HomeMy WebLinkAbout20130212 Ver 1_401 Application_20130301C9)
SPANGLER
ENVIRONMENTAL, INC.
20 130 21 2
Land Planning - Permitting • Environmental Consulting • Construction Management • Expert Testimony
LETTER OF TRANSMITTAL
Date:
Name: Ian McMillan
Company Name: NCDENR DWQ
From: Cal Rieder
WE ARE SENDING YOU:
2/27/2013
RE: Bainbridge Patterson Place Apts - IWGP
SEI #:
X Attached Under Separate Cover via
Shop Drawings Specifications Invoices
Letters Change Order Reproduci
X Reports Computer Disk Samples
200611033
COPIES
DATE
DESCRIPTION
5 copies of the PCN application package for the IWGP for the
above referenced site. (3 -36x24 & 2 -11 x17 site plans, 5 -11 x17
5
2/27/2013
cross section exhibits)
THESE ARE TRANSMITTED as checked below:
X For Approval Approved as Submitted
X For Your Use Approved as Noted
As Requested Return for Corrections
For Review & Comment FOR BIDS DUE
Resubmit Copies for Approval
Submit Copies for Distribution
Return Corrected Prints
Other
SIGNED: CC: Bainbridge Companies, FILE
4338 land Road Raleigh, N C 27609 tel 919 - 875 -4288 fax 919 - 875 -4287
3961 -B Market Street Wilmington, N.0 28403 tel 910 -343 -9375 fax 919 -343 -8351 1- 866 - SPANGLER www.spanglerenvironmental.com
N*ib
SPANGLER
ENVIRONMENTAL, INC.
20130212
Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony
February 27, 2013
Mr. Ian McMillan
NCDENR DWQ
1650 Mail Service Center
Raleigh, NC 27699 -1650
RE: Bainbridge Patterson Place Apartments
Dear Ian,
Please find attached for your review the PCN application for the Isolated Wetlands Permit for the Bainbridge Patterson Place
Apartments project southeast of the intersection of Hopedale Ave and SW Durham Drive. The wetlands to be impacted are isolated
(0.125 acres), and are the result of water remaining impounded in an old drained farm pond in uplands. The Corps of Engineers has
waived jurisdiction over this location and NCDWQ has confirmed in the field the wetlands are isolated. The project is an apartment
complex with 14 multi - family apartment buildings, a clubhouse building, a pool, as well as the typical amenities and the parking
associated an apartment complex of this size. This permit application is for isolated wetland impacts (total 0.125 acres) associated with
the grading of the previously mentioned project site. Attached are the copies of the USGS site location map, USDA soil survey map,
GIS map, GIS map w/ approximate impact location, Wetland Impact Drawings, JD and Agent Authorization letter. Thank you for your
timely assistance in this matter.
Sincerel
Cal 'der
Project Scientist
MAR 0 1 2013
CC: Bainbridge Companies
FILE
Attachments - PCN Form
USGS Site Location Map
USDA Soil
GIS map
GIS map w/ isolated wetlands
Site Plan w/ wetlands (36x24)
Isolated Wetland Impact Drawings w/ cross sections (11x17)
JD
DWQ Determination
Agent Authorization Letter
4338 Bland Road Raleigh, N.C. 27609 tel 919- 546-0754 fax 919- 546-0757 Toll Free 1-866- SPANGLER
3961 -B Market Street Wilmington, N.C. 28403 tel 910 - 343 -9375 fax 910 - 343 -8351 www.spanglerenvironmental.com
O�OF WA 144
O Y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
❑ Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: IWGP10000
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d. Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes Q No
For the record only for Corps Permit:
Q 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 Q No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes Q No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2. Project Information
2a. Name of project:
Bainbridge Patterson Place Apartments
2b. County:
Durham
2c. Nearest municipality / town:
Durham
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Boulevard Forest & Trees LLC
3b. Deed Book and Page No.
Bk: 4659 Pg: 62
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
P.O. Box 222276
3e. City, state, zip:
Carmel, CA, 93922 -2276
3f. Telephone no.:
3g. Fax no.:
IAN
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
Ron Perera
4c. Business name
(if applicable):
The Bainbridge Companies
4d. Street address:
1616 Evans Road, Suite 104
4e. City, state, zip:
Cary, NC, 27513
4f. Telephone no.:
919 -451 -1275
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Jim Spangler
5b. Business name
(if applicable):
Spangler Environmental, Inc.
5c. Street address:
4338 Bland Rd.
5d. City, state, zip:
Raleigh, NC, @7609
5e. Telephone no.:
919 - 875 -4288
5f. Fax no.:
919 - 875 -4287
5g. Email address:
jpangler@spanglerenvironmental.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0800 -02 -51 -9112
1b. Site coordinates (in decimal degrees):
I Latitude: 35.949159 Longitude: - 78.981464
1c. Property size:
81.6 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
New Hope Creek
2b. Water Quality Classification of nearest receiving water:
WS -V; NSW
2c. River basin:
Cape Fear
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 site is currently mostly wooded with a drained pond in the northeast portion of the project site, which is where the isolated wetlands are located
The land use in the general vicinity of the is mixed with vacant wooded lands, office buildings and multi family and single family residential property.
3b. List the total estimated acreage of all existing wetlands on the property: 0.125
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
The project is an apartment complex with the typical amenities and the parking associated with the previously mentioned apartment complex.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of 14 Apartment buildings, Clubhouse and pool. Typical Commercial Construction equipment to be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
Comments: USACE - wetlands & streams, DWQ - isolated wetlanLOI
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary Q Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Eric Alsmeyer
Agency /Consultant Company: USACE Raleigh Reg. Office
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
NCDENR DWQ Stream And Isolated Wetlands determination (June 27, 2011)
USACE Jurisdictional Determination (October 19, 2010)
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes Q No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
S. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X 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.
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Hardwood Flat
No
DWQ
0.125
W2 -
Choose one
Choose one
Yes /No
W3 -
Choose one
Choose one
Yes/No
W4 -
Choose one
Choose one
Yes/No
W5 -
Choose one
Choose one
Yes/No
W6 -
Choose one
Choose one
Yes /No
2g. Total Wetland Impacts:
0.125
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.
Stream impact
number
Permanent (P) or
Temporary M
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 -
Choose one
S2 -
Choose one
-
S3 -
Choose one
S4 -
Choose one
-
S5 -
Choose one
S6 -
Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
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:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation. then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required? q
6f.
Zone 1
impact
(square
feet
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes /No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments.
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The wetlands to be impacted are isolated, and are the result of water remaining impounded in an old drained farm pond in uplands. The Corps of
Engineers has waived jurisdiction over this location and NCDWQ has confirmed in the field the wetlands are isolated. The impacts to the isolated
wetlands (0 125 acres) are unavoidable given the size of the proposed project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The wetlands to be impacted are isolated, and are the result of water remaining impounded in an old drained farm pond in uplands. The Corps of
Engineers has waived jurisdiction over this location and NCDWQ has confirmed in the field the wetlands are isolated. The construction techniques
used will be in accordance with the approved sediment and erosion control plan to avoid any additional impacts to streams or wetlands, with the
exception of the proposed 0.125 acre isolated wetland impact
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project.
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
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 Q No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes Q 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.
There are no buffer impacts associated with this proposed project.
❑ Yes ❑X No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
50.7%
2b. Does this project require a Stormwater Management Plan?
0 Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The Stormwater Managment Plan is not attached to this application due the fact that the stormwater plan is in the approval process as a part of the
Site Plan approval with the City of Durham/Durham County and will be made available once the site plan has been approved and the stormwater plan
can be finalized
2e. Who will be responsible for the review of the Stormwater Management Plan?
Durham County/ Cdy of Durham
3. Certified Local Government Stormwater Review
3a. In which local ovemment's 'urisdiction is this ro'ect?
Durham County/ City of Durham
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs
❑x NSW
apply (check all that apply):
❑ USMP
❑X Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006 -246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑Yes Q No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal /state/local) funds or the
❑ Yes
Q No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
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
letter.)
❑ Yes
❑ No
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
Q No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑Yes
Q 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
Q 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.
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.
Muniapa Water and Sewer is available to the site.
Page 9 of 10
PCN Form — Version 1.4 January 2009
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 ❑ No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ Yes ❑ No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
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?
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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes ❑ No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
B. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes Q No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
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64
Exhibit 1
PCN Submittal
USGS Topographic Map
SPANGL.ER
Durham NC
ENVIRONMENTAL, INC.
2/12/13
4338 Bland Road Raleigh, NC 27609
map source:
919 - 875 -4288
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Approximate Site Boundary
Bainbridge • • Place
Exhibit
PCN Submittal
SPANGLER
•
Durham NC
4338 Bland
ENVIRONMENTAL.
Road Raleigh, 27609
map source:
2/12/13
919-875-4288
Google Maps
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IAREA OF IMPACTED WETLANDS - 5.427 SF (.12 AC.)
/ /PROPOSED ByII�IND / '� ol
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BR-12000
PATTERSON PLACE APARTMENTS
THE JOHN R �nAMs
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DURHAM, NORTH CAROLINA
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DATE: 02 -21 -2013
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID 200701680 County' Durham l: S.G.S. Quad: Soutlnnest Durham
NOTIFICATION OF JI:RISDICTIO \AL DETERJII\ATION
Propel ty nddncr/Agenu Iiouletard Pronertie I.LLI'
Address. Attic .1I1chael Waldroun
4201 University Drile. Suite 451
Durl>ant, \C 27707
1•elephonc No.. 914 - 403.5300
Property description.
Ciir (arcs) 81.6 acres (certain nortiolls ol'the n. -cel •11T excluded 6-11111 t11c 1D ►s indicate (I 011 the 1st ♦111 acs )
Neatest "Coss n Duritant Newest Waterway New Ilooe Creek River Basin Cape hear
11S(iS I IlJ(' 03113011112 ('uuidin.11e, N 35.95115 W - 78.98111
I.ucattetm dc.crpnrun A portion ot• Parcel ID 140125 on the north side of Watkins Road approx. 4,001) rut cast ot•
LIS 15 -5111.
Indicate Which of the FaJjmvin , Apoly:
A. Preliminary Determination
liascd tin prel11minary mliuntation, thete may be w•eilamis tin the above described piupetty We sUungly suggest you have
this pruprlty ntspectcdl to deternunc the eatcnt of l >eparuue►l of the Aimy (I)A) jurrsdictiun. 'I o be considered final• a
jurindtctionaI detenmulation must ltd: vcri lied by (he ('titps I'll is preli minary determination is nut an appealable let loll undct
the Regulatory I'rogrant Adnontsuative Appeal 1'tuc.cs� ( Reference 33 CFR Pmt 331).
B. Approved Determination
Thee are Navigable Walels of, the United Slates w•rthnl the abuvcdescribed properly subject to the permit requu'entents 116
Section 10 of* tile Rivers and I tat bats Act and Section 404 of the C'IeaIn Water Xcl. Unless their is a ehange In die I,nv or our
pultlltihcd Icgulaliums, (Ills (fete""' 11ataon ntay he relied upon Ibr a period not to exceed five years lions ilie date ul'lhis
notification
_ 'fhcre at e du etlands tin the above described property subject ttI the permit requirements of Section 404 of the Clean Wale Act
(C WA)(33 US(' $ 1344). Unless thee Is a change in the law or our published tcgulauups, this dciclminntiun stay he relied
upon fora period not lu exceed live years hum the date of'thr> notification.
_ We strongly suggest you h;n•e the wetlands on your property delineated. Due to Ilse siic ufyuur property a nd,m our
pie.ett workload, the ('orpa stay nil be able to Iceuntpllsll tills welaml delineation in a timely manner Fora more ~maid
delutcanum. you may wish to obtain it consultant. 'I'll he considered final, any delmtcatiun must he verified by the Corp,.
The wetland tin your property 11,1ve beet delineated and the delineation hu+ been d crified by the Collis. We su•an�-- ly
suggest you 141% C this delntcatiun surveyed Upon eumpleti011, this suivey,huuld be ic%tcddcd and verified by the
011CC Net -lied. 1111,.urdey a ill prortde an accurate depiction 111'411 areas subject to C'WA jurisdiction on your property duhic11
provided thee is nu change in the lady or out published regulations. may be relied upon liar I period nut to enceecl tide year.
_ •file wetlands have been deluteated and Surveyed and ale accurutcly depicted on the plat signed by the C'oips Regulatory
OI "tidal Identified below on . Unless there is a change mt the lane m our published regulations, this determination may
he retied upon liar it period nut to exceed tide years tium the dale ol'this notification.
rhe•e are no %eaters ol•the U s . to Include ddctlands. present nit the above described project arc,► Is ahuuvn tin the: ait..urdev
dd Rich lie .object to the penut requilentents ol•Section 404 of the Clean Water Act (33 USC 1344) Unless there 1, 11 ch.ulu
in the law of our published rcgulati0ns. this determination may be relied upon for a period not to escced five years from the
date of this notification
action ID 2011701680
Plucenunt of d'edued or fill male ► -'al %% 'till" %% Hers of the US and.'or % %etlands a'thout a Depa►unent ul the Anne permit Wray
constitute a % 101a1ion of Section 301 01'111e Clean Water Act (33 LSC• � 1311) If you ha%e any questions regarding tit's
letel mmation and or the Corps regulatory program. please conlact Eric . \Isme_er at 919-55 4-4884, eat. 23.
C. Basis for Determination
rite e-istil "ands on the propert% ha%e "" do+►nslone connection to %%alcrs of the LS
D. Remarks
rllk itu•isdictional determin.ttion is limited to the portion of Parcel ID 140125 depicted on the attached survey.
J�17
Corps Regulalo'y 01'licral.
Date 10/14/2010 I•apn:H'on Dale 10/19/2015
The wilntmgton District is conunnted to providing the highest level of tiupputt to the public. To help us ensure we continue to do
,o, please complete tl'e C'uslonter Satiah'clion Survey located tit our wehsite at hup.."Ix' 2.m� p,usacr ann�•,n►'I stir cy 1111111 to
compicle the survey online
Copy liunished.
A cw: Spanglrr I :nvnunmental. )"e
AUn: James A. Spangler, Presulenl
4338 Bland Road
Raleigh. \C 27604
This certifies that this copy of this plat accurately depicts the boundary
of the jurisdiction of Section 404 of the Clean Water Act within the
designated Inset Area, as determined by the undersigned on this date. Other
areas of jurisdiction may be present on the site but have not been
delineated. Unless there is change in the law or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a
period not to exceed five years from this date. This determination was made
utilizing the 1987 Corps of ngineels nd Delineation Manual."
Regulatory. Official
Title
Date D .
USACE Action ID p
NOTE:
Wetland delineation performed by
Spangler Environmental, Inc„ as Agent for Boulevard Properties, LLP.
Limits of Jurisdiction of Section 404 of Clean Water Act confirmed to the
field by US Army Corps of Engineers on March 1, 2007. For information and
data, contact James Spangler at 919 -s46 -0754,
1
FN
D. P
S.D. Puckett & Associates
Professional Land Surveyors
5314 Hwy. 55 Suite 104
Durham, NC 27713
P. 919 - 544.7717 F.919- 544.1274
Stephen D. Puckett L -2683
:,11102111hi
Source1cuments
PB 164/367
Le end
ki
NORTHCREEK DRIVE, LLC
D8 4593/413
PB 136/53
\\ AREA NOT DELINIATED
\ AS OF MARCH 1, 2007.
\ (HATCHED)
\ a
souiH8E5r mwm PARiNrRS, LLC
OB 4675/568
Pe t06 /198
Existing iron Moe or Rod Q
New Iron Ape O
Existing Nail 0
Nail set
Computed Point G
Concrete Monument p
Ccntrci 1`101wnent
2
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COUNTY OF DURHAM
D8 2047/579
P8 132/142
\
30' SANITARY SEWER EASEMENT \ \�
PER P8 134/367 I
I
ti
\ N\
�y
BOe11FVAM PROPERU LLC
08 1934/418
P8 164/387
1
'1-50' PRIVATE UTILITY & ACCESS
PER PB 134/367
`(q • iee9•e4•s7'w
1 331.79'
DURHAM PUBLIC SCHOOLS
BOARD OF EDUCAVON
` D9 1736/594
PO 114/195
f
N, ecf%oh yoV Mf-C
oiS 7ti jelF ee,,
CITY OF DURHAM
D8 1534/346
P8 115/172
i
VTY OF DURHAM
18 2047/579
PB 132/142 ,.
RCP WELLINGTON TWO, LLC
DB 5400/263
DAVID LEE JOYNER TRUSTEE ET AL
08 3434/989
P8 136/28
/ r
/ r
r /
UNITED STATES OF AMERICA
AREA NOT DEUNIATED 08 440/319
AS OF MARCH 1. 2007
(HATCHED)
MANHOLES LOCATED OUTSIDE
OF EASEMENT UNITED STATES OF AMERICA
OB 440/319
$
M
1.�
UNITED STATES OF AMERICA
DB 440/319
o �
,II �
CITY OF DURHAM
DB 1534/346
PB 115/172
S.p. Puckett & Assodates
M
n
G
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Corn TOW
Cwm L a+0 th oats I Oaecem mgea
CI 205.41 80000 201A1 14.4 2 18 10131
�C2 2U45 BM0Q 252.39 T NI-61 I' 11 12779
Wetland Deliniation Map for:
Patterson Place Medical Center)
January 27, 2007
Triangle Township - Durham Co., NC
111K
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 2, 2011
Cal Reider
Spangler Environmental, Inc.
4338 Bland Road
Raleigh, NC 27609
Dee Freeman
Secretary
I W /RRO# 11 -138
Durham County
BASIN:
❑ Neuse (15A NCAC 213.0233) ❑ Tar - Pamlico (15A NCAC 2B4O259)
® Ephemeral /Intermittent/Perennial Determination ® Isolated Wetland Determination
Project Name: Patterson Place Medical Center
Location/Directions: Subject property is an undeveloped tract located at 3705Sotlthwest
Durham Drive in Durham. PIN# 0800 -02 -51 -9112
Subject Stream: UT to New Hope Creek
Date of Determination: June 27, 2011
1 1-1-11411 Cr Varit"I
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
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 may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands /401 Unit, 1650 Mail Service
Center, Raleigh NC 27699 -1650.
North Carolina Division of water Quality Raleigh Regional Offcc Surface Water Protection
Internet www.ncwaierqu q.or9 1628 Mail Service Center Raleigh, NC 27699 -1628
An Equal Cpporturdty/Affirmative Adion Employer — 50% Recyded110% Post Consumer Paper
t Caro inn
umAy
Phone (919) 791 A200 Customer Service
FAX (919)571 -4718 1.877- 623.6748
Feature
E/1/P"
Not
Subject
Start(a
Stop@
Stream
Soil
USGS
IA
Subject
Form Pts.
Survey
To o
E
- --
- --
No Wetlands
X
X
113
E
- --
---
Isolated
X
X
Wetlands
1 1-1-11411 Cr Varit"I
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
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 may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands /401 Unit, 1650 Mail Service
Center, Raleigh NC 27699 -1650.
North Carolina Division of water Quality Raleigh Regional Offcc Surface Water Protection
Internet www.ncwaierqu q.or9 1628 Mail Service Center Raleigh, NC 27699 -1628
An Equal Cpporturdty/Affirmative Adion Employer — 50% Recyded110% Post Consumer Paper
t Caro inn
umAy
Phone (919) 791 A200 Customer Service
FAX (919)571 -4718 1.877- 623.6748
Patterson Place Medical Center
Durham County
August 2, 2011
Page 2 of 2
If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. 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 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality (Central Office) at (919)-807 -6301, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919 )-544 -4884.
Respectfully,
Martin Ri mond
Environmental Specialist
cc: Wetlands / Stormwater Branch, 1650 Mail Service Center, Raleigh NC 27699 -1650
RRO /SWP File Copy
7143 �bYo ft4 'e(ttts Ctat acr�atey 4tkis tTe h t; dtry
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Repu7AWY MOW \
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Date \
USACE AM43 10 \
QSZE' \
WeLWO dct7x3M, pO!ar:red by \
UINVkr EmSOnmert t IM. w Agent to 1ta1,'krrd PmpvbM LLD. \
Lcr4s d hwts .'Ni d Sato? 404 d Cleat Wamr Act ar imed m 7.e \
rid a u5 A." COM of fty; en on Mach 1.2W. For L �cnatbn a-a NGgniclFEx GONE, ue \,
d=6 cart= ITM SpeRye: at 919.5564750. 09 /597/113
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to SW,9W EI.Y}LC -ftt*t bXC as Agent to E4L*vaW WW&te% LLP
AREA MT 08,MAIM
\ AS OF UA803 1. 2007.
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Wetland Oeliniabon Map fo1
Patterson Place Medical Cenb
inuary 27, 200)
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BAINBRIDGE
THE BAINBRIDGE COMPANIES LLC
The Bainbridge Companies Carolinas 1616 Evans Road, Suite 104
Cary, NC 27513
Telephone: (919)462 -1275
February 27, 2013
To Whom It May Concern:
The letter serves to inform you that Bainbridge Communities Acquisition I, LLC located at 1616
Evans Road, Suite 104, Cary, NC, as the buyer of record and under contract with the property
owner, Boulevard Forest & Trees LLC, hereby authorizes Spangler Environmental, Inc. to act as
our technical agent for the purposes of environmental issues, including wetland and stream
identification, permitting, mitigation planning and regulatory agency coordination at the property
known as Patterson Place Apartments. All site visits by regulatory personnel must be
coordinated in advance with our agent, Spangler Environmental, Inc. This letter supercedes all
previous Agent - related correspondence.
The following contact should be copied on all correspondence:
Agent:
James A. Spangler, CEI, A.M.ASCE
Spangler Environmental, Inc
4338 Bland Road
Raleigh, NC 27609
(919) 875 -4288
Sincerely,
BAINBRIDGE COMMUNITIES ACQUISITION 1, LLC
a Florida limited liability company
By: l' Q
Ronald P. Perera, Authorized Representative
80CMEALESM193881
22484/0048
i KHr n� AKtHJ _ y c�---I*- L
® STORM SERVICE ROOF –DRAIN —TP TP —TP — TREE PROTECTION 1 °
DURHAM PUBLIC
LD LL LIMITS OF DISTURBANCE SCHOOLS BOARD --- — — —
JUNCTION BOX ) D.B. 1736/594
P.B. 179/248
WOODED AREA / PARCEL ID 140SY75 //
�-•- DRAINAGE FLOW ARROW 250 / �/ / / / / 50' TRANSI ZONAL USE AREA
10 CONTOUR
52 �STRUCTU�S N0i TO
ti LINE BREAK SYMBOL – ® - - - -- 2 2' CONTOUR / / / / EXCEED 60 IN EIGHT)/ _ ' ` �,\ \ \ ` ` \ \ \ \ \ — — — -- \ ° — — — — — / / 0 Ed, 1
250.50 250 - -___– EXISTING 10' CONTOUR
°
TOP & BOTTOM CURB ELEVATIONS
250.00 _ _252
EXISTING 2' CONTOUR