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HomeMy WebLinkAbout20131226 Ver 1_401 Application_20131113Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC-27615 • Phone: (919) 846 -5900 sandec.com To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 From: Deborah E. Shirley Soil & Environmental Consultants, PA Re: The Woods at Fairbanks Morrisville /Cary, Wake County, NC November 25, 2013 S &EC Project # 11886.P 1 NC DWR, 401 & Buffer Permitting Unit Attn: Karen Higgins Archdale Building - 9a' Floor 512 North Salisbury Raleigh, NC 27604 a All `�_R W �. W@0„ ndc � r �► tar �8nct r' On behalf of the applicant, Blonnie Herndon, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Resources (DWR) that the activities proposed below may proceed under Nationwide Permit 29 and General Water Quality Certification 3890. Also please note that a portion of the project is located within the Town of Morrisville that have been delegated the Neuse River Riparian Buffer Protection Rules. Therefore a No Practical Alternatives review by the DWR is not needed for the Road Crossing. Please contact me at (919) 846 -5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name The Woods at Fairbanks Project Type Residential Development Owner / Applicant Blonnie Herndon County Wake Nearest Town Morrisville/Cary Waterbody Name UT to Crabtree Creek Basin Neuse Index Number 27-33-(1) Class C, NSW IMPACT SUMMARY Stream Impact (acres): 0.035 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.035 Total Stream Impact (linear feet): 149 Attachments: Pre - construction Notification (PCN) Application Form SHWT Determination Agent Authorization Form Stormwater Calculations (DWR only) NRCS Soil Survey Map & USGS Topographic Map $240 DWR Application Fee DWQ Buffer Determination letters (NBRRO 12 -183) data CD (DWR only) Jurisdictional Determination (AID# SAW- 2013 - 00034) Existing Conditions & Grading and Drainage Plan (24x36 -DWR; 11x17 - USACE) Impact Exhibits Road Plan & Profile; Sewer Plan & Profile (24x36 -DWR; 11x17 - USACE) Enlarged BMP Plan- sheets C3.2 (DWR only) O�ot W A T�cgOG o c Office Use Only Corps action ID no DWQ project no Form Version 13 Dec 10 2008 Page 1 of 13 PCN Form — Version 1 3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information 1. Processing la Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit lb Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number N/A 1 c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No Id Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No If Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ® No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ® No 1 h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of project The Woods at Fairbanks 2b County Wake 2c Nearest municipality / town Cary/Momsvdle 2d Subdivision name The Woods at Fairbanks 2e NCDOT only, T I P or state project no N/A 3 Owner Information 3a Name(s) on Recorded Deed Blonnie Herndon 3b Deed Book and Page No D B 697 Pg 0 -E 3c Responsible Party (for LLC if applicable) c% Dane Sambnck with Sambnck Commercial Realty 3d Street address 4944 Windy Hill Drive 3e City, state, zip Raleigh, NC 27609 3f Telephone no 919- 602 -0678 3g Fax no N/A 3h Email address N/A Page 1 of 13 PCN Form — Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other, specify Owner - please send correspondence to both owner and agent 4b Name Gray Methven 4c Business name (if applicable) Standard Pacific Homes 4d Street address 1600 Perimeter Park Drive, Ste 125 4e City, state, zip Morrisville, NC 27560 4f Telephone no 919- 465 -5900 4g Fax no N/A 4h Email address N/A 5 Agent/Consultant Information (if applicable) 5a Name Deborah Edwards Shirley 5b Business name (if applicable) Soil & Environmental Consultants, PA 5c Street address 8412 Falls of Neuse Road, Suite 104 5d City, state, zip Raleigh, NC 27615 5e Telephone no 919 - 846 -5900 5f Fax no 919 - 846 -9467 5g Email address DShirley @SandEC com Page 2 of 13 B Project Information and Prior Project History 1 Property Identification 1 a Property identification no (tax PIN or parcel ID) Parcel ID 0754 -89 -1204 1 b Site coordinates (in decimal degrees) Latitude 35 8089 Longitude -78 8053 (DD DDDDDD) ( -DD DDDDDD) 1 c Property size ± 19 acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to UT to Crabtree Creek 27- 33 -(1) proposed project 2b Water Quality Classification of nearest receiving water C, NSW 2c River basin Neuse, Hydrologic Unit Code 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 The existing conditions on site are wooded with a residential structure The general land use in the vicinity of the project is commercial and residential development 3b List the total estimated acreage of all existing wetlands on the property No jurisdictional wetlands were identified on property 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Approximately 1, 063 linear feet 3d Explain the purpose of the proposed project The purpose of the proposed project is to provide access to the eastern side of the property and provide utilities 3e Describe the overall project in detail, including the type of equipment to be used The overall project consists of constructing a road to access the eastern side of the property and to connect a sanitary sewer line to an existing easement, east of the property Development on the property includes roads, utilities, residential lots and a stormwater BMP Equipment such as bull dozers, bucket loaders, excavators and other typical equipment used for land disturbance and construction will be utilized for this project 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ® Final Comments AID# SAW -2013 -00034 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Soil & Environmental Name (if known) Steven Ball Consultants, PA Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Property was delineated in 2012 by Steven Ball of S &EC USA CE site visit verifying jurisdictional areas conducted on October 4, 2012 with David Shaeffer (AID# SAW -2013- 00034) A NCDWQ Surface Water determination was conducted on August 15, 2012 with Martin Richmond (NBRRO #12 -183) 5. Project History 5a Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions N/A Page 3 of 13 PCN Form — Version 1 3 December 10, 2008 Version B Project Information and Prior Project History 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain N/A Page 4 of 13 C. Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact number — Type of jurisdiction Permanent (P) or Type of Type of wetland Forested (Corps - 404, 10 Area of impact Temporary T impact if known DWQ — non -404, other acres W1 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W2 ❑ P FIT ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps E] No ❑DWQ 2g. Total wetland impacts 0 2h Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact number - Type of Stream name Perennial Type of jurisdiction Average Impact Permanent (P) or impact (PER) or (Corps - 404, 10 stream length Temporary (T) intermittent DWQ — non -404, width (linear (INT)? other) (feet) feet) S1 ( #1) ❑ P ® T Excavation- Sanitary UT to Crabtree ® PER ® Corps 8 10 Sewer Creek ❑ INT ❑ DWQ Fill- Culvert & S2 ( #2) ® P ❑ T Dissipater for UT to Crabtree ❑ PER ® Corps 10 139 Road Creek ® INT ❑ DWQ Crossing S3 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 149 31 Comments Page 5 of 13 PCN Form — Version 1 3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individ ally list all open water im acts below 4a 4b 4c 4d 4e Open water impact Name of waterbody number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 0. Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, then com lete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flood Filled Excavated Flooded Filled Excavated Flooded ed P1 P2 5f. Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction Page 6 of 13 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a ® Neuse F1 Tar-Pamlico El Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? B1 ( #1) ® P ❑ T Sanitary Sewer UT to Crabtree Creek ® Yes 1,159 561 B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No B4 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 1,159 561 61 Comments Please note road crossing is located within Town of Morrisville ETJ The Town will complete the No Practical Alternatives review for the road crossing Page 7 of 13 D. Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project S &EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that the project engineer could design a site plan that would minimize impacts to the maximum extent practicable The proposed project includes two Impact areas The proposed Impact Area #1 Includes 10 linear feet of temporary stream Impacts to a perennial stream and associated buffers The construction corridor was minimized from 20 linear feet to 10 linear feet when crossing the stream and is perpendicular to the stream This sanitary sewer is necessary to connect to an existing manhole and sanitary sewer easement There was potentially a different connection to the south off Fairbanks Drive however the existing homeowners' building setbacks are 7 5, which totals 15' between the two residential structures, both houses were built on their setback Ines A min 20' Town of Cary easement is required for the sewer outfall, therefore there is no way to access that sewer easement The proposed Impact Area #2 Includes 139 linear feet of permanent stream impacts to an intermittent stream and associated riparian buffers This road crossing is necessary to access the western portion of the property The proposed crossing has been designed to cross the stream at a perpendicular angle, headwalls have also been utilized to minimize the total Impacts to the stream and riparian buffer Please note that Impact Area # 1 is within the Town of Cary ETJ and Impact Area #2 is within the Town of Morrisville ETJ The Town of Morrisville will be completing the No Practical Alternatives review for the buffer impacts associated with the road crossing Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 39 With respect to residential development conditions (NWP 29- Regional Conditions section 4 0) the applicant does not anticipate any Impacts to streams or wetlands associated with stormwater facilities, there are no impacts associated with single - family recreation facilities, there are no permanent wetland or stream fills proposed within the floodway/floodplain and the stream classification for this project is C, NSW (► a not Outstanding Resource Waters, High Quality Waters, Coastal Wetlands or wetland adjacent to these waters) 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Per the project engineer Provide 2 5 1 side slopes and retaining walls on the road embankments for Fairbanks Drive to minimize Impact to channel and buffer Recess the 48" culvert to 8" below existing channel bottom elevation at both inverts to promote conveyance of small aquatic life The sewer crossing is as shallow as possible to minimize impacts to the stream bed and buffer Most of the proposed on -site impervious is treated through a 90% TSS reduction wet ond, which also detains stormwater and reduces nutrients 2 Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State ❑ Yes ® No The proposed impacts to streams are below 150 linear feet As such, the applicant is not proposing 2a Does the project require Compensatory Mitigation for compensatory mitigation in the form of a mitigation payment but by minimizing impacts If however, after impacts to Waters of the U S or Waters of the State? review of this application the USACE/NCDWQ determines compensatory mitigation is required in the form of a payment, the applicant will utilize a private mitigation bank or the Ecosystem Enhancement Program (NCEEP) 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes, which mitigation option will be used for this El Payment to in-lieu fee program project? ❑ Permittee Responsible Mitigation Page 8 of 13 PCN Form — Version 1 3 December 10, 2008 Version 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 0 Stream mitigation requested 0 linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) 0 square feet 4e Riparian wetland mitigation requested 0 acres 4f Non - riparian wetland mitigation requested 0 acres 4g Coastal (tidal) wetland mitigation requested 0 acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 9 of 13 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why Comments The Stormwater Management Plan device is designed to meet the ❑ Yes ® No Town of Momswlle and the DWQ's requirements will provide the necessary nutrient removal The Approved SMP will be submitted to the DWQ once received 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 36% 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 A proposed wet detention basin or wetpond shall be used to both detain and design storms and treat 90% TSS The Town of Mornsvlle only requires 85% TSS removal, however a vegetated filter strip is required for an 85% TSS wetpond design per the DWR Stormwater BMP Manual ® Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Town of Morrisville ® Phase II 3b Which of the following locally - implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties ❑ HOW 4a Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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? ❑ Yes ❑ No Page 10 of 13 PCN Form — Version 1 3 December 10, 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter) Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑ Yes ® No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description We have reviewed the `Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 21 The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations The Woods at Fairbanks project will be a small residential development Additionally, the project is located within the Town of Mornsville and Town of Cary's jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters 1) the Phase ll NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post - construction stormwater management requirements, and 2) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow" requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved We anticipate that the DWQ will advise us If any additional information is needed 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility This property will be connected to the Town of Cary's Municipal Sanitary Sewer The Town will ensure that capacity of their treatment facility will not be exceeded Page 11 of 13 PCN Form — Version 1 3 December 10, 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC- Natural Heritage Programs Data Search was used to search for elemental occurrences of federally protected species listed within the Cary Topographic Quadrangle map It was determined based on the search that there are four elemental occurrences that are listed within the Cary Quad map One of the four is listed as Federally Endangered or Threatened See table below { F Common Topo Map state - cede al i Scientific Name z Protection i Protection Habitat Comments t Name Status - r5. Status a Status ' most Atlantic drainages, in lower Piedmont and Fusconaia mason Atlantic Pigtoe Historical E FSC upper Coastal Plain, also in Black River in lower Coastal Plain Hahaeetus mature forests near large bodies of water (for leucocephalus Bald Eagle Current T BGPA nesting), lakes and sounds [nesting sites, regular non - breeding sites] Peucaea aestivates Bachman's Historical SC FSC open longleaf pine forests, old fields [breeding Sparrow season only] Rhus michauxn Michaux's Historical E E sandhdls, sandy forests, woodland, woodland Sumac edges References North Carohna Natural Heritage Program Online Database Search (November 21, 20131 DENR, Office of Conservation, Planning, and Community Affairs, Raleigh, NC 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Habitat Conservation /Habitat Protection National Marine Fish Service, Essential Fish Habitat Mapper website was referenced No Essential Fish Habitat was identified near the project 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed One structure was observed during the wetland evaluation, Wake County (MAPS indicates year built 1961 Page 12 of 13 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ❑ Yes ® No 8b If yes, explain how project meets FEMA requirements N/A 8c What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program & project engineer ams November Deborah E Shirley 25 2013 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter fro the applicant is provided ) Page 13 of 13 AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner Name: Blonnie Herndon Address: c/o Dane Sambrick, 4944 Windy Hill Dr, Raleigh, NC 278609. Phone: _(919) 602 -0678_ Project Name /Description _Wilson Road Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attu: .�eWW1E_s Field Office: 2c E r�o Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current Property owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. The asp' day of November, 2013. 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 S &EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. _ Blonnie Herndon IBLONN r e F b-Vd4b W Print Property Owner's Name cc* Ms Karen Bggm cc: Mr. Steven Ball NCDENR - DWQ WeSCAPe Soil & Environmental Consultarns, PA Archdale Building 512 N Salisbury Street, 9w Moor Raleigh, NC 27604 O NO c Lwi ti� MAP IN a P, A jjt It I A. NA OR I I i i 77 g Pp WAIF �aAIL fi1-4pi� � �Nt�� ion SSG r OF WSA 4 lip )'Plo I ®ry ::: pp, 111 6" 1 0; ti MomkL 4 ,\ X4 1 W ., ire ;\ �•l \� — A all Iisli W. I IN-It � 14 d '� � fit, � 1•+ � I' AJA i Teri OEM Alk w : �' � ♦ '�' iIt i J •~ `_ •S- 1. WIN /`b /",� •. `. IA 1 1. �� ��..� • 'o r PIA y lI r AS oil Wo fly 4w fir/ a� �� lip- low CPR AvulIN +,�. �� /�� ■•�� SAIN 41 0 all N am mom P. A LWIMA _ F-A WDEM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, PE Dee Freeman Governor Director Secretary October 3, 2012 `Steven Ball Soil & Environmental Consultants PA 11010 Raven Ridge Rd Raleigh, NC 27614 Subject: Surface Water Determination Letter NBRRO# 12 -183 Wake County The Raleigh Regional Office of the NC Division of Water Quality /Surface Water Protection Section conducted a site visit at the subject property and is providing the below - listed determination pursuant to your request for a formal surface water determination BASIN ® Neuse (15A NCAC 2B 0233) ❑ Tar - Pamlico (15A NCAC 2B 0259) ❑ Ephemeral /Intermittent/Perennial Determination ❑ Isolated Wetland Determination Project Name. Location/Directions. Subject Stream Wilson Rd Tract Cary Subject property is two undeveloped tracts located off Wilson Rd m Cary UT to Crabtree Creek Date of Determination: August 15, 2012 Feature EAUP* Not Subject Subject Start@ Stop@ Stream Form Pts. Soil Survey USGS To o A I X Flag SO X B X X *FIYP = EphemeraUlntermittent/Perennial Explanation The feature(s) hsted above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 124,000 scale Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream There may be other streams located on your property that do not show up on the maps referenced above but still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quahty This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the spa North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Internet www ncvraterqualfty org 1628 Mail Service Center Raleigh, NC 27699 -1628 An Equal Opporhmlly /Affirrnattve Action Employer— 50% Recycled/10% Post CoraurrOr Paper Phone (919) 791 -4200 Customer Service FAX (919) 571 -4718 1- 877 - 623 -6748 Wilson Rd Tract Cary Wake County October 3, 2012 Page 2 of 2 Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands /401 Unit, 1650 Mail Service Center, Raleigh NC 27699 -1650. If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A petition is considered fled when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5.00 pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be fazed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-807 -6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919 )-544 -4884. RespectfWly, Martin Ric and Environm tal Specialist cc Wetlands/ Stormwater Branch, 1650 Mail Service Center, Raleigh NC 27699 -1650 RRO /SWP File Copy EET NUMBER 46 ' y - .} t(t _' s lye.,•'• --'� Un c < 'r -. r • r xt st i �t n. r C iY� t1 ="� PkF f`n i P� �/ PkF f A_ i�r�'° , .r�t x� -.,c'' '° .r' >. r PC '` t�4,�: -ter; .F• r ta: crh r A V +x -:` �. k� S �• �' � Y,�o-'r� ;PkF - pia CtC ,� �''• r S „ .r .Lr "'~' f � trd'. •t .,,y * ,R - .t rj i ,ay P Grp y i i .a i ay+ -0 Prf y F "• o L .: - ;?4Y,i 'dx � .�y 1 �t�•1,�` �, '�L'•� y,F;, � i j La 4Z3 ^ / k� Ne' �< ��S 4+ P^i!,y r•' 4•MfQ2, mod. Aft a. r- .,7 'N } �• 4�� ^•L yl �i ply � r r 1 r F ty,.'.�`, 1. a •. _ }" `I\ ,�' i 'a+' a'"fi - " a •f!L �' +✓ Y - �1 b W t "�J fD p�t aL x c �^F.b V .a .v ' k'j • "._ r% !i?A bps; C'• -�'�' '8 Y'. 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Quad: NC -CARP NOTIFICATION OF JURISDICTIONAL, DETFICYG NATION Property Owner: Standard Pacliic Homes c/o Gray Methven Address: 1600 Perimeter Park Drive. Suite 125 Morrisville, NC. 27560 Property description- Agent: Soil and Environmental Consultants. PA c% Steven Ball Address: 11010 Raven Ridge Road Raleigh, NC, 27614 Size (acres) 3M Nearest Town Cary Nearest Waterway Crabtree Creek River Basin Neuse USGS HUC 3020201 Coordinates Latitude: 35.8081 Longitude: - 78.8049 Location description. The subiect property Is located at 1600 Wilson Road. 1.73 miles northwest of Cary. Wake County, North Carolina. Wake County Parcel Identification Numbers 0754891204 and 0754787885. Indicate Which of the Following Auply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331) 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. B. Approved Determination There are Navigable Waters of the United States within the above described property 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. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWAx33 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps. Once 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. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 1/7/2013. 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 subject property contains 1,000 linear feet of stream. There are no waters of the U.S., to include wetlands, present on the above described project area 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. Page 1 of 2 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 and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer by telephone at 919- 554 -4884 ext. 31 or by e-mail at davld.l.shaeffer un. usace.army.mil. C. Basis For Determination The site exhibits stream criteria as defined in 33 CFR 328.3. the Raaanos- Carabell Guidance. and Regulatory Guidance Letter 05-05 and flows to a Traditional Navigable Water. D. 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 delmeation/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. E. 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: Jason Steele, 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 3315, 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 3/7/2013. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Date. 1/7/2013 Expiation Date- 1/712018 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 a customer Satisfaction Survey by visiting htty- / /pei2 nwp usace army mil/survey html. Copy furnished Linda A Wilson, 2608 Adcox Place, Raleigh, North Carolina 27610 Annie A. Wilson, 4701 Sandy Bay Circle, Raleigh, North Carolina 27603 w On -40- ..� i 1TPfwi PO IMdD NM IA i a .o >o1lo w �'vi 946. °1°S8}T 7G59VA �� ° � ° - � •r• �- ,a.CL WLMV W RaMm — a0 rr i� -,Taw a '1198 C8rnFIE9TNATTN® COPY OP TM PLATACCURATELY 09POM THE 80UDARYOF THE "4801 nON OF WCnON �(K 401 OPTTE CLEAN WATMACTAS DETERUP 0BY THE U0ER847® ON TM DATE UNLEBSTNEFM 18A*WM N nM L8WOR OlBt PU9LM ED FWG11AAT90W T198OET9MMMN OP gm== 404 AJMW1CTION MAY BE Rti m LPON FORA POBODNOTT0MUD FNE YEAnB FROM THIS DAYE TNt9 DE'IEIOIO TION WAS MADE UTLUM TFEAPPROPRATE REOIOMAL4IIPPL91UWTOUM 1987 COWS OF' EN YIFT 07391 TION MANUAL' REDUAT0RY'0FFMK tAM TIRE DATE a USM E ACM D SA-J- 0013-ArU5-1" r1/zR/ri L, NIXON do KENNEDY ,INC. - JO- STREAM DELINEATION MAP LTING ENGINEERS C 011D ��" FOR CHAPEL HILL ROAD ^� STANDARD PACIFIC OF THE 250 CAROLINAS H, NORTH CAROLINA 27607 7 SW -4422 FAX 919 - 851 -8968 11 -27 -12 ommRFaw mwNaw WAKEommy WRmcARa1NA R.12012-03)oba11219400R- Wilson RoaAN2191LDOWwg112191 BUFFER DELINEATION PLAT.A". 11!29@01210'.24 00 AM, Ashley Parker I• c�E;tF�rac�r��rr� .aru um RECEIVEC Nov 3 0 202 ' ] On -40- ..� i 1TPfwi PO IMdD NM IA i a .o >o1lo w �'vi 946. °1°S8}T 7G59VA �� ° � ° - � •r• �- ,a.CL WLMV W RaMm — a0 rr i� -,Taw a '1198 C8rnFIE9TNATTN® COPY OP TM PLATACCURATELY 09POM THE 80UDARYOF THE "4801 nON OF WCnON �(K 401 OPTTE CLEAN WATMACTAS DETERUP 0BY THE U0ER847® ON TM DATE UNLEBSTNEFM 18A*WM N nM L8WOR OlBt PU9LM ED FWG11AAT90W T198OET9MMMN OP gm== 404 AJMW1CTION MAY BE Rti m LPON FORA POBODNOTT0MUD FNE YEAnB FROM THIS DAYE TNt9 DE'IEIOIO TION WAS MADE UTLUM TFEAPPROPRATE REOIOMAL4IIPPL91UWTOUM 1987 COWS OF' EN YIFT 07391 TION MANUAL' REDUAT0RY'0FFMK tAM TIRE DATE a USM E ACM D SA-J- 0013-ArU5-1" r1/zR/ri L, NIXON do KENNEDY ,INC. - JO- STREAM DELINEATION MAP LTING ENGINEERS C 011D ��" FOR CHAPEL HILL ROAD ^� STANDARD PACIFIC OF THE 250 CAROLINAS H, NORTH CAROLINA 27607 7 SW -4422 FAX 919 - 851 -8968 11 -27 -12 ommRFaw mwNaw WAKEommy WRmcARa1NA R.12012-03)oba11219400R- Wilson RoaAN2191LDOWwg112191 BUFFER DELINEATION PLAT.A". 11!29@01210'.24 00 AM, Ashley Parker rn I m m m m°z m � W J N. z� 0 Z m N 0 Z m i i i cn i Z i co ................ ;u m z � T a m m v SS ss All / / / y / / l THE WOODS JOB NO DATE DRAWNBY BASS, NIXON & KENNEDY, INC. m AT FAIRBANKS CONSULTING ENGINEERS ©© 19 X IMPACT AREA #1 8310 CHAPEL HILL ROAD, SUITE 250, RALEIGH, NC 27607 j 1540/1600 WILSON ROAD TEL (919)951-4422 OR(800)354 -1879 FAX (919)851.8968 M" W CMY /MWRIWh w� NoRTN cnROUN� CERT NUMBERS NCBELS (C-0110), NCBOLA (C-0267) SCALE V = 40 CHK BY OLH Z i p m ................ ;u m z 0 O J / ?s SS ss All / / / y / / l THE WOODS JOB NO DATE DRAWNBY BASS, NIXON & KENNEDY, INC. m AT FAIRBANKS CONSULTING ENGINEERS ©© 19 X IMPACT AREA #1 8310 CHAPEL HILL ROAD, SUITE 250, RALEIGH, NC 27607 j 1540/1600 WILSON ROAD TEL (919)951-4422 OR(800)354 -1879 FAX (919)851.8968 M" W CMY /MWRIWh w� NoRTN cnROUN� CERT NUMBERS NCBELS (C-0110), NCBOLA (C-0267) SCALE V = 40 CHK BY OLH