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HomeMy WebLinkAbout20061421 Ver 1_401 Application_20060906~X,p ~ ~ - ~ ~~~ ~~ Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com September 14, 2006 S&EC Project # 10409.W2 To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Jamie Shern 6508 Falls of the Neuse Rd, Suite 120 Raleigh, N.C. 27615 NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Lia MyotUCynthia Van Der Wiele 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 From: Debbie Edwards Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road ~ Raleigh, NC 27614 ~~Q~~~ Q ~a~ Re: Middle Creek Commons-EXPRESS REVIEW PROGRAM G~'~~~ gT'~z= ~~"~ , Clayton, Johnston County, NC On behalf of the owner, Elizabeth T. Barber, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USAGE) and the North Carolina Division of Water Quality (NC-DWQ) that the activities proposed below may procede utilizing Nationwide Permits 39 & 12 and Water Quality Certifications 3402 & 3374. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Middle Creek Commons Project T e Commercial Subdivision Owner / A licant Re enc Centers Coun Johnston Nearest Town Cla on Waterbod Name UT to Middle Creek Basin /Sub-basin 03-04-03 Index Number 27-43-15- 4 Class C; NSW IMPACT SUMMARY Stream Impact (acres): 0 Wetland Impact (acres): 0.470 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres): 0.470 Total Stream Impact (linear feet): 0 Attachments: Pre-construction Notification (PCN) Application Form Agent Authorization USGS Vicinity Map Wake County Soil Survey URS letter to USAGE (dated July 20, 2006) URS letter to NCDWQ (dated August 28, 2006) DWQ Buffer Detennination letter (dated September 5, 2006) EEP Acceptance letter (dated September 6, 2006) Express Review Acceptance letter (dated August 31, 2006) USAGE signed Jurisdictional Determination Map Storm Drainage Calculations, including Level Spreader Worksheets -& Extended Detention Wetland Worksheet Operations and Maintenance Agreement (signed and notarized) Existing Conditions Map Overall Layout Plan Map Overall Stonn Drainage Map & BMP Detail Map $1,000.00 Water Quality CertiScation Fee Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704)720-9406 Fax: (336)540-8235 ~„ _ _ Office Use Only: Form Version March OS USACE Action ID No. DWQ No. ~~ ~~ ` ~~2 ~ (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ® Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 & 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Mana e Environmental Concern (see the top of page 2 for further details), the `;`',! ~,'~?~ j=. II. Applicant Information ~ ~ i~ 14 2.0(16 .. 1. Owner/Applicant Information ~4 ~ ~~~ ~x~„.ant F~ r;~,a,~c~t Name: Elizabeth T. Barber c/o Regency Centers~Attn: David Smith Mailing Address: 101 Maynard Crossing Court, Suite 211 Card NC 27513 Telephone Number: 919-466-1500 Fax Number: 919-469-9883 E-mail Address: dsmith(c~r~,regencycenters.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Debbie Edwards Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: 919-846-5900 Fax Number: 919-846-9467 E-mail Address: dedwardsna,sandec.com Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Middle Creek Commons 2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a 3. Property Identification Number (Tax PIN): 1616-79-0505 4. Location County: Johnston Nearest Town: Clayton Subdivision name (include phase/lot number): Middle Creek Commons Directions to site (include road numbers/names, landmarks, etc.): The subject site is located within the southwest quadrant of NC Hi lg iwa~50 and NC Hi way 42. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.5918 °N 78.6006 °W 6. Property size (acres): 13.9 acres 7. Name of nearest receiving body of water: UT to Middle Creek 27-43-15-(42, C; NSW 8. River Basin: Neuse (03-04-03) (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: This site has been logged within the last 10 years, therefore a substantial amount of undergrowth is nresent. There are also 3 vacant dwellings located along NC Hwy 42. The general land use in the vicinity of the property is mixed residential, agricultural and forested. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is for a commercial development with impacts resulting from the installation of a commercial buildin (g~Qrocery stored the stormwater piping {utilities for the constructed wetland and the stormwater outlet/level spreader for the constructed wetland. Heav~quipment typically used for construction and excavation will be employed for this project. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to supply a commercial shopping area for the existing residential area. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Prior to S&EC's involvement, Mr. Ray Bode of URS Corporation completed the wetland delineation and Neuse Buffer evaluation. As stated in a letter sent to Mr. Jamie Shern dated July 20 2006 Mr Shern and Mr Bode conducted a site visit on June 1 2006 to confirm jurisdictional wetlands and waters on site (see attached As a result of this site visit on June 1, 2006, the jurisdictional determination has been si ir~y Mr. Shern and is attached (Action ID 2006-40446-251). As stated in an additional letter sent to Mr. Mike Horan dated Au sum 2006, Mr. Horan and Mr. Bode conducted a site visit on May 30, 2006 to confirm Neuse Riparian Buffers and isolated wetlands (see attached). The Neuse buffer determination letter is attaced (NBR# 06-2151. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permits are anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Page 3 of 9 Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs maybe included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The ,proposed permanent impacts include 0.444 acre of jurisdictional wetlands for lot fill f impact 1) and 0.014 acres of jurisdictional wetlands for a BMP outlet & level spreader (impact 3). The proposed temporary impacts include 0.012 acre of jurisdictional wetlands for stormwater pipin utilities (impact 2). 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) ( es/no linear feet) Impact 1 permanent-Lot fill Forested Headwater No 100' 0.444 (NWP 39) Wetlands Impact 2 Temporary-Stormwater Forested Headwater No 250' 0.012 (NWP 12) piping-Utility Wetlands Impact 3 Permanent-BMP outlet Forested Headwater No ~60' 0.014 (NWP 39) & Level Spreader Wetlands Total Wetland Impact (acres) 0.470 3. List the total acreage (estimated) of all existing wetlands on the property: 1.641 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Stream Width Length Impact indicate on ma Intermittent? Before Im act linear feet acres N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) N/A N/A 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Page 4 of 9 Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect: Stream Im act (acres): 0 Wetland Im act (acres): 0.470 O en Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.470 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ®Yes ^ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. There is a portion of an isolated wetland located on the southern nronertv boundarv of the project site however there are no impacts proposed to this isolated wetland feature. The amount of the isolated wetland that is located within the property boundaries is 0.003 acre. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impact #1 is a proposed Qrocerv store. this building has been shifted as far east and as far south as the site would allow. The 20' wide drivewav in the rear of the rg ocery store is required to meet fire code. In addition, the truck turnaround areas which are normally required in the rear Page 5 of 9 of a commercial building have been eliminated to minimize the proposed wetland impacts as much as possible. Impact #2 is the result of the proposed stormwater piping needed to route the stormwater from the uplands to the proposed stormwater BMP (constructed wetland). This piping has been located as far north as possible to minimize the proposed wetland impacts but also keeping the utilities from under HwX 42. Impact #3 is the result of the proposed outlet structure and level spreader for the constructed wetland. Accordin tg o the project engineer, this outlet structure is located within the wetland because the site is fairly flat, and the stormwater .piping system required large diameter pipes at flat slopes with minimum cover to establish the elevation of the BMP pond. The outlet pipe has been raised as hi as possible and even with all of the above measures; the vertical fall of this pipe is deficient in order to daylight outside of the existing wetland and avoid these impacts. The level spreader is needed to diffuse the flow for the 1 year storm from the outfall of the constructed wetland to prevent future erosion. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr.state. nc.us/ncwetlands/strm gide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 6 of 9 __ In conversation with Jamie Shern of the USACE, he requests a 2:1 mitigation ratio for the proposed permanent impacts to wetlands (0.458 x 2 = 0.916) The applicant proposes payment to the Ecosystem Enhancement Pro rg_am (EEP) for the proposed permanent impacts to wetlands; a copy of the EEP Acceptance letter is attached. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres): 0.0458 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC Page 7 of 9 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact C-Road Widening Zone* Impact s uare feet Multiplier Required Miti ation 1 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A N/A * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. There are no impacts proposed to the Neuse River Buffers. therefore mitigation is not be required. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The percent impervious for the entire proiect is calculated to be 68% (see attached Storm Draina~?e Calculations~pplicant is proposing a constructed wetland to treat the onsite stormwater, the extended detention wetland worksheet, level spreader worksheet and signed and notarized Operations and Maintenance Agreements are attached, along with the Storm Drainage Calculations package, the Overall Storm Drainage Plan (sheet C2.2) and BMP Details (sheet XII. Sewage Disposal (required by DWQ) 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. The proposed project will tie into existin sg anitary sewer lines in the area. XIII. Violations (required by DWQ) Page 8 of 9 Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water OualitX Certification and Isolated Wetland Programs" document prepared by the NC Division of Water Quality on October 3, 2002, version 1.6. The draft states that most small commercial developments are unlikely to cause cumulative impacts. Middle Creek Commons does not meet anv of the three criteria of private projects that can clearly result in cumulative impacts. We anticipate that you will advise us if a qualitative or quantitative impact analysis is required. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 9 of 9 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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( ~ Sw... ~~ ~ si t ~j ;. ~ ~c ~,c iuater ~ ,~ yi ~ s'~1 Y~ ~~ ~~ ~~ ~ _ ~ - '~~ , s~ ~ r ^~• . rye ,~ 5 F. s' ~ ~t F ~ ~-(~ ~b ~~ ~\ ~ i ` ~~ x{ `~_ ~~s .x:,A ~ NoR ~ S~ ~~ ~ ~.111~ McB~ y gb I ,~ t 'FSr '3~G~ ~ 0 e " ~ .~ h ~~~. '~-Y L rJiC$ L ~~ 3~ie G:' Ch ~3ne ~ t' - =:~\\\ V ~ AeA PaE ~,~, ' ~.' ' ~, PaD ~ ~' ~ ~PaD do ~r.paR i ~ ,~ r _ ~~ 9 _ ~." W~~ r ~4hf ~ , r ~ ~ filet ( _ ~ - ~. ~' t,r. ~ ~7, PaE ''" ~~ ~ t ~ ~~ i A _~ " ~ ~'~w ~~~ ~ ~ ~ ( t~ ` ~ No8 ~ ~' rzi - ~ .. ~r: - i ~ ~'~ F ra ~ ~ ~ Wt - McE '~ p~ f w~~ s ..' ~, ~~,,n ~, A ._»~ ~ ~ ~Li ~ --- Pro~ect Number: Map Title: 10409.W2 FIGURE 2-SOIL SURVEY Project Manager: MIDDLE CREEK DE COMMONS ` Soil & Environmental Consultants, PA Scale: Johnston Co., NC 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919)846-5900 •(919)846-9467 I ~~ = 2 ~ 000 Web Page: www.SandEC.com Date: Source: 08/3 I /06 Johnston Co. Soil Survey ~~ URS Corporation -North Carolina 1600 Perimeter Park Drive Morrisville, North Carolina 27560 July 20, 2006 Telephone: 919.461.1100 Fax: 919.461.1415 Mr. James Shern US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Subject: Section 404/401 Wetland Boundary Verification Middle Creek Commons Cleveland Township, Johnston County, NC Dear Mr. Shern: On June 1, 2006, you toured the Middle Creek Commons site and granted verbal approval of the jurisdictional wetland boundaries delineated by URS Corporation (URS). Two areas containing forested wetlands were observed within the subject property. One wetland (wetland WA) comprising 1.641 acres was determined to fall under US Army Corps of Engineers (USAGE) jurisdiction. The other wetland (wetland WB) was determined to be an isolated wetland therefore falling under the jurisdiction of the North Carolina Division of Water Quality (NCDWQ). The US Department of Agriculture (USDA) Johnston County Soil Survey indicated that an unnamed intermittent tributary to Middle Creek was located within the western portion of the property; however Mr. Michael Horan of the NCDWQ toured the site on May 30, 2006 and determined that the stream point of origin did not fall within the site boundaries. The wetland boundaries have been surveyed by a professional land surveyor and are presented on the enclosed plat maps. URS is requesting written verification of the jurisdictional wetland boundaries at this time. If you have any questions or require additional information, please contact me at (919) 461- 1278 (direct line) or by email at ray_bode@urscorp.com. Sincerely, URS Corporation - Carolina Ra ode Ecologist cc: Mr. Michael Horan, NCDWQ file enc: Plat drawings ~ b ~ ~ V Wetland data forms S~P ~ 1 2~~6 Agent authorization letter Sot S EmRnnmenial Consultants, PA DATA FORM WA -Wetland ROUTINE WETLAND DETERMINATION 1987 COE Wetlands Delineation Manual Pro'ect/Site: Middle Creek Commons Date: 4/18/2006 A licant / Owner: R enc Centers Count :Johnston Investi ator: R. Bode, C. Benton URS CORP. State: NC Do Normal Circumstances exist on the site? YES NO Communi ID: PF01 b Is the site si nificantl disturbed At ical Situation ? YES NO Transect ID: Is the area a tential Problem Area? If needed, ex lain on reverse YES NO Plot ID: WA-35 VEGETATION Dominant Plant S ecies Stratum Indicator Dominant Plant S ecies Stratum Indicator Pinus taeda T FAC Clethra alnifolia S FACW Acer rubrum T FAC Arundinaria i antes S FACW Liriodendron tuli ifera T FAC Woodwardia areolata H OBL M ica cerifera S FAC+ Percent of Dominant S ecies that are OBL, FACW, or FAC excludin FAC- :100% Remarks: HYDROLOGY [ ]Recorded Data (Describe in Ren [ ]Stream, Lake, or Tide Gauge [ ]Aerial Photographs [ ]Other [ ] No Recorded Data Available FIELD Depth to Free Water in Pit Depth to Saturated Soil WETLAND HYDROLOGY INDICA Primary Indicators: [ ~ Inundated [ ~C ]Saturated in Upper 12 Inches [ ]Water Marks [ ]Drift Lines [ ]Sediment Deposits ( ]Drainage Patterns in Wetlands - (in) Secondary Indicators (2 or more Required) [ X ]Oxidized Root Channels in Upper 12 inches 4 (in) [ JWater-stained Leaves [ ]Local Soil Survey Data 0 (in) [ ]FAC-Neutral Test [ ]Other (Explain in Remarks) SVILS Map Unit Name (Series and Phase): Bibb sand, frequently flooded Drainage Class: Poorly drained Taxonomy (Subgroup): Coarse-loamy, siliceous, active, acid, thermic T is Fluva vents Field Observations Confirm Mapped Type? YES PROFILE DESCRIPTION Depth Horizon Matrix Color Mottle Colors Mottle Abundance/Contrast Texture, Concretions, inches Munsell Moist Munsell Moist Structure, etc. 0-6 A 10YR2/1 Sand silt 6-12 A2 10YR3N Sand silt 12-16 B 10YR6/1 Sil sand HYDRIC SOIL INDI CATORS: [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor ( ] Aquic Moisture Regime [ ]Reducing Conditions Gle ed or Low-Chroma Colors [ ]Concretions [ ]High Organic Content in Surface Layer in Sandy Soils [X ]Organic Streaking in Sandy Soils [ ]Listed on Local Hydric Soils List [ ]Listed on National Hydric Soils List Other Explain in Remarks Remarks: WETLAND DETERMINATION H dro h is V etation Present? YES NO Wetland H drolo Present? YES NO Is this Sampling Point Within a Wetland? YES NO H dric Soil Present? Yf=S NO Remarks: Wetland is located in headwater area at western side of subject property. Hyrdologic source is from groundwater, surface flow, and culvert at the north end. DATA FORM WA -UPLAND ROUTINE WETLAND DETERMINATION Pro'ect/Site: Middle Creek Commons Date: 4/18/2006 A licant / Owner: R enc Centers Count :Johnston Investi ator: R. Bode, C. Benton URS CORP State: NC Do Normal Circumstances exist on the site? YES NO Communi ID: U land Is the site si nificantl disturbed At ical Situation ? YES IVO Transect ID: Is the area a tential Problem Area? If needed, ex lain on reverse YES NO Plot ID: Near WA -35 Dominant Plant S ecies Stratum Indicator Dominant Plant S ecies Stratum Indicator Pinus taeda T FAC ti uidambar st aciflua T FAC+ Acer rubrum T FAC M 'ca cerifera S FAC+ Percent of Dominant S ecies that are OBL, FACW, or FAC excludin FAC- :100% Remarks: ...,w.,,.. ,.,.., [ ]Recorded Data (Describe in Remarks) WETLAND HYDROLOGY INDICATORS [ ]Stream, Lake, or Tide Gauge Primary Indicators: (]Aerial Photographs [ ]Inundated [ ]Other [ ]Saturated in Upper 12 Inches [ ]Water Marks [ ] No Recorded Data Available [ ]Drift Lines [ ]Sediment Deposits FIELD OBSERVATIONS [ ]Drainage Patterns in Wetlands ~ Depth of Surface Water ~ Depth to Free Water in Pit Depth to Saturated Soil ..,..... --- (in) Secondary Indicators (2 or more Required). [ ]Oxidized Root Channels in Upper 12 inches -- (in) [ ]Water-stained Leaves ( ]Local Soil Survey Data (in) [ ]FAC-Neutral Test [ ]Other (Explain in Remarks) ~~~~~ Map Unit Name (Series and Phase): Wagramloamy sand, 0%-6% Drainage Class: Well drained Taxonomy (Subgroup): Loamy, kaolinitic, thermic Arenic Kandiudults Field Observations Confirm Mapped Type? YES Depth Horizon Matrix Color inches Munsell Moist PROFILE DESCRIPTION Mottle Colors Mottle Abundance/Contrast Texture, Concretions, Munsell Moist Structure, etc. 0-12 A 10YR3/2 Sand loam 12-16 B 10YR4/3 Loam sand HYDRIC SOIL INDI CATORS: [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Aquic Moisture Regime [ ]Reducing Conditions Gle ed or Low-Chroma Colors [ ]Concretions [ ]High Organic Content in Surface Layer in Sandy Soils [ ]Organic Streaking in Sandy Soils [ ]Listed on Local Hydric Soils List [ ]Listed on National Hydric Soils List Other Ex lain in Remarks Remarks: No hydric soil indicators observed. u~rr~ a..w w...r.-w...... ~..~.. H dro h is V etation Present? YES NO Wetland H drolo Present? YES NO Is this Sampling Point Within a Wetland? YES NO H dric Soil Present? YES NO Remarks:.. DATA FORM WB -wetland ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Pro'ect/Site: Middle Creek Commons Date: 4/18/2006 A licant /Owner: Re enc Centers Count :Johnston Investi ator: R. Bode, C. Benton URS CORP State: NC Do Normal Circumstances exist on the site? YES NO Communi ID: PF01b Is the site si nificantl disturbed At ical Situation ? YES NO Transect ID: Is the area a tential Problem Area? If needed, ex lain on reverse YES NO Plot ID: WB -10 VEGETATION Dominant Plant S ecies Stratum Indicator Dominant Plant S ecies Stratum Indicator Li uidambar st raciflua T FAC+ Smilax rotundifolia V FAC Acer rubrum T FAC Arundinaria i antes S FACW M rica cerifera S FAC+ Percent of Dominant S ecies that are OBL, FACW, or FAC excludin FAC- :100% Remarks: HYDROLOGY ] Recorded Data (Describe in Remarks) [ ]Stream, Lake, or Tide Gauge [ ]Aerial Photographs. [ J Other [ 3C ] No Recorded Data Available FIELD OBSERVATIONS Depth of Surface Water Depth to Free Water in Pit Depth to Saturated Soil SOILS WETLAND HYDROLOGY INDICATORS Primary Indicators: [ ]Inundated [ ]Saturated in Upper 12 Inches [ ]Water Marks [ ]Drift Lines [ ]Sediment Deposits [ ]Drainage Patterns in Wetlands ---- (in) Secondary Indicators (2 or more Required) [ X J Oxidized Root Channels in Upper 12 inches --- (in) [ X ]Water-stained Leaves [ ]Local Soil Survey Data 4 (in) [ ]FAC-Neutral Test [ ]Other (Explain in Remarks) Map Unit Name (Series and Phase): Norfolk sandy loam Drainage Class: Well drained Taxonomy (Subgroup): Fine-loamy, kaolinitic, thermic Typic Kandiudults Field Observations Confirm Mapped Type? YES N PROFILE DESCRIPTION Depth Horizon Matrix Color Mottle Colors Mottle Abundance/Contrast Texture, Concretions, inches Munsell Moist Munsell Moist Structure, etc. 0-2 A t0YR3/3 Sil loam 2-16 A 10YR4/1 Cla loam HYDRIC SOIL INDI CATORS: (] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Aquic Moisture Regime [ X ]Reducing Conditions X Gle ed or Low-Chroma Colors [ ]Concretions [ ]High Organic Content in Surface Layer in Sandy Soils [ ]Organic Streaking in Sandy Soils [ ]Listed on Local Hydric Soils List [ ]Listed on National Hydric Soils List Other Ex lain in Remarks Remarks: WETLAND DETERMINATION H dro h is V etation Present? YES NO Wetland H drolo Present? YES NO Is this Sampling Point Within a Wetland? YES NO H dric Soil Present? YES NO Remarks: Wetland is located along the southern boundary of the subject property. Hydrologic source is from ground water and surface flow DATA FORM WB -Upland ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manuall Pro'ect/Site: Middle Creek Commons Date: 4/18/2006 A licant /Owner: Re enc Centers Count :Johnston Investi ator: R. Bode, C. Benton URS CORP State: NC Do Normal Circumstances exist on the site? YES NO Communi ID: U land Is the site si nificantl disturbed At ical Situation ? YES NO Transect ID: Is the area a otential Problem Area? If needed, ex lain on reverse YES NO Plot ID: Near WB -1 VEGETATION Dominant Plant S ecies Stratum Indicator Dominant Plant S ecies Stratum Indicator Pious taeda T FAC Smitax rotundifolia V FAC Quercus ellos T FAC Arundinaria i antea S FACW Vaccinnium corumbosum S FACW Percent of Dominant S ecies that are OBL, FACW, or FAC excludin FAG :100% Remarks: HYDROLOGY. [ ]Recorded Data (Describe in Remarks) [ ]Stream, Lake, or Tide Gauge [ ]Aerial Photographs [ ]Other [ ] No Recorded Data Available FIELD OBSERVATIONS Depth of Surface Water. Depth to Free Water in Pit Depth to Saturated Soil WETLAND HYDROLOGY INC Primary Indicators: [ ]Inundated [ ]Saturated in Upper 12 Inches (]Water Marks [ ] Drrft Lines [ ]Sediment Deposits [ ]Drainage Patterns in Wetlands - (in) Secondary Indicators (2 or more Required) [ ]Oxidized Root Channels in Upper 12 inches - (in) [ ]Water-stained Leaves [ ]Local Soil Survey Data [ ]FAC-Neutral Test -- (in) (]Other (Explain in Remarks) SUILS Map Unit Name (Series and Phase): Norfolk sandy loam Drainage Class: Well drained Taxonomy (Subgroup): Fine-loamy, kaolinitic, thermic Typic Kandiudults Field Observations Confirm Mapped Type? YES N PROFILE DESCRIPTION Depth Horizon Matrix Color Mottle Colors Mottle Abundance/Contrast Texture, Concretions, inches Munsell Moist Munsell Moist Structure, etc. 0-4 Al 10YR5/4 Loam -sand 48 A2 10YR4/2 Loam sand 8-16 B 10YR5/3 Loam sand HYDRIC SOIL INDI CATORS: [ J Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Aquic Moisture Regime [ ]Reducing Conditions Gle ed or Low-Chroma Colors [ ]Concretions [ ]High Organic Content in Surface Layer in Sandy Soils [ ]Organic Streaking in Sandy Soils [ ]Listed on Local Hydric Soils List [ ]Listed on National Hydric Soils List Other Ex lain in Remarks Remarks: No hydric soil indicators observed. WETLAND DETERMINATION H dro h is V etation Present? YES NO Wetland H drolo Present? YES NO Is this Sampling Point Within a Wetland? YES NQ H dric Soil Present? YES F10 Remarks Wetland WA WETLAND RATINGWORKSHEET:Fourth Version Project Name: Regency Centers -Middle Creek Commons Nearest Road: NC42 and NC50 County: Johnston Wetland Area: acres Wetland Width feet Name of Evaluator: Bode, Benton Evaluation Date: 4118/06 nd Location on pond or lake on perennial stream on intermittent stream within interstream divide I Series redominantly organic-humus, muck, Or peat redominantly mineral -non-sandy redominantly sandy ulic factors ~ topography red or channelized wetland width >= 100 feet Adjacent land use (within Y= mile upstream, upslope, or radius) X forested/natural vegetation 80 X agriculture, urbanlsuburban 15 X impervious surface 5 Dominant Vegetation (1) Acer rubrum (2) C/ethra alnifolia (3) Woodwardia areolata Flooding and wetness semipermanently to permanently flooded or inundated X seasonally flooded or inundated intermittently flooded or temporary surface water No evidence of flooding or surface water Wetland type (select one)* Bottomland hardwood forest Pine savanna X Headwater forest Freshwater marsh Swamp forest Bog/fen Wet flat Ephemeral wetland Pocasin Carolina Bay Bog forest Other *the rating system cannot be applied to salt or brackish marshes or stream channels Water storage 2 x 4.00 =8 Bank/Shoreline stabilization 0 x 4.00 =0 Pollutant removal 1 x 5.00 =5 Wildlife Habitat 2 x 2.00 =4 Aquatic life value 1 x 4.00 =4 Recreation/Education 1 x 1.00 =1 * Add 1 point if in sensitive watershed and >10% nonpoint disturbance within'/z mile upstream, upslope, or radius Wetland WB WETLAND RATING WORKSHEET Fourth Version: Project Name: Regency Centers -Middle Creek Commons Nearest Road: NC42 and NC50 County: Johnston Wetland Area: 0.2 acres Wetland Width feet Name of Evaluator: Bode. Benton Evaluation Date: 4/18/06 and Location on pond or lake on perennial stream on intermittent stream within interstream divide other Series predominantly organic-humus, muck, Or peat predominantly mineral -non-sandy predominantly sandy raulic factors steep topography ditched or channelized total wetland width >=100 feet Adjacent land use (within'/z mile upstream, upslope, or radius) X forested/natural vegetation 80 X agriculture, urban/suburban 15 X impervious surface 5 Dominant Vegetation (1) Llguidambar sfyraciflua (2) Acer rubrum (3) Arundinaria gigantea Flooding and wetness semipermanently to permanently flooded or inundated seasonally flooded or inundated X intermittently flooded or temporary surface water No evidence of flooding or surface water Wetland type (select one)* Bottomland hardwood forest Pine savanna X Headwater forest Freshwater marsh Swamp forest Bog/fen Wet flat Ephemeral wetland Pocasin Carolina Bay Bog forest Other *the rating system cannot be applied to salt or brackish marshes or stream channels Water storage 2 x 4.00 =8 Bank/Shoreline stabilization 0 x 4.00 =0 Pollutant removal 1 * x 5.00 =5 Wildlife Habitat 1 x 2.00 =2 Aquatic life value 0 x 4.00 =0 Recreation/Education 1 x 1.00 =1 * Add 1 point if in sensitive watershed and >10% nonpoint disturbance within'/: mile upstream, upslope, or radius May 10, 2006 Mr. James Shern US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 RE: Authorization for URS to act as agent on behalf of Regency Centers Dear Mr. Shern This letter is to confirm that URS Corporation is acting on behalf of Regency Centers Inc. concerning delineation of wetlands and streams on the Middle Creek Commons site near Clayton in Johnston County, North Carolina. Correspondence with Regency Centers regarding this project should be sent to: David R Smith Senior Manager -Construction 101 Maynard Crossing Court Cary, NC 27106 (919) 466-1501 Direct (404) 245-6031 Cell X19) 469-9883 Fax dsmith@regencycenters.com Please feel free to contact me with any questions. Regency Centers Cc: David Smith, Regency Centers 101 Maynard Crossing Court Cary, North Carolina 27513 Office: 919.466.1500 • Toll Free: 888.468.9800 • Fax: 919.469.9883 www. rege ncycente rs. com Vice President l.~ J URS Corporation -North Carolina 1600 Perimeter Park Drive Morrisville, North Carolina 27560 August 28, 2006 Telephone: 919.461.1100 Fax: 919.461.1415 Mr. Michael Horan North Carolina Division of Water Quality Raleigh- Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Subject: Intermittent stream origin determination Middle Creek Commons Cleveland Township, Johnston County, NC Dear Mr. Horan: On May 30, 2006, you toured the Middle Creek Commons site and determined that the wetland to the south of the site (wetland WB) was an isolated wetland therefore falling under the jurisdiction of the North Carolina Division of Water Quality (NCDWQ). Also, it was determined that the point of origin of an unnamed intermittent tributary to Middle Creek shown on the US Department of Agriculture (USDA) Johnston County Soil Survey within the western portion of the property did not fall within the site boundaries. URS is requesting written verification of the determination of the point of origin of the stream channel at this time. S&EC Consultants is compiling the permit application at this time and this document is outstanding. Please forward the written verification both to me and to: Debbie Edwards Environmental Specialist Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919)256-4512 Fax: (919)846-9467 Mobile: (919)602-3051 If you have any questions or require additional information, please contact me at (919) 461- 1278 (direct line) or by email at ray_bode@urscorp.com. Sincerely, URS...Cyorporation,-North Carolina ~" ,~~ ter''? ~~ ~, v`;' rte. Ra~r~ode Ecologist cc: file enc: Subject property location map S M D sE~ o ~ 2oos 8y: Soil & Envirornnenfal Cansutt~rsts. PA Legend ~ FIGURE 1 '1k' Approximate Location Mortisville. NC SUBJECT PROPERTY LOCATION of Subject Property N NC Counties A MIDDLE CREEK COMMONS USGS Edmundson, NC REGENCY CENTERS Johnston 7.5' quadrangle map, 1993. o ~,ooo z,ooo Feet SEP-14-2006 06 35 P.02i04 QF ~~"/F,4 ~, Michael F, Easley, Governor `O~ QG I William G_ Ross Jr., Secretary C~ y North Carolina Department of Environment and Natural Resources > rT ~ Y Alan W, Klimek, P.L. ptrector Division of Water Quality September 5, 2006 URS Corporation C/o Ray Bode 1600 Perimeter Park Dr. Morrisville, NC 275b0 Attn: Mr. Ray Bode BASIN: 1Veuse R1VL`r X (ISA NCf-C 2B .0233) - Complaint NOV NBR# 06-215 Johnston County Tar-Pamlico (15A NCAC 213 ,0259) " ~~ incident # Determination X Project Name: Middle Creep Gammons Location/Direetions: located o the so thwest creel of the interseetio of NC 42 and NC 50 in Johnston Co, Subject Stream: UT to Middle Creek Date of Determination: 5/30/2004 Feature(s) Not Subject Start @ Subject A X Ofi property at buffer stsirt flea _ _. Comments: Not subject on property, .. ~ _ Explanation: The feature(s) listed above hes or have been located on the Soil Survey of Johnston County, North Carolina or the most recent copy ofthe iJSGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property, Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams other str~eatns located on your property that do not show up on the msps referenced above but, still a ° Carolina Jl~afura!!~ Stream Soil USGS 1~orm Pts. Survey Topv X North Caroline Division of Water Quality Ratciglt Regional Office Surfacc3 Writer Protection Phone (919) 791-4200 Customer Service lntemek h2o.enrstate.nc,us 1628 Mail Service Center Raleigh, NC 27699-1628 FA?i (919) 571-4718 t-877-623-674x An Equal OpportunitylAtfimlaGve ActJon Employer -- 50~ Recycled/tb% Post Cotlsumer Paper SEP-14-2006 06 35 P.03i04 Johnston County 9/5/2006 Page2of2 maybe considered jurisdictional according to the US Army Cores of Engineers and/or to the Division of Water Quality. Thls on-site determination shall expire five (S~ years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated focal Authority that a s>irfau st fotr a exists and that it is subject to the buffer rule may request a determination by the Director. A req determination by the Director shall be referred to the Director in writing e/o Cyndi Karoly , DVVQ Wetlands1401 C7nit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or pelegated Local ~~ het within 60 days of'the datecthat youf re eive this letter./ Appll a is are an ad judicatory hearing. You mcludin hereby notified that the 60-day statutory appeal time does not start until the affected party {' g downstream and adjacent landowners) is notified of this decision. DaWlsQre ma~'n astlmelyhm nner.a To ask conduct this notification in order to be certain that third party app for a hearing, send a of Admlmtstr five I-learings~6714 Mail Service Cent rw, R lcigh N Cu2'1699-67 4. This Statutes to the Offic determination is final and binding unless you ask for a hearing within 60 days, _ . . The (o'wner/futare owners) shoald 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 Sectton Central Offi e f aC (919) 733- 86~ and the i.TS tArmY ~ should be directed to the Dlvisiott of Water Quality ( ) Corp of Engineers (Raleigh Regulatory Fietd Office) at (919)-876-8441. Respect~fullyp, „~11,tClt[ux ~~'~'`~ Michael Horan 1~nviranzncntal Spec. I CC: Shandra Coats-. Johnston County Government, F.O. Box 1049, Smithfield, NC 27577 7atnie Shern-US Army Corps of Engineers, Raleigh Regulatory Office Wetlands/ Stormwater Branch, 2321 Cxahtree Blvd, Suite 250, Raleigh, NC 27b04 RRO/SWP Files Central Files mlly North C.afokins Division of Wrttr Quality Rc5 o n a ~f R 28 ~ ~ ci h NC 7699-1628 FAX (919) 571-47 8 1-877-dz3~ $e Intemek h2o.enr.stdte.nc.us c r ~ e 3 ~ ~ t ~ An Equal OpportuniiylA~rmative Adiop Empfoyet- 50°~ Recycled/10°~6 Post Consumer Papef SEP-14-2006 06 36 P.04i04 TOTAL P. 84 ___ -- ~~. s~~ t c,~1-~w SURVi=YED Legend ~ ~ ~ ~~,Q /D(~ "'ei{'""~'N° WETLAND BOUNDARIES [_] Nc Counties Approximate Location of Subject Prope~ty A .jonnston Surveyed Wetlands o ' ` 20o MIDQ~.E CREEK COMMONS USGS Edmuadson, NC 7,s g4adrerple map, 1993. ~ 'Feat REGENCY CENTERS SEP-14-2006 06 3'7 2 12~ 000 FEET n ~ ,r' 1M - ~ '~: ' `•Yk~•.. h. !4 ~ • F ~..-- m' ~ W~ , ar . ~ ~ N'. .~~.. ~,.,+.. ur ~'...bie~ o~ ~~~ s~~bcb~ ~° WQO~ P.81i01 TT ~' w. ~Z.~ ` ~ ~~'~~ ' lid/ Y/~ F, r r~ 1T~' v •~~ ~ ~. ~ .~ Y _~ ~ . ~ ~ :~ %: ,,. , r ~ w, ~. ~ ~' ~ r Y, ~ l ~ • ~ ~ J ',I .~ ~ .X~ ~~ R ~ - ~ ~ ~~y~ r r' L ~ ~ ~ - ` J ~ i ,i Ca r (• -~~N ~~t e~i ~ > ~ 7 GJ~ 4 ~~~ fir y . , ~ ~~, ! '~ 1 ! ~yi+ a~ ',;f .. , ~ ~ ~ ~ ~ ti ,. ' i ~ I ` - .~~ t ~3. ^~ r .c~ 44 ~~ ~ ry ~ ~, ~ I • '~+ l , n* 1 1 y ~ 1 r R ,~~ ~ ar~ P?. S Y ~ ~. '•~~ . -.tr k ~c'µ ~ ~ I t '~ ; M.- ~f rj~ y0.r ` 1'. v~ ,~ ~ . ~~k`~G8 _ _ l7y-IOb-' IOb 15 : b'L rHUCI-llt;Nti ~l;t' yly (15LIOt71 c~ ~. ''''pp r ~i.~. Ptcoc RAM September 6, 2006 Debbie Edwards S&~EC 11010 Raven Ridge Rd Raleigh, NC ?7614 Project: Middle Creek Commons Counry: Johnston 1 -125,5 YVJL u- r cat The purpose of this letter is to notify you that the North Carolina Ecosystem Enhaneempnt Progam (N'C EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure tl-at die payment will be approved by the permit issuing agencies as mitigation for project impacts_ It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. 'This acceptance is valid for six months from the date of this letter. )(f we have not received a copy of the issued 404 1Permit/401 Certit~c~tfon within this tfine frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CA1rtA permits to NC EEP, Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an utvoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) ()_,itlear Feet) Zone 1 Zone 2 Unit (Sq_ Ft.) (Sq. Ft.) Ri arian Non-Ri arian Coastal Marsh Cold Cool Warm Neuse 0 0.47 0 0 0 0 0 0 03020201 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 mitigation to-impact ratio, (buffers, Zoae 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the 1Vlernorandum of Understanding between the N. C_ Department of Environment and Natural Ttesources and the U. S. Army Corps of Engineers dated November 4, 199$. if you have any questions or need additienal information, please contact Carol Shaw at (919) 733-5205. cc: Cyndi Karoly, Wetlands/401 Unit Jean Manuele, USACE-Raleigh Eric Kulz, DWQ-Raleigh 1?ile Sincerely, c yti~~~~~ illiam b. ilmore, PE Director R,~ori~t~... ~ ... Pro>~~ Ou.~ Sfat,~ North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep,net Michael 1'. >/asley, Uovemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 31, 2006 Johnston County EXPRESS REVIEW ACCEPTANCE LETTER Regency Centers Attn: David Smith 101 Maynard Crossing Court, Suite 211 Cary, NC 27513 Dear Mr. Smith: Project Name: Middle Creek Commons M ~ ~ Y D SEP 0 6 2006 8y: Sod 6 Em~rortrnental Consultants. PA On August 31, 2006, the 401 Oversight/Express .Permitting Unit of the Division of Water Quality received a request from Debbie Edwards, of S&EC, regarding a project known as "Middle Creek Commons" for acceptance into the Express Review Program. This letter advises. you that your project will be accepted into the Express Review Program once the following items are received: 1. The application fee of $1,000.00 [for 401 Water Quality Certification service], made payable to the North Carolina Division of Water Quality];. 2. Five (5) complete and collated copies. of the PCN Application; 3. One (1) copy of the Addendum; and 4. Five (5) copies of all site plan information pertaining to this project (please refer to the Addendum http•//h2o enr state nc us/ncwetlands/appadd5.pdf). Thank you for your attention to this matter. Please keep in mind that the clock for this. project will not start until receipt of the completed application package and required fee are received. If the impacts are greater than indicated on the initial interest form and/or the services. are different, you may be required to remit an additional fee. If you have any questions or wish to discuss these matters further please do not hesitate to call Lia Myott or Cynthia Van Der Wiele of 919-733-1786. Sincerely, n _ _ / ~~ ~~- Cyndi Karoly, anager 1/Express Review Oversite Unit CBK/cvdw cc: File copy Debbie Edwards, S&EC; 11010 Raven Ridge Road, Raleigh, NC 40t Oversight /Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: ht :i%h2o.enrstate.nc.us.:ncwetlands No Carolina ,J1~atura!!r~ An Equal OpportunitylAffinnative Action Employer - 50% Regded110°~ Post Consumer Paper JORiSDICfIONAL DEfERMRdATION SURVEY };,FCF«,rn MIDDLE CREEK COMMONS Luc e~F PROPERTY OF ELIZABETH TAYLOR BARBER.,. CLEVELAND TOWNSHIP, JOHNSTON PREPARED FOR REGENCY REALTY GROUP CORPS. WETLANDS CERTiFlCA110N t~NERAI NOTES: VICINITY MAP (N.T.S.) I, DAVID K. BRUBAKER, CERTIFY THAT THIS PUT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION DESCRIPTION RECORDED IN BOOK ~`z , PAGi:~ THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION AS SHOWN ON THE FACE OF THIS MAP; THAT THE RAi10 OF PREgSiON AS CALCUUTED IS is ;AND THAT THIS PUT WAS PREPAR ACCORDANCE WITH G.S. 47-30 AS AMENDED., THE S MY ORI 1 k~141~J~RE, REGI TRAiI NUMBER, AND Al THI$, ~i~ OF , A.D. J ......,. N ~i ~ :~~ ~~ ~~4ESS10~ 9 ~i; .. s4 ~ ~ i ~.xb6 = DAVID K. BRUBAKER, P.L.S. y, Q'; ~ ~ ~1 ~ .,~~''o in ``, ``~~ I, DAVID K. BRUBAKER, PROFESSIONAL UND SURVEYOR / 2968, CERTIFY TO ONE OR MORE OF THE FOLLOWING AS INDICATED:~~ X _ THAI;, THIS PU IS OF A SURVEY OF AN EXIySA1JG PAR OR PARCELS OF LAND; DAVID K. BRUBAKER; P.L.S. ~ 2968 COUNN, NC THIS CERTIFlES THAT THIS COPY OF THIS PUT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISMCTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE UW OR OUR PUBLISHED REGUU110NS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON. FOR A PERIOD NOT TO EXCEED FlVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS DEUIpp>s,(1TlON MANUAL. REGUUT~O~Y OFFlgAL'' . " , v ~ ~ ~ TITLE ~Iz~ l o~ DATE ~IQ ' V USACE ACTION ID THE PURPOSE OF THIS MAP IS TO IDENTIFY WETLANDS DELINEATED BY URS, INC., TO BE APPROVED BY THE U.S. ARMY CORPS OF ENGINEERS. THIS MAP IS NOT INTENDED TO REFLECT A COMPLETE BOUNDARY SURVEY OF THE PARCEL PROPERTY SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD LINES NOT SURVEYED ARE SHOWN AS BROKEN UNES FROM INFORMATION REFERENCED ON THE FACE OF THIS PUT THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE COMPUTA110N METHOD BASIS OF BEARINGS: NCGS GRID COORDINATES, NAD 83/2001 DATUM ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. FEET UNLESS OTHERWISE NOTED =f ~A W ~/ GQ~IERAL NOTES (CONT'D.): TEIIS PUT IS A CORRECT REPRESENTATION OF THE LAND PUTTED AND Hi,S SEEN PREPARED IN CONFORMITY 1hITH NORTH- CAROLINA STANDARDS, G.S. 47-30, AND REQUIREMENTS OF UW, BUT A NORTH CAROLINA LICENSED ATTORNEY-AT-UW SHOULD BE CONSULTED REGARDING CORRECT OWNERSHIP, WIDTH, AND LtX;AT10N OF EASEMENTS AND OTHER TITLE QUESTIONS REVEALED BY r ^..t EXAMINATION SOURCE OF TITLE WB 1 B, PG. 195 DB 423, PG. 93 JURISDICTIONAL DETERMINATION SURVEY MIDDLE CREEK COMMONS PROPERTY OF ELIZABETH TAYLOR BARBER CLEVELAND TOWNSHIP, JOHNSTON COUNTY, N.C. PREPARED FOR REGENCY REALTY GROUP CHAS. H. SELLS, INC. CONSULTING BNGD!IEERS, SURVEYORS, AND PHOTOGRA]O1ETRiSTS 15401 11ESTON PARKIIAY SUITE 100 CARP, NC 27515 PHONE:919.878.OOS5 FAZ:919.878.0208 1fII1f.~~~ist7r~,C01[ Drawn By DB Date Job No. Surveyed by MH MAY 30, 2006 06-7051 Checked By CEB/DKB Scale Drwg. No. Fle Name MIDDLE CREEK COMMONS VYEILANDS N/A 1 OF 3 Revisions 1) PER URS COMMENTS 7-20-06 3) --- NC HIGHWAY 42 -~R~__.-- ~- V I NCDOT CLNMEO 100' PUBLIC R/W .._...nn nl C LEGEND: cP 0 COMPUTED POINT wMZ90 wETLANU FLAG cP- t 4 WETLAND TIE PgNT RBF7• REBAR FOUL PKSQ PK NAIL SET pK0 PK NAIL FOUND a® cEaoEno MONIAAENr PROPERTY TINE - - - PROPERTY LINE (Not SURVEYED) -- . - CREIX CHANlEL ---- NON-JURISDICTIONAL STREAM Wc'1LANDS BOUNDARY Wc"RuWDS AREA -R/W- RIGHT-OF-WAY -EP- EDGE OF PAVEMENT NOW OR FORMERLY ELIZABETH TAYLOR BARBER WB 1 B, PG. 195 PIN: 1616-79-0505 ``~pil ~~ ~~ r:Q NlJ~~~i wA-z4 o WA-2S ~ -~- O w ~^ `9 ~ ~,~ , -;3~; ~ wA-aa ~~ '~ ~ wA-r~ ., ~'1 ~~~', wA-zz J W a wA-zo ti,* 2w wA-zt ~ ~ ~ ~ v '~ / wA-20 ~ ~ J`' wA 30 ,~},~ wA-1o t ~ a; W O i/ /w, ~ ~ wA-31 ~.,~~ wA-1e <"b °z ;oe ; ~ WA-17 wA- ' a ^r; ' WA-33 yob >~ wA-16 ~ ~~. ?~ ~: 3S ~ wA-1S ~ ~ ~ A 1DRVI ~ ~ m 9 ~. t ; DA wA-14 ~ ~ :/ ~ ~, 4 1~ ., t: ~2; ., W/,l-:0>(.37, DA-3 DA-4 (~ _ 83.31' 89.81' S - 968 '~ ~'' t~11111{11~; _t1 11.63' ~ l - R/W N86'2_9'04~E ~- 971.38' E)4STIND 30' C.P. k L EASEMENT BASED ON UTILITY PDIE LOCATION AREAS IMTHIN USACE JURISDICTION 71,498 SQ. FT. / 1.641 ACRES NOW OR FORMERLY ELIZABETH TAYLOR BARBER WB 18, PG. 195 DB 423, PG, 93 PIN: 1616-79-0505 TOTAL RECOMBINED AREA 606,357 S0. FT. / 13.920 GROSS ACRES 88,219 SD. FT. / 2.025 ACRES IN R/W 518,138 SQ. FT. 11.895 NET ACRES AREAS NOT SUBJECT TO USACE JURISDICTION I 663.9 LINEAR FEET L41 DA-6 DA-7 - DA-5 L42 L'~ L44 DA-9 ~ `u D-~\DRAW DA-11 lfe L47 N8T58'30`yy_ 1067.24' ~ SEE DETAIL ~'2 SHEET 3 ~~ ~" s Aso,. (~A~F EXISTING EASEMENT LINE ~ ~ PER NCDOT RIGHT-OF-WAY AGREEMENT DAZED SEPTEMBER ' 1956 -PROJECT }'4864 DD 1323, PG 60 EXISTING WATERLINE EASEMENT DB 1724, PG 37 SEE DETAIL ~ 1 SHEET 3 i N ~ o r~o Nd d O EXISTING C.P. k L EASEMENT~~~~~~ ~ N ~ DASEO ON 15' OFF CENTERUN ~ OF U11UTY POLE LOCATIONS ~ !I CONTROL CORNER I' 0.75' REBAR FOUND Y(N): 670,312670 X(E): 2,119,067.655 NC GRID NAD 83/200\ ~A 50' 312.61' S0. O~ ~m }~ a =o C7 ~ =3 U~ O Z~ 0 U z .1117,24' (TOTAL) NCGS "MESSER' Y(N):669,382552 ~ GROUND) X(E): 2,106,410.400 , NC GRID NAD 83/2001 ~ _N85'4814 E 12712_85 ( _ . - - a~ ~ -'J ~ rCOMBINED GRID (ACTOR: U•999880496 N74y633 WJ~1 1914p,60' ~ \ ~GRip~~ ~ NOW OR FORMERLY D do S PROPERTIES, LLC DB 2849, PG. 589 PIN: 1616-89-4820 z~ ~ ~ ~z 0 ~~ V1 mZ NCGS '25 L8 1" Y(N}: 664,195.299 X(E): 2,124,834.700 NC GRID NAD 83/2001 DATUM GRAPHIC SCALE too 0 5o too 200 ODD ( IN FEET ) 1 inch = 100 ft. MAPCHECK BY CEB 7/14/06 JURISDICTIONAL DETERMINATION SURVEY MIDDLE CREEK COMMONS PROPERTY OF ELIZABETH TAYLOR BARBER CLEVELAND TOWNSHIP, JOHNSTON COUNTY, N.C. PREPARED. FOR REGENCY REALTY GROUP CHAS. H. SELLS, INC. CONSULTING ENGII~BRS, SURVEYORS, AND PHOTOGRAIO[E'PRiSTS 15401 IIESTON PARK1fAY SUTfE 100 CARP, NC 27519 PHONE: 919.878,0095 FAX: 919.878.0208 lllllf.~~~t't;1.rs,COY Drawn By DB Date Job No. Surveyed by MH MAY 30, 2006 06-7051 Checked By CEB~DKB Scale Drwg. No. File Name MIDDLE CREEK COMMONS WEZWIDS 1" = 100' 2 OF 3 Revisions 1)PER URS COMMENT'S 7-20-06 3) 4 WETLAND FLAG COORDINATE TABLE DA-11 670348.2816 2118680.9296 DA-I-DRAW 670368.0218 2118122.8318 DA-2 670369.3022 2118208.3484 DA-3 670367.6649 2118245.0566 DA-4 670367.7699 2118284.4188 DA-S-DRAW 670375.1739 2118325.7154 DA-6 670375.8031 2118360.3975 DA-7-DRAW 670317.5380 2118405.7353 DA-8 670383.0605 2118448.0808 DA-9 670371.1406 2118533.8001 DB-10-DRA 670366.8369 2118614.3686 WA-13 670359.1774 2118212.5348 WA-14 670389.7496 2118259.3128 WA-15 670429.9968 2118262.1250 WA-16 610481.1263 2118256.7046 WA-17 670526.8762 2118250.6567 WA-1B 670565.2670 2118259.4047 WA-19 670601.6642 2118259.5267 WA-20 670637.7549 2118257.0429 WA-21 670681.2919 2118265.7285 WA-22 670724.4154 2118259.8526 WA-23 670754.1176 2118269.7820 WA-24 670830.3186 2118274.1641 WA-25 670799.7128 2118246.0768 WA-26 670753.8918 2118179.9617 WA-26 670786.8440 2118194.4320 WA-27 670714.8949 2118174.0594 WA-28 670697.7178 2118146.8365 WA-29 670672.6521 2118123.9660 WA-30 670611.1555 2118110.0226 WA-31 670557.3029 2118097.3177 WA-32 670505.1719 2118085.6562 WA-33 670477.1069 2118056.8226 WA-34 670434.8652 2118031.6503 WA-35-END 670442:7403 2117997.6233 WA-5 670355.8429 2118114.7672 WA-6 670366.4075 2118124.5048 WB-10-END 670332.6042 2118757.4511 WB-5-DRAW 670340.8050 2118756.5011 CP-1 67034.4580 2118104.3350 CP-2 670347.0470 2118115.9540 CP-3 670343.8740 2118205.7030 CP-4 670436.7930 2118023.3210 CP-5 670325.1370 2118735.6370 CP-6 670323.8810 2118771.1600 CP-7 670323.7370 2118775.2400 WETLAND FLAG LINE TABLE LINE LENGTH BEARING L8 8.55 N76'S8'09"W L9 49.17 S30'4T28"W L10 40.24 S45'46'26"W L11 53.42 S12'36'33"W L12 55.33 S13'16'28"W U 3 63.06 S12'46'30"W L14 33.93 S42'22'41 "W L15 32.19 S57'44'56"W L16 39.44 S08'36'24"W L17 35.99 S23'42'28"W L18 53.22 S76'00'29"W L19 41.54 S42'32'35"W L20 76.33 N03'17'29"E L21 31.32 N18'29'05"E L22 43.52 N07'45'33"W L23 44.39 N11'16'S7"E L24 36.18 N03'S6'13"W L25 36.40 N00'11'32"E L26 39.37 N12'S0'12"E L27 46.15 N07'31'S0"W L28 51.42 N06'03'05"W L29 40.35 N03'S9'49"E L30 55.88 N56'49'S9"E L31 16.76 N24'03'22"E L32 13.38 N51'12'32"E L33 14.37 N42'40'02"E L34 21.16 823'49'44"W L35 23.06 N71'06'14"E L36 16.25 S57'31'S3"E L37 85.53 N89'OS'32'E L38 36.74 887'26'46"E L39 39.36 N89'S0'S0"E L40 41.96 N79'S0'08"E L41 34.69 N88'S7'38"E L42 45.37 N87'48'31"E L43 42.70 N82'34'11"E L44 85.92 886'02'58"E L45 81.22 582'42'44"E L46 69.10 S74'25'23"E L47 75.94 584'21'00"E L48 25.35 847'40'19"E UNE TABLE LINE LENGTH BEARING L1 23.45 S19'09'Ot"E L2 67.83 S46'01'43"E L3 134.64 S46'01'43"E L4 67.83 S46'01'43"E L5 99.62 N86'29'04"E L6 99.62 S01'2Y29"W we-lo \ .'(y 4',. 18'30"W 1117.24' (TOTAL) 4.08' DETNL ~2 (N.T.S.) EXISTING WATERLINE ~ EASEMENT OB 1724, PG 37 AREAS NOT SUBJECT TO USACE JURISDICTION 146 SQ. FT. / 0.003 ACRES 0 ?n i~ Wo m` ~, z 0 0 ~~ mV z ,,~ttt `~~ ~~~=.,oF Q~ :i t i. i4 n, ~~i. r i i ~:' K. BRU~± ~~~`~`~ illltltt p~~p ~\~1" MAPCHECK BY CEB 7/14/06 JURISDICTIONAL DETERMINATION SURVEY MIDDLE CREEK COMMONS. PROPERTY OF ELIZABETH TAYLOR BARBER CLEVELAND .TOWNSHIP, JOHNSTON COUNTY, N.C. PREPARED .FOR REGENCY REALTY GROUP CHAS. H. SELLS, INC. CONSULTING ENGINEERS, SURVEYORS, AND PflOTOGRAMMETRISTS 15401 IIESTON PARKIIAY SUITE 100 CARY, NC 27513 PHONE: 919.878.0035 FAX: 919.878.0208 1flflf.CHASHSELIS.COM Drown By DB Date Job No. Surveyed by MH MAY 30, 2006 06-7051 Checked By CEB/DKB Scale Drwg. Na. Fle Nome MIDDLE CREEK COMMONS Wt"1lANpS N/A 3 OF 3 Revisions 1) PER URS COMMENTS 7-20-06 3) 2) 4) RESERVOIR WATERSHED PROTECTION IMPOUNDMENT MAINTENANCE AGREEMENT PROJECT: Middle Creek Commons Shopping Center BMP Constructed Wetland and Level Spreader per plans completed by Chas H. Sells. Inc RESPONSIBLE PARTY: Regency Realty Group, Inc. PHONE #: 919-466-1500 ADDRESS: 101 Maynard Crossing Center, Cary. NC 27513 I. Monthly or after every runoff producing rainfall, whichever comes first: a. Remove debris from trash rack. b. Check and clear orifice of any obstructions. c. Check pond side slopes; remove trash, repair eroded areas before next rainfall. II. Quarterly a. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear accumulated trash from basin grates, and basin bottoms, and check piping for obstructions. b. Check pond inlet pipes for undercutting. Repair if necessary. c. Repair any broken pipes. d. Replace rip rap that is choked with sediment. III. Semi-Annually a. Remove accumulated sediment from bottom of outlet structure. b. Check pond depth at various locations. If depth is reduced to 75% of original design depth, remove sediment to original design depth. c. Reseed grassed swales twice yearly. Repair eroded areas immediately. IV. Annual a. Submit report to the Environmental Protection Administrator with the following information: • Site map with specific BMP identified by number or letter • Owner name • Inspector name, Professional Engineer registration seal, signature and date • Weather at time of inspection • Most recent rain event date and approximate amount • BMP type • Specific information about the condition of the BMP • Note any repairs needed or made • Provide at least two pictures of the structure, showing the inflow and outflow area. IV. General a. Mow side slopes according to the season. Maximum grass height to be six (6) inches. b. Cattails are encouraged along pond perimeter, however, they must be removed when they cover the entire surface area of pond. c. All components of impoundment system to be kept in good working order. d. In case the ownership of the Impoundment Transfers, the current owner shall, within thirty (30) days of transfer of ownership, notify the Johnston County Environmental Protection Administrator, of such ownership transfer. e. This property and impoundment is also subject to the Operation and Maintenance Manual filed with the register of deeds. [ b.c~ $EHi4l. F D~'~EG~.t~ y~~~it-7'Y ~-,r ~'ouP~ I, <_r~~s l,~l,~,~vsCER ,hereby acknowledge that I am the financially responsible party for maintenance and inspection of this impoundment. I will perform the maintenance as outlined above, to comply with the Johnston County Stormwater Management Ordinance and the Stormwater Management permit received for this project. Furthermore, I attest that this Inspection and Maintenance Agreement is on file with the Register of D Signature: ~ Date: --~~-~- I, ~~. ~1/I yi, a Notary Public for the State of ~C ,County ofI D~, do h reb certify tha S W~~ ersonall a eared before me this (~'~' r Y rr lay ~f 200 and acknowledge due execution of the foregoing instrument. Witness my hand and official seal, \\~~\\111 I I Ill~~~i S • M'• M~~• '~i~~ My commission expires: 5I ~0~ .4• .y. ?Glai~enan~~~ient ~ '` ~ . PUBLIC : ~, V\ /'//~~~~~ COUN~?~\`