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HomeMy WebLinkAbout20110335 Ver 1_401 Application_201104112d110%335 WITHERS &' RAVENEL ENGINEERS I PLANNERS 1 SURVEYORS 1410 COMMONWEALTH DRIVE, SUITE ioi WILMINGTON, NORTH CAROLINA, 28403 (910) 256-9277 FAX (910) 256-2584 T0: NC Division of Water Quality - 4o1 Wetlands Unit 165o Mail Service Center Raleigh, NC 27699 WE ARE SENDING YOU ? Shop Drawings ? Copy of Letter ® Attached ? Prints ? Change order the following items: ? Specifications COPIES DATE NO. DESCRIPTION 1 /6/11 021o0 16.oo $240 Check for Application Fee 4/5/11 021o0 16.oo NWP 39 PCN 1 /6/11 021o0 16.oo CD of Electronic Co of PCN Submittal THESE ARE TRANSMITTED as checked below: ® For approval ? Approved as submitted ? For your use ? Approved as noted ? As requested ? Returned for corrections ? For review and comment ? ? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US REMARKS: WETLANDS AND STORMWATER BRANCH COPYTO: File ? Resubmit ? Submit ? Return copies for approval copies for distribution corrected prints SIGNED: Troy Beasley if enclosures are not as noted, kindly notify us at once. LETTER OF TRANSWTTAL DATE /6/11 JOB NO. 02100 16.00 ATTENTION Mr. Ian McMillan PHONE # 919-8o7-6364 RE: Crabtree Village NWP 39 PCN Submittal ? Under separate cover via _ ? Plans ? Samples ? Diskette ? ua[e: 1.''? 0 7 2011 WITHERS RAVEN EL ENGINEERS I PLANNERS SURVEYORS April 5, 2011 US Army Corps of Engineers Regulatory Field Office Attn: Mr. Jamie Sherri 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC-Division of Water Quality 401 Wetlands Unit Attn: Mr. Ian McMillan 1650 Mail Service Center Raleigh, NC 27699 Re: Crabtree Village Commercial Center - Request for 404/401 Authorization and Buffer Compliance W&R Project 402100316.00 Dear Mr. Shern and Mr. McMillan, On behalf of Redus NC Land, LLC, we are requesting authorization from the USACE to use NWP 39 for 961f of permanent perennial stream impacts for the construction of the proposed project. We are also requesting 401- Certification and Buffer Compliance from NC-DWQ for impacts to jurisdictional streams and riparian buffers. The project is ±24 acres in size and is located north of the intersection of Crabtree Village Avenue and Blue Ridge Road in Raleigh, Wake County (Latitude: 35.834925N; Longitude: -78.678692W). The project site is bordered to the south by Blue Ridge Road, to the east by Crabtree Valley Avenue and to the north by Edwards Mill Road. The project is located in the Neuse River basin and onsite waters drain to House Creek, which is a tributary of Crabtree Creek. The Water Quality Classification for House Creek is C; NSW and the Stream Index Number is: 27-33-13. The cataloging unit for the site is 03020201. Proposed Project The proposed project consists of a mixed use commercial and multi-family residential development. The proposed mixed-use development will be constructed entirely in uplands. As a condition of the approval of the project, the City of Raleigh is requiring the applicant to provide road improvements to Crabtree Valley Avenue and Blue Ridge Road to relieve traffic congestion in this area. The proposed improvements to Crabtree Valley Avenue consist of the construction of two additional lanes and median, as well as a greenway trail, which will require an extension of an existing culvert. A retaining wall has been designed to support fill for the greenway trail to minimize stream and buffer impacts. The required improvements to Blue Ridge Road consist of widening of the roadway and construction of a greenway trail, which will also require an extension of an existing culvert. A retaining wall has been designed to support fill for the greenway trail to minimize stream and buffer impacts. Project HiAM Onsite waters were delineated by Withers and Ravenel on February 8, 2011. A Preliminary JD Form has been provided for the project site. 111 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 1 fax: 919.467-6008 1 www.withersravenel.com I License No. C-0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 416 D Gallimore Dairy Road I Greensboro, NC 27409 1 tel: 336.993.5504 1 fax: 919.467.6008 WITHERS RAVEN EL ENGINEERS IPLANNERS ISURVEYORS Proposed Impacts The proposed impacts consist of 961f of permanent stream impacts, 10,062 sq ft of permanent impacts to Zone 1, 9,426 sq ft of permanent impacts to Zone 2, 2,454 sq ft of temporary impacts to Zone 1 and 1,446 sq ft of temporary impacts to Zone 2. Stream Impacts The permanent stream impacts will occur as a result of the required roadway improvements to Crabtree Valley Avenue and Blue Ridge Road. The required improvements to Crabtree Valley Avenue consist of extension of the existing culvert, widening of the roadway and construction of a greenway trail, which will result in 60 if of permanent stream impacts (Impact Exhibit A1). The required improvements to Blue Ridge Road consist of the extension of the existing culvert and placement of rip-rap below the culvert, widening of the roadway and construction of a greenway trail, will result in 36 if of permanent stream impacts (Impact Exhibit A3). Buffer Impacts The widening of Crabtree Valley Avenue (Impact Exhibit A2) will result in 4,370 sq ft of permanent buffer impacts to Zone 1 and 2,510 sq ft of permanent buffer impacts to Zone 2. The construction of the greenway trail will result in 1,267 sq ft of permanent buffer impacts to Zone 1 and 584 sq ft of permanent buffer impacts to Zone 2. The temporary construction access will result in 1,181 sq ft of temporary buffer impacts to Zone 1 and 306 sq ft of temporary buffer impacts to Zone 2 during construction of the retaining wall for the greenway trail. The widening of Blue Ridge Road (Impact Exhibit A4) and construction of the greenway trail will result in 1,716 sq ft of permanent buffer impacts to Zone 1 and 1,814 sq ft of permanent buffer impacts to Zone 2. The temporary construction access will result in 1,273 sq ft of temporary buffer impacts to Zone 1 and 1,140 sq ft of temporary buffer impacts to Zone 2 during construction of the retaining wall for the greenway trail. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to jurisdictional "waters" could be minimized. The proposed project is being constructed entirely in uplands. The proposed stream and buffer impacts are the result of the roadway improvements required by the City of Raleigh. Impacts to streams and buffers have been minimized through the use of a retaining wall to support fill for the greenway, rather than back slopes to stabilize fill which would have resulted in additional stream and buffer impacts. Mitigation Because the proposed permanent stream impacts are less than 1501f, there is no stream mitigation proposed. WITHERS Lo RAVENEL Page 2 of 3 ENGINEERS I PLANNERS I SURVEYORS WITHERS RAVEN EL ENGINEERS IPLANNERS ISURVEYORS The proposed road crossings will impact less than 1/3 acre of buffers at each crossing, which is classified as an "allowable" use. Greenway trails are also an "allowable use". The two temporary construction access areas will impact a total of 3,900 sq ft of House Creek buffers and is designated as an "allowable" use. Therefore, there is no buffer mitigation proposed. Stormwater Management Plan The Stormwater Management Plan consists of one underground sand filter and two wet ponds. All BMPs have been designed to remove 85% of the total suspended solids for the first 1" of rainfall. Per current DWQ requirements, the outlet from the sand filter does not require an engineered level spreader because the device is capable of removing at least 3-% of the total nitrogen loading rate. Downstream of the outlet from the wet ponds, the developer is proposing an engineered level spreader near the existing riparian buffer. The existing slope and vegetation within the buffer is sufficient to meet the major design requirements in the current BMP manual. The Stormwater Management Plan is currently being reviewed by the City of Raleigh. Upon final approval by the City of Raleigh, a copy of the approved Stormwater Management Plan will be provided to DWQ. The current request is for 96 if of permanent impacts to jurisdictional streams and 23,388 sq ft of buffer impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, d- C5 Troy Beasley Environmental Scientist Attachments: • PCN Form • Agent Authorization • USGS Quad Map • Wake County Soil Survey • Jurisdictional Feature Exhibit • Preliminary JD Request - Corps Application Only • Site Plan • Impact Plans WITHERS Lo RAVENEL Page 3 of 3 ENGINEERS I PLANNERS I SURVEYORS o??o'Fyw?a rF9Q? oNii? -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ®Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Crabtree Village Commercial Center 2b. County: Wake 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Redus NC Land, LLC 3b. Deed Book and Page No. DB: 13954; Page: 0160 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3563 Phillips Hwy, Suite 601 E 3e. City, state, zip: Jacksonville, FL 32207 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page I of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: NC Office of Redus NC Land, LLC 4b. Name: Bill Honaker - Vice President 4c. Business name (if applicable): Redus NC Land, LLC 4d. Street address: 8540 Colonnade Center Drive, Suite 111 4e. City, state, zip: Raleigh, NC 27615 4f. Telephone no.: 919-334-2643 4g. Fax no.: 4h. Email address: Bill.honaker@wachovia.com 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910-256-9277 5f. Fax no.: 910-256-2584 5g. Email address: tbeasley@withersravenel.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 0795598141;0795594347;0795583726;0795580999; 0795580406;0795488454 1 b. Site coordinates (in decimal degrees): Latitude: 35.834925N Longitude: - 78.678692 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: ±24 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to House Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C; NSW -Stream Index #27-33-13 2c. River basin: Neuse - 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing conditions of the subject property mainly consist of undeveloped land. The site contains and existing structure and associated parking lot which was previously utilized as a restaurant. The land use in the vicinity of the project consists of a mixture of residential and commercial land use, including the Crabtree Valley Mail, located north of the project site. 3b. List the total estimated acreage of all existing wetlands on the property: None 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ±725 If of Perennial Stream (House Creek). 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a mixed use commercial center. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will consist of a mixed used commercial shopping center. As a condition of approval of the project, the City of Raleigh is requiring that the applicant provide road improvements to Crabtree Valley Avenue and Blue Ridge Road, as well as construct a greenway trail. The improvements to Crabtree Valley Avenue consist of the construction of a two additional lands and median, as well as a greenway trail, which will require the extension of the existing box culvert under Crabtree Valley Avenue. The improvements to Blue Ridge Road consist of the widening of the road and construction of a greenway trail, which requires an extension of the culverts beneath Blue Ridge Road. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Wither & Ravenel Name (if known): Troy Beasley Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ® Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary (T) W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) Al ® P ? T Fill/Culvert House Creek ® PER ? INT ® Corps ® DWQ 10, 60 A3 ® P ? T Fill/Culvert House Creek ® PER ? INT ® Corps ® DWQ 10, 36 3h. Total stream and tributary impacts 96 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody type Area of impact (acres) - Permanent (P) or Temporary (T) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? (T) A2 - Road ? Yes ®PEl T Fill for road House Creek ®No 4,370 sq ft 2,510 sq ft A2 - Greenway ® P ? T Fill for reenwa House Creek ? Yes ® N 1,267 sq ft 584 sq ft g y o A2 - Greenway ? P ® T Construction Access House Creek ? Yes ® No 1,181 sq ft 306 sq ft A4 - Road ? Yes ®PEl T Fill for road House Creek ®No 1,716 sq ft 1,814 sq ft A4 -Greenway ® P ? T Fill for reenwa House Creek ? Yes ® N 2,709 sq ft 4,518 sq ft g y o A4 - Greenway ? P ® T Construction Access House Creek ? Yes ® No 1,273 sq ft 1,140 sq ft 6h. Total buffer impacts 12,516 sq ft 10,872 sq ft 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures ta ken to avoid or minimize the proposed impacts in designing project. Prior to site design, the applicant requeste d that a detailed wetland delineation be completed to avoid and minimized wetland impacts. The only proposed stream impacts will occur as a result of the improvements to Crabtree Valley Avenue and Blue Ridge Road, which are required by the City of Raleigh. Buffer impacts were minimized by designing a retaining wall to stabilize fill for the greenway trail, rather th an using backslopes, which would have resulted in additional buffer impacts. Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The project has been designed to utilize retaining walls to support fill for the greenway trails, rather than backslopes which would result in additional stream and buffer impacts. Also, silt fencing will be installed around all disturbed areas to prevent escape of sediment into the onsite stream. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8of11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ® Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 72.6% 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: The Stormwater Management Plan consists of one underground sand filter and two wet ponds. All BMPs have been designed to remove 85% of the total suspended solids for the first 1 " of rainfall. Per current DWQ requirements, the outlet from the sand filter does not require an engineered level spreader because the device is capable of removing at least 3-% of the total nitrogen loading rate. Downstream of the outlet from the wet ponds, the developer is proposing an engineered level spreader near the existing riparian buffer. The existing slope and vegetation within the buffer is sufficient to meet the major design requirements in the current BMP manual. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Raleigh ® 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? The Stormwater Management Plan is currently being reviewed by the City of Raleigh. A copy of the Stormwater Management Approval will be provided upon receipt. 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ® Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ® No 5. DWQ 401 Unit Stormwater Review Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project is located within a heavily developed area of Raleigh. It is not anticipated that the proposed project will be a catalyst for additional development which could impact nearby downstream water quality. 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. City of Raleigh Sanitary Sewer Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a . Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b . Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? E] Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d . What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? W&R reviewed the NC OneMap Viewer GIS website, located at http://www.nconemap.net/Default.aspx?tabid=286, to identify if any potential occurrence of endangered species on or near the proposed project. The review of the GIS database did not identify any recent occurrences of endangered species or critical habitat on the subject property or within 1.0 miles of the project. Reviews of the site did not identify the presence of endangered species within or adjacent to the proposed project. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b . What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters classified as EFH within Wake County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a . Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b . What data sources did you use to determine whether your site would impact historic or archeological resources? There were no historic structures or potential cultural resources observed within the project site. 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 Flood maps found at www.ncfloodmaps.com. T B l / roy eas ey Withers & Ravenel 4/5/11 Applicant/Agent's Printed Name Applicant/Agent's Signature ' Date (Agent s signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION WITHERS RAVENEL ENG1NELRS I PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner(s) Redus NC Land, LLC do(es) hereby appoint Troy Beasley 1 Withers & Ravenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Crabtree Village project. The owner does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the property owner. . I Date. Agent's Name, Address & Telephone: Signature of Owner(s): Troy Beasley /Withers & Ravenel, Inc. 'y?l WAN\ ?Oj haa, r ? ta? ? 51? ,JT (Name - Print) (Title) 1410 Commonwealth Drive, Suite 101 -- Wilmington, NC 28403 (Signature) Tel._ (910) 256-9277 Z,??y (3 C?)LoNts k,,e CSR- A, 5Tt It j TT? Mailing Address City State Zip 111 MacKenan Drive Cary, NC 275111 tel.: 919.469.33401 fax: 919.467-60081 www.withersravene[.com License No. C-0832 1410 Commonwealth Drive Suite 101 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 416 D Gallimore Dairy Road I Greensboro, NC 27409 ? tel: 336.993.5504 1 fax: 919.467.6008 USGS QUAD MAP AND WAKE COUNTY SOIL SURVEY GRAPHIC SCALE 0 500 1000 1 inch = 1000 ft. I/! / • % 11 l II SITE F^ #J i •l ? v a j ?? yam'''' +. • •^ a G • ',. // woo NEL CRABTREE VILLAGE USGS QUAD MAP -RALEIGH WEST WENGIITHNEEERS 1 RS PLANNERS 1 R SURVEYORS ERA?,h Wake Coun North Carolina GRAPHIC SCALE • 4 • 0 250 500 \ 4 1 1 inch = 500 ft. k Mk; ?..,? Co r g? ` C m W n 1NkF - ?. C2 Co Vol. s s I '+ 1, r Cep 4t Ce `?• / ' ti I v 1 .? ? Q F of A • ??((^/?•• ?-J//? •(+ .4 •. ? ??, 1. ?'? U?? ! `. - C, CRABTREE VILLAGE WAKE CO. SOIL SURVEY SHEET 38 WITHERS RAVENEL ENGINEERS 1 PLANNERS 1 SURVEYORS Ralei h Wake Coun No,lh Carolina JURISDICTIONAL FEATURE EXHIBIT Z-4 W . •, - •i /. rim, *00 na" * J >? MILLAIMIS r w t +s ? r ,i r y? r y ry n- pp ILA yy /? / •'`?^ t? q'` ?r X 7?' AQ r'•d, ? i. n i -40 ?TYp7 i . l ? ?' }?. mid ?T?Y• dP 6 ? ?. ?t ? * ?{? *. ?. `? e d I 41 CRABTREE VILLAGE WITHERS RAVENEL JURISDICTIONAL FEATURE EXHIBIT ENGINEERS 1 PLANNERS 1 SURVEYORS Ralei h Wake Coun North Carolina PRELIMINARY JD REQUEST ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Redus NC Land, LLC Bill Honaker 8540 Colonnade Center Drive, Suite 111 Raleigh, NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake City: Raleigh Center coordinates of site (lat/long in degree decimal format): Lat. 35.834925° N, Long. -78.678692° W. Universal Transverse Mercator: Name of nearest waterbody: House Creek - A tributary to Crabtree Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: ±725 linear feet: 10 width (ft) and/or acres. Cowardin Class: Lower Perennial - Riverine Stream Flow: Perennial Wetlands: N/A Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ? Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to 1 request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 2 Z Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Withers & Ravenel. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Raleigh West Quad 7.5 minute. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date)-2009 Wake County Aerials. or ? Other (Name & Date)- F-1 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 verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) SAMPLE Site number Latitude Longitude Cowardin Class Estimated amount of aquatic resource in review area Class of aquatic resource House Creek 35.835142N -78.677158W perennial ±725 1f Non-Section 10 - Stream IMPACT EXHIBITS 11 ?- PROTECT INFORMATION PROPOSED STREAK RB IMPACTS IRAWS DAYf011 N! DDRGMY IR1R DB 11268 PG 390 BM 1996 PG 1283 PIN #0795496409 / 0 i'. s 0 .3 F?. 301.99 4 5 e? v v? m?\,1111," 1 N at /F ?' - E f YAgyDy DA 11755 PG 1395 PIN ,¢0795571949 .R-__ - N P? PCAIEIIAE ! DB 11257 P BM 1996 PG 444 PIN #0795581396 ?tt cs RyglGH 1s , SO Jgpwsfl ACA.I51 BE FlNpyEEp AT RME EEIms?.. N' DES I126B PG HE IE 390 BM 1996 PG 1283 PIN #07954964D9 TI It - i-- Y - T 1 (?11 TOTALPROJECT ACREAGE 2371911AC 1 ll l REFERENCES D 013954 #34 0160 MAP Y PIN . , . , , of-372 PIN REFERENCES 8544340,0)95153 01411, 0I9i583]2fi m9is8D399, 0795 4aa454, 0791510,405 1 WETINDSDELINEAT1DBY- ' , b . 1 1 1 ? SU RVEYED 81'X8% or ,?T ` 1 ?\ 1 2WETVRND LIM ITS, STREAMS SIT OWN IN TLEATTACiED 1 R DRAWwcSARE EASED UPON 1UR4vIrnONAL 1 V DETERMINATION, ACTON ID 2 -X%X%ADAIEJ A S 3 SIRETREAM I 111 1 \\1111 IMPACTS WERE CALCULATED USING UPDATED t r 1 I \ `I DED SURVEY DATA BYXBX THEINEORMATONWAS 1 PRO VIDEDTOWEREYXX.ON- 2- 1 \ ?. 1 ,, 1 1 N 1 ti ` 1 I1 I1?11 DAY " TLC DB 9,356 PC 14,31 11 I; 11 11 ' EW 994 PG 1416 ;\1 PIN #07965D2569 Z . 1 N 1 1 l ?' 1 ??. ?? 1 1 1yi14 1 \ 1 l °1 1 1 1 y l 1 1 1 gl 1 ll? ye 1 11 11 l\ 1 1 ? # l ? 11 1 I R 1 11 1 111 ?' 11 O 1 1 1? \ 1 1 1 1 ' \ \ l 1 1 l \ 1 1 M1 \ Q 1 1 I 1 1 ?I `I 1 1 1 _ ? 1 1 Il `lg 1 1 ? 1 O ? 1 { 1 11 1? AAFA 1I IwO 11Ia w • memm%r 11,10001 m ww ? 1911w'M'lOR W 011 IOwM I 4AM 0101 P Ow °mmi w m1 101aw 611 Ow SEMI IwM11M. iw 1011 111010 1011 0w 0 1w M Ow M=2 elawr w 0w E y l 1 11w 11YC ? 1 waAL 7N`Ol W 0Y 01M' 111 m Oww'wL W 0! w1K1 llllalf y1 Ow w lwl 1lllw'M 11L W 071 IOMIt 111 IIIbK 000w Us. y11 6101 1 wail BIOlN 1.10 0w ?. / 1 111 ? ? I I. ?1 1 l11 iNn1x E uwv 11 ?? IL ?' 11 PROVOSEO IM PACT AREA I? 1 1 I \ l l l? PROJECT PHnsEROUNOAxr -------- ? ?_?? 111 NEUSE RIVER BUFFER ZONE 1 TEMPORARY IMPACTAREA 1 BUFFER 1 \ o ?? - 1 '1 `'I ` NEUSE RIVER BUFFER ZONE2 TEMPORARY IMPACTAREA 1 1 µ \ ?v I 1 / ? 1 11 4' 111 ??? I / 1 1'' 111 NEUSERVER BUFFER ZONE2 PERMANENT IMPACTAREA (0 I Il `10 \ l?1 AREA N O \? / 11l l 0 P°° 1 II ?/ , / I 1 111 0 1 I ,II 1 & 1 6 A?P ? r% 1 I 1\ / II? '1 1 C 1\ I ti r 0 j ?I 7 1 111 I N/F y / f f I fl 1 T I I I1 f @78-SPI) 1 Y 1 1 YARM D86467 PG 503 PIN #9795890454 'F7.90BgMw / o,'n 1 t d sa !_ s - NEUSE eivEa euETER g/ _ _ 1 I - - - - - - - - - - - - - ?1 11? 4 1 1 T / q xo ECREE -??, - _ r 7@' 1125w1' 1 PG 1018 ?GMIK O YARMI ,I?B I1755 PG 1399 ??... BM l#07 pG 444 #0795583471 BM 1983 PG 623 PIN #0795587517 /? n r A ?? /? ?? (a I? C ,(a A N? , " ` ' ` - EDIVARN 8M 1982 PG 1118 _ & II A4 11 PIN #0795588896 ?:. i 1 / I I Re"TI,v ? CRABTREE VILLAGE OVERALL IMPACT MAP WITHERS &- RAVENEL IMBRRRIR I ?LAYRRIR I IRRVRYDRR Tm ioeN mn? ? RALEIGH, WAKE COUNTY, NORTH CAROLINA 1? 1114111141 101 010700110 VICINITY MAP PROPOSED STREAM IMPACT CULV E TENSION \ \ \ A A EA \ \ \ LENGTH MPACT ILOCA ON AREA STREAM 660 60 \ \ \ \ INDEX PROPOSED IMPACT AREA IMPACEA " 1 / 60 L F M IMPACT \ . . 660 S.F. OF STREAM IMPACT PROJECT BOUNDARY ? ? ? ? ?/? I , ¦' • . . . . . . . . . . . . . . . . . . . . . . . ..... \ \ \ I \ ...... STREAM IMPACT AREA \ I , \ I 1 \ ? 1 I \ I PROPOSED BOX CULVERT ??F\ STREAM IMPACT TYPICAL SECTION \ . \ EXISTING ROADWAY FINISHED GRADE PROPOSED ROADWAY FINISHED GRADE \ I • • \ d ?- ------------------ - - o ?? EXISTING BOX CULVERT I"` PROPOSED O F RETAINING WA L INSTALL MAIN CHANNEL BOX CULVERT 12' BELOW EXISTING STREAM BED GRADE ELEVATION. \ HEADWALL 7i 11/P ?A? GRAPHIC SCALE T 20 0 10 2 40 O 1 inch = 20 k. No. Revision Dale B D-9-1 ae N, m,ie CRABTREE VILLAGE AREA "A1. STREAM IMPACT MAP WITHER5 RAVENEL - I a:aa es ,°e"o RALEIGH WAKE COUNTY NORTH CAROLINA EN6INEEES I P LANNEES I SUEYEr0E5 maeooM , , N"°? ,.„°,,,,e, ,,,s,, a f.z9,?s, „ „?ers,„--. 0 s x NEUSE RIVER BUFFER TOTAL IMPACTS AREA "A2" \ ' \ \ \ 0 0 GRAPHIC SCALE 0 40 IMPACT AREA AREA LOCATION (SF) (AC) NRB ZONE 1 " " ' , I ` ' ' \ \ \ 1 inch = 20 k. \ \ TOTAL 5,637 0.129 PERMANENT A4 ROADWAY 4,370 0.100 GREENWAY TRAIL 1,267 0.029 , NRB ZONE 1 TEMPORARY 1 181 0 027 I \ , . NRB ZONE 2 ' PERMANENT "A4: TOTAL 3,094 0.071 I ROADWAY 2,510 0.058 GREENWAY TRAIL 584 0.013 NRB ZONE 2 TEMPORARY 306 0.007 INDEX PROPOSED IMPACT ARIA tow 41j# PROJECT BOUNDARY I PROPOS?D ..... 1 \? \ NEUSE RIVER BUFFER ZONE 1 TEMPORARY IMPACTAREA BOX CULVERT \ AA NEUSE RIVER BUFFER ZONE 1 PERMANENT IMPACT AREA I \ NEUSE RIVER BUT ERZONE 2 TEMPORARY IMPACT ARFA NEUSE RIVERBUFFERZONE2PERMANENTIMPACT AREA I ,also as \ \ STREAM IMPACT TYPICAL SECTION ' \ s 40# EXLSnNG ROADWAY FlNISHED GRADE PROPOSED ROADWAY RNISHED GRADE \ \ 0, J`O (n ' \ ---- - ---------- CUULVERT'wEaT PRO SED To RETAI ING WALL rA \ INSTALL MAIN CHANNEL BOX CULVERT 12' BELOW EXISTING STREAM 80 GRADE ELEVATION rD . No. Revision Dale B m,ie - °ea9A,e CRABTREE VILLAGE :::::] [ NRB IMPACT MAP AREA "A2, WITHER5 RAVENEL ? 1 I a:aa By 41.1 N. RALEIGH WAKE COUNTY NORTH CARO LINA EN6INEEES I PLANNERS I SUEYEr0E5 maeooM , , _ III '_ "'a „?,,,,„ e, ,,,s,,, a faz9,94s,6? -„?ers, -l om 0 6 s x PROPOSED STREAM IMPACT EXTENSION EIRT REA "A2" IMPACT AREA LOCATION SF LENGTH STREAM 763 36 O ?I GR OC11- EX INDEX PROPOSED IMPACT AREA C " " I P A T AREA A2 / PROJECT BOUNDARY M 36 F. OF. STREAM IMPACT 783 F. OF STREAM IMPACT ? I I 00 ...:. ...:::::: ... / / STREAM IMPACT AREA PROPOSED DOUBLE 96 CULVERT EXTENSION ° .............. PR OSED RETAI NG WAL STREAM IMPACT TYPICAL SECTION // 0 EXISTING ROADWAY FINISHED GRADE PROPOSED ROADWAY FINISHED GRADE / -- ------------- - EXISTING STREAM BED ELEVATION / INSTALL DOUBLE CUP 12" BELOW EXISTING NG J RAPHICSCALE STREAM BED GRADE ELEVATION. / / 20 10 20 40 NTS 1 inch = 20 t. No. Revision Dale B - m,ie °a ae °a°'3. '- 11 CRABTREE VILLAGE AREA"A3, STREAM IMPACTMAP WITHER5 RAVENEL 4"° 4 - I 1h es 4 me"o RALEIGH WAKE COUNTY NORTH CAROLINA ENGINEERS I PLANNERS I SURVEYORS aNNNRe , , C- ".lhC-1- s„ ,e,,,,,4-3340 f- 9194-6008 -lhers, -l om 0 s x NEUSE RIVER BUFFER TOTAL IMPACTS AREA "A4" O O I ? IMPACT AREA AREA LOCATION (SF) (AC) Q CL O > W 220 j NRB ZONE 1 PERMANENT "A4" TOTAL 4,425 0.102 ROADWAY 1,716 0.039 LL_ O uuo 0 Q0 V 230 00 GREENWAY TRAIL 2,709 0.062 N (ON NRB ZONE 1 TEMPORARY 1,273 0.029 240 , / . / NRB ZONE 2 ? PERMANENT A4: TOTAL 6,332 0.145 ROADWAY 1,814 0.042 o?,O O N S PROPOSED ERVICE RETAINING WAL ?? ??/, 1 GREENWAY TRAIL 4,518 0.104 TRASH NRB ZONE 2 TEMPORARY 1,140 0.026 INDEX PROPOSED IMPACT AREA \ / ' PROJECT BOUNDARY NEUSE RIVER BUFFER ZONE I TEMPORARY IMPACTAREA p PROPOSED DOUBLE 96", CULVERT EXTENSION NEUSE RIVER BUFFER ZONE 1 PERMANENT IMPACTAREA % / / kiziQ o NEUSE RIVER BUFFERZONE 2 TEMPORARY IMPACTAREA NEUSERIVER BUFFER ZONE 2PERMANENT IMPACT AREA STREAM IMPACT TYPICAL SECTION T EXISTING ROADWAY FINISHED GRADE PROPOSED ROADWAY FINISHED GRADE G) / - --- 1( GRAPHIC SCALE. SAT INSTALL DOUBLE 96' CUP 20 0 10 20 40 12' BELOW EXISTING SnWM NTS ELEVATION GRADE _ VIP, 1 inch = 20 t. No. Revision Dale B - m,ie °,a ae °a?°' CRABTREE VILLAGE AREA "A4. NRB IMPACT MAP WITHER5 RAVENEL - azk l No RALEIGH WAKE COUNTY NORT H CAROLINA EN61NEEES 1 PLANNERS I SUEYEr0E5 maeooM , , lh_1 ,,,,e,,,,s,,,,a faz„ „?ers,„--- i! s x