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HomeMy WebLinkAbout20201232 Ver 2_ePCN Application_20210512DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form April 4, 2021 Ver 4 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* C Yes ( No Change only 1 needed. BIMS # Assigned* Version#* 20201232 2 Is a payment required for this project?* ✓ No payment required ✓ Fee received 6 Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review la. Name of project: Aspire at Cary Pointe -Modification la. Who is the Primary Contact?* Deborah Shirley lb. Primary Contact Email:* dshirley@sandec.com Date Submitted 5/12/2021 Nearest Body of Water Panther Creek Basin Cape Fear Water Classification WS-IV;NSW Site Coordinates Latitude: 35.813026 A. Processing Information What amout is owed?* r $240.00 6 $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone lc. Primary Contact Phone:* (919)846-5900 Longitude: -78.875390 County (or Counties) where the project is located: Wake Is this a NCDMS Project ✓ Yes G No Is this project a public transportation project?* ✓ Yes 6. No Pre -Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes f• No ID# Version 20201232 Version 2 Pre -fling Meeting or Request Date 4/8/2021 Attach documentation of Pre -Filing Meeting Request here: Dick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf Re type rust be FCF la. Type(s) of approval sought from the Corps: f7 Section 404 Permit (wetlands, streams and waters, Clean Water Act) I— Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r: Yes ✓ No Please provide the date of the previous submission.* 10/21/2020 1b. What type(s) of permit(s) do you wish to seek authorization? 17 Nationwide Permit (NWP) r Regional General Permit (RGP) I— Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 6 Yes r No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: I— 401 Water Quality Certification - Regular I— Non-404 Jurisdictional General Permit I7 Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: lf. Is this an after -the -fact permit application?* ✓ Yes 6 No 52.6KB I— 401 Water Quality Certification - Express r Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes 6' No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment 1 h. Is the project located in any of NC's twenty coastal counties? ✓ Yes ( No 1j. Is the project located in a designated trout watershed? ✓ Yes 6'No ✓ Yes r No ✓ Yes t No B. Applicant Information Id. Who is applying for the permit? r Owner I7 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* (' Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Balaji Commercial, LLC 2b. Deed book and page no.: Book: 017061 Page: 01502, Book: 016683 Page: 01360 2c. Contact Person: Ashok Biyyala 2d.Address Street Address 1058 Kennicott Ave Address Line 2 aty State / Rovince / legion Cary NC Postal / Zip Code Country 27513 USA 2e. Telephone Number: 2f. Fax Number: (919)454-4961 2g. Email Address:* abiyyala@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Ryan Klaff 3b. Business Name: BRG Route 55, LLC 3c.Address Street Address 104 Hume Avenue Address Line 2 atY Alexandria Fbstal / ZZp Code 22301 3d. Telephone Number: (703)244-1161 3f. Email Address:* ryan.klaff@bonaventure.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil and Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Suite 104 Address Line 2 ally Raleigh Postal / ZZp (ode 27615 4d. Telephone Number: (919)846-5900 4f. Email Address:* dshirley@sandec.com Agent Authorization Letter* SEC Agent Authorization Form Applicant - EXECUTED 2020.09.14.pdf State / Bovine / Region VA Country USA 3e. Fax Number: State / Province / legion NC Country USA 4e. Fax Number: (919)846-9467 101 62KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality/ town: Cary 2. Project Identification 2a. Property Identification Number: 0735701815 & 0735605736 2b. Property size: +/- 8.22 2c. Project Address Street Address 2525 Morrisville Parkway Address Line 2 Qly State / Bovine/ FOgion Cary NC Fbstal / ZZp code Country 27519 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Panther Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV; NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020605 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Existing conditions onsite consist of forested land. There is one (1) perennial stream feature (SA), one (1) intermittent stream feature (SB), one linear wetland (LW1), and two (2) wetland features (W2 & W3). SA runs along the southern property boundary with adjacent wetlands W2 and LW1. SB runs along the western side of the property with W3 at its headwaters. General land use in the vicinity of of the project consists primarily of residential developments with some commercial development just to the south. Morrisville Parkway bounds the property to the North and Highway 55 bounds the property to the East. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 6 Yes C- No C- Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). NCDWR: 401 Water Quality Certification Approval dated December 3, 2020 (DWR# 20201232). USACE: 404 Nationwide Permit 29 Verification dated 10/30/2020 (SAW-2019-02253). Project History Upload 20-1232 Cary Pointe_401_Wake.pdf SAW-2019-02253 signed NVVP verification.pdf 553.15KB 4.98MB 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Cary Point USGS 2019.pdf 2.57MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Cary Point SS 2019.pdf 831.8KB 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 0.44 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 915.54 LF 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct a residential development and its necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project consists of the construction of an age restriced Residential Development, including but not limited to roads, parking, residential building, amenities and utilities. Specifically, there is one (1) road crossing that impacts a wetland and a stream, one (1) area of lot fill that impacts a wetland, and one (1) utility crossing that impacts a stream. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 4j. Please upload project drawings for the proposed project. Cary Pointe Impact Map set.pdf 2.5MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* ✓ Preliminary r Approved r Not Verified r Unknown f N/A Corps AID Number: SAW-2019-02253 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Steven Ball Soil & Environmental Consultants, PA 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE: Field determination was completed by James Lastinger on December 12, 2019 and PJD was issued on April 1, 2020. Riparian buffer determination and site visit was completed by Eric Kulz of the Town of Cary on March 30, 2017 (TCRB 17-005). 5d1. Jurisdictional determination upload SAW-2019-02253 signed PJD.pdf TCRB 17_005_Morrisvi I le_Pkwy_at_NC_55. pdf 6. Future Project Plans 6a. Is this a phased project?* ✓ Yes r No 5.19MB 3.51 MB Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory U 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 17 Wetlands fJ Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts ❑ Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* Impact 1A Road Crossing (RipRap Dissipator) P Headwater Forest W3 Yes Both 0.003 (acres) Impact 1C Lot Fill P Headwater Forest W3 Yes Both 0.010 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.013 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.013 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact * 3d. S. name * 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width * 3h. Impact length* S1 Impact 1A-Road Crossing (Culvert & Headwalls) Permanent Culvert Stream B Intermittent Both 4 Average (feet) 115 (linear feet) 32 Impact 1A-Road Crossing Dissipator Pad (Permanent- no permanent loss) Permanent Other Stream B Intermittent Both 4 Average (fee) 34 (linearfeet) S3 Impact 1A-Road Crossing (Construction Access) Temporary Other Stream B Intermittent Both 4 Average(feet) 10 (linear feet) S4 Impact 1 B-Utilty Crossing Temporary Other Stream B Intermittent Both 4 Average (feet) 32 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 149 3i. Total stream and ditch impacts: 191 3i. Total temporary stream impacts: 42 3j. Comments: Total Permanent loss stream = 115 LF (460 SF); Total permanent -no permanent loss stream = 34 LF (136 SF); Total Temporary stream = 42 LF (168 SF); Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. Riprap dissipator pad to be constructed such that post -construction elevation not to exceed pre -construction elevation of the stream (i.e no permanent loss). E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a detailed wetland and stream delineation for the entire property in order to identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable. To summarize the justification for modification request, the Town of Cary Transportation plan review team required the shared access drive alignment be shifted 60' to the south to more accurately meet the requirements set forth in the previously approved PDD case (19-REZ-27 Cary Pointe PDD). Within this modification request, the wetland impacts have been reduced however the stream impacts have increased by 46 LF of permanent loss. Impact area 1A is proposed permanent and temporary stream and permanent wetland impacts for a road crossing. This crossing is necessary to serve as a single, full access drive from Morrisville Parkway. The Town of Cary required that the full access drive line up with the existing driveway on the north side of Morrisville Parkway, in addition there is an existing median from the existing drive going east to Highway 55. There are two other access drives off Morrisville Parkway however they are right in, right out only. The full access drive was designed to serve this property and any future development to the west of this property. Headwalls have been utilized to minimize impacts. The "permanent -no permanent loss" impacts for the dissipator pad will be constructed such that post construction the top elevation of the riprap pad shall not exceed the pre -construction elevation of the stream bed, additionally it will assist with velocities and stream erosion. Impact area 1 B is proposed temporary stream impact for a utility crossing. The utility crossing has been designed at a perpendicular angle to minimize stream impacts. Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. Impact 1 C is proposed permanent loss wetland impacts for lot fill. This impact is necessary per the Town of Cary Planned Development District (PDD) rezoning case Mich required a parking ration to be 1.25 spaces per dwelling unit. This calculates out as; 1.25 x 138 units = 172.5 = 173 required parking spots. Given the building footprint that was delivered from the architects, the site restrictions such as riparian buffers and street yard buffers with their associated setbacks, and the parking requirements that have to be met, this site layout has been redesigned many times to meet all requirements. Per the above requirements above and the retaining walls that have been utilized, the proposed wetland impacts have been minimized to the maximum extent practicable. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: This development proposes two (2) temporary sediment basins, multiple associated temporary diversion ditches with rock check dams, silt fence with silt fence outlets, tree protection fencing, two (2) temporary construction entrances, a concrete washout station, and gravel bag inlet protection for relevant existing storm structures and for proposed storm devices during construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes f• No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Total permanent wetland impacts are less than 0.10 acre and total permanent stream impacts are less than 0.02 acres, therefore compensatory mitigation in the form of mitigation payment has not been proposed. However the proposed project has avoided and minimized stream and wetland impact to meet the mitigation requirements. F. Stormwater Management and Diffuse Flow Plan (required by DWR) L) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? (Yes rNo What type of SCM are you providing? n Level Spreader n Vegetated Conveyance (lower SHWT) n Wetland Swale (higher SHN(f) fJ Other SCM that removes minimum 30% nitrogen n Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes (7 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ✓ Yes G No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? 6 Yes r No ✓ N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: [7 Local Government r State Local Government Stormwater Programs 7 Phase II r NSW r USMP 17 Water Supply Please identify which local government stormwater program you are using. Town of Cary Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* ✓ Yes f No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* ✓ Yes ( No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes ( No 3b. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Aspire at Cary Pointe project is a residential development. Additionally, the project is located within the Town of Cary ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Jordan Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flovJ' requirements and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements; and 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 6 Yes r No r N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Non -discharge wastewater will be generated and treated at the Western Wake WRF, which holds a capacity of 18 million gallons per day. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* ('Yes rNo 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* (7 Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* ✓ Yes r No R Unknown 5e. Is this a DOT project located within Division's 1-8? ✓ Yes t'No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 6 Yes r No 5g. Does this project involve bridge maintenance or removal? Cyes 0-No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes G No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes G No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on August 28, 2020. Responses from the USFWS must be within 30 days of the sent request date. S&EC received no response meaning that they concurred with the determinations made by S&EC that the proposed actions is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report. Consultation Documentation Upload S&EC Cary Pointe T&E Report signed.pdf 11.35MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes (No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* ✓ Yes GNo 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on August 24, 2020, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes tr No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. Miscellaneous Comments Miscellaneous attachments not previously requested. Signature * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Deborah E. Shirley Signature ,0545fc.4# Stti r Date 5/12/2021 Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandcc.com AGENT AUTHORIZATION Project Name/Description: Cary Pointe Date: September 14, 2020 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 S&EC Project # 13134 Attn: James Lastinger Field Office: Raleigh Regulatory Field Office I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 0735701815 & 0735605736 Site Address: Morrisville Parkway/Highway 55 City, County, State: Cary, Wake County, NC, 27519 APPLICANT INFORMATION: Name: BRG Route 55, LLC Mailing Address: 104 Hume Avenue, Alexandria, VA 22301 Telephone Number: 703-244-1161 Email: ryan.klaff@bonaventure.com BRG Route 55, LLC Attn: Ryan Klaff September 14, 2020 Applicant (please print) Date am. /<6.4e Appl ant Signatu We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, DWR Pre -Filing Meeting Request Form ID#* Regional Office * Reviewer List* 20201232 Version* Central Office - (919) 707-9000 Rick Trone Pre -Filing Meeting Request submitted 4/8/2021 2 Contact Name * Deborah Shirley Contact Email Address* dshirley@sandec.com Project Name * Aspire at Cary Pointe Mod Project Owner* BRG Route 55, LLC (Attn: Ryan Klaff) Project County* Wake Owner Address: Street Address 104 Hume Avenue Address Line 2 City State / Rovince / Region Alexandria VA Fbstal / Zip Code Country 22301 USA Is this a transportation project?* C Yes (:' No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit W Modification I— Shoreline Stabilization Does this project have an existing project ID#?* r Yes C No Please list all existing project ID's associated with this projects.* SAW-2019-02253 Do you know the name of the staff member you would like to request a meeting with? Stephanie Goss Please give a brief project description below and include location information.* This project is a proposed modification for the construction of a age restricted housing development and associated amenities at the corner of Morrisville Parkway and Highway 55 in Cary, NC. Existing conditions onsite consists primarily of forested land. Specifically, there are tw (2) wetland features, one (1) perennial stream, and one (1) intermittent stream feature on property. The modification for this project is for a previously proposed/approved road crossing that impacted wetlands and streams. Please give a couple of dates you are available for a meeting. 4/9/2021 4/12/2021 4/13/2021 4/14/2021 4/15/2021 Please attach the documentation you would like to have the meeting about. C-2.0.pdf pdf only 948.17 KB By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature og,e3f- atzatall Submittal Date 4/8/2021 Project Number: 13134.W7 Project Manager: Scale: 1" = 1000' Date: 10/31/2019 Map Title: Figure 1 - USGS Map Morrisville Parkway/NC 55 Property Wake County, NC Source: 2019 NC Cary & Green Level Quads 0 1,000 2,000 1 1 1 1 1 1 1 Feet S& EC Soil & Environmental Consultants, PA 8412 Falls of Nense Road. Suite 104, Raleigh. NC 27615 • Phone: (919) 846-5900 • Fay: (919) 846-9467 sand, corn Project Number: 13134.W7 Project Manager: Scale: 1" = 500' Date: 10/31/2019 Map Title: Figure 2 - Soil Survey Morrisville Parkway/NC 55 Property Wake County, NC Source: Wake County Soil Survey Sheet 45 0 500 1,000 1 I I I 1 1 1 1 1 Feet S& EC rB2 Soil & Environmental Consultants, PA 8412 Falls ofNeuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sand.: corn SURVEY LEGEND AND NOMENCLATURE SYMBOLS • EX. IRON PIPE/ROD OR NAIL • EX. CONCRETE MONUMENT • NEW IRON PIPE • CALCULATED POINT • CABLE PEDESTAL ❑T TELEPHONE PEDESTAL E ELECTRIC PEDESTAL ❑O FIBER-OPTIC MARKER E TRAFFIC SIGNAL BOX ® WATER METER - 6- FIRE HYDRANT • VALVE (WATER OR GAS) O SANITARY SEWER MANHOLE o SANITARY SEWER CLEANOUT IE STORM CURB INLET ® DRAINAGE INLET (W/ GRATE) O STORM DRAIN MANHOLE Op UTILITY POLE • LAMPPOST -0- SIGNAL POLE • GUY WIRE SIGNPOST LINETYPES - X ou- - W- - Ss - cr FENCE OVERHEAD UTILITY WATER SANITARY SEWER STORM DRAIN ABBREVIATIONS DB DEED BOOK PB or BM PLAT BOOK / BOOK OF MAPS N/F NOW OR FORMERLY Pg. PAGE SF Ac. R/W NCSR NCDOT Ex. RCP PVC (M) AG BG SQUARE FEET ACRES RIGHT-OF-WAY NORTH CAROLINA STATE ROUTE NORTH CAROLINA DEPT. OF TRANSPORTATION EXISTING REINFORCED CONCRETE PIPE POLYVINYL CHLORIDE PIPE MEASURED ABOVEGROUND BELOW GROUND LEGEND T C G TPF LOC - T - C G - W ETL W W i PROPERTY LINE LIMITS OF CONSTRUCTION TREE PROTECTION FENCE EXISTING TELECOMMUNICATIONS EXISTING COMMUNICATIONS EXISTING GAS LIMITS OF WETLANDS EXISTING WETLANDS RIPARIAN BUFFER STRUCTURE TO BE REMOVED EXISTING TREE TO BE REMOVED TREE LEGEND POP POPLAR GUM SWEETGUM SURVEY NOTES 1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 2. THIS SURVEY DOES NOT INCLUDE NOR DEPICT ANY ENVIRONMENTAL EVALUATIONS BY THIS OFFICE. WETLAND FLAGS AND DELINEATED WATERS SHOWN HEREON FROM SURVEYED FLAGS PLACED BY OTHERS PRIOR TO FIELD SURVEY. ALL RIPARIAN BUFFERS SHOWN HEREON MEASURED FROM EXISTING TOP OF BANK OF FEATURE. 3. FIELD SURVEY(S) PERFORMED MARCH 3 THRU 5, 2020. 4. SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 5. PER TABLE A ITEM #11 THE LOCATIONS OF UNDERGROUND UTILITIES AS SHOWN HEREON (IF ANY) ARE BASED ON ABOVEGROUND STRUCTURES, ABOVEGROUND VISUAL EVIDENCE, AND EXISTING MARKINGS AT TIME OF SURVEY. LOCATIONS OF UNDERGROUND UTILITIES/STRUCTURES MAY VARY FROM LOCATION SHOWN HEREON. ADDITIONAL BURIED UTILITIES/STRUCTURES MAY BE ENCOUNTERED. NO EXCAVATIONS WERE MADE DURING THE PROGRESS OF THIS SURVEY TO LOCATE BURIED UTILITIES/STRUCTURES. 6. SUBJECT PROPOERTIES ARE NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD ZONE PER FEMA FLOOD INSURANCE RATE MAP (FIRM) #3720073500J, EFF3ECTIVE DATE MAY 2, 2006. 7. THE STATE PLANE COORDINATES FOR THIS PROJECT WERE PRODUCED WITH RTK GPS OBSERVATIONS AND PROCESSED USING THE NORTH CAROLINA VRS NETWORK. THE NETWORK POSITIONAL ACCURACY OF THE DERIVED POSITIONAL INFORMATION IS ±0.07'. HORIZONTAL DATUM = NAD 83/2011 VERTICAL DATUM = NAVD 88 8. THERE ARE NO VISIBLE ENCROACHMENTS UPON THE SURVEYED PROPERTY BY IMPROVEMENTS ON ADJACENT PROPERTY OR ON ADJACENT PROPERTY, STREETS OR ALLEY BY ANY IMPROVEMENTS ON THE SURVEYED PROPERTY, PARTY, WALLS, CONFLICTS OR PROTRUSIONS. 9. THE SURVEYED PROPERTIES ARE THE SAME PROPERTIES AS DESCRIBED IN FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT #091059510, WITH AN EFFECTIVE DATE OF MAY 14, 2020 @ 8:00 AM AND THAT ALL EASEMENTS, COVENANTS AND RESTRICTIONS REFERENCED IN SAID TITLE COMMITMENT OR VISIBLE FROM A PHYSICAL INSPECTION OF THE SURVEYED PROPERTY OR OTHERWISE KNOWN HAVE BEEN PLOTTED HEREON OR OTHERWISE NOTED AS TO THEIR EFFECT ON THE SURVEYED PROPERTY. 10. NO EVIDENCE OF RECENT EARTH MOVING WORK, BUILDING CONSTRUCTION, OR BUILDING ADDITIONS OBSERVED IN THE PROCESS OF CONDUCTING THE FIELDWORK. 11. NO PROPOSED CHANGES IN STREET RIGHT OF WAYS LINES, IF SUCH INFORMATION IS MADE AVAILABLE TO THE SURVEYOR BY THE CONTROLLING JURISDICTION. NO EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS OBSERVED IN THE PROCESS OF CONDUCTING THE FIELDWORK. DEMOLITION NOTES 1. ALL UTILITIES OR STRUCTURES NOT DESIGNATED FOR REMOVAL OR MODIFICATION ARE TO REMAIN AND BE PROTECTED FROM DAMAGE. 2. ALL DEMOLITION WORK SHALL BE PERFORMED WITH "DUE CARE AND DILIGENCE" SO AS TO PREVENT THE ARBITRARY DESTRUCTION OR INTERRUPTION OF CONCEALED UTILITIES WHICH ARE INTENDED TO REMAIN IN USE AND THE ROUTING OF WHICH COULD NOT BE PREDETERMINED UNTIL DEMOLITION WAS STARTED. ALL SUCH DISCOVERIES OF UTILITIES DURING THE DEMOLITION PROCESS WHICH ARE IN A LOCATION DIFFERENT FROM THAT INDICATED OR ARE UNIDENTIFIED SHALL BE REPORTED TO THE OWNER, ENGINEER AND ARCHITECT BEFORE REMOVAL FOR FINAL DISPOSITION. 3. ALL WASTE MATERIAL GENERATED FROM DEMOLITION WORK, TO INCLUDE BUILDING ASBESTOS ABATEMENT, SHALL BE DISPOSED OF OFF SITE IN ACCORDANCE WITH CITY OF DURHAM AND STATE REGULATIONS. 4. SALVAGEABLE FILL MATERIALS FROM SITE DEMOLITION DETERMINED TO BE ACCEPTABLE BY AN INDEPENDENT SOILS TESTING LABORATORY SHALL BE UTILIZED FOR FILL MATERIAL WHERE APPROPRIATE. 5. ANY NOTE, OR REFERENCE TO ANY ELEMENT, WHICH DOES NOT SPECIFY ACTION BY THE CONTRACTOR SHALL BE CONSTRUED AS INFORMATION ONLY. 6. CLEAR AND GRUB ALL AREAS TO RECEIVE PAVEMENT/STRUCTURES AS REQUIRED BY SPECIFICATIONS. 7. ALL STRUCTURES/UTILITIES DESIGNATED FOR MODIFICATION SHALL BE PROTECTED BY THE CONTRACTOR DURING CONSTRUCTION. 8. STRIP TOPSOIL, CLEAR AND GRUB AS REQUIRED WITHIN CONSTRUCTION LIMITS. STOCKPILE TOPSOIL WITHIN CONSTRUCTION LIMITS FOR REDISTRIBUTION AFTER FINAL GRADING OPERATIONS ARE COMPLETED. 9. BOUNDARY SURVEY INFORMATION WAS TAKEN FROM A MAP SURVEYED BY NEWCOMB LAND SURVEYORS, PLLC ON MARCH 3-5, 2020. 10. CONTRACTOR IS RESPONSIBLE FOR THE COORDINATION OF AND DISCONNECTION OF ALL EXISTING SITE UTILITIES, IF NECESSARY. 11. THE GENERAL CONTRACTOR SHALL EXERCISE CARE AND CAUTION DURING THE CLEARING , GRUBBING, REMOVAL OF TREES, ETC. SUCH THAT THE ADJACENT PROPERTY IS NOT DISTURBED, REMOVED OR DAMAGED. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SAFETY AND SECURITY FENCING, AT ALL ADJACENT PROPERTY LINES, IN ORDER TO PROPERLY SECURE AND PROTECT THE SITE. 12. ALL WORK IN THE EASEMENT AREAS ARE TO BE CONFINED TO THE EASEMENT WIDTHS. ALL PIPE REPLACEMENT WORK, WHEN REQUIRED BY PIPE DEPTHS AND EXCAVATION, SHALL BE PERFORMED WITH THE USE OF TRENCH BOXES. ALL EXCAVATIONS, UTILITY AND GRADING WORK, SHALL BE IN ACCORDANCE WITH ALL LOCAL, STATE AND FEDERAL RULES AND REGULATIONS. 13. ALL EXISTING CONCRETE, PAVEMENT, LANDSCAPING, LIGHTING OR EXISTING SITE FEATURES ON ADJACENT PROPERTIES SHALL BE REPLACED AS DEMOLITION, GRADING AND UTILITY WORK DICTATES . 14. THE GENERAL CONTRACTOR SHALL PROVIDE ALL SAFETY AND SECURITY FENCING, BARRIERS, PROTECTION MATERIAL AND METHODS AS REQUIRED TO COMPLETE THE OFF SITE WORK IN A SAFE AND TIMELY MANNER. 15. COORDINATE UTILITY REMOVAL AND REPLACEMENT SCHEDULES AND REQUIRED WORK DURATIONS WITH THE OWNER'S CONSTRUCTION REPRESENTATIVE. WETLAND NOTES 1. PRELIMINARY JURISDICTIONAL DETERMINATION PROVIDED BY SOIL & ENVIRONMENTAL CONSULTANTS (S&EC) ON OCTOBER 24, 2019. (S&EC PROJECT # 13134.W7). WETLANDS ARE LOCATED ON THE SUBJECT PROPERTY. 2. ARMY CORPS OF ENGINEERS IS IN PROGRESS OF ISSUING A WETLAND DETERMINATION WITH UNKNOWN DATE. 3. CORRESPONDENCE WITH THE ARMY CORPS OF ENGINEERS HAS BEEN INITIATED REGARDING THE REQUEST FOR A 404 (CLEAN WATER ACT, 33 USC 1344) TO BE ISSUED FOR THIS DEVELOPMENT. 4. CORRESPONDENCE WITH THE NC DIVISION OF WATER QUALITY HAS BEEN INITIATED REGARDING REQUEST FOR A 401 WATER QUALITY CERTIFICATION TO BE ISSUED, PERMITTING FILL MATERIAL TO BE PLACED IN THE DESIGNATED WETLAND. 5. WETLAND AREAS SHOWN ON C-1.0 ARE EXISTING LIMITS OF WETLANDS. WETLAND AREAS SHOWN ON ALL OTHER SHEETS ARE DELINEATED AFTER IMPACTS, IF ANY. 19,332 SF (0.444 AC.) ± EXISTING TOTAL ONSITE WETLANDS - 589 SF (0.014 AC.) ± WETLANDS TO BE IMPACTED = 18,743 SF (0.430 AC.) TO REMAIN AND BE PROTECTED CURVE TABLE CURVE LENGTH RADIUS BEARING CHORD C1 20.16 1423.35 N 55°21'31" E 20.16 C2 409.62 1423.35 N 64°00'34" E 408.21 C3 38.90 1423.35 N 73°02'13" E 38.90 C4 168.67 1861.47 N 76°24'54" E 168.62 C5 58.00 40.00 S 47°43'33" E 53.05 a \ �_TOWNLIMIT/ZONINGLINE EASEMENT / SLOPE MORRISVILLE PARKWAY / "� �Illllil�� (B. LIMIT/ZONING IT/ PG. G L / EX. RECLAIMED � B.M. 2012 PG. 301, - - - - JO TOP:357.10' -sD VARIABLE WIDTH PUBLIC R/W TOP: 362.43' LIMITS OF e' TO BE ABANDONED e+ \ WATERLINE IN:348.10' - S 6'S,e ALL EX. PAVEMENT MARKINGS EX. RECLAIMED \ SD- -e_ O� - - BLOWOFF OUT: 348.000� - - � OUT: 356.33' CONSTRUCTION - 3' TOC UTILITY \ \ 1-L,+3881__TFFEX.1_,UARDRAIL,TOBER_______4,EMOV6_,E1, UARDRAIL,TOBEREMOVED, BETWEEN THIS POINT ANDWATERLINE VALVE -SD- THE HWY 55 INTERSECTION�(TYP.) EASEMENT�o _�� SHEET-2.0 FOR PROPOSED ASPHALTCENTERLINE- OD'- (BM 2012, PG 301) - � \ 3'TOWN OF CARYUTILITY ATION FNRDWITHIN EASTBOUND TRAVELSO TO BE ABANDONED = 1/2" IRON GREENWAYw� �EASEMENT TO BE REMOVED BY MILLING,- OOl- - PIPE 1/2" IRON TOP:350.50'- _ �1-1/2" IRON �12; \B.M. 2012PG.301_ U\ REFER TO SHEET RW-1.0 FOR EX. GUARDRAIL, TO BE ' °- �- M -VA345.72' SIN-PIPESET`� PAN-�5/8"IRON ° \ TO BE ABANDONED�GV X'350 // REMOVED, SEE SHEET _ - --f_ _ _5-i• -° �° ° ° B.M301, EX. GUARDRAIL NEW PAVEMENT MARKINGS --_=_- - `1ON -OUT:345.69' E• X. FHA, TO BE RELOCATED OR REPLACED IF - _= PIPE 0.2'BG_L5A- -S 89°15'S4" E22722'TOREMAIN C-2.0 FOR PROPOSED _ = ��_ �-1'= -- IPESEMORE THAN 20 YEARS OLD. TO BE FIELD VERIFIED. _ �� - - �-p�E - -_'_ -�iii\,:ii\2p.E,:Rs:0Eic,N\\\\\\\\\\\\ \ ` \ DROP INLET LOCATION OF NEW WV - - -_ / C - 13" ` E PINE 15^ 2 - Y - - - - - _= - -�S --- 1\PIN11"10" �- % � �-TOP(GRATE): 343.82'GUARDRAIL1/2" IRON= - INV.OUT: 340.15'- /LOG- IPIE \ PIPE SET ' \13TNE - 18"RCP ,INLET TOO.. %S 89°28'13" E 289.48'� \\ �91 \\�ENT PINEP 14.. \k.'/ i \, \_\\13J\\GU\ 1 .. _ NE...- /�BE REMOVED, SEE / �BYNE v/ / \��OSHEET C-4.0 \ \10 0�PINE /�11�4"- - i/// \F3'TOCUTILITY \ PINE PINE14E� PINE / -2�9��DRAINAGE � �� ji i/%(\ \ I (BM212EASEMPG303)\d\.//1\\\\ //\\\ \\\\I\11\\I / 2- /P\ t�`••` , / /j/ iiii I VARIABLE WIDTH \ \ \ - - / YC - - - _ �IIAL) F`�4E ✓ \ I / . • EASEMENT �/ ���// TO BE ABANDONED di TREE - - - / - - / ��� \ \ / \ \ III \ \ I B.M ._2012 PG. 2092" IRON SLOPE EASEMENT I I \ \ � PROTECTION / \ / / / / I I I \\I 1 \ \11 I \ I I / I (BM 2012, PG 303), 1 I - - \ / I \ \ \ \ \ I I 1 \ \ - / ------ / PNVj/` TRACT TWO / I \ \\ PIPE SET % � I I FENCE (TYP.) � / - � \\ \ \ I TOP:343.30'� I / / /TO BEABANDONED ot��� \\ - � � I\ \ \\ \ \\ � / / /� II 1 I 11 "',��\ \ \\\ \ \\I \ l - - _ IN:339.34' >-20" \ \ \ \ ll P \ \ OUT:339.26' WETLAND / \ PINE' - - -PIN: 0735-70 4901 // / �// % I \ \ \ \ I \ /21" �� I l - - - �INE�1\ \\\ \ \ \\\ / ' �-- ±64LFC&GTO �FLAGS/�� iii / � 1 I I I �-�/ // ��\ 1433AC88,828 F // /� \ 1 \ �1��U���Y� � �\ � \ � �----\\ IIIII II - - _ BE REMOVED / � / ��\ \ \ \ \ / /� \ \ \ I \ \ / I \\I I I I I \ .„sp.- - ��• �42' FES' 1g) \ \ 3727 N.C. 55 HWY./ � / / /\ \ � 60 \ \ 1 I IIII I \ ± ��; 325.8' /, A� / \ - - - - \ ZONING: PDD �/\ \ \- / / / II \\ \ \ I I IIII _ 443 SF SIDEWALK L 18" 17" \ \ \ / \ / \ TOP: 338.92' r__ �� �� I` / / _ - i !\ / / // / \ \ \ / / / /� I \ \ \ \ �\ I IIII I I \ / IN: 334.38' TO BE REMOVED � G // I fir- l �„ I / PINE/// � / / I \PINE \ 10' PRINCIPAL USE \ IDTH - - _ / �'� --- \ \ / / \\ 0 1\1 IIII $,, VARIABLEw /� (I 6' I / I / \ S --_ ----' / \ - \\\1 ` Z OUT: 334.30' 3' TOC UTILITY ,, NED 1'� �"'/� rPl U // / / \ \ \ \ \ \ \ \ \ SETBACK FROM UTB i \ 1\ \ \ / / i( �I \ \ \ _ / /7 (� \ \ \ / r - \ '\ \ \ \ \\I I I \ // ; gLOPE EASEMEN ��.r W 1 I / � � \ \ EASEMENT336.3'%TO BE ABp`NDO �`��I W 12" TRACT ONE / / \ \ \ \ \`` I j 1 \ 1 11111 I I / / \ / / \ \ \ \ 5' ACCESSORY USE/VUA \ PERMANENT ro I I •�iri /1 / 0' W 25' d!N I \ \ PIN: 0735-60-8872 - SETBACK FROM UTB u► \ \ DRAINAGE EASEMENT I I I ± 2,291 SF ASPHALTb /2/0..pp'p PIMP 4 Iv 1 PIN I I \ \ /at \ I I I I TO BE REMOVED P E / ram- PINE I W I I \ 205,519 S.F. ( \ \� ` 199�7� /� \ ti_ /�I\ \ \ 1 DB 10176, PG 504 I ro I I I I I I IIIII D T I \ / / \ 11 I I ? 1 1 I - \ \ 100' TOWN OF CARY \ \ r1 l� = �I I I III I , g i9°/ ,t/ ks 10" y� ,j.� I I 1 I I I I I \ \\ \ N.C.55 HWY.� \ \ - - - - - v - - - URBAN TRANSITION / I \� � �.:'� �� i� -_ III I I� I IIIII I I �_ I ±62 LF C&G TO ""•A, � / �I�.l •OP i� I I \ \ \ -ZONING. PDD - - - BUFFER (TYP.). .,. ���' � ����_���// ��1• /• • • � ! �!�� i \ iZII�VE � -24" RCP � I I ' I I � III I I BE REMOVED i •�• '�� IN �� /1 / / I 3 - - - c �i / _ I I I II 0 •I I I 1 \ / \ \ _ So � \ � ,� /� � / � / � �► LC �i� F� • • i � i i � iii► �' >'►�E�� I I I I \\\\\\'\\\ III ����/91�� � / / / I I I � ,.\\ /�i`1►ii'����h�ir►,E lC�iihZ`�:► •!i'1����i'�ri � � _\I3,437 SF 51 SF SIDEWALK• 7n ) r. �v��,� �Il.,,,�W A 18") I `'1� 18 \ /\.\-.� �-�i/�� ���������?G �O � �����1�'.'I ll�a�r'��'�������i ���. I I III -o • LIMITS OF - _ E....�_...,� - - � IIII�lllllllll III •' I �� III IIII IIIIIIII I �'L I \\I \IIIIIIII III . I70Ci1 \\\\\\\\I I I II I C31 ///// //1/1/ 024 kix:181) 0 *4 gods v ��rp�Ir 'ram �� i • : , H� \ \ - - - - _•• _ _ SLOPE/.471.*vim; 4 �y��'s� •_ g / \ / EX.RIPARIAN - URBAN TRANSITION -GUN I KUG IIUNi�il%%u �i� -�a•- �i`�����uKr DI Zz ll ��j/'!/ ;/i - BUFFER ZONE2 (TYP.)• �' i �` !"-II��,,•?431 rTO/ r144A 000.4471:S .t/ 1E1/ / FLAGS WETLAND EASEMENT / YJN �/ S• • 19r I- BUFFER (TYP.).-'.•�• •�1tI • TO BE REMOVED 345 AK // l �fiIli 'OI\ - - tilt �i'i�1/'��1�•�iis•i-+�i�D�llUiii12CMP�y�►B.M.2012PG.209 /iyG;,1 340' (TYP.)_lb*.�f►/�V•/�•j•�1ieeii S,liii�lilll•ii 342.3'r�it►�f ///�../l STREAM\ / �j �5�.- -/•/J�f/ . i�•:.i��i�►7 figi i i! 6.� �1! �►. i Nl� ;�•�/IIIIIIii 50 //l� 19 / /� __a w•�r,•••TOWN LIMIT/ZONING LINE__ `��`•i=i!�` -�I)iF�1'ii�?iilii�q, ( ► fi�!!�►iii•iii•iii •�a�•!c1 1� ► ►ii�`4•iii•�II•�:!!•iili`y! �I �li�kU U W J �\ IIII IIII I /%� 3 / /// // / // OAK // i '� �W . �i! I (TYP.) B.M. 2020 PG. 661) - '�� T �� - - \ - -� �� hW •- ' ��� \• •�� �� %L C /!:� • �'' .7 " �� �i �� S i i i / w "Ir \u� / I IIII /i• �� / / !/1 �ti 7i► l"�. -! S -- - �� r ' • • `�-• • �I !- , �/ • • . • • (R; • O dYI ?s`''J►•�►i i oiiiili•yi i__ __ _iiij5�l�lri'i�3i61�` + `!- 9 '1�-��i • • �" 42 AW► Ili\ ' I( /j,a2" �LII 1 SD- ▪ /// - - /// / \� / /iii ��i/1,.N►\ 2-.. �-'o.�.�._ ;,��-i•i�i�♦a�`,•�v. i �iJil�i•i�I•t�Mi`�I�i•i•!•idi•=iiii� �►� E�l�i�i•�.338.3�11�,�IY. d // �/�/ / .\ 11•IJ �i�,L' P I ' • �ii_l,�Si!!W ; _ iii*'1!=iaQ 'i�.•ie�'y�iiiiii'�ii��.` C !i• •d•i9itiiiif�jJli,. ��-!S'� 91IJ1�• itiiiiE`�D�i?►•'Ja��1Z3ri +ii�iis 'ems ice• � te' �•i�• 'UIfl 1IIdflMD� I\11�\�/ //J //i / /// \ 19 \ lI/Ih'*�►•i� �'�\ o'K 1 \ \ iii�l7�i�-•! �_� �"•w�tll/�i�i��23•�`+ii iC•�ii�! Aii���il+ _!(�i'iiG�i'l1lS � ►-�i(�i' F•fi�=�i'.�i•-� s•�li1�V/l:U_Jp�II..��1(�,� - / // / / // v GUM 93.42. • i I . i i'i 1 I �� �" �� '7 �� EX. WETLAND • i i' i i �/ • ��V `w � i '- z z �'�a'E'+Si1 S �" • - =a• `��' 6 - = - _ �TIJ �li/i" / 1/2" \ROM ��/ • /� / l il�I'!► ��OtiGl:aGa••O •►-•�•�0.:ai•O !:!!!•ii(f6•••la-1 Z►-zcG�i(L>!•♦�C�hc_`��r_-���i��s�•__�,c:__�e_---•� %, / / // • 'LI�� \ EX. STREAM \ CHAMPION TREE B ` � ' EX. RIPARIAN 1 i� Cr •�� ;�7^_.! �� \• 15,895 SF • � �'-�`G-G��' z/����/�, ��\ \ 37" OAK ✓ • Q o z �/ C �`- _ ji • _�►' wi;y-,� iS • • � �' �fI' i �i •• .II`�o r •� ' rL .., S 89°1 T10" W 393.22 '�i "3 �L31 �" • 1`JI'W'V / •4404 �L•/ • IIII �► TOP OF \ -j ! Q z , ��� •`• BUFFER ZONE 1 Cam' �' �� Ct ' (0.365 AC) ���i1.All���e` \ Cifizwww ••t!4-.i.;,i� Jib► � ifi9•!i•�i/ Ili•,.��L• ►�1/•i•1-► -,�Oii�i�J_iQ♦Szi=i�!;�.+sy-y���r:�iG;i.�Y i-Z2y�pu,ims11�1 II / ^�+ " / • �►il/ �� BANK (TYP.) \ X I A IAN ! ;�:+1 �G�! ��' \� i7 �• (TYP.) . �r e/4i�,� `*. �-- "� C i' i �� ! • i i ! ll l / / lei 0► (�►• �•O OG•�y'i.s•e •_ !►.� a ���a,��•z•ti!,N��©�iii� ,ii,••�i►,;�1i•e ��C 1•••••••••i•••ii,iir.5i_:r/ 1))))I 45'/ / l l; / •�► • �l► I*�•: G •G� •j' •� �► 't • C • i .. _�♦ ,���• • 'r 0=' A! • • , •, �J •�• G A • ! ! r/ • • i i G • • 0�•�•�•�•�•�• • • • i�i��1�i�1�i��?sir_•��_si���►�E�%3si�+li.��1i / /// 3 //'•� ��%/, •• y ��/ ••�• si�'•��SE�i1�►�'�1iii\�►�, a.��ri �� •r► i•!�`i��l r r/i �i/rliO�Iii�li� •iii\IJ - - , / l l `!lVi i�� • �Ui•ivt►� I i•Ci�ri�PwiZ, IciirG ISwr -411- -`4=z!'i•i�i�►�i�o •.0 4, e,-4tr- v0.0.10 0 . list'i11iiiO3'- .0.0Ir►0.00 4.41.110.iiiii•20i / / / „,,./ Z[r ►wv wa,�►�•�`�I �D /-►�, y 1 // •.�C�i��h•.��'h•�Q�►�i► •��"• 1:���.i��i��%i�•i��%►�i�{rat►s.��r !!:iii►���iir• •�e`sci, • l�V�.3� / •��'.rw��•�•o ��•i►��•�l�i:i�•i- LINE TABLE LINE LENGTH BEARING L1 124.81 S 87°23'12" W L2 61.50 N 53°19'53" E L3 67.08 N 89°35'23" E L4 38.90 N 89°35'23" E L5 104.45 S 83°40'07" E L5A 28.26 N 89°02'48" E L6 128.24 N 53°32'40" E L7 124.03 N 04°57'00" E L8 42.89 N 04°57'00" E N1 84.29 N 88°52'22" W N2 56.16 N 39°15'11" W N3 17.55 N 5°9'45" E N4 13.69 N 53°41'36" W N5 46.14 N 17°21'30" E N6 51.85 N 11°50'51" E N7 51.14 N 5°15'6" W N8 35.72 N 14°3'1" E IPIN: 0735-60-2672 / / ////Cb �.. 261,679 S.F. 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STREAM TOP OF BANK (TYP.) EX. STREAM . (TYP.) / EX. RIPARIAN BUFFER - ZONE 1 (TYP.) EX. RIPARIAN BUFFER - ZONE 2 (TYP.) EX. RIPARIAN BUFFER - TOWN OF CARY URBAN TRANSITION BUFFER (TYP.) LOT 1 EXTRA SPACE PROPERTIES NINETY EIGHT, LLC DB 15863, PG 895 BM 1980, PG 364 PIN:0735-70-2552 ro co z 50 0 GRAPHIC SCALE 25 50 100 CONCRETE S/W TIE TO THE INTERSECTION 200 (IN FEET) 1 inch =50ft. FOR REVIEW ONLY NOT FOR CONSTRUCTION NOTE(s): ALL CONSTRUCTION SHALL BE DONE IN ACCORDANCE WITH ALL CITY OF DURHAM, DURHAM CO., NCDOT, MUTCD STANDARDS AND SPECIFICATIONS. DisIcN GOLP, PA Igineering I Consulting rifle Street, Suite 200, Raleigh, North Carolina 27601 399 I Fax: 919 848 4395 I NC LICENSE NUMBER: C-3211 #20-DP-10255 PREPARED FOR : BONAVENTURE CONSTRUCTION 7108 FERNWOOD STREET RICHMOND, VIRGINIA 23228 DATE : 6.12.2020 PROJECT ENGINEER: PDP PROJECT CADD DESIGNER: JGL PROJECT SURVEYOR: NEWCOMB LAND SURVEYORS, LLC iY, CARY, WAKE COUNT D & STREAM ONS & DEMI DATE z O w C_ O DRAWING SHEET c-1.o r PROJECT NUMBER 490-19 IMP - T F:\Public\10-Projects\400-499\490-19 Cary Pointe Senior Living Facility (Bonaventure)\20-Tech Docs\WETLAND & STREAM IMPACT MAPS\490-19_AREA 1.dwg May 11, 2021 - 10:04am BY:jleab LEGEND — — — — — WETL— LIMITS OF WETLAND W W W W W W W W W W W WETLAND AREA IMPACTED WETLAND AREA IMPACTED STREAM AREA PROPERTY BOUNDARY LINE LOD — LIMITS OF DISTURBANCE TPF TREE PROTECTION FENCE z GRAPH C SCALE ( IN FEET ) 'I inch =40 ft. /////// / ////i / /A TEMPORARY STREAM IMPACT: 10LF, 40SF i//, / / i / / / STREAM CROSSING B: u/ TEMPORARY STREAM IMPACT //// (32 LF, 128 SF) ///////%/// // /\// / %/// /2 /" // / — - — �- „UN --UM WETLAND W3 , (2,848 SF TO REMAIN) PERMANENT -NO PERMANENT LOSS:1 RIPRAP DISSIPATOR PAD TO BE KEYED IN, POST- CONSTRUCTION ELEVATION NOT TO EXCEED PRE -CONSTRUCTION STREAM WATER ELEVATION. 1 (STREAM IMPACT: 8 LF, 32 SF) STREAM CROSSING A: PERMANENT STREAM IMPACT (115 LF, 460 SF) \\ /I K� \1 ))f /// /// ////,,, / PERMANENT -NO PERMANENT LOSS: RIPRAP DISSIPATOR PAD TO BE KEYED IN, POST- CONSTRUCTION ELEVATION NOT TO EXCEED PRE -CONSTRUCTION STREAM WATER ELEVATION. (STREAM IMPACT: 26 LF, 104 SF) cv W W N//A 50• W PROPOSED CAST -IN -PLACE / CONC.xxRETAINING WALL \) /I '\I I LOT FILL C: 449 SF PERMANENT WETLAND IMPACT / / w ' ,/ \W /ROAD CROSSING B: / ti 140 SF WETLAND / IMPACTED \/ ` \ /m Q\ /N \ \ /3' V/ \v \ EX. STREAM \ \\ (TYP.) \p \ \ EX. STREAM TOP / \ OF BANK (TYP.) \ STREAM B \ \ I 't9 SS ti QQ\_ 20' PUBLIC SANITARY �— —• MI 5 - PROPOSED q _ — — SEWER ESMT.((TYP.) / // 1 SANITARY H I SEWER MAIN I-- — / / / / /w I _ / \/ <--- / \ 319- -MP FOR EXHIBIT ONLY NOT FOR CONSTRUCTION / iesO � f hai z I INSET 1 : WETLAND & STREAM IMPACTS AREA 1 0 it DRAWING SHEET 1 IMP-1 PROJECT NUMBER 1 406-18 F:\Public\10-Projects\400-499\490-19 Cary Pointe Senior Living Facility (Bonaventure)\20-Tech Docs\WETLAND & STREAM IMPACT MAPS\490-19_AREA 1_Profiles.dwg May 11, 2021- 10:16am BY:jleab LEGEND — — — — — WETL— LIMITS OF WETLAND WETLAND AREA IMPACTED STREAM AREA PROPERTY BOUNDARY LINE — — — — — LOD — LIMITS OF DISTURBANCE TPF TREE PROTECTION FENCE PNPL PERMANENT -NO PERMANENT LOSS z GRAPH C SCALE ( IN FEET ) 1 inch =40 ft. STREAM CROSSING A: _ PERMANENT STREAM IMPACT: 115 LF, 460 SF TEMPORARY STREAM IMPACT: 10 LF, 40 SF PNPL STREAM IMPACT: 26 LF, 104 SF 336 334 332 330 328 326 324 PROPOSED HEADWALL 322 316 STREAM CROSSING A SCALE 1"=40' 10 CO CO PROPOSED GRADE ROAD CROSSING B: 140 SF PERMANENT WETLAND IMPACT PNPL STREAM IMPACT: 8 LF, 32 SF 336 334 332 330 328 326 PROPOSED HEADWALL 324 322 AQUATIC LIFE PASSAGE MATERIAL FROM STORM PIPE BEING BURIED 20% DEEP 320 318 PERMANENT -NO PERMANENT LOSS: RIPRAP DISSIPATOR PAD TO BE KEYED IN, POST- CONSTRUCTION ELEVATION NOT TO EXCEED PRE -CONSTRUCTION STREAM WATER ELEVATION 316 orn of o co co co 0 0 ov COCV CO CO m o ov COCV CO CO Cr) CO rn'Cr 'Cr m N COCV CV CV CO CO 10+00 11+00 STREAM CROSSING A SCALE HORIZONTAL: 1" = 40' VERTICAL: 1" = 4' 11+50 FOR EXHIBIT ONLY NOT FOR CONSTRUCTION / / \ 10+00 90 LF @0.75% ) is - l I // T /// \. j/ STREAM IMPACT 1 (32 LF, 128 SF) STREAM CROSSING B SCALE 1"=40' EXISTING STREAM ELEVATION 318 316 314 312 90LF8" @0.75% 318 EXISTING GRADE 316 314 312 310 310 308 rn m 308 10+00 10+50 STREAM CROSSING B SCALE HORIZONTAL: 1" = 40' VERTICAL: 1" = 4' 0 DRAWING SHEET IMP-1 PROJECT NUMBER 1 406-18 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02253 County: Wake U.S.G.S. Quad: NC- Green Level NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Soil and Environmental Consultants, PA Steven Ball Address: 8412 Falls of Neuse Rd., suite 104 Raleigh, NC 27615 Telephone Number: 919-691-2114 E-mail: sball(a,sandec.com Size (acres) 10 Nearest Town Cary Nearest Waterway Panther Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.8130 Longitude: -78.8753 Location description: The project site is approximately 10 acres bordered to the north by Morrisville Parkway and to the east by NC Hwy 55, and is identified by PINs 0735704901, 0735608872, and a portion of 0735602672, near the town of Cary, Wake County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/24/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2019-02253 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. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastin2er at 919-554-4884 ext 32 or James.C.Lastin2er(a,u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 04/01/2020. D. Remarks: None. 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 participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** LASTINGER.JA Digitally signed by Corps Regulatory Official: LASTINGER.JAMES.C.1363 M ES.C.136364 642400 Date: 2020.04.01 09:38:33 2400-04'00' Date of JD: 04/01/2020 Expiration Date of JD: Not applicable SAW-2019-02253 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy furnished: Property Owner: Ashok Biyyala Address: 1058 Kennicott Ave. Cary, NC 27513 Telephone Number: 919-454-4961 APPEAL OPTIONS AND PROCESS AND FOR APPEAL NOTIFICATION OF ADMINISTRATIVE REQUEST Applicant: Steven Soil and Environmental Consultants, PA File Number: SAW-2019-02253 Date: 04/01/2020 Ball 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 I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx E of the above decision. x SECTION Additional or the Corps regulations 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 fmal 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 • ACCEPT: If you received a Standard Permit, you may authorization. If you received a Letter of Permission (LOP), signature on the Standard Permit or acceptance of the rights to appeal the permit, including its terms and conditions, permit. • APPEAL: If you choose to decline the proffered permit you may appeal the declined permit under the Corps of this form and sending the form to the division engineer. of the date of this notice. the permit sign the permit document and return you may accept the LOP and LOP means that you accept the permit and approved jurisdictional (Standard or LOP) because of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days This form must be received by C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: information. • • APPROVED JURISDICTIONAL DETERMINATION: ACCEPT: You do not need to notify the Corps to accept date of this notice, means that you accept the approved APPEAL: If you disagree with the approved JD, you Administrative Appeal Process by completing Section You may accept or appeal the approved JD or provide new an approved JD. Failure to notify the Corps within 60 days of the JD in its entirety, and waive all rights to appeal the approved JD. may appeal the approved JD under the Corps of Engineers II of this form and sending the form to the district engineer. This form of the date of this notice. must be received by the division engineer within 60 days E: PRELIMINARY JURISDICTIONAL DETERMINATION: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instruction. Also Corps to reevaluate the JD. F TO AN INITIAL PROFFERED PERMIT SECTION II - REQUEST FOR APPEAL or OBJECTIONS REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative information that the review Corps may add new information the location of information that However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: James Lastinger Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding also contact: Mr. Phillip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15 day ations. Date: Telephone number: Signature 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 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 04/01/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Soil and Environmental Consultants, PA, Steven Ball, 8412 Falls of Neuse Rd., suite 104, Raleigh, NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Cary Pointe/Balaji Commercial site, SAW-2019-02253 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 10 acres bordered to the north by Morrisville Parkway and to the east by NC Hwy 55, and is identified by PINs 0735704901, 0735608872, and a portion of 0735602672, near the town of Cary, Wake County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Cary Center coordinates of site (lat/long in degree decimal format): Latitude: 35.8130 Longitude: -78.8753 Universal Transverse Mercator: Name of nearest waterbody: Panther Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 10/24/2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) A 35.8124 -78.8748 1000 linear feet Non -wetland Section 404 B 35.8126 -78.8769 175 linear feet Non -wetland Section 404 W1 35.8124 -78.8755 0.2 acre Wetland Section 404 W2 35.8129 -78.8768 0.09 acre wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: see attached dated 10/24/19 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ▪ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U. S. Geological Survey Hydrologic Atlas: ® USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: . ▪ S. Geological Survey map(s). Cite scale & quad name: 2019 Cary and Greenlevel Quad ® Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheet45 ▪ National wetlands inventory map(s). Cite name- USFWS NWI ❑ State/local wetland inventory map(s): ▪ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ▪ Photographs: ® Aerial (Name & Date): NC One Mau undated or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. LASTI N G E R.JA Digitally signed by LASTINGER.JAMES.C.1 MES.C.1 36364 363642400 Date: 2020.04.01 2400 09:39:01 -04'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 04/01/2020 impracticable) t 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Legend Evaluation Area Potentially Jurisdictional Perennial Stream Potentially Jurisdictional Intermittent Stream Potentially Jurisdictional Wetland 50' Town of Cary Buffer 2' Wake County Contours Project No. 13134.W7 Project Mgr.: SB Scale: 1" = 100' 10/24/19 \ i.- .. " `1 i� ♦♦ , 7 e % —/ ✓ ', I I i - // _/-1•• ' //// . , t1 t/� -'\ \ i •) lam) 105 TT Pipe l r/ "ill I \♦ i i -`1 \\__ !,/ / `I , Ili1 \ II f,4'I t♦_;' j ( / / / / fF/ pi/ t 11 1 ) I / ! / ) \ / l r// '/ / / %Y,..,-,,/, ���i ��� • n i / j i i j % /,/ I 1 /--...." // f IIII I / /..1/ % // l j I I I I I In/ iL. /i// IJ , ✓ . I W2(+009ac) 1 I jf/�111 /�,�// 100 TT S01 114 TTS01 Detailed Delineation of Waters of the US Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork, and any other additional information. Approximations were mapped using topographic maps, air photos and ground truthing. If the site is going to be disturbed, S&EC's detailed delineation should be approved and permitted by the U.S. Army Corps of Engineers as required. If the user of this work desires an accurate map of the regulated features flagged by S&EC, they should retain a NC Registered Professional Land Surveyor to locate S&EC's flagging. % \ Ni•♦ ♦ \ ♦`_ /— _ �\ • , . '/, / / \\ \I I ) % I 1 I 1 ) \___ ♦ ♦ `\I� I • I I 1 \ \� — — ` /� i j /'^\ \\ \\ / % / / //1 I \ 1 \ .i /\ 1 \ \ -✓� '\\\lljllljll 1 I I \• •`♦ . / �_—'-- / / / / \ % 1 / / / I ♦_. \ \ \`�/ �/ I I \ �3 \ I1jj111111 i x \ ���� ♦♦ \\ ♦— , —. --- / ✓ / / /\ �� I 1 \ \\ / / f / / 1�—�\ 1 Y /\\ \_— — 1 , \ 1111�I1j1\ I I \—�� ♦— •`---♦��'—`♦/—/ — i---/-", i / % /\ \ ♦ ♦__�_� l / I 1 1 / / I^\\♦ ♦\�/_ - 11 1 1 11`IIII 11 \ 1 1 / / I I I 1 \ \ �`�`--- �♦� / ♦'' i / / \ ` \ / j/ / 1 / ) I / /`I l ♦ --_ I IIII IIII i`♦J/`--1__/ i ♦♦ \I\�/ / / /`\ / / l♦ \♦_ —!�� . ♦II 1\I IIII II I1�/%IIIIIl\\.� ♦� ��—� / \l _DP2 -- �^ � N I I IIi ) •�♦♦—♦l �♦ ��— / ' \ ///I\\ i /� I /\1 IIII IIIiIN k ,//1/11/\ \\� i—♦�\ —�( i A (± 1000 ft) 1 ♦ // \\�r✓i ----- ' i�/i/1/ / 111111111111 / % i / I \l\1\_ = / `♦ \\`_ `�__/ . —\ ♦�`_.------�♦♦_ — ♦ --\// I I / // //\:it I111j j11111A A _ —--.♦ A♦I,IIII 1\ I1111 1. \t / �// //�\ \♦ ♦ /\ i ✓/ `♦:`\ ♦r 1�.:!/) 111 1 \ \N 1 III IIII111lI�\♦— / i `--' ' ✓— /f 1 I. / 1 \I II 111111y )! \ - ♦♦ ��` �♦—` ` — / / /'' / \ % \ 1 11 IIII III/, / r I ♦ i //�`� ♦-- --�. `♦ `♦ i ^ --��—' /- i /` /i/^O/1 1\ \ems//II1j\j I' I I 1 I j I I I11 I "011 1111I111111\ t\\\ III 1111j111111 I, I \ / /— `— / 1 / / / _ �// — ♦ o ii1%%l11/if%/%�%/1 //nl �l�il.f///.1 i�j,//11%'I1 =�,!1/ I /�Il 1 -- ,i/ / /Il l l� 106 TT Pipe N. P! I 1 ..- -- ter/• % / /—/j l\) 1\, \ .a`♦ i' \\ I ♦♦ I \\ Ili \ r : , / i_,,. /-1--__ — —/ , \ r 1, \ `• \ /' ✓N i 1 \ r �_ • \ I \ \♦ I\ \ f/'' J 0,... '—i —♦ `O / '� / l /1 \ \ 1 •wF \__/' i'/ l \ I \ I 1N. 1 I II _/ i ✓ �\ • C : : : : : : : : : : : : :;P:, >. „ ;L — 2: --- - .::,:. .. : :-.' :-.4...... 4 7 - • 7. N. • • .:: .." / s. s. • if • / _ Ir `N. �! 01 TT PLY/ O �'Dr ,� , , ✓ / / % /„�_' _c���^= s �:+'. N. �/ / + •"i _pit' ) �� — �� // / �/ /%. ♦_�—♦` / __ i r'` Jr. Ali i_ —i / 1 /, 1 i�--♦ i �♦ // 1 Channel becomes braided in this area // ' _- __----ii_%/ ---' -♦ i// — ---- --- — ';'-{-7...../AC////".; ...- -.II'''. 7-- 100 200 400 Feet Wetland Sketch Map Morrisville Parkway/NC 55 Wake Co., NC Source: Aerials from NC One Map MORRISVILLE 111 10, f IIIIp / I/I I // // ♦ /IIII IIII ._I) I ►I I 1 i1 IIII \III\ \, I/` ,\m�� I I /-; 1IIII// 11111:11 ff 111IIj jF 1111 jlll 111 4I 111fh� MI I. OM I A1.11;41 1111% %_ I't; II A I I \' 1 \:\% I t.,•\ 1,4 rl'e 'bp NC -Center for Geographic Information and Analysis, NC 911 Board Soil & Environmental Consultants, PA H412 ball+ ,f Nacme Road, Suite I114, Raleigh, NC 27615 • Plxme: ('J19) 844-5900 • Nix: (919) 846--9467 , uider.e.nn WATER RESOURCES DEPARTMENT March 31, 2017 Steven Bail Soil and Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 102 Raleigh, NC 27615 Subject: Jordan Lake Watershed — Riparian Buffer and Urban Transition Buffer Rules Wake County Real ID # 01209471PIN10: 0735608872 Wake County Real ID # 01206391PIN10: 0735704901 Wake County Real ID # 04180771PIN10: 0735602672 3737 & 3741 NC Highway 55 and 3301 Morrisville Parkway TCRB 17-005 Dear Mr. Ball: The site location and maps that were provided allowed a determination to be made as to whether or not the referenced site would require compliance with The Town of Cary Riparian Buffer and Urban Transition Buffer (UTB) Rules. This project, as referenced by the Town of Cary as TCRB 17-005, includes features as depicted on the attached maps. The table below summarizes the stream determination made in a site visit on March 30, 2017. This determination is valid until March 30, 2022. Reference ID USGS Map (100 Ft. Buffer) Soil Survey Map (50 Ft. Buffer) Not Subject SA Origin at Flag 12 CL 3' TT CH SB Origin at Flag SO1 Landowners or affected parties that dispute a stream origin determination made by the Town of Cary may appeal the determination to the NC Division of Water Resources. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director of DWR shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. if sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street; Raleigh, NC 27604. Any appeal submitted shall be related to the origin of the stream channel and/or applicability of the Jordan Lake Suffer Rules to a stream feature. TOWN of CARY 318 North Academy Street •Cary, NC 27513 • PO Box 8005 •Cary, NC 27512-8005 tel 919-469-4030 • fax 919-460-4935• www.townofcary.org Mr. Ball Stream Determination Letter March 30, 2017 Page 2 of 2 This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. Sincerely iEW. Kulz Town of Cary Water Re ounce ;Department Project Number: 13134 Project Manager: Scale: Date: " = 1000' Map Title: Figure 1 - USGS Map Morrisville Parkway/NC 55 Property Wake County, NC Source: NC USGS 318117 Cary & Green Level Quads S& EC DOIINlON•HI HERITAGE PINE 2,000 Fee Soil & Environmental Consu 1411 F41h 01 tiewe N.wJ. Cuiic 164. Ka1<igh. tit' 21413 • Mane. (919)944.1900.1'as'. 1919) 11I1.944 Project Number: 13134 Project Manager: SB Scale: 1" = 1000' Date: 3/8/17 Map Title: Figure 2 - Soil Survey Map Morrisville Parkway/NC 55 Property Wake County, NC Source: Wake County Soil Survey Sheet 45 Soil & Environmental • nsultants, PA X {111a11•ui New. H•.s.L Xuios IN. H.1ngh, \'C 9701 t• II•une. (9191 X44.9900• Fay: 19k01 X4441$6. undc•':mn cr4,4 z 174 F. ! COƒ 0 0 0 0 !( } S& EC Soil & Environmental Consultants, PA 8412 Falls of Ncuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-590(J • lax: (919) 846-9467 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 August 14, 2020 S&EC Project No: 13134.W10 Re: Online Project Review Request, Morrisville Parkway/HWY 55 (Aspire at Cary Pointe), Cary — Wake County, North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review August 14, 2020 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of: A senior living residential development that is proposing impacts to wetlands and streams. The location of the project and the action area are identified on the enclosed maps. Morrisville Parkway/HWY 55 (35.812947, -78.875740). The site is located at 2525 Morrisville Parkway, Cary, Wake County, North Carolina. Construction will commence following the anticipated Section 404 & 401 Approvals and should be completed by the Nationwide Permit Expiration date of March 18, 2022. This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and per General Condition 18 of Nationwide Permit 29. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Digitally signed by Mason Montgomery Date: 2020.08.25 16:10:48 -04'00' Mason Montgomery Mason Montgomery Environmental Specialist, Wetlands Department Enclosures: 1. Project Request Review Package 2. S&EC T&E Species Report 3. Vicinity Maps 4. S&EC Photo Report 5. Overall Site Plan 6. FWS Official Species List 7. MW Report 8. FWS Species Conclusion Table 9. FWS Self -Certification Letter S& EC Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • lax: (919) 846-9467 sandcc.com August 14, 2020 S&EC Project No.: 13134.W10 To: Bonaventure Realty Group Attn: Ryan Klaff 104 Hume Avenue Alexandria, VA, 22301 Re: THREATENED & ENDANGERED SPECIES REPORT Morrisville Parkway/HWY 55 (Aspire at Cary Pointe) (+/- 10 acres) 2525 Morrisville Parkway, Cary, Wake County, NC Dear Ryan Klaff: On August 14, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the Morrisville Parkway/HWY 55 property shown on the attached maps for potential endangered species. The property is located at 2525 Morrisville Parkway in Wake County, NC. Surface waters onsite flow into Panther Creek in the Cape Fear River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as WS-IV;NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types and looking for evidence of the listed species onsite. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Morrisville Parkway/HWY 55 - S&EC Threatened & Endangered Species Report Page 1 of 4 August 14, 2020 S&EC Project # 13134. W 10 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Red -cockaded Woodpecker (Picoides borealis), Endangered • Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened • Michaux's Sumac (Rhus michauxii), Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within 1 mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP Report Identified no natural land areas and 11 managed land areas within the project area or within 1 mile of the project area. These are listed out in the attached NHP Report. RED -COCKADED WOODPECKER (Picoides borealis): S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual RCWs within the project area. The NHP report did not list any known elemental occurrence within the project area or within 1 mile of it. We found no ideal suitable habitat (e.g., Long Leaf pine forests) within the project area. Given the lack of species present, and no presence of suitable habitat we concluded that the project would have "No effect" on RCWs. ATLANTIC PIGTOE (Fusconaia masoni): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Atlantic Pigtoe. The NHP report did not list any known elemental occurrence within the project area or within 1 mile of it. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat Our preliminary survey concluded that potential suitable habitat does not exist onsite. Panther Creek was +/-2 feet wide with low to no base flow and had a sandy gravel substrate. Additionally, the other Morrisville Parkway/HWY 55 - S&EC Threatened & Endangered Species Report Page 2 of 4 August 14, 2020 S&EC Project # 13134. W 10 stream onsite did not have suitable habitat. Due to these observations we have concluded that the project would have "No effect" on the Atlantic Pigtoe. MICHAUX'S SUMAC (Rhus michauxii): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary surveys. We found no individual Michaux's Sumac species within the project area. The NHP report did not list any known elemental occurrence within the project area. We found suitable habitat within the project areas to include primarily disturb open areas along the road. These areas were surveyed in detail. Given the lack of species present within the suitable habitat, we concluded that the project would have "No effect" on the Michaux's sumac. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb nesting bald eagles". We believe no Eagle Act Permit is required. NORTHERN LONG-EARED BAT (Mvotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's) within the project area. During our survey, we found no induvial species. Due to the nature of the project being residential development, we concluded that the project would "May affect, but not likely to adversely affect" NLEB's. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated Morrisville Parkway/HWY 55 - S&EC Threatened & Endangered Species Report Page 3 of 4 August 14, 2020 S&EC Project # 13134. W 10 critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). We strongly recommend requesting a concurrence letter from the FWS. Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Digitally signed by Mason Mason Montgomery g Y MontgomeryDate: 2020.08.25 16:13:51-04'00' Mason Montgomery Environmental Specialist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by your proposed project. Official Species List. August 4, 2020 6. NHP report re: Morrisville Parkway/HWY 55. August 4, 2020. 7. S&EC — FWS Species Conclusion Table. 08/14/2020. 8. S&EC — FWS Self -Certification Letter. 08/14/2020. References: - North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. - US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. - U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masonz). Version 1.2. March, 2017. Atlanta, GA. - U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 3Opp. - U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta GA 316 pp. Morrisville Parkway/HWY 55 - S&EC Threatened & Endangered Species Report Page 4 of 4 Project Number: 13134.W10 Project Manager: Scale: 1" = 1000' Date: 08/04/2020 Map Title: USGS Map Morrisville Parkway/NC 55 Property Wake County, NC Source: 2019 NC Cary & Green Level Quads 0 1,000 2,000 I I I I I 1 1 1 Feet S& EC Soil & Environmental Consultants, PA 8412 Falls of Nense Road. Suite 104, Raleigh. NC 27615 • Phone: (919) 846-5900 • Fay: (919) 846-9467 sand, corn Project Number: 13134.W10 Project Manager: Scale: Date: DS 1"=500' 08/04/2020 Map Title: Soil Survey Morrisville Parkway/NC 55 Property Wake County, NC Source: Wake County Soil Survey Sheet 45 0 500 1,000 I I I I I I I Feet Soil & Environmental Consultants, PA 8412 Falls ofNeuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-946 i sand.: corn Legend Evaluation Area m==> Potentially Jurisdictional Perennial Stream Potentially Jurisdictional Intermittent Stream Potentially Jurisdictional Wetland 50' Town of Cary Buffer MORRISVILLE PKWY ne • apo NC -Center for Geographic Information arid Analysis, NG'911 Board Project No. 13134.W10 Project Mgr.: SB Scale: 1" = 100' 08/04/2020 100 200 400 Feet Source: Aerial Photo Map Morrisville Parkway/NC 55 Wake Co., NC Aerials from NC One Map Soil & Environmental Consultants, PA 8412 fall+ ,f Ncti, Road, Suite 1114, Raleigh, N(: 27615 • Plxme: p19) 844-5900 • Nix: (919) 846--9467 , uider.coin Job #: 13134.W10 August 14, 2020 Threatened and Endangered Species Photo Report for the Aspire at Cary Pointe Project Photo 1: Pine saplings along Morrisville Parkway Photo 2: Panther Creek 1 Job #: 13134.W 10 August 14, 2020 Photo 3: Panther Creek Photo 4: Intermittent Stream 2 LEGEND W ETL- D.❖.❖❖❖❖❖❖❖❖❖❖• OO.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖ .o❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.• ........................ EXISTING LIMITS OF WETLANDS PROPOSED PUBLIC EASEMENT EXISTING WETLAND RIGHT-OF-WAY DEDICATION RIPARIAN BUFFER SITE DISTANCE CALCULATIONS: 1. MORRISVILLE PKWY IS A THORUGHFARE 2-LANE, WITH MEDIAN WITH DESIGN SPEED OF 45 MPH. 2. SITE INGRESS DOES NOT REQUIRE SITE TRIANGLE. SITE EGRESS REQUIRES SIGHT TRIANGLE FOR RIGHT TURNING TRAFFIC. 3. PER TOWN OF CARY STANDARDS AND SPECIFICATIONS MANUAL, SITE TRIANGLE IS CALCULATED AS THE FOLLOWING: D. = 15' D2 = 220' (PER AASHTO'S POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS) SURVEY LEGEND O IPF - - - IRON PIPE FOUND O CMF - - - CONCRETE MONUMENT FOUND X CP - -- COMPUTED POINT DIST - -- DISTURBED R/W - - - RIGHT-OF-WAY U SN- - - SIGN ▪ ELP - -- ELECTRICAL PEDESTAL FOV - - - FIBEROPTICS VAULT SIG -- - SIGNAL BOX ❑F FOM - - - FIBEROPTICS MARKER ❑ TEV - - - TELECOMMUNICATION VAULT RCP - - - REINFORCED CONC. PIPE PVC - - - POLYVINYL CHLORIDA PIPE C+G--- CURB &GUTTER EP - - - EDGE OF PAVEMENT HC - -- HANDICAP LP - - - LIGHT POLE GV - - - GAS VALVE O EX SEWER MANHOLE O EX STORM MANHOLE ❑ EX STORM INLET O EX WATER MANHOLE O EX WATER VALVE EX FIRE HYDRANT LINE TABLE LINE LENGTH DIRECTION L5A 28.26 N 89°02'48" E L10 59.87' N53°24'08"E L11 100.08' S83°48'01 "E L12 10.22' S89°15'54"E L13 85.02' S89°15'54"E L14 25.98' S84°22'13"E L15 108.23' S89°26'23"E L16 50.21' S47°43'33"E L17 56.16' N39°15'11 "W L18 17.55' N5°09'45"E L19 13.69' N53°41'36"W L20 14.10' N17°05'26"E L21 32.04' N17°28'34"E L22 51.85' N11°50'S1"E L23 51.14' N5°15'06"W L24 35.72' N14°03'01 "E L25 127.52' N29°39'22"W r\ ``\ ```` J / \ KEY ITEM DESCRIPTION WIDTH 0 PAINT STOP BAR 24" 0 PAINT WHITE CROSSWALK LINE 8" PE PAINT YELLOW SOLID LANE LINE 4" PI PAINT QA PAINT QB PAINT ac PAINT QE PAINT YELLOW DOUBLE CENTER LINE LEFT TURN ARROW RIGHT TURN ARROW STRAIGHT ARROW COMBO. RIGHT/STRAIGHT ARROW 4" CURVE TABLE CURVE LENGTH RADIUS BEARING CHORD C3 38.90 1423.35' N 73°02'13" E 38.90 C4 168.67 1861.47 N 76°24'54" E 168.62 C6 231.83' 1423.35' N59°37'10"E 231.57 C7 71.91' 1423.35' N65°43'58"E 71.91 C8 126.04' 1423.35' N69°43'01 "E 126.00 C9 111.47' 13699.50' N89°19'59"E 111.47 EDGE OF EXISTING ASPHALT PAVEMENT TIE TO EXISTING CURB AND GUTTER ASPHALT GREEN WAY 15' X 220' SITE DISTANCE TRIANGLE STANDARD TRANSITION 30" C&G TO 24" C&G (TYP. OF 2) R9' 1,695 SF (0.039 AC) EX. WETLAND TO REMAIN AND BE PROTECTED. PRELIMINARY JURISDICTIONAL DETERMINATION PROVIDED BY SOIL & ENVIRONMENTAL CONSULTANTS ON OCTOBER 24, 2019. PIN: 0735-60-2672 261,679 S.F. 6.00 AC. 3301 MORRISVILLE PKWY. ZONING: PDD 30" NCDOT DRAINAGE ± 3,831.70 SF / EASEMENT NEW OFFSITE B.M. 2012 PG. 209 ASPHALT R1.1 R3-2 SIGNS MUTCD "STOP" R1-1 CONVENTIONAL ROAD: SINGLE LANE: 30" X 30" MULTI -LANE: 36" X 36" MUTCD "NO LEFT TURN" R3-2 CONVENTIONAL ROAD: SINGLE LANE: 24" X 24" MULTI -LANE: 36" X 36" MUTCD "ONE WAY" R6-2R 4:1 TAPER VARIABLE WIDTH /SLOPE EASEMENT (BM 2012, PG 303) -BE ABANDONED 30" NCDOT NEW PRO OSED RAMP, SEE ARCHITECTURAL SHEETS CONC. WHEEL STOP (TYP. OF 9) 4'-6" WIDE, 4" THICK CONC. SIDEWALK (TYP.) FIRE NOTES: 1. FIRE LANES SHALL BE INSTALLED AND INSPECTED IN ACCORDANCE WITH THE PUBLIC STREET REQUIREMENTS AND THE FIRE CODE. THE REQUIREMENTS FOR INSTALLATION OF A FIRE LANE SHALL BE SUBJECT TO THE FIRE CODE. 2. ALL FIRE LANES SHALL BE MARKED IN ACCORDANCE WITH ONE OF THE FOLLOWING REQUIREMENTS: 2.1. CONTINUOUSLY MARKED WITH YELLOW PAINT STRIPING ALONG THE FIRE LANE WITH "NO PARKING FIRE LANE" PRINTED WITH MINIMUM 8" HIGH LETTERS AT 40' INTERVALS OR AS DIRECTED BY THE FIRE MARSHAL. 2.2. CONTINUOUSLY MARKED WITH YELLOW PAINTED CURB WITH "NO PARKING - FIRE LANE" ALONG THE FIRE LANE WITH NO PARKING - FIRE LANE" PRINTED WITH MINIMUM 8" HIGH LETTERS AT 40' INTERVALS OR AS DIRECTED BY THE FIRE MARSHAL. 2.3. THE INSTALLATION OF THE MUTCD STANDARD SIGN SHOWING "NO PARKING - FIRE LANE" PLACED AT EACH END OF THE FIRE LAND AND AT 50' INTERVALS WITH ARROWS ON THE SIGNS OR A CONTINUOUSLY PAINTED YELLOW STRIP ALONG THE DESIGNATED FIRE LANE. SETBACK & EASEMENT NOTES: 1. NEW PLAT APPROVAL WILL BE REQUIRED TO ESTABLISH ANY NECESSARY ACCESS AND UTILITY EASEMENTS. REQUIRED PLAT SHALL BE RECORDED AFTER APPROVAL OF SITE PLANS FROM TOWN OF CARY. 2. EASEMENTS SHOWN ON THIS SHEET ARE EXISTING PER BM 2012, PG 301, BM 2012, PG 303, BM 2012, PG 209. SEE THIS SHEET (C-2.0) FOR EASEMENTS. WETLAND NOTES 1. PRELIMINARY JURISDICTIONAL DETERMINATION PROVIDED BY SOIL & ENVIRONMENTAL CONSULTANTS (S&EC) ON OCTOBER 24, 2019. (S&EC PROJECT # 13134.W7). WETLANDS ARE LOCATED ON THE SUBJECT PROPERTY. 2. ARMY CORPS OF ENGINEERS IS IN PROGRESS OF ISSUING A WETLAND DETERMINATION WITH UNKNOWN DATE. 3. CORRESPONDENCE WITH THE ARMY CORPS OF ENGINEERS HAS BEEN INITIATED REGARDING THE REQUEST FOR A 404 (CLEAN WATER ACT, 33 USC 1344) TO BE ISSUED FOR THIS DEVELOPMENT. 4. CORRESPONDENCE WITH THE NC DIVISION OF WATER QUALITY HAS BEEN INITIATED REGARDING REQUEST FOR A 401 WATER QUALITY CERTIFICATION TO BE ISSUED, PERMITTING FILL MATERIAL TO BE PLACED IN THE DESIGNATED WETLAND. 5. WETLAND AREAS SHOWN ON C-1.0 ARE EXISTING LIMITS OF WETLANDS. WETLAND AREAS SHOWN ON ALL OTHER SHEETS LIMITS OF WETLANDS POST FILLING. 19,332 SF (0.444 AC.) ± EXISTING TOTAL ONSITE WETLANDS - 1,742 SF (0.040 AC.) ± WETLANDS TO BE IMPACTED = 17,590 SF (0.404 AC.) TO REMAIN AND BE PROTECTED ±251 LF OF PROPOSED SEGMENTAL BLOCK RETAINING WALL OF VARIABLE HEIGHT w/ 4' HIGH MINIMUM BLACK POWDER CHAINLINK FENCE. DESIGNED BY OTHERS. 5'WIDE,4" THICK CONC. SIDEWALK (TYP.) ±242 LF OF PROPOSED SEGMENTAL BLOCK RETAINING WALL OF VARIABLE HEIGHT w/ 4' HIGH MINIMUM BLACK POWDER CHAINLINK FENCE. DESIGNED BY OTHERS. 5' WIDE CONC. 3' TOC UTILITY VARIABLE WIDTH EASEMENT SLOPE EASEMENT TRANSITION (BM 2012, PG 303) (BM 2012, PG 303) 30" C&G TO 24" TO BE ABANDONS C&G (TYP. OF 2) A5' 40' AVG. R GENERATOR PAD I \STREETSCAPE _ _ - - BUFFER, 30' MIN_ _ - - - - - ADA PARKING WITH SIGNS, WHEEL STOPS, & ADA RAMPS (TYP. OF 6) 6' WIDE, 4" THICK CONC. SIDEWALK (TYP.) 5' WIDE CONC. IDEWALK (TYP.) 10' x 8' TRANSFORMER PAD TO BE INSTALLED BY DUKE ENERGY PROGRESS 6' WIDE, 4" THICK CONC. SIDEWALK (TYP.) TRANSITION 30" C&G TO 24" C&G (TYP. OF 2) ±3,615 SF OF DESIGNATED PUBLIC GATHERING SPACE LAYOUT NOTES 1. ALL CONSTRUCTION SHALL BE DONE IN ACCORDANCE WITH ALL TOWN OF CARY AND NCDOT STANDARDS AND SPECIFICATIONS. 2. ALL DIMENSIONS ARE TO EDGE OF PAVEMENT, EDGE OF SIDEWALK, FACE OF CURB, CENTERLINE OF COLUMN AND FACE OF BUILDING WALL, UNLESS OTHERWISE NOTED. ALL RADII DIMENSIONS TO BACK OF CURB. 3. ALL PAINT STRIPING, PAVEMENT MARKINGS, AND SIGNAGE SHALL CONFORM TO THE "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR AS REQUIRED IN SPECIFICATIONS. 4. ALL STRIPING SHALL BE 4" WIDE UNLESS NOTED OTHERWISE. 5. ALL RADII TO BE 3'-0" BOC UNLESS OTHERWISE NOTED. 6. VERIFY ALL SETBACKS WITH LOCAL CODES. 7. A SEPARATE PERMIT AND APPROVAL IS REQUIRED FOR SIGNS. 8. ALL RETAINING WALLS REQUIRE A BUILDING PERMIT. WALLS GREATER THAN 4' IN HEIGHT WILL REQUIRE ENGINEERING DESIGN APPROVAL AT CONSTRUCTION DRAWING REVIEW AS WELL AS A BUILDING PERMIT. ENSURE THAT NO UTILITIES WILL BE IN CONFLICT WITH STRUCTURAL REINFORCEMENT OF THE WALL. 9. ALL CURB RAMPS SHALL HAVE A DETECTABLE WARNING COMPLYING WITH SECTIONS 4.7.7 AND 4.29.2 OF THE ADA ACCESSIBILITY GUIDELINES (ADAAG). 10 CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS FOR THE INSTALLATION OF TRAFFIC SIGNAGE AND PAVEMENT MARKINGS AS SHOWN ON THE CONSTRUCTION PLANS. 11. ALL NON -LANDSCAPED PARKING ISLANDS SHALL BE PAINTED WITH WHITE STRIPES 4" WIDE, AT 45° ADN 2 FEET ON CENTER. 12. CONTRACTOR SHALL REFER TO OTHER PLANS WITHIN THIS CONSTRUCTION SET FOR OTHER PERTINENT INFORMATION. 13. DETECTABLE WARNINGS ARE REQUIRED AT ANY CROSSWALK, OR ISLAND CUT THRU, WHERE THERE IS NO CHANGE IN ELEVATION (I.E. RAMP NOT PROVIDED). REFER TO SHEET RW-1.0 FOR ALL _ MORRISVILLE PKWY PAVEMENT MARKINGS CENTERLINE OF EX. R/W EX. R/W - 3' TOC UTILITY _ EASEMENT (BM 2012, PG 301) NEW R/W LINE TO BE RECORDED AFTER DEDICATION NEW FHA FIRE LANE MARKINGS (TYP.), FIRE LANES SHALL BE MARKED PER TOWN OF CARY STANDARD 3050-C 6' WIDE, 4" THICK CONC. SIDEWALK (TYP.) 5' WIDE 4" THICK CONC. SIDEWALK (TYP.) ASPHALT PAVEMENT SECTION 5' WIDE, 4" THICK CONC. SIDEWALK (TYP.) 5'ACCESSORY USE/VUA SETBACK FROM UTB 1- 5' X 220' SITE DISTANCE TRIANGLE vole" if ± 11,764.80 SF NEW OFFSITE ASPHALT S 89°28'13" E 289.48' 5' ACCESSORY USE/VUA SETBACK FROM STREETSCAPE BUFFER PROPOSED 4-STORY BUILDING ±194,564 GSFA FFE= 350.0 DUMPSTER ENCLOSURE, MATERIALS TO MATCH BUILDING 5' WIDE, 4" THICK CONCRETE SIDEWALK CONCRETE r •O•�i•i•••��•••• N89°4s'24"Ws2o.92'•••0••••i••••ilf •Oi�•••••• CONTROL CORNER' i • • • • • • • • • • • • • • • •i ••••• ••••• • • • • 0• •�i i i ••••• E: 2,036,590.57 �i••��a a 0 ...Oi� 15,895 SF (0.365 AC) EX. WETLAND. ALL TO •�_�•�•GC�i�•*•�•�•�•;•�•� * *w*•* * ...•�•�•�, •i�••0ii••� DETERMINATION PROVIDED I BY SOIL & Li•'•ii•••••••••O`••••••••••••••••• NEW PROPERTY BY ENVIRONMENTAL CONSULTANTS ON ECOMBINATION 0.20.20.0211020.0, __ 040.0.0.0.0.0.0.0.0004.0.44.0.4.0.40.000.4.0.4.080.4.0.4.0.400.4.200111,080.4.040404::: •_ • • •i�•i0i�•0i��0iV•0•�i�IjilliM F,�, i • i i i•• i Dii • i•i ••O MARCH 21, 2017. iCiiii •• a• •0 •• OO • '••••• ff• • ••• • •O• • ••• �l-=i-i • • • ••••••••i• • • • • • • • = i • • i•••••ii•i•(I•i•!•••O••ii•7••(r••••O•••••••O•••••••••••••ii••••••r1•••• •••ai•i•••••••i••••••••••••••••••••••••••••.••••• ii•Oiiiii•�iliiiiiQ••ii•���iiiiiiiiiiii•iiiiiii•iiiiiiiiiiiiiiiiiiiiiiiiiii, iiiiiiiiiiiii=•Ciii=iC,i•iiiiiiiii �•�•�•�•�•�•�•�i�•�•••••�•�•••••••••••••�•�•�•�•�•�•i • i�•�i�i�i�•�i�i�i�•�i�i�i�•�i�i O�C•SCO�J••••iis•O•i•.4.4i i••®••ii•.;.•iGi•••i'✓r�'�1��•O•i/!••••_ 0040O•••••••••••••••••••• ••••••••••••••• ••••••••••••••••••••••••••••i •••••••••••••••••••••••i••0••4O••••••••••••••• •�•• •••••••••••• • i•••••••••••••••••c�•S• 04444• •�0:•:•:•:•CO�•:•:• • �•:•:•:•:4•410: �•�•�•�•� * • • • ••••••• • • ••ea!•i•••••,, •c05.•i`►•i•0•i•••••••i•••i••••OO•••••i••1i0.•i••••••••••••••••G0•••••••i •i�i�i•i�6�o�i�i�i�i�i�i�i�i�i�i�i`O;OAO�iyi:i�i�i���i�i�/��i�i�i�i�i�i�i�i�i�i•i�i�i�i .❖.❖.❖.❖.❖.❖.❖ii.❖=•.ii❖.❖.❖i❖=•.iir1i.❖.•=•tisi.❖.❖=•., •I•t•t•t•t•t•t•t•••••tastet�,.t t•t•t•••••�•i•idt•�•d i•�•••••tj0d= `•t•�•••d4 ` ii•• i= w - W W ��•fr•i 0- 00ar • .' • • • • •O.OAn`••O• W W . . "elb#PW.* ••-' � 4 (TREAM {� NEW PROPERTY 4•S9TYP. • LINE BY � a064••��•� I NEW FHA RECOMBINATION ••��•• I' ' � AND GUTTER I - )1111•11111411D11:7 ` (TYP.,••16E6LFOFPROPOSED•=•=��=4SEGMENTALBLOCK• • • RETAINING WALL OF • •• ••- VARIABLE HEIGHT w/ 4' I••••�•�•11�•••� 2 HIGH MINIMUM BLACK,z1 POWDER •••••••I���j)441 FENCMIN DESIGNED BY /•AINLINK 004.0q••��• ��••% a OTHERS. •�oo�i -_! •••••• i �• ••O••••i�••••••• 1 O.O•••O.O•••O••• // •�►-�-�- 0400ii;►•i••O•-• �/ �•i� 1 •• 00•••••• IRO.O-irrex •••O.O.O•• I Co) co z -tMORRISVILLE PARKWAY -STANDARD 4-LANE THOROUGHFARE -18' MEDIAN VARIABLE WIDTH PUBLIC R/W L11 SLOPE EASEMENT (BM 2012, PG 303) TO BE ABANDONED ro a -- -- '- n 40' AVG. STREETSCAPE ,BUFFER, 30' MIN. L13 5' WIDE, 4" THICK CONC. SIDEWALK (TYP.) SITE DATA TABLE SITE ADDRESS: 3727 NC HWY 55, CARY, NC 27519 3741 NC HWY 55, CARY, NC 27519 3301 MORRISVILLE PKWY, CARY, NC 27519 APPLICANT! OWNER: BONAVENTURE CONSTRUCTION MANAGER/VICE PRESIDENT: MARK HUFFMAN, PE 7108 FERNWOOD STREET, RICHMOND, VA 23228 ENGINEER: PABST DESIGN GROUP, PA 404-B GLENWOOD AVENUE RALEIGH, NC 27603 919-848-4399 DEED/PAGE: DB 016683 PG 01360 PARCEL AREA: 8.22 (AFTER RECOMBINATION) PIN(s): 0735-70-4901, 0735-60-8872, 0735-60-2672 BUILDING SETBACKS: WEST (SIDE): 0' PER 18-REZ-12 PDD SOUTH (REAR): 0' PER 18-REZ-12 PDD EAST (SIDE): 0' PER 18-REZ-12 PDD NORTH (FRONT): 30' PER 18-REZ-12 PDD BUFFERS: WEST: 20' WIDE TYPE B NORTH OF RIPARIAN BUFFER SOUTH: 20' EAST: 0' PER 18-REZ-12 (CARY POINTE PDD) NORTH: 30' MIN., 40' AVG. STREETYARD BUFFER EXISTING ZONING: 18-REZ-12 (CARY POINTE PDD) PROPOSED ZONING: 19-REZ-27 PDD EXISTING LAND USE: VACANT PROPOSED LAND USE: AGE RESTRICTED HOUSING & ASSOC. AMENITIES BUILDING HEIGHT: 55'-0" MAXIMUM ALLOWED, 53'-0" PROPOSED BUILDING LOT COVERAGE: ±48,641 SF GROSS FLOOR AREA: ±194,564 SF ± 4,473 SF KITCHEN AND DINING AREA ±190,091 SF AGE RESTRICTED HOUSING & AMENITIES REQUIRED PARKING: TOTAL REQUIRED: 173 SPACES RESIDENTIAL - AGE RESTRICTED HOUSING: 1.25 PER UNIT, SET BY 18-REZ-12 (CARY POINTE PDD) 138 UNITS x 1.25 = 172.5 = 173 SPACES PROVIDED PARKING: 173 SPACES BIKE RACK(S): REQUIRED: 1 RACK TOTAL PROVIDED: 2 RACKS PROPOSED PUBLIC UTILITIES: WATER LINES: ± 18 LF (WATER), ± 1,203 LF (FIRE) SANITARY SEWER: ± 1,939 LF NUMBER OF UTILITY SERVICES: 2 PROPOSED FIRE LANE: ± 2,233 LF OVERLAY(S): WATERSHED PROTECTION OVERLAY: JORDAN LAKE RIVERBASIN: CAPE FEAR WATER SUPPLY WATERSHED: JORDAN LAKE FLOOD PLAIN DATA: THIS PROPORTY, OR A PORTION THEREOF, IS NOT LOCATED IN A 500 YEAR FLOOD SPECIAL FLOOD HAZARD ZONE PER FLOOD INSURANCE RATE MAP 3720073500J, DATED MAY 2, 2006. SOILS: WsC2, WsE, and Wy - 3' TOWN OF CARY UTILITY EASEMENT B.M. 2012 PG. 301 5' WIDE CONC. - SLOPE EASEMENT B.M. 2012 PG. 301 ±312 LF OF PROPOSED SEGMENTAL BLOCK RETAINING WALL OF VARIABLE HEIGHT w/ 4' HIGH MINIMUM BLACK POWDER CHAINLINK FENCE. DESIGNED BY OTHERS. 1-•---„NEW PROPERTY LINE BY RECOMBINATION PROPOSED 4" WHITE PAINT STRIPING (TYP.) NEW R/W LINE TO BE RECORDED AFTER DEDICATION R/W TO BE DEDICATED TO TOWN OF CARY ± 388 LF NEW GUARDRAIL TIE TO EXISTING CURB AND GUTTER TIE TO EX. GUARDRAIL\ \, 24" CURB AND® 1� GUTTER (TYP.) ice•••• 4• •• -\ 50 0 GRAPHIC SCALE 25 50 100 200 ( IN FEET ) 1 inch = 50 ft. PERMANENT 14 DRAINAGE EASEMENT rn (DB 10176, PG 504 g WETLAND FLAGS (BY OTHERS) r FOR REVIEW ONLY NOT FOR CONSTRUCTION NOTE(s): ALL CONSTRUCTION SHALL BE DONE IN ACCORDANCE WITH ALL TOWN OF CARY, NCDOT, AND MUTCD STANDARDS & SPECIFICATIONS. 1 PA3sT DIsIGs GOu PA Engineering I Consulting __... Ai 404-B Glenwood Avenue, Raleigh, North Carolina 27603 Phone: 919 848 4399 I Fax: 919 848 4395 I NC LICENSE NUMBER: C 3211 PREPARED FOR : BONAVENTURE CONSTRUCTION 7108 FERNWOOD STREET RICHMOND, VIRGINIA 23228 DATE : 6.12.2020 41 PROJECT ENGINEER: PDP ill' PROJECT CADD DESIGNER: JGL PROJECT SURVEYOR: NEWCOMB LAND SURVEYORS, LLC CARY, WAKE COUNTY, NORTH CAROLINA MAJOR DEVELOPMENT PLAN SITE LAYOUT PLAN SEAL _I 032573 w H- Q n REVISION O z DRAWING SHEET C-2.0 PROJECT NUMBER 490-19 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-1612 Event Code: 04EN2000-2020-E-03665 Project Name: Morrisville Parkway/Highway 55 (Aspire at Cary Pointe) August 04, 2020 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 08/04/2020 Event Code: 04EN2000-2020-E-03665 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 08/04/2020 Event Code: 04EN2000-2020-E-03665 3 Attachment(s): • Official Species List 08/04/2020 Event Code: 04EN2000-2020-E-03665 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 08/04/2020 Event Code: 04EN2000-2020-E-03665 2 Project Summary Consultation Code: 04EN2000-2020-SLI-1612 Event Code: 04EN2000-2020-E-03665 Project Name: Morrisville Parkway/Highway 55 (Aspire at Cary Pointe) Project Type: DEVELOPMENT Project Description: Project is located within the Southwest quadrant of Morrisville Parkway and Highway 55, Wake County, NC Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.812998487080975N78.8752080951093W Counties: Wake, NC 08/04/2020 Event Code: 04EN2000-2020-E-03665 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https://ecos.fws.gov/ecp/species/5164 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 08/04/2020 Event Code: 04EN2000-2020-E-03665 4 Critical habitats HERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. • ■■■ �� � NC DEPARTMENT OF ■ ■m■■ NATURAL AND CULTURAL RESOURCES • ■■■ Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Aspire at Cary Pointe 13134.W10 Dear Robert Zarzecki: Roy Cooper. Governor Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship August 4, 2020 NCNHDE-12598 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 'M9.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Aspire at Cary Pointe Project No. 13134.W10 August 4, 2020 NCNHDE-12598 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic Group EO ID cientific Name Common Name Element Accuracy Observation Occurrence Date i Rank Dragonfly or 32043 Coryphaeschna ingens Regal Darner Damselfly 2004-Pre No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Med Arerlame Town of Cary Open Space - Mills School Park Town of Cary Town of Cary Open Space - Future Park Town of Cary Town of Cary Open Space - Future Park Town of Cary Town of Cary Open Space - Cary Tennis Park Town of Cary Town of Cary Open Space - Future Park Town of Cary Town of Cary Open Space - Green Hope ElementaryTown of Cary School Park Town of Cary Open Space - Sears Farm Rd Park Wake County Greenway - OS-034 Town of Cary Open Space - Future Park Town of Cary Open Space Town of Cary Open Space Town of Cary Wake County Town of Cary Town of Cary Town of Cary H? 5-Very Low Federal State Status Status i er Type Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government Global State Rank Rank Significantly G5 S2? Rare Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on August 4, 2020; source: NCNHP, Q3 July 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Harris Teeter o ookhe,„ = 9 O Bann °s Mr9 Re tot be oot Fd rope Oteen a S August 4, 2020 ▪ Project Boundary ▪ Buffered Project Boundary Managed Area (MAREA) NCNHDE-12598: Aspire at Cary Pointe PIN!orrt0� e Slot„1 ~ V antego Sykes 7.1 otpenter Re Apra Bloom Lu Gean Hope Sc oh el Morrisville Pkwy Car -Petrie' 0 o4jts 60 ci OlaYrnore VN'3 R'aerb.i" 1:21,126 0 0.175 0.35 0 0.275 0.55 0.7 mi J 1.1 km Sources' Esri, HERE, Garmin,, Intermap, increment P Corp_, GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esn China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3 Species Conclusions Table Project Name: Aspire at Cary Pointe Date: August 14, 2020 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red -cockaded Woodpecker Picoides borealis No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on August 12, 2020. Atlantic Pigtoe Fusconaia masoni No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on August 12, 2020. Michaux's Sumac Rhus michauxii Suitable habitat present, species not present No effect Survey completed by S&EC staff on August 12, 2020. Bald Eagle Haliaeetus leucocephalus Unlikely to disturb nesting bald eagles No Eagle Act Permit required Preliminary habitat survey completed by S&EC staff on August 12, 2020. Northern Long-eared Bat Myotis septentrionalis Suitable habitat present, species not present May affect, not likely to adversely effect Preliminary habitat survey completed by S&EC staff on August 12, 2020. Critical Habitat No critical habitat present No effect Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Mason Montgomery / Environmental Specialist, Wetlands Department at S&EC, PA Signature /Title August 14, 2020 Date U.S. FIEAI & WILDLIFE SERVICE United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 08/14/2020 Self -Certification Letter Project NameAspire at Cary Pointe Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package DocuSign Envelope ID: 793FB198-B3C8-4CAC-8C54-23DCB23EC226 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director BRG Route 55, LLC Attn: Ryan Klaff 104 Hume Avenue Alexandria, VA 22301 NORTH CAROLINA Environmental Quality December 3, 2020 DWR # 20201232 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Aspire at Cary Pointe Dear Mr. Klaff: You have our approval for the impacts listed below for the purpose described in your application dated October 21, 2020, received by the Division of Water Resources (Division) October 21, 2020 and payment received October 28, 2020. These impacts are covered by the attached Water Quality General Certification Number 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands W1: Road Crossing 0.061 (acres) 0 (acres) W2: Fill 0.008 (acres) 0 (acres) Stream S1: Road Crossing: Culvert & Headwalls 69 (linear feet) 0 (linear feet) S2: Dissipator Pad 27 (linear feet) 0 (linear feet) S3: Utility Crossing 0 (linear feet) 32 (linear feet) S4: Temporary Construction 0 (linear feet) 10 (linear feet) NORTH CAROLINA Department at Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 793FB198-B3C8-4CAC-8C54-23DCB23EC226 Aspire at Cary Pointe DWR# 20201232 401 Certification Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Sincerely, ,—DocuSigned by: `— BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ DocuSign Envelope ID: 793FB198-B3C8-4CAC-8C54-23DCB23EC226 Aspire at Cary Pointe DWR# 20201232 401 Certification Page 3 of 3 Enclosures: GC 4139 cc: Deborah Shirley, Soil and Environmental Consultants, PA (via email) James Lastinger, USACE Raleigh Regulatory Field Office (via email) Gabriela Garrison, NCWRC (via email) DWR 401 & Buffer Permitting Unit file U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02253 County: Wake U.S.G.S. Quad: NC -Green Level GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: BRG Route 55, LLC Ryan Klaff Address: 104 Hume Avenue Alexandria, VA 22301 Telephone Number: 703-244-1161 E-mail: ryan.klaff(a,bonaventure.com Size (acres) 8.22 Nearest Town Cary Nearest Waterway Panther Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.8130 Longitude: -78.8753 Location description: The project site is approximately 8 acres located adjacent to Morrisville Parkway, near the town of Cary, Wake county, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.07 acre of wetlands, 96 linear feet of stream channel (69 LF for culvert installation, and 27 LF for rip rap) and 42 linear feet of temporary stream channel impacts for utility line installation and construction access associated with the development of the Aspire at Cary Pointe residential complex. No mitigation is required for this proposal. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 10/21/2020, and the enclosed plans entitled "Aspire at Cary Pointe" dated 6/21/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, 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 Resources (telephone 919-807-6300) 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 Morehead City, NC, at (252) 808-2808. 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 James Lastinger at 919-554-4884 ext 32or James.C.Lastinger(ai)usace.army.mil. Corps Regulatory Official: Expiration Date of Verification: 03/18/2022 Date: 10/30/2020 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy furnished: Agent: Soil and Environmental Consultants, PA Debbie Shirley Address: 8412 Falls of Neuse Road, suite 104 Raleigh, NC 27615 Telephone Number: 919-846-5900 E-mail: dshirlev(a,sandec.com Action ID Number: SAW-2019-02253 County: Wake Permittee: BRG Route 55, LLC, Ryan Klaff Project Name: Aspire at Cary Pointe/Cary/Wake County Date Verification Issued: 10/30/2020 Project Manager: James Lastinger 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 Attn: James Lastinger Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or James.C.Lastinger@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. 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 PROCESS AND NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: BRG Route 55, LLC, Rvan Klaff File Number: SAW-2019-02253 Date: 10/30/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional ctrAg I - The following identifies your rights and options regarding an administrative appeal of the above decision. information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx Corps regulations 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 fmal 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 • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers 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. 1 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) additional information to this form to clarify where your reasons or 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 record. the location of information that is already in the administrative POINT OF CONTACT FOR QUESTIONS OR INFORMATION: 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 Attn: James Lastinger Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 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: Signature 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 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PUIPARD.AON VPIRI"C. 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