Loading...
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 Page 2 of 4 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. Page 3 of 4 Powered by TCPDF (www.tcpdf.org) Page 4 of 4