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HomeMy WebLinkAbout20121057 Ver 1_401 Application_20121112WITHERS & RAVEN EL ENGINEERS I PLANNERS 1 SURVEYORS 1410 COMMONWEALTH DRIVE, SUITE 1o1 WILMINGTON, NORTH CAROLINA, 28403 (910) 256 -9277 FAX (910) 256 -2584 T0: NC Division of Water Quality — 4o1 Wetlands Unit 512 N. Salisbury Street; 9`h Floor Raleigh, NC 276o4 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter ® Attached ❑ Prints ❑ Change order 20121057 LEYTE FR,, ((�F YR o NISMMAL DATE 11/15/12 1 JOB NO. 02110371.00 ATTENTION Ms. Karen Higgins PHONE # 919-807-6363 RE: Sed efield Subdivision NWP 29 PCN Submittal 02110371.00 Sedgefield PCN Submittal 1 10/30/12 02110371-00 ❑ Under separate cover via ❑ Plans ❑ Samples ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 5 11/15/12 02110371.00 Sedgefield PCN Submittal 1 10/30/12 02110371-00 Check for $24o application fee 1 11/15/12 02110371.00 CD of PCN 1 THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints REMARKS: COPY TO: File SIGNED: Troy Beasley if enclosures are not as noted, kindly notify us at once. WITHERS RAVEN EL November 15, 2012 US Army Corps of Engineers Regulatory Field Office Attn: Mr. Dave Shaeffer 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 ENGINEERS I PLANNERS I SURVEYORS NC- Division of Water Quality 401 Wetlands Unit Attn: Ms. Karen Higgins 1650 Mail Service Center. Raleigh, North Carolina 27699 Re: Sedgefield Subdivision — NWP 29 PCN Submittal W &R Project #02110371.00 Dear Mr. Shaeffer and Ms. Higgins, On behalf of Highcroft Investors, LLC, we are requesting authorization from the USACE to use NWP 29 for 0.37 acres of permanent wetland impacts, o.o1 acres of temporary wetland impacts and 29 if of temporary stream impacts for the proposed project. We are also requesting a NC -DWQ 401 Water Quality Certification for the proposed impacts. The project is ±36.1 acres in size and is located at 1800 Wackena Road in Cary, Wake County (Latitude: 35.814828 0N; Longitude: - 78.877775 °W)• The project is located in the Cape Fear /Jordan Lake basin and onsite waters drain to Panther Creek. The Water Quality Classification for Panther Creek is WS- IV;NSW and the Stream Index Number is:16- 41-1-17-3• The cataloging unit for the site is 03030002. Proposed Protect The proposed project consists of the construction of a 73 lot residential subdivision and associated infrastructure (i.e. roads, utilities and stormwatermanagement). Project History Onsite wetlands were delineated by Withers & Ravenel on June 25, 2012. Documentation supporting the wetland delineation has been provided as an Appendix. Jan Patterson with the Town of Cary conducted a field verification of the starting point of the onsite stream on June 20, 2o10 and issued a Buffer Determination on June 25, 2012. A copy of the Buffer Determination has been provided as an Appendix. Please note that impacts to Jordan Lake Buffers Witt be permitted through the Town of Cary. 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 www.withersravene[.com I License No. C -0832 WITHERS II RAVEN EL ENGINEERS I PLANNERS I SURVEYOR5 Proposed Impacts The proposed impacts consist of 0.37 acres of permanent wetland impacts, o.001 acres of temporary wetland impacts and 29 tf of temporary stream impacts. The proposed permanent wetland impacts will occur from construction of internal roads, a cut -de- sac, a BMP outfatt and tot fill. The cut -de -sac is a requirement of the Town of Cary to provide a turnaround for emergency vehicles until the adjacent property is developed and the road extended. The proposes BMP Outfatt impacts (0.02 acres) will occur from installation of rip -rap below the high flow bypass channel for BMP #1 to reduce velocity and dissipate energy to prevent erosion and sedimentation of downstream waters. The proposed o.001 acres of temporary wetland impact and 29 tf of temporary stream impacts will occur from installation of a sewer tine to service the proposed project. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. The proposed 0.34 acres of permanent wetland impacts will occur to a small, linear wetland as a result of stormwater pipes and tot fill. Due to the location of this wetland finger, impacts could not be avoided from the road crossings. The road crossings would result in small, disconnected segments of this wetland finger. Due to the small size and linear nature of this wetland, the integrity and functional value of the wetland segmented by roads and sewer crossing would be greatly degraded in the post- development condition. Therefore, it was determined that the functional value of this wetland finger would be better served through provision of mitigation in a larger wetland system. Therefore, 0.34 acres of this wetland finger are proposed to be impacted for the construction of roads, sewer and tots and will be mitigated for through the purchase of riparian wetland mitigation from EEP. Mitigation The applicant proposes to mitigate for the proposed 0.37 acres of permanent wetland impacts through the purchase of 0.75 acres of riparian wetland mitigation from EEP (2:1 ratio). A copy of the EEP Letter of Acceptance has been provided as an Appendix. There is no mitigation proposed forthe 29 tf of temporary stream impacts. Stormwater Manas-yement Plan & Diffuse Flow The proposed Stormwater Management Plan consists of a combination of three wet detention ponds. Diffuse flow will be provided through the use of level spreaders. The Stormwater WITHERS C\ RAVENEL Page 2 of 3 ENGINEERS I PLANNERS I SURVEYORS WITHERS II RAVEN EL ENGINEERS I PLANNERS I SURVEYOR5 Management Plan and diffuse flow requirements are being reviewed by the Town of Cary. A copy of the Town of Cary's Stormwater Management Plan approval will be provided to DWQ upon receipt. The current request is for 0.37 acres of permanent wetland impacts, o.001 acres of temporary wetland impacts and 29 if of temporary stream impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, Troy Beasley Environmental Scientist Attachments: • PCN Form • Agent Authorization • Wetland Location Exhibit • USGS Quadrangle Map • Wake County Soil Survey • JD Request Info (Corps Application Only) • Town of Cary Buffer Determination Letter • EEP Letter of Acceptance • Impact Exhibits WITHERS RAVENEL Page 3 of 3 ENGINEERS I PLANNERS I SURVEYORS o�oF w a rF9o� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 10 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: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Sedgefield Subdivision 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: See Property Owner Exhibit 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Developer 4b. Name: Julian Rawl 4c. Business name (if applicable): Highcroft Investors, LLC 4d. Street address: 100 Weston Estates Way 4e. City, state, zip: Cary, NC 27513 4f. Telephone no.: 919 - 481 -3000 4g. Fax no.: 4h. Email address: bubba @prestondev.com 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910 - 256 -9277 5f. Fax no.: 910 - 256 -2584 5g. Email address: tbeasley @withersravenel.com Page 2 of 10 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 0735624026;0735613464;0735600822;0735519497; 0735610630;0735610733 1 b. Site coordinates (in decimal degrees): Latitude: 35.814828 °N Longitude: - 78.877775 °W (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: ±26.1 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to panther Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW (Stream Index: 16- 41- 1 -17 -3) 2c. River basin: Cape Fear - 03030002 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site consists primarily of undeveloped woodlands, and contains an existing single family residence. The general land use in the vicinity consists of a mixture of residential and commercial development. 3b. List the total estimated acreage of all existing wetlands on the property: ±0.6 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ±161 If 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a single family residential subdivision. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists of the construction of a 73 lot single family residential subdivision and associated infrastructure (i.e. roads, utilities and stormwater management). Standard commercial construction equipment will be used to construct the proposed project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ®No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non -404, other) (acres) Temporary (T) BMP Outfall ® P El T Fill Headwater Forest ® Yes El ® Corps ® DWQ 0.02 acres Roadway /Lots ®P ❑ T Fill Headwater Forest ® Yes ❑ No ® Corps ® DWQ 0.34 acres Cul -de -sac ®P ❑ T Fill Headwater Forest ® Yes ❑ No ® Corps ® DWQ 0.01 acres Sewer Outfall ❑ P ® T Sewer Crossing Headwater Forest ® Yes ❑ No ® Corps ® DWQ 0.001 acres 2g. Total wetland impacts 0.371 acres 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) Sewer Outfall Sewer Crossing UT to Panther F1 PER ® Corps 3' 29 If F1 P ®T Creek ® INT ®DWQ 3h. Total stream and tributary impacts 29 If 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar-Pamlico ®Other: Jordan Lake Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? B1 ❑P ❑T F-1 Yes ❑ No B2 ❑P ❑T F-1 Yes ❑ No B3 ❑P ❑T F-1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: Impacts to Jordan Lake Buffers will be permitted through the Town of Cary. 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. Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. The proposed 0.34 acres of permanent wetland impacts will occur to a small, linear wetland as a result of stormwater pipes and lot fill. Due to the location of this wetland finger, impacts could not be avoided from the road crossings. The road crossings would result in small, disconnected segments of this wetland finger. Due to the small size and linear nature of this wetland, the integrity and functional value of the wetland segmented by roads and sewer crossing would be greatly degraded. Therefore, it was determined that the functional value of this wetland finger would be better served through provision of mitigation in a larger wetland system. Therefore, 0.34 acres of this wetland finger are proposed to be impacted and will be mitigated for through the purchase of riparian wetland mitigation from EEP. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be installed around all disturbed areas to contain sediment and prevent sedimentation of downstream waters. Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.75 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. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Diffuse flow will be reviewed by the Town of Cary during permitting of ❑ Yes ® No impacts to Jordan Lake Buffers. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 27% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The Stormwater Management Plan consists of three wet detention ponds. The Stormwater Management Plan is currently being reviewed by the Town of Cary. A copy of the Town of Cary's approval of the Stormwater Management Plan will be provided to DWQ upon issuance. ® 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? Town of Cary ® Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ 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? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 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 Page 8of10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project is located within an area of Cary that has been previously developed as residential neighborhoods and the project is not anticipated to be a catalyst for future development that could impact nearby water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Town of Cary sanitary sewer Page 9 of 10 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? F-1 Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? W &R reviewed the NC Natural Heritage Program database, located at http: / /portal.ncdenr.org /web /nhp /nhp- map- viewer, to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP database did not identify any recent occurrences of endangered species or critical habitat on the subject property or within 2.0 miles of the project. Furthermore, there was no evidence of endangered species or potential habitat observed within or adjacent to the proposed project site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters classified as EFH in Wake County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? There were no historic structures or cultural resources observed within the project site during site reviews. 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? www.ncfloodmaps.com Troy Beasley - W &R Authorized Agent 11/15/12 Date Applicant /Agent's Signature Applicant /Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION WITHERS RAVEN EL ENGINEERS I PLANNERS I SURVEYOR5 AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser(s) /Owner Highcroft Investors, LLC (Client) does hereby appoint Troy Beasley / Withers & Ravenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and /or; b) preparation and submittal of appropriate environmental permit applications /requests for the Sedgefield project. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests /applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: Troy Beasley / Withers & Ravenel, Inc. 1410 Commonwealth Drive Suite 101 Wilmington, NC 28403 Tel. (910) 256 -9277 Date: Signature of Client: C�c•Cis -.ti lit./ �,a... / Gli�.r,. /�, (Name - Prin } (Title) (Signature) Mailing Address City State Zip 1 1 1 MacKenan Drive Cary, NC 27511 tel.: 919.469.3340 fax: 919 .467 -6008 www.withersravenel.com License No. C -0832 1410 Commonwealth Drive Suite 101 Wilmington, NC 28403 tel: 910.256.9277 fax: 910.256.2584 7011 Albert Pick Road Suite G Greensboro, NC 27409 tel: 336.605.3009 fax: 919.467.6008 WETLAND LOCATION EXHIBIT, USGS QUAD MAP & WAKE COUNTY SOIL SURVEY -T AL. i . "' • 1 �t Y:. _,gyp . �y. `L ' .�� i GRAPHIC SCALE 0 150 300 !; / •' -rte ,. '� �,! 1 inch - o ' i I •� ,,.1 � L •� ^� � � '1 30 ft. AV . A i jl Jw • 379,;' '1 i S — R .I I'1 ♦ � .� \;��4 i +`�.� _ � _ � • - . ; Ca+rpell {y f 0 kJ_ � � 111 1 ^� � • 3S0 - j J3d - .��- Cem. - ko Ilk SEDGEFIELD SUBDIVISION LOCATION EXHIBIT WITHERS RAVENEL ENGINEERS 1 PLANNERS I SURVEYORS [ ARY %VAk I: COU-MY 14OR IIi CAKUI I -NA *� GRAPHIC SCALE A �� r _ 0 150 300 - * �. '• ,� . � �, �,� 1 inch = 300 ft. Aw ftp alp w� �r .�� d y. 'CIE - �,�_ � * ♦ � �' t 1 t 4 000r y r oop Allow I'll- ado, 40 ...fir f' •+� 44P % +'r doo, owe 10 do. Apm �• SEDGEFIELD SUBDIVISION USGS QUAD -GREEN LEVEL WITHERS RAVENEL [NFlN[[R[ ! PLANNER! ! [YIVIYals CARY WAKE COUNTY NORTH CAROLINA 1 11 I ■ 4 ice GRAPHIC SCALE .,. - 0 150 300 1 inch = 300 ft. �r t Ole :} rp SEDGEFIELD SUBDIVISION WAKE CO. SOIL SURVEY -SHEET 45 WITHERS RAVENEL ENGINEERS I PLANNERS I SURVIVOR! GARY WAK( COUNTY NORM CAROONA TOWN OF CARY BUFFER DETERMINATION LETTER June 25, 2012 Troy Beasley Withers & Ravenel 1410 Commonwealth Dr, Unit 101 Wilmington, NC 28403 ENGINEERING DEPARTMENT Subject: Jordan Lake Watershed - Urban Transition Buffer Rules Williams Tract 1800, 1716, 1712, 1708, & a portion of 1640 Wackena Rd (Real ID: 0113317, 0113387, 0004611, 0004610, 0004609, & a portion of 0409175) TCRB 12 -014 Dear Mr. Beasley: The site location map and other information that was provided, allowed a determination to be made as to whether or not the referenced site would require compliance with The Town of Cary Urban Transition Buffer (UTB) Rules. This project is referenced by the Town of Cary as TCRB 12 -014 and includes three channels as depicted on the attached maps. Feature 'C' was not reviewed in the field since it was previously determined to be not subject under a recent field call. The table below summarizes the stream determinations made in a site visit on June 20, 2012 for features `A' and `B'. This determination is valid until June 20, 2017. Reference ID USGS Map (100 Ft. Buffer) Soil Survey Map (50 Ft. Buffer) Not Subject A x B x -Be in at flag S -1 Sincerely, Gle- an Patterson Town of Cary Engineering Department TOWN Of CARY 318 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512 -8005 te1919- 469 -4030 • fax 919- 460 -4935• www.townofcary.org. Rp. INp�PN :N4R VICINITY MAP NO SCALE LINETYPE LEGEND ADJOINER — — BOUNDARY OLD INTERIOR TRACT LINE NOTE. 1. STREAM AND BUFFER LOCATION BASED ONE �� I FIELD DETERMINATION BY JAN PATTERSON WITH THE TOWN OF CARY ON JUNE 20, 2012. jN"0 maim I I I I I I WETLAND C 0 2 .3 0 I u E 0 DATE: 6-2-12 — — — — — — — — — — — — — I SCALE: 1" =200' N SURVEYED BY: RJ DRAWN BY: JJM N o CAD FILE: WL 12074 Z PROJECT NO: 02110371.00 I I o Z /o C 0 2 .3 0 I u E 0 i REVIEW AREA BOUNDARY FEATURE B SUBJECT FROM \FLAG S -1 WETLAND INTERMITTENT STREAM 0• i J 50' JORDAN LAKE /�— BUFFER — — — — — — — — — — — — / I Q �P" ; \ / Q , 6 BUFFER LOCATION EXHIBIT WILLIAMS TRACT TOWNSHIP: WHITE OAK I COUNTY: WAKE I STATE: NC I P.I.N.: VARIES GRAPHIC SCALE 200 0 100 200 400 1 inch = 200 ft. WITHERS &— RAVEN EL ENGINEERS I PLANNERS I SURVEYORS 111 MacKenan Drive Cary, North Carolina 27511 www.withemr enel.com License No. C -0832 tel 919- 469 -3340 fax:9 1 94 6 7 -6008 DATE: 6-2-12 x SCALE: 1" =200' N SURVEYED BY: RJ DRAWN BY: JJM N CHECK & CLOSURE BY: JSA CAD FILE: WL 12074 PROJECT NO: 02110371.00 i REVIEW AREA BOUNDARY FEATURE B SUBJECT FROM \FLAG S -1 WETLAND INTERMITTENT STREAM 0• i J 50' JORDAN LAKE /�— BUFFER — — — — — — — — — — — — / I Q �P" ; \ / Q , 6 BUFFER LOCATION EXHIBIT WILLIAMS TRACT TOWNSHIP: WHITE OAK I COUNTY: WAKE I STATE: NC I P.I.N.: VARIES GRAPHIC SCALE 200 0 100 200 400 1 inch = 200 ft. WITHERS &— RAVEN EL ENGINEERS I PLANNERS I SURVEYORS 111 MacKenan Drive Cary, North Carolina 27511 www.withemr enel.com License No. C -0832 tel 919- 469 -3340 fax:9 1 94 6 7 -6008 VL •` I Ir I ■ i .1 ■ ' )L. Jr 4 •r• is IL .1 �1. I L. 1 L; ' ti ol } � 1 ■1 11 ■ 1 __ I- II 1� JJujj' ; GRAPHIC SCALE 0 150 300 1 inch = 300 ft. � r Air. * II L ■ 1 4 ■ �} rye. oI I1 �l i 7 •�,~ r 'L71� I DETERMINATIONS BASED ON SITE VISIT WITH JAN PATTERSON WITH THE TOWN OF CARY ON JUNE 20, 2012 WILLIAMS TRACT BUFFER LOCATION EXHIBIT WITHERS RAVENEL ERR I■EERS 1 I'LARRERS 1 SURVEYORS ' GRAPHIC SCALE 0 150 300 AP �2 1 inch = 300 ft. 'm gas, w..Y . .- 350 _ - f PROJECT BOUNDARY i RE .A , *AIb. 411 1 7 + FEATURE B 00 0 r w p1. ♦ 4ATURE C yyP� (PFIEVIOUSLY DETERMINED TO B EQ ♦ EPHEMERAL UNDER ; .yam{ P'��1 ♦♦ DWOPROJ# Q. ♦ �. ,IJB /IPRR0311 -170) - ,� �. � Ite WILLIAMS TRACT USGS QUAD -GREEN LEVEL WITHERS RAVENEL LNG INEERS 1 PLANNERS I SURVEYORS '•fl "1=1 i1'::Y 46 i i 4 rI w s �y 1 y 1 GRAPHIC SCALE r _ U 1.i0 300 1 inch = 300 k. 7-,� 0p, WILLIAMS TRACT CARY NORTH IV' 11 Ivn L ws-E WAKE CO. SOIL SURVEY - SHEET 45 e WITHERS &— RAVENEL ENGINEERS I PLANNERS I SURVEYORS EEP LETTER OF ACCEPTANCE F sus a PROGRAM November 5, 2012 Julian Rawl Highcroft Investors, LLC 100 Weston Estates Way Cary, NC 27513 Project; Sedgefield Subdivision Expiration of Acceptance: May 5, 2013 County: Wake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state federal or local povernmenermits reeulations or authorizations associated with the proposed activity including SL 2009 -337• An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011 -343. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CA A permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies. Impact River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non -Ri arian Coastal Marsh Cape Fear 03030002 0 0 0 0.37 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 716 -1921. Sincerely,, IL ` -S°uzanne Kli nek Acting Director cc: Karen Higgins,1\1CDWQ Wetlands /401 Unit Dave Shaeffer, USACE- Raleigh Troy Beasley, agent File u North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 -715 -0476 / www.nceep.net IMPACT EXHIBITS I I � i I I / � .� ,,.,,1111•.... �I � �.��� ��� � � � IIIIIf11�1s•�11j f1•� _ ` �� i � �. �,� AID' �= ' ♦��+� i111j�1fj11, 1� � ►• � � �� �� ��t`` � �:, � � �� -.f 111 1.f•.. IV 1 :r METMI ♦ \ ���itf11.,�•, F40.2 ; �i •' �`�,'`•'s' X11 0 NA •1 IO�Ip� ♦ ��� I JIM OAF MAMA a see WITHERS R"ENEL _ __ ENGINEERS I PLANNERS I SURVEYORS IMPACT SUMMARY BMP OUTFALL WETLAND PERMANENT IMPACTS: 963 SF ( ±0.02 ACRES) CUL -DE -SAC WETLAND PERMANENT IMPACTS: 279 SF ( ±0.01 ACRES) SEWER OUTFALL WETLAND TEMPORARY IMPACTS: \ \ \ 64 SF ( ±0.001 ACRES) i / ZONE 1 UTB • • • • • • • • • • . �T iL �`- IMPACTS: 1,819 SF F i ��P� / ���� / IMPACTS: MPAC 1,052 SF / STREAM IMPACTS: 29 LF CUL-DE-SAC LS (TEMPORARY) S ST 0 N ,�'i Y ........ �............ I i r EWE R - 6UTFALL IMF T / I I SEWER OUTFALL- D­ " W &R 1e 1' = 50' SEDGEFIELD Drawn By Date ,p„ WAR 0812 HIGHCROFT INVESTORS, LLC North Carolina BMP OUTFALL IMPACT MAP #3 SITE DATA LOCATION: 1800 WACKENA ROAD CARY, NC PIN #: 0735 -62 -4026, 0735 -61 -4322, 0735 -60 -0822, 0735 -61 -0733, 0735 -61 -0630, 0735 -51 -9497 SIZE: 26.16 ACRES LAND USE: 73 SINGLE - FAMILY MIN. 8.000 SF LOTS NOTES: W &R COMPLETED WETLAND/ STREAM DELINEATION ON 06- 25 -12. NO FEMA DESIGNATED FLOOD HAZARD AREA EXIST PER FIRM #3720073400J DATED 05- 02 -06. GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft WITHERS &- R"ENEL Li ENGINEERS I PLANNERS I SURVEYORS 111 MaC Ke Drive Ca North Carole 27511 td 91946 3340 fa 91 -6008 �wwv withersravenelcom