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20200464 Ver 1_401 Application_20200330
Preliminary ORM Data Entry Fields for New Actions SAW — 2017 - 1429 BEGIN DATE [Received Date]: Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Rand Village 2. Work Type: Private ❑ Institutional 3. Project Description / Purpose [PCN Form 63d and 133e]: Construction of commercial retail space. Assign Action ID Number in ORM ❑ Government ❑ Commercial ❑✓ 4. Property Owner / Applicant [PCN Form A3 or A41: Cambridge Properties 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form 135b]: SAW-2017-01429 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 7724 Caddy Road Garner, NC 27603 35.66826,-78.69876 8. Project Location - Tax Parcel ID [PCN Form 61a]: 0689987253 9. Project Location — County [PCN Form A2b]: Wake 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Garner 11. Project Information — Nearest Waterbody [PCN Form 132a]: Swift Creek (WS-I11, NSW) 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Neuse, 03020201 Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑ Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 39 ❑ Regional General Permit # ❑ Jurisdictional Determination Request RECEIVED MAR 3 0 2020 ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 NCDEQ/DWR/NPDES I IRONMENTAL March 19, 2020 US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Field Office 401 and Buffer Permitting Unit Attn: Mr. Lyle Phillips Attn: Mrs. Karen Higgins 3331 Heritage Trade Drive, Suite 105 1617 Mail Service Center Wake Forest, North Carolina 27587 Raleigh, North Carolina 27699-1617 Re: Rand Village +/- 26.1 acres SAW-2017-01429 / NBRRO #17-206 7724 Caddy Road, Garner, North Carolina 27603 Nationwide Permit 39 Verification Request Lyle and Karen: The applicant, Mr. Jay Priester with Cambridge -Garner, LLC and Cambridge -Garner 2, LLC, is requesting approval of the enclosed Nationwide Permit 39 verification package. Atlas obtained a Preliminary Jurisdictional Determination for the property on May 9, 2018 following a site meeting with Ms. Tasha Alexander on July 27, 2017. The issued PJD identifies two wetlands and two streams, one perennial channel and one intermittent channel within the review area. Atlas also had a buffer determination in property with Mr. Cheng Zhang on July 6, 2017. The previously issued PJD and buffer determination are attached to this request. The applicant is requesting a Nationwide 39 verification for the construction of a commercial development for retail. Associated development includes construction of buildings, parking, stormwater ponds, parking areas, and truck courts. Proposed impacts related to the development of the property includes 0.242 acres of wetland and 449 square feet of buffer zone 2 riparian buffer impacts. There are no impacts proposed to perennial or intermittent streams or to zone 1 riparian buffers. Enclosed are the necessary permit verification documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, JI Jennifer L Robertson, President )Robertson@atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atiasenvi.com / Offices in Asheville and Charlotte TLAS IRONMENTAL AGENT AUTHORIZATION FORM k U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: RAND VILLAGE Property Owner of Record: CAMBRIDGE-GARNER, LLC Contact Name: JOHN J. PRIESTER, JR. Address: 831 E MOREHEAD ST: STE 245 Address: CHARLOTTE, NC 28202 Phone/Fax Number: 704-661-1893 Email Address: BBBOa CAMBRIDGEPROP.COM Project Address: N/A Project Address: N/A Tax PIN: 0689984402 Signature: Date: 03/26/2020 Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jro bertson @adasenvi.com www.atlasenvi.com '""4TLAS IRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: RAND VILLAGE Property Owner of Record: CAMBRIDGE-GARNER 2, LLC Contact Name: JOHN J. PRIESTER, JR. Address: 831 E MOREHEAD ST: STE 245 Address: CHARLOTTE, NC 28202 Phone/Fax Number: 704-661-1893 Email Address: BBB@CAMBRIDGEPROP.COM Project Address: N/A Project Address: N/A Tax PIN: 0668jj9984402 Signature: "/ I Date: 03/26/2020 . 17 c, Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertson@atasenvi.com www.atiasenvi.com 3331 Heritage Trade Drive, Wake Forest, NC to 7724 Caddy Road, Raleigh, NC - Google... Page 1 of 2 Go gle Maps 3331 Heritage Trade Drive, Wake Forest, Drive 25.4 miles, 41 min NC to 7724 Caddy Road, Raleigh, NC Rand Village: Corps Driving Directions 3331 Heritage Trade Dr Wake Forest, NC 27587 Take Forestville Rd to US-401 S/Louisburg Rd i Head east toward Forestville Rd iN 2. Turn right onto Forestville Rd '01 3. Turn left onto Rogers Rd N 4. Turn right onto Forestville Rd 8 min (4.3 mi) 213 ft 489 ft 0.6 mi 3.6 mi Follow US-401 S/Louisburg Rd, Capital Blvd and US-401 S to Ten -Ten Rd in Swift Creek 34 min (20.8 mi) r' 5. Turn right onto US-401 S/Louisburg Rd 5.9 mi https://www.google.com/maps/dir/3331+Heritage+Trade+Drive,+Wake+Forest,+NC/7724... 3/ 17/2020 3331 Heritage Trade Drive, Wake Forest, NC to 7724 Caddy Road, Raleigh, NC - Google... Page 2 of 2 '�k 6. Use any lane to turn slightly left onto Capital Blvd/North Blvd 8 Continue to follow Capital Blvd 2.1 mi '1 7. Keep left to stay on Capital Blvd 3.5 mi t 8. Continue onto US-401 S/US-70 E/N Dawson St 4D Continue to follow US-401 S/US-70 E 3.9 mi N 9. Keep right to continue on US-401 S/Fayetteville Rd 5.4 mi p 10. Turn right onto Ten -Ten Rd 51 s (0.3 mi) 7724 Caddy Rd Raleigh, NC 27603 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. https://www.google.com/maps/dir/3331+Heritage+Trade+Drive,+Wake+Forest,+NC/7724... 3/ 17/2020 3800 Barrett Drive, Raleigh, NC to 7724 Caddy Road, Raleigh, NC - Google Maps Page 1 of 2 4 gle Maps 3800 Barrett Drive, Raleigh, NC to 7724 Drive 13.6 miles, 23 min Caddy Road, Raleigh, NC Rand Village: DWR Driving Directions .e a. v" , _ u � u :..._. .,..... .�M _, ems.. V q o gle q µ. Map data ©2020 2 mi 3800 Barrett Dr Raleigh, NC 27609 Get on Capital Blvd from Six Forks Rd and Wake Forest Rd 6 min (2.4 mi) t 1. Head west on Barrett Dr toward Haworth Dr 0.1 mi '01 2. Turn left onto Six Forks Rd 0.9 mi 1* 3. Turn right onto Wake Forest Rd 1.2 mi 4. Use the right lane to take the ramp to Capital Blvd 52 ft f 5. Keep right at the fork, follow signs for Downtown/Capitol Blvd and merge onto Capital Blvd 0.2 mi Take US-401 S to Ten -Ten Rd in Swift Creek 18 min (10.9 mi) https://www.google.com/maps/dir/3 800+Barrett+Drive,+Raleigh,+NC/7724+Caddy+Road... 3/ 17/2020 3800 Barrett Drive, Raleigh, NC to 7724 Caddy Road, Raleigh, NC - Google Maps Page 2 of 2 A 6. Merge onto Capital Blvd 1.6 mi t 7. Continue onto US-401 S/US-70 E/N Dawson St 4D Continue to follow US-401 S/US-70 E 3.9 mi N 8. Keep right to continue on US-401 S/Fayetteville Rd 5.4 mi N 9. Turn right onto Ten -Ten Rd 51 s (0.3 mi) 7724 Caddy Rd Raleigh, NC 27603 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. https://www. google. com/maps/dir/3 800+Barrett+Drive,+Raleigh,+NC/7724+Caddy+Road... 3/ 17/2020 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2017-01429 County: Wake U.S.G.S. Quad: NC- Lake Wheeler NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Joseph Rand Address: 831 Morehead Street, Suite 245 Charlotte, NC 28202 Telephone Number: N/A E-mail: N/A Size (acres) 27 Nearest Town Raleigh Nearest Waterway Swift Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.668091 Longitude:-78.698729 Location description: The project is located at 7724 Caddy Road, Raleigh. Wake County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed updated delineation map dated 8/2/2017. labeled Rand Village Sketch Map. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters including wetlands, on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly 2017-01429 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property 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 Tasha Alexander at 919-554-4884 ext. or Tasha.L.AlexanderAusa ce.army. mil. C. Basis For Determination: See the preliminary iurisdictional determination form dated 5/9/2018. D. Remarks: Field visit on July 27, 2017. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. if you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 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 it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA fop , it Pust be eceived at above address by Not applicable. **It is not necessary to sub it A f� to �ionfd ice if you do not object to the determination in this correspondence.** Date of JD: 5/9/2018 \�xpiratio)a Date of JD: Not applicable 2017-01429 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cin,_apex/f9p=136:4:0 Copy furnished: Agent: ATLAS Environmental Inc. Jennifer Robertson Address: 712 English Tudor Lane Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: iobertson atlasenvi.com 2017-01429 bTOTAFICA TION OF' ADVMiISTRATWE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL A licant: Joseph Rand File Number: 2017-01429 _ Date: 05/03/2018 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 APPROVED JURISDICTIONAL DETERMINATION D PRELMNARY JURISDICTIONAL DETERMNATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.g .mil/Missions/CivUWorks/RegglatorvProgra =dPermits.asyx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section H of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the 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 II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II 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. 2017-01429 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 Attn: Tasha Alexander CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 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 oppontnity to participate in all site investi rations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Tasha Alexander, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 05/03/2018 7 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Joseph Rand, 831 Morehead Street, Suite 245,Charlotte, NC 28202 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Rand Village, 2017-01429 D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The project is located at 7724 Caddy Road, Raleigh, Wake County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Raleigh Center coordinates of site (lat/long in degree decimal format): Latitude: 35.668091 Longitude:-78.698729 Universal Transverse Mercator: Name of nearest waterbody: Swift Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: May 9, 2018 ® Field Determination. Date(s): July 27, 2017 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to aquatic resources in Type of aquatic which the aquatic resource Site Number Latitude (decimal Longitude review area (acreage resources (i.e., may be subject (i.e., degrees} (decimaldegrees) and linear feet, if wetland vs.. non- Section 404 or Section applicable wetland waters) 10/404) CH100 35.67050 78.70025000 230 If Non -wetlands Section 404 CH 200 35.66647 -78.6944700 20 If Non -wetlands Section 404 WL 1000 35.66879 -78.6975700 0.29 acre Wetlands Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an unformed 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 (NWT) 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: ® 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: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: F1 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: []Aerial (Name & Date): or E]Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verifieTt-bv the Corns and should not be relied unon for later iurisdictional determiinatic staff mem r completing PJD §J9/2018 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t t Districts may establish timeframes for requester to return signed P. D 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_ �AS i _T- RONMENTAL CH 100 Perennial RPW. 215 LF Legend o Streets C3 Project Boundary 2 Ft Contours Perennial Stream Wetland I Rand Village Sketch Map j WL 2000 I 1 0.15 Acres WL 1000, I 1 1 Wetland Data form 0.29 Acres Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. CH 200 Perennial RPW 20 Ft N Upland Data form �1 Updated August 02, 2017 0 250 500 750 ft 1► � Water Resources ENVIRONMENTAL QUALITY July 6, 2017 Joseph L. Rand 1966 Carrington Dr. Raleigh, NC 27615 Determination Type: ROY COOPER covernor MICHAEL S. REGAN &,iwrary S. JAY ZIMMERMAN Otmrror Subject: Surface Water Determination Letter NBRRO# 17-206 Wake County I Buffer Call I Isolated or EIP Call I ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeral/Intermittent/Perennial Determination El Isolated Wetland Determination ❑ Jordan (15A NCAC 2B .0267) Project Name: Location/Directions: Subject Stream: Rand The projected area is located at 7724 Caddy Road in Wake County UTs to Swift Creek Determination Date: 7/6/2017 Staff: Cheng Zhang Stream E/UP* Not Subject to Buffers Subject to Buffers Start@n Stop@, Soil Survey USGS To o A I X End of culvert** X B P X X X C P X X X *EIIIP = Ephenreral/Intermitter:t/Per ennial ** Origin right out of the property line Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). 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 DWR or Delegated Local Authority may request a determination by the Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:/ideq.ne.goviabout/divisions/water-resources 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Rand Village Wake County 7/6/2017 Page 2 of 2 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 1f sending via US Postal Service c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, Fed Ex, etc.) Karen Higgins DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determi ion, please feel free to contact Cheng Zhang at (919) 791-4259. S' cerel , Danny Smith Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy Cambridge Properties, Inc., 831 E. Morehead Street. Suite 245. Charlotte, NC 28202 P Kfl o4 17-206: Rand Village o07141-LOO" IC X Map provided by NCDEQ Division of Legend: Water Resources 09 t -Approximate Site boundary Locations are approximate and are provided for reference only Q Q � 17-206: Rand Village 1 ttl h(jNa P 1, �� 4e I v i 0 V fleCro ry GENDER D 7P�6 r �j MCCOu Hers Legend: qfYMap provided by NCDEQ Division of Water Resources -Approximate Site boundary Locations are approximate and are provided for reference only �PQS��NT OR lye' e� as nuFs United States Department of the Interior FISH AND WILDLIFE SERVICE . 00 Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 09/07/2018 Self -Certification Letter Project Name Rand Village Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or 0 "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; 7 "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigho,)f vs.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package VIRONMENTAL September 4, 2018 US Fish and Wildlife Service Raleigh Field Office Attn: Mr. Pete Benjamin P.O. Box 33726 Raleigh, NC 27636-3726 Re: Cambridge Properties, Inc. Attn: Mr. Andrew McDonald 831 E. Morehead Street, Suite 245 Charlotte, NC 28202 Pete, Atlas Environmental Inc. (Atlas) conducted a survey on behalf of the property owner and/or developer, Mr. Andrew McDonald, for Threatened, Endangered, and Candidate Species subject to regulation by Section 7 of the Endangered Species Act. The project area consists of approximately 27 acres with mature forest along the stream corridors. A large portion of the property is currently early successional consisting of thick Kudzu and field blackberry. Prior to 2011 approximately 9.4 acres was used for agriculture and in 2013 approximately 7.25 acres was logged. Aquatic resources include one wetland within the logged area and a perennial stream flowing east perpendicular through the northern finger of the project boundary. The planned development for the project will consist of construction of commercial buildings including an anchor tenant such as a grocery store and adjacent shops with townhomes. A nationwide permit from the Corps and water quality certification from DWR will be required for unavoidable impacts to the wetland. At this point there will be no impacts to the perennial stream within the project boundary. A sewer line connection is being considered from the apartments southeast of project boundary and across Fayetteville Highway that would require temporary impacts to the perennial stream, but the sewer line alignment is still being planned. Best regards, �"+' dl?ok Jennifer L Robertson 3Robertson@atlasenvi.com ATLAS Environmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Federal Endangered, Threatened, and Candidate Species Report of Findings September 4, 2018 Rand Village — 25.6 Acres 7752 Fayetteville Road, NC 27603 Wake County, North Carolina Prepared For: Cambridge Properties Andrew McDonald 831 E. Morehead Street, Suite 245 Charlotte, NC 28202 Prepared By.• NVIRONMENTAL 712 English Tudor Lane Charlotte, North Carolina 28211 Summary of Findings Federally Listed Endangered, Threatened, and Candidate Species Introduction At your request, .in 2017, staff from Atlas Environmental, Inc. (Atlas) performed a pedestrian survey of the Rand Village project area to look for federally listed threatened, endangered, and candidate (TEC) species that could potentially occur on the property. Prior to the fieldwork, website records were searched for potential known locations of listed species that have been mapped within a one - mile radius of the approximate center of this property. A one -mile radius from the center of the Rand Village project includes residential developments and commercial businesses. The Rand Village project is located on the Lake Wheeler quadrangle within Wake County, North Carolina. The one -mile buffer from the project boundary lies entirely within the Lake Wheeler Quadrangle and Wake County. Federal Status This status is designated by the U.S. Fish and Wildlife Service (USFWS) and the U.S. National Marine Fisheries Service (NMFS) in accordance with the U.S. Endangered Species Act of 1973, as amended (ESA). Plants and plant varieties, (including fungi and lichens), animal species and subspecies, and vertebrate populations are considered for Endangered or Threatened status according to the criteria established under the ESA. Proposals and determinations to add taxa or populations to the Lists of Endangered and Threatened Wildlife and Plants are published in the Federal Register. Additionally, the USFWS and the NMFS periodically publish a Notice of Review or Notice of Reclassification in the Federal Register that present an updated list of plant and animal taxa which are regarded as candidates or proposed for possible addition to the Lists of Endangered and Threatened Wildlife and Plants. Consult the Asheville or Raleigh Ecological Services Field offices for more information. An endangered species is a taxon "in danger of extinction throughout all or a significant portion of its range" (Endangered Species Act, Section 3). A threatened species is a taxon "likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range" (Endangered Species Act, Section 3). Candidate species are "Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet been issued because this action is precluded at present by other listing activity. Development and publication of proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as other affected parties to give consideration to these taxa in environmental planning." (Federa/Register, February 28, 1996). Taxa formerly considered as Category 1' are now considered as Candidate'. A federal species of concern is a species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the future, and many of these species were formerly recognized as "C2" candidate species. '...The Service remains concerned about these species but further biological research and field study are needed to resolve the conservation status of these taxa. Many species of concern will be found not to warrant listing, either because they are not -threatened or endangered or because they do not qualify as species under the definition in the [Endangered Species] Act. Others may be found to be in greater danger of extinction than'some present candidate taxa. The Service is working with the States and other private and public interests to assess their need for protection under the ATLAS Environmental, Inc. 712 English Tudor Lane, Charlotte, North Carolina 28211 704-512-1206 (o), 828-712-9205 (m) / www.atlasenvi.com Serving the SE United States, Offices in Asheville and Charlotte Act. Such species are the pool from which future candidates for listing will be drawn." (Federal Register, February 28, 1996). A record search of the US FWS website Information, Planning, and Conservation System or IPAC which is a mapping tool was used to generate a table of threatened, endangered, or candidate species, and/or designated critical habitat. There were three species generated from this tool which are all included in Appendix A. The IPAC search returned the following species: Red - cockaded Woodpecker (Picoides borealis) a federal endangered bird, Yellow Lance (Elliptio lanceolate) a federal threatened clam, and Michaux's Sumac (Rhus michauxii) a federal endangered flowering plant. Species on the IPaC list include species that may be affected by your project and could include species that exist in another geographic area. For example, certain fishes or clams may appear on the species list because a project could cause downstream effects on the species. The North Carolina Department of Environment and Natural Resources (NCDENR), North Carolina Natural Heritage Program (NCNHP) GIS database was searched to determine what species or rare natural communities (element occurrences) are known to occur within a one -mile radius of the approximate center of the project. The returned NHP report is included as Appendix B. A list of the rare, threatened, and endangered species and communities known to occur in the Lake Wheeler Quadrangle were generated for the field search. These lists indicate what species have been reported to the NCNHP as occurring in the state, each county, and within each quadrangle. These are not completed listings of what actually exists as no complete survey of the state has ever been completed. The NHP search returned no potential occurrences of Federal Threatened or Endangered species occurring on site. There is one known state rare vascular plant Heller's Rabbit tobacco (Pseudognaphalium hellerr), one known state rare crustacean Carolina Ladle Crayfish (Cambarus davidi), one known state rare dragonfly Regal Darner (Coryphaeschna ingens), and one known rare reptile Slender Glass Lizard (Ophisaurus attenuates), one managed area, and no natural areas that have been documented in the past of occurring within one mile of the project. Information contained in this report concerning the species presented and discussed therein came from reliable published sources as well as personal professional knowledge from the staff members that conducted the field surveys. Methods Searches of the US FWS IPAC website and NC NHP found one currently listed federal endangered plant, one currently listed federal endangered bird species, and one currently listed federal threatened clam. These include: Red -cockaded Woodpecker (Picoides borealis) a federal endangered bird, Yellow Lance (Elliptio lanceolate) a federal proposed threatened clam, and Michaux's Sumac (Rhus michauxii) a federal endangered flowering plant. In summary there are currently three federally endangered or threatened species known to occur or potentially occur within the Lake Wheeler Quadrangle, Wake County, and/or within the vicinity of the project. The survey conducted by Atlas included searches for these species. There are no federal endangered, threatened, or candidate species known to occur within one mile of the project according the NCNHP. ATLASEnvironmental, Inc. 712 English Tudor Lane, Charlotte, North Carolina 28211 704-512-1206 (o), 828-712-9205 (m) / www.atlasenvm.com Serving the SE United States, Offices in Asheville and Charlotte Findings The project site is mostly forested and has some agriculture fields. Federal and State jurisdictional waters exist on site in the form of a perennial stream and wetland. The property is bound to the north and west by forest and agriculture fields, to the east by Hwy 401, to the south by Ten Ten Road. Michaux's Sumac (Rhos michauxir) Michaux's sumac grows in sandy or rocky open woods on basic soils. The sumac survives best in areas where some form of disturbance has provided an open area. Suitable habitat on site includes roadsides and on the edges of artificially maintained clearings. No Michaux's Sumac was observed on site during the field evaluations during September and October 2017. Red -cockaded Woodpecker (Picoides borealis) Red -cockaded Woodpeckers are found in mature pine forest typically 60-120 years old, and these woodpeckers are known for excavating nesting cavities in living pines. These woodpeckers typically need 80 or more acres to have cavity clusters. No suitable habitat exists on site. Yellow Lance (Eiiiptio lanceolate) The Yellow Lance mussels are about 85 mm fully grown and are found in streams as small as one meter wide. These mussels prefer clean medium course sandy substrate in the main channel of streams. There is one perennial stream on site however no permanent stream impacts will occur to this stream. No Yellow Lance was observed on site during the field evaluations. Summary All three federally listed candidate, endangered, and/or threatened species, Michaux's Sumac, Red - cockaded Woodpecker, and Yellow Lance were surveyed for at the project. Limited suitable habitat was present for Michaux's Sumac and Yellow Lance. No suitable habitat was present for the Red -cockaded Woodpecker. None of the species were observed. The project should not have a negative effect on any of the three federally listed species. The project action area does not intersect within a known bald eagle nest or buffer and is unlikely to disturb nesting eagles. Wake county is not a Northern Long Eared Bat (NLEB) county and is not in or within 0.25 miles of a "Red HUC" area. The project should be considered to have a No Effect determination on the NLEB. Permittina If impacts to regulated waters or wetlands are required to develop the property, Condition 18 of Nationwide Permit 29 is applicable as follows: 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Conclusion This concludes our review and report of findings for federal threatened, endangered, and candidate species for Rand Village in Raleigh, North Carolina. We appreciate the opportunity to provide this service. As previously mentioned we recommend moving forward with requesting a "No Effect" determination from the US Fish and Wildlife Service. Please feel free to call with ATLAS Environmental, Inc. 712 English Tudor Lane, Charlotte, North Carolina 28211 704-512-1206 (o), 828-712-9205 (m) / www,atlasenvi.com Serving the SE United States, Offices in Asheville and Charlotte questions or comments. Best Regards, �6"4e-' gzh Jennifer L Robertson, President Species Determination Table Species Present Critical Habitat Determination Michaux'sSumac NO NO No Effect Red Cockaded Woodpecker NO NO No Effect Yellow Lance NO NO No Effect NLEB NO NO May Affect: Not Likely to adversely affect Bald Eagle and Golden Eagle Protection Act Determination Conclusion Determination Unlikely to disturb nesting eagles No Eagle Act Permit Required ATLAS Environmental, Inc. 712 English Tudor Lane, Charlotte, North Carolina 28211 704-512-1206 (o), 828-712-9205 (m) / www.atlasenvi.com Serving the SE United States, Offices in Asheville and Charlotte Site Photographs Wetland Wetland Southwestern property Southern corner of property near gas station Southeastern property Potential sewer line crossing area ATLAS Environmental, Inc. 712 English Tudor Lane, Charlotte, North Carolina 28211 704-512-1206 (o), 828-712-9205 (m) / www.atlasenvi.com Serving the SE United States, Offices in Asheville and Charlotte Site Photographs Potential sewer line crossing area ATLAS Environmental, Inc. 712 English Tudor Lane, Charlotte, North Carolina 28211 704-512-1206 (o), 828-712-9205 (m) / www.atiasenv4.com Serving the SE United States, Offices in Asheville and Charlotte Appendix A IPAC I ix F7N! �MIIJKlPC - United States Department of the Interior FISH AND WILDLIFE SERVICE 1� Raleigh Ecological Services Field Office C" 3 Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: September 05, 2018 Consultation Code: 04EN2000-2018-SLI-1246 Event Code: 04EN2000-2018-E-02557 Project Name: Rand Village Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16U.S.C. 1531 etseq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. 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 determining 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 09/05/2018 Event Code: 04EN2000-2018-E-02557 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 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. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy� for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and h=://www fws gov/mig_ratoI3 birds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.mnfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 09/05/2018 Event Code: 04EN2000-2018-E-02557 Attachment(s): • Official Species List 09/05/2018 Event Code: 04EN2000-2018-E-02557 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919)856-4520 09/05/2018 Event Code: 04EN2000-2018-E-02557 2 Project Summary Consultation Code: 04EN2000-2018-SLI-1246 Event Code: 04EN2000-2018-E-02557 Project Name: Rand Village Project Type: DEVELOPMENT Project Description: Residential Development Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.2oo2le.com/maps/121ace/35.66924227372968N78.69965271259932W M cCuII ery Crossroads Counties: Wake, NC ,O 09/05/2018 Event Code: 04EN2000-2018-E-02557 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries!, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: hMs:Hecos.fws.gov/ecp/species/7614 Clams NAME STATUS Yellow Lance Elliptio lanceolata Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4511 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: b—gs:Hecos.fxvs.gov/ecp/species/5217 09/05/2018 Event Code: 04EN2000-2018-E-02557 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Appendix B NHP Report North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper August 21, 2017 Jennifer Robertson Atlas Environmental, Inc. 712 English Tudor Lane Charlotte, NC 28211 RE: Rand Village; 20170821 Dear Jennifer Robertson: Secretary Susi H. Hamilton NCNHDE-4154 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerancdcr.aov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone: (919) 707-8107 LOCATION- 1651 Unit Service Center www.ncntp.org 121 West Jones Street Raleigh, NC 27699-11651 Raleigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Rand Village Project No. 20170821 August 21, 2017 NCNHDE-4154 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal Group Observation Occurrence Status Date Rank Crustacean 1630 Cambarus davidi Carolina Ladle Crayfish 1997-05-24 E 3-Medium --- Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Damselfly Low Reptile 35532 Ophisaurus attenuatus Slender Glass Lizard 1980-05-18 H? 4-Low --- Vascular Plant 981 Pseudognaphalium helleriHeller's Rabbit -Tobacco 1948-10-12 H 4-Low --- No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Wake County Open Space Wake County: multiple local government Local Government State Global State Status Rank Rank Significantly G3 S3 Rare Significantly G5 S2? Rare Significantly G5 S2 Rare Significantly G4G5T S3 Rare Peripheral 3T4 Definitions and an explanation of status designations and codes can be found at httnc://nr.nhdp_naturpcprvp nrg/content/hale. Data query generated on August 21, 2017; source: NCNHP, 03 July 2017. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-4154-. Rand Village MlsY Zoom I M CrV—oads mccutl*m r-' V �� 4 - . R, _. Ih WI " .1 sl� w August 21, 2017 E] Project Boundary ❑ Buffered Project Boundary ❑ Managed Area (MAREA) Page 3 of 3 1:23,758 0 0.2 0.4 0.8 mi 0 0.325 0,65 1.3 km S...- Es,1 HERE, DeL—, Int—p v.—.1 P Corp, GERM USUS, FAO. NPS. NRCAN. G-B-e. IGN. KwJt., NL, 0,,h,.,— Surrey, E- J.p-. ME-n Evi CNIM (Hong Kongo MURWO, MKrrIyIrKNa. 0 Open5"erftp —W6ul.., and the US User C.—ty Appendix C Fish and Wildlife Service County Species List Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Wake County, North Carolina Updated: 07-10-2017 Common Name Scientific name Federal Record Status Status Vertebrate: American eel Anguilla rostrata FSC Current Bachman's sparrow Aimophila aestivalis FSC Historic Bald eagle Haliaeetus leucocephalus BGPA Current Carolina darter Etheostoma collis lepidinion FSC Probable/potential Carolina madtom Noturus furiosus FSC Current Pinewoods shiner Lythrurus matutinus FSC Current Red -cockaded woodpecker Picoides borealis E Current Roanoke bass Ambloplites cavifrons FSC Current Southeastern myotis Myotis austroriparius FSC Historic Southern hognose snake Heterodon simus FSC Obscure Invertebrate: Atlantic pigtoe Fusconaia masoni FSC Current Diana fritillary (butterfly) Speyeria diana FSC Current Dwarf wedgemussel Alasmidonta heterodon E Current Green floater Lasmigona subviridis FSC Current Yellow lance Elliptio lanceolata P Current Vascular Plant: Bog spicebush Lindera subcoriacea FSC Current Grassleaf arrowhead Sagittaria weatherbiana FSC Historic Michaux's sumac Rhus michauxii E Current Sweet pinesap Monotropsis odorata FSC Historic Virginia least trillium Trillium pusillum var. virginianum FSC Current Nonvascular Plant: Lichen: Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time. Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act MGM: In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de -listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fws. og v/mig_ratorybirds/baldea lg_e.htm Threatened due to similarity of appearance(T(S/A)): In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. Appendix D Resource Maps Y4' ltrf 1. - - + ♦ • ♦� , ' 1 , t •� 0 _ _ ._ •'� � `, , :, � _, ire � y r.r 1 kL IS r • 3. .�. ,..' ,�' ''`�'�r� ` • �;�` ', ., i� ,IV Area not included within project. Jpw f Fix ; xc:` yam, I • Lam^ r r, WAR® NDisclaimer 0 220 440 880 ft JMaps makes every effort to produce and publish A the most current and accurate information possible. I t t t I t t t 1 However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied 1 If1Ch = 400 feet ,are provided for the data therein, its use,or its interpretation. Updated: January 18, 2017 I Google- ear -20 16 -�oogle I 4W r"W A AA m MGoogle Ea*. - mrg,m lGoogle Earth kiI:ige U.S. - Ai A N Legend o Streets 2 Ft Contours Q Project Boundary:D:/ Rand Village 2 Ft Topographic Map m TLAS 1RONMENTAL \` la I I t 75 0 75 150 225 300 m Updated: January 18, 2017 C I . - \ `�-,�.. Rand Village USGS Topographic Map 9 � kRONMENTAL ZVV . a---.%.i U Legend o Streets , Q Project Boundary USGS Topo i 16 5 0 75 150 225 300 m FUpdated: January 18, 2017 Sketch Map provided for illustrative purposes and Rand Village Sketch Map preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. CH 100, Approx 215 LF Corps Stream Quality Perennial RPW Form, Figure 1 Wetland Data Form, Figures 2 & 3 Wetland 1000 Approx. 0.29 Acre Wetland Upland Data Form Legend \\ //// \ o Streets Q Project Boundary Streams 250 0 Wetland I Updated July 14, 2017 E RONMIENTAL Intermittent Stream per DWR Concrete Culvert CH 2O0, Approx. 20 LF, Perennial RPW, I Potential Sewer I Alignment 0 250 500 N 750 ft North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton October 1, 2018 Jennifer Robertson Atlas Environmental, Inc. 712 English Tudor Lane Charlotte, NC 28211 Office of Archives and History Deputy Secretary Kevin Cherry Re: Rand Village Commercial Development, 7949 - 7801 Ten -Ten Road, Raleigh, Wake County, ER 18-2181 Dear Ms. Robertson: Thank you for your letter of August 22, 2018, 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.review(2ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ✓Ramona M. Bartos Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 CONTACT INFORMATION REFERENCES * BOUNDARY & TOPOGRAPHIC/ALTA SURVEY: ATLA/ACSM LAND TITLE SURVEY FOR CAMBRIDGE PROPERTIES, INC. PREPARED BY WETHERILL ENGINEERING PROPERTY OF JOSEPH L. RAND, JR. SWIFT CREEK TOWNSHIP WAKE COUNTY, NORTH CAROLINA MARCH 31, 2016 GOVERNING AGENCIES TOWN OF GARNER TOWN OF GARNER PLANNING & ZONING 900 7TH AVE GARNER, NC 27529 (919) 773-4449 (P) OWNER CAMBRIDGE GARNER LLC, CAMBRIDGE GARNER 2 LLC 831 E. MOREHEAD STREET, SUITE 245 CHARLOTTE, NC 28202 BOHLER/I BOHLER ENGINEERING NC, PLLC N NCBELS P-1132 ` 4130 PARKLAKE AVENUE, SUITE 130 RALEIGH, NC 27612 I Phone: (919) 578-9000 II NC@BohlerEng.com ENVIRONMENTAL IMPACT PLANS FOR RAND VILLAGE SHOPPING CENTER SHEET INDEX SHEET TITLE SHEET NUMBER COVER SHEET 1 OVERALL EXISTING CONDITIONS & DEMO PLAN 2 OVERALL SITE PLAN 3 SITE PLAN 1 4 SITE PLAN 11 5 ENVIRONMENTAL IMPACT MAPS RAND VILLAGE SHOPPING CENTER 7724 CADDY RD I GARNER, NC 27603 N• DEVELOPER CAMBRIDGE GARNER LLC 831 E. MOREHEAD STREET, SUITE 245 CHARLOTTE, NC 28202 3/2/2020 1 JT I NCR192063 COVER SHEET 1 OF 5 SITE DATA: TOTAL SITE AREA: 26.68 AC TOTAL WETLANDS: 0.45 AC TOTAL STREAM: 215 LF EXST STREAM 215 LF BOHLER/ BOHLER ENGINEERING NC, PLLC N NCBELS P-1132 -` 4130 PARKLAKE AVENUE, SUITE 130 RALEIGH, INC 27612 Phone: (919) 578-9000 NC@Boh►erEng.com - 9p.= bu,= -EXST WL-r-TLAND 7,2755F/0.17AC EXST IWETLAN, 12,106 SF/ 0.29 AC XN ♦ --___ —_ ___--♦\ I i I j f ; ; i J/ / 1 i' �r _� ^_ _ ``� �_ �� 1 ( ` ♦11 lfz , / \II` � ,—_____ `♦ `♦ 1 Ate♦ ♦\ ♦ ♦ ♦ � , 1 \ \ { , ` 'i 41 �I I1 l: / \ 200 100 50 0 200 1 "= 200' ENVIRONMENTAL IMPACT MAPS RAND VILLAGE SHOPPING CENTER 7724 CADDY RD I GARNER, NC 27603 3/2/2020 1 JT I NCR192063 OVERALL EXISTING CONDITIONS PLAN 20F5 I I IIMPACT AREA #2 I I I I L---- Yam. BOHLER// BOHLER ENGINEERING NC, PLLC N NCBELS P-1132 4130 PARKLAKE AVENUE, SUITE 130 7� RALEIGH, NC 27612 Phone: (919)578-9000 NC@BohlerEng.com _ ------ i I I WELAND AND STREAM IMPACTS WETLAND IMPACT STREAM IMPACT Zone 1: Inner 30 Ft I Zone 2: Outer 20 Ft MAP IMPACT IMPACT SPECIFICATION PERMANENT 1'TEMPORARY" SHEET NUMBER (SF) I (AC) (SF) (AC) (LF) (SF) (AC) (LF) (SF) (AC) (SF) (AC) (SF) (AC) 4 1 PARKING LOT FILL 10550 0.242 155 0.004 5 2 POND GRADE BACK 294 0.007 TOTAL 10550 0.242 0 0.000 0 0 0.000 0 0 0.000 449 0.011 \`t .'�p IMPACT AREA #1 1 1 PROP RETAIL ~. I 1 v , ,140 SF �C+ ENVIRONMENTAL IMPACT MAPS RAND VILLAGE SHOPPING CENTER 7724 CADDY RD I GARNER, NC 27603 3/2/2020 I JT I NCR192063 OVERALL SITE PLAN 3OF5 RETAINING WALL REMAINING WETLAND AREA — 1,555 S F/ 0.04AC—\ n n n 1 n WETLAND IMPACT 1 PERMANENT IMPACT PARKING LOT FILL 10,550 SF / 0.24 AC �J U U U U U 61 11 0 n n i" n n n n ``` 9J u u U U U U P 40 20 10 0 40 STREAM IMPACT ZONE 2 PERMANENT IMPACT GRADEBACK 155 SF / 0.004 AC ti ti ., BOHLERd ENVIRONMENTAL IMPACT MAPS 3/2/20201 JT I NCR192063 BOHLER ENGINEERING NC, PLLC ; RAND VILLAGE SHOPPING CENTER SITE PLAN I NCBELS P-1132 4130 PARKLAKE AVENUE, SUITE 130 /3� RALEIGH, INC 27612 Phone: (919) 578-9000 4 O F 5 NC@BohlerEng.com 7724 CADDY RD I GARNER, NC 27603 REMAINING WETLAND 4,275 SF / 0.17 AC STREAM IMPACT ZONE 2- PERMANENT IMPACT POND GRADE BACK 294 SF / 0.007 AC I � 50' STREAM BUFFER I � I I 70' STREAM BU ER I I � ---4 J I / •" I I / / .11 BOHLER .1 ENVIRONMENTAL IMPACT MAPS BOHLER ENGINEERING NC, ~ RAND VILLAGE SHOPPING CENTER NCBELS P-1132 4130 PARKLAKE AVENUE,, S SUITE 130 �I� RALEIGH, NC 27612 Phone: (7724 CADDY RD I GARNER, NC 27603 lerE NC@BohlerEng.com g.co 114.9' FOSTE/>? ,/py�y FOSTER, 6Y/LLL W P//V 06990901jj OB ligg PG 004 \� ZON/NG.• 1'?-¢0 40 20 10 0 40 1 "= 40' 3/2/2020 1 JT I NCRI92063 SITE PLAN II 50F5 fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability March 27, 2020 U.S. Army Corps of Engineers Lyle Phillips Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Rand Village This document confirms that Cambridge -Garner, LLC and Cambridge -Garner 2. LLC (Applicants) for the Rand Village (Project) has expressed an interest to utilize 0.25 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically from the Hannah Bridge Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1055. Best Regards, Caitlan B. Parker Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 fires EBX Buffer Mitigation Banks Statement of Availability March 27, 2020 NC Division of Water Resources Stephanie Goss 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Rand Village This document confirms that Cambridge -Garner. LLC and Cambridge -Garner 2, LLC (Applicant) for the Rand Village (Project) has expressed an interest to utilize 674.00 Square Feet of Riparian Buffer Mitigation Credits from one of the following banks, EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Specific bank sites that may be debited are Arrington Bridge I, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek and Polecat, all located in HUC 03020201. As the official Bank Sponsor, EBX-Neuse 1, LLC and EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1075 or cparkeraa,res.us if you have any questions. Best, L�I�WAX' Caitlan B. Parker Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Bank Sponsor — EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX) 0689893092 0689881 0689882399 0689784562 0689884 Legend Q Review Area o Streets 0 Wake Co. Parcels A ...n ftW � 7M`OW, 1 n.....J Parcel Map 0790006001 0689997247 0699090134 0699081685 0689987253 71735 \ 0689973600) 0689975752 Project Name: Rand Village 0699095339 0 100 200 300 400 Ft Location: 7724 Caddy Road Garner, NC 27603 1 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 Date: March 17, 2020 ' ; 4 • r=- N.anor Rape 15" r Bull Run C` 3 - i i a Sete P - a ea I e 4 Uj r. jSPECIAL FLOOD HAZARD AREAS a OTHER AREAS OF FLOOD HAZARD a a iii �v .- - - T 1 M �tj f >t +lei, f JkytTt3f0.`SL fF' CROSS a —221k 4 D r� 1 , a tro` n mihe d $ 1 U 3 s tt .r m -., ,;•t • �• `' d !'fy U � +, TA h . _..- �f �,.©r✓- r• t f's � • �. �R n Google Earth R, _., _ x .. xi - 4), ii_i q +ice•. • • - .�- r1A Topographic Map pow Legend Review Area \ \ \\ o Streets Wake Co. Parcels o 0 100 200 300 400 Ft -- 2ft_Contour x� r A\ \�• �` A ;y t �cb .- Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 Date: March 17, 2020 •Aq -Obs .�Mpmr- Legend Review Area o Streets Wake Co. Parcels USGS Topo r: ... EA USGS Topographic Map E 7 I — - 1 --------- I { r �- k :00 101 3 r� 7T�r 4(00W o \ 111 1% dL Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 Date: March 17, 2020 1 � ' f % 0 100 200 300 400 Ft USGS Topographic Map AA-1 V "p SIX el- 4121 40) 7 IL AWW g/ We It SON, Legend =1 Review Area Project Name: Rand Village Location: 7724 Caddy Road Garner, NC276O3 USGS Quadma les Apex Lake Wheeler Garner Angier Edmondson Legend 0 Review Area 0 Wake County 0 USGS Quads - 1:24000 0 0.5 1 1.5 2 Mi FLAS �ft ONMENTAL Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 Date: March 17, 2020 ' PT Legend Review Area o Streets Wake Co. Parcels UDAR (Ft) 360 375 LJ 390 405 ® 420 Project Name: Rand Village 1 TLAS Location: 7724 Caddy Road Garner, NC 27603 lRONMENTAL For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 Date: March 17, 2020 Legend Review Area o Streets _ Wake Co. Parcels GIS Stream 0 GIS Waterbody National Hvdroaraohic Dataset All Fad. Fad. -7 % ; / � 0 100 200 300 400 Ft Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 1 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 Date: March 17, 2020 Legend 0 Review Area o Streets Wake Co. Parcels HU8_03020201_Wetlands EM Freshwater Forested/Shrub Wetland 0 Freshwater Pond EM Riverine _�. Mix` `�F, National Wetland Invento Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 a pep , �oti, i oss� 0 100 200 300 400 Ft Date: March 17, 2020 7, Ono` 13 -,d- 27-&SJI) N.- SMAt C-k(Lk. Z S WrWIJ:NSW ?,I-. in4. 4� �i- 5-n N.- Z "647, Approx. Review Area Ii-I 4r F-I Crossroad&�' ,e McCullers S K.- mccullers T-,nC�CWY,johrmw Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 LA�; N MENTAL For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826, -78.69876 Date: March 17, 2020 Soil Map —Wake County, North Carolina 7M10 70MM 70MM 8 m 707940 708030 7OB120 708210 70M 7OB390 708480 708M Map Scale: 1:4,040 if printed on A landscape (11" x 8.5') sheet. Meters N 0 50 100 200 300 no 150 � � � USDA Natural Resources Web Soil Survey r N Map projection: Web Mersa Comer000rdinats: WGS84 Edge tics: UTM zone_ 17N WGSB4 �� Conservation Service National Cooperative Soil Survey Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 IRONMENTAL For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 Date: March 17, 2020 MAP LEGEND Area of Interest (AOI) EJ Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines ® Soil Map Unit Points Special Point Features V Blowout 0 Borrow Pit x Clay Spot 0 Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp a Mine or Quarry Miscellaneous Water Perennial Water IV Rock Outcrop + Saline Spot a a Sandy Spot 44 Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot IRONMENTAL Spoil Area Stony Spot Very Stony Spot 5 Wet Spot Other .� Special Line Features Water Features Streams and Canals Transportation +44 Rails ..� Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography Project Name: Rand Village MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Wake County, North Carolina Survey Area Data: Version 18, Sep 16, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Oct 19, 2019—Oct 28, 2019 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Location: 7724 Caddy Road Garner, NC 27603 1 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 Date: March 17, 2020 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI DoB Dothan loamy sand, 2 to 6 percent slopes 10.7 41.1% GrC Gritney sandy loam, 6 to 10 percent slopes 6.2 23.9% PaE Pacolet sandy loam, 15 to 25 0.3 percent slopes Rains sandy loam, 0 to 2 4.5 percent slopes Urban land 3.5 Wedowee sandy loam, 10 to 0.8 15 percent slopes 1.2% RaA 17.1% Ur 13.5% WeD 3.2% Totals for Area of Interest 26.1 100.0% _ Project Name: Rand Village Q Q Location: 7724 Caddy Road Garner, NC 27603 oNMENTAL For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 1 Date: March 17, 2020 Wake County Soil Survey: Portion of Map Sheet 85 Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 IRONMENTAL For: Cambridge Properties Attn-. Mr. Nate Buhler Coordinates: 35.66826,-78.69876 1 Date: March 17, 2020 Legend 0 Review Area Wake County 0 HUC 12 3 030202011001 Lake Wheeler -Swift Creek 030202010901 UpperMiddle Creek 1201 HUC 12 Watersheds 030202011002 Lake Benson -Swift Creek 030202010902 Middle Middle Creek Project Name: Rand Village Location: 7724 Caddy Road Garner, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66826,-78.69876 030202011101 Walnut Creek 030202011004 Mahlers Creek -Swift Creek 202010903 iddle Creek Date: March 17, 2020 030202011 Creek-Neuse R 030 030202011003 qK eoak Creek 0 0.5 1 1.5 2 Mi W�A TF�9OG o15i� -';� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Rand Village 2b. County: Wake 2c. Nearest municipality / town: Garner 2d. Subdivision name: not a subdivision 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Cambridge -Garner, LLC and Cambridge -Garner 2, LLC 3b. Deed Book and Page No. 017488/01597 3c. Responsible Party (for LLC if applicable): Mr. Jay Priester 3d. Street address: 831 E Morehead Street, Suite 245 3e. City, state, zip: Charlotte, NC 28202 3f. Telephone no.: 704-661-1893 3g. Fax no.: 704-333-2394 3h. Email address: bbb@cambridgeprop.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: same as above 4c. Business name (if applicable): same as above 4d. Street address: same as above 4e. City, state, zip: same as above 4f. Telephone no.: same as above 4g. Fax no.: same as above 4h. Email address: same as above 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S Sharon Amity Road, #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: none 5g. Email address: JRobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0689984402 1 b. Site coordinates (in decimal degrees): Latitude: 35.66826 Longitude: --78.69876 1 c. Property size: 26.1 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Swift Creek 2b. Water Quality Classification of nearest receiving water: WS-III; NSW 2c. River basin: Neuse River 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: surrounding landuse is a mix of mature forest and a residential subdivision. 3b. List the total estimated acreage of all existing wetlands on the property: 0.445 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 215 3d. Explain the purpose of the proposed project: The purpose of the project is for the construction of a commercial shopping center for retail space. The development of the property will include construction of buildings, parking areas, storm water treatment, and truck courts. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will require the use of heavy equipment for land clearing, grubbing, and earth work. The existing ground surface will be altered for the building pad, parking areas, and storm water retention ponds. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ®Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jennifer Robertson Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. PJD signed on May 09, 2018 Action ID number: SAW-2017-01429 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.24 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: 0.24 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g . Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: 4g. Comments: there is no open water on site 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation then you MUST fill out Section D of this form. 6a.Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer impact number- Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 P Stormwater outlet UT to Swift Creek Yes 0 155 B2 P Parking lot grading UT to Swift Creek Yes 0 294 B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 0 449 6i. Comments: Page 5 of 10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Total existing wetlands within the review area is 0.445 acre. Only a portion of the wetlands existing within the review area, 0.24 acre, are required to be impacted for the development of the property. The wetland with proposed impacts is WL 1000. Impacts have been minimized by avoiding the perennial channel and Wetland WL 2000 entirely. 100% of the streams on site have been avoided and 46% of the wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Design of the commercial retail and associated parking/stormwater has used construction techniques to avoid the majority of buffers, all streams, and the most high -quality wetland on the property. Grading and design for open space calculations have allowed for minimal impacts to aquatic resources. The only buffer impacts are due to stormwater outlets and there are no Zone 1 impacts. The only buffer impacts have been limited to within the outer 20 feet and collectively add up to 449 square feet. These buffer impacts are required for grading related to the parking lot and the storm water pond. A headwall is being used along the parking lot where the wetland impact will occur to minimize the need for additional impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps ® Mitigation bank 2c. If yes, which mitigation option will be used for this ❑Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: RES, see enclosed SOA Type: Riparian buffer Quantity 0.24 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity none Type: Choose one Quantity none 3c. Comments: none 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: no comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. not applicable Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ® Yes ❑ No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 none none 3 (2 for Catawba) none Zone 2 Stormwater and parking 449 1.5 674 lot grading 6f. Total buffer mitigation required: 674 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). RES; see the enclosed SOA 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Not provided but required, the project engineer is obtaining stormwater plan ❑ Yes ® No approval 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Stormwater treatment will be carried out by a single stormwater retention pond located in the NW area of the project. Stormwater will be collected by grates and curb/gutter and flow to the pond for treatment. The storm water will diffuse flow through the buffer to an unnamed tributary to Swift Creek. 2e. Who will be responsible for the review of the Stormwater Management Plan? Local 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Wake County ® Phase II 3b. Which of the following locally -implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ® Other: WS-III; NSW 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. sanitary sewer Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDENR Natural Heritage Program Map Viewer and GIS Layer; see enclosed desktop review and self certification for Federal T&E 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA web page 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See included no effect letter from NC HPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson �X+dll March 26, 2020 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.4 January 2009