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HomeMy WebLinkAbout20130611 Ver 1_401 Application_201306132013'061 1 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846 -5900 • Fax: (919) 846 -9467 www.SandEC.com To: US Army Corps of Engineers Wilmington Regulatory Field Office Attn: Thomas Brown 3331 Heritage Trade Drive, Ste. 105 Wake Forest, NC 27587 From: Deborah Edwards Shirley Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: Westwood Avenue Extension Wilson, Wilson County, NC June 10, 2013 S &EC Project #6812.P2 NC Division of Water Quality WebSCaPe Unit Attn: Karen Higgins 512 N. Salisbury Street (9°i floor) Raleigh, NC 27603 On behalf of the applicant Mr. David Woodard of Heritage Place of Wilson, LLC, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers and the N.C. Division of Water Quality that the activities proposed below may proceed under Nationwide Permit 14 and General Water Quality Certification 3886 and obtain a Riparian Buffer Authorization Approval. Please contact me at (919) 846 -5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Westwood Avenue Extension Project Type Linear Transportation Project Owner / Applicant Heritage Place of Wilson, LLC County Wilson Nearest Town Wilson Waterbody Name UT to Bloomery Swam Basin Neuse Index Number 27-86-643) Class WS -IV, NSW IMPACT SUMMARY Stream Impact (acres): 0.028 Wetland Impact (acres): 0.205 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.233 Fn Total Stream Impact (linear feet): 1 299 Attachments: Pre - construction Notification Application Form Agent Authorization Form NRCS Soil Survey Map & USGS Topographic Map DWQ Determination Letter (NB /IPRRO#12 -51) NCEEP Mitigation Acceptance letter Draft Preservation Map Draft Preservation Language Overall Site Plan & Existing Conditions Survey Impact Exhibits DWO ONLY: SMP Approval letter LS Calcs, Supplement Forms & O &M's Construction Plans Stormwater Management Plan Sheet $570 DWQ Application Fee USACE ONLY: Municipal Agreement g� f` `o of INN�AL,$ QG > I ILJLiJLX 0lqiii�T 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 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 14 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 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in4ieu 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 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Westwood Avenue Extension 2b. County: Wilson 2c. Nearest municipality / town: Wilson 2d. Subdivision name: Heritage Place 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Heritage Place of Wilson, LLC 3b. Deed Book and Page No. D.B. 2080 & 37, Pg. 806 & 141 3c. Responsible Party (for LLC if applicable): David Woodard 3d. Street address: 2514 West Nash Street 3e. City, state, zip: Wilson, NC 27896 3f. Telephone no.: 252 - 243 -3136 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 13 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: David Woodard 4c. Business name (if applicable): Heritage Place of Wilson, LLC 4d. Street address: 2514 West Nash Street 4e. City, state, zip: Wilson, NC 27896 4f. Telephone no.: 252 - 243 -3136 4g. Fax no.: N/A 4h. Email address: N/A 5. Agent/Consultant Information (if applicable) 5a. Name: Deborah Edwards Shirley 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: DShirley @SandEC.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): Parcel ID: 3702 -73 -5871 & 3702 -74 -3884 1 b. Site coordinates (in decimal degrees): IMPACT AREA B Latitude: 35.7366 Longitude: - 77.9626 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: t 47.28 acres (Phase within Heritage Place) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Bloomery Swamp 27- 86 -6 -(3) proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW 2c. River basin: Neuse River Basin; Hydrologic Unit Code 03020203 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 wooded and includes a UT to Bloomery Swamp as its southern boundary and three tributaries with riparian wetlands that flow into the UT and bisect the site. The furthest tributary to the west has a Neuse River buffer associated with it. The tributary in the middle has a beaver impounded area on the north side of the property, the southern UT also includes some beaver impounded areas. The Norfolk- Southern Railroad is the northern property boundary and a 70' CP &L easement bisects the property on the eastern side. The general land use in the vicinity is commercial with some residential. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 7.25 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 4900 linear feet 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to connect Forest Hills Road (a major thoroughfare) to Raleigh Road Parkway, (another major thoroughfare) via Heritage Drive. This segment of Westwood Avenue is the last leg of the proposed Westwood Ave. construction to be completed. Due to its strategic location and function in the transportation system of the City of Wilson, the NCDOT via a "Municipal Agreement" with the City of Wilson is contributing up to $250,000 of cost in an effort to help alleviate congestion at the Forest Hills Road /Raleigh Road Parkway intersection, by far the heaviest traffic count intersection within the City of Wilson. In addition both the City of Wilson and Wilson County have contributing funding to the project as an economic incentive. Therefore this project due to both its strategic transportation and economic impact has been developed as a joint public/private partnership funding project, that will benefit all of the citizens of the City of Wilson and will help to alleviate both traffic congestion as well as improve the air quality within the immediate area due to less idling time for motor vehicles sitting at traffic signal lights. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of constructing a road, connecting the existing Heritage Drive with the existing stub of Westwood Ave, which connects to Forest Hills Road. There are three (3) stream tributaries that will be crossed, along with the riparian wetlands associated. In addition, Level Spreaders and Engineered Filter Strips will be constructed to meet the NC Division of Water Quality Stormwater and Diffuse Flow requirements. Equipment such as bull dozers, bucket loaders, excavators and other typical equipment used for land disturbance will be utilized for this project. Page 3 of 13 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 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? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary [I Final Comments: The JD package will be submitted separately, but within the review period of the PCN Application. 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Soil & Environmental Name (if known): Bob Zarzecki Consultants, PA Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE -site visit with Thomas Brown on March 20, 2012 confirming jurisdictional streams & wetlands. NCDWO -site visit with Martin Richmond on February 8, 2012 confirming riparian buffers on property (NBRRO /IPRRO #12 -51). 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. This is last segment of the Westwood Avenue project that runs from Forest Hills Drive to Heritage Drive. Page 4 of 12 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 (Area B) ® P ❑ T Road Crossing & Headwater Forest ® Yes El No ® Corps ❑DWQ 0.056 Dissipater W2 (Area C) ® P ❑ T Road Crossing & Headwater Forest ® Yes El No ® Corps El DWQ 0.0005 Dissipater W3 (Area D) ® P ❑ T Road Crossing & Headwater Forest ® Yes E] No ® Corps ❑DWQ 0.148 Dissipater W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.205 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 — non -404, width (linear (INT)? other) (feet) feet) S1 (Area B) ® P ❑ T Road Crossing & UT to Bloomery ❑ PER ® Corps 4' 102 Dissipater Swam p ® INT ❑ DWQ S2 (Area C) ® P ❑ T Road Crossing & UT to Bloomery ® PER ® Corps 4' 108 Dissipater Swamp ❑ INT ❑ DWQ S3 (Area D) ® P ❑ T Road Crossing & UT to Bloomery ❑ PER ® Corps 4' 89 Dissipater Swam p ® INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts D99 3i. Comments: Page 5 of 13 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 impacts 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 Temporary T 01 ❑ PEI T 02 ❑P ❑T 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then com lete 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 Floode d 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: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ❑ Tar - Pamlico ❑ 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? 61 (Area B) ® P ❑ T Road Crossing UT to Bloomery Swamp ❑ Yes ® No 7,156 4,811 132 ❑P ❑T ❑Yes ❑ No 63 ❑P ❑T ❑Yes ❑ No B4 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 7,156 4,811 6i. Comments: Page 6 of 12 Page 7 of 13 PCN Form — Version 1.3 December 10, 2008 Version D. impact Justification and Mitigation 1. Avoidance and Minimization 1a. 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 in order to identify natural resources so that impacts could be avoided /minimized to the maximum extent practicable. Impact Area B is proposing permanent impacts to an intermittent stream and wetland area for a road crossing. This crossing is necessary to get from the existing Heritage Drive to uplands on the east side of the stream. This crossing has been designed to cross at a near perpendicular angle and headwalls are proposed to minimize stream and wetland impacts. Impact Area C is proposing permanent impacts to a perennial stream and wetland for a road crossing. This crossing is necessary to access the uplands area to the east of this proposed crossing, just west of Impact Area D. This crossing has been designed to cross at a near perpendicular angle and headwalls are proposed to minimize stream and wetland impacts. Impact Area D is proposing permanent impacts to an intermittent stream and wetland area for a road crossing. This crossing is necessary to get from the uplands area to the west of this proposed crossing, to the existing Westwood Avenue stub. This crossing has been designed to cross at a near perpendicular angle and headwalls are proposed to minimize stream and wetland impacts. Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 14. With respect to linear transportation crossings conditions (Regional Conditions section 4.0) the applicant does not anticipate any stream relocations, all culverts have been sized appropriately in order to accommodate bank -full flows and will be buried the appropriate depth below the streambed to allow for aquatic life passage; and this project is not being used in conjunction with a NWP 18 to create an upland area. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. As per the project engineer -The proposed project will be subject to Sedimentation - Erosion Control Plan that will be approved by the City of Wilson who operates its own Sedimentation - Erosion Control Program. To minimize and avoid impacts all clearing has been performed by using a hydroax to minimize disturbance. A strict construction limits especially in environmentally sensitive areas to help ensure minimization of impacts. Also, prior to commencing construction an onsite meeting will be conducted with contractor and City of Wilson to emphasize the importance of staying within established construction limits within environmental sensitive areas. All wetland limits will be noted to the contractor prior to beginning construction along with these limits physically established on the construction site. Silt fence and rock dams will be utilized during construction to contain sediment to the site. The site will be inspected after every rain in excess of. I of inch to determine if corrective sedimentation - erosion control measures will need to be taken. Also the City of Wilson conducts a very thorough and aggressive sedimentation - erosion control inspection program with almost daily inspections of sites during construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State ® Yes ❑ No Permanent impacts to wetlands are greater than 0.10 acre and permanent impacts to streams are greater than 150 linear feet, as such the applicant is proposing 2a. Does the project require Compensatory Mitigation for compensatory mitigation in the form of a mitigation impacts to Waters of the U.S. or Waters of the State? payment to the NCEEP and preservation. If however, after review of this application the USACE determines that impacts are deemed not cumulative and compensatory mitigation is NOT required, then the applicant will send an email supporting his withdrawal of the included compensatory mitigation plan. 2b. if yes, mitigation is required by (check all that apply): ® DWQ ® Corps Page 8 of 12 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 —70uantity 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: 299 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: 0.205 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. The applicant proposes to place approximately 4 acres of riparian wetlands into preservation as shown on Proposed Draft Preservation Map. The wetlands will be protected by a Restrictive Covenant, the applicant proposes to utilize the language within the Wilmington District Process for Preservation of Mitigation Property Attachment B- Restrictive Covenant Guidance. A copy is attached for your reference. 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 !! FORMTEXT 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 9of12 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 El 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 project is located within a Certified Local Government A diffuse ® Yes ❑ No flow plan has been reviewed and approved by the City of Wilson. An Approval letter and approved plans are attached for your reference. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 51.209/6 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: This project has been considered a linear transportation project. Three Level Spreader- Vegetated Filter Strips have been proposed for this project. The City of Wilson has reviewed and approved the stormwater management plan for this project. An Approval letter and the approved plans are attached for your reference. ® 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? City of Wilson ❑ 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 ® Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state- implemented stormwater management programs apply ❑ HOW ❑ 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 S. 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 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information I. Environmental Documentation (DWQ Requirement) la. 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 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 ® 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): It is my understanding that an 80' Right -of -way has been hydroaxed through Impact Area B. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Ye s 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 Certfication and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. While the proposed Westwood Avenue Extension is considered a "road on a new location" which has the potential for growth- stimulating effects, the project is located within the City of Wilson ETJ. Therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) 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, and 2) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. 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 is connected to the City of Wilson's Sanitary Sewer System. The City will ensure that capacity of their treatment facility will not be exceeded. Page 11 of 13 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 El Y es ®No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ®No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh ❑ ❑ 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. The Map Viewer found °0" elemental occurrences of state and/or federally protected species within 2 miles of the vicinity of the project. References: North Carolina Natural Heritage Program Online Map Viewer. [June 10, 2013]. Department of Environment and Natural Resources, Office of Conservation, Planning, and Community Affairs, Raleigh, NC. Available at. www.ncnhp.org. 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? Data Query Tool indicated No Habitat Areas of Particular Concern (HAPC) were identifled at the report location. No EFH Areas Protected from Fishing (ERHA) were identified at the report location. References: [NOAA] National Oceanic and Atmospheric Administration. Internet -based search: NOAA Habitat ConservatiorVHabitat Protection Essential Fish Habitat Mapper http.lAvww.habitat.noaa.Qov /protection /efh/efhmaaper /index himl Accessed 10 June 2013 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? Records checks at the State Historic Preservation Once or the Office of State Archeology were not performed. No structures were observed onsite during the wetland evaluation. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year Foodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the Foodplain determination? NC F/oodplain Mapping Information System. Please note that there is a 100 year Floodplain on the south side of the project, adjacent to the UT to Bloomery Swamp, however no impacts are proposed within this area. Deborah Edwards Shirley June 10, Applicant/Agent's Printed Name Applicant/Agent's Signature 2013 (Agent's signature is valid only if an authorization letteHr6rn the applicant is provided) Date Page 12 of 12 Soil & Environmental Consultants, PA t ttuo w+e • ft1d^ ww& an$. =1,6 . raw cus) SOM . F= t9tq) e~ -W 'JUSCAM AGENT AUTHORIZATION PORM Name r %M_j err = V-# uF L�1 V.J [..C.C, Address: ;2 S�(4 N m Q-) X Phone. 2 -'Z— n Project Name /D�pftL �1�i�� i`�=R.QcBC project #7-1. PZ Date 1-- l Q%— r-1% The Department of the Army US. Army Corps of BngawM WilmBlg w District P.O. Box 1890 WgmkWU)D, NC 28402 Attu: _� Pield Office 1 T: iO Re Wetlands Related Consulting and Permitting To Whom It May Concern: 1, the cunent actin behalf owner, �y te and authorize &9 & 1 C°° ' PA to ropp�� nt ��Pigof per applimdo s, to furnish upon � appl a etc. from this day forward. The day of Mds notifkadon supersedes any Previous correspmWrwe caaeerning the agent for this project NOTICE: This ammhathm, for liabiiUty and 1 coofty nmou4 is valid only for goveranumt officials to easier the piopeety when accompanied by S&EC staff. You should call S&BC to ansage a site sneedag Prior to vb kkg the she. Print Property Owner's Name Property Owners Signature oe errCDMR � oe !b. ao6 i"r000tl Amb" - [IwQ wacAlk "& EuvhUM Mdd Canul� PA ArdWok Bung :=O=ft-" NC ft- "96Floor O - N G �� �� +� c� W E i'4 rid G OA rrA S r . �• — e _ I Asa A aA f,i,►nr �r�, G GoA .. C, t62 Wd NoA Project Area f31B!1 NaA y A .t A G oA GoA G0F Aya, ; -w ire-, � A yB GoA `�' ►, G tE3 2 • , Project No. Soil Survey Map 0 1,000 2,000 4,000 6821.P3 Feet Project Mgr.: Westwood Site DAE Wilson CO., NC l Soil & Environmental Consultants, PA Scale: 11010 Raven Ridge Rd.• Raleigh, NC 27614 1" = 1,000' (919) 846 -5900 • (919) 846 -9467 1983 Wilson Co. Soil Survey, Web Page: www.SandEC.com 06/04/2013 Map Sheet 5 d \CDE its North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild PE Governor Director July 24, 2012 Bob Zarzecki Soil & Environmental Consultants, PA 11010 Raven Ridge Rd Raleigh, NC 27614 Dee Freeman Secretary H 1L -1 /f; i, IN7B/1PRRO# 12 -5 i a'i;so-n County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B .0233) Starw, ❑ Tar - Pamlico (15A NCAC 213 .0259) ® Ephemeral /Intermittent/Perennial Determination IMS ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 2B.0287) Project Name: Westwood Tract Wilson Location/ Directions: Subject property is approx 179 acre tract located west of Westwood Ave, south of railroad line Wilson Co PIN #3702 -73- 5871.000 Subject Stream: UT to Bioeluery Stimmp Date of Determination: February 8, 2012 Feature FAM* Not Subject Subject Starw, Stop@ Soil IMS Survey To A P X Throughout X X B I X Culvert Outfall X C P X (Not Flag Sl Depicted) D I X (Not DWQ Flag Depicted) car = rpnemerac- tnrermureru rerennrar Explanation: The feature(s) listed above has or have been located on the Soil Survey of Filson 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. North Carolina Division of water Quality Raleigh Regional Office Surfaw water Protection Phone (919) 7914200 Customer Service Internet WMftV brquaW.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 571 -4718 1.877. 623 -6748 An Equal OppOrtuotgr/At>bMW ACUM Empbyer -5D% RecydedM0%Post ConsumerPaper Westwood Tract Wilson Wilson County July 24, 2012 Page 2 of 2 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 most he 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 clo Karen Higgins, DWQ WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. If you dispute the Director's determination you may file a petition for an administrative hearing. You most 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% 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 )-733 -1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554 -4884. Respectfully, Martin Ri and En ronm ntal Specialist cc: WeBSCaPe —1650 Mail Service Center RROiSWP File Copy ACME Mapper 2.0 - 3.9 km WxNW of WilsonNC http: / /mapper.acme.cod , Arsi*i1 -fltii a;1 Arc:Is - 1 of 1 7!24/201210:49 AM 1TURE ICE p e*% 00 t was -T — * . Q A Nob {Jobe cheat 1) p Rik NOS A NOA t3oA IOA us A# 0 NA ab GOA NOA k - Ir rip a AyA Ur kt (if Ra N v ABA a � Ay8 % ABA EXA • TS Ilk AYA NOB At 4 Z Nue Rb -u MOB .r Zfc�� X So Ask a tswle Nue Was 4 CA 09 Ut ce NO Me t A jyeA ,:7 tib No;).- Gy UC4 US A 7 17) AyA Nus Us It AyA Gts2 Ur ff It ABA Rb 4f , , o� . 1 Us jti — Us R a .tip AiB NuB r3o " E-2 C Yll /* AaX AS A ..a R ony Z:4 vz' Tt AcA Rb StA Ur d Ut Of mus SIA NOA 08 to //}CVO Gtiq AZP -jol rf -wo A SjA CoA k �- ••L J-. .. ♦t�• .. y� O • �� Y 1, �. fir � � •' r.,., ♦ I�`•YI / I / T ,11.E ff • i • � '- \ -;�ti._ _ _ -� � r . / 41-1 IV Al VN 1 Tdip westwwd S& .., .s. _ •• Wdsm County, Nc EC r4�1 ; 1* Ecosystem ._ _ PROGRAM June 4, 2013 David Woodard, Jr. Heritage Place of Wilson, LLC 2514 Nash St., NW Wilson, NC 27896 Expiration of Acceptance: December 4, 2013 Project: Westwood Ave. Extension County: Wilson The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also cgMRIY with all other state federal or local government permits. regulations or authorizations associated with the D=osed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011 -343. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River I CU Basin Location Impact I Neuse 1 03 Stream old Cool Warm Ri aria 0 0 299 Up to 0.25 Wetlands (acres) Coastal 1 Buffer I I Buffer Il (Sq. Ft.) (Sq. Ft.) 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, Jame . B tanfill Asset nagement Supervisor cc: Karen Higgins, NCDWQ Wetlands/401 Unit Thomas Brown, USACE - Raleigh Martin Richmond, NCDWQ - Raleigh Debbie Shirley, agent File Rwtoru ,�J... E ... Pro" Our Stag North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 919 -707 - 8976 / www.neeep.net ATTACHMENT B - RESTRICTIVE COVENANT GUIDANCE We do hereby certify that the language set forth hereinbelow will be a part of any and all Restrictive Covenants applicable to property adjacent to extension of Westwood Avenue as shown on the plat attached hereto. "The areas shown on the recorded plat entitled , dated , and recorded in Book , Page ,Wilson County Registry, as conservation areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall perform any of the following activities on such conservation area. A. Fill, grade, excavate or perform any other land disturbing activities; B. Cut, mow, burn, remove, or harm any vegetation; C. Construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures; D. Drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area; E. Dump or store soil, trash, or other waste; F. Graze or water animals, or use for any agricultural or horticultural purpose. This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID, and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it." Notwithstanding anything in these Restrictive Covenants to the contrary, under no circumstances can the Covenants set forth in this Section be amended without the express written consent of U.S. Army Corps of Engineers, Wilmington District. 71933 i-- 3 MAP= IL amomen _YNO l — IOT 1'4HNM RAI� .�30 r — — 1 loll N COQ 174 18 \ \ _ IMPACT ' °° o � \� I � � _. = 11 - F C"a.q- 09 "a W ARE — �� \ IMPAC I / it _� \\ PE 3703-06-04B «-,. B �� 1 gRFAJI L \ / /� yw�ts 44 ' ARFA / S 0 --1P� I>L i n n/ I /r LOM 0 W4 PC 720 A 3712-03-2M •� .��� � �l \�.\ J I 111\ o `_F -TWOOD 3703913'E " 16 / �� 9 WE 1.OS'E` - / �X \\ JURISDICTIONAL WETLANDS 1 JURISDICTIONAL WETLANDS (IMPACTED) Em TOTAL STREAM IMPACTS — 299 LF/1,225 SO FT TOTAL WETLANDS IMPACT — 0.205 AC/8,944 SO FT TOTAL ZONE 1 BUFFER IMPACT — 7,156 SO FT TOTAL ZONE 2 BUFFER IMPACT — 4,811 SO FT RIPARIAN BUFFER ZONE 1 IMPACTED STREAM IMPACT CURVE TABLE CURVE LENGTH RADIUS CHORD BEARING CHORD C10 17,53' 5 00' 48'0 ' 7'W 16.55' C11 67,01' 00.00' N62'19'47` 5.76' C12 16.08' 15.0 ' S73'S01S ' 15,32' 03 6.08' 1 0 ' 4443'27' 15.32' C14 6136' 0 N3 '05'16"W 60.41' C15 1 16,81' 15,00' S17*33'11 ` 15.95' C16 174.84' 1 N5 •05'55`W 172,53' Westwood Avenue Extension 0 9 ®s 9 Impact Map Heritage Place of Wilson, LLC City of Wilson, N.C. ' � 400 0 400 800 1200 r ' 80 Herring— Sutton & Associates, P.A. �''..i' • Engineers — Surveyors — Planners 2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887 SHEET 1 OF 4 P: \02PROJ \1870 \1870— LDDT\dwg \1870AJ— WESTWOOD OR— WETLANDS— IMPACT.dwg 6/6/2013 4:29:59 PM EDT PROPOSED NEUSE BUFFER ZONE 1 IMPACT AREA 7,156 SF PROPOSED NEUSE BUFFER ZONE 2 IMPACT AREA 4,811 SF JURISDICTIONAL WETLANDS JURISDICTIONAL WETLANDS (IMPACTED) STREAM IMPACT RIPARIAN BUFFER ZONE 1 IMPACTED 102 LF STREAM IMPACT LENGTH 432 SF STREAM IMPACT AREA Westwood Avenue Extension Impact Area "B" Heritage Place of Wilson, LLC City of Wilson, N.C. 40 0 40 80 120 Herring— Sutton & Associates, P.A. Engineers — Surveyors — Planners 2201 Nash Street NW Wilson, North Carolina 27898 (252) 291 -8887 \1870AJ— WESTWOOD DR— WETLANDS— IMPACT.dwg 6/6/2013 4:29:59 PM EDT 1+ z T, o SHEET 2 OF 4 P: b � E:1 JURISDICTIONAL WETLANDS JURISDICTIONAL WETLANDS (IMPACTED) STREAM IMPACT 108 LF STREAM IMPACT LENGTH 430 SF STREAM IMPACT AREA 144tt =treIm i cid Vwide / \ WETLAND AREA / \ Ij 11 C 11 24 SQ FT i � I c#dd d 5'wii 143tta1 ream 1 142 dd 5'wids' 141 d� 5'wide . c d 3' wide dj 3'wide 140 dd 3'wide /dd 3'wide 138 I Il 1 1 137 dd 4'wide i I / 206ttit er amp \ ' cld VAide I cid wide \ dd 'wide 1 d' 207ttstre6m 1 208 \ d \ \ \ i 5'wide 209 \ \\ 1 \ \ 1 10 212 \ \ \ 213 d ! 14 \ \ 21 \ \ db 3'wide \ d 3'wide \ \ i 216 \ \ \\ dd 3'wide Westwood Avenue Extension Impact Area "C" Heritage Place of Wilson, LLC City of Wilson, N.C. 40 0 40 80 120 ENEIN Herring— Sutton & Associates, P.A. Engineers — Surveyors — Planners 2201 Nash Street NW Wilson, North Carolina 27898 (252) 291 -8887 \1870AJ- WESTWOOD DR- WETLANDS- IMPACT.dwg 6/6/2013 4:29:59 PM EDT SHEET 3 OF 4 P: a N 2 =f �7 Q O 1 JURISDICTIONAL WETLANDS JURISDICTIONAL WETLANDS (IMPACTED) STREAM IMPACT 89 LF STREAM IMPACT LENGTH 363 SF STREAM IMPACT AREA Westwood Avenue Extension Impact Area "D" Heritage Place of Wilson, LLC City of Wilson, N.C. 40 0 40 80 120 Herring— Sutton & Associates, P.A. Engineers — Surveyors — Planners 2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887 4:29:59 SHEET 4 OF 4 1 1 1 1 1 1 1 L P: .•� ►•�i !`a�►��• *fie_ � •'���� 1 I 1 '��`• *�•� X6.0, ` RAW sn... —40 —20 0 20 40 Wetlands Impact Map X— Section Impact Area "B11 (Sta: 20 +15) Westwood Avenue Extention City of Wilson, N.C. Herring— Sutton & Associates, P.A. Engineers — Surveyors — Planners 2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887 \1870AJ— Westwood— Wetland Impact— Xsections.dwg 6/6/2013 3:31.57 PM EDT 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 SHEET 1 OF 1 Elm �M I ■/AMiC57-07, !4!RIM - .�r•NONE i ■ IMM —40 —20 0 20 40 Wetlands Impact Map X— Section Impact Area "B11 (Sta: 20 +15) Westwood Avenue Extention City of Wilson, N.C. Herring— Sutton & Associates, P.A. Engineers — Surveyors — Planners 2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887 \1870AJ— Westwood— Wetland Impact— Xsections.dwg 6/6/2013 3:31.57 PM EDT 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 SHEET 1 OF 1 END STREAM IMPACT 1 � 120 ♦T / 1 • • 122— �� -- �. • • �. 126 I / 1' BEGIN STRE —40 —20 O 20 40 Wetlands Impact Map X— Section Impact Area "C" (Sta: 9 +20) Westwood Avenue Extention • = City of Wilson, N.C. 01 Herring— Sutton & Associates, P.A. Engineers - Surveyors - Planners 2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887 P: \02PROJ\ 1870\ 1870— LDOT \dwg \1870AJ— Westwood — Wetland Import— X3eCbOn9.dw9 6/6/2013 3:31 :57 PM EDT 129 128 127 126 125 124 123 122 121 120 119 118 SiiM 1 OF -1 FEW 1. —40 —20 O 20 40 Wetlands Impact Map X— Section Impact Area "C" (Sta: 9 +20) Westwood Avenue Extention • = City of Wilson, N.C. 01 Herring— Sutton & Associates, P.A. 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Engineers — Surveyors — Planners #tells q.N�� 2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887 P: \02PROJ\1870\1870- LDOT\dwg\1870AJ- Westwood - Wetland Impact- Xsections.dwg 6/6/2013 3:31 57 PM EDT SHEET 1 OF 1 - �'�- ��-- � -� I�■1�:,rr.1. - ■� 'fly 1:17: �� I ■i�'�ir�= ors,:: �i ■s�'�«�T'!����"CE3i;�. � -ill /� �+di�iL'i1�1■ • - . � _��R# -���� tea' rlrl �I�Q�I ■�i ■�r�w"' r �r�l W 129 128 127 128 125 124 123 122 121 /� � 120 -40 -20 0 20 40 Wetlands Impact Map X— Section Impact Area "D" (Sta: 1+95) Westwood Avenue Extention L City of Wilson, N.C. o Herring— Sutton & Associates, P.A. Engineers — Surveyors — Planners #tells q.N�� 2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887 P: \02PROJ\1870\1870- LDOT\dwg\1870AJ- Westwood - Wetland Impact- Xsections.dwg 6/6/2013 3:31 57 PM EDT SHEET 1 OF 1