HomeMy WebLinkAbout20151256 Ver 4_IPamendmentApplicationAllUpdate2020-03-03_20210303
Environmental Planning Environmental Permitting Environmental Consulting Environmental Construction Management Expert Testimony
4338 Bland Road Raleigh, N.C. 27609 phone 919-875-4288 fax 919-875-4287
TOLL FREE 1-866-SPANGLER www.spanglerenvironmental.com
3 March 2021
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: Permit Amendment: USACE 2014-02127 & DWR 15-1256
Ms. Dailey:
Attached please find the revised permit amendment application, including the updated site and grading plans,
for the above-referenced USACE/DWR permits. As Sherrie Chaffin advised in her 24 February email message,
because of circumstances beyond her control the proposed building footprint and supporting parking/docking
area designs have been changed. As she also conveyed, this has resulted in no changes to unavoidable stream,
wetland and buffer impact amounts, locations nor extents.
While the design has been updated, it is still contained within the same Wake County parcel, which is
immediately adjacent to and will be integrated with the project’s previously permitted Phase 1. As also
documented in the attached, the proposed project site is located on the only available property immediately
adjacent to Phase 1, which is currently under construction. Additionally, as detailed in the attached alternatives
analysis, the updated design still avoids and minimizes impacts to Waters of the United States and Neuse
Riparian Buffers to the maximum extent practicable, in spite of the changes.
Please review the attached permit amendment request and advise if you have questions or require additional
information.
Sincerely,
Spangler Environmental, Inc.
Ward Marotti
Director – Land and Water Resources
cc: NCDWR
Sherrie Chaffin, Trinity Capital Advisors
February 9, 2021
Rick Trone
401/Buffer Coordinator
NC Division of Water Resources
217 West Jones Street
Raleigh, NC 27603
Re: 401 Water Quality Certification Request: DWR 15-1256
Mr. Trone:
Pursuant to the Clean Water Act Section 401 Certification Rule's Section 121.5(b), please be advised 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.
Should you have questions, or require further clarification, please call myself, or my Authorized Agent (Spangler
Environmental, Inc.).
Sincerely,
Sherrie Chaffin
Director of Development
Trinity Capital Advisors
DocuSign Envelope ID: B2162AC5-A2B3-4D2C-9D75-24931B70E69D
U _ . Arny Corps of En giln r (U A P
Farr Approved -
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB o- 071OL0003
33 CFR 325. The proponent agency is E - O-R,
dim: 01-08- 018
Thee public reporting burden for this collection af information, 0 MB Control Numbw 0710-000 . is estim tad to alvarage I hours per responsa, including t h a time
for reviewing instructions, searching existing data sources. gathering and maintail rning the data needed, and coupl efilng and rev! e ing the coil ection. of
i nfotm ation , Sen d comm eats regards n g th a bu rd an a sti m ate or bu rden re du ct i on s L gg est il on s t o the De p artment of Defense , Wash i n g t on Heed qu a rters Servi ce s ,
at wh5. 1 d- dod A nform aticn-colI ecti a n sQ ma II.misc Respondents shou Id be a,wa re the at notwithstandiing arty other p rovi s) oo of I aw, no person shall
be subject to any penatt} for failing to comply with a cotlection or information if it does not display a currently valid OMB control number. PLEASE DO NOT
RETURN YOUR APPLICATION TO THE ABOVE EMAIL.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403. Clean Water Act, Section 4041 33 USC 1344, Madne Protection, Research, and Sanctuaries Act,
Section 103, 33 USC, 1413, Regulatory Programs of the Corps of Engineers, Final Rule 33 CFR 0-332. Princrpai Purpose: Information provided on this form
will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of ,Justice and other federal, state, and
local govern me rat agencies, and the public and may be made available as part of a p ubtc notice as required by Federal law. Submission of requested irtiformabon
is voluntary. y. however, if in formation is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good
reproducible copies which shave th a kocatior and character of the proposes! activity must be attacked to this appEicEd! on (see sarnple drawings and/or 'Ms#ruchons)
and be submitted to the District Engineer having jurisdiction over the lwation of the proposed activity- An application that is not completed in full will be return-ed_
ystern of Record Notice (. 0R N ). The information received is entered into our permit tracking database and a SORN has been completed (SOR N #A1145b)
and may be accessed at the folIcwing website: h tty : //dpc I d. d efen se. gov/Pr i va cy/SO R Nsl n dexAD 0D-wide-SORN-Ar#icle- ew/ArticIe 70 11 5/a 11 45b-ce . a spx
(ITEMS I THRU 4 TO BE TILLED BY THE CORPS)
1. APPLICATION NO,
2. FIELD OFFICE CODE 3. CRATE RECEIVED
4_ DATE APPLICATION COMPLETE
OTEMS BEL0 IN TO BE FILLED B Y APPLfCA T)
5_ APPLICANT' NAME
8_ AUTHORIZED AGEN7S NAME AND TITLE (agent is not required)
First - Sherrie diddle - Last - Chaff
First - Ward Middle - Last - Marottl
Company - Trinity Capitaill A dv i ors
Corn pan y - Spangl er Error ironm en t a 1, Inc, - Vice Pri�.si dent
E- m:a 11 Add ress { tsar nit ` 1pi 1 Ls ors _ OM
E-m a i i Add re ss - F a�rd� l rlerenv iro e-wal, co
6. APPLICANT'S ADDRESS'
9. AGENT'S ADDRESS,
Add r e s s- 440 S. Church St., Suite 800
Address- 4338 Bland Read
CSA ity - Charl Otte Mate - N (' Zip - 28202 Country -17
it t - Raleigh State - ](. Zip - 7609 you nfty - U
17. APPLI AN7 PHONE NOs_ w1AF EA CODE
10. AGENTS T PHONE N s. w1AREA CODE
a,. Residence b. Business c. Fax
a. Residence b. Business c. Fax
BTAT I ENT OF AUTHDRiZATION
11 1 hereby authorize. WaFd lalratti to act in my behalf as nny agent an the processing of this application and to furnish, upon request,
supplementaI information in support of this perrnit apphitcation.
3
( 7
NATURE OF APPLICANT
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACInVITY
12. PROJECT NAME OR TITLE (see instructions)
I to dg e boa d 13-usine &s Park / Eastgate 5 44)
13. NAME OF 1 ATER80DY, IF KNOWN (if applicabile)
14_ PROJECT STREET ADDRESS (if applicable)
Umam ed Tributary U) Ne use Riv er
Address 210 Mxlge R d_ & 0 F.11 en Dr
15. LOCATION OF PROJECT
Latitud e: n ���. �b 143 Longitude: -1 -78_5 1 4 71
City - 1 n-ale State- NC Zip- 27545
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN N (see instr-uictions)
StateTax Parcel ID I fLdtipl e see aL auhc table) Municipality Krni hdal e,
eion - Township - Range -
ENG FORM M 4345, MAY 2018 PREMOUS EDITIONS ARE OBSOLETE- Page 3 of 1
17. DIRECTIONS TO THE SITE
From I-87, take exit 6 for Hodge Rd. south towards Ellen Dr. After 0.2 miles, turn left onto Ellen Drive.
18. Nature of Activity (Description of project, include all features)
The existing USACE/DWR permits (2014-02127 and 15-1256, respectively) authorize 1.193 acres of unavoidable wetland impacts and 2,119
SF of Zone 1 and 2,590 SF of Zone 2 Neuse Riparian buffers resulting from the construction six warehouse -style buildings, semi -truck
roadway, parking and loading infrastructure and required stormwater and utility services (Phase 1). The second phase of this construction
project, proposed herein, would add an additional warehouse -style building and the same types of supporting infrastructure. Phase 2, as
proposed, will result in additional permanent impacts to Waters of the United States, including: 0.959 acre of wetlands and 23 LF of stream,
as well as permanent impacts to 3,067 SF of Zone 1 and 3,905 SF of Zone 2 Neuse Riparian Buffers.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The purpose of the project is to construct an industrial business park/regional package transfer station, known as Eastgate 540, which has the
potential to serve multiple end users. Phase 2 is proposed to add additional capacity to the Phase 1 project to satisfy market demand.
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
The proposed industrial business park/regional package transfer station construction activities involve unavoidable impacts to jurisdictional
wetlands that are subject to Section 404 regulations under the Clean Water Act (CWA). This IP amendment is an extension of the adjacent
Hodge Road Business Park and therefore the location of this project cannot be altered if it is to tie into the overall development. No other
adjacent parcels were available. The subject parcel is only slightly larger in size than the required minimum size of the proposed building and
supporting infrastructure, which limits the ability to design around jurisdictional features. As documented in the attached alternatives analysis,
the original design was modified to avoid and minimize unavoidable impacts to Waters of the United States and Neuse Riparian Buffers, to
the maximum extent practicable.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
(See attached table of impacts)
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres Phase 2 (proposed): 0.959 acre of permanent wetland impacts (Total: 2.617 acres permanent wetland impacts)
or
Linear Feet Phase 2 (proposed): 23 LF of permanent stream impacts (Total: 23 LF of permanent stream impacts)
23. Description of Avoidance, Minimization, and Compensation (see instructions)
As detailed in the attached plans and alternatives analysis, the selected alternative has modified proposed grading, added retaining walls, and
reduced the location and size/amount of supporting infrastructure to minimize impacts to the maximum extent practicable. Similarly,
stormwater control measures have been designed to entirely avoid impacting jurisdictional waters.
ENG FORM 4345, MAY 2018 Page 3 of 2
4. 1 s Any Portion of the Work Already Corn plete? x Ye s 1-1 No IF YES. DESCRIBE IEE THE COMPLETED WORK
Phase ] j s currently under u on.s trucil on, in accordance w 1 th the permItted p]Rns and specifications. No p( rtann of the proposed Phase
o tru tion has been 1-m-tiated,
25. A,ddr'esses of Adjoining Property Own ers, LessJees, Etc„ Whose Property} Adj oins th a Waterbody (if more Chian gar bo gntered riere. pie 3se aftach a iuWewnta! list.
a- Address- See attached table for properties adjo inm.0 the new parcel)
city - State - Zip -
b. Address -
city - State - zip t
c. Address, -
City - State - zip -
d. dress -
City - State - Zip -
e. Address -
City - State - Z i p -
26. List of Other ertifiaate,s or ApprovaWDenials received kcm other Federal, Mate. or Local Agencies for Work Described in This Application.
AGENCY
NC_DEQ-D1VR
UISACE
IP
TYPE APPROVAL*
IDENTIFI AT[ON
NUMBER
MkRg 15=1-215
201 021127
* Woulld Include but is nat re sthcted to zoning, building. and flood plain hermits
UATEAPPLIED DATE APPROVED DATE DEFIED
12.312 15 11 17/2015
12n12015
1121
7. APPlication is hereby made for permit or permits to authorize the work described in this appli ca iicn. I certify that this information in this application is
complete and accurate. I further certify that I posses s the authority to undertake the work described h ein or am acting as the duty authorized agent of the
applicant.
3e0 1
UWE OF APPLICANT
DAE_
E OF AGENT DATE
The Application mint be signed by the person vrho desires to undertake the proposed activky (applicant) or it may be signed by a duly
authorized argent if the statement in blob 11 has been filled out and signed.
18 U.S.C_ Section 1001 provides that, Whoever, in any manner wthin the luri diction of any department or agency of the United States
n owl ngly a nd vA I Ifu lly falsifies, co noeal «� or covers up a ny trier, scheme, or disg u ises a material fact or makes any fa I se, f ictitious or fra ud uIent
statements or rep rerotations or makes or uses any false vvritfng or document knoyAng same to contain any false, fictitious or fraudulent
statements or entry, shall be fired not more than S10,000 or impri ned not more than five gears or both.
ENO FORM 4345, MAY 018 Page 3 of 3
Alternative #3
(Selected Alternative)
FUTURE POND #3LOT 720.234 AC.BUILDING #7(204,000 SF)850 X 240'PROPOSEDBASIN #5128 AUTO SPACES54 DOCK SPACESI-87/US 64E EXPRESSWAY (R/W VARIES)ELLEN DRIVE (SR 2602)(60' PUBLIC R/W) BM 1960, PG 286SPECTRUM DRIVE(64' WIDTH PUBLIC R/W)FUTURE BUILDING #4PROPOSEDBASIN #449 AUTO SPACESELLEN DRIVE (SR 2602)(60' PUBLIC R/W) BM 1960, PG 286SITE PLANC.3.1LEGENDSTREAM, BUFFER, AND WETLAND IMPACTSSITE DATA TABLETOWN OF KNIGHTDALE WATER ALLOCATION POLICYGENERAL NOTESSEAL028924PR
O
F
ESSIONALNO
R
T
HCAROLINAENGINEE
RCAMERONM.
R
ICE
HODGE ROAD BUSINESS PARK
MASTER PLAN SUBMITTAL
TRINITY CAPITAL ADVISORS, LLCChecked By:Project Number:Drawing Number:Scale:Drawn By:Date:ADVANCED
C I V I L D E S I G N
E N G I N E E R S S U R V YE O R SPRELIMINARYPARKING CALCULATIONS
POND #3LOT 720.21 AC.BUILDING #7(204,000 SF)PROPOSEDBASIN #5I-87/US 64E EXPRESSWAY (R/W VARIES)ELLEN DRIVE (SR 2602)(60' PUBLIC R/W) BM 1960, PG 286SPECTRUM DRIVE(64' WIDTH PUBLIC R/W)FUTURE BUILDING #4PROPOSEDBASIN #4ELLEN DRIVE (SR 2602)(60' PUBLIC R/W) BM 1960, PG 286FFE= 277.30GRADING AND DRAINAGE PLANC.5.0STREAM, BUFFER, AND WETLAND IMPACTSSEAL028924PR
O
F
ESSIONALNO
R
T
HCAROLINAENGINEE
RCAMERONM.
R
ICE
HODGE ROAD BUSINESS PARK
MASTER PLAN SUBMITTAL
TRINITY CAPITAL ADVISORS, LLCChecked By:Project Number:Drawing Number:Scale:Drawn By:Date:ADVANCED
C I V I L D E S I G N
E N G I N E E R S S U R V YE O R SPRELIMINARYLEGENDFLOOD NOTEGENERAL NOTES
Hodge Road Business Park
Ellen Drive
Knightdale, Wake Co.
December 2020
Stream & Wetland Map:
Full Site
Map source:
Wake County GIS4338 Bland Road, Raleigh, North Carolina 27609
919-875-4288
Legend
Full Property Boundary
Linear Wetland
Streams
Wetlands
«0 325 650 975 1,300162.5
Feet
Eastgate
Ellen Drive
Knightdale, Wake Co.
December 2020
Stream & Wetland Map:
New Parcels
Map source:
Wake County GIS4338 Bland Road, Raleigh, North Carolina 27609
919-875-4288
Legend
Approximate Property Boundary
Stream (Intermittent)
Wetland
Zone 1 Buffer
Zone 2 Buffer
«0 120 240 360 48060
Feet
*All locations are approximate and
have not been surveyed.
Ellen Dri
v
e
I-87
Wetland Impact Number Permanent or
Temporary Impact Map Sheet #Type of Impact Type of Jurisdiction Area of Impact
(acres)
Wetland C2 Permanent C.3.0 Fill Corps 0.002
Wetland C3 Permanent C.3.0 Fill Corps 0.326
Wetland D1 Permanent C.3.0 Fill Corps 0.008
Wetland D2 Permanent C.3.0 Fill Corps 0.039
Wetland D3 Permanent C.3.0 Fill Corps 0.002
Wetland D4 Permanent C.3.0 Fill Corps 1.104
Wetland D5 Permanent C.3.0 Fill Corps 0.01
Wetland E Permanent C.3.0 Fill Corps 0.008
Wetland F Permanent C.3.0 Fill Corps 0.162
Wetland G Permanent C-3C Fill Corps 0.959
2.617
Stream Impact Number Permanenet or
Temporaray Impact Map Sheet #Type of Impact Stream Name Perennial or
Intermittant Type of Jurisdiction Impact Length (LF)
S1 Permanent C-3C Fill UT to Neuse River Int Corps 23
S2 Temporary C-3C Retaining wall construction UT to Neuse River Int Corps 21
44
23
Buffer Impact Number Permanent or
Temporary
Notation on Impact
Maps Reason for Impact Stream Name
Buffer
mitigation
required?
Zone 1 Impact (sq ft)Zone 2 impact (sq ft)
Buffer Impact 1 Permanent C.3.0
Fill (Bring project site to
grade)UT to Neuse River N 128 1,215
Buffer Impact 2 Permanent C-3C Fill UT to Neuse River Y 3,067 3,905
Buffer Impact 3 Temporary C-3C Retaining wall construction UT to Neuse River N 930 456
4,125 5,576
3,195 5,120
Total Wetland Impacts
Previously Permitted
Newly Proposed Impacts
Total buffer impacts:
Total Permanent Buffer Impacts:
Total stream and tributary impacts:
Total Permanent Stream and Tributary Impacts:
Hodge Road Business Park
Ellen Drive
Knightdale, Wake Co.
December 2020
Impact Tables
Map source:
Wake County GIS4338 Bland Road, Raleigh, North Carolina 27609
919-875-4288
Restoration Systems, LLC
1101 Haynes St. Suite 211
Raleigh, North Carolina
Ph: (919) 755-9490
Fx: (919) 755-9492
Statement of Mitigation Credit Availability
Pancho Mitigation Bank January 19, 2021
Army Corps of Engineers Ms. Samantha Dailey
Re: Availability of Compensatory Wetland Credits
Project: Eastgate 540 This document confirms that 2.816 Wetland Credits (Credits) from the Pancho Mitigation Bank (Bank) are currently available and all or a portion may be used, once transferred, for compensatory mitigation relative to the Eastgate 540 project, and as proposed by Sherrie Chaffin (Applicant). The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits at that time, we will complete and execute the Mitigation Credit Transfer Certificate (Certificate) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Certificate to the Applicant, the Division of Water Resources (DWR) and, if needed, other regulatory agencies. In addition, we will provide DWR with an updated copy of the Bank’s Ledger, reflecting the transaction. Transaction information in the updated Bank Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9123. Sincerely, Tiffani Bylow Restoration Systems, LLC
Appendix A
Site Plan Alternatives for New Parcels
Environmental Planning Environmental Permitting Environmental Consulting Environmental Construction Management Expert Testimony
4338 Bland Road Raleigh, N.C. 27609 phone 919-875-4288 fax 919-875-4287-8351
1-866-SPANGLER www.spanglerenvironmental.com
3 March 2021
RE: Eastgate 540 IP Amendment (USACE #2014-02127 and DWR#15-1256) – Alternatives Analysis
To whom it may concern:
Three design alternatives were considered in an effort to avoid and minimize impacts to Waters of the United
States (WOTUS) and Neuse Riparian Buffers to the maximum extent practicable. The selected alternative
(Alternative # 3) is shown on pages 1 and 2 of this attachment package and alternatives 1 and 2 (not selected) are
shown in Appendix A.
As detailed in the attached permit application and Appendix A, the selected alternative will result in the least
WOTUS and Neuse Buffer impacts, while still providing the minimum amount of project area (building, loading
and parking space) to make the project viable (financially and functionally). As shown in these plans, each
alternative evaluated includes the following:
Alternative #3 (Preferred): This alternative would include 41,765 SF (0.959 acre) of permanent wetland impacts,
23 LF of permanent and 21 LF of temporary stream impacts, 3,067 SF of permanent and 930 SF of temporary Zone
1 impacts and 3,905 SF of permanent and 456 SF of temporary Zone 2 riparian buffer impacts. This option includes
204,000 SF of building space, 171 automobile parking spaces, 0 flex spaces, 54 dock spaces and 0 trailer spaces.
The preferred alternative also includes two wet ponds to provide the necessary water quality treatment for the site.
Alternative # 1: This alternative would include approximately 41,765 SF (0.959 acre) of permanent wetland
impacts, 373 LF of permanent stream impacts, 20,667 SF of permanent Zone 1 impacts and 17,392 SF of permanent
Zone 2 riparian buffer impacts. This option includes 159,600 SF of building space, 218 automobile parking spaces,
79 flex spaces, 44 dock spaces and 39 trailer spaces. Alternative #1 also includes a single, large wet pond to provide
the necessary water quality treatment for the site.
Alternative # 2: This alternative would include approximately 41,765 SF (0.959 acre) of permanent wetland
impacts, 360 LF of permanent stream impacts, 20,523 SF of permanent Zone 1 impacts and 15,035 SF of permanent
Zone 2 riparian buffer impacts. This option includes 159,600 SF of building space, 164 automobile parking spaces,
79 flex spaces, 44 dock spaces and 39 trailer spaces. Alternative #2 also includes a single, large wet pond to provide
the necessary water quality treatment for the site.
As detailed above, Alternative #3 (selected alternative) would result in the same amount of wetland impacts as
Alternatives #1 and #2. It would, however, significantly reduce permanent stream impacts (350 LF less than
Alternative #1 and 337 LF less than Alternative #2), as well as permanent riparian buffer impacts (34,062 SF less
than Alternative #1 and 31,561 SF less than Alternative #2). In spite of the reduction of parking and trailer spaces,
as well as the additional grading and resultant cost required to construct an additional stormwater control measure,
the selected alternative was determined to provide the minimum necessary to make the project feasible. For these
reasons, Alternative #3 was determined to be the selected alternative.
Alternative #1
FUTURE POND #3LOT 720.21 AC.BUILDING #7(159,600 SF)665 X 240'PROPOSEDWET POND218 AUTO SPACES39 TRAILER SPACES44 DOCK SPACESI-87/US 64E EXPRESSWAY (R/W VARIES)ELLEN DRIVE (SR 2602)(60' PUBLIC R/W) BM 1960, PG 286SPECTRUM DRIVE(64' WIDTH PUBLIC R/W)FUTURE BUILDING #479 FLEX SP
A
C
E
S
ALTERNATIVE #1C-3DLEGENDSEAL028924PR
O
F
ESSIONALNO
R
T
HCAROLINAENGINEE
RCAMERONM.
RICE
EASTGATE 540
SKETCH PLAN
TRINITY CAPITAL ADVISORS, LLCChecked By:Project Number:Drawing Number:Scale:Drawn By:Date:ADVANCED
C I V I L D E S I G N
E N G I N E E R S S U R V YE O R SPRELIM
INARYSITE DATA TABLETOWN OF KNIGHTDALE WATER ALLOCATION POLICYGENERAL NOTESSTREAM, BUFFER, AND WETLAND IMPACTS
Alternative #2
FUTURE POND #3LOT 720.21 AC.BUILDING #7(159,600 SF)665 X 240'PROPOSEDWET POND116 AUTO SPACES39 TRAILER SPACES44 DOCK SPACESI-87/US 64E EXPRESSWAY (R/W VARIES)ELLEN DRIVE (SR 2602)(60' PUBLIC R/W) BM 1960, PG 286SPECTRUM DRIVE(64' WIDTH PUBLIC R/W)FUTURE BUILDING #479 FLEX SP
A
C
E
S
48 AUTO SPACES
SKETCH PLANC-3DLEGENDPARKING CALCULATIONSSEAL028924PR
O
F
ESSIONALNO
R
T
HCAROLINAENGINEE
RCAMERONM.
RICE
EASTGATE 540
SKETCH PLAN
TRINITY CAPITAL ADVISORS, LLCChecked By:Project Number:Drawing Number:Scale:Drawn By:Date:ADVANCED
C I V I L D E S I G N
E N G I N E E R S S U R V YE O R SPRELIM
INARYSITE DATA TABLETOWN OF KNIGHTDALE WATER ALLOCATION POLICYGENERAL NOTES
Appendix B
Buffer Determination & JD Concurrence
for New Parcels
1
From:Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil>
Sent:Friday, December 11, 2020 1:14 PM
To:Maria Polizzi
Subject:SAW-2020-01996 Eastgate JD Concurrence
Good afternoon Maria,
Reference is made to ORM ID SAW-2020-01966, please reference this number on any correspondence regarding this
action.
On December 3, 2020, we met along Ellen Drive, in Knightdale, Wake County, North Carolina to review the boundaries of
the aquatic resources delineation you submitted on November 6, 2020 in conjunction with the Eastgate Project.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown on the delineation map (or survey), labeled Stream and Wetland Map
and dated December 2020.
Regulatory Guidance Letter (RGL) 16-01
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/1256 provides guidance for Jurisdictional
Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been
requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit
evaluation process, including determining compensatory mitigation. "This verification does not address nor include any
consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation
verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory
Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable
action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Appr oved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional
documentation.
The delineation included herein has been conducted to identify the location and extent of the aquatic resource
boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular
site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food
Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service
center, prior to starting work.
As discussed during our on-site field verification, the limits verified in this email are approximate, and have not been
surveyed to-date. Further, any impacts associated with this project would likely be cumulatively to the adjacent (Hodge
Road) individual permit (SAW-2014-02127). The stream reach through the project is incised and has eroding banks;
provided the NC SAM form demonstrates a lower quality system, I would entertain a 1:1 mitigation to impact ratio for
this reach.
Please let me know if you have any questions.
December 16, 2020
Sherrie Chaffin with Trinity Capital Advisors
440 South Church St. Suite #800
928 Harvest Rd.
Charlotte, NC 28202
Subject: Surface Water Determination Letter
NBRRO#20-356
Wake County
Determination Type:
Buffer Call Isolated or EIP Call
Neuse (15A NCAC 2B .0233)
Tar-Pamlico (15A NCAC 2B .0259)
Jordan (15A NCAC 2B .0267)
Ephemeral/Intermittent/Perennial Determination
Isolated Wetland Determination
Project Name: Eastgate
Location/Directions: The projected area is at 0 Ellen Dr., in Knightdale, Wake County
Subject Stream: UT to Mingo Creek
Determination Date: 12/04/2020 Staff: Cheng Zhang
Stream E/I/P
*
Not Subject
to Buffers
Subject to
Buffers
Start@ Stop@ Soil
Survey
USGS
Topo
A I X DWR flag X
*E/I/P = Ephemeral/Intermittent/Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the
most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked “Not Subject” has been
determined not to be a stream or is not present on the property. Features that are checked “Subject” have been located on
the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property
that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps
of Engineers and/or to the Division of Water Resources (DWR).
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWR or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affecte d
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 Paul Wojoski DWR – 401 &
Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx,
etc.) Paul Wojoski 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) 791 -4259.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources
cc: RRO DWR File Copy
RRO Project # 20-356 Eastgate, CZ 12/4/2020
A: subject
A (not depicted): subject
RRO Project # 20-356 Eastgate, CZ 12/4/2020
Appendix C
Adjacent Property Owner Information
for New Parcels
PIN Owner(s)Address Deed Book Deed Page
1743347185 TART, DEBORAH JANE TART, MELTON E JR 4325 OLD FAISON RD KNIGHTDALE, NC 27545
1743441236 LILES, JOYCE C 4040 CLIFTON RD KNIGHTDALE, NC 27545 13-E 2017
1743444263 LILES, JOYCE C 4041 CLIFTON RD KNIGHTDALE, NC 27545 13-E 2017
1743446261 RICHARDSON, JAMES EARL RICHARDSON, GRAHAM
EDWARD 5829 COFFET ST RALEIGH, NC 27604 15855 1065
PIN Owner(s)Address Deed Book Deed Page
1743344527 KEITH, DEBORA T KEITH, MILTON E PO BOX 1358 KNIGHTDALE, NC 27545 000494 00-E-
1743343369 WILSON, ELIZABETH MARTIN 8420 POOLE RD KNIGHTDALE, NC 27545 016818 00079
1743335891 MYRICK, BILLY S 3120 HODGE RD KNIGHTDALE, NC 27545 015662 01097
1743553294 NC DEPARTMENT OF TRANSPORATION 815 STADIUM DR DURHAM, NC 27704 009494 02491
Property Owner Info - Eastgate
Adjacent Property Owners
Appendix D
NCNHP Report
NCNHDE-13766
January 20, 2021
Maria Polizzi
Spangler Environmental Inc.
4338 Bland Rd
Raleigh, NC 27609
RE: Eastgate 540
Dear Maria Polizzi:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally-
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Eastgate 540
January 20, 2021
NCNHDE-13766
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Amphibian 8259 Necturus lewisi Neuse River Waterdog 1987-01-13 H 3-Medium Proposed
Threatened
Special
Concern
G2 S2
Crustacean 29723 Orconectes
carolinensis
North Carolina Spiny
Crayfish
2019-03-11 E 3-Medium --- Special
Concern
G3 S3
Dragonfly or
Damselfly
32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very
Low
--- Significantly
Rare
G5 S2?
Freshwater
Bivalve
7699 Alasmidonta
heterodon
Dwarf Wedgemussel 1951 H 3-Medium Endangered Endangered G1G2 S1
Freshwater
Bivalve
25712 Alasmidonta undulata Triangle Floater 2018-06-29 E 3-Medium --- Threatened G4 S3
Freshwater
Bivalve
7828 Elliptio roanokensis Roanoke Slabshell 2016-12-23 E 3-Medium --- Special
Concern
G3 S3
Freshwater
Bivalve
19137 Lampsilis radiata Eastern Lampmussel 2018-06-29 E 3-Medium --- Threatened G5 S3
Freshwater
Bivalve
28706 Lasmigona subviridis Green Floater 2018-05-11 E 3-Medium --- Endangered G3 S2
Natural
Community
29776 Piedmont Bottomland
Forest (Typic Low
Subtype)
---2002-05-29 BC 3-Medium ------ G2? S2
Natural
Community
29775 Piedmont Levee Forest
(Typic Subtype)
---2002-05-29 BC 3-Medium ------ G3G4 S3S4
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Neuse River (Clayton) Forests R2 (Very High)C4 (Moderate)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
City of Raleigh Greenway - Neuse River Greenway City of Raleigh Local Government
NC Department of Transportation Mitigation Site NC Department of Transportation State
Town of Knightdale Greenway - Mingo Creek
Greenway
Town of Knightdale Local Government
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Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
City of Raleigh Open Space - Poole Road Canoe
Access Area
City of Raleigh Local Government
Town of Knightdale Open Space Town of Knightdale Local Government
Wake County Easement Wake County Local Government
Town of Knightdale Open Space Town of Knightdale Local Government
City of Raleigh Greenway - Neuse River Greenway City of Raleigh Local Government
Town of Knightdale Open Space Town of Knightdale Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on January 20, 2021; source: NCNHP, Q3 October 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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