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HomeMy WebLinkAbout20211291 Ver 1_401 Application_20210831c;-cc(41 ct-ta. DWR Pre -Filing Meeting Request Form Contact Name * Contact Email Address* Project Owner* Project Name * Project County* Owner Address:* Jennifer Robertson jrobertson@atlasenvi.com Cambridge -Caddy, LLC Caddy South Wake Street Address 831 E. Morehead Street, Suite 245 Address Line 2 atY Charlotte Fbstal / Zip Code 28202 Is this a transportation project? * r Yes t: No Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular ✓ Individual Permit ✓ Shoreline Stabilization ✓ 401 Water Quality Certification - Express ✓ Modification Does this project have an existing project ID#?* F Yes r No Please list all existing project ID's associated with this projects.* NBRRO#19-387 State / Bovine / legion North Carolina Country United States Do you know the name of the staff member you would like to request a meeting with? Stephanie Goss Please give a brief project description below and Include location Information.* Commercial development consisting of a self storage facility, a fast food restaurant, and two additional commercial lots. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 7/20/2021 Preliminary ORM Data Entry Fields for New Actions SAW — 201 - 202000135 Prepare file folder n Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Caddy South 2. Work Type: Private n Institutional n Government n Commercial n BEGIN DATE [Received Date]: 3. Project Description / Purpose [PCN Form B3d and B3e]: Commercial development. The purpose is to construct a self storage facility, gas station, and fast food restaurant near the intersection of Hwy 401 and Caddy Road. 4. Property Owner / Applicant [PCN Form A3 or A4]: Cambridge Properties, Inc. Mr. Barrett Blackburn 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: 2020-00135 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 7724 Caddy Rd, Raleigh, NC 27603 lat: 35.668091 long: -78.694669 8. Project Location -Tax Parcel ID [PCN Form B1a]: 069987253 9. Project Location — County [PCN Form A2b]: Wake 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Raleigh 11. Project Information — Nearest Waterbody [PCN Form B2a]: Swift Creek; WS-III, NSW 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Neuse: 03020201 Authorization: Section 10 ❑ Section 404 n Section 10 & 404 n Regulatory Action Type: _ Standard Permit ✓ Nationwide Permit # 18, 39, and isolated n Regional General Permit # Jurisdictional Determination Request Pre -Application Request Unauthorized Activity n Compliance No Permit Required Revised 20150602 U����'4411411VIRONMENTAL US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Mr. David Bailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 July 23, 2021 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Mr. Paul Wojoski 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Caddy Road South - +/- 9.5 acres 7724 Caddy Road, Raleigh, North Carolina 27603-5403 Nationwide Permit 18 and 39; Isolated Wetland Permit Application Corps Action ID: 2020-00135 / NBRRO# 19-387 David / Paul: The applicant, Mr. Barrett Blackburn with Cambridge Properties, is requesting approval of the enclosed Nationwide Permits 18 and 39 verification packages for unavoidable impacts to Waters of the United States. Also included are non -jurisdictional wetland impacts. The project involves a commercial development that includes a self -storage facility, a fast-food restaurant, a gas station, one additional out parcel, and one SCM. Proposed impacts include W1 (WL 1000) of 0.048 acre under NWP 18 for the SCM. This impact will not exceed 25 cubic yards of fill below the jurisdictional boundary. Impact W2 (WL 1000) of 0.042 acre will be required for construction of the gas station. Impact W3 (WL 1100) 0.011 acre which is a non -jurisdictional wetland will be required for construction of the fast-food restaurant. No impacts were required for development of the Caddy North project which includes an apartment complex. There is 0.044 acre of wetland and 224 linear feet of intermittent stream at the Caddy North project. Enclosed are the necessary permit application documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, Jennifer L Robertson, President JRobertson@atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: 10 Permit L Section 404 Permit ❑ Section 1 b. Specify Nationwide Permit (NWP) number: 18 and 39 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? /1 Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check — Regular — Express all that apply): General Permit �1 401 Water Quality Certification A Non-404 Jurisdictional ❑ 401 Water Quality Certification ❑ 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: For the record only for Corps ❑ Yes Permit: ❑ Yes /1 No ►1 No 1f. Is payment into a mitigation bank or in -lieu fee mitigation of impacts? If so, attach the acceptance or in -lieu fee program. program proposed for letter from mitigation bank ❑ Yes ►1 No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ►1 No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ►1 No 2. Project Information 2a. Name of project: Caddy Road South 2b. County: Wake 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: not a subdivision 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Cambridge Properties, Inc 3b. Deed Book and Page No. 19E / 467 3c. Responsible Party (for LLC if applicable): Mr. Barrett Blackburn 3d. Street address: 831 E. Morehead Street, Suite 245 3e. City, state, zip: Charlotte, NC 28202 3f. Telephone no.: 980-260-2775 3g. Fax no.: 704-333-2394 3h. Email address: bbb@cambridgeprop.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: jrobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 0699183059 1 b. Site coordinates (in decimal degrees): Latitude: 35.66791 Longitude: --78.69239 lc. Property size: 9.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Swift Creek 2b. Water Quality Classification of nearest receiving water: WS-III, NSW 2c. River basin: Upper Neuse, 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Forested 3b. List the total estimated acreage of all existing wetlands on the property: 0.090 Corps and 0.011 DWR 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Commercial development including buildings, parking, and SCM. 3e. Describe the overall project in detail, including the type of equipment to be used: Heavy equipment will be used for land clearing and for preparation of buildings pads. 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? 0 Yes ❑ No ❑ Unknown Comments: submitted with permit application 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑Preliminary ►ZI Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): A Baggarley, J Robertson, J Sinclair Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 07/23/2021 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes /1 No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ►ZI No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which ►1 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. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Seep Yes Corps 0.048 W2 P Fill Seep Yes Corps 0.042 W3 P Fill Seep Yes DWQ 0.011 W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: 0.090 and 0.011 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 3i. Comments: . Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: 4g. Comments: 5. Pond If pond or or Lake Construction lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a.Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer impact number - Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 6i. Comments: Page 5 of 10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. both wetlands (one Corps and one DWR) on Caddy South will be impacted, no impacts occurred for Caddy North 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. both wetlands at Caddy South will be impacted, impacts are minimal (less than 0.10 acre to jurisdictional wetlands) 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ►1 No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity none Quantity none Quantity none 3c. Comments: none 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: no 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. not applicable Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes 11 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 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f. Total buffer mitigation required: none 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). not applicable 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? •Yes // No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% % 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: The project engineer is coordinating all of the stormwater requirements. 2e. Who will be responsible for the review of the Stormwater Management Plan? Wake county 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Wake county 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): 11 Phase II ❑NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ►/ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW • Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ►/ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ►/ Yes • No 5b. Have all of the 401 Unit submittal requirements been met? /1 Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the• use of public (federal/state) land? Yes 0 No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑ Yes ❑ No 1 c. 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.) Comments: n/a ❑ Yes ❑ No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes ►1 No 2b. Is this an after -the -fact permit application? ❑ Yes ►5 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ❑ Yes No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. existing sanitary sewer Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or• habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes /1 No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ' No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPO Buffer Map 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes /1 No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson Applicant/Agent's Printed Name J +�p1 of Ic Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 07/27/2021 DateApplicant/Agent's Page 10 of 10 PCN Form — Version 1.4 January 2009 EXISTING LEFT -OVER TURN LANE CADDY ROAD SOUTH LPROPERTIES 3 CAMBRIDGE ----------------- --- 5/10/2021 PROPOSED FULL ACCESS PARCEL4 ±2.4 Acres SELF STORAGE FACILITY TOTAL: 100.000 SF 50K/FLOOR (2 FLOORS) 25 PARKS Impact W3: Isolated WL 1100: - 0.011 Ac 1xro wj DEM 90114619..)01W Impact W1: NWP 18 WL 1000: - 0.048 Ac Notes: Impact W1: NWP 18 - WL 1000, - 0.048 Ac Impact W2: NWP 39 - WL 1000, - 0.042 Ac Impact W3: NWP 39 - WL 1100, - 0.011 Ac (B1: WETNONADJ - Isolated Wetland) 30330 CADDY ROAD SOUTH E ) CAMBRIDGE PROPERTIES etre/2024__._ ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Marion Rand Hunt and Tara Beth Rowland 1916 Carrington Drive Raleigh, NC 27615 NORTH CAROLINA Environmental Quality November 13, 2019 Subject: Buffer Determination Letter NBRRO #19-387 Wake County Determination Type: Buffer Intermittent/Perennial 'Meuse (15A NCAC 2B .0233) ❑ ar-Pamlico (15A NCAC 2B .0259) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) Project Name: Caddy Road Address.Location: 7724 Caddy Road, Raleigh. NC Stream(s): UT to Swift Creek Determination Date: November 12, 2019 Staff: Stephanie Goss Feature ^ E/I/P""t Not Subject(2) Subject Start (a' Stop Soil Survey USGS Topo A X Off Property Off Property X (1) E = Ephemeral, 1 = intermittent. P = Perennial, NP = Not Present, N/A=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/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 to not be an intermittent stream, perennial stream. a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer rules. There may be other streams located on the property that are not depicted on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B, and may be considered jurisdictional according to the US Army Corps of Engineers. North Carolina Department of Environmental Quality "s Division of Water Resources ; Raleigh Regional Office 3800 Barrett Drive 1 1628 Mail Service Center 1 Raleigh. North Carolina 27699-1628 919.791.4200 Caddy Road Wake County November 13, 2019 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 DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center: Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEr, etc.): Karen Higgins: DWR — 401 & Buffer Permitting Unit: 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless. as detailed aho‘e, an appeal is requested sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Stephanie Goss at (919) 791-4256. Sincerely, S. Ja erman, P.O., Chief Water ity Regional Operations Section cc: RRO DWR File Copy Cambridge Properties -Barrett Blackburn via e-mail at bbbl<r cambridgeprop.com Jennifer Robertson via e-mail at irobertsoni atlasenvi.com GQE Q` North Carolina Department of Environmental Quality Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 1628 Mail Service Center j Raleigh. North Carolina 27699-1628 919.791.4200 i 19-387: Caddy Road, Wake Co. Wake County Soil Survey: 1970 Portion of Sheet 85 AIIIIIIIIII4 IRONME NTAL. Pro)ect Name: Caddy Road Location: Caddy Road. Raleigh, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Coordinates: 35.66791, -78.69239 Date: July 11, 2019 Page 170117 19-387: Caddy Road or e ..0- USGS Topo - �� • r �"� .. ° '" • � .. J• Feature A not depicted on map ,� ,/� • I ♦ e, L.m' J t rr l ' I� • • ir veyr i • ill e a A . Legend , \ \'•r l ' �- —vim �- r.17..'*614 . _ # . ; �!ti A ` CD Caddy Road Review Area USGS Topode � � *. tiliPW:111141., 0 p"—� 0 200 400 600 800 Il I lii VIRONMENTAL Project Name: Caddy Road Location: Caddy Road. Raleigh, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhier Coordinates: 35.66791, -78.69239 Date: July 11, 2019 Page 13 of 17 Requestor: Address: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00135 County: Wake U.S.G.S. Quad: NC- Lake Wheeler NOTIFICATION OF JURISDICTIONAL DETERMINATION Cambridge Properties Barrett Blackburn 831 E. Morehead Street, Suite 245 Charlotte, NC 28202 Size (acres) -28 acres Nearest Town Raleigh, Nearest Waterway UT Swift Creek River Basin Neuse USGS HUC 03020201 Coordinates 35.66791; -78.69239 Location description: The site is on the north and south sides of Caddy Road, west of its intersection with Fayetteville Road, located at 7801 Caddy Road in Raleigh, Wake County, North Carolina. The Preliminary Jurisdictional Determination area is shown as the red outlined "Review Area" on the attached "Aquatic Resource Sketch Map." Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/19/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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, including wetlands on the above described project area/property 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. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2020-00135 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. 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 no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. E The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David E. Bailey at (919) 554-4884 X30 or David.E.Bailev2Ausace.army.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 05/12/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Date: 2020.05.12 Corps Regulatory Official: 11:02:50-04'00' David E. Bailey Date of JD: 05/12/2020 Expiration Date of JD: Not applicable 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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Cambridee Properties, Attn: Barrett Blackburn File Number: SAW'-2020-00135 Date: 05/12/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional or the I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatorvProgramandPermits.aspx of the above decision. Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15 day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 05/12/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Cambridge Properties, Barrett Blackburn, 831 E. Morehead Street, Suite 245, Charlotte, NC 28202 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 7801 Caddy Road, SAW-2020- 00135 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is on the north and south sides of Caddy Road, west of its intersection with Fayetteville Road, located at 7801 Caddy Road in Raleigh, Wake County, North Carolina. The Preliminary Jurisdictional Determination area is shown as the red outlined "Review Area" on the attached "Aquatic Resource Sketch Map." (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Raleigh Center coordinates of site (lat/long in degree decimal format): Latitude: 35.66791 Longitude: -78.69239 Universal Transverse Mercator: NAD83 Name of nearest waterbody: UT Swift Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 02/18/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) CH 100 35.66853 -78.69134 224 linear feet Non -wetland Section 404 WL 1000 35.66861 -78.69296 0.044 acres Wetland Section 404 WL 1100 35.66745 -78.69473 0.101 acres Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: resource maps ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. 0 Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: 0 Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: USGS NHD data. ® USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ® Natural Resources Conservation Service Soil Survey. Citation: GIS Dataset ® National wetlands inventory map(s). Cite name: GIS Dataset_ ❑ State/local wetland inventory map(s): FEMA/FIRM maps: Google Maps KML layer ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): google aerial or ®Other (Name & Date):site photos July 23, 2019 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Date: t okV 2020.05.12 11:01:40-04'00' itz444,. January 17, 2020 Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD 5/12/2020 (REQUIRED, unless obtaining the signature is impracticable) 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 16 of 59 Legend I=1 Review Area Streets Wake Co. Parcels Contours, 2 Ft Delineation Intermittent Wetland Aquatic Resource Sketch Map s\ sll\\\\\\A \‘\,\‘‘•,\,N`'N'' Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the _ Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. I , FIdDff 0 100 200 300 400 Ft '4TLkS 11111RONMENTAL Project Name: Caddy Road Location: Caddy Road. Raleigh, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Page 1 of 4 Coordinates: 35.66791, -78.69239 Date: July 22, 2019 Updated: February 19, 2020 Aquatic Resource Sketch Map Legend O Review Area Streets Wake Co. Parcels Delineation Intermittent Wetland Detail 1 Pg. 3 0 100 200 300 400 Ft IRONMENTAL Project Name: Caddy Road Location: Caddy Road. Raleigh, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Page 2 of 4 Coordinates: 35.66791, -78.69239 Date: July 22, 2019 Updated: February 19, 2020 Potential Wetland WL 1000, — 0.044 Ac Legend O Review Area Streets Wake Co. Parcels Contours, 2 Ft Delineation Intermittent Wetland Aquatic Resource Sketch Map Potential Non Wetland I CH 100, — 224 LF IRONMENTAL Project Name: Caddy Road Location: Caddy Road. Raleigh, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Page 3 of 4 Coordinates: 35.66791, -78.69239 Date: July 22, 2019 Updated: February 19, 2020 Legend O Review Area Streets I I Wake Co. Parcels Contours, 2 Ft Delineation Intermittent Wetland Aquatic Resource Sketch Map Potential Wetland WL 1100, — 0.101 Ac 50 100 150 200 Ft Project Name: Caddy Road Location: Caddy Road. Raleigh, NC 27603 For: Cambridge Properties Attn: Mr. Nate Buhler Page 4 of 4 Coordinates: 35.66791, -78.69239 Date: July 22, 2019 Updated: February 19, 2020