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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? FM3720080000K '54—h�✓er Er�Yir�nmeQ, AAgent's Printed Name Aer Date i n gent's Signature nature is valid only if an authorization from the a lic ant is rovided. Page 10 of 10 R � g 7 1 "'; 1� `1r'�f' � -- � ��� Fly 1 '�f %l • � }� _ i � �.rr e s , V{ r 1 / )j�1 �� f .. i C f f ti ✓ L 4� J r 1 r", swy ` _s �--- , ,; � IK"; �.,. . et-• a ,,� i ,�✓ ` � i { � � 'v / "p ,:✓ -r., ,�, G �l i Y' n,�-.. r i ... � t# t rr� � ,.1 ...J.Jj� j`�.. 1 � � if �`�� � i(f �+ �. /,...'pp1 r.r� � � C � \� t� S v_, -✓ �y �-t � A a ,�^ y�f � 4# r Legend: 0 2000 feet N SITE Bainbridge Patterson Place 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 SW Durham Quadrangle l4oins sheef 25 T_ vC2 1 DURHAM COUNTY, NORTH CAROLINA � . K GrB sE WV < m a S a (n x -,WsC� 1 < t CSC CL ' Q * ' Y z g 'a 1 i x J c- A A - _�Gi >3N5 `�( S } # Pit r / = sa r° r, C r B r tr'�= f An 5c i+ 2000 feet Ch Ch t 0 m v v o v > E N L O E � N :n � w Q p 0 E v cn V) L U c N z o V) O N U U Z 2 � W— J N 0Z WT � W 400 IL > W � NW C co m 00 M M V A, W V m a C O N L m E Z m a E� o N N Mo 3 13 Z 0 a � C .m m x o Pl� M� 5 a 7 `S gs P wit t rso -r Legend: n,z�w x v a 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 �o a 0 0 0 v Cl) N N a IAREA OF IMPACTED WETLANDS - 5.427 SF (.12 AC.) / /PROPOSED ByII�IND / '� ol --APPRMATE RUNE � a�� ROP ! � _ � � ` • OF EXISTING DS t` �S / % \ • — TO I BEG WETLAN / / , • ♦ — —la?a ST/1: 12 +63.82 9FFSET =0,18' ,y w PROPOSED GRADE EXISTING GRADE 290 AREA OF FILL 290 2 0 — Z75 255 255 �p�p � 8 °�# � °pp8� �o�p a 8 °agm6 qm� F/G = N N N N N N N N N N 10 +00 10 +50 11+00 11+50 12 +00 12 +50 GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. 0 0 N BR-12000 PATTERSON PLACE APARTMENTS THE JOHN R �nAMs ` 99 BBM2=— P1.DWG COMPANY, INC. m 1• =50' DURHAM, NORTH CAROLINA �.� 6; W DATE: 02 -21 -2013 WMAND DAFA�.'T EX rr m � MIS V eoa73M64e...,Job m m mu=-U m ud; MISS d 'o a_ X Fitz 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 tv Y �o mg 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 u z 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 d Ike xawkbon a Sevla1404 rl%Dean v'"axr Act aiaf?1 tke de5lyxted Tail? Ar[q n deferm:'rd Ey the c�ls53Y.cd on tl1S d8M OUW ataaa ,,,marDeae acat>xsseda�aaecxtb" delme .... UrIm Met x Orange .a the 4.* a = lzmm.ea rK'.drw,% O's detem5tabon 0 Satlzn 504;�zlsC+tDdn mat be rt5ed tyon fer a =Ad ,a m eaeed Ge)4�s from dos Qar+t T1tis dCO'a4Nt10n was Wade LY. -.'p the 1987 Cc=a fr pl em 19111a:A De5ta k Mmwa, \ Repu7AWY MOW \ Tlue \ 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 P8 156($] r "I rxaoe/tY Wz an Aax 180t 2011 for ectetdl xetl7rxls 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. sw3.w OOeew4 m ` A 41t(• -q Po i5!' %7 1� eaw ry ti.nem � c� o c..w m161p POQg1 CL A Y4ne w Os 1 MY PB \\ W42 -'` \ RCP 16LWGMN \ Ge OINK OF MOM \\ W.) LEE W ET AL W 2W/579 P8 434A P8 131/112 usm / AREA W ORNIATM (/ AS OF VA" 1, 2C07. (wlrtlan3 3' SW TAB? SEW EASE at Put Pa 131/35? L )�� YAW ES LOCA'i4 OUM OF E� LTE VWrV k ACCESS EASDaT cER P9 134/38? (11�t /13 =L 54a223 q 2/a 125 ,,LYztcd l_ —,ti (" - u LTI er mm 5a0.t8 w R/W52 mm I 011allgl PLREIY SC✓♦00.S ��9 �� I 6f:ARD Ot E111CA[:OI tR 1)39/594 P9 "4/195 I art' OF mmuu 8 11WIM 491'@ STA 08 4't71E0 STATES OF AUDECA TO 414/319 CM OF CL " E8 15N/319 P8 115/)72 WM STATES OF AUMCA as 140/319 "�� �c-�■ =-air tttt;��ta�s-"� I Wetland Oeliniabon Map fo1 Patterson Place Medical Cenb inuary 27, 200) Triaf4e T-Iws . ourron Ca, H( DURHAM COUNTY, NORTF- WvC2� GrB 3 M(sE� , k 1 I � \ 1 �✓" ,r` .t rte �, 16 + j 501 CrB + + yb ai !C B a *wa`� r i s5,4 �. —1 Alf - a., v a , e 4 ., fi w + ^�� 4 / `� y G,. !�""i. 1. s 0. �iw tb•�.� ` } +l �Cit Wsc WSE {rB f C I -C VVSB r y, WSC W r Wh GoMAPS - Durham County NC Public Access /&'/Onf`11• /38 Y'r .W q r M Durham Ci FAIf F -u#v I uc,(lav, Auh1ust _' 3U 1 1 >, A4,01a f11 l o* . 0;! ® � Streams and_ Ditches 1.' J DITCH RIVER STREAM UNKNOWN Highways Parcels Surface _Water PoP4gons Municipal___ Boundaries Chad Hill Durha m �� Mprr�sv:!ie i � Rair_+.gh I uc,(lav, Auh1ust _' 3U 1 1 >, A4,01a f11 l o* . 0;! ® � 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