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HomeMy WebLinkAbout20111062 Ver 2_401 Application_20130213Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846 -5900 • Fax: (919) 846 -9467 www.snm.com To: US Army Corps of Engineers Wilmington Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Drive, Ste. 105 Wake Forest, NC 27587 From: Deborah Edwards Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: Villaglo @ La Scala Apartments Wake Forest, Wake County, NC February 25, 2013 SBEC Project #7750.P3 NC Division of Water Quality WebSCaPe Unit WtirL Karen.Niggins . 512 N. Salisbury Street (9t" floor) Raleigh, NC 27603 t• On behalf of the applicant Daryl Cady of La Scala Associates, LLC, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (NCDWQ) that the activities proposed below may proceed under Nationwide Permit 29 and General Water Quality Certification 3890 and obtain a Riparian Buffer Authorization Approval. It is important to note that a Nationwide Permit 29 Verification and 401 Water Quality Certification Approval was issued for this project in March 2012. Along with the fact that these approval dates left little time for construction before expiration of the written 404 verification and 401 approval, economic hardship and loan approvals has resulted in unforeseen hurdles for the property owner. Please be aware that the proposed impacts included within this application package have changed slightly. The changes include a reduction in proposed stream impacts; this is because final surveys data of the property identified two existing culverts within the stream channel. In addition, the proposed sewer impact locations have changed and one impact previously approved has been eliminated. Please contact me at (919) 846 -5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Villa io at La Scala Apartment Site Project Type Residential Subdivision Owner / Applicant La Scala Associates LLC County Wake Nearest Town Wake Forest Waterbody Name UT to Smith Creek Basin / Sub -basin 27-23-(2) Index Number 03 -04-02 Class C, NSW Page 1 of 2 EC, FEB 2 5 1013 IMPACT SUMMARY Stream Impact (acres): 0.008 Wetland Impact (acres): 0.046 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.054 Total Stream Impact (linear feet): 89 Attachments: Pre - construction Notification Application Form Agent Authorization Form USGS Topographic Map NRCS Soil Survey Map Neuse Buffer Determination Letter (NBRRO 06 -166) 401 Water Quality Certification Approval (DWQ Project #11 -1062) 404 Nationwide Permit Verification (SAW - 2011 - 02359) Overall Site Plan (sheet B -100) Impact exhibits (sheet B -200) Roadway Profile (sheet B-400) Existing Conditions Map (sheet B -600) $240 DWQ Application Fee Page 2 of 2 ot WA L49 O -� Office use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: N/A 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? [:]Yes ® No 2. Project Information 2a. Name of project: Villagio at La Scala Apartment Site 2b. County: Wake 2c. Nearest municipality / town: Wake Forest 2d. Subdivision name: La Scala 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: La Scala Associates, LLC 3b. Deed Book and Page No. D.B. 12741, 12270 & 12302; Pg. 1222, 2083 & 2465 3c. Responsible Party (for LLC if applicable): Daryl Cady 3d. Street address: 123 S. White Street 3e. City, state, zip: Wake Forest, NC 27587 3f. Telephone no.: 919 - 201 -3023 3g. Fax no.: 919 - 562 -6816 3h. Email address: N/A Page 1 of 14 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Owner - please send correspondence to both owner and agent. 4b. Name: Daryl Cady 4c. Business name (if applicable): La Scala Associates, LLC 4d. Street address: 123 S. White Street 4e. City, state, zip: Wake Forest, NC 27587 4f. Telephone no.: 919 - 201 -3023 4g. Fax no.: 919- 562 -6816 4h. Email address: N/A 5. Agent/Consultant Information (if applicable) 5a. Name: Deborah Edwards 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 11010 Raven Ridge Road 5d. City, state, zip: Raleigh, NC 27614 5e. Telephone no.: 919 - 846 -5900 5f. Fax no.: 919 - 846 -9467 5g. Email address: dedwards @sandec.com Page 2 of 14 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Parcel ID: 1739 -66 -5889, 1739 -67 -1143, 1739 -76- 0427 & 1739 -77 -1300 1 b. Site coordinates (in decimal degrees): Latitude: 35.9385 Longitude: - 78.5382 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: t 23.4 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Smith Creek 27- 23 -(2) proposed project: 2b. Water Quality Classification of nearest receiving water: C, NSW 2c. River basin: Neuse 03- 04 -02, Hydrologic Unit Code 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing conditions on site are wooded and some open field with an existing overhead power easement and 20' City of Raleigh sanitary sewer easement bisecting the property. The general land use in the vicinity of the project is a mix of forest land, rural, commercial and residential. 3b. List the total estimated acreage of all existing wetlands on the property: Less than 0.10 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 1, 656 linear feet 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access to the east side of the property. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of constructing a road, parking, apartment buildings, amenities and stormwater BMP's, necessary for a multi - family residential development. Equipment such as bull dozers, bucket loaders, excavators and other typical equipment used for land disturbance and construction will be utilized for this project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes ❑ No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ® Final Comments: AID #SAW -2011 -02359 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Soil & Environmental Name (if known): Steven Ball Consultants, PA Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Property was previously delineated by a different consultant. In 2011 the streams and wetlands were re- delineated by Steven Ball of S &EC. USACE site visit verifying jurisdictional areas conducted on July 19, 2011 with James Lastinger. The NCDWQ buffer determination letter confirming the Neuse River Riparian Buffers was completed by a different consultant and is attached (NBRRO 06 -166). Page 3 of 14 PCN Form — Version 1.3 December 10, 2008 Version B. Project information and Prior Project History S. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑,No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. A 404 Nationwide Permit 29 Verification (AID# SAW -2011- 02359) was issued on December 16, 2011 and March 6, 2012 (see attached). Within the March 6, 2012 verification the impacts were reduced per request from the NCDWQ. A 401 Water Quality Certification Approval was issued on March 12, 2012 (see attached). 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 4 of 14 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact number — Type of jurisdiction Permanent (P) or Type of Type of wetland Forested (Corps - 404, 10 Area of impact Temporary T impact if known DWQ — non -404, other acres W1 ®P ❑ T Road Crossing & Fill Headwater Wetland ® Yes Q No ® Corps ❑ DWQ 0.046 Slopes W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.046 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact number - Type of Stream name Perennial Type of jurisdiction Average Impact Permanent (P) or impact (PER) or (Corps - 404, 10 stream length Temporary (T) intermittent DWQ — non404, width (linear (INT)? other) (feet) feet) S1 ®P ❑ T Road UT to Smith ® PER ® Corps 3 89 Crossing Creek ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 89 3i. Comments: Page 5 of 14 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individ ally list all open water im acts below. 4a. 4b. 4c. 4d. 4e. Open water impact Name of waterbody number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tem ora T 01 ❑P [IT 02 ❑P ❑T 4f. Total open water Impacts 4g. Comments: S. Pond or Lake Construction If pond or lake construction proposed, then com lets the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flood ed Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 14 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse El Tar-Pamlico C1 Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? 131 ®P ❑ T Road Crossing UT to Smith Creek ® Nos 7,134 4,694 132 (Sewer #1) Sanitary Sewer UT to Smith ❑ Yes 0 425 ❑ P ® T Connection Creek ® No B3 ❑P ❑T ❑Nos 0 0 B4 ❑P ❑T ❑NoYes 0 0 6h. Total buffer impacts 7,134 5,119 EEI 6i. Comments: Page 7 of 14 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. S &EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that the project engineer could design a site plan that would minimize impacts to the maximum extent practicable. The parcel is bisected by a perennial stream. Road Crossing #1 is proposing permanent impacts to a perennial /important stream and wetland area for a road crossing. This crossing is necessary to access the eastern side of the property. This proposed road crossing has been designed to cross below the confluence of two streams at a near perpendicular angle to further minimize impacts to streams and riparian buffers. In addition, there are two existing culverts within the proposed footprint of this stream crossing which further minimizes impacts to streams. It's important to note that in order to install the utilities across the culvert and within the ROW, 4' of cover above the culvert is necessary to achieve the required 3' of cover over the utilities to meet the Towns requirements. This additional rill requires higher elevations and subsequently larger rill slopes which will result in the unavoidable impacts to the wetland area. Please note that wetland impacts were minimized by 0.010 acre during the first PCN application review. Sewer Impact #1 is a proposed sanitary sewer. Impacts are only proposed within Zone 2 of the riparian buffer, and no impacts to streams or wetlands. Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 29. With respect to residential development conditions (NWP 29- Regional Conditions section 4.0) the applicant does not anticipate any impacts to streams or wetlands associated with stormwater facilities, there are no impacts associated with single- family recreation facilities, there are no permanent wetland or stream rills proposed within the floodwayffloodplain and the stream classification for this project is C, NSW (i.e. not Outstanding Resource Waters, High Quality Waters, Coastal Wetlands or wetland adjacent to these waters). Any riprap utilized will be placed such that the finished top elevation will not exceed that of the original stream bed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Before beginning construction, silt fence and tree protection will be installed around all buffers that are not to be impacted to ensure that all equipment avoids these protected areas. Where the road crosses the buffer and the proposed sanitary sewer connects to the existing sewer located in the buffer, limits of construction will be identified with silt fence and tree protection fencing. The road culvert will be installed and buried a minimum of one foot below the stream bed to allow construction equipment to cross to the other side of the project without impacting the stream. All finished slopes will be seeded once they are completed to prevent erosion. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State ❑ Yes ® No The proposed impacts to wetlands are below 0.10 acres and the proposed permanent impacts to streams are below 150 linear feet and as such, the applicant is not 2a. Does the project require Compensatory Mitigation for proposing compensatory mitigation in the form of a impacts to Waters of the U.S. or Waters of the State? mitigation payment. If however, after review of this application the USACE/NCDWQ determines compensatory mitigation is required in the form of a payment, the applicant will utilize a private mitigation bank or the Ecosystem Enhancement Program (NCEEP). 2b. If yes, mitigation is required by (check all that apply): ❑ DWO ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation Page 8 of 14 PCN Form — Version 1.3 December 10, 2008 Version 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete If Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non - riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 9 of 14 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The Stormwater Management Plan devices designed to meet the Town ❑ Yes ® No of Wake Forest and the DWQ's requirements will provide the necessary nutrient removal. The Approved SMP will be submitted to the DWQ once received. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 49.4% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Stormwater from all impervious areas will be collected through a series of curb inlets and area drains and transported either by piping or sheet flow to stormwater BMPs for treatment prior to release. Stormwater will be treated through a series of BMPs including sand filters, bio- retention, and wet ponds. The Town of Wake Forest will also require the stormwater to be controlled so that post - development flows are equal to pre- development flows. This will require the use of underground detention and wet ponds. All stormwater controls will be reviewed and approved by the Town of Wake Forest and will be designed in accordance with DWQ Guidelines. As such, the applicant requests a conditional 401 Approval allowing the submittal of the Stormwater Management Plan and its Approval after receipt by the Certified Local Government. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Wake Forest ® Phase II 3b. Which of the following locally- implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been __[EYes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state- implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No Page 10 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 11 of 14 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 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 Villagio @ La Scala Apartment project will be a small scale multi - family residential development. Additionally, the project is located within the Town of Wake Forest's jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Phase 11 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 2) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow" requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved. We anticipate that the DWQ will advise us if any additional information is needed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This property will be connected to the City of Raleigh's Sewer System. The City will ensure that capacity of their treatment facility will not be exceeded. Page 12 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC- Natural Heritage Program Map Viewer was used to search for elemental occurrences of state and federally protected species in the vicinity of the project. It was determined based on the search that there are rive elemental occurrences that were found within two miles of the project boundaries. None of the rive is listed as Federally Endangered or Threatened, however two are listed as Threatened by the State. See table below. Federal [State Scientc Name Common Name rotection Protection Habitat Comments atus Status Alasmidonta undulate Triangle Floater T Most river systems in Piedmont and Coastal Plain Gomphus septima Septima's Clubtail SR FSC Rocky rivers Haliaeetus Mature forests near large bodies of water (for leucocephalus Bald Eagle T nesting); lakes and sounds [nesting sites; regular non - breeding sites] Hemidactylium scutatum Four -toed SC Pools, bogs, and other wetlands in hardwood Salamander forests Necturus lewisi Neuse River SC Rivers and large streams in Neuse and Tar Waterdog drainages (endemic to North Carolina) References: (NHPj North Carolina Natural Heritage Program. 2013. Internet -based search: Natural Heritage Program Map Viewer htta : / /portal.ncdenr.omlweb /nhp /nha -map- viewer Accessed 01 February 2013. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat: Project located within Wake County and will not occur in or near an area designated as essential fish habitat. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Geo Technologies, Inc., P.A. submitted a written request to the State Historic Preservation Office (SHPO) to determine if the project site would be likely to adversely affect historic resources. SHPO responded on December 6, 2011 indicating that the agency is not aware of any historic resources that would be affected by this project. See attached letter. Page 13 of 14 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes 0 N 8b. If yes, explain how project meets FEMA requirements: N/A 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program Deborah Edwards I Q.L� L�Ll �' � February 25, Applicant/Agent's Printed Name Applicant/Agent's Signature 2013 (Agent's signature is valid only If an authorization letter from the applicant Date is provided.) Page 14 of 14 — 97/10/2011 10:00 9195626816 CADY CONSTRUCTION Environmental Not Carogna 27614 • 1 WWWARWCAM PACE 01/01 AG'EN'T' AUTHORIZATION FORM Address: S. `J A(f ig S— - Wwke �,A C 2 Phone: _. Z f>l, -302S 4PO Project Name /Dencriptior: ��i� i'o a� %,.� !at S&EC Project # Date: wt( The Department of the Army US. Army Corps of Engineers, Wilmington District P.O. Sox 1890 Wilts iVon, NBC 2M Attn: � C Field Office: Re: V,"etlands Relabel Caosulting and Permitting To Whom It.May lZwcerru '_, the current =stg on-ner, hereby designate and alathorfze Soil & Bnvirm=ental Consultants, PA w act in my behalf as my agent in the processing of permit applis al ons, to furnish upon requeat su lemen crmaton in support as applications, etc. from this day forward. The day of This rtotiHcatfort s aptrsedes easy previow. correspondence concpn dng the agent for this project. NOTICE: This mufhoriutian, for liabUl'ity and professional courtesy reasons, to valid only for government ofeiols to enter the property when accompanled by SBcEC st%ff. You should call S &F.0 to arrange a sift meeft prior to . isiting the site. PYin Projertybvmeeis game Pr s Signature 4: NU Kom 140'9 .C. Mr. $then Bad NC1D8NR —DVAJ Wc9CAF a 8;U & EnvhmmenUl Comultur% PA, Archdale Buiidirg 612 N. 5o1L'sDtri'y WeLn, 9sh roor Ralefoi, NC 270M uflaNke E-1 r�� 1 sill , wwwo tit Jig MKS' `: � ! . ��'►1 � .� f E LOW 0 ' o V.. A _ _W J � \ Project No. Figure I -USGS i 775O.W5 Quadrangle Map Project Mgr.: • Project Scala Apts Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 La Scala Assoc. (919) 846 -5900 • (919) 846 -9467 Wake Co. NC Scale: Web Page-. www.SandEC.com i " = 2,000' 7/7/1 1 Wake Forest Quadrangle 00 164 s 6 '5 I& } A{F HOB2 Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846 -5900 • (919) 846 -9467 Web Page: www.SandEC.com ww. E, D eD Project No. Figure 2 -NKC5 775O.W5 Soil Survey Map Project Mgr.: sB La 5ca l a Apts La Scala Assoc. Scale: I"= 1,320' Wake Co. NC Wake County 501 Survey 7/7/1 1 Sheet 14 r Y °? i W* I 00 164 s 6 '5 I& } A{F HOB2 Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846 -5900 • (919) 846 -9467 Web Page: www.SandEC.com ww. E, D eD Project No. Figure 2 -NKC5 775O.W5 Soil Survey Map Project Mgr.: sB La 5ca l a Apts La Scala Assoc. Scale: I"= 1,320' Wake Co. NC Wake County 501 Survey 7/7/1 1 Sheet 14 00 164 s 6 '5 I& } A{F HOB2 Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846 -5900 • (919) 846 -9467 Web Page: www.SandEC.com O OF WArFgOG C > O < Mr. Jay Keller Keller Environmental, LLC 124 Waiters Way Younpville, NC 27596 Michael F. Easley, Governor William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources July 12, 2006 JUL 1 4 1006 DENk . VVAick U04LUl4 1'yEl'u1 vs 44) 3'",Vs'�, cR i3RA%l( N BASIN: Neuse X Tar - Pamlico (15A NCAC 2B .0233) (15A NCAC 2B.0259) Alan W. Klimek, P.E. Director Division of Water Quality NBRRO 06-166 County: Wake Complaint NOV Buffer Determination X Incident # Appeal Call Project Name: Star Road Property — Wake Forest Location/Directions: Site is located on the east side of Star Road, approx. 0.38 miles south of South Main Street in Wake Forest. Subiect Stream: UT to Smith Creek Date of Determination: 7/6/06 Feature Start Buffer GPS Points (if provided) End Buffer Stream Form Appeal Call Located on Soil Survey Located on USGS T Mogm hic A Subject at "Start A" Flag near north property line X B Not Subject X C Not Subject (piped) X D Subject (Not Contested) X X E Not Subject 7t F Not Subject X This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that k k subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing do Cyndi Raroly, DWQ Wetands1401 Unit, 2321 Crabtree Blvd, Raleigh, NC 27604 2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of A= North Carolina Division of Water Quality Raleigh Regional Orcce Surface Water Protection Phone (919) 791 4200 Customer Service Internet h2o.enrsfats.rrc.us 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 5714718 1- 877 - 623.6748 An Equal OpporluNty/AftnaM Anon Ern ftv - 50% Recyde lo% Post Conwmer Paper 7/12/2006 Page 2 of 2 this decision. DWQ recommends that the applicant conduct this notification In order to be certain that third pony appeals are made Ina timely manner. To ask for a hearing, send a written peddon, which conforms to Chapter I SOB of the North Carolina General Statutes to the Oft7ce of Administrative Hearings, 6714 MaA Service Center, Raleigh, N.C. 27699 -6714. This determination is Jfnal and binding unless you ask for a hearing within 60 days, 77se (ownerffuture owners) should notify the Division of Water Quality (Including any other Loca4 State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). Tbls project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Offlee) at (919)- 733 -1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)•876 -8441. CC: RRO /SWP Files Central Files DWQ Wetlands and Summmter Branch Bill Summers — Town of Wake Forest AE �� North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet h2o enr stawnc.us 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 571 -4718 14877. 623.6748 An Equal Opportunk /A18ntadve Action Employer— 50% Recyded/10% Post Consunw Paper r----1 wem M( v •: hNA l,"= iii iqm WV04 lk rl 12 Ag 716log 4A., t" 'i r 507 v X 11t, WNW.- so. qu 4p $1 T4. ot Ir &A I +4 I� :k%- SA, N11 Iv ;fir t Of OL 0 Ow iw os- - 77, 777, NOW _oo rl tter . i- w7A low Oro Tl.m ATili'Ah' NRDMR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, PE Dee Freeman Governor Director Secretary March 12, 2012 DWQ Project # 11 -1062 La Scala Associates, LLC ' Wake County 2012 Attn: Daryl CadyAfi 1 (� 123 S. White Street Wake Forest, NC 27587 Subject Property: Villagio at La Scala Apartment Site UT to Smith Creek [030402,27-23-(2), C; NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise impact 0.046 acre of 404 wetland (permanent impacts), 97 linear feet of perennial stream channel (permanent impacts), 5,771 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts), 3,960 square feet of Zone 2 Neuse basin protected riparian buffer (permanent impacts), 220 square feet of Zone 1 Neuse River basin protected riparian buffer (temporary impacts), and 502 square feet of Zone 2 Neuse River basin protected riparian buffer (temporary impacts) for a multi - family housing development, as described in your application received dated December 6, 2011 and received by the Division of Water Quality (DWQ) on December 6, 2011 and additional information dated February 16, 2012 and received by DWQ on February 16, 2012. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821). The Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213.0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non - discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit or unless otherwise rescinded by the Director of the Division of Water Quality. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. if total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. N'o'�iihnCarolina Natura!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service Internet: www ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 788 -7159 877 -623 -6748 An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Page 2 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental and/or temporary impacts: Type of Impact Amount Approved Units Plan Location or Reference 404 Wetland 0.046 acre permanent impact PCN page 5 of 14 revised 2/16/12 Stream - perennial 97 linear feet anent impact PCN page 5 of 14 revised 2/16112 Buffers Zone 1 5,771 (square ft. anent impact PCN a e 7 of 14 revised 2/16/12 Buffers Zone 2 3,960 (square ft. nent im act PCN page 7 of 14 revised 2116/12 Buffers Zone 1 220 (square ft. temporary im act PCN page 7 of 14 revised 2'16/12 Buffers Zone 2 502 (square R. tempo impact PCN page 7 of 14 revised 2/16/12 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pro- Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project; Page 3 5. Stormwater Management Plan (SMP) Approval Required Please provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of the Town of Wake Forest's approval. The approved SMP must be submitted to the DWQ WeBSCaPe Unit before any impacts authorized in this certification occur. The following requirements also apply: The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site. The approved SMP as well as drainage patterns must be maintained in perpetuity. The SMP may not be modified without prior written authorization from the Town of Wake Forest. A copy of the approval letter and the modified SMP must be submitted to the DWQ WeBSCaPe Unit prior to the commencement of the modifications. 6. Diffuse Flow Plan Approval Required Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage from this site must be discharged through either a correctly designed level spreader or a BMP that provides appropriate control of sediment and nutrients (a minimum of 30% removal of TN and TP). If the stormwater management plan approved by the Town of Wake Forest per Item (5) above meets the nutrient control requirement, then no further action is required. Otherwise, please provide a level spreader--vegetated filters strip (LS- VFS) at each stormwater discharge point for review by the DWQ. The LS -VFS must meet the design requirements in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http: / /portal.ncdenr.org/web /wq /ws/su/bmD- manual. Please provide one Level Spreader Supplement Form for each proposed level spreader, available at: htto: / /oortal.ncdenr.org/web /wq /ws/su / bmp- manual. Please include the Required Items checklist and all items listed therein. The DWQ WeBSCaPe Unit must approve the diffuse flow plan before any new stormwater conveyances are discharged through the protected Neuse Riparian Buffer. 7. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section .0500. 8. Notification of Project Commencement Please notify DWQ (Lauren Witherspoon at (919) 791 -4251 or lauren.witherspoon@ncdenr gov) of the proposed start date of the project. 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 7699 -1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to Page 4 waters and riparian buffers as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or unless otherwise rescinded by the Director of the Division of Water Quality. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919) -431 -3000, Facsimile: (919)-431 -3100 A copy of the petition must alio be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed, this Certification shall be final and binding. This letter completes the review of the Division of Water Quality undcr Section 401 of the Clean Water Act and the Neuse River basin riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Lauren Witherspoon, at 919 -791 -4251. S' cercly, Danny Smith Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures: GC 3821 Certificate of Completion cc: USACE Raleigh Regulatory Field Office DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Debbie Edwards — S &EC, 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 1 I- 1062— Villagio at La Scala Apartments - 401 —NBR Approval T.S. ARMY CORPS OF ENGINEERS t;wpy WILMINGTON DISTRICT Action Id. SAW - 2011-02359 County: Wake U.S.G.S. Quad: NC -WAKE FOREST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: La Scala, Associates, LLC Daryl Cady Address: 123 S. White St. Wake Forest, NC, 27587 Agent: Soil & Environmental Consultants, PA Debbie Edwards dA dress: 11010 Raven Ridge Road Raleigh. NC, 27614 Size and location of property (water body, road name/number, town, etc.): The property is 23 acres of forested land Description ofprojects area and activity: This permit verification allows for 0.046 acres of permanent wetland impacts and 97 linear feet of nermalient stream channel impacts for the installation of a culvert and road crossing for the construction of a multi - family residential complex know as the VillaWo at La Scala Apartments. This permit verification supersedes the verification issued on December 16.2011. No mitigation is reauired for this proposal. Please see attached special conditions for this protect. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments. SEE ATTACHED NATIONWIDE AND SPECIAL CONDMONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated December 6, 2011. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Activities subject to Section 404 (as indicated above) may also require aq individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact James Lastinger at 919 -554- 4884 x32. Corps Regulatory Ze ' Date: March 6.2012 Expiration Date of ?'on: 03/18!2012 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http:/ /=2.nwo.usace.armv.mil/survey.htm1 to complete the survey online. Copy Furnished: See above -ViArK 13 20'1'1, Special conditions: 1. A pre- construction inspection of the project site must be performed by the Army Corns of Engineers. Wilmington District ( USACE). prior to beginning work within jurisdictional waters. The applicant must contact the USACE to establish a suitable date and time to conduct the ore - construction inspection. The applicant, and construction contractor who will be installing the culvert/road crossing, must be present during the pre - construction inspection. Also, the exact footprint of the proposed BU must be demarcated for the pre - construction meeting. Geographic coordinates (Iatitude and longitude), for the project degree format. Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivets and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis For Determination The site exhibits wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. Remarks This lurhdictlonal determination is only for the waters/wetlands proposed for impacts associated with this Nationwide Permit and does not include any other waters/wetlands that may be located on the property. 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 and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou 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: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 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 February 16, 2012. * *It is not necessary to submit an RFA form to the D'viaion Office if you do not object to the determination in this correspondence.* -' Corps Regulatory Offic' Date: March 6.2012 Expiration Date: March 18.2012 GeoTechnologies, Geotechnical and Construction Materials Testing Services Deccmbcr 12, 2011 Daryl Cady La Scala Associates 123 South White Street Wake Forest, NC 27587 Re: N.C. State Historic Preservation Office Response La Scala Apartment Site 10700 Star Road Wake Forest, North Carolina GeoTechnologies Project No. 1 -11- 0653 -EA Dear Mr. Cady, GeoTechnologies, Inc., P.A. (GeoTechnologies) provided a Phase I Environmental Site Assessment for the above referenced site that was submitted on November 18, 2011 (GeoTechnologies Project # 1-11-0653- EA). Our site visit and review of publically available maps did not reveal the presence of significant historical sites on or adjacent to the subject property. GeoTechnologies submitted a written request to the N.C. State Historic Preservation Office (SHPO) to determine if the above referenced project is likely to adversely affect historic resources. A December 6, 2011 letter from the SHPO was received that stated that the agency is not aware of any historic resources that would be affected by the project. A copy of this letter is attached. Based on this information, no sites of historic, archeological, or cultural significance are likely to be affected by the project. Therefore, further assessment is not recommended at this time. Should conditions arise during the development of the site that indicates a potential concern to the environment, the appropriate government agency should be notified. Sincerely, GeoTechnologies, Inc., P.A. Jason B. Grizzard Staff Professional JBG Attachment 3200 Wellington Ct., Ste. 108 • Raleigh, NC 27615 - Phone 919- 954 -1514 - Fax 919 -954 -1428 • www.geotechpa.com • License No. C -0894 North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Beverly r=ea Perdue, Governor Linda A. Carlisle, Secretary Jeffrey J. Crow, Deputy Scaetary December 6, 2011 Jason Grizzard GeoTechnologies, Inc. 3200 Wellington Court Suite 108 Raleigh, NC 27615 Office of t rd ives and 1lis" Division of I listemeal Resources David Brook, Director Re: Construct Apartments, 10700 Star Road, Wake Forest, GeoTechnologies 1 -11- 0653 -EA, Wake County, ER 11 -2221 Dear Mr. Grizzard: Thank you for your letter of October 24, 2011, which we received November 15, 2011, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future communication concerning this project, please cite the above - referenced tracking number. Sincerely, Ramona M. Banos Location: 109 MWt Jones Stmet, Balogh NC 27601 Mailing Address- 4617 Mail Seca ice Center, Ralcigh NC 27699 -4617 Telephone /Fax (91 J) 807 -6570 /807 -6599 B -loo I n- ioVava- I =cIff