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HomeMy WebLinkAbout20090735 Ver 3_ePCN Application_20210819DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April4,2021 Ver4 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned * Version#* 20090735 3 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification IT $570.00 Reviewing Office * Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Stephanie Goss:eads\sagoss Information for Initial Review 1a. Name of project: Corbinton East 1a. Who is the Primary Contact?* Jennifer Burdette 1b. Primary Contact Email:* burdette@nrconsultnc.com Date Submitted 8/19/2021 Nearest Body of Water lJf to Eno River Basin Neuse Water Classification WS-V; NSW Site Coordinates Latitude: 36.083089 A. Processing Information County (or Counties) where the project is located Orange Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* r Yes r No Longitude: -79.087562 1c. Primary Contact Phone:* (919)422-3605 L.1 ID# 20090735 Pre -fling Meeting or Request Date 3/18/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach documr nt 01-EYC-20000_Pre-Filing Complete_2021-04-18.pdf File type rust be FCF 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification Version 3 39 - Commercial/Institutional Developments le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR401 Certification: For the record onlyfor Corps Permit: 882.48KB f 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 02-Neu-Con SOA - Hannah Bridge - Corbinton East.pdf 1In. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? C Yes r No F. Applicant Information 1d. Who is applying for the permit? 17 Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: KEPSC Hillsborough, LLC 2b. Deed book and page no.: DB 5843; PG 457 139.03KB r Yes r No r Yes r No 2c. Contact Person: Edward Kalikow 2d.Address Street Address 7001 Brush Hollow Road Address Line 2 City Westbury Postal / Zip Cade 11590 2e. Telephone Number: (516)876-4800 2g. Email Address:* ed@kaled.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Burdette 4b. Business Name: Natural Resource Consultants 4c.Address Street Address 10212 Creedmoor Rd Address Line 2 city Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)422-3605 4f. Email Address:* burdefte@nrconsultnc.com State / Rovince / Pegion NY Cauitry USA 2f. Fax Number: State / Rovince / legion NC Country USA 4e. Fax Number: Agent Authorization Letter* 03-EYC20000-Corbinton-KEPSC Property Owner Cert.pdf 59.77KB 04-Corbinton Agent Authorization Form - Clean Water Act SIGNED 8-11-21.pdf 406.27KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Corbinton 1c. Nearest municipality/ town: Hillsborough 2. Project Identification 2a. Property Identification Number: 2b. Property size: 9874386413 & 9874490155 13 2c. Project Address Street Address 713 Market House Way & 715 US 70 E Address Line 2 (Sty State / Rovince / tegion Hillsborough NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Eno River 3b. Water Resources Classification of nearest receiving water:* WS-V; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010303 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The central portion of the project area was cleared and graded in 2007 and nowcontains early successional pine forest, remnants of two sediment basins, and a dirt access road. The perimeter and western portions of the project area contain mature mixed pine -hardwood forest. Land use in the vicinity of the project consists of mixed pine/hardwood forest and residential subdivisions. Please refer to the attached USGS Location Map (Figure 1), Wake County Soil Survey Map (Figure 213), and Aerial Map (Figure 3 - attached after Figure 2B) for more information on the project setting. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes f No r Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). A Nationwide Permit (NWP) 39 was issued for the overall Corbin Commons project on August 27, 2008, authorizing 86 If of impact to a perennial stream for placement of a culvert and riprap. Written approval of the General Certification and a buffer authorization were not required. On April 28, 2009, Division of Water Quality (DWQ) Raleigh Regional Office (RRO) issued a Notice of Violation (NOV) [NOV-2009-PC-0395] for multiple violations including a temporary road constructed in the location of a road crossing proposed to be accomplished using bottomless culverts and a greenway crossing. On June 29, 2009, a response to the NOV and permit application were received by DWQ (#09-0735 v1). More information was request about the application and NOV. USACE issued a Notification of Unauthorized Activity/Permit Noncompliance on October 28, 2009. Because additional information was not received, DWQ returned the permit application on February 15, 2010. On March 11, 2015, a new permit application for the project was submitted proposing to utilize bottomless arch culverts to construct the crossing and provided the summary of previous impacts provided in Table 1 below. After this application was submitted the Neuse River Buffer Rule was delegated to the Town of Hillsborough. Riparian buffer impacts will be permitted through the Town. Table 1: Previously Impacted Stream/Wetland Areas Resource Type Impact Type Impact Amount Perennial Stream Road Widening 86 If (culvert/dissipater) Riparian Wetland Pump Station Fill 0.020 ac Isolated Wetland Stormwater BMP (Grading) 0.001 ac Isolated Wetland Greenway 0.001 ac McAdams staff met with representatives from USACE and DWR, who agreed the violation had been resolved. it was also determined that the smaller tributary in western portion of the road crossing no longer existed due to habitat alteration from beaver activity. The application was revised to reflect the current conditions and to use traditional culverts instead of bottomless arch culverts. A 401 Water Quality Certification (#09-0735 v2) was issued on May 26, 2015. The project was not constructed. April Norton, USACE confirmed that mitigation payments were not paid. Project History Upload 05-N W P-2008-08-27. pdf 06-EYC20000-Corbinton-401 Approval Letter-2015-05-26.pdf 250.84KB 192.64KB 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 07-EYC20000-Fig 1 USGS.pdf 1.72MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 08-EYC20000_Fig 2B Buffer Sub SS.pdf 1.24MB 09-EYC20000_Fig 3 Aerial.pdf 2MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.94 4g. List the total estimated linear feet of all existing streams on the property: 1,240 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide a mixed use development to serve the current and future residents of the Town of Hillsborough. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project involves completing construction of Corbinton Commons that originally received permit approvals in 2015. The original site plan for the development is attached. Corbinton Commons is a combination of single-family, multi -family and independent living residential development including parking, sidewalks, stormwater control measures, and other supporting infrastructure. A perennial stream and wetland bisect the property from north to south. The single-family portion of the development has been constructed on the west side of the property. This application requests approval to construct the multi -family and independent living building on the east side of the property and a road to connect the two sides of the development. A gravity sanitary sewer connection will be installed by direct bore south of the road. Since the project was permitted in 2015, a temporary culvert placed out of compliance with the permit contributed to the stream flow shifting to the middle of the valley and out of the historically channelized portion of the stream along the eastern side of the valley. Although the newly formed channel has moved to its appropriate landscape position, is actively downcutting with unstable vertical banks. See Appendix attached at the end of the application for photographs of the newly formed channel below the proposed road crossing. After consultation With April Norton, USACE, the applicant proposes to permit and construct a road crossing in the location of the temporary culvert and use natural channel design techniques to stabilize the channel downstream of the proposed road crossing. The road crossing and stream enhancement will impact the perennial stream and wetlands. Impact maps depicting the overall project, an impact area inset, and cross -sections and a concept design for the stream enhancement are attached. Heavy equipment typical for road construction and grading such as bull dozers, excavators and graders will be used to construct the project. 4j. Please upload project drawings for the proposed project. 10-Original Overall Site Plan Corbinton.pdf 11-2021-08-19 EYC-20000 Impact Maps.pdf 12-EYC20000-Stream Enhancement Concept Design.pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2021-01184 & SAW-2008-02360 previously 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jennifer Burdette Agency/Consultant Company: formerly McAdams Other: 407.51 KB 1.86MB 7.35MB r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR When McAdams staff re -delineated the project area, they found a temporary culvert installed in the stream at the crossing location. Debris partially blocked the culvert diverting the stream flow to the middle of the valley. Jennifer Burdette, formerly with McAdams, and April Norton, USACE conducted a site visit on May 20, 2021. Ms. Norton reviewed the delineation and current stream conditions including the instability of the newchannel location. The attached Preliminary Jurisdictional Determination Map shows the delineation approved by Ms. Norton. 5d1. Jurisdictional determination upload 13-EYC20000_Fig 4 PJD Map.pdf 127.96KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts F Buffers tat Reason (?) 2b. Impact type"(?) 2c. Type of W. r 2d. W. name" 2e. Forested" 2f. Type of 2g. Impact Jurisdicition*(?) area* W1 Fill P Non -Tidal Freshwater Marsh W2 No Both 0.123 (acres) U Tidal Freshwater Marsh (acres) 2g. Total Temporary Wetland Impact 0.032 2g. Total Wetland Impact 0.155 2g. Total Permanent Wetland Impact 0.123 21. Comments: There was 0.020 ac of permanent wetland impact associated with the first phase of this development. If approved, the cumulative permanent wetland impact for the project would be 0.143 ac. 3. Stream Impacts F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Road Crossing 1 Temporary Other UT to Eno River (S1) Perennial Both 9 10 Average (feet) (lir�rfeet) S2 Road Crossing 1 9 Permanent Culvert UT to Eno River S1 ( ) Perennial Both 8 67 Average (feet) (linearfcet) S3 Road Crossing 1 Permanent Rip Rap Fill UT to Eno River (S1) Perennial Both 5 24 Avenge(feet) (linearfeet) H Stream Enhancement Permanent Bank Stabilization 2W Eno River ( S1) Perennial Both 4 200 Average (feet) (liriearfeet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 291 10 3i. Total stream and ditch impacts: 301 3j. Comments: Of the 86 If of permanent stream impact from road widening in the first phase of the project, 36 If was for the culvert e)dension and 50 If was for the riprap dissipator as shown on the attached impact inset from the original application at the end of the application. A stream channel has formed through the riprap pad as shown in the in the photograph provided in AppendixA attached at the end of the application. Therefore, the riprap portion of the impact did not result in a loss of stream. The permanent stream loss from the culvert e)dension completed previously was 294 sf. Using natural channel design, the permanent stream impact to 200 If (S4) will enhance stream function and will not result in a loss of stream. The riprap velocity dissipator pool will be embedded in the channel to maintain channel dimensions. Therefore, this permanent stream impact of 24 If (S3) will also not result in a loss of stream. Permanent stream impact from installation of the culvert for the road crossing will result in 67 If and 544 sf (S2). If approved, cumulative stream loss from the project would total 838 sf (0.019 ac). Other = construction access E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant obtained a delineation of surface waters and wetlands prior to the original design of the project to avoid and minimize impacts to these resources to the mapmum extent practicable. Because the stream and wetland bisect the site, impacts from the road crossing are unavoidable. The Town of Hillsborough required a road connection for public safety due to the number of residents proposed on each side of the project. To minimize the impacts from the road crossing, retaining walls were used. Three culverts are required to adequately pass storm flows. The middle culvert is aligned on the stream channel and will be buried one foot to maintain aquatic life passage. Two outer culverts are set at the existing ground surface to maintain flow through the center culvert during base flow conditions. As previously mentioned, a riprap velocity dissipator has been designed to avoid stream loss. A fourth culvert is provided to maintain water flowthrough the wetland area. Stream enhancement is proposed stabilize the newly formed channel and provide functional uplift through installation of riffles and pools, laying back the streambanks and replanting streamside vegetation. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A Sediment and Erosion Control Plan for the remaining project will be reviewed and approved by the Orange County Erosion Control Division and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000). The sanitary sewer will be installed by the direct bore method to avoid temporary impacts to the wetland. For construction of the road and stream enhancement work, stream flowwill be pumped around the project area to protect downstream water quality. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes f No 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? P Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Neu -Con Wetland & Stream Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.35 Attach Receipt and/or letter 3c. Comments The applicant proposes to pay compensatory mitigation for 0.123 ac of permanent wetland impact at a 2:1 ratio for a total of 0.25 wetland mitigation credits required. A statement of availability is attached under section 1g. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? i— Level Spreader i— Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) W Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 14-Orginal SMP Sheets.pdf 1.38MB 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r WA - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government F State Local Government Stormwater Programs W Phase II W NSW r USMP W Water Supply Please identify which local government stormwater program you are using. Town of Hillsborough Comments: In the post -development condition, the project will be approximately 32 % impervious. Chapter 16, Section 5.19 of the Town of Hillsborough (Town) Zoning Ordinance state the following water quality requirements: a) The first 1/2" of rain shall be handled on -site with either structural or non-structural devices reviewed by the Town Engineer. b) Stormwater control structures shall be designed to accommodate a 10-year storm event. c) The rate of run-off from the developed site shall not be greater than that of the undeveloped site, based on a 10-year storm event. d) Water flows shall not be diverted onto neighboring properties beyond preconstruction levels. To address these stormwater requirements, one water quality pond has been constructed and a second one will be constructed on the east side of the property. The stormwater management plan was approved by the Towne in 2006 and will be updated during the site plan revision process. The original plan sheet are attached under the Diffuse Flowsection above. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 2b Provide an explanation of the violation(s): As explain in the project description, a temporary culvert was placed out of compliance with the permit approvals. This permit application proposed to install a permanent road crossing in this location and provide enhance the newly formed stream channel downstream of the road crossing to permit impacts and restore the impacts to the stream channel. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This permit application includes the entire project, which is not anticipated to result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated from the development will be discharged to the existing sanitary sewer system. 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS IPaC web tool (https://ecos.Ns.gov/ipact) was used to identify protected species that may occur within the project area. Suitable habitat is not present for the protected species identified. On May 26, 2021, McAdams submitted a review package to the USFWS. The species conclusion table and self certification letter from the package are attached. Consultation Documentation Upload 15-EYC20000-Corbinton-RFOSelfCertify.pdf 171.87KB 16-EYC20000-Corbinton-Species Conclusion Table.pdf 140.21<13 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat (EFH) Mapper (https://www.habitat.noaa.gov/application/efhmapper/indexhtml) - accessed May 27, 2021 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's attached letter dated June 11, 2021 indicated that they are aware of no historic resources which would be affected by the project. 7c. Historic or Prehistoric Information Upload 17-EYC20000-Corbinton-SHPO Response-2021-06-11.pdf 149.16KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* NC Floodplain Mapping Program, National Flood Insurance Program, Panel 9874, Map Number 3710987400K, effective November 17, 2017 Miscellaneous U Comments Appendix A: Supporting Photographs and Previous Impact Inset are attached below. Miscellaneous attachments not previously requested. 19-Corbinton App A Photos.pdf 1.46MB 20-Corbinton Previous Impact Inset.pdf 132.92KB Signature 17 By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Jennifer Burdette Signature Date 8/19/2021 fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability August 16, 2021 U.S. Army Corps of Engineers April Norton Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Corbinton East This document confirms that KEPSC Hillsborough, LLC (Applicant) for the Corbinton East (Project) has expressed an interest to utilize 0.35 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically from the Hannah Bridge Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1055. Best Regards, Caitlan B. Parker Resource Environmental Solutions, LLC 701 E. Bay Street, Suite 306 Charleston, SC 29403 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT -; Action ID. SAW-2008-02360 County: Orange USGS Quad: Hillsbo [E 0( fimfi GENERAL PERMIT (REGIONAL AND NATIONWIDE) VI i ICATION AUG 2 9 2008 1 Property Owner / Authorized Agent: EYC Investments, LLC Address: Attn: Mr. Ellis Coleman U) 8601 Six Forks Road, Suite 250 Raleigh, North Carolina 27615 Telephone No.: 919-256-3360 Size and location of property (water body, road name/number, town, etc.): 40 acres (approximately), located approximately 75 feet south of the U.S. Highway 70, Gwen Road intersection in Hillsborough, North Carolina Description of projects area and activity: This authorization is for the discharge of clean fill material including a culvert and riprap within 86 linear feet of perennial stream channel for a culvert extension and road widening of U.S. Highway 70. This work is associated with the proiect known as Corbinton Commons The proiect must be conducted in accordance with the application and drawings submitted on July 16, 2008 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers. and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked.. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to. modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at telephone number 919-876-8441 extension 26. Corps Regulatory Official G� Date: August 27, 2008 Expiration Date of Verification: August 27,, 2010 The Wilmington. District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://re ug latorv.usacesurvev.com/ to complete the survey online. Page 1 of 3 Determination of Jurisdiction: ❑ Based on.preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless .there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: The stream is a relatively permanent water (RPW) and an unnamed tributary to the Eno _River, a traditionally navigable water (TNW) and a tributary to Falls Lake Falls Lake is an impoundment of the Neuse River and a TNW. Falls Lake empties into the Neuse River, a navigable water of the United States The Ordinary High Water Mark (OHWM) of the unnamed tributary was indicated by the following physical characteristics: clear natural line impressed on the bank, shelving, changes in the character of the soil and the destruction of terrestrial vegetation This iurisdictional determination is only for the waters/wetlands proposed for impacts associated with this Nationwide Permit and does not include any other waters/wetlands that may be located on the property, Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Andrew Williams, Project Manager, Raleigh Regulatory Field Office U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 27, 2008. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date August 27, 2008 Page 2 of 3 Expiration Date August 27, 2013 Summary of Authorized Impacts and Reouired Mitigation Action ID # NWP / GP # Open Water (ac) Wetland (ac) Unimportant Steam (If) Important Stream (If) Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent saw-2008- 02360 NWP 39 86 Impact Totals 0 0 . 0 0 0 0 0 0 Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (If) 4 0 Required Wetland Mitigation (ac) 10 Required Stream Mitigation (If) 10 Additional Remarks and/or Special Permit Conditions: Special Permit Condition: The applicant must notify the USACE, in writing, at least 15 days prior to commencing work within jurisdictional waters. The notification must be sent to Andrew Williams, Regulatory Project Manager, Raleigh Regulatory Field Office, U.S. Army Corps of Engineers, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587. Your permit application indicated that 0.08 acre of adjacent wetlands were filled at this project site under a NWP 39, which was issued on January 15, 2002 and did not require a pre -construction notification. As a result, the impacts to 0.08 acre of adjacent wetlands and the impacts associated with this application (SAW-2008-02360) are a single and complete project as defined in the Code of Federal Regulations (CFR) at 33 CFR 330.2(i). Any future impacts to waters of the United States associated with the Corbinton Commons project will be considered as part of the single and complete project and will be added to the existing impacts in order to determine compensatory mitigation and/or permit type. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 George Bucholz EcoEngineering 2905 Meridian Parkway Durham, North Carolina 27713 Page 3 of 3 AR_ % ���o NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 26, 2015 KEPSC Hillsborough, LLC Attn: Edward Kalikow 1400 Oakland Blvd., Ste. 103 Ft. Lauderdale, FL 33334 Donald R. van der Vaart Secretary DWR # 09-0735v2 Orange County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Corbinton Commons Dear Mr. Kalikow: You have our approval for the impacts listed below for the purpose described in your application dated March 16, 2015 and received by the Division of Water Resources (Division) on March 17, 2015 with additional information received on May 14, 2015. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion, Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Corbinton Commons DWR# 09-0735v2 401APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0.14 (acres) 0 (acres) Road Crossing Wetland 0.05 (acres) 0 (acres) Sewer Stream 52 (linear feet) 0 (linear feet) Culvert Stream 45 (linear feet) 0 (linear feet) Dissipater 2. Mitigation Using Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from Restoration System's Pancho Stream & Wetland Mitigation Bank to meet the wetlands mitigation requirement and EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX -EM sponsored Forrest Creek Mitigation Bank to meet the stream mitigation requirement. Until Restoration Systems and EBX receive and clear your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to Restoration Systems and EBX to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required River and Sub - basin Number Stream 276 (feet) Neuse 03020201 Wetlands 0.28 (acres) Neuse 03020201 3. Stormwater Management Plan (SMP) Approval from Local Communitv Required You are required to provide one copy (hard copy or digital) of the approved SMP, including plan details on full-sized plan sheets, with proof of the Town of Hillsborough's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the Town of Hillsborough. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] Corbinton Commons DWR# 09-0735v2 401APPROVAL Page 3 of 4 4. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner. must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Corbinton Commons DWR# 09-6735v2 401 APPROVAL Page 4 of 4 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, Fed Ex): Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns. DSincerly, Danny Smi h Supervisor, Water Quality Regional Operations Section n Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 Craig Ferri; EYC Investments, LLC; 2251 Charles Dr.; Raleigh, NC 27612 Kevin Yates; McAdams Company; 2905 Meridian Parkway; Durham, NC 27713 DWR RRO 401 File J 6 Governor 5 C� Ro y 'V FRIENDSHIP Ly 1 i ORANGE HlGN SCH020J RD 4 jj'5 7 HARIDER" RD J, 7n AIN 071- PROJECT AREA Cres V Memorial -P, - p Hillsborough CP 70 - ��.T n Cem, -TO, fu "W'C-O N m5plptewoQ IT1, F CORBIN Si o 550 1 ORANGE ST A 3: z A Z Zt W QUEEN '4 w -0yoN ST, mou '1 /7 wKI)qG ST % exg�lMARCJ�fiETTN j 7 Minerals Lake i FARMAUL' 50 POPLAR1.� J)", ei -x Po L: Po tar Midge MEAD11LA D ib- Bus 2017. NOTES: USGS; 7.5 MINUTE, QUAD, HILLSBOROUGH, NORTH CAROLINA; 2019 2. LAT 36.083089, LONG: -79.087562 0 1,000 2,000 FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP 0000::::000= Feet !Uj CORBINTON EAST 1 inch = 2,000 feet HILLSBOROUGH, ORANGE COUNTY, NC VERSION: 1 DATE: 3/16/2021 McADAms JOB NO: EYC-20000 I I I DRAWN BY: manning m.xpmier.tcxFyr%Fyr-gnnnn%nA-Pmriiir,.tinn\Nntiim I Rp—im—W' 4I.q\Fy7qnnnn-Fin 1 ll.qr,.q myri 111619n91 ln 16 14 AM mnnninn LiLti SL ToldWc LR ^rl?S �F Flr�'. IP r ;� N G(VC i Y I'_ •. a �A r �`• *^'� ]f��S f f 4 . I• •Feature •A-- � ,� a 1 .•�- tic S rP NOVO lsoc 14PD f r f Zo � � t ti Aej t Legend ;c• 1 0hF Poject Area NOTES: 1. NRCS; SOIL SURVEY SHEET 15, ORANGE COUNTY, NC (1976) 0 660 1,320 !B FIGURE 2B. BUFFER SUBJECTIVITY SOIL SURVEY Feet CORBINTON EAST 1 inch = 1,320 feet HILLSBOROUGH, ORANGE COUNTY, NC VERSION: 1 DATE: 3/16/2021 MCADAMS JOB NO: EYC-20000 DRAWN BY: manning M:\Projects\EYC\EYC-20000\04-Production\Natural Resources\GIS\EYC20000 Fiq 2B Buffer Sub SS.mxd, 3/16/2021 10:21:23 AM, manninq O'N -T NV71J ails Trv-aa&o GVOZI S)l OA XIS T09P vmnouvo HMOK'HonoHoGS= 'DMI "kmvdwoD 0 1 1 SIN SNOMOD NOINIqUOD SWV(lVaK'ZINHOr HHJ, swv(lvah; Z, m F, -Z' M HIM gh -M6 de D� t� FU nin v L q 90 a -P '6 5 N, pi g A 0 co N; N p ------------- VNII0Ntl3 HIHON'H9f1omssnH .. Q 3 OL AMH sn SIL J LL a� db'W 13VdWl lltfi13AO o �a O 1SV3 NO1NIGH03 o Oa LL�os�� ,y11_= l l I�nryl I�Ih �r / T— I I I � I — h z w � ----- I \ G i i - - - - - - - - / Z - - - - - - - - - - - - - - - - - - / m n -------------- �I L ---- ------ i -------------- —�— ----------------- _ I��+',111 �yll Tht I r----------- h� i� i� BUFFE0 �0 _t ,20'k r ,ll IMPACT LEGEND ZONE 1 BUFFER IMPACT ZONE 2 BUFFER IMPACT TEMPORARY STREAM IMPACT [S1] TM1e IOM1n R. sCompany, Inc. 2905 Meridian Parkway Nd he o��ham, c z»13 phone 919. 361. 5000 fax 919. 3" 2269 license number: C-0293, C-187 MCADAMS wwu,meadam=eoeom PERMANENT WETLAND IMPACT (W1=0.123 AC) TEMPORARY STREAM IMPACT (S1=10 LF, 86 SF, 0.002 AC) BUFFER IMPACT 81 ZONE 1 TOTAL = 4,493 SF ZONE 2 TOTAL = 2,497 SF —RETAINING WALL PERMANENT STREAM IMPACT [S2] \ (S2=67 LF, 544 SF, 0.012 AC) 30 LF 48" HDPE CULVERT TO BE REMOVED —RETAINING WALL \— PROPOSED 62 LF 84" CIRCULAR _ ORE SPIT CULVERTS BUFFER IMPACT 83 ZONE 2 TOTAL = 255 SF PROPOSED VELOCITY DISSIPATER POOL PERMANENT STREAM IMPACT (NO LOSS) / (S3=24 LF, 121 SF, 0.003 AC) �— TEMPORARY WETLAND IMPACTS (W2=1,406 SF, 0.032 AC) AND 4 PERMANENTSTREAM IMPROVEMENT BUFFER LF, 821 SF, 0.032 AC) BUFFER IMPACT B4 ZONE 1 TOTAL = 8,611 SF PROPOSED RIFFLE PROPOSED LOG SILL \ PROPOSED LIMITS OF GRADING EXISTING TOP OF BANK \ i /—_ GRAPHIC SCALE / o 20 ao so \ \ Iin h-40 ft. \� \ IMPACT AREA 1 SHEET 2 OF 3 PERMANENT WETLAND IMPACT TEMPORARY WETLAND IMPACT PERMANENT STREAM IMPROVEMENT [54] PERMANENT STREAM IMPACT —CULVERT [52] PERMANENT —NO PERMANENT LOSS STREAM IMPACT — RIPRAP [S3] CORBINTON EAST I M PACT AREA 1 718USHWY70E HILLSBOROUGH, NORTH CAROLINA PLAN INFORMATION PROJECT NO. EYC-20000 FILENAME EYC20000-IMI CHECKED BY TEP DRAWN BY TEP SCALE 1"=40' DATE 03,18.2021 � � I GFA£HIC SCALE 0 10 Z0� l inch =20f j 540 540 + STREAM IM PACT C, LET 'S, EA. 111R.11MEINT O ANISHEO CRPDE P IR B HEADWALL ENOWALL 530 530 MI00 (2) CULVERTS 84" DIA RCP PIPE PIPE INV BN BIT (BUR 84' CULVERT BURIED FOR PASSAGE DIA RCP (61 I FT. AQUATIC PIPE UE) TO TO ALLOW LIFE BE — — — — 520 IENPORARY DAM CHANNEL SHOWN) AND DIVERSION (NOT 520 COFFER EXISTING GRADE OU151DE PIPE INV ELEV. BN ELEV. 84' DIA CULVERTS 519.27 518.27 RCP \ \ 24 IN. TRICK RIP RAP D1591PAi0R PM TO BE OUTSIDE 84" DIA RCP PIPE CULVERTS NV ELEV. 520.. ENELEV. 5I7 _ _ — _ — — _ _ INSTALLED FLUSH PoTH E%ISTING GRADE — — — 515 MIDDLE 84" DIA RCP PIPE CULVERT NV ELEV. 519.58 BRA ELEV. 518.58 (BURIED I FT) 515 MIDDLE 8 CULVERT INV ELEV. BN ELE\ (BURIED 4+36.52 5+00 M: e,oe t, ErC Ey 20000\04-R,od tlo E bt=um attMa Eva0000 TM1e IOM1n R.MlAd--Nc C71 pang, Inc. 2905 Meridian Parkway Dl�ham, Nc zJJ23 ph— 919. 361-00 fax )19. 361. 2269 license number: C-0—, C-18J MCADAMS wwu,meadam=eeeom 5+98.24 SHEET 3 OF 3 (L 540 540 538 538 FINISHED GRADE 536 536 534 534 TSIDE 84" DIA RCP 'E CULVERTS ELEV. 519.27 A ELEV, 518.17 532 532 530 530 528 528 526 526 524 524 522 522 520 520 518 518 E 84" DIA RCP EXISTING GRADE CULVERT FE1519.58 516 516 -LEV. 518.58 =D 1 FT) 20 10 0 10 20 MIDDLE PIPE UPSTREAM SECTION 540 540 538 FINISHED 538 GRADE 536 536 534 534 OUTSIDE 64" DIA RCP PIPE CULVERTS INV ELEV. 519.27 532 532 BIN ELEV. 518.27 530 530 528 528 526 526 524 524 522 522 " DIA RCP PIPE 518.27 0 L 520 517,27 FT) 518 518 EXISTING 516 GRPQE 516 20 10 0 10 MIDDLE PIPE DOWNSTREAM SECTION CORBINTON EAST IMPACT AREA 1 CROSS SECTIONS 718USHWY70E HILLSBOROUGH, NORTH CAROLINA PLAN INFORMATION PROJECT NO. 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C*4 +/- 0110 LEGEND QPoject Area QPotential Non -Wetland WoUS - Streams _ Potential Wetland WoUS — 2-ft contours • Data Forms 0.021 ac 0 75 150 1011[� Feet FIGURE 4. PRELIMINARY JURISDICTIONAL DETERMINATION MAP 1 inch= 120 feet CORBINTON EAST VERSION: 1 HILLSBOROUGH, ORANGE COUNTY, NC DATE: 6/2/2021 McADAMs JOB NO: EYC-20000 DRAWN BY: burdette 0009-t0£ S6i6} 406t-BOL.�.Z d[`1 9U031 t0II '0 d •..•` ......."' �'�`��.•"^- �%�Y' 9t9tZ VNSROtItl� HYtION 'HJ38'tY21 a �j d ON H2SVd 3R9NYI2i,L kIJlIV3SEI8 - osoa a R't (IVOH S)lZJOd XIS T098 VDiy�'31'I. INN HflnOd��u Y111't N SN9A3AtI:l6{6HHNHVRd{62L38N1QN5 �Nz NVauoo i �'IZ `S,LN�IhZS�ANI �A� SI�Oy1IIu0D 111CtiL[1tI82�0o f SWV(IVOK "a NHOP a[H L 6NOI6IA&N d3Nn6 e 4 ± e r w Ow, SE -L a 7 as mgl6i 9Z n� o ~ 9 zo IS m e= < M j�( JL 000, H# s r_ ff b ! MAT EE S-T c-' xoaa-ioc te[s) 9064 POGG2 dtZ 900Y1 X H 0'd JN 'XxYd x�oNdou. AJxRa6ax •• ! .� ��� YYSW�g Eo'o Sti. t - 4i942 6't�tli0xV� }LLxON 'NOi3'IVx , UVOU sxaoa XIS I099 SS'3'M-NV2d °JAII4d22`J o H (� p vI1Y1O2lBJ uTxOIS'7FI/`J�R�O2IOVi1NHS 1'I1fII sxoxanxnslsxxNNvadlsxaxuiaNx �NL`�.i\I�dWO� •' E ----9 OZZ `SiNgNISHANI DAB /� tS"�NOWWOO lYlgaoo sWV(1V31 •H Nxor Mxs 9�6 xu ao N W W ffi 6w' z z W J S S z Z Z w Om 0 0 z =m� U Y ! G o �g d I T C- C \\ �\ BATCH LINE - 5EE� 6 United States Department of the FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: May 26, 2021 Self -Certification Letter Project Name Co rb i n to n Dear Applicant: East U.S. IN Interior s,�Mf 9 Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or ❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh(c,fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package 2 � 2 0 0 U � U) LU 2 � C) / 2 = � CD co LO k � 06 % 06 % 06 % 06 % 04 a— � M— � a— � � o CD CD CD C 2 CN 4 b 2 2 2 2 2 7 7 7 7LID 0 e o o c 0 cm E a E a E E = 7 = 0 0 0 0 0 0 0 0 @ ML 0 m= m= m= m= p = — = 0 2 0 2 0 2 0 2 o 7 _ % p % p % p % p 7 e © m q $-- G G G m / Cl e 04 e 04 CO 04 e 04 0 cn CD 04 CD R0 CD R0 CD R04 m / =7 0 i 04 q 0 2 0 z- 0 z L 0 z L zLo 2 2 0 7 < cr (D m w < 0 - e U)\ U < 2 0 0 0 0 o w o w 3 2 2 2 2 2 2 2 m m m m \ cn cn � = m cx - � � r- 0 0 ( a m e e e e 0 o 2 d d d d 2 $ E 2 2 2 2 Z 2 C) U) co 0 § ®cya 0 2 22 72 \ o. E / 2 3 $.\ \ o .$ 2 q o% 2 � % R % k k2 2 .? E 7c 0 E 3 2 2� o -jc �� e 2 m« C) =% 7 z 2 $ 2 E A LU% a �2 � c� <U- 0� 2ZE mz 0 E cu � _ E 2 $ 8 R § 2 2 0 _ £ ¥ k 2 cn D 6 2 � 'o CU k k E 0)@ C: E 0 / k k 2 2 cu . a) §cu �6 2 E E j k_ k E_ / cn 2 CU 7 \ 6-W= § 0 92 .§ / �) CY)f 7 2 o § < k k Cl � � Governor Roy Cooper June 11, 2021 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Secretary D. Reid Wilson Jennifer Burdette McAdams 2905 Meridian Parkway Durham, NC 27713 burdette e,mcadamsco.com Re: Construct Corbinton East residentail development, intersection of US-70 East & Market House Way, Hillsborough, Orange County, ER 21-1262 Dear Ms. Burdette: Thank you for your email of May 12, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. (1�0., Sincerely, uX, t Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Natural Resource Consultants Appendix A: Supporting Photographs Photo 1. View of newly formed stream channel substrate and vertical banks (5/26/2021) Photo 2. View of newly formed stream channel erosion (5/26/2021) PREVIOUSLY IMPACT PERMANENT NEUSE RIVER BUFFER IMPACT ZONE 1: 2,113 SF ZONE 2: 5,416 SF Ex 8 ,� �\ PREVIOUSLY PERMITTED/IMPACTED U PERMANENT STREAM IMPACT: �Tljj'f CULVERT EXTENSION — 86 LF OF %O PERENNIAL STREAM / 7is _ 3 5 F� ZONE 1. 30' INNER USE RIVER BASIN BUFFER ZONE 2: 20' OUTER —� NEUSE RIVER BASIN BUFFER \ \ o WET L ND to ' � II 5a� / i 10 A, �I AA �t Z a GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. 00 X: Pro' cts EYC EYC-14010 Storm Wetionds Im act Mo s Oislurbed Areas DWR Submittol.dw , 3 16 2015 9.56:59 AM, Yotes, Kevin PROJECT NO. EYC,•-14010 FILENAME:Om-WR SubWg C O R B I N TON COMMONS M M O N S' W" X t SCALE: 1.1 _ 50' IMPACT MAPS Dint mm.Pa Js DATE: HILLSBOROUGH, NORTH CAROLINA � •cm 03-02-15 INSET 1 MCADAMS Project Name: Corbinton East Project Manager: Brad Rhinehalt / Jennifer Burdette Property Owner Certification Information Parcel Information Street Address: 713 Market House Way, 715 US 70 E City, State: Hillsborough, NC County: Orange Parcel Index Number(s) (PIN): 9874386413, 9874490155 Property Owner Information Name: KEPSC Hillsborough LLC Title (if applicable): Edward Kalikow, Manager Mailing Address: 7001 Brush Hollow RD Westbury, NY 11590 Telephone Number: 516-876-4800 Electronic Mail Address: ed@kaled.com Property Access Certification By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigation, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the Undersigned, am either a duly authorized owner of record of the property identified herein or acting as the duly authorized agent of the owner of record of the property. Edward Kalikow Print Name Capacity: © Owner ❑ Authorized Agent Date Signature Project Number: EYC-20000 AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Developer FIELDS WITH * ARE REQUIRED Project Area PIN(s): 9874386413 & 9874490155 Name: KEPSC Hillsborough, LLC Address: 7001 Brushhollow Rd., Ste 200, Westbury, NY 11590 Phone: 516.876.4800 or EYC Companies as agent 843.588.5021 Email: ed@kaled.com Project Name: Corbinton East Project Number: 21031 Project Manager: Jennifer Burdette US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Field Office 401 & Buffer Permitting Branch 3331 Heritage Trade Drive, Suite 105 512 N. Salisbury Street Wake Forest, NC 27587 Raleigh, NC 27604 Re: Clean Water Act & Riparian Buffer Related Consulting and Permitting To Whom It May Concern: I hereby designate and authorize Natural Resource Consultants to act on my behalf as my agent in obtaining verification of wetland delineations and processing of permit applications for the project listed above. I, the undersigned, developer of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Natural Resource Consultants' staff. Edward Kallikow Print Developer Signatory Name Manager *Signature Title (if applicable) *Date S)I0;vzI 10212 Creedmoor Road, Raleigh, NC / 919. 422. 3605 Burdette, Jennifer From: Iaserfiche@ncdenr.gov Sent: Sunday, April 18, 2021 12:01 AM To: Burdette, Jennifer Cc: stephanie.goss@ncdenr.gov Subject: Pre -Filing Time Clock has been reached for Corbinton East - 20090735 Ver 3 Attachments: DWR Pre -Filing Meeting Request Form.pdf CAUTION: This email is NOT from McAdams. DO NOT click links or open attachments unless you verify the sender and content. The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Corbinton East that you submitted on 3/18/2021. The ID number for that project is 20090735, Version 3. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. Internal Use only: Non Transportation