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HomeMy WebLinkAbout20071503 Ver 4_401 Application_20121112D-3 0� coEngin I eering A division of The John R. McAdams Company, Inc. LETTER OF TRANSMITTAL To: Ms. Karen Higgins NC Division of Water Quality Wetlands & Stormwater Branch 1650 Mail Service Center Raleigh, North Carolina 27699, Re: GC 3890 / IWGP 100000 Date: November 2, 2012 REGULAR MAIL Job No.: KRG -12000 Parkside Town Commons \ EXP 07 -1503 / EXP 07 -1503 v2) AAED I am sending you the following item(s): Y COPIES DATE NO. DESCRIPTION 1 CD with files of submittal 1 check for $570.00 5 letters, agent authorization forms, submittal checklists 5 PCN Forms, maps 2 Coutesy Copies of SW Management Plan These are transmitted as checked below: ❑ As requested ❑ For your use ® For approval ❑ ® For review and comment ❑ Remarks: Project ted with re- authoirzation of previous permits. A pre - application meeting was held most recently on h Mr. Ian McMillan and Ms. Periann Russell of DWQ. Copy to: NOV p Signed: Kevin Yates Senior Envir FOR INTERNAL USE ONLY ® Copy Letter of Transmittal Only to File ❑ Copy Entire Document to File 2905 Meridian Parkway, Durham, North Carolina 27713 Scientist o�oF w A rFROc ' jrw Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 17 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 39 / GC 3890 or General Permit (GP) number: 100000 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Parkside Town Commons 2b. County: Wake Cary 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: KRG /PRISA II Parkside, LLC 3b. Deed Book and Page No. DB: 12336 Page: 1739 / DB: 12360 Page: 2055 / DB: 12716 Page: 2269 3c. Responsible Party (for LLC if applicable): David George, PE Kite Realty Group 3d. Street address: 30 S. Meridian Street 3e. City, state, zip: Indianapolis, IN 46204 3f. Telephone no.: (317) 577 -5600 3g. Fax no.: (317) 577 -7879 3h. Email address: dgeorge @kiterealtygroup.com Page 1 of 17 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Kevin Yates 5b. Business name (if applicable): EcoEngineering - A division of The John R. McAdams Company, Inc. 5c. Street address: P.O. Box 14005 5d. City, state, zip: Research Triangle Park, NC 27709 5e. Telephone no.: 919- 361 -5000 5f. Fax no.: 919 - 361 -2269 5g. Email address: yates@ecoengr.com Page 2 of 17 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): (PIN #s: 0736327647, 0736233947, 0736233114, and 0736147497) 1 b. Site coordinates (in decimal degrees): Latitude: 35.7462785 N Longitude: - 78.8897036 W (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: 123.36 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Kit Creek 2b. Water Quality Classification of nearest receiving water: WS-IV; NSW 2c. River basin: Cape Fear 03030002 Page 3 of 17 PCN Form —Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this The subject property is a 123.36 acre assemblage of land (PIN #s 0736327647, 0736233947, 0736233114, and 0736147497) located at 5020 NC 55 Highway adjacent to the east of the intersection of NC 55 Highway and O'Kelly Chapel Road in Cary, North Carolina. The majority of the subject property is forested with limited cleared areas. The subject property also contains remnants of residential structures and a concrete footprint pad associated with the former location of a Wake County Emergency Management System broadcast tower and equipment building. The site is otherwise undeveloped with the central portion of the property having been clear -cut or select -cut for loblolly pin and hardwood species at least twice within the past 40 years by previous land owners. The south - central portion was most recently timbered in early 2003. The property is located within the Triassic Basin, a unique geologic area of the eastern Piedmont Region of North Carolina. The Soil Survey of Wake County, North Carolina (Soil Conservation Service, 1970) lists the soils within the subject property area as Creedmoor sandy loam, White Store sandy loam, gullied land (Figure 2). The proposed project drains to Kit Creek, a tributary of the Cape Fear River Basin and a designated WS- IVNSW, and subject to the Jordan Lake Watershed Rules and Town of Cary Urban Transition Buffer (UTB) Rules. Most recently, EcoEngineering conducted a stream and wetland delineation for possible jurisdictional wetlands, streams, and associated buffers located on the subject property, during the month of May, 2012. The determination consisted of a review of natural resource information sources and an on -site inspection of the subject property. The objective of the on -site inspection was to delineate jurisdictional "waters of the U.S." as defined by the U.S. Army Corps of Engineers (USACE), "waters of the state" as defined by the North Carolina Department of Environment and Natural Resources — Division of Water Quality (DWQ), and identify waters subject to the Town of Cary Urban Transition Buffer (UTB) Rules. Based upon on an on -site concurrence meeting conducted with Mr. George Buchholz of EcoEngineering and USACE representative James Lastinger, and DWQ representative, Mr. Ian McMillan, conducted on September 6, 2012, there was a significant reduction of the extent of jurisdictional waters of the US and isolated waters of the State, relative to the most recent Jurisdictional Determination conducted in 2005. Per the most recent 2012 concurrence meeting and official JD maps, the subject property now contains 0.05 acre of jurisdictional (404/401) riparian wetlands, and 240 linear feet of jurisdictional (404/401) intermittent stream features within the subject property regulated by both the US Army Corps of Engineers (USACE - 404) and NC Division of Water Quality (DWQ -401). The subject property contains 0.08 acre of isolated wetlands and 847 linear feet of isolated intermittent stream features. Since these waters were deemed isolated they are regulated only by DWQ (Figure 3 /Figure 3 w. Aerial). Land use within the vicinity of the project is a mix of multi - family, single - family residential, office, and forested areas, with the CSX railroad running parallel to the eastern property boundary. Research Triangle Park is just east of the proposed project. Page 4 of 17 PCN Form — Version 1.3 December 10, 2008 Version 3b. List the total estimated acreage of all existing wetlands on the property: 404/401 Wetlands: 0.05 acres / Isolated Wetlands: 0.08 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2401f of jurisdictional (404/401) intermittent stream 8471f of isolated intermittent stream channel 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide a consolidated mixed -use residential, retail, commercial, and office development to serve the Research Triangle Park region of western Wake and southern Durham counties. Page 5 of 17 PCN Form —Version 1.3 December 10, 2008 Version 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project, Parkside Town Commons, is a 123 -acre project which will ultimately consist a mix of residential, apartments, office as well as big box retailers, junior anchors, retail shops and outparcels, along with the associated infrastructure, utility, and stormwater management improvements. Proposed for construction at this time is Phase 1 of the project only, which consists of a Target store and several commercial /retail buildings, along with the necessary street /parking /sidewalk/utility infrastructure (Figure 4). Also proposed for construction as part of Phase 1 are the offsite roadway improvements to the NC Highway 55 corridor and the extension of O'Kelly Chapel Road through the project (Figure 4: Insets 1 -4) Jurisdictional and isolated streams and wetlands do exist within the project area, and while it is the intent of the applicant to avoid significant impacts to wetlands, streams or other environmentally sensitive features, there are proposed impacts to 40 linear feet of jurisdictional 404/401 perennial stream, 168 linear of isolated intermittent streams, and 0.08 acre of Isolated Wetlands. However, the currently proposed impacts have been greatly reduced from the previously proposed impacts of 0.64 acres of isolated wetlands, 0.32 acres of open water, 127 if of isolated perennial stream channel, 1,035 if of isolated intermittent stream, and 56 if of intermittent stream permitted in 2007. The proposed project will require a Stormwater Management Plan, which will provide nutrient removal and provide a minimum 85% TSS Removal for all impervious surfaces. Since the Town of Cary is a delegated authority for NC DWQ Stormwater Management Plans, the review and approval of the SWMP is part of the Town of Cary review process. Inset 1: Primary site access will be provided by constructing an extension of O'Kelly Chapel Road that will connect at the existing intersection of NC Hwy. 55 and O'Kelly Chapel Road to the west and will cross the site to connect with the existing intersection of Louis Stephens Road and Little Drive to the east. The new roadway alignment will cross the CSX railroad that runs parallel to the eastern property boundary. Other roadway improvements include widening O'Kelly Chapel Road at the Hwy. 55 intersection to accommodate thru lanes and turn lanes entering the proposed project, as required by the Town of Cary and the NC Department of Transportation (NCDOT). Although there is a retaining wall proposed to minimize stream impacts, there is 40 linear feet of proposed impacts to perennial stream "A" associated with an existing culvert extension at this location (Inset 1). It is proposed to widen O'Kelly Chapel Road from two lanes to four lanes from Hwy. 55 and further west, however, this is dependent on increased traffic at an unknown point in the future. If the roadway design and widening was required at this time, any additional stream impacts would be included with this current application. This portion of road widening along O'Kelly Chapel Road is not currently required, so there are no proposed impacts at this time. Insets 2 & 3: To provide safe access to the rear portion of the project for emergency vehicles, there is a roadway, Markham Vista Drive, and retaining wall proposed running parallel to the CSX railroad easement. There are impacts of 99 linear feet to isolated intermittent stream "SG ", 53 linear feet to isolated intermittent stream "SH ", and 0.08 acre of impact to isolated wetland "WE ". Although a retaining wall is proposed in this location and minimizes stream impacts, its primary purpose is to avoid encroaching into the CSX railroad easement. These isolated stream and wetland areas proposed for impact are low quality Triassic headwater systems, relative to other aquatic habitat in the region. Inset 4: There are 16 linear feet of proposed impacts to isolated intermittent stream feature "ST' associated with a minimal amount of clearing and grading associated with the installation of a retaining wall on the backside of the major anchor building. The grading is a minimum to safely install the retaining wall, while allowing access to the rear of the building and minimizing impacts to the stream feature and riparian buffer. Typical construction equipment will be used such as a long -arm track -hoe, front end loader, pavers, cranes, and bush hog for the initial clearing. Page 6 of 17 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: EcoEngineering Name (if known): Kevin Yates Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A USACE jurisdictional determination, for the subject property, was issued by Mr. Jamie Shern, of the USACE on September 15, 2005, and has since expired on September 15, 2010 (AID No. 2005- 21328). A DWQ Intermittent /Perennial Stream Determination, for the subject property, was issued on October 14, 2005, and has since expired on October 14, 2010 (IPRRO 05 -020). A revised and approved USACE jurisdictional determination was most recently approved on October 29, 2012 by Mr. James Lastinger (SAW - 2012 - 01576, enclosed). 5. Project History 5a. Have permits or certifications been requested or obtained for N Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. A USACE 404 Nationwide Permit (NWP) (14) (AID 2005- 21328) was issued on December 27, 2007, authorizing impacts to 61 linear feet of intermittent stream channel and 0.32 acres of adjacent open water impact associated with the proposed development within the subject property. Another NWP 39 (AID 20070417 1) was issued on June 14, 2009, for permanent impacts of 11 if of important stream channel and temporary impacts of 35 if of important stream channel, associated with offsite roadway improvements along O'Kelly Chapel Road. A DWQ 401 Water Quality Certification 3627, and Isolated Wetlands General permit (IWGP100000) (EXP 07 -1503) were issued on September 17, 2007, authorizing impacts of 56 linear feet of intermittent stream channel, 0.32 acres of open water, 0.64 acres of isolated wetlands, 1,035 linear feet of isolated intermittent stream channel, and 127 linear feet of isolated perennial stream channel associated with the proposed development within the subject property. Another DWQ Water Quality Certification 3705 was issued on April 30, 2009 for offsite roadway impacts on O'Kelly Chapel Road of 51 linear feet of perennial stream. Both USACE (404) and DWQ (401) permits have since expired; and are part of this current application. Previous permits enclosed. A pre - application meeting was held most recently on August 22, 2012, with Mr. Ian McMillan and Ms. Periann Russell of DWQ, and Mr. James Lastinger of the USACE to discuss the history of the project and re- authorization of previous permits. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The construction of the proposed project is phased, however, all on -site impacts and a portion of the off - site roadway impacts are being applied for under this current permit application. The only impacts not being applied for at this time are possible stream impacts associated with the widening of O'Kelly Chapel Road to the west of NC Hwy. 55. It is proposed to widen this portion of O'Kelly Chapel Road from two lanes to four lanes, however, this is dependent on increased traffic at an unknown point in the future. If the roadway design and widening was required at this time, any additional stream impacts would be included with this current application. This portion of road widening along O'Kelly Chapel Road is not currently required, so there are no proposed impacts at this time. Page 7 of 17 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact number Type of jurisdiction — Permanent (P) or Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Temporary T if known DWQ — non -404, other acres Inset 3 Isolated Wetland "WE" Fill Riparian Yes DWQ (Isolated) 0.08 Permanent DWQ only: 0.08 2g. Total wetland impacts TOTAL: 0.08 ac 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact number Type of impact Stream name Perennial Type of jurisdiction Average Impact - Permanent (P) or (PER) or (Corps - 404, 10 stream length Temporary (T) intermittent DWQ — non -404, width (linear (INT)? other) (feet) feet) Inset 1 Culvert Stream "A" ® Corps Off -site Stream A" Extension / UT Kit Creek Perennial ® DWQ 4 40 Perm. Fill Inset 2 On -site Fill Stream "SG" Isolated ® DWQ 3 99 Perm. UT Kit Creek Intermittent Inset 3 On -site Fill Stream "SH" Isolated ® DWQ 2 53 UT Kit Creek Intermittent Perm. Inset 4 On -site Fill Stream "SJ" Isolated ® DWQ 5 16 Perm. UT Kit Creek Intermittent Total 404/401: 401f 3h. Total stream and tributary impacts Total Isolated (DWQ only): 1681f 3i. Comments: Total Stream Impacts: 208 If Page 8 of 17 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4L Total open water impacts N/A 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then com lete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5L Total N/A 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 9 of 17 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse El Tar-Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? T B1 ❑P ❑T El Yes ❑ No 132 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: The Town of Cary is a delegated authority for the Jordan Lake Watershed Rules and will be reviewing all riparian stream buffer impacts. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Stream, wetland, and riparian buffer impacts have been avoided to the greatest extent practicable, while achieving a successful project. While it is the intent of the applicant to avoid significant impacts to wetlands, streams or other environmentally sensitive features, there are proposed impacts to 40 linear feet of jurisdictional 404/401 perennial stream, 168 linear of isolated intermittent streams, and 0.08 acre of Isolated Wetlands. However, the currently proposed impacts have been greatly reduced from the previously proposed impacts of 0.64 acres of isolated wetlands, 0.32 acres of open water, 127 if of isolated perennial stream channel, 1,035 If of isolated intermittent stream, and 56 if of intermittent stream permitted in 2007. The currently proposed impacts of 168 linear feet of isolated stream and 40 linear of jurisdictional stream is an 83% reduction in overall stream impacts and the proposed isolated wetland impacts of 0.08 acre is an 87% reduction in overall wetland impacts. While some of the avoidance and minimization of stream and wetlands can be attributed to the most recent jurisdictional re- evaluation, the remainder is due to a re- design of the site layout which avoids and minimizes impacts to streams features S13, SC, and SJ, specifically. To provide access with the existing alignment of O'Kelly Chapel Road and Hwy. 55, as well allow for ingress and egress of emergency vehicles, O'Kelly Chapel once constructed, will be the main entrance to the project. Headwalls are proposed along the south side of O'Kelly Chapel Road at the Hwy 55 intersection, and on the western side of the intersection to avoid impacts to jurisdictional waters stream SB and SC; and minimize impacts to Stream A associated with offsite roadway improvements. There are 16 linear feet of proposed impacts to isolated intermittent stream feature "SJ" associated with a minimal amount of clearing and grading associated with the installation of a retaining wall on the backside of the major anchor building. The grading is a minimum to safely install the retaining wall, while allowing access to the rear of the building and minimizing impacts to the stream feature and riparian buffer. Kit Creek crosses the northern potion of the site and is a perennial stream located in the FEMA floodplain. This portion of the property was subdivided from the Parkside project and is now placed into a conservation easement, avoiding impacts to these areas. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in the Erosion Control Plan sheet reviewed and approved by the NC Division of Land Quality and Town of Cary. All work will take place during dry conditions and can be facilitated from high, non - jurisdictional, Page 10 of 17 PCN Form — Version 1.3 December 10, 2008 Version stable ground adjacent to the riparian buffers. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, tree protection, clearing only as necessary to install these devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall , but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑ No (Unknown at this time). 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ® Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: Mitigation was not previously required for the proposed project. However there were mitigation requirements from the Corps associated with the offsite roadway improvements at O'Kelly Chapel Road. We are requesting 248 stream mitigation credits (SMUs) to offset unavoidable impacts to isolated and jurisdictional stream channels. A copy of the NCEEP acceptance letter will be provided once received. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 248 linear feet 4c. If using stream mitigation, stream temperature: ® warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 11 of 17 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Buffer mitigation is being provided to offset impacts to the Town of Cary's Urban Transition Buffers. Page 12 of 17 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Stormwater management for Parkside Town Commons -Phase 1 will be accomplished by incorporating engineered stormwater best management practice facilities throughout the phase to capture and treat the stormwater runoff from developed areas. Specific stormwater treatment devices that will be used are level spreaders in conjunction with vegetated filter strips, which are designed to remove a minimum of 40% average annual total suspended solids (TSS), and provide 30% total nitrogen and 35% total phosphorus removal, and extended detention stormwater wetlands designed to remove a minimum of 85% average annual total suspended solids (TSS), provide slow release (i.e. 2 to 5 days) of the difference in pre- to post - development peak runoff rate for the 1 -, 2 -, 5 -, ❑ Yes ® No and 10 -year, 24 -hour storms, and provide 40% total nitrogen and 40% total phosphorus removal. The stormwater wetlands will serve the dual purpose of water quality and water quantity (ie. detention) control. Velocity dissipaters will be provided at the stormwater management facility principal spillway outlets to prevent erosion and scour in these areas. The dissipaters are constructed using rip rap, underlain with a woven geotextile filter fabric. The filter fabric is used to minimize the loss of soil particles beneath the rip rap apron. The dissipaters are sized for the 10 -year storm event using the NYDOT method. It is a permanent feature of the outlet structures. Page 13 of 17 PCN Form — Version 1.3 December 10, 2008 Version 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? —74% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed stormwater management plan for Parkside Town Commons -Phase 1 will be designed to protect the downstream environment. The plan incorporates biologically based stormwater management techniques to manage both water quantity and quality aspects of site runoff. As can be seen in this report, stormwater management for Parkside Town Commons -Phase 1 will be accomplished by incorporating engineered stormwater best management practice facilities throughout the phase to capture and treat the stormwater runoff from developed areas. Stormwater management for Parkside Town Commons -Phase 1 will be accomplished by incorporating engineered Stormwater best management practice facilities throughout the phase to capture and treat the stormwater runoff from developed areas. Specific stormwater treatment devices that will be used are level spreaders in conjunction with vegetated filter strips, which are designed to remove a minimum of 40% average annual total suspended solids (TSS), and provide 30% total nitrogen and 35% total phosphorus removal, and extended detention stormwater wetlands designed to remove a minimum of 85% average annual total suspended solids (TSS), provide slow release (i.e. 2 to 5 days) of the difference in pre- to post - development peak runoff rate for the 1 -, 2 -, 5 -, and 10 -year, 24 -hour storms, and provide 40% total nitrogen and 40% total phosphorus removal. The stormwater wetlands will serve the dual purpose of water quality and water quantity (ie. detention) control. Since the Town of Cary is a delegated authority for NC DWQ Stormwater Management Plans, the review and approval of the SWMP is part of the Town of Cary review process. Two courtesy copies of the stormwater design notebook are included, and a copy of the final approved Stormwater management plan will be provided to NCDWQ. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Cary ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? A courtesy copy of the SW Management Plan will be provided upon approval by the City of Raleigh. 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ® Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 5. DWQ 401 Unit Stormwater Review Page 14 of 17 PCN Form —Version 1.3 December 10, 2008 Version 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes El No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Although there are other projects approved within the vicinity of 1 -540 and NC Hwy. 55 these other projects are independent of Parkside Town Commons, and based on specific economic conditions, which have led to bankruptcy for most of the approved projects within the vicinity. Parkside Town Commons will be built whether these other projects are built or not. The proposed project is a single and complete project with appropriate land use control and stormwater measures in place for specific areas which require them. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Waste water will be directed into an existing treatment facility operated by Durham County, under agreement with the Town of Cary maintained sewer line. Page 15 of 17 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS web page http: / /www.fws.gov /nc -es /es /countyfr.html and the Natural Heritage virtual workroom http: / /nhpweb.enr. state. nc. us /nhis /public /gmap75_main.phtmi was accessed on October 24, 2012 to determine if the project would impact Endangered Species or Designated Critical habitat. Based on this research, the bald eagle (Haliaeetus leucocephalus - BGPA), Michaux's sumac (Rhus michauxii - E), and red - cockaded woodpecker (Picoides borealis - E) are federally listed species to occur within Wake County. Based on field inspections, it is believed no adverse impacts will occur to threatened and endagered species and their known habitiat due to the contruction of the proposed project. Natural resource investigations were conducted on the site to determine the presence of protected species and their habitats. During the investigations, no species or their habitats were observed within the project areas. Project construction will not affect protected species. A response letter from USFW dated August 16, 2012 is enclosed. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? An interactive map located at http: / /ocean.floridamarine .orgefh — coral /ims /viewer.htm was utilized on October 24, 2012 to determine if the project will impact Essential Fish Habitat. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A review of the list of properties and districts in North Carolina entered in the National Register of Historic Places ( http: / /www.hpo.ncdcr.gov /nrlist.htm) was conducted on October 24, 2012 for Wake County, and it did not reveal any listing within the project area. It is believed the proposed project will not occur in or near an area that has been designated as having historic or cultural preservation status by the state, federal, or tribal governments A no affect response letter from SHPO dated July 27, 2012 is enclosed. Page 16 of 17 PCN Form — Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements:. 8c. What source(s) did you use to make the floodplain determination? North Carolina Flood Insurance Rate Map Panels 0736J (May 2, 2006; Map Number 3720073600J) does not depict 100 -year flood areas or floodways within the project area. Kevin Yates 0� Date Date Applicant/Agent's Printed Name Applicant/ nt's Signature (Age?signature is valid only n authorization letter from the applicant is provided.) Page 17 of 17 PCN Form — Version 1.3 December 10, 2008 Version Research Triangle Park, NC Post Office Box 14005 Reseach Triangle Park, North Carolina 27709 2905 Meridian Parkway Durham, North Carolina 27713 800- 733.5646 919 - 287 -4262 919 - 361.2269 Fax EcoEngineering A division of The John R. McAdams Company, Inc. November 2, 2012 Ms. Karen Higgins NC Division of Water Quality Wetlands and Stormwater Branch 1650 Mail Service Center Raleigh, North Carolina 27699 Re: NWP 39 / GC 3890 / IWGP 100000 Southbridge Fellowship Church Raleigh, North Carolina CMT -12000 Dear Ms. Higgins: On behalf of KRG /PRISA II Parkside, LLC, we are applying for an NC Division of Water Quality (DWQ) General Water Quality Certification IWGP 100000 for permanent impacts to isolated streams and wetlands associated with a multi -use project known as Parkside Town Commons. We are also applying for a DWQ General Certification (GC) 3890 and Nationwide Permit (NWP) 39 associated with off -site roadway improvements for the proposed project. The subject property is a 123.36 acre assemblage of land (PIN #s 0736327647, 0736233947, 0736233114, and 0736147497) located at 5020 NC 55 Highway adjacent to the east of the intersection of NC 55 Highway and O'Kelly Chapel Road in Cary, North Carolina, within the Cape Fear River Basin of North Carolina. ® Signed Agent Authorization ® Fig.l - USGS Quad — Cary ® Fig.2- Wake County Soil Survey (Sheets 35) ® Fig.3- Existing Conditions ® Fig.3- Existing Conditions w. Aerial ® Fig.4- Overall Impact Map (Insetsl -4 w. culvert detail) ® Pre- Construction Notification ® USACE Signed JD Maps (SAW -2012- 01576) ® SHPO Response Letter s USFW Response Letter ® Previous Authorized DWQ IWGP /GC Permits (EXP 07- 1503 /EXP 07 -1503) ® Previous Authorized Corps NWPs 14 & 39 (AID 2005- 21328/ AID 200704171) WETLAND /STREAM MAPPING: Most recently, EcoEngineering conducted a stream and wetland delineation for possible jurisdictional wetlands, streams, and associated buffers located on the subject property, during the month of May, 2012. The determination consisted of a review of wm.ecoengr.com Design Services Focused On Client Success EcoEngineering A division of The John R. McAdams Company, Inc. Ms. Karen Higgins Parkside Town Commons November 2, 2012 Page 2 of 8 natural resource information sources and an on -site inspection of the subject property. The objective of the on -site inspection was to delineate jurisdictional "waters of the U.S." as defined by the U.S. Army Corps of Engineers (USAGE), "waters of the state" as defined by the North Carolina Department of Environment and Natural Resources — Division of Water Quality (DWQ), and identify waters subject to the Town of Cary Urban Transition Buffer (UTB) Rules. Based upon on an on -site concurrence meeting conducted with Mr. George Buchholz of EcoEngineering and USACE representative James Lastinger, and DWQ representative, Mr. Ian McMillan, on September 6, 2012, there was a significant reduction of the extent of jurisdictional waters of the US and isolated waters of the State, relative to the most recent Jurisdictional Determination conducted in 2005. Per the most recent 2012 concurrence meeting and official JD maps, the subject property now contains 0.05 acre of jurisdictional (404/401) riparian wetlands, and 240 linear feet of jurisdictional (404/401) intermittent stream features within the subject property regulated by both the US Army Corps of Engineers ( USACE - 404) and NC Division of Water Quality (DWQ -401). The subject property contains 0.08 acre of isolated wetlands and 847 linear feet of isolated intermittent stream features. Since these waters were deemed isolated they are regulated only by DWQ. A revised and approved USACE jurisdictional determination was most recently approved on October 29, 2012 by Mr. James Lastinger (SAW- 2012 - 01576, enclosed). PRIOR PERMITTING HISTORY: A USACE 404 Nationwide Permit (NWP) (14) (AID 2005- 21328) was issued on December 27, 2007, authorizing impacts to 61 linear feet of intermittent stream channel and 0.32 acres of adjacent open water impact associated with the proposed development within the subject property. Another NWP 39 (AID 200704171) was issued on June 14, 2009, for permanent impacts of 11 if of important stream channel and temporary impacts of 35 if of important stream channel, associated with offsite roadway improvements along O'Kelly Chapel Road. A DWQ 401 Water Quality Certification 3627, and Isolated Wetlands General permit (IWGP100000) (EXP 07 -1503) were issued on September 17, 2007, authorizing impacts of 56 linear feet of intermittent stream channel, 0.32 acres of open water, 0.64 acres of isolated wetlands, 1,035 linear feet of isolated intermittent stream channel, and 127 linear feet of isolated perennial stream channel associated with the proposed development within the subject property. Another DWQ Water Quality Certification 3705 was issued on April 30, 2009 for offsite roadway impacts on O'Kelly Chapel Road of 51 linear feet of perennial stream. Both USACE (404) and DWQ (401) permits have since expired; and are part of this current application. Previous permits enclosed. EcoEngineering A division of The John R. McAdams Company, Inc. Ms. Karen Higgins Parkside Town Commons November 2, 2012 Page 3 of 8 A pre - application meeting was held most recently on August 22, 2012, with Mr. Ian McMillan and Ms. Periann Russell of DWQ, and Mr. James Lastinger of the USACE to discuss the history of the project and re- authorization of previous permits. PROJECT LOCATION/IIABITAT: The majority of the subject property is forested with limited cleared areas. The subject property also contains remnants of residential structures and a concrete footprint pad associated with the former location of a Wake County Emergency Management System broadcast tower and equipment building. The site is otherwise undeveloped with the central portion of the property having been clear -cut or select -cut for loblolly pin and hardwood species at least twice within the past 40 years by previous land owners. The south - central portion was most recently timbered in early 2003 (Figure 3 /Figure 3 w. Aerial). The property is located within the Triassic Basin, a unique geologic area of the eastern Piedmont Region of North Carolina. The Soil Survey of Wake County, North Carolina (Soil Conservation Service, 1970) lists the soils within the subject property area as Creedmoor sandy loam, White Store sandy loam, gullied land (Figure 2). The proposed project drains to Kit Creek, a tributary of the Cape Fear River Basin and a designated WS- IVNSW, and subject to the Jordan Lake Watershed Rules and Town of Cary Urban Transition Buffer (UTB) Rules. PROPOSED PROJECTAMPACTS: The proposed project, Parkside Town Commons, is a 123 -acre project which will ultimately consist a mix of residential, apartments, office as well as big box retailers, junior anchors, retail shops and outparcels, along with the associated infrastructure, utility, and stormwater management improvements. Proposed for construction at this time is Phase 1 of the project only, which consists of a Target store and several commercial /retail buildings, along with the necessary street /parking /sidewalk/utility infrastructure (Figure 4). Also proposed for construction as part of Phase 1 are the offsite roadway improvements to the NC Highway 55 corridor and the extension of O'Kelly Chapel Road through the project (Figure 4: Insets 1 -4). Jurisdictional and isolated streams and wetlands do exist within the project area, and while it is the intent of the applicant to avoid significant impacts to wetlands, streams or other environmentally sensitive features, there are proposed impacts to 40 linear feet of jurisdictional 404/401 perennial stream, 168 linear of isolated intermittent streams, and 0.08 acre of Isolated Wetlands. However, the currently proposed impacts have been greatly reduced from the previously proposed impacts of 0.64 acres of isolated wetlands, 0.32 acres of open water, 127 if of isolated perennial stream channel, 1,035 if of isolated intermittent stream, and 56 if of intermittent stream permitted in 2007. The proposed project will require a Stormwater Management Plan, which will EcoEngineering A division of The John R. McAdams Company, Inc. Ms. Karen Higgins Parkside Town Commons November 2, 2012 Page 4 of 8 provide nutrient removal and provide a minimum 85% TSS Removal for all impervious surfaces. Since the Town of Cary is a delegated authority for NC DWQ Stormwater Management Plans, the review and approval of the SWMP is part of the Town of Cary review process. Inset l: Primary site access will be provided by constructing an extension of O'Kelly Chapel Road that will connect at the existing intersection of NC Hwy. 55 and O'Kelly Chapel Road to the west and will cross the site to connect with the existing intersection of Louis Stephens Road and Little Drive to the east. The new roadway alignment will cross the CSX railroad that runs parallel to the eastern property boundary. Other roadway improvements include widening O'Kelly Chapel Road at the Hwy. 55 intersection to accommodate thru lanes and turn lanes entering the proposed project, as required by the Town of Cary and the NC Department of Transportation (NCDOT). Although there is a retaining wall proposed to minimize stream impacts, there is 40 linear feet of proposed impacts to perennial stream "A" associated with an existing culvert extension at this location (Inset 1). It is proposed to widen O'Kelly Chapel Road from two lanes to four lanes from Hwy. 55 and further west, however, this is dependent on increased traffic at an unknown point in the future. If the roadway design and widening was required at this time, any additional stream impacts would be included with this current application. This portion of road widening along O'Kelly Chapel Road is not currently required, so there are no proposed impacts at this time. Insets 2 & 3: To provide safe access to the rear portion of the project for emergency vehicles, there is a roadway, Markham Vista Drive, and retaining wall proposed running parallel to the CSX railroad easement. There are impacts of 99 linear feet to isolated intermittent stream "SG ", 53 linear feet to isolated intermittent stream "SH ", and 0.08 acre of impact to isolated wetland "WE ". Although a retaining wall is proposed in this location and minimizes stream impacts, its primary purpose is to avoid encroaching into the CSX railroad easement. These isolated stream and wetland areas proposed for impact are low quality Triassic headwater systems, relative to other aquatic habitat in the region. Inset 4: There are 16 linear feet of proposed impacts to isolated intermittent stream feature "SF associated with a minimal amount of clearing and grading associated with the installation of a retaining wall on the backside of the major anchor building. The grading is a minimum to safely install the retaining wall, while allowing access to the rear of the building and minimizing impacts to the stream feature and riparian buffer. Typical construction equipment will be used such as a long -arm track -hoe, front end loader, pavers, cranes, and bush hog for the initial clearing. EcoEngineering A division of The John R. McAdams Company, Inc. Ms. Karen Higgins Parkside Town Commons November 2, 2012 Page 5 of 8 Impact Location Stream Name Impact length (linear feet) Inset 1 Riparian Isolated 0.08 Permanent Stream "A" Off -site Stream `A" 40 TOTAL UT Kit Creek Isolated / DWQ Only: 0.08 acre Perm./ Perennial Inset 2 Stream "SG" On -site 99 UT Kit Creek Perm. /Isolated Inset 3 Stream "SN" On -site 53 UT Kit Creek Perm. /Isolated Inset 4 Stream "ST On -site 16 UT Kit Creek Perm. /Isolated Total 404/401: 401f TOTAL Total Isolated (DWQ only): 168 If Total Stream Impacts: 208 If TOTAL WETLAND IMPACTS: Impact Location Wetland Type Impact Total(Acres) Inset 3 Isolated Wetland "WE" Riparian Isolated 0.08 Permanent TOTAL Isolated / DWQ Only: 0.08 acre EcoEngineering A division of The John R. McAdams Company, Inc. Ms. Karen Higgins Parkside Town Commons November 2, 2012 Page 6 of 8 AVOIDANCE and MINIMIZATION: Stream, wetland, and riparian buffer impacts have been avoided to the greatest extent practicable, while achieving a successful project. While it is the intent of the applicant to avoid significant impacts to wetlands, streams or other environmentally sensitive features, there are proposed impacts to 40 linear feet of jurisdictional 404 /401 perennial stream, 168 linear of isolated intermittent streams, and 0.08 acre of Isolated Wetlands. However, the currently proposed impacts have been greatly reduced from the previously proposed impacts of 0.64 acres of isolated wetlands, 0.32 acres of open water, 127 if of isolated perennial stream channel, 1,035 if of isolated intermittent stream, and 56 if of intermittent stream permitted in 2007. The currently proposed impacts of 168 linear feet of isolated stream and 40 linear of jurisdictional stream is an 83% reduction in overall stream impacts and the proposed isolated wetland impacts of 0.08 acre is an 87% reduction in overall wetland impacts. While some of the avoidance and minimization of stream and wetlands can be attributed to the most recent jurisdictional re- evaluation, the remainder is due to a re- design of the site layout which avoids and minimizes impacts to streams features SB, SC, and SJ, specifically. To provide access with the existing alignment of O'Kelly Chapel Road and Hwy. 55, as well allow for ingress and egress of emergency vehicles, O'Kelly Chapel once constructed, will be the main entrance to the project. Headwalls are proposed along the south side of O'Kelly Chapel Road at the Hwy 55 intersection, and on the western side of the intersection to avoid impacts to jurisdictional waters stream SB and SC; and minimize impacts to Stream A associated with offsite roadway improvements. There are 16 linear feet of proposed impacts to isolated intermittent stream feature "SF associated with a minimal amount of clearing and grading associated with the installation of a retaining wall on the backside of the major anchor building. The grading is a minimum to safely install the retaining wall, while allowing access to the rear of the building and minimizing impacts to the stream feature and riparian buffer. Kit Creek crosses the northern potion of the site and is a perennial stream located in the FEMA floodplain. This portion of the property was subdivided from the Parkside project and is now placed into a conservation easement, avoiding impacts to these areas. EcoEngineering A division of The John R. McAdams Company, Inc. Ms. Karen Higgins Parkside Town Commons November 2, 2012 Page 7 of 8 DIFFUSE FLOW: Stormwater management for Parkside Town Commons - Phase 1 will be accomplished by incorporating engineered stormwater best management practice facilities throughout the phase to capture and treat the stormwater runoff from developed areas. Specific stormwater treatment devices that will be used are level spreaders in conjunction with vegetated filter strips, which are designed to remove a minimum of 40% average annual total suspended solids (TSS), and provide 30% total nitrogen and 35% total phosphorus removal, and extended detention stormwater wetlands designed to remove a minimum of 85% average annual total suspended solids (TSS), provide slow release (i.e. 2 to 5 days) of the difference in pre- to post - development peak runoff rate for the 1 -, 2 -, 5 -, and 10 -year, 24 -hour storms, and provide 40% total nitrogen and 40% total phosphorus removal. The stormwater wetlands will serve the dual purpose of water quality and water quantity (ie. detention) control. Velocity dissipaters will be provided at the stormwater management facility principal spillway outlets to prevent erosion and scour in these areas. The dissipaters are constructed using rip rap, underlain with a woven geotextile filter fabric. The filter fabric is used to minimize the loss of soil particles beneath the rip rap apron. The dissipaters are sized for the 10 -year storm event using the NYDOT method. It is a permanent feature of the outlet structures. STORMWATER MANAGEMENT: The proposed stormwater management plan for Parkside Town Commons -Phase 1 will be designed to protect the downstream environment. The plan incorporates biologically based stormwater management techniques to manage both water quantity and quality aspects of site runoff. As can be seen in this report, stormwater management for Parkside Town Commons -Phase 1 will be accomplished by incorporating engineered stormwater best management practice facilities throughout the phase to capture and treat the stormwater runoff from developed areas. Stormwater management for Parkside Town Commons -Phase 1 will be accomplished by incorporating engineered stormwater best management practice facilities throughout the phase to capture and treat the stormwater runoff from developed areas. Specific stormwater treatment devices that will be used are level spreaders in conjunction with vegetated filter strips, which are designed to remove a minimum of 40% average annual total suspended solids (TSS), and provide 30% total nitrogen and 35% total phosphorus EcoEngineering A division of The John R. McAdams Company, Inc. Ms. Karen Higgins Parkside Town Commons November 2, 2012 Page 8 of 8 removal, and extended detention stormwater wetlands designed to remove a minimum of 85% average annual total suspended solids (TSS), provide slow release (i.e. 2 to 5 days) of the difference in pre- to post - development peak runoff rate for the 1 -, 2 -, 5 -, and 10 -year, 24 -hour storms, and provide 40% total nitrogen and 40% total phosphorus removal. The stormwater wetlands will serve the dual purpose of water quality and water quantity (ie. detention) control. Since the Town of Cary is a delegated authority for NC DWQ Stormwater Management Plans, the review and approval of the SWMP is part of the Town of Cary review process. Two courtesy copies of the stormwater design notebook are included, and a copy of the final approved stormwater management plan will be provided to NCDWQ. MITIGATION: The currently proposed impacts of 168 linear feet of isolated stream and 40 linear of jurisdictional stream is an 83% reduction in overall stream impacts and the proposed isolated wetland impacts of 0.08 acre is an 87% reduction in overall wetland impacts. Mitigation was not previously required for the proposed project. However there were mitigation requirements from the Corps associated with the offsite roadway improvements at O'Kelly Chapel Road. We are requesting 248 stream mitigation credits (SMUs) to offset unavoidable impacts to isolated and jurisdictional stream channels. A copy of the NCEEP acceptance letter will be provided once received. Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please do not hesitate to contact me at (919) 287 -0895. Sincerely, EcoEngineering A division of The John R. McAdams Company, Inc. Kevin Yates Senior Environmental Scientist Project Manager Enclosures U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2005 -21328 County: Wake USGS Quad: Green Level, NC GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Kite Realty Group Address: Attn: Mr. David George 30 S. Meridian Street, Suite 1100 Indianapolis, IN 46204 Telephone No.: 317 -577 -5600 Size and location of property (water body, road name /number, town, etc.): The property is 123.36 acres of undeveloped land and land currently used for residential and timber purposes. The property is located north of the intersection of NC 540 and NC Hwy 55 in Cary, NC. The purpose of the project is the construction of a multi -use development that will provide residents in Cary, Apex, Morrisville and south Durham areas and emplovees working in the Research Trianule Park with an additional residential area and an upscale destination point for shopping, dinini,. and professional services . Description of projects area and activity: This authorization is for the fill of 61 linear feet of an intermittent unnamed tributary to Kitt Creek and 0.32 acreas of an adjacent open water man -made pond due to the extension of OXON Road. The project must be conducted in accordance with the application and drawings submitted on September 10, 2007. Applicable Law: ® Section 404 (Clean Water Act. 33 USC 1.344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Re;ional General Pen-nit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and 'or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and!or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of' the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -bv -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (9 19) 733 -1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to reeulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (9 10) 395 -3900. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal. State or local approvals /permits. If there are any questions regarding this verification. any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact And v Williams at tele hone number 919- 876 -8441 xtension 26. Corps Regulatory Official Date: 12/27/2007 Expiration Date of Verificatio Page 1 of 3 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 attached customer Satisfaction Survey or visit Imp: wX�,v.satyr.usace.armv.miI ""FAIANDS inde0itml to complete the survey online. Page 2 of 3 Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Pro«ram Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 waters of the US and /or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC S 1344). Unless there is a change in the law or our published re"ulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: Field observation of OHWM Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination. you can make an administrative appeal under 33 CFR 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: District Engineer, Wilmington Regulatory Division Attn: James Sherri, Project Manager, Raleigh Regulatory Field Office U.S. Army Corps of Engineers 6508 Falls of the Neuse Road. Suite 120 Raleigh, North Carolina 27615 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 33 1.5. and that it has been received by the District 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 11/15/2005. * *It is not necessary to submit an R form to th stri Office if you do not object t determination in this correspondence. ** Corps Regulatory Official: Date 09/15/2005 Expiration Date 09/15/2010 Summary of Authorized Impacts and Required Mitigation Action ID # NWP / GP # Open Water (ac) Wetland (ac) Unimportant Steam 00 Important Stream (If) Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent SAW - 2005- 21328 14 0 0.32 0 0 0 61 0 Impact Totals 0.32 61 Total Loss of Waters of the U.S. (ac) 0.32 Total Loss of Waters of the U.S. (If) 61 Required Wetland Mitigation (ac) I I Required Stream Mitigation (If) Additional Remarks and /or Special Permit Conditions: Page 3 of 3 SURVEY PLATS. FIELD SKETCH, WETLAND DELINEATION FORMS. PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM. IF REQUIRED OR AVAILABLE. Copy Furnished: Teer Associates Attn: Robert Teer 100 Park Drive PO Box 13508 Research Triangle Park, NC 27709 919 -549 -9506 Page 4 of 3 Action ID Number: 2005-21328 County:Wake Permittee: Kite Realty Group, C/o Teer Associates Date Verification Issued: 12/27/07 Project Manager: James Shern Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT RALEIGH REGULATORY FIELD OFFICE 6508 FALLS OF THE NEUSE ROAD, SUITE 120 RALEIGH, NORTH CAROLINA 27615 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SEP -17 -2007 15:02 FROM:DWQ- WETLANDS 9197336993 AoW A r,- OG > y b U Q � Tecr Associates /Kite Realty Attn: Mr. Robert Teer P.O. Box 13508 Research Triangle Park, NC 27709 TOs95497317 P:2'5 Michael P. Easley, Govemor William e. Ross Jr., Secretary North Carolina Department of Fnvirnnrnent and Nantrat tt.csourecs September 17, 2007 Cateen N, Sullins, Dircetor Div ilia nof Water Quality DWQ project # EXP 07 -1503 Wake County Subject Property; Parkside Town Commons UT to Kit Creek 1030605,1641-1-17-2-(0.7), WS -TV, NSWJ ,Approval of 401 Water Quality Certification and Isolated Wetlands General Permit with Additional Conditions - Express Revxew,Prograin Dear Mr, Tecr: You have our approval, in accordance with the attached conditions and those listed below, to place till within or otherwise impact 0.64 acres of isolated wetland, 0.32 acres of open water, 127 linear feet of isolated perennial stream, 1,035 linear feet of isolated intermittent stream, and 56 linear feet of intcnnittent stream for the purpose of constructing the new mixed use development, as described within your Pre - construction Notification Application dated September 12, 2007. The impacts are covered by, State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000) and General Water Quality Certification Number 3627. The Certification allows you to use Nationwide Permit N W 14 whorl issued by the U5 Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non - discharge regulations. The approval to proceed with your proposed 401 impacts as depicted in your application shall expire upon expiration of the 404 Permit, However, the approval to proceed with your proposed impacts to )Isolated Waters, as depicted in your application and as authorized by this Permit, shall expire upon expirntiou of IWGIV100000 (Septeniber� 30, 2048) or unless otherwise rescinded by the Director of the Division of Water Quality. This approval is for the purpose and design that you described in your request (PCN dated September 12, 2007). If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the (future) exceed one acre of wetland or 150 linear feet of stream, additional compensatory mitigation may be required as described in 15A NCAC 2H .0546 (h). This written approval requires you to follow the conditions listed in the attached Water Quality Certifycation (GC 3627) and General Permit for Impacts to isolated Wetlands and Isolated Waters (MGP100000) and the additional conditions listed below. 401 0vcrsi &ht/P -'praas Rcviaw Pcrmining 1J11it 1650 Mall Servied Center, Raleigh, North Carolina 27699 -1650 2321 Crabtree Roulevird, Sttitc 250, Raleigh, North Carolina 2704 Phone: 919 - 733.17961 FAX 919. 733 - 6$93 / lntemet: hnriV ib2tl .cnr.state.ne.u.vnemrcrinnda An Gqual 0PPQftunity 1Affirmative Action F.mpinyer — 50% R0cy0lcd1J 1)%Post Cottaumer Paper No"'hCam na ,iatrrra�y SEP -17 -2007 15:02 FIR€7M:DWO-WETLANDS 9197336893 TC1s95497317 P;3/5 Tcor Associates/Kite Realty Page 2 of 4 September 17, 2007 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (and Isolated Wetland Permit) are met. No other impacts are Approved including incidental Impacts; Par act Type Amount Aeprqvad (Units) ,Plan Location or Reference Isolated Wetland 0.64 acre September 12, 2007 PCN page 6 0 Ot) Water impounded stream 0.32 acre _September 1.2, 2007 PCN 2agt 7 Perennial Stream isolated 127 linear feet September 12 2007 PCN a e 6 Intermittent. Sty'eattt isolated 1 035 (iir)ear feet September 12, 2007 PCN page 6 and 7 Intermittent Stream 5ti linear feet September 12 2007 PCN page 6 2, No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre- construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water duality standards, statutes, or rules occur, Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the Alrorth Carolina ,Sediment and Erosion Control Manual. The devices shall. be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor - owned or leased borrow pits associated with the project. b. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all tithes. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior written approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibriurn of wetlands or strearn beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. 5. Protective Fencing The outside buffer, wetland or water boundary and along the cotistructiott corridor within these bouridnries approved under this authorization shall be clearly marked with Orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing; activities to ensure compliance with GC 3627_ 6. Construction Stonmvater Permit NCGO l OQ00 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program'. an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued 5EP -17 -2007 15:02 FR0H:DWQ- WETLAND5 9197336893 TOt95497317 P:4/5 Tecr ASSCCiatesltCite /fealty Page 3 of 4 September 17, 2007 to the project, This General permit allows stormwator to bo discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit (applicable to construction projects that disturb one (1) or more acres), frill compliance with permit conditions including the Sedimentation control plan, self - monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at 1u ,. / /h2 :ear„ ,tute,nc.0 /su/ ar s Da ar i s htm, 7. Written Storinwater Management Plan (final Approval Needed) The final, written stormwater management plan approval on letterhead from the reviewing local government and one copy of the approved stormwater management plan, including plan details, calculations and other supporting information, mm5t be received by this Office bcforo the irnpaots specified in this Certification occur per Condition No. 6 in GC No. 3627. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and .the stormwater management plan (as approved by this Office) shall be implemented. The approved structural stormwater practices as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Qtmlity, 8. Work In the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock balms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. 9. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and riparian buffers in order to assure compliance for future wetland, water and riparian buffer impact. These nmeelinnisnls shall be put in place prior to impacting any wetlands, eaters and/or buffers approved for in.gpact under this Certification Approval and Authorization Certificate. 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and any subsequent mod.ifications,,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Pennitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 11. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the ietterhnad address within ten (10) days of the commencement of construction. Violations of any condition herein set forth may result iii revocation of this Certification and may result in criminal and/or civil ponattics. The authorization to pTocced with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 Pemiit. if you do not accept any of the conditions of this Cettificati.on. (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing_ You roust act within 60 days of the date that you receive this letter. To ask for a bearing, send a written petition, which conforms to Chapter 150B of ilic North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, SEP -17 -2007 15:03 FROi:0WO- WETLANDS 9197336893 T ©:95497317 P:5/5 Tecr AssoalatcsfKite ]fealty Pale 4 of 4 September 17, 2007 R-alcigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a licaring. Any disputes over determinations regarding this Authorization Certitieatc (associated with the approved buMr impacts) sball be referred in writing to the Director for a decision. The Director's decision is subjcct to review as provided in Articles 3 and 4 of G.S. i SOB. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. Tryou have any questions, please telephone Lia Myatt at 919- 733 -9502, Sincerely, Co een H. Sullins NCDWQ Director CHSlebkllem Enclosures: GC 3627 f WCP 100000 Certificate of Completion cc; Jamie Shern, USACE Raleigh Regulatory Field Office Lauren Cobb, DWQ Raleigh Regional Office 17LR Raleigh Regional Office File Copy Central Files Cindy Carr, Mulkey Inc., P.O. Box 33127, Raleigh, NC 27636 -3127 KCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 30, 2009 DWQ PXP No. 07- 1503v2 Wake County Mr. David George KRG/PRISA H Parkside, LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 Subject Property: NC 55 Roadway Improvements (Parkside) UT Kit Creek [030605, 16- 41- 1- 17- 2- (0.7), WS -N, NSW] Approval of 401 Water Quality Certification with Additional Conditions -- Express Review Program Dear Mr. George: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 51 linear feet of perennial stream for the purpose of constructing the proposed roadway improvements at the site, as described within your application dated April 28, 2009 and received by the N.C. Division of Water Quality (DWQ) on April 29, 2009. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non - discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval Ietter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1, Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (and Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Impact Type Amount Approved nits Plan Location or Reference Stream erennial permanent. 11 (linear feet ) Aril 28, 2009 PCN page 5 of 12 Stream (perennial) temporary 40 linear feet) Aril 28, 2009 PCN page 5 of 12 401 OversightlExpress Review Pennifling Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919- 733 -17861 FAX: 919.733 -6893 Internal: hltp:l lh2o .enr.state.nc.uslncwetlands! An Equal Opportunity 1 A€firmalive Action Employer NofthCarohna ,Nat aally KRG /PRISA II Parkside, LLC DWQ EXP# 07- 1503v2 Page 2 of 4 April 30, 2009 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina ,Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or Ieased borrow pits associated with the project. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be'performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control treasures shall not be placed in wetlands or waters without prior approval from the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. 5. Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (hqp: / /www.ncdot.orgidob /operations /BMP_manual /download /BMP_Manual.pdo such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. 6. Stream Protection Conditions If concrete is used during the construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. ICRG/PRISA II Parkside, LLC DWQ EXP# 07 -1503 v2 Page 3 of 4 April 30, 2009 During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 7. Construction Conditions A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 8. Stormwater Management Plan One (1) copy of the Town of Cary approved Stormwater Management Plan (stamped as Approved by the Town of Cary or along with an approval letter) for this project must be submitted to this office before any impacts authorized by this certification may occur. The structural stormwater practices as approved by the Town of Cary, as well as drainage patterns, must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and on all lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to inspect and maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. Please note that DWQ retains the authority to supercede local stormwater approvals on a case -by -case basis when it deems necessary with the approval of the Director of the Division of Water Quality. 9. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the:attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 11. State Water Quality Standards The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct KRG/PR1SA 11 Parkside, LLC DWQ EXP# 07- 1503v2 Page 4 of 4 April 30, 2009 impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. I50B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Lia Myatt Gilleski or Joseph Gyamfi 919 -7 786. Sincerely, �L Coleen H. Sullins CHSlcbk/lmg Enclosures: Certificate of Completion GC 3705 cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File copy Ms. Amber Coleman, Stantec Consulting Services, Me., 801 Jones Franklin Rd., Ste 300, Raleigh, NC 27606 File: 07- 1503v2ParksideNC55RoadwayImprovements (W ake)EXP +401(N W 39).doc NC®ENR North Caro[ina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director DWQ Project No,: _ Applicant: Project Name: Date of Issuance of 401 County: Water Quality Certification: Dee Freeman Secretary Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer, It is not necessary to send certificates fi-orn all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and, Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signatuure: Date: if this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full tune) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date 401 DverslghflExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919. 733 -17861 FAX: 919 - 733.6893 Internet: h€ tp:l th2o .enr,stata.nc.usincweilands/ An Equal Opportunity 1 Affirmative Action Employer Registration No. No thCarolina )Vatura!!rf Water Quality Certification No. 3705 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT Water Quality Certification Number 3705 is issued in conformity with the requirements of Section 401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (OWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States () as described in 33 CFR 330-Appendix A (B) (18, 29, 39, 41, 42,.43, 44, and 46) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and .95 -217 if conducted in accordance with the conditions hereinafter set forth. Activities meeting any one (1) of the following criteria require written approval from the Division of Water Quality (the "Division "): Stream and/or buffer Impacts: a. Any impacts to perennial waters (as depicted on the most recent USGS 1:24000 topographic map or as otherwise determined by the local government,) and their associated riparian buffers in Water Supply (WS), High Quality Water (HQW), or Outstanding Resource Water (ORW) watersheds. Only water - dependent activities, public projects, and structures with diminimus increases in Impervious surfaces will be allowed as outlined in those rules [15A NCAC 2B .0212 through .0215]. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the application for the 401 Water Quality Certification can be processed. b. Any Impacts to streams and buffers in the Neuse, Tar - Pamlico, Randleman and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer Rules) in effect at the time of application [In accordance with 15A NCAC 2B.0200)), unless the activities are listed as "EXEMPT" from these Rules- c. Any impacts to streams involving. excavation or dredging. d. Total stream impacts equal to or greater than 150 linear feet of intermittent and /or perennial stream to be filled, culverted, rip rapped, or relocated, including temporary and /or permanent impacts. Impacts (temporary and /or permanent) to waters: a. Equal to or greater than one -third (1/3) of an acre l=ast of Interstate 95 (1 -95). b. Equal to or greater than one -tenth (1/10) acre West of Interstate 95 (1 -96). Ili. Wetland impacts (temporary and /or permanent): a. Equal to or greater than one -third (1/3) acre East of Interstate -95. b. Equal to or greater than one -tenth (1/10) acre West of Interstate -95. c. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -1, WS -11, or Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild and Scenic River. d. Any impacts to coastal wetlands [15A NCAC 71-11,0205)], or Unique Wetlands (UWL) [15A NCAC 21-1.0606), Water Quality Certification No. 3705 Water Quality Certification No. 3705 IV. If the activity is associated with or in response to a Notice of Violation or an enforcement action initiated by the Division and/or the Division of Land Resources. In accordance with North Carolina General Statute Section 143- 215.313(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities that are below the thresholds, or otherwise do not meet the criteria listed above in this General Certification do not require written approval from the Division of Water Quality as long as they comply with the Conditions of Certification listed below, including the Stormwater Management Plan condition. If the project requires a Stormwater Management Plan, but is otherwise below the written approval thresholds, the applicant may provide a courtesy copy of the Pre- Construction Notification along with a copy of the Stormwater Management Plan (and approval letter from the appropriate locally delegated state program where applicable). If any of these Conditions cannot be met, then written approval from the Division is required. Conditions of Certification; 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification and authorized in the written approval from the Division, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Hest Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Design, installation, operation, and maintenance of the sediment and erosion control .. measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and Stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout (Tr), SA; WS -1, WS -11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supersede all other sediment and erosion control requirements. Water Quality Certification No. 3705 Water Quality Certification No. 3705 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters without prior approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may-result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream -and down stream of the above structures. All sediment and erosion control devices small be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. d. Construction Stormwater Permit NCG010000 - Upon-the-approval of an Erosion and Sedimentation Control, Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by the Division is automatically issued to the project, This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres), full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at ht p:/ /h2o.enr.state.nc.us/suforms Documents.htm. 5. Construction Moratoriums and Coordination if activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. This condition can be waived through written concurrence on a case by case basis upon reasonable justification. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval /post- larval fishes and crustaceans, or other aquatic species of concern shall be implemented. This condition can be waived through written concurrence on a case by case basis upon reasonable justification. Work within the twenty -five (25) designated trout counties,or•.identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area, Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require submittal to, and approval by, the Division of Water Quality. Water Quality Certification No. 3705 Water Quality Certification No. 3705 7. Riparian Area Protection (Buffer) Rules Activities located in the'protected 50 -foot wide riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar - Pamlico, Catawba, or Randleman (or any other basin with buffer rules), shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250 and .0213, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 8. Water Supply Watershed Buffers The 30 -foot wide vegetative buffer (low- density development) or the 900 -foot wide vegetative buffer (high - density development) shall be maintained adjacent to all perennial waters except for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 213 .0212 through ,0295]. 9. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact between curing concrete and stream water_ Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic lifel ish kills. 10. Compensatory Mitigation In accordance with 9 5A NCAC 2H ,0505 (h), compensatory mitigation may be required for losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Compensatory stream mitigation shall be required at a 1:9 ratio for all perennial and intermittent stream Impacts in watersheds classified as ORW, HQW, Trout, WS -I and WS -11. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "Allowable with Mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Genera€ Water Quality Certification for this Nationwide Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District'Stream Mitigation- Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be submitted for written Division approval as required in those protocols. Alternatively, the Division will accept payment into an in -lieu fee program or credit purchase from a mitigation bank. Finally, the mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the public. Proof of payment to an in -lieu fee program or mitigation bank must be provided to the Division to satisfy this requirement. Water Quality Certification No. 3705 4 Water Quality Certification No. 3705 11. For all activities requiring re- alignment of streams, a stream relocation plan must be included for written Division approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel Is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native.woody species, and should include establishment of a 30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical.. A transitional phase incorporating appropriate erosion control matting materials and seedling establishment is allowable. Rip -rap, A- Jacks, concrete, gablons or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream; however, the applicant must provide written justification and any calculations used to determine, the extent of rip -rap coverage. Please note that if the stream relocation is conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent updates), the restored length can be used as compensatory mitigation for the impacts resulting from the relocation. 12. Stormwater Management Plan Requirements A. For applicants other than the North Carolina Department of Transportation, a Stormwater Management Plan in accordance with the version of Stormwater Management Plan (SMP) Requirements for Applicants other than the North Carolina Department of Transportation posted on the Division web site at the time of application shall be provided for any project that meets both of the following two criteria: i. Requires a 404 Permit or Isolated Wetlands Permit (regardless of whether written authorization is required by the Division), AND ii, Contains one or more drainage areas that are anticipated to have impervious surface cover of equal to or greater than 24 percent. When drainage areas are difficult to delineate or when a pocket of high density exists within a drainage area, the Division shall use best professional judgment to apply the SMP requirement as appropriate, B. For the North Carolina Department of Transportation, compliance with NCDOT's Individual NPDES permit NCS000260 shall serve to satisfy this condition. 93. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be. designed ar}.d installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways or other fill projects are constructed across FEMA- designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. Water Quality Certification No. 3705 Water Quality Certification No. 3705 If site- specific topographic constraints preclude the ability to bury the culverts as described above and/or the applicant can demonstrate that burying the culvert would result in destabilization of the channel and head - cutting upstream, the Division will consider alternative design proposals. Any riprap required for normal pipe burial and stabilization shall be buried such that the original stream elevatlon is restored and maintained. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 14. Additional site - specific conditions may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. 15. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 16. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401NVet €ands Unit web site at http,ll h2o.enr,state.nc.uslncwetiands. The text of the sample deed notification may be modified as appropriate to suit'to a specific project. 18. When written authorization is. required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy-of the certificate shall be sent to the D WO Central Office in Raleigh at 9650 Mail' Service Center, Raleigh, NC, 27699 -1650. 19, This General Certification shall expire three (3) years from,the date of issuance of the written letter from the Division or on the same day as the expiration date of the corresponding Nationwide Permit The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. If the construction process for approved activities will overlap the expiration and renewal date of the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, then the General Certification shall also remain in effect without requiring re- application and re- approval to use this Certification for the specific impacts already approved. Water Quality Certification No. 3705 Water Quality Certification No. 3705 20. The applicantlpermittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. Non - compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: November 1, 2007 DIVISION OF WATER QUALITY By Coleen H. Sullins Director History Note: Water Quality Certification Number 3705 replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, Water Quality Certification Number 3287 issued on June 1, 2000, Water Quality Certification Number 3362 issued March 18, 2002, Water Quality Certification Number 3402 issued March, 2003, and Water Quality Certification Number 3631 issued March 19, 2007. This Water Quality Certification is rescinded when the Corps of Engineers re- authorizes Nationwide Permits 16, 29, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of the Division of Water Quality, Water Quality Certification No. 3705 DIL�b1� UuL� JUL 1 7 2009 Action ID. 200704171 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: KRG/PRISA H Parkside, LLC Address: c/o Kite Realty Group Attn: David Gearge, PE 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 Telephone No.: 314 - 713 -5600 Size and location of property (water body, road name /number, town, etc.): The NC 55 Roadway Improvement at Parkside Town Commons site is located along Okelly Chapel Rd, just west of the intersection of Okelly Chapel Rd and NC Jii-Iwy 55 in Cary, Wake County, North Carolina. Description of projects area and activity: This permit verifies permanent impacts to 11 if of important stream channel and temporary impact to 351f of important stream channel. Mitigation, at a 2:1 ratio is required for this impact (see Permit Condition below). The project must be conducted in accordance with the application and drawings submitted on 4/30/2009. We were unable to provide a timelv verification for impacts proposed in Your preconstruction notification application (PCN) received in our office on April 30, 2009. General Condition number 27, which lists the notification requirements for nationwide permits, states that the prospective permittee shall not bekin the activity unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Accordingly, on June 14, 2009, _ _ . ar —i - e, was aut orized to�uct the propose work. __ Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Crystal Amschler. Permit Condition: In order to compensate for impacts to 11 linear feet of warm water stream, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 22 linear feet of warm water stream in the Cape Fear River Basin, Cataloging Unit 03030002. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. "Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands and Deepwater Habitats of the of the United States* Corps Regulatory Official: Crystal Amschler Date: Permit was authorized via statutory requirements on June 14, 2009. Expiration Date of Verification: June 14, 2011 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 attached customer Satisfaction Survey or visit http: / /www. saw. usace .army.mil /WETLANDS /index.html to complete the survey online. Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 waters of the US and/or wetlands within the above described project area 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. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: Wetlands were determined using the Corns 1987 delineation manual. Streams were identified utilizing ordinary high water mark as identified in the field. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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: District Engineer, Wilmington Regulatory Division Attn: Jean Manuele, Field Office Chief, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 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 District 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 9/13/2009. "It is not necessary to submit an RFA form to the District Off if you do not object to the determination in this correspondence." Corps Regulatory Official: Date 07/15/2009 Expiration Date 07/15/2014 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Stantec Consulting Services, Inc Attn: Amber Coleman 801 Jones Franklin Rd, Suite 300 Raleigh, NC 27606 Action ID Number: 200704171 County: Wake Permittee: KRG/PRISA H Parkside, LLC Date Permit Issued: statutorily issued on June 14, 2009 Project Manager: Crystal Amschler Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT RALEIGH REGULATORY FIELD OFFICE 3331 HERITAGE TRADE DRIVE, SUITE 105 WAKE FOREST, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Applicant: KRG/PRISA H Parkside, LLC File Number: 200704171 Date: 07/15/2009 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of I A LJ PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 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 • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the ps o reevaluate the JD. uCo.E.,�r^ "L1 F ,7 �3J' -, J -.' i s ' "tr k 3 ;€kgiNy ' � �iIEES'I��FOR SE�CN�II°��� APPS �`o� O��EGT�UI� �TO�AN�� LT AZ�P�® FRED& PE�RIV�IT��F r�� 011- 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. If you have questions regarding this decision If you only have questions regarding the appeal process you and /or the appeal process you may contact: may also contact: Crystal Amschler Ms. Jean Manuele Raleigh Regulatory Field Office Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Wake Forest, NC 27587 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. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn: Jean Manuele, Project Manager, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303 -8801 Since 1979 THE JOHN R. McADAMS COMPANY, INC. AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The CurrentProperty_ Own er Name. KRG Prisa II Parkside LLC Address: 30 S. Meridian Street, Ste. 1100, Indianapolis, IN 46204 Phone: (317) 577 -5600 Project Name /Description: Parkside Town Commons — Cary, NC Project Number: KRG -12000 Project Manager: Bill Dcrksf Kevin Yates Date: .Tune 14, 2012 U.S. Army Corps of Engineers Attn: Mr. Jaynes Lastinger Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current owner, hereby designate and authorize The John R. McAdams Company, Inc. 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. 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 The John R. McAdams Coiffpany, Inc. staff. You should call The John R. McAdams Company, Inc. to arrange a it eeting prior to visiting the site, Signature V, Cc: Ms. Lauren Witherspoon NCDENR -DWQ 512 North Salisbury Street Raleigh, NC 27604 C I V I L E N G I N E E R I N G . L A N D P L A N N I N G • S U R V E Y I N G PO Box 14005 . Research Triangle Park, NC 27709 • (919) 361 -5000 + fax(919)361-2269 www.johnrmcadams,com U.S. ARMY CORPS OF ENGINEERS C(10- Py WILMINGTON DISTRICT Action Id. SAW- 2012 -01576 County: Wake U.S.G.S. Quad: NC -GREEN LEVEL NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Kite Real Group David George Address: 30 S. Meridian Street, Suite 1100 Indianapolis, IN, 46204 Agents EcoEngineering George Buchholz Address: PO Box 14005 Research Triangle Park, NC, 27709 Property description.' Size (acres) +1 -100 Nearest Town Cary Nearest Waterway Kitt Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.8461 Longitude: - 78.8882 Location description: The property is bordered to the northeast by Durham Southern Railway, to the south by NC HWY 540, and to the east by NC Hwy 55, near Cary, Wake County, North Carolina. Aquatic features on site drain to Kitt Creek in the Cape rear River basin. Indicate Which of the Following A 1 : A. Preliitninary Determination Base d on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action wider the Regulatory Program Administrative Appeal Process ( Reference 33 CPR Part 331). 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. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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. X There are waters of the U.S. including wetlands on the above described 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on October 29, 2012. 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 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 Page 1 of 2 published regulations, this determination may be relied upon for a period not to exceed five years fi-om the date of thifs notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (C'AMA)- 'Viii ghnnlrt rnntart than D; -i¢dnn -f Coastal Managernent in illinrehcad f i4i Ar!' �t (]577 S2f1St_2Stflft t^ „ „, ,, determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastin er at 919- 554 -4884 02 /.Iames.C.Lastin ea a usace.arm .mil. C. Basis For Determination The site exhibits wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and alonropriate Regional Supplement. Streams on site exhibit an established OH_WM D. Remarks E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate partic.7pation 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• R. abuse) 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 Pact 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 Anny Corps of Engineers South Atlantic Division Attn: Jason Steele, 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 33 1.5, 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 December 29, 2012. "It is not necessary to summit an RFA form to the Division Office if you do not object to the determination in this correspondence.' Corps Regulatory Date: October 29, 2012 Expiration Date: October 29 2017 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 attached customer Satisfaction Survey or visit htW: // pelt .nwp.usace.aLiny.mil /surv�y.html to complete the survey online. Copy furnished: SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http:// www. usace. aliny. rnillinet /filnetioris /cw /ceewo/re� or -Corps re ulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ■ ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 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 pen-nit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section It of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. NOTIFICATION OF A.DMINNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Kite Realty QL0212 File Number: SAW - 2012 -01576 Date; October 29, 2012 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 http:// www. usace. aliny. rnillinet /filnetioris /cw /ceewo/re� or -Corps re ulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ■ ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 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 pen-nit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section It of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION Il - 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.) 9 b 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 I- NFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: James Lastinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., smite 145 60 Forsyth Street, Room l OM 15 Wale Forest, NC 27587 Atlanta, Georgia 30303 -8801 919 -554 -4884 ext 32 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. Date: Telephone number: Signatu re of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North Carolina 25403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801 Phone: (404) 562.5137 h VICINITY MAP NOT 70 SGhC RECEIVE: SEP 2 6 2012 RALEIGH REGULATORY FIELD OFFICE I, ERIC M. MANTURUK, a North Carolina Professional Land Surveyor, do hereby certif th t this map was prepared under my supervision and shows the location o ection 404 Jurisdictional Areas as del ineoted by S. & E. C. of alei h Carolina - - - -- - ERI K, NC P.L.S. L -5019 --- _�� - -_ Date GENERAL NOTES 1.) THIS IS NOT A BOUNDARY SURVEY, 2.) BOUNDARY LINES SHOWN HEREON ARE BASED ON DEEDS AND MAPS OF RECORD. 3.) COORDINATES SHOWN HEREON ARE BASED ON NC GRID (NAD 83 ). 4.) STREAM TOP BANK WERE DELINEATED IN THE FIELD THE JOHN R. MCADAMS COMAPANY, INC. 5.) NOTE: THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. This certifies that this copy of this plot accurately depicts the baundar t jurisdiction of Section 404 of the Clean Water Act as determined by tl undersigned on this date. Unless there is a change in the law or our <` published regulations, this determination of Section 404 jurisdiction may be relied upon for ❑ period not to exceed five years from this dote. determination was made utilizing the oppropriote Regional Supp[eme t 1987 Corps of Engineers Wetlands Delineation Manual. (Name - -_----- __ -_ --- ISOLATED STREAM (Tits _ -------------- FEATIRM "SG" SEE SHT 3 OF 7 W (AID - - - - - -- N F KRG PRISA [I PARKSIDE LLC DB. 12716 PG. 2269 IN# 0736 -14 -7497 a ISOLATED WE I AND n U If�'jtp.11 p„ AM p ►ISLE IRM "SHI' FFQ KRG PRISA a SEE SHT 4 OF 7 PARKSIDE LLC 08. 12360 PG. 2055 PIN# 0736 -23 -3947 N /F' RESEARCH TRIANGLE S FOUNDATION N DB, 1670 PG. 239 PIN# 0736 -63 -5896 ,o\ 1, I I I III //I , CAR0���rfi rG5 &1{)�i SEAL L -5019 a y r r� � N/F KRG PRISA 11 5UR`1��� PARKSIDE LLC MA '1'1% w PIN # k 0736 -22 -7527 ISOLATED WETLANDS: 3,290 SR. FT. /0.08 AC. JURI5DICTIONAL WETLANDS: 2,127 SQ. FT, /0.05 AC. JURISDICTIONAL INTERMITTENT STREAMS: 240 LF/842 SQ.FT. ISOLATED INTERMITTENT STREAMS: 847 LF/2,428 SQ.FT. KRG PRISA I1 PARKSIDE LLC D 12236 PG. 173 PINN 0736 -32 --7647 ISOLATED STREAM FEATURE "SI" r ° SEE SHT 5 OF 7 JURISDICnONAL STREAM FEATURES 11SB11 & 11SC„ SEE SHT 2 OF 7 ISOLATED STREAM to FEATURE "W SEE SHT 6 OF 7 - JURISDICTIONAL WETLAND "WC" SEE SHT 7 OF 7 NC HWY 54❑ PUBLIC R/W GRAPHIC SCALE 500 0 250 500 1000 I 1 inch = 500 ft. R 4 U 1- LL- 0 W W r� V J sumac nr: ERIC MANTURUK L -5019 U g YU NAM KRG12000 -WIZ nPum "S7H °c"'' 1" -500' 09 °20 -2012 WADAMS z h o R` 0 � A T c�0 �0 O W 0) UE z0 Z W � Z o Loo s Z 51 x� W o PQ H A Ld M O W C7Z >. t} U O N Q 2 'Z < • F U YU NAM KRG12000 -WIZ nPum "S7H °c"'' 1" -500' 09 °20 -2012 WADAMS NORTHING EASTING STREAM FLA 762704 -8 2032736 -3 START SB 762722.8 2032556.6 STOP S13 762781.5 2032617.1 START SC 762738.9 2032613.5 STOP SC NF KRG PRISA II PARKSIDE LLC D8. 12360 PG, 2055 PIN# 0736 -23 -3947 CC #1 N: 762780.40' E. 2032446.42' TIE LINE (CC #1 TO STREAM "SC" START) 5 89'38'17" W 170.73' GRAPHIC SCALE 30 0 15 30 0 _1 inch = 3 GENERAL NOTES 1.) THIS IS NOT A BOUNDARY SURVEY. 2.) BOUNDARY LINES SHOWN HEREON ARE BASED ON DEEDS AND MAPS OF RECORD. 3,) COORDINATES SHOWN HEREON ARE BASED ON NO GRID (NAD 83). 4.) STREAM TOP BANK WERE DELINEATED IN THE FIELD THE JOHN R. McADAMS COMAPANY, INC. 5.) NOTE: THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. LEGEND o EXISTING IRON PIPE ■ EXISTING CONCRETE MONUMENT 0 CALCULATED POINT 3039. WETLAND FLAG -f CENTERLINE CREEK + CENTERLINE WIDTH r!t LINE CCi r 23 25" E 259. �E,gA4 .......... Sp° SB' � ST,gRT} � e 15 L15, 36" RCP so s l p1- 1 G F` CS c5` 2. tit STOP SB \0\ I I I I I ///�� CA R,0 �.` SEAT- �� w L-6019 a UIR START SC v I, ERIC M. MANTURUK, a North Carolina Professional Land Surveyor, do hereby certify that his op was prepared under my supervision and shows the locations of S Ctio 04 Jurisdictional Areas as delineated by S. & E. C. of Rol h, No h lino . ERI M M RU NO P.L.S. L-5019 S 88'15'07" E 427.62' NI JURISDICTIONAL 2' INTERMITTENT STREAM L4 44 "SC" 44 LF f 93 SQ. FT, 3' j4 STOP SC ' 3 5 I.8 5.5' 3, 4, C � C1p 5.5' 1.9�� C7 4.5' 3'C]2 4' t ---- JURISDICTIONAL INTERMITTENT STREAM FEATURE "SB" 196 LF / 749 SQ. FT. - CREEK CL LINE TABLE L-5019 LINE BEARING LENGTH L1 S 33'04'28" W 9.22' L2 S 08'47'39" W 1 0.98' _ L3 _ S 07'38'33" E 12.54' L4 _ S 06'42'08" E 11.63' L5 N 39'13'19" W 11 44' L6 mm N 64'48'55" W 23.16' L7 N 64'47'05" W 000x: Z Q. Ls I N 82'58'31' W _._,13.68' 12 -68' L9 S 71'32'13" W 16.90' L10 N 69'28'29" W 17.69' L11 S 77'29'17" W 19.37' L12 N 74'47'42" W 10.76' L13 N 64'23'50" W 10.11' _ L14 N- 88'03'13" W 11.01' -^ L15 N 87'09'42" W 18.79' L16 S 78.16'36" W 16.80' L17 S 42'50'24" W 13 -48' N /F KRG PRISA II PARKSIDE LLC D8, 12336 PG. 1739 PIN## 0736 -22 -7527 Cs 4' 3 N E►7"WL This certifies that this copy of this plot accurately depicts the boundory of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the low or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the appropriate Regional Supplement to the 1987 Corps of Engineers Wetlands Delineation Manual. (Nome )_�_ -- (Title ) _ _ _ -- *-4ua-4y --- -- ----- .... -- (AID RECEIVEC SEP 2 6 2012 RALEIGH REGULATORY FIELD OFFICE a L.L. 0 IN W W Z b x 7 U O tit x �m m a_ z V 0 SuRVex nri 7RIC nMr i,TLIRUK L-5019 < H O 44 W CO CC U A r� 0 Z o Z C-] Y 0- W z o 000x: Z Q. 0 P4 U x Wp A W Y ��0 p A � �p°Q 0- C14 f] i H Q U rX4 n O CN Q O a O U KRG -12090 Srkw- 1' =30' nere: 09-20-2012 51 WADAMS This certifies that this copy of this plat accurately depicts the boundary of th jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date- Unless there is a change in the low or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed Five years from this dote. This determination was mode utilizing the appropriate Regional Supplement to the 1987 Corps of Engineers Wetlands Delineation Manual. (Name) _ -__ _ ___ ------ __.�______ --- —_- -- (Title) _ _ - __ --- „,,.,.,_.,______.._.�._- r�,-o l? (AID ) _5.� �e C z �� 1 ---- ---- - ----- I, ERIC M. MANTURUK, a North Carolina Professional Land Surveyor, do hereby certify that this map was prepared under my supervision and shows the locations of Section 404• Jurisdictional ireo s delineated by S. & E. C. of Raleigh, North olin E__ T pUK, -NC fa.L.S,i.- 50i9�- _____._ _ Dote W SEAL SUIK CREEK CL LINE TABLE LINE 764609.3 BEARING START 5G LENGTH L18 N 24'50'09” E 11.21' 1-19 N 2$'11'50" E. 13.52' L20 N 12'52'59" W 11.66' _ L2i� N 25'20'56" E 9.42' L22 N 73'17'31" E 12.08' L23 N 19'2.6'16" E 22.33' L24 N 42'31'50" E 11.45' L25 N 04•'31'40" W 13.57' L26 _ N 32'50'19" E 6.09' LEGEND Q EXISTING IRON PIPE ■ EXISTING CONCRETE MONUMENT A CALCULATED POINT 3039. WETLAND FLAG f _ . CENTERLINE CREEK + CENTERLINE WIDTH V RECENEC SEP 2 G 20i2 Rp,>_EI1314 R&BULATORY FIEF OFFS EiP #1 N: 764865.23' E: 2032078.04' ISI '& INTERMIT FEAT 111 LF 6' 10 �S s� NORTHING EASTING 1 STREAM FLAG 764609.3 2032280.3 START 5G 764702.8 2032321,9 S70f' SG S i ART "SG" Q 2' 0) ` V 3' v 2' KRG PRISA II } PARKSIDE LLC 013. 12360 PG. 2055 PIN# 0736 -23- 3947 3.) GRAPHIC SCALE 30 0 15 30 60 1 inch = 30 ft. 4.) 5.) GENERAL NOTES THIS IS NOT A BOUNDARY SURVEY. BOUNDARY LINES SHOWN HEREON ARE BASED ON DEEDS AND MAPS OF RECORD. COORDINATES SHOWN HEREON ARE BASED ON NC GRID (NAD 83). STREAM TOP BANK WERE DELINEATED IN THE FIELD THE JOHN R. McADAMS COMAPANY, INC. NOTE: THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS, L- 0 ral W LL1 V 1 This certifies that this copy of this plot accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the low or our 11K published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was mode utilizing the appropriate Regional Supplement to the 1987 Corps of Engineers Wetlands Delineation Manual. (Name _ — — -------- -____ - - -- - -- V (Title) -- _ _ SEP 2 6 JD1�. (Date)- _- - - - -- ^ - r �4 — — Rpt,�10" R1EeULATDRY 1 Ulm Ft�L�pPF�E ISOLATED (AIO)_�� c_�S� =_ - - - -- 1, ERIC M. MANTURUK, a North Carolina Professional Land Surveyor, do hereby certify tot this map was prepared under my supervision and shows the loc s Sect' 404 Jurisdictional Areas as delineated by S. & E. C. of olei h, ort aroiina . ERUM. K,-NC P.L.S.�L -5019 D— -- u CARl����r ¢.•�EAl 53I0� . � � ,711111111��� LEGEND *+ EXISTING IRON PIPE ■ EXISTING CONCRETE MONUMENT ,e CALCULATED POINT 3039, WETLAND FLAG — CENTERLINE CREEK + CENTERLINE WIDTH GRAPHIC SCALE 30 0 15 30 60 l L 1 I 1 inch = 30 ft. INTERMITTENT STREAM FEATURE "SH" 53 LF / 150 SO. FT. .f N F € RESEARCH TRIANGLE FOUNDATION 3' D8, 1670 PG. 239 PIN# 0736 --63 -5896 START "SH" co stir c �`SS , r STOP "SH" C3 3' WE -1 ��N 81.37'$$,, TIE LfNE ~ W� 83' (FCM1 70 1) WE -2 WE--9 WE--3 WE -4 WE -8 ONTO= WE -- 6 1�_- WE-7 —ISOLATED WETLAND "WE" 3,290 SQ3 FT. 0.08 AC. WE-10 TT WE-1 N /F KRG PRISA II PARKSIDE LLC DB, 12360 PG. 2055 PIN# 0736 -23 --3947 GENERAL NHS 1) THIS IS NOT A BOUNDARY SURVEY. 2.) BOUNDARY LINES SHOWN HEREON ARE BASED ON DEEDS AND MAPS OF RECORD. 3.) COORDINATES SHOWN HEREON ARE BASED ON INC GRID (NAD 83). 4.) STREAM TOP BANK WERE DELINEATED IN THE FIELD THE JOHN R. McADAMS COMAPANY, INC. 5.) NOTE: THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. ECM #1 N: 763863.14' E: 2033296.69' CREEK CL LINE TABLE LINE BEARING LENGTH L27 S 01'03'59" E 14.48' L28 S 0729'54" W 20.23' L29 S 54'34'26" W 18.50' NORTHING FASTING STREAM FLAG 763924.5 2033226.8 START SH 763875.2 1 2033211.4 STOP SH NORTHING EASTING WETLAND FLAG 763875,9 2033209.8 WE--1 763850.0 2033185.9 WE-2 763824,1 2033177.8 WE--3 763796.9 2033166.5 WE -4- 763780.2 2033170 -2 WE--5 763761.4 2033160.4 WE -6 763760.5 2033180.6 WE -7 763795.4 2033190.2 WE -B 763833.7 2033215.7 WE-9 763861.5 2033242.9 WE -10 TT WE-1 0 LL- 0 OR Ld W a: V) 1 This certifies that this copy of this plat accurately depicts the boundary of jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the low or our published regulatlons, this determinotion of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the appropriate Regional Supplement to th 1987 Corps of Engineers Wetlands Delineation Monuol. (Nam — —___..------ --- __-- - -W___ (Title _—_ (Date) -- _ �_ ____(� _ —_ - --- (Air) d) r_urw :tz N- 763568.: E:2033644 I, ERIC M. MANTURUK, a North Corolina Professional Land Surveyor, do hereby certif that this map +tiros prepared under my supervision and shows the lo t' s o Se�ctic}�i 40�,yelurisdictionel Areas as delineated by S. & E. C. of Rq eigh, ort oroli r ERIC M URU N P.LS. i_ -5019 0 to CAI?�r���� F�5 5 to �lJ yr: � 9r r -- a_ SEAL x_5419 c p� �Yp sv�y`.`;��`�� � LEGEND Q+ EXISTING IRON PIPE ■ EXISTING CONCRETE MONUMENT A CALCULATED POINT 3039. WETLAND FLAG y__ CENTERLINE CREEK + CENTERLINE WIDTH i A GRAPHIC SCALE `x 30 0 15 34 60 � r-- rrrrlr__ .� r�rlr rrlrl�� a 1 inch = 30 ft. GENERAL NOTES 1.1 THIS IS NOT A BOUNDARY SURVEY. iED ON ON HE INC. 1EY AND TH ANY ONS. L30 N 1015'55 "W E 10.47' L31 N 17'06'37' E 11.73' L32 N 48'24'24" £ 14.07' L33 N 67'27'00" E 15.57' L34 .N 68'04'26" E 4,45' NORTHING FASTING STREAM FLAG 763073.4 2034148,6 1 START SI 763109.6 2034187.9 1 SLOP SI L_ 0 Ln W W Z a � H z z QUA V M � �x L) s� 00 Z x W U w rri r d c� SURUY or: ERIC MANTURUK L• 5019 ci w a A 0') o n 0 C5 z W W Z U00M z o w LLJ W >L0 U) �y a c•1 P r Qi 4 W Q U �t N G a 0 E 9EWM7 ND.KRG -12000 arum M sill wAL" 1 =30' 09-20-2012 ® MCADAMS This certifies that this copy of this plot accurately depicts the boundary of jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the appropriate Regional Supplement to the 1987 Corps of Engineers Wetlands Delineation Manual. (Narne 4- -- - - -- -_-----_------.°__._._ -_- (Title _- -------------------- (Date)- - - - -- -- (AID ------- ERIC MANTURUK LINE LS` BEARING LG3 L35 N 57'01'21" , L62 2 s' I, ERIC M. MANTURUK, a North Carolina Professional Land Surveyor, do 2' 63'02'53" g' hereby certify that/this map was prepared under my supervision and shows delineated by S. & E. N rn E the Ioc Io s f 4 U 404 Jurisdictional Areas as 3 27'18'12" C. of ale,, h, N th olino 19.03' L39 N 09'56'27" �� �.[1 L40 ------------------- -�AR K NC P. L, S. L -5019 ERIC M N U _- - ---_- Date r 3' 16.01' L41 N 33'27'58" E 11.99' L42 S 88'39'05" E 19.40' CARO N 29'46'56" E X551 �� F Q L44 N 24'07'55" E 4' L45 N a SEAL r N L54 17.36' LEGEND = L -5M = 41 4' E 23.10' L47 v 60'14'36" (+ EXISTING IRON PIPE '�',j �'OUR.y`��•J�� L48 N ■ EXISTING CONCRETE MONUMENT w�"[� �111111M11 3' L49 A CALCULATED POINT ��r, 3 W 8.20' 3039. WETLAND FLAG �y 2311'48" E CENTERLINE CREEK 4' ISOLATED INTERMITTENT STREAM 35'19'00" CENTERLINE WIDTH 5, vs FEATURE "SJ" N 56'04'07" 3' 627 LF / 1,827 SR, FT. L53 GRAPHIC SCALE 40 6 20 40 80 1 inch = 40 ft. e; .� III' 2 a 2' �2M 4 �V 2' 2' 2' 2' 2 3' ECM #3 2 N: 752228.78' �.� START "'SJ° E. 2035059.48' 2 3 3' _S 87'40'03" W 661.17• TIE LINE -Si 70 STREAM "SJ START} 3' L�'S ' S 3' 2' N /F RESEARCH TRIANGLE FOUNDATION DB. 1670 PG. 239 STOP "Si" v W PIN# 0736 -63 -5896 2 7 7F 1 3, 6 r? S• . �r10 47 3 rs�Qa�s9 p v��i 3 $.o ra '3 ' 3 3' 3' � `3J 3' CREEK CL LINE TABLE ERIC MANTURUK LINE BEARING LENGTH L35 N 57'01'21" E 15.99' L36 N 63'02'53" E 8.97' L37 N 39'18'03" E 14,61' L38 N 27'18'12" E 19.03' L39 N 09'56'27" E 21.84' L40 N 18'03'53" W 16.01' L41 N 33'27'58" E 11.99' L42 S 88'39'05" E 19.40' L43 N 29'46'56" E 10.18' L44 N 24'07'55" E 9.25' L45 N 28'47'49" E 17.36' L46 N 52'41'40" E 23.10' L47 N 60'14'36" E 15.17' L48 N 04'37'36" W 17.77' L49 N 41'44'20" W 8.20' L50 N 2311'48" E 8.98' L51 N 35'19'00" E 11.57' L52 N 56'04'07" E 11.22' L53 N 35'53'38" E 28.81' L54 N 86'50'01" E 15.81' L55 N 08.03'01 " E 9.28' L56 N 26'11'24" E 15.48' L57 N 43'16'19" W 12..67' L58 N 11'25'03" W 8,12' L59 N 48'07'53" E 14.49' L60 N 25'54'11 " E 14.84' L61 N _ 02'35'05" W 11,51' L62 N 33'55'05" E 3.42' L63 N 87'58'28" E 8.10' L64 N 44'16'37" E 17.42' L65 N 84'24'48" E 23.72' L65 N 77'24'38" E 16.21' L67 N 50'25'26" E 14.18' L68 N 79'55'26" E 22.21' L69 N 22'09'50" E 7.82' L70 N 47'39'25" E 9.12' L71 N 74'07'06" E 15.79' L72 N 74'33'10" E 17.09' L73 S 85'00'46" E 15.97' L74 N 48'22'18" E 16.74' L75 N 25'25'58" E 10.17' L76 N 53'47'53" E 18.09' L77 N 45'46'33" E 11.37' L78 N 53'22'27" E 8.07' ECM #3 N: 762228.78' E: 2035059A8' N/F KRG PRISA II PARKSIDE LLC 0E, 12360 PG, 2055 PIN# 0736 -23 --3947 NORTHING EASTING STREAM FLAG 762201.9 2034399.0 1 START 5J 762588.9 2034769.8 STOP 5J GENERAL NOTES 1.) THIS IS NOT A BOUNDARY SURVEY. 2.) BOUNDARY LINES SHOWN HEREON ARE BASED ON DEEDS AND MAPS OF RECORD. 3.) COORDINATES SHOWN HEREON ARE BASED ON NC GRID (NAD 83). 4.) STREAM TOP SANK WERE DELINEATED IN THE FIELD THE JOHN R. MCADAMS COMAPANY, INC. 5.) NOTE: THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. i` Li- 0 AMC W W M z p U U Z 1x ::� =�� d 0 w.4 owe w w z SVRM BT, ERIC MANTURUK L -5419 W o C!] Or L) Q � o � I Z Q O Oa W rn U E- >-, w Q 7' O z H W 0 W o u7 W Q Q < X0.4 r ¢ W c�v 0 z 2 z � Q ly- 0 t� U cawxr xaKRG -12000 KRGI2000- -WI.DW DUTH 9Y. 1°" 1" -40' 1 1-' -' 09-20-2012 1 M WADAMS This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this dote. This determination was made utiiiring the appropriate Regional Supplement to the 1987 Corps of Engineers Wetlands Delineation Manual. (Name) (Title)- ltt� _ - -__. .,...___ - - -__- (Date)_ T_•7�?_ .- _.______ (AID �( }�_�? J = 1 _nLs_ I, ERIC M. MANTURUK, a hereby certif that t the Iocotio F 5e ion C. of Rgl Igh, Irt Car North Corolino Professional Land Surveyor, do mqX was prepared under my supervision and shows A4 ,fJurisdictionol Areas as delineated by S. & E. P.L.S. L -5D19 LEGEND Q EXISTING IRON PIPE. ■ EXISTING CONCRETE MONUMENT ® CALCULATED POINT 3039■ WETLAND FLAG -� CENTERLINE CREEK + CENTERLINE WIDTH Dote GRAPHIC SCALE 40 0 20 40 80 1 inch - 40 ft_ NORTHING EAST €NG - WETLAND F'I..AG 762674.2 2032908.7 WC--1 762657.6 2032923.6 WC-• -2 762654.5 203294371 - WC-- -3 762644.1 _ 2032956.3 WC -4 762629.6 2032986.1 WC-- -5 762631.4 2033014.8 WC -6 - 762615.1 2033035.4 WC -7 762623.0 2033034.8 WC -8 762639.2 2033032.3 - WC -9 762645.8 2033025.6 WC -10 762648.9 2.032999.8 WC -11 762652.4 2032983.5 - WC -12 762660.0 2032957.2 WC -13 762672.9 - 70329318 WC--14 76.2.673.9 2032917.4 - WC_iSo RECEIVEC SPP 2 6 2012 RALEIGH REGULATORY FIELD OFFICE A R oiloO N F KRG PRISA 11 PARKSIDE LLC DB. 12360 PG. 2055 PIN# 0736 -23 --3947 -i CC#3 Ni 762767.35' £: 2032873.80' WC WC -5 WC.-6 WC -7 r Q- rr M a . VIR . _�_�_ JURISDICTIONAL WETLAND "WC" 2,127 SQ, FT. 0.05 AC. 1.} THIS IS NOT A BOUNDARY SURVEY. 2.) BOUNDARY LINES SHOWN HEREON ARE BASED ON DEEDS AND MAPS OF RECORD. 3.) COORDINATES SHOWN HEREON ARE BASED ON NC GRID (NAD 83). 4.} STREAM TOP BANK WERE DELINEATED IN THE FIELD THE JOHN R. MCADAMS COMAPANY, INC. 5.) NOTE: THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. a on a W W II V 1 N /F KRG PRISA ll PARKSIDE LLC t v �+ DB. 12236 PG. 1739 PIN# 0736 -32 -7647 N /F KRG PRISA 11 PARKSIDE LLC DB_ 12336 PG. 1739 a PIN# 0736- 22-7527 x WC -1 - - WC WC -5 WC.-6 WC -7 r Q- rr M a . VIR . _�_�_ JURISDICTIONAL WETLAND "WC" 2,127 SQ, FT. 0.05 AC. 1.} THIS IS NOT A BOUNDARY SURVEY. 2.) BOUNDARY LINES SHOWN HEREON ARE BASED ON DEEDS AND MAPS OF RECORD. 3.) COORDINATES SHOWN HEREON ARE BASED ON NC GRID (NAD 83). 4.} STREAM TOP BANK WERE DELINEATED IN THE FIELD THE JOHN R. MCADAMS COMAPANY, INC. 5.) NOTE: THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. a on a W W II V 1 \ m DZ rrl \ cn N �\ m� ,U D �Z I Z \G) D CD 0 \ O')'1 h � OND �Nep B9) i -u m �m °z Ln \\ �z \ � D r \ N N --I :U �Wo MN mi �M KRG -1 200 THE JOHN R. McADAMS PARMIDE TOWN COMMONS a G12000— IM —OAS1 COMPANY, INC. 1 ' = 50' VDATE: INSET 1 ENGME M • PLANNERS • SURVEYORS - ENVMNA�NTAL RESEARCH TRIANGLE PARK • CHARLOTTE 2M YendM Putny, Dwhem RC 27719 v[' R � NORTH CAROLINA cn 0`2.3 —� 2 806793 -58SB. www.johmmn�cam.Iicenx No.: C -M I� OND o. &9) ~ JECT NO. KRG -12000 PARKSIDE TOWN COMMONS ®THE JOHN R. MCA C COMPANY, INC. FILENAME NAME: KRG12000— IM —OA S1 E: 1 " =50' (hDA INSET 2 ENGINEERS • PLANNERS • SURVEYORS • ENVIRONMENTAL RESEARCH TRIANGLE PARK • CHARLOTTE 2905 Meridian Padrnay, Durham NC 27713 �l , NORM CAROLINA : 10 -23 -12 800- 733- 5098.w johomicadama.com.Licea No.: C -0293 " O Nc I. INM �' PROJECT N0. KRG -12000 JOHN R. McADAMS FILENAME: PARKSIDE TOWN COMMONS ®THE KRG12000 -IM -OAST COMPANY, INC. C SCALE: 1 „= 50' INSET 3 ENGINEERS •PLANNERS a SURVEYORS a ENVIRONMENTAL RESEARCH MANGLE PARK • CHARLOTTE 2905 Meridian Parkway, Durham NC 27713 4 �Li /v A D CARP, NORTH CAROUNA DATE: 10 -23 -12 800.73 &55+6.w jnhmmeadams.com. license Nn.: C —O290 PROJECT NO. KRG -1 ZOOO Is 20 PARKSIDE TOWN COMMONS THE JOHN R. McADAMS FILENAME: 04 KRG12000- IM -OASI COMPANY, INC. d SCALE: "=50' 1 INSET 4 ENGINEERS • PLANNERS • SURVEYORS • ENVIRONMENTAL RESEARCH TRIANGLE PARK . CHARLOTTE 2905 Meridian Pukny, Durham NC 27713 y CARY, NORTH CAROLINA DATE: 10 -23 -12 800-733 4W.,rrn.johmmcadama.00m.IJ"m No.: C -0293 410 20 0 40 80 I " =40' SCALE PERENNIAL STREAiM 25 If FAM WP T: APPMOXIM,�!- EMSTII-MG ?IP—, 01, %-NP OUTM Pplo-IK-110N FLATITIG- -T '5 � Y 7 - V -,7 Ll 7OA5 -T E EjNS LL '51DE TAPERED liv L- Ll?llQ,-'iL " "'T E. t R L 15 if PROJECT WY/ SHEET NO. ROADWRT DESIGN -f- - HYDRAULICS ENGINEER NGINEER INCOMPLE-4- 30 NOT USE FFOR R 1 11 PLAN V ACOUISMON PRELIMIN DO N� USE �R R Y PLANS RUMON StGntac Consulflng SarviGas Inc. Wte 300. aO 1 Jones =rmilln Rood R6.1g!" CC 27608 Ts! 914.351.6'355 Fc, 919.031.702 1, ae?A —LAT-JR,ol BASE T F - x fil N R E' rA Nil A;