14-10-1 (REEDY BRANCH) STREAM CLASSIFICATION: WS—IV; NSW 3. USACE JURISDICTIONAL DETERMINATION ISSUED 11/23/16 Go (USACE ACTION ID: SAW -2016-01993) 4. TOWN OF APEX STREAM BUFFER DETERMINATION ISSUED A 11/01/16 (APEX 16-010) U o LIMITS OFE . O DISTURBANCE E 0 ZONE 2 STREAM BUFFER IMPACT = 0.08 AC. a OR 3,355 SF. cb O EXISTING ZONE 2 50 FT. STREAM BUFFER N a U ZONE 1 STREAM BUFFER IMPACT = 0.19 AC. a W OR 8,111 SF. }� �VZ M ��011l X Vy EXISTING ZONE 1 30 FT. O F�..� STREAM BUFFER o00 U o w Ix Z TEMPORARY STREAM AA z U IMPACT = 21 LF o RPW INTERMITTENT STREAM z AA TOTAL = 139 LF. O o �U a u U 0 a TOTAL BUFFER IMPACTS E RPW INTERMITTENT STREAM AA — IMPACTED STREAM BUFFER: ZONE 1 = 0.19 AC. OR 8,111 SF. ZONE 2 = 0.08 AC. OR 3.355 SF. 3 TOTAL BUFFER IMPACTS = 0.26 AC. OR 11,466 SF. CD Z _ s O `- OO O 00 cD O Ln N O II (n CD _ N STREAM AA IMPACTS: z U O STREAM AA — TEMP = 27 LF. w STREAM AA — PERM = 91 LF. = a STREAM AA — PERM DISSIPATOR = 21 LF. a a TOTAL STREAM IMPACTS = 139 LF. a a ti X 'J MCADAMS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-01993 County: Wake U.S.G.S. Quad: NC -NEW HILL NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Larry Gardner Address: 1632 Pricewood Lane Apex, NC 27502 Telephone Number: 919-389-7593 Size (acres) 1.12 Nearest Town Apex Nearest Waterway Reedy Branch River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.7335436516623 Longitude: -78.9138638656715 Location description: The protect area for this determination is approximately 1.12 acres located within a 16.97 acre parcel identified by PIN 0722515118, as shown on the attached may entitled "Pricewood Lane Assemblaee- Stream/wetland delineation exhibit' dated 9/22/2016. Indicate Which of the Following Apply: A. Preliminary Determination There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Pagel of 2 SAW -2016-01993 We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastineer at 919-554-4884 x32 or James.C.Lastineer(ia usace.armv.mil. C. Basis For Determination: Pond B was determined to be a non -jurisdictional pond due entirely within uplands. D. Remarks: This determination only applied to the 1.12 acre project area as shown on the attached map described above. E. Attention USDA Program Participants This del ineation/determ i nation 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 1OM15 Atlanta, Georgia 30303-8801 SAW -2016-01993 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by January 23, 2016. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** LASTINGERJAMES.C.13 019rt.4a9-d by LWINGERJAMES CJ 363642400 ON—US-1.1S. Government. —DoD, —Pq, 63642400 ou=USA. en-LASTINGERJAMESC 1363642400 Corps Regulatory Official: Date: 2016 11.23 It 3804 OS'00 Date: November 23.2016 2021 Expiration Date: November 23, The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://co[psmapu.usace.army.mil/cm apex/f9p=136:4:0. Copy Furnished: The John R. McAdams Comnanv Attn: Georee Buchholz 2905 Meridian Parkway Durham, NC 27713 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: November 23, 2016 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: The John R. McAdams Company, Att: George Buchholz, 2905 Meridian Parkway, Durham, NC 27713 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-R, Pricewood Assemblage, SAW -2016-01993 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project iste is approximately 86 acres located adiacent to Pricewood Lane, near the town of Apex, Wake County North Carolina, and is identified by PINS 0722418856, 0722515118, 0722525514, 0722621723, 0722528011, 0722519556, and 0722612127. Size and location of aquatic features included with this determination can be found on the attached inventory table and delineation map entitled "Pricewood Lane Assemblage-Stream/wetland delineation exhibit" dated 9/22/2016. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Wake City: Apex Center coordinates of site (]at/long in degree decimal format): Lat.: 35.7331" Long.: -78.9140" Universal Transverse Mercator: Name of nearest waterbody: Reedy Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): September 22, 2016 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 resources in review area (acreage and linear feet, if applicable Type of aquatic resources (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 Wetland A 35.7323 -78.9171 0.03 acre wetland Section 404 Wetland B 35.7330 -78.9174 0.17 acre wetland Section 404 Wetland C 35.7339 -78.9178 0.17 acre wetland Section 404 Wetland D 35.7345 -78.9163 0.07 acre wetland Section 404 Wetland E 35.7333 -78.9120 0.18 acre wetland Section 404 Wetland F 35.7353 -78.9141 0.76 acre wetland Section 404 Wetland G 35.7364 -78.9121 0.05 acre wetland Section 404 Wetland H 35.7367 -78.9130 0.27 acre wetland Section 404 Wetland Z 35.7296 -78.9120 0.001 acre wetland Section 404 Stream A 35.7350 -78.9162 2,728 linear feet non -wetland Section 404 waters Stream BI 35.7296 -78.9122 60 linear feet non -wetland Section 404 waters Stream B 35.7319 -78.9169 1,096 linear feet non -wetland Section 404 waters Stream F 35.7337 -78.9127 44 linear feet non -wetland Section 404 waters Stream 1 35.7328 -78.9111 1,819 linear feet non -wetland Section 404 waters Pond A 35.7308 -78.9147 3.06 acres non -wetland Section 404 waters Pond C 35.7345 -78.9158 0.59 acres non -wetland Section 404 waters I ) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for 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: The John R. McAdams Company ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ®Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. 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. ® U.S. Geological Survey map(s). Cite scale & quad name: New Hill quad ® Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheet 65 ❑ 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: ❑Aerial (Name & Date): undated or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): NC DEO stream id form IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied noon for later iurisdictional determinations. LASTINGER.JAME Oguslly Mgned by LASDNGEPIAMES U3676a].00 DN:C-US.o=US.Gov—w'-00D.ou=Vla. S.C.1363642400 ou=USA. m=L2311:3 FN3-OS'W U63W1a00 Oale: ]016.11.73 11:3!:30-OS'00' Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) 1 111-43lip Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. SAW -2016-01993 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Larry Gardner The John R. McAdams Company Attn: George Buchholz File Number: SAW -2016-01993 Date: November 23, 2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C NJ APPROVED JURISDICTIONAL DETERMINATION D M1 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http:,/www.usace.army.mil/Missions/CivilWorks/Re ulatocyPropramandPermits.aspx or Cores reeulations 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 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 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 Il of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW -2016-01993 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 11 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. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL, OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: James I,astinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division 3331 heritage Trade Dr., suite 105 60 Forsyth Street, Room I OM 15 Wake Forest, NC 27587 Atlanta, Georgia 30303-8801 919-554-4884 ext 32 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 opportunit to participate in all site investi ations. Date: Telephone number: Si nature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, James Lastinger, For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Legend SUBJECT PROPERTY TOTAL +/- 86 AC RPW Perennial Stream; Total +/- 2782 LF - -- RPW Intermittent Stream; Total +/- 2959 LF _ Wetland H Wetlands; Total +/- 1.7 AC 0.27 AC \ DATA POINT RPW Perennial Stream A ' (Reedy Branch) +1- 2782 LF Wetland G SAC Wetland D +l - 0.07 AC +M . Wetland F I +/- 0.76 AC RPW Interrnittent ,. Stream WOOS P+819 LF i' Pond D 0.59 AC ( Wetland E Wetland C - ---- �� +/- 0.18 AC +/- 0.17 AC a DP2 FWetland B <' +/- 0.17 AC DP1 ., i RPW Intermittent Stream B1 RPW Intermittent +/-1096 LF '0�pc Stream F FriW 44 LF Wetland A +l- 0.03 AC Pond In High Ground Pond B 41 i +/- 0.33 AC Subject Property Evaluated For Approved Jurisdictional _ Determination +/-1.12AC; See Approved JD WOUS Pond A +1- 3.06 AC Notes 1) USACE Field Confirmation Conducted 9/22/16 2) Total Subject Property +/- 86 AC; Subject Property Evaluated For Preliminary Jurisdictional Determination +/- 84.88 AC Subject Property Evaluated For Approved Jurisdictional Determination +/- 1.12 AC 3)Cape Fear River Basin (HUC 03030020609) B. Everett Jordan Lake - New Hope River 4) DWR Stream Index #: Reedy Branch 16-41-10-1 Stream Classification: WS -IV; NSW RPW Intermittent Stream B +1- 60 LF Subject Property Evaluated For Preliminary Jurisdictional Determination +/- 8 See Preliminar Wetland Z +/- 0.001 AC Date: PRICEWOOD LANE ASSEMBLAGE 9/22/2016 STREAMMETLAND DELINEATION EXHIBIT " 0 150 300 600 FIGURE 3. EXISTING CONDITIONS Feet PROJECT #: CRS -16000 1 inch= 300 feet - APEX, NORTH CAROLINA MCADA M S. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 16, 2016 George Buchholz The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 P . Re: ��.. 1 iiCC'.VvOOd I.,ai1C`i I.5s:.[liblag:. — Wake County, NC Dear Mr. Buchholz: This letter is to inform you that a list of all federally -protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http://www,fws.gov/raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally -protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in detert11ir1t11b Whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above-referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally-listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down-gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). 2 List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender 4 Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton April 6, 2017 George Buchholz The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 Office of Archives and History Deputy Secretary Kevin Cherry Re: Potential Development, Pricewood Lane Assemblage, 1632 Pricewood Lane, Apex, CRS -16000, Wake County, ER 17-0481 Dear Mr. Buchholz: Thank you for your letter of March 9, 2017, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewAncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, U Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 1873 Q Q Z C November 1, 2016 George Buchholz 2905 Meridian Parkway Durham, NC 27713 \AAIIRhl1_1U( I:�Iti N Subject: Stream Buffer Determination Apex 16-010 Pricewood Lane Assemblage Primary Watershed —Jordan Lake Watershed Dear Mr. Buchholz, On October 31, 2016, 1 met with you at the subject site to evaluate pond B and determine if it was subject to the Town of Apex (Town) riparian buffer rules. Based on the information obtained during the site visit and per the requirements set forth in Section 6.1.11 of the Town Unified Development Ordinance (UDO), I concur with the riparian buffers as shown on the attached map titled "Stream/Wetland Delineation & Buffer Exhibit, Figure 3. Existing Conditions" dated 9/22/16. Drainage Shown as on Shown as on Determined Feature USGS Soil Survey Determination made in the field Buffer Width Pond B Present Not Present Not Part of a Natural Drainage Way 0 feet This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division of Water Quality (DWQ) or Delegated Local Authority in the Jordan Lake watershed may request a determination by the DWQ Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Otherwise the appeal procedure will be in accordance with UDO Section 6.1.11. If you dispute the Director's determination, you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official State holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, INC 27699-6714. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699- 1601. Town of Apex Stream Buffer Determination (Apex 16-010) Page 2 of 2 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. If you have any questions, please do not hesitate to contact me at (919) 249-3413. Sincerely, Michael S. Deaton, PE Stormwater & Utility Engineering Manager Attachments TOWN OF APEX The Peak of Good Living PO Box 25o Apex, NC 27502 1 (919) 249-3400 1 www.apexnc.org �i�iiill • Mt to' : ♦ r � STREAM FEATURE A `', �. � h M.61% ;tomIOND FEATURE A 00 106�, OF, 7 Mme/ ` ^ yrighit -01'3 National*qe!Lld'g'raph$c7-s7t( t i- ub. .�.y tri t i�itGci `USGS; 7.5 MINUTE, QUAD, "NEW HILL", NORTH CAROLINA; 2002 NATIONAL GEOGRAPHIC SOCIETY LAT: 35.733150 N, LONG: -78.914004 W N PRICEWOOD LANE ASSEMBLAGE ASTREAM & WETLAND DELINEATION FIGURE 1. VICINITY MAP !Uj o �,000 Z,000 a,000 Feet PROJECT #: CRS -16000 Iinch =2,000 feet APEX, NORTH CAROLINA -:k] STREAM FEATURE B w �A CrC2 CrC2 (OFF -SITE) Ae r POND FEATURE A Cri Cid WSC2 STREAM FEATURE G 0- USGS; SOIL SURVEY SHEET 65, WAKE COUNTY, NORTH CAROLINA LAT: 35.733150 N, LONG: -78.914004 W N PRICEWOOD LANE ASSEMBLAGE ASTREAM & WETLAND DELINEATION !NJ 0 250 500 1,000 FIGURE 2. SOIL SURVEY EXHIBIT � Feet PROJECT #: CRS -16000 I inch = 500 feet APEX, NORTH CAROLINA Legend Q SUBJECT PROPERTY TOTAL +/- 86 AC RPW Perennial Stream: Total +/- 2782 LF -- RPW Intermittent Stream; Total +1- 2959 LF Town of Apex Riparian Buffers ® Wetlands; Total +/- 1.7 AC DATA POINT RPW Perennial Stream A (Ready Branch) +1- 2782 LF 100 FT Stream Buffer Wetland H +1- 0.27 AC Wetland G +l- 0.05 AC RII' Wetland D - :: - ' +/- 0.07 AC T 4 ( 50 FT 5 {, I Stream Buffer i +l- 0.76 AC a 1A RPW Intermittent Stream WOUS Pond D +/_ 1819 LF Wetland E Wetland C 1 +/- 0.59 AC ---- °' +/- 0.18 AC +/- 0.17 AC } rt ..- `•• - DP2 50 FT Wetland B - Stream Buffer W` d DPI N 1 , RPW HliiermitEsM �- t` Stream B1 { RPW Intermittent +/-1096 LF �., °R Stream F +l-" LF Wetland A +1- 0.03 AC 50 FT Pond Buffer Pond In High Ground Pond B +/- 0.33 AC Subject Property Evaluated FT For Approved Jurtatdlctlonal Stream Buffer Determination +1-1.12 AC; See Approved JD Wetland Z +l- 0.001 AC WOUS Pond A +l- 3.06 AC RPW Inbrmftbnt Stream B +l- 60 LF Notes 1) USACE Field Confirmation Conducted 9/22/16; USACEAction Id.: SAW -2016.01993 2) Total Subject Property +/- 86 AC; Subject Property Evaluated Subject Property Evaluated For Preliminary Jurisdictional Determination +/• 04.88 AC For Subject Property Evaluated For Approved Jurisdictional Determination +/. 1.12 AC Preliminary Judedictlonal 3)Cape Fear River Basin (HUC 03030020609) Determination +l- 84.88 AC; B. Everett Jordan Lake - New Hope River See Preliminary JD 4) DWR Stream Index #: Reedy Branch 16.41.10-1 Stream Classification: WS -IV; NSW _«Ro Date: PRICEWOOD LANE ASSEMBLAGE s/22/2016 STREAMMETLAND DELINEATION & BUFFER EXHIBIT FIGURE 3. EXISTING CONDITIONS 0 150 Sao 600FIGURE PROJECT #: CRS -16000 I inch =300 feet APEX NORTH CAROLINA I 10 NC DWO Stream Identification Form Version 4.11 -1_4_1P" F,110 ft- ctIf Ld i Ifl�all Date: Project/Site: /�� (f,.y Latitude: Evaluator: County: Longitude: �/F aV Total Points: Stream Determination (circle o Other kv�j6� N`i Stream is at least intermittent 11 v Ephemeral Intermittent enni f e.g. Quad Name: if 2! 19 or perennial if >_ 30" 2 flP A. Geomorphology (Subtotal = iLU ) Absent Weak Moderate Strong 1 a_ Continuity of channel bed and bank 0 1 2 10 2. Sinuosity of channel along thalweg 0 1 2 flP 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 12 2 3 4. Particle size of stream substrate 0 1 r 3 5. Active/relict floodplain 0 1 3 6. Depositional bars or benches 0 1 3 7. Recent alluvial deposits 0 1 1 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1.5 10. Natural valley 0 0.5 1 11. Second or greater order channel No = 0 Ye;?137 Sketch: a artificial ditches are not rated; see discugsions in manual B. H drolo Subtotal = �Vl 12. Presence of Baseflow 1 2 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1 0.5 0 15. Sediment on plants or debris 0 1 0.5 V 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 11 17. Soil -based evidence of high water table? No = 0 Yes C. Biolo Subtotal = 18. Fibrous roots in streambed 1 t 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 6) 3 21. Aquatic Mollusks V 1 2 3 22. Fish 0 0.5 61, 1.5 23. Crayfish 0 0.5 1.5 24. Amphibians 0 0.5 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: N!` nXA//1 C+. aa... Llanfiri-finn Finan Varcinn d 1 1 1\ V L ♦t IJLI VQLe 1{1 x.11 �11e\.N 41VU 1 Date: t, � r Project/Site'.P��ieivoo `/ Latitud Evaluator: County: C Longitude: 78l J ) 7 Total Points: Stream Determ.nati n (circle one) Other YVewtll Stream is at least intermittent �� Ephemeral t Perennial e.g. Quad Name: if >_ 19 or erennial if ? 30e 2. Sinuosity of channel along thalweg 0 A. Geomorphology (Subtotal = 0 T 2 3 13. Iron oxidizing bacteria 1 2 3 Absent Weak Moderate Strong 1 a. Continuity of channel bed and bank 0 0 1 0.5 2 3 2. Sinuosity of channel along thalweg 0 1C No = 0 1Yes 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 22. Fish 2 3 4. Particle size of stream substrate 0 23. Crayfish 2 3 5. Active/relict floodplain 0 24. Amphibians 2 3 6. Depositional bars or benches 0 25. Algae 2 3 7. Recent alluvial deposits 0 1 3 8. Headcuts "perennial streams may also be identified using other methods. See p. 35 of manual. 1 2 3 9. Grade control 0 6P 1 1.5 10. Natural valley 0 0.5 1 1. 11. Second or greater order channel No = 0 Yes 3 a artificial ditches are not rated; see disc17) in manual B. Hvdrologv (Subtotal = 12. Presence of Baseflow 0 T 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 1 0.5 N 1.5 16. Organic debris lines or piles 0 1 0.5 1.5 17. Soil -based evidence of high water table? No = 0 1Yes 1 C. Biolow (Subtotal= 3--) 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 2 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0 .5 1 1.5 24. Amphibians 0 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: llff ► ?��'fa 11 DWQ Stream Identification Form Version 4.11 Date: � � 1 Project/Site: % ��/00 - Latitude:S )W� I I -73 Evaluator: County: C Longitude: _-7( /) W Total Points: Stream Deterg1tion (circle one) Other//rjtjV /L J!i\// 7 Stream is at least intermittent Ephemeral Inttent Perennial e.g. Quad Name: " if >_ 19 orperennial if>_ 30" 3. In -channel structure: ex. riffle -pool, step -pool, sequence 0 A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong 1a. Continuity of channel bed;and bank 0 1 2 3 2. Sinuosity of channel along "thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, sequence 0 12 1 3 -ripple-pool 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8, Headcuts 0 1 2 3 9. Grade control 0 .5 1 1.5 10. Natural valley 0 ! 0.5 1 1.5 11. Second or greater order channel d = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual f B. Hydrology Subtotal = ) \ 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? 0.5 No = 0 Yes = 3 24. Amphibians % C. Bioloqy (Subtotal 18. Fibrous roots in streambed / 3 2 1 0 19. Rooted upland plants in streamb, d 2 1 0 20. Macrobenthos (note diversity aq abundance) 0\ 1 2 3 21. Aquatic Mollusks i 0 1 2 3 22. Fish 0 0.5 1 1 1.5 23. Crayfish 0 X 0.5 1 1.5 24. Amphibians % 0 lk 0.5 1 1.5 25. Algae / 0 0.5 1 1.5 26. Wetland plants,n streambed CW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: haJu NC DWQ Stream Identification Form Version 4.11 #VQ QL- '�*'Oawk %*, 11 it jo Date: Project/Site: �� l <itiU r1�l Latitude: 3 ysa Evaluator: County: A Longitude: - �l 77 Total Points: Stream De ermin n (circle one) Other /�/ 11 Stream is at least intermittent Ephemeral rmittent Perennial e.g. Quad Name: if >_ 19 orperennial if >_ 30" 2 3 l A. Geomorphology (Subtotal = Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. in -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes= 3 Sketch: a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? 0 No = 0 Yes = 3 1.5 C. Biolo Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWQ Stream Identification Form Version 4.11 C�/t FPu,�c�t"t Date: Project/Site: r'W- iJ GtYIL Latitude: Evaluator:61 County: Longitude: _7r Total Points: Stream De retina ' (circle one) Other �/��/I Stream is at least intermittent Ephemeral 1 ittent Perennial e.g. Quad Name: if >_19 or perennial if >_ 30` 2 3 I A. Geomorphology Subtotal = J Absent Weak Moderate Strong 1a* Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 v a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? 0 No = 0 Yes = 3 1.5 C. Biology (Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22, Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: v f AV� NC DWO Stream Identification Form Version 4.11 <_f f?A,iM l5,eu+AAJ Date: Project/Site: Latitude: 3ST 7X 765F Evaluator: County: Longitude: _ 7U ^l y Total Points: Stream is at least intermittent % if a 19 or Perennial if >_ 30" �t 1 Stream Determination circle one Ephemerald t Perennial Other ZYI�I'lf e.g. Quad A. Geomorphology Subtotal = Absent Weak Moderate Strong ,a, Continuity of channel bed and bank 0 1.5 0.5 2 3 2. Sinuosity of channel along thalweg 0 16. Organic debris lines or piles 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 0.5 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1.5 2 3 6. Depositional bars or benches 0 26. Wetland plants in streambed 2 3 7. Recent alluvial deposits 0 2 3 8. Headcuts 0 2 3 9. Grade control 0 1 1.5 10. Natural valley 0 0.5 1.5 11. Second or greater order channel No = 0 Yes artificial ditches are not rated; see discuj�sions in manual R. Hvdroloov (Subtotal = f/) ) 12. Presence of Baseflow 0 2 3 13. Iron oxidizing bacteria 6 1 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes 0.5 t^_ Rioloav (Subtotal = 172 1 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0Pa 1 1.5 24. Amphibians 0 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWO Stream Identification Form Version 4.11 9fA,UM k0a)(llt%t.,e C Date: Project/Site: fj "P Latitude: 3s -/ 9 7 Evaluator: County:/ Longitude: - , f fl 433 Total Points: Stream Det* motion (circle one) Other j'�/ Stream is at least intermittent Ephemeral ittent Perennial e.g. Quad Name: " if >_ 19 or perennial if >_ 30" 2 3 A. Geomorphology Subtotal = Absent Weak Moderate Strong 1 a Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 artificial ditches are not rated; see discussions in manual R Hvdroioav (Subtotal= 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 1 0.5 1 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? 0.5 No = 0 Yes = 3 0 C_ Rioloov (Subtotal= 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 1 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed I FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWQ Stream Identification Form Version 4.11 /P f Date:J Project/Site: Latitude: Evaluator:C County: Longitude: Total Points: Stream is at least intermittent p� / Stream Determination (circle one} Other 1 [N Ephemeral Intermittent Perennial e.g. Quad Name: if a 19 or perennial if >_ 30" /1";W 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence A. Geomorphology (Subtotal= ) Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel pit .KIK S�V�IV/ V No = 0 Yes = 3 artificial ditches are not rated; see discussions in manual B_ Hvdroloav (Subtotal= ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? 1 No = 0 Yes = 3 0 C. Bioloav (Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: pit .KIK S�V�IV/ V NC DWO Stream Identification Form Version 4.11 Dater Project/Site:r3'r a la Latitude: �a Evaluator: l� -Ca County:! Longitude: _ / 0 1.5 0.5 2 Total Points: Stream Determination (circle one) Other Stream is at least intermittent Ephemeralt Perennial e.g. Quad Name: if a: 19 or perennial if >_ 30' 0 ' A. Geomorphology (Subtotal = Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1.5 0.5 2 3 2. Sinuosity of channel along thalweg 0 Z) 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 ' 2 3 4. Particle size of stream substrate 0 I J 2 3 5. Active/relict floodplain 0 1.5 2 3 6. Depositional bars or benches 0 ! 2 3 7. Recent alluvial deposits 0 2 3 8. Headcuts 0 2 3 9. Grade control 0 1 1.5 10. Natural valley 0 .5 1 1.5 11. Second or greater order channel No = 0 Yes = a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = ) 12. Presence of Baseflow 0 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 5 1 1.5 16. Organic debris lines or piles 0 016 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 0.5 C. Bioloov (Subtotal= zD ) 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 Z 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish r 0.5 1 1.5 23. Crayfish 0 1 1.5 24. Amphibians 0 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: LM State of North Carolina Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02B.0233 (8)(b),.0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 A. Applicant Riparian Buffer Authorization Form Information 1. Project Information 1a. Name of project: Hasse Avenue Extension 1 b. County: Wake 1c. Nearest municipality: Apex 1d. Subdivision name: Linden Subdivision 1 e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer if below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: Judy H Hackney 2b. Deed Book and Page No. 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): 2d. Responsible Party (for Corporations): 2e. Street address: 2505 Olive Chapel Road 2f. City, state, zip: Apex, NC 27502 2g. Telephone no.: 2h. Fax no.: 2i. Email address: 3. Applicant Information (if different from owner) 3a. Applicant is: ❑ Agent ® Other, specify-.- pecify:3b. 3b. Name: Drew Havens 3c. Business name (if applicable): Town of Apex 3d. Street address: 73 Hunter Street, P.O. Box 250 3e. City, state, zip: Apex, NC 27502 3f. Telephone no.: 919-249-3301 3g. Fax no.: 3h. Email address: Drew.Havens@apexnc.org 4. Agent/Consultant Information (if applicable) 4a. Name: Kelly Roth, Environmental Consultant 4b. Business name (if applicable): The John R. McAdams Company 4c. Street address: 2905 Meridian Parkway 4d. City, state, zip: Durham, NC 27713 4e. Telephone no.: 919-361-5000 4f. Fax no.: 919-361-2269 4g. Email address: roth@mcadamsco.com FORM: BA 10-2013 Page 1 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0722411102 1 b. Site coordinates (in decimal degrees): Latitude: 35.729384 Longitude: -78.917476 1 c. Property size: +/- 3.0 acres; 1,500 LF 2. Surface Waters 2a. Name of nearest body of water to proposed project: Reedy Branch 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW 2c. River basin: Cape Fear (HUC 030300020609) FORM: BA 10-2013 Page 2 of 11 B. Project Information and Prior Project History 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area for the proposed Hasse Avenue extends from an existing residential subdivision (Sweetwater Residential Subdivision) located to the north, crosses Reedy Branch, enters the northwestern portion of the proposed Linden development, and extends southwest beyond the proposed Linden development to Olive Chapel Road. Future extension of Hasse Avenue is included on the Town of Apex Transportation Plan Thoroughfare and Collector Street Plan; therefore, the future alignment crosses the property located at 2505 Olive Chapel Road (Wake County PIN # 0722411102) and intersects with Olive Chapel Road. The project area is within the Cape Fear River Basin, and within the Jordan Lake Watershed (HUC 030300020609). The Town of Apex is the delegated authority to implement buffer rules for the project area. However, because the Town is the applicant for this project, we are submitting our buffer authorization application to NC DWR for review and approval. There are three stream features (Stream Feature A [Reedy Branch], Stream Feature B1, and Stream Feature AA) and two wetland features (Wetland D and Wetland B) along the proposed Hasse Avenue alignment. See attached Figure 3 (Existing Conditions) for the location of these features. Sections of Hasse Avenue located within the proposed Linden Subdivision have already received a Preliminary Jurisdictional Determination (see attached USACE Action Id. SAW -2016-01993; issued November 23, 2016). A Preliminary Jurisdictional Determination (PJD) has been requested for the future alignment of Hasse Avenue where it crosses the property located at 2505 Olive Chapel Road (Wake County PIN # 0722411102). There is a 100 -year floodplain and floodway associated with Reedy Branch (NC FIRM Map 3720072200J; effective date May 2, 2006). A Conditional Letter of Map Revision (CLOMR) was submitted to the Town of Apex and the to the state on May 3, 2017. Based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice, the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge, and the requirements set forth in the Town of Apex regulations will be met. The U.S. Fish and Wildlife Service (USFWS) issued a letter on September 16, 2016 (see attached) stating that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act. Therefore, the USFWS believes the requirements under Section 7 of the Endangered Species Act are fulfilled. The North Carolina Department of Natural and Cultural Resources — State Historic Preservation Office (NC SHPO) issued a letter on April 6, 2017 (see attached) stating that SHPO is aware of no historic resources which would be affected by the project, and, therefore, have no comment on the project. 3b. Attach an 8'/z x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. See Figure 1. 3c. Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. See Figure 2. 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,023 LF 3e. Explain the purpose of the proposed project: The purpose of the project is to construct a secondary arterial roadway alignment from the existing Sweetwater Residential Subdivision to Olive Chapel Road that will provide continuous vehicular traffic from U.S. Highway 64 to Olive Chapel Road in the western section of Wake County, North Carolina, which is experiencing increased traffic demands. FORM: SSGP3080 8-13 Page 3 of 11 B. Project Information and Prior Project History 3f. Describe the overall project in detail, including the type of equipment to be used: The western section of Wake County, North Carolina is experiencing increased traffic demands along U.S. Highway 64 (located to the north), Olive Chapel Road (located to the south), Kelly Road (located to the east), and New Hill Road (located to the west). The extension of Hasse Avenue from the existing Sweetwater Residential Subdivision to Olive Chapel Road will provide continuous vehicular traffic from U.S. Highway 64 to Olive Chapel Road and will alleviate existing traffic demands within this section of western Wake County. Hasse Avenue is proposed to extend from the existing Sweetwater Residential Subdivision located to the north, cross Reedy Branch, enter the northwestern portion of the proposed Linden development, and extend beyond the proposed Linden development to the southwest to intersect with Olive Chapel Road. Future extension of Hasse Avenue is included on the Town of Apex Transportation Plan Thoroughfare and Collector Street Plan (see Figure 4 — Overall Site Plan). A pre -application meeting was held with Mr. James Lastinger of the USACE to discuss the permitting process, and it was decided that the Town of Apex was the appropriate applicant. The Hasse Avenue Extension project consists of three (3) phases. Phase 1 of Hasse Avenue is proposed to be constructed first, and Phases 2 and 3 are proposed to be constructed later. Phase 1 proposes to extend Hasse Avenue from the existing Sweetwater Residential Subdivision, cross Reedy Branch, and enter the northwestern section of the proposed Linden development. The future alignment of Phases 2 and 3 proposes to extend Hasse Avenue beyond the proposed Linden development through the property located at 2505 Olive Chapel Road (Wake County PIN # 0722411102) and intersect with Olive Chapel Road. There are Town of Apex buffer impacts associated with all three phases of the proposed project. Phase 1 will impact 0.3 acres of Zone 1 and 0.15 acre of Zone 2 of the Town of Apex buffers associated with Stream A (Reedy Branch). Because buffer impacts are greater than one third of an acre, mitigation is required for the Phase 1 impacts at Crossing 1. Phase 2 proposes to impact 0.17 acres of Zone 1 and 0.05 acre of Zone 2 buffers associated with Stream B1 (total impact of 0.22 acre). Phase 3 proposes to impact 0.19 acre of Zone 1 and 0.08 acre of Zone 2 buffers associated with Stream AA (total impact of 0.26 acre). Because the impact totals are less than one third of an acre for both Phase 2 and Phase 3, mitigation is not required for these impacts. Applications for the USACE Nationwide Permit 14 and NC DWR GC 4088 have also been submitted. For the construction of Phase 1 of the Hasse Avenue Extension, traditional equipment will be used consisting of front- end loaders, bulldozers, paving equipment, graders, and earth movers. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property/ Comments: project (including all prior phases) in the past? 4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: McAdams Name (if known): George Buchholz (formerly of McAdams) Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Mr. James Lastinger (USACE representative) attended an on-site field concurrence meeting on January 28, 2016 and confirmed the wetland/stream delineation. A Preliminary Determination and Approved Determination was issued on November 23, 2016 (USACE SAW -2016-01993) for the adjacent Linden Subdivision. A Preliminary Jurisdictional Determination was requested from the USACE on November 21, 2017. In addition, the Town of Apex issued a Stream Buffer Determination (Town of Apex # 16-010; Primary Watershed — Jordan Lake Watershed) on November 1, 2016. 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 and detail according to "help file" instructions. FORM: SSGP3080 8-13 Page 4 of 11 B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The Hasse Avenue Extension project consists of three phases. Phase 1 is proposed to be constructed first, while Phases 2 and 3 are proposed to be constructed later. Phase 1 proposes to extend Hasse Avenue from the existing Sweetwater Residential Subdivision, cross Reedy Branch, and enter the northwestern section of the proposed Linden development. Phase 1 will involve impacts to riparian buffers associated with Stream A (Reedy Branch). The future alignments of Phases 2 and 3, as currently proposed, extend beyond the proposed Linden development through the property located at 2505 Olive Chapel Road (Wake County PIN # 0722411102) and intersect with Olive Chapel Road. Phases 2 and 3 propose to impact riparian buffers associated with two intermittent features (Stream Features 131 and AA). FORM: SSGP3080 8-13 Page 5 of 11 C. Proposed Impacts Inventory 1. Buffer Impacts 1a. Project is in which protected ❑ Neuse ❑ Tar -Pamlico ❑ Catawba basin? ❑ Randleman ® Jordan ❑ Goose Creek Project is in Town of Apex, Cape Fear Basin 1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact Stream Buffer mitigation Zone 1 Zone 2 number — impact (exempt, name required? impact impact Permanent (P) allowable, (sq ft) (sq ft) or Temporary allowable w/ T mitigation) B1 ® P ❑ T Crossing 1 Allowable with Reedy ® Yes ❑ No 13,068 6,534 (210'x10' mitigation Branch concrete box (Stream culverts, 2 84" Feature A) CMP pipes, riprap pad, grading) B2 ® P ❑ T Crossing 2 Allowable Stream B1 ❑ Yes ® No 7,572 2,095 (48" RCP pipe, riprap pad, grading) B3 ® P ❑ T Crossing 3 (48" Allowable Stream AA ❑ Yes ® No 8,111 3,355 RCP pipe, riprap pad, grading) Total buffer impacts 28,751 11,984 1c. Comments: FORM: BA 10-2013 Page 6 of 11 C. Impact Justification and Mitigation, continued D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project was designed to avoid and minimize impacts to streams and wetlands. Due to increased traffic demands along U.S. Highway 64 (located to the north), Olive Chapel Road (located to the south), Kelly Road (located to the east), and New Hill Road (located to the west), a north -to -south secondary arterial roadway alignment is required to have continuous vehicular traffic flow. To provide a north -to -south secondary arterial roadway, The Town of Apex Transportation Plan Thoroughfare and Collector Street Plan prescribes the alignment of Hasse Avenue from U.S. Highway 64 to Olive Chapel Road. As a result, the alignment of Hasse Avenue from U.S. Highway 64 was incorporated into the existing Sweetwater Residential Subdivision. To extend Hasse Avenue through the proposed Linden development (located south of the Sweetwater Residential Subdivision) and terminate at Olive Chapel Road, the alignment for Hasse Avenue must cross Reedy Branch at the proposed location (see Crossing 1; Phase 1) and extend into the property located at 2505 Olive Chapel Road (see Crossings 2 & 3; Phases 2 & 3). For Hasse Avenue Phase 1 (Crossing 1), various alternatives were examined with consideration of the following: a) existing traffic demands along U.S. Highway 64, Olive Chapel Road, Kelly Road, and New Hill Road; b) access to the proposed Linden development and the existing Sweetwater Residential Subdivision; c) emergency vehicular access to the proposed Linden development; and d) a no build option. Not building the extension of Hasse Avenue to terminate at Olive Chapel Road was determined not to be a viable option since this would not alleviate traffic demands along U.S. Highway 64, Olive Chapel Road, Kelly Road, and New Hill Road. The extension of Hasse Avenue would provide additional emergency vehicular access to the proposed Linden development, and provide a north -to -south connection between U.S. Highway 64 and Olive Chapel Road, thereby alleviating traffic along U.S. Highway 64, Olive Chapel Road, Kelly Road, and New Hill Road. Due to the alignment configuration of Hasse Avenue through the existing Sweetwater Residential Subdivision, the crossing of Reedy Branch by Hasse Avenue is limited to only one location that takes into account geometric configuration design, construction constraints, and safe vehicular passage. The alignment of the future Phases 2 & 3 of the Hasse Avenue Extension will be directed along a route which proposes to impact the least amount of jurisdictional streams and wetlands located on the property at 2505 Olive Chapel Road so that a terminus connection to Olive Chapel Road could be achieved. Additionally, each road crossing alignment (Crossings 1, 2, and 3) has been designed to the minimum size necessary to promote safe vehicular passage. FORM: SSGP3080 8-13 Page 7 of 11 C. Impact Justification and Mitigation, continued 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Road crossings and culvert impacts at stream features (Stream Feature A [Reedy Branch], Stream Feature B1, and Stream Feature AA) have been minimized to the maximum extent practicable and have been aligned to cross streams as close to 90 degrees as possible. Dissipator pads associated with each culvert will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. There will be minimal temporary impacts associated with coffer dams and diversion channels, which will be used to conduct the proposed work within dry conditions. The use of the temporary coffer dams and diversion channels will be less than 90 days from the initiation of the proposed stream and wetland impacts. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional streams and wetlands. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional streams and wetlands. Stockpiling of excavated material within jurisdictional streams, wetlands, and riparian buffers will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional streams, wetlands, and riparian buffers will be carried to completion in an expeditious manner to minimize the period of disturbance within the jurisdictional features. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in the Erosion Control Plan sheet reviewed and approved by the NC Division of Land Quality and the Town of Apex. All work will take place during dry conditions and can be facilitated from high, non jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, temporary coffer dams, and tree protection, clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. FORM: SSGP3080 8-13 Page 8 of 11 C. Impact Justification and Mitigation, continued 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer ® Yes ❑ No mitigation? 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact Multiplier Required mitigation (square feet (square feet Zone 1 Road crossing 13,068 3 (2 for Catawba) 39,204 Zone 2 Road crossing 6,534 1.5 9,801 Total buffer mitigation required: 49,005 2c. If buffer mitigation is required, is payment to a ® Yes ❑ No mitigation bank or NC EEP proposed? 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. (see attached letter from NC DMS) 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: Phase 1 of the Hasse Avenue Extension will impact 0.3 acres of Zone 1 buffers and 0.15 acre of Zone 2 buffers associated with Stream A (Reedy Branch). Because buffer impacts are greater than one third of an acre, mitigation is required for the Phase 1 impacts at Crossing 1. Phase 2 proposes to impact 0.17 acres of Zone 1 and 0.05 acre of Zone 2 buffers associated with Stream 131 (total impact of 0.22 acre). Phase 3 proposes to impact 0.19 acre of Zone 1 and 0.08 acre of Zone 2 buffers associated with Stream AA (total impact of 0.26 acre). Because the impact totals are less than one third of an acre for both Phase 2 and Phase 3, mitigation is not required for these impacts. McAdams has requested buffer mitigation credits to compensate for 13,068 sq. ft. of Zone 1 buffer impacts and 6,534 sq. ft. of Zone 2 impacts associated with Crossing 1 (Stream A — Reedy Branch). The attached letter from DMS dated November 20, 2017 demonstrates acceptance by DMS of payment for the necessary buffer mitigation credits to satisfy the compensatory mitigation obligations for the proposed project. Credits requested beyond what is required as mitigation for Crossing 1 impacts will be used later for impacts to Zone 3 Town of Apex of riparian buffers. FORM: SSGP3080 8-13 Page 9 of 11 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ® Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ❑ Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. 1 a. If due to site constraints, a BMP other than a level spreader is proposed, please provide a ❑ Yes ® No plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP of public (federal/state) land? Manual and attach a BMP Supplement Form. 1 b. The proposed stormwater management plan for the project will be designed to protect the ❑ Yes ❑ No downstream environment. The plan incorporates stormwater management techniques to environmental document pursuant to the requirements of the National or State (North manage both water quantity and quality aspects of site runoff. Stormwater management for the project will be accomplished by incorporating engineered stormwater best management practice facilities to capture and treat the stormwater runoff from developed If you answered "yes" to the above, has the document been finalized by the State areas. The proposed roadway is located within the Cape Fear River basin with all stormwater runoff draining into Reedy Branch. Per the Town of Apex regulations, final design of stormwater management on this site shall meet the stormwater management Comments: and diffuse flow performance standards for development set forth in the Town of Apex 2. Unified Development Ordinance (UDO). F. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use ❑ Yes ® No of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑ No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ❑ Yes ® No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .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): Kelly Roth 11/21/2017 Applicant/Agent's Printed Nameplican gents Si ature Date (Agent's signature is valid only if an thorization letter from the applicant is provided.) Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent by First Class Mail via the US Postal Service NC DWR, Transportation Permitting Unit For government transportation projects sent by OR delivery service (UPS, FedEx, etc.).- NC tc.):NC DWR, Transportation Permitting Unit FORM: BA 10-2013 Page 10 of 11 1617 Mail Service Center Raleigh, NC 27699 - 1617 512 N. Salisbury Street Raleigh, NC 27604 For all other projects sent by First Class Mail For all other projects sent by delivery service via the US Postal Service (UPS, FedEx, etc.): Karen Higgins OR Karen Higgins NCDWR — 401 & Buffer Permitting Branch NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 FORM: SSGP3080 8-13 Page 11 of 11 Mitigation Services ENVIRONMENTAL QUALITY November 20, 2017 Creighton Call Crescent Communities 227 West Trade St., Suite 1000 Charlotte, NC 28202 Project: Hasse Avenue Buffer ROY COOPER MICHAEL S. REGAN Expiration of Acceptance: 5/19/2018 County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification 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 (8 -digit HUC Impact Type Impact Quantity � Cape Fear 03030002 Zone 1 13,068 Zone 2 12,633 Jordan- Lower New Hope 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: Kelly Roth, agent Sincerely, Ja es. B Stanfill As et Management Supervisor State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T