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HomeMy WebLinkAbout20210284 Ver 1_ePCN Application_20210312DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20210284 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Parker Property 1a. Who is the Primary Contact?* Sarah Menser 1b. Primary Contact Email:* Sarah@soilservices.us Date Submitted 3/12/2021 Nearest Body of Water Honeycutt Creek Basin Neuse Water Classification WS-N; NSW Site Coordinates Latitude: Longitude: 35.9113530-78.6258570 Pre -Filing Meeting Information ID# 20210284 Pre -fling Meeting or Request Date* 2/9/2021 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\sagoss 1c. Primary Contact Phone:* (919)896-1607 Version 1 52.2KB A. Processing Information C^U County (or Counties) where the project is located: Wake Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)press V Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: William & Matilda Parker 2b. Deed book and page no.: Book 015086 Page 00196 & Book 015086 Page 00189 2c. Responsible party: 2d.Address * r Yes r No r Yes r No Street Address PO Box 970 Address tine 2 city Manteo Postal / Zip Code 27954-0970 2e. Telephone Number: (252)473-0234 2g. Email Address:* wmpmanteo@me.com 3. Applicant Information (if different from owner) 3a. Name: Connell Radcliff & Roy Mashburn 3b. Business Name: CLR Realty. LLC 3c.Address Street Address 3820 Sparrow Pond Ln Address tine 2 city Raleigh Postal / Zip Code 27606 3d. Telephone Number: (919)524-7200 3f. Email Address:* cadcliff@1 stca roli napro perties. corn 4. Agent/Consultant (if applicable) 4a. Name: Sarah Menser 4b. Business Name: Soil Services, PLLC 4c.Address Street Address PO Box91115 Address Line 2 City Raleigh Postal / Zip Code 27675 4d. Telephone Number: (919)896-1607 4f. Email Address:* sarah@soilservices.us Agent Authorization Letter* Agent Authorization.pdf C. Project Information and Prior Project History Project Information 1b. Subdivision name: (if appropriate) Shadow Creek 1c. Nearest municipality/ town: Raleigh F- 2. Project Identification State / Rovince / Rion NC Country Dare 2f. Fax Number: Slate / Ravine / Region NC Country Wake 3e. Fax Number: State / Rovince / Region NC Country Wake 4e. Fax Number: (919)375-3969 232.3KB 2a. Property Identification Number: 1718066883,1718077469 2c. Project Address Street Address 0 & 12801 Durant Rd Address tine 2 City Raleigh Postal / Zip Cade 27614 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Honeycutt Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010604 4. Project Description and History 2b. Property size: 61 State / Province / I?gion NC Country Wake 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Both parcels are owned by the Parker Family and have been in their family for some time. A single family residential home is on the property as well as older farm house/barns. The land was historically a farm. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS.pdf 15.92MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) NRCS.pdf 294.76KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.8 acres 4g. List the total estimated linear feet of all existing streams on the property: 1736 4h. Explain the purpose of the proposed project:* The property is currently being planned as a proposed residential subdivision. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will utilize typical land moving machinery for the creation of roads and utility installation. This includes graders, dozers, backhoes, sheep's foot roller, trenchers, etc. The project has been in the review process with Wake County and NCDOT including road planning, entrance location off of Durant Road, Stormwater planning, Erosion Control, Wetland and Stream Determinations by USACE and DWR, Flood Hazard Soil Evaluation/Reclassification and Soil Evaluation for septic systems as well as Wake County Watershed Buffers. No indirect impacts are anticipated. 4j. Please upload project drawings for the proposed project. Shadow Creek Estates Subdivision Plan for CDs (1-20-2021).pdf 747.7KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: SAW-2020-00142 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Sarah Menser Agency/Consultant Company: Soil Services Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR G. Lyle Phillips (USAGE) - 1/31/2020 Cheng Zhang (DWR) - 12/6/2019 5d1. Jurisdictional determination upload DWR Letter - Parker Property.pdf 3.67MB SAW-2020-00142 - Preliminary Jurisdictional Determination Tearsheet_SIGNED.pdf 1.92MB 6. Future Project Plans 6a. Is this a phased project?* f Yes G No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? None D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries m Buffers r Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ (?) Jurisdiction* length* S1 Road CrossingPermanent Culvert Feature B Intermittent Both 3 130 Aver�e(feet) (lin�rfeet) $2 Construction Damming Temporary Dewatering Feature B Intermittent Both 3 107 Average (feet) (linearfeet) S3 Velocity Disapator Permanent Rip Rap Fill Feature B Intermittent Both 3Average 16 (feet) �rfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 146 107 3i. Total stream and ditch impacts: 253 3j. Comments: Dams created for pump around are temporary and will be removed after road crossing is complete. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. R Neuse r Tar -Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake F Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Road Crossing P Feature B No 6,257 3,144 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 6,257.00 3,144.00 Zone 1 Zone 2 Total combined buffer impacts: 6,257.00 3,144.00 61. Comments: Supporting Documentation Parker Sub _cds_2.3.21-impact Maps 1.pdf E. Impact Justification and Mitigation 1. Avoidance and Minimization 1.09MB u 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The road crossing was planned as far upstream as NCDOT would allowfor the subdivision entrance on to Durant Road. While crossing above the stream start point would have been ideal to avoid impacts, DOT would not approve it due to the curve in the road and limited visibility in that area. Additionally only one crossing was planned and all other impacts to streams and wetlands have been avoided. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction plans were developed to minimize impact to the crossing area by limiting the slope -fill impacts and much as design parameters would allow to shrink the total impacted stream and buffers. A pump around plan is proposed to limit impacts to biology during construction and temporary dams are proposed to limit sedimentation of the downstream stream bed. 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? r' Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Total stream impacts are below the NWP thresholds and mitigation was not required by USACE or DWR. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? W Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SMNT) W Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation Parker Sub_cds_2.3.21-Overall Stormwater C3.pdf 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 933.27KB 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r- Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r- Yes f• No 3b. If you answered "no," provide a short narrative description. This project as proposed cannot be a)panded based on the available space. Wake County does require the construction of a stub -out road toward the property on the west. However, connection to this stub would be completed by the adjacent property owner should they choose to develop their property. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r- Yes r Nor NIA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r- Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r- Yes r- No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r- Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r- Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r- Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC Website. Consultation Documentation Upload USFWS Species List_ Raleigh Ecological Services Field Office.pdf 214.43KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r- Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA. This is not a coastal 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWEB 2.0 was used. 7c. Historic or Prehistoric Information Upload NCSHPO 2.pdf 415.89KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* f Yes O No 8c. What source(s) did you use to make the floodplain determination?* FEMA NFHL viewer website. Zone A occurs on this project site but the proposed project area is outside of Zone A. Additional documentation attached. Miscellaneous Comments Miscellaneous attachments not previously requested. FEMA 2.pdf FEMA 1.pdf 689.13KB 709.48KB Signature U ® By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Sarah Ilene Menser Signature aJ�ll t!� QWAIK ez Date 3/12/2021 Name: Address: Phone, Date: 10/ 18/ 19 NCDENR — ❑WR Attn: Rick Trone 2321 Crabtree Blvd. Raleigh, NC 27604 AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner & Matilda Parker Attn: Field Agent Field Office: Ra Project Name/Description: 0 & 12801 Durant USACE-Raleigh Attn: Roscoe Sullivan 3331 Heritage Trade Dr. Ste. 105 Wake Forest, NC 27587 Re: StreamfWetiands Related Consulting and Permitting To Whom It May Concern: I, the current property owner, hereby designate and authorize Soil Services, PLLC to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. The 18 day of October, 2019 This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Soil Services staff. You should call Soil Services to arrange a site meeting prior to visiting the site. Uj Print Property Owner's Name Property Owner's Signature cc: Mr. Rick Trone cc: Mrs. Sarah i Menser NCDENR — DWR Soil Services, PLLC 2321 Crabtree Boulevard P❑ Sox 91115 Raleigh, NC 27604 Raleigh, NC 27675 cc: Mr. Roscoe Sullivan USACE-Raleigh 3331 Heritage Trade Dr. Ste. 105 Wake Forest, NC 27587 Phone: (919) 745-1928 www.SoilServices.us Fax: (919) 375-3969 L1 :7 SOIL SERVICES, PLLC PO BOX 91115, RALEIGH, NC 27675 ' OFFICE: (919) 745-1928 FAX: (919) 251-9053 WWW.SOILSERVICES.US Aso X. 1111'zz S r� ` rr Sheet Title: USGS TOPOGRAPHIC MAP Project: 12801 DURANT RD Location: Client WAKE CO., NC CLR REALTY Project No.: 1637-1 Project Drawn: Manager: SM SM Scale: Field Work: 1':300' SM Sheet No.: 1 of 1 CIB3 Sri ' h • i CeIC2 • . • I ueB rI Cif � 0 C eC2 F C e 3 r ` f i 1 I 1\ � I O !r� I 40 :. • Ge 11.E V - CM W ., ' ***F,,,srr3IIAI y i I le F r A fit Gm � CeD ti Sheet Title: Project No.: 1637-1 NRCS COUNTY SOIL SERVEY Msnger Drawn SOIL SERVICES PLLC SM SM � Project: Scale: Field Work: PO BOX 91115, RALEIGH, NC 27675 12801 DU RANT RD 1,:300' SM OFFICE: (919) 745-1928 FAX: (919) 251-9053 Sheet No.: WWW.SOILSERVICES.US Location: Clime. WAKE CO., NC CLR REALTY 1 of 1 DUR A NT R O A D 60' P U B LI C R/ W 5 0 . 0 0 ' 25' TREE AND VEGETATION PROTECTION ZONE 30' PERIMETER BUILDING SETBACK MATCHLINE12 3 4 5 18 19 21 22 23 24 25 26 27 28 29 30 1716 15 14 13 12 11 10 9 8 7 6 OPEN SPACE #2 10.85 AC OPEN SPACE #2 10.85 AC OPEN SPACE #1 5.04 AC WETLANDS WETLANDS 97,243 S.F. 53,774 S.F. SUITABLE SOIL 52,822 S.F. 34,977 S.F. SUITABLE SOIL 61,948 S.F. 37,046 S.F. SUITABLE SOIL 50,825 S.F. 40,149 S.F. SUITABLE SOIL 43,750 S.F. 43,750 S.F. SUITABLE SOIL 35,243 S.F. 35,243 S.F. SUITABLE SOIL 38,324 S.F. 38,324 S.F. SUITABLE SOIL 69,073 S.F. 46,847 S.F. SUITABLE SOIL 41,363 S.F. SUITABLE SOIL 58,692 S.F. 64,165 S.F. 41,832 S.F. SUITABLE SOIL 78,431 S.F. 34,878 S.F. SUITABLE SOIL 75,702 S.F. 55,392 S.F. SUITABLE SOIL 48,316 S.F. 45,322 S.F. SUITABLE SOIL 43,777 S.F. 43,006 S.F. SUITABLE SOIL 47,022 S.F. 46,201 S.F. SUITABLE SOIL 48,109 S.F. 47,294 S.F. SUITABLE SOIL 52,159 S.F. 51,325 S.F. SUITABLE SOIL 44,674 S.F. 41,387 S.F. SUITABLE SOIL 45,816 S.F. 45,816 S.F. SUITABLE SOIL 69,736 S.F. 51,991 S.F. SUITABLE SOIL 45,551 S.F. 34,188 S.F. SUITABLE SOIL 58,147 S.F. 41,242 S.F. SUITABLE SOIL 42,709 S.F. SUITABLE SOIL 67,034 S.F. 35,312 S.F. SUITABLE SOIL 64,563 S.F. 31,078 S.F. SUITABLE SOIL 54,533 S.F. 36,632 S.F. SUITABLE SOIL 46,199 S.F. 36,093 S.F. SUITABLE SOIL 49,755 S.F. 32,44 S.F. SUITABLE SOIL 40,140 S.F. SUITABLE SOIL 44,718 S.F. 44,718 S.F. SUITABLE SOIL 59,007 S.F. 57,770 S.F. SUITABLE SOIL 40,140 S.F. WELL 2 PROPOSED 50' NRB TAKEN FROM TOP OF BANK 50' TREE AND VEGETATION PROTECTION ZONE ALONG DURANT ROAD 30' PERIMETER BUILDING SETBACK 25' TREE AND VEGETATION PROTECTION ZONE 30' PERIMETER BUILDING SETBACK 25' TREE AND VEGETATION PROTECTION ZONE 30' PERIMETER BUILDING SETBACK 13' X 60' SIGN EASEMENT TEMPORARY 120' HAMMERHEAD TURN-AROUND 40' X 30' HAMMERHEAD EASEMENT 40' X 30' HAMMERHEAD EASEMENT R28' R28' 120' 50' WATER SUPPLY WATERSHED BUFFER 50' WATER SUPPLY WATERSHED BUFFER 20' BUILDING SETBACK OFF OF WSWB 20' BUILDING SETBACK OFF OF WSWB 50' NEUSE RIPARIAN STREAM BUFFER (PERENNIAL STREAM) MEASURED FROM TOP OF BANK PERENNIAL STREAM PER DETERMINATION 50' NEUSE RIPARIAN STREAM BUFFER (INTERMITTENT STREAM) MEASURED FROM TOP OF BANK INTERMITTENT STREAM PER DETERMINATION 10' x 70' NCDOT SIGHT DISTANCE TRIANGLE 50' NEUSE RIPARIAN STREAM BUFFER (INTERMITTENT STREAM) MEASURED FROM TOP OF BANK INTERMITTENT STREAM PER DETERMINATION 100' WATER SUPPLY WATERSHED BUFFER EDGE OF NEUSE RIPARIAN BUFFER IS PROPERTY LINE VARIABLE WIDTH STORWATER EASEMENT 20' STORWATER EASEMENT 20' STORWATER EASEMENT 20' STORWATER EASEMENT 20' STORWATER EASEMENT 80'167'57' TOP OF BANK TOP OF BANK TOP OF BANK50.00'50. 0 0 '50.00'PROPOSED WELL PERMIT #WS0500155 11-S ROWROW56,970 S.F. 31 10,824 S.F. SUITABLE SOIL 20 VARIABLE WIDTH STORWATER EASEMENT 20' STORWATER EASEMENT MAIL KIOSK DUR A NT R O A D MATCHLINEOPEN SPACE #1 5.04 AC WELL 2 PROPOSED SCALE: DRAWN BY: DATE: OF SHEET REVISIONS: PROJECT #TMTLA ASSOCIATES5011 SOUTHPARK DRIVE, STE. 200 - DURHAM, NC 27713p: (919) 484-8880 e: info@tmtla.com1/20/2021 4/21/2020 5/26/2020 6/3/2020 6/24/2020 1/20/2021 PMP DURANT ROADWAKE COUNTY, NORTH CAROLINASHADOW CREEK ESTATESPRELIMINARY SUBDIVISION1" = 100' 19128 L-2 Know what's below. before you dig.Call R SWNESINGLE FAMILY AND FORESTRY 61.00 ACRES/2,657,353.01 S.F.TOTAL AREA SITE DATA ZONING EXISTING USE R-40W & R-80W* PIN 1718-06-6883 & 1718-07-7469 NEUSE RIPARIAN BUFFER LEGEND SUITABLE SOILS (SOIL SERVICES, PLLC) WETLANDS 1. Boundary information provided by Sullivan Surveying. 2. Topographic information taken from Wake County GIS. 3. Wetland, Suitable Septic Soils, & Neuse Riparian Buffer information from Bass, Nixon, and Kennedy and Soil Services. Flood hazard Soils provided by Soil Services. 4. Site does not contain flood plain or floodway fringe (Zone A) from FEMA map 3720171800J dated 5/2/2006. 5.All construction shall conform to all state and local standards, specifications and code requirements. 6. No changes may be made to the approved drawings without written permission from the issuing authority. 7. Contractor shall verify the location of all existing utilities and shall be responsible for any damage resulting from his activities. Call utility locator service at least 48 hours prior to digging. 1-800-632-4949. 8. All utilities shall be located underground. 9.All construction shall conform to Article 14 Flood Hazard. 10. All lots shall be served by a community water system. 11. All lots shall be served by individual septic systems. Any lot with less than 30,000 square feet of soils considered usable for on-site wastewater disposal will require demonstration of system installation and repair prior to recordation. 12. No grading shall take place until a soil and erosion plan has been approved and a grading permit issued by Wake County. 13. There is no building allowed within 20' of a Watersupply Watershed Buffer along non-perennial watercourses. 14. Retention of undeveloped open space in a vegetated or natural state shall be ensured by maintenance provisions for the open space or as a maintenance agreement. Either one of these will need to be recorded with the register of deeds prior to or with recording. Access to open space shall be provided within subdivision. 15.Permanent Open Space shall be used for the preservation of environmental features, community gathering area, off-site septic systems, and mail kiosk, and any required parking, utility, and drainage easements. 16. The use of natural drainageways, runoff interception points, discharge points and erosion and sedimentation in control will be keeping with or above the standards of Wake County Environmental Services. 17. Each lot has a frontage of 30 feet or more on a road right of way. 18. Any Neuse riparian buffer crossings are subject to NCDWQ approval. 19 Streets shall either be public private and shall be 20' pavement in either a 50' private street easement or 50' public right-of-way. 20. Prior to plat recordation any encroachment of septic fields into the tree and vegetation protection zone must meet the conditions of Section 16-12-6 (Allowed Encroachments) of the Wake County UDO. 21. Prior to recordation, existing wells and septic shall be abandoned. 22. Prior to recordation, septic fields for lots with less than 30,000 s.f. of good soil will be laid out individually. 24.Flood hazard soils from Wake Co iMaps. 25.The road system shown on this plat includes one or more stub roads that are intended to be connected to the adjacent property at such time that the property is developed. The interconnection of neighborhoods with a road network ensures the efficient flow and dispersal of traffic and provides for additional points of ingress and egress for emergency vehicles. FLOOD PRONE SOILS TOTAL LOTS ALLOWED (R-40W) MIN. LOT SIZE ALLOWED 20,000 S.F. FOR R-40W CLUSTER 56 (1 DU/AC in R-40W) 31TOTAL LOTS PROPOSED SETBACKS SETBACKS FOR AN R-40W CLUSTER SUBDIVISION ARE: FRONT AND CORNERYARD SETBACK - 15' SIDE YARD SETBACK - 7.5' REARYARD SETBACK - 15' FRONT AND CORNERYARD SETBACK - 20' SIDE YARD SETBACK - 10' REARYARD SETBACK - 20' 30' PERIMETER SETBACK IS LOCATED AROUND THE OUTER BOUNDARY OF THE PROJECT. A 25' TREE AND VEGETATION PROTECTION ZONE ARE LOCATED AROUND THE OUTER BOUNDARY OF THE PROJECT. A 50' TREE AND VEGETATION PROTECTION ZONE IS LOCATED ALONG DURANT ROAD Water Supply Watershed Buffer Crossing Notes: Driveway crossings that access single-family dwellings, provided: The use of single driveways for multiple lots may be necessary. 1. No alternative to their location in the buffer (including opportunity for shared driveways) exists; 2. Buffer disturbance is no more than 60 feet wide [1]; 3. Buffer disturbance is no more than 6,000 square feet in area; 4. The driveway crosses the buffer at an angle as close to 90 degrees as possible (and not less than 60 degrees); 5. Side slopes do not exceed a 2:1 (horizontal to vertical) ratio (bridging and/or retaining walls may be used to meet this and the disturbance width standard); and 6. All culverts are designed and constructed for the 25-year storm event or as otherwise required by Wake County Environmental Services. Road crossings (public or private roads), provided: 1. No alternative to their location in the buffer exists; 2. Buffer disturbance does not extend beyond the required right-of-way or easement width, or in no case is more than 90 feet wide; 3. Buffer disturbance is no more than 9,000 square feet in area; 4. The road crosses the buffer at an angle as close to 90 degrees as possible (and not less than 60 degrees); 5. Side slopes do not exceed a 2:1 horizontal: vertical ratio (bridging and/or retaining walls may be used to meet this and the disturbance width standard); and 6. All culverts are designed and constructed for the 25-year storm event or as otherwise required by the Department of Environmental Services.LINEAR FEET IN STREET 3,880 L.F. 15.25 ACRESTOTAL OPEN SPACE REQUIRED (25%) 15.89 ACRESTOTAL OPEN SPACE PROVIDED (26.05%) OPEN SPACE IMPERVIOUS AREA (approximate) * This site is in the Neuse River Basin. The maximum impervious allowed is 30%. (18.87%) 11.51 AC500,467 S.F.TOTAL 107,467 S.F.PROPOSED ROAD (4.05%) 2.47 AC 380,000 S.F.IMPERVIOUS ALLOCATION FOR LOTS *(14.30%) 8.72 AC 4,000 S.F.MAIL KIOSK (0.15%) 0.09 AC 4,000 S.F.DRIVEWAY APRONS IN THE ROW (0.15%) 0.09 AC (SEE REPORT FROM SOIL SERVICES) * NO RESIDENTIAL LOTS ARE LOCATED IN THE R-80W DISTRICT SETBACKS FOR AN R-80W CLUSTER SUBDIVISION ARE*: AREA IN R-40W DISTRICT: 56.40 AC / 2,457,146.48 S.F. AREA IN R-80W DISTRICT: 4.60 AC / 200,206.53 S.F.5,000 S.F.WELL LOTS (0.23%) 0.14 AC * NO RESIDENTIAL LOTS ARE LOCATED IN THE R-80W DISTRICT A petition is being prepared to relocate the graves located in the smaller cemetery from their current location as shown on the existing conditions sheet, L-1, to a location adjacent to the larger cemetery as shown on proposed Open Space # 2 lot. This petition is subject to a public hearing process by the Wake County Board of Commissioners. If the petition is not approved the subdivision plan will have to be revised. C2 ROY COOPER Governor MICHAEL S. REGAN 5ecretary LINDA CULPEPPER Director William & Matilda Parker PO Box 970 Manteo, NC 27954-0970 Determination Type: NORTH CAROLINA Environmental Quality December 6, 2019 Subject: Surface Water Determination Letter N B RRO# 19-409 Wake County Buffer Call I Isolated or EIP Call ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeral/Intermittent/Perennial Determination ❑ Jordan (15A NCAC 2B .0267) ElIsolated Wetland Determination Project Name: Parker Property Location/Directions: The projected area is off 0 and 12801 Durant Road, in Raleigh, Wake County Subject Stream: UTs to Honeycutt Creek Determination Date: 11/27/2019 Staff: Cheng Zhang Stream E/l/P * Not Subject to Buffers Subject to Buffers Start@ Stop@ Soil Survey USGS To o A P X X X B I X DWR flag X C I X X X airir — cpnemeratirntermtttentirerenniai 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 �- North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 23800 Barrett Drive I Raleigh, North Carolina 27609 determination by the 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 If 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, FedEx, 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 determination, please feel free to contact Cheng Zhang at (919) 7914259 Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources cc: RRO DWR File Copy T'. �r ?,- 'I" - - - 'F 4` , k %4 k � CAI s 14 ., SOIL SERVICES, PLLC PO BOX 91115, RALEIGH, NC 27675 FFICE (9195q-1928 (919) 251-9053 9l �1 1F� .a OILt 'NS" tLm U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00142 County: Wake U.S.G.S. Quad: NC- Bayleaf NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Soil Services PLLC. Sarah Menser Address: PO Box 91115 Raleigh, NC 27617 Size (acres) ~61 Acres Nearest Town Raleigh Nearest Waterway UT to Honeycutt Creek River Basin Neuse USGS HUC 03020201 Coordinates 35.909942; -78.625963 Location description: The project area is on the southside of Durant Road, approximately 0.2 miles west of its intersection of with Honeycutt Road, located at 12801 Durant Road in Raleigh, Wake County, North Carolina. The project area is shown as the red outlined “Review Area” on the attached sketch labeled “Wetland & Stream Buffer Delineation”. Indicate Which of the Following Apply: A.PreliminaryDetermination ܈ 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 delineation map dated 10/18/2019. 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 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2020-00142 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 David E. Bailey at (919) 554-4884 X30 or David.E.Bailey2@usace.army.mil. &Basis For Determination: See the preliminary jurisdictional determinationform dated 04/23/2020. 'Remarks: None. (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: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 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 that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ______________________________________________________ Date of JD: 04/23/2020 Expiration Date of JD: Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Stephanie Goss – NCDEQ – DWR – 3800 Barrett Drive, Raleigh, NC 27609 Date: 2020.04.23 08:09:02 -04'00' NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Soil Services PLLC., Attn: Sarah Menser File Number: SAW-2020-00142 Date: 04/23/2020 Attached is: See Section below ܆ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ܆ PROFFERED PERMIT (Standard Permit or Letter of permission) B ܆ PERMIT DENIAL C ܆ APPROVED JURISDICTIONAL DETERMINATION D ܈ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. x 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. x 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 II 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 x 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. x 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. x 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. x 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. SECTION II - 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 appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. ________________________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, 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: 04/23/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Soil Services PLLC., Sarah Menser, PO Box 91115, Raleigh, NC 27617 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 12801 Durant Road / Raleigh / Wake County, SAW-2020-00142 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is on the southside of Durant Road, approximately 0.2 miles west of its intersection of with Honeycutt Road, located at 12801 Durant Road in Raleigh, Wake County, North Carolina. The project area is shown as the red outlined “Review Area” on the attached sketch labeled “Wetland & Stream Buffer Delineation”. (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: 35.909942 Longitude: -78.625963 Universal Transverse Mercator: NAD83 Name of nearest waterbody: UT to Honeycutt Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ܆Office (Desk) Determination. Date: ܈Field Determination. Date(s): 01/31/2020 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION SiteNumber Latitude (decimal degrees) Longitude (decimal degrees) Estimated amountof aquatic resourcesin reviewarea (acreageand linearfeet,if applicable Typeofaquatic resources(i.e., wetlandvs. nonͲwetland waters) Geographicauthorityto whichtheaquatic resource“maybe” subject(i.e.,Section404 orSection10/404) Wetland135.90939-78.625660.73acresNonͲwetlandSection404 Wetland235.90872-78.62601 1.11acresNonͲwetlandSection404 FeatureB35.91390-78.62537 1693linearfeetNonͲwetlandSection404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "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 are included in the administrative record and are appropriately cited: ܈Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Sarah Menser – Soil Services, PLLC. Map: Exhibits 1 – 3 ܈Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: DP1 & DP2 ܈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: Figure 1 - Bayleaf Quad; 1” = 300’ ܈Natural Resources Conservation Service Soil Survey. Citation: Figure 2 – Wake Co. Soil Survey; 1” = 300’ ܆National wetlands inventory map(s). Cite name: ܆State/local wetland inventory map(s): ܆FEMA/FIRM maps: ܆100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ܈ Photographs: ܈ Aerial (Name & Date): iMAPS Exhibit or ܆ Other (Name & Date): ܆Previous determination(s). File no. and date of response letter: ܈ Other information (please specify): Lidar – QL2 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 staff member completing PJD 04/23/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Date: 2020.04.23 08:08:41 -04'00'                                                                 !$A   *   "" A& ! AA"A$ A"" (A $  " "A"A$ A%A  A $A$ )2/A8/9/662+3A79A26</952<</6<A;<9/+5A5=;<A,/A-760295/.A,?A &AA$ * "" A& " AA"A$ A"A $  ! "A!A$ A  A $A$ )2/A .9+26>+?A79A/81/5/9+4A;<:/+5 A-760295/.A,?A &* "" A$  ! A&"   A&"  )5=;<A,/A-760295/.A,?A<1/A$ *A ! "  (A&"  A ' " $" AA (A A$  A(A A %  A % A"A!A"A (A" A A  A A &A $%( A  ! A  A (A"A " A  "A ' " A&A  A$ A"  A  A  $ "$"AA" A  A A"A A$  A"(A$ "A A %  A# A (A"A$ A (A  AA A  A &A @@ !A A $%(      #"*")* *$*!* * "* *  *)* *  * (%" %$'%&%* REVIEW AREA                        &74#0641#&564''6#Raleigh, North Carolina SHADOW CREEK DEVELOPER/OWNER: CLR REALTY P.O.BOX 2107 CARY, NC 27512 (919) 524-7200 12801 Durant Road VICINITY MAP SCALE: NOT TO SCALE CONSTRUCTION DRAWINGS ESTATES TOTAL AREA SITE DATA ZONING EXISTING USE PIN TOTAL LOTS ALLOWED (R-40W) MIN. LOT SIZE ALLOWED TOTAL LOTS PROPOSED LINEAR FEET IN STREET TOTAL OPEN SPACE REQUIRED (25%) TOTAL OPEN SPACE PROVIDED (26.28%) 61.00 ACRES/2,657,353.01 S.F. R-40W & R-80W* AREA IN R-40W DISTRICT: 56.40 AC / 2,457,146.48 S.F. AREA IN R-80W DISTRICT: 4.60 AC / 200,206.53 S.F. SINGLE FAMILY AND FORESTRY 1718-06-6883 & 1718-07-7469 20,000 S.F. FOR R-40W CLUSTER 56 (1 DU/AC in R-40W) 15.25 ACRES 16.03 ACRES 38 3,955 L.F. LANDSCAPE ARCHITECT: TMTLA Associates 5011 Southpark Drive Suite 200 Durham, NC 2771 (919)484-8880 SITE HONEYCUTT ROADD U R A N T R O A D Feet 0 300 600 IMPACT JUSTIFICATION STATEMENT The purpose of these proposed buffer and stream impacts are to install the infrastructure necessary for the construction of a new residential subdivision in Wake County. Due to the location of the existing stream and the limitations of the entry location to the property off of Durant Road, impact avoidance cannot be achieved but will be minimized to the most practical extent possible. ALL CONSTRUCTION WILL BE IN ACCORDANCE WITH WAKE COUNTY, NCDEQ AND USACOE APPLICABLE STANDARDS AND SPECIFICATIONS  &74#0641#& Feet 0 50 100 SCALE 1"=50' HORIZONTAL 1"=5' VERTICAL WETLANDS WETLANDS POA #1 GCEMETERY TO BE RELOCATED OFFSITE 12 3 4 5 18 19 20 21 22 23 24 25 26 27 28 29 30 1716 15 14 13 12 11 10 9 8 7 6 OPEN SPACE #3 10.85 AC WETLANDS WETLANDS 50' NRB TAKEN FROM TOP OF BANK 11-S 31 GENERAL NOTES February 09, 2021 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2021-SLI-0648 Event Code: 04EN2000-2021-E-01394 Project Name: Parker Property - Shadow Creek Subject:List of threatened and endangered species that may occur in your proposed project location 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 (16 U.S.C. 1531 et seq.). 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 02/09/2021 Event Code: 04EN2000-2021-E-01394   2    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/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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.nmfs.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. 02/09/2021 Event Code: 04EN2000-2021-E-01394   3    ▪ Attachment(s): Official Species List 02/09/2021 Event Code: 04EN2000-2021-E-01394   1    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 02/09/2021 Event Code: 04EN2000-2021-E-01394   2    Project Summary Consultation Code:04EN2000-2021-SLI-0648 Event Code:04EN2000-2021-E-01394 Project Name:Parker Property - Shadow Creek Project Type:DEVELOPMENT Project Description:2 Parcels located at 0 & 12801 Durant Rd, Raleigh totaling approximately 61 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.9114113,-78.62581589895876,14z Counties:Wake County, North Carolina 02/09/2021 Event Code: 04EN2000-2021-E-01394   3    1. Endangered Species Act Species There is a total of 4 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. 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 No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/6772 Proposed Threatened Fishes NAME STATUS Carolina Madtom Noturus furiosus There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/528 Proposed Endangered 1 02/09/2021 Event Code: 04EN2000-2021-E-01394   4    Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. NCHPO HPOWEB Town of Cary, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS Local districts & boundaries Local individual resources & centerpoints Local Landmark Local Landmark, Gone Local HD Center Point Surveyed Only individual resources & centerpoints Surveyed Only Surveyed in NRHD Surveyed Only, Gone Surveyed in NRHD, Gone Blockface- Multiple properties Blockface in NRHD Surveyed Area, No designation Surveyed Area in NHRD DOE districts & boundaries Determined Eligible Boundary Both DOE and Study List Boundary DOE individual resources & centerpoints Determined Eligible DOE, Gone SL and DOE SL and DOE, Gone DOEHD Center Point SLDOEHD Center Point SL districts & boundaries Study List Boundary Both SL and Determined Eligible Boundary 2/9/2021, 2:22:52 PM 0 0.3 0.60.15 mi 0 0.5 10.25 km 1:18,056 North Carolina State Historic Preservation Office National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/9/2021 at 2:08 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 78°37'53"W 35°54'48"N 78°37'16"W 35°54'19"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/9/2021 at 2:07 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 78°37'49"W 35°54'59"N 78°37'12"W 35°54'30"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 DWR Pre-Fil ing Meeting Req u est Form ID#*Ve rsion * Re gional Office * Re v ie we r List * Contact Name * Contact Email Addre ss * Proje ct Name * Proje ct Owne r * Proje ct County * Owne r Addre ss: Is this a transportation proje ct?* Type (s) of approv al sought from the DWR: Doe s this proje ct hav e an e xisting proje ct ID#?* Ple ase list all e xisting proje ct ID's associate d with this proje cts.* Do you know the name of the staff me mbe r you would like to re que st a me e ting with? Ple ase giv e a brie f proje ct de scription be low.* 20210284 1 Raleigh Regional Office - (919) 791-4200 Stephanie Goss Pre-Filing Me eting Reque st submitte d 2/9/2021 Sarah I Menser sarah@soilservices.us Parker Property - Shadow Creek William and Matlida Parker Wake City Manteo State / Province / Region NC Postal / Zip Code 27954-0970 Country Dare Street Address PO Box 970 Address Line 2 Yes No 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Yes No NBRRO#19-409, SAW-202-00142 Stephanie Goss Residential subdivision road crossing for subdivision entrance off of Durant Rd Please give a couple of dates you are available for a meeting. Ple ase attach the docume ntation you would like to hav e the me e ting about. Signature Submittal Date 2/9/2021 DWR Letter - Parker Property.pdf 3.67MB SAW-2020-00142 - Preliminary Jurisdictional Determination Tearsheet_SIGNED.pdf 1.92MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: · This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. · I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing meeting request. · I also understand that DWR is not required to respond or grant the meeting request. Your project’s thirty-day clock started upon receipt of this application.  You will receive notification regarding meeting location and time if a meeting is necessary.  You will receive notification when the thirty-day clock has expired, and you can submit an application. 2/9/2021