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HomeMy WebLinkAbout20061496 Ver 5_Modification Request_20220207Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* Version* 5 20061496 Is this project a public transportation project?* Yes • No Reviewer List: * Colleen Cohn:eads\cmcohn Select Reviewing Office: * Raleigh Regional Office - (919) 791-4200 Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Project Contact Information Name: Jennifer Burdette Who is submitting the information? Email Address: burdette@nrconsultnc.com Project Information Existing ID #: Existing Version: 20061496 4 20170001(no dashes) 1 Project Name: Alston Town Center Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Wake Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Alston Permit Modification Pkg 2022-02-07.pdf 12.04MB Only pdf or kmz files are accepted. Describe the attachments or comments: Attached is a request for a modification of an Individual Permit. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: Is filled in automatically. i-Vf.-Natural Resource Consultants February 7, 2022 Mr. James Lastinger Mr. Rick Trone US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Field Office 401 & Buffer Permitting Branch via RaleighNCREG@usace.army.mil via Online Project Submittal Interim Form Re: Individual Permit/Water Quality Certification Modification Alston Town Center Cary, Wake County, INC USACE AID: SAW-2006-32842/DWR Project # 2006-1496 V5 NRC Project #: 21029 Dear Mr. Lastinger and Mr. Trone: On behalf of Cary Creek Land, LLC, Natural Resource Consultants (NRC) requests modification of the Individual Permit and Water Quality Certification for Alston Town Center (agent authorization form attached). The project is in the southwest corner of NC Highway 55 and Interstate 540 in Cary, Wake County, North Carolina (Figure 1). Nancy Branch bisects the site, and Highcroft Drive (existing/proposed) runs along the northeast side of the stream. An Individual Permit was issued for this project on December 3, 2015. For reference, a copy of the permit, which includes the Individual Water Quality Certification, is attached. The cross -sections have been omitted from the permit approval to reduce the size of the file. On December 3, 2020, the permit expiration was extended to December 31, 2025. As reported in the request for a permit extension, the impacts within Phase 1 of the project have been mitigated and completed according to the permit. Attached is the executed Compensatory Mitigation Responsibility Transfer Form (MRTF) for the stream and wetland mitigation required for Phase 1. This modification is required to extend Highcroft Drive from the original project boundary to its current terminus under 1-540 and revise the previously permitted road crossing in Phase 2 of the project (Inset 6). A future sanitary sewer crossing in Phase 2 was proposed to be installed by bore and jack has been installed. A future greenway aerial crossing depicted in the original permit is now proposed adjacent to this sanitary sewer crossing. Impact to the stream will be avoided by constructing the greenway crossing with a pedestrian bridge. An updated set of impact maps are attached that depict the new site plan and proposed roadway, including culvert and riprap cross -sections. A delineation of the additional project area was completed on June 8, 2020. One tributary to Nancy Branch and no jurisdictional or isolated wetlands were observed. To support the delineation, an upland data form is attached. 10212 Creedmoor Road, Raleigh, NC 27615 Mr. Lastinger & Mr. Trone NRC Project #: 21029 February 7, 2022 Page 2 of 2 The road crossing in Impact Area 6 has been revised to conform with a new site plan designed for the project's final phase. This road crossing will permanently impact 120 If stream for culvert installation and 26 If for installing a dissipator pad. The dissipator pad will be embedded into the channel to maintain preconstruction channel dimensions and avoid a loss of the stream channel. The road crossing was initially permitted to permanently impact 107 If for culvert and 24 If for riprap installation and temporarily impact 12 If for construction access. The new design will add 13 If culvert and 2 If riprap stream impact. Extension of Highcroft Drive under Interstate 540 will impact a short tributary to Nancy Branch. This tributary begins with a large headcut. The proposed road extension will permanently impact 37 If to install a culvert and a riprap dissipator. Due to the large headcut and over -widened stream, the riprap will not be embedded to maintain the preconstruction channel dimensions. The project's final phase will permanently impact a total of 157 If of stream. At a 2:1 mitigation ratio, 314 stream mitigation credits are required. A statement of availability for stream credits is attached. Please contact me if you would like to schedule a site visit or have any questions about the project. Sincerely, Natural Resource Consultants �4it—,Q.L.(oLir Jennifer Burdette Sr. Environmental Consultant Attachments 1. Agent Authorization Form 2. Figure 1. USGS 3. Individual Permit/Water Quality Certification—12/3/2015 4. USACE Permit Extension—12/3/2020 5. Phase 1 MRTF — 5/4/2016 6. Updated Impact Maps 7. Upland Data Form 8. Mitigation Statement of Availability Attachment 1 Agent Authorization Form NBtu rat R a$11cm AGENT AUTHORIZATION All Blanks To Be Filled In By The Current Property Owner Project Area PIN(s): 0735397188 Name: Cary Creek Land, LLC - American Asset Corporation Address: 5950 Fairview Rd, Ste 800, Charlotte, NC 28210-3194 `Phone, -7 0 4, Z 9 5. o S *Em�[Iy c�. 0.-�` ✓' � -�' �- �o� Ck..��. u.. S cam. � n rv. Project Name: Alston Town Center Project Number: 21029 Project Manager: Jennifer Burdette US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Field Office 401 & Buffer Permitting Branch 3331 Heritage Trade Drive, Suite 105 512 N. Salisbury Street Wake Forest, NC 27587 Raleigh, NC 27604 Re: Clean Water Act & Riparian Buffer Related Consulting and Permitting To Whom It May Concern: hereby designate and authorize Natural Resource Consultants to act on my behalf as my agent in obtaining verification of wetland delineations and processing of permit applications for the project listed above, I, the undersigned, a duly authorized contract purchaser of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is Valid only for government officials to enter the property when accompanied by Natural Resource Consultants' staff. American Asset Corporation *Prrnfi, Property Qvirner Name Signature VP of Commercial Project Management , *T►tle *D`ate 10212 Greedmoor Road, Raleigh, NC 1915. 422. 3606 Attachment 2 USGS Topographic Quadrangle Map 5' au '"Kit GT L LTA np JECT ARVEA�.�� � C) 0 { S y p � F NI re 0� w 1 LI Legend V - WACKEN4-Rn �s5 N 'is _ Project Area PQ,at1,Q�l �1 NOTES: 1. USGS; 7.5 MINUTE, QUAD, GREEN LEVEL, NORTH CAROLINA; 2019 2. LAT 35.835892, LONG:-78.886006 3. The project area is approximately 49 acres in size. 0 1,000 2,000 FIGURE 1. USGS TOPOGRAPHIC MAP Feet ' ALSTON ACTIVITY CENTER 1 inch = 2,000 feet y- Natural Resourc p RESEARCH TRIANGLE PARK, WAKE COUNTY, NC VERSION: DATE: 1 2/7/2022 Consultants JOB NO: 2020110117 DRAWN BY: Alec C:\Users\NRC\NRC Server\Protects\21029 Alston\GIS\2020110117-Alston-Fiq 1 USGS.mxd, 2/7/2022 10:24:22 AM, Alec Attachment 3 Individual Permit/Water Quality Certification 12/2/2015 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 '�O STATES FF PTtw� December 3, 2015 Regulatory Division11200A Action ID SAW-2006-32942 Mr. Joe Dye American Asset Corporation 7990 Arco Corporate Drive, Suite 109 Raleigh, North Carolina 27617 Dear Mr. Dye; In accordance with your written request of April 16, 2015, and the ensuing administrative record, enclosed are two copies of a permit to place fill material in 908 linear feet of stream and 0.58 acre of wetlands associated with the installation of infrastructure necessary for the construction of Alston Town Center mixed -use conunerciallresidential development. Specifically, the project is located in the southwest corner of the intersection of N.C. Highway 55 - - - and Interstate 540,-in Cary, in -Wake -County, North Carolina. - - You should acknowledge that you accept the terms and conditions of the enclosed permit by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept and agree to comply with all of the terms and conditions of this permit. All pages of both copies of the signed permit with drawings and exhibits should then be returned to this office for final authorization. A self-addressed envelope is enclosed for your convenience. Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $ I0 fee will be charged for permit applications when the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise...", and "A fee of $100 will be charged for permit applications when the planned or ultimate purpose of the project is commercial or industrial in nature and is in support of operations that charge for the production, distribution, or sale of goods or services." As your application fits the second category, you are requested to remit your check for $1 CEO, made payable to the Finance and Accounting Officer, LUSAED, Wilmington. The check should accompany the signed and dated copies of your permit. This correspondence contains a proffered permit for the above described project. If you object to this decision, you may request an administrative appeal under Corps regulations at 33 CFR Park 331. Enclosed you will find allotification of Appeal Process (NAP) fact sheet and _z_ request for appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA form to the District Commander, Wilmington District at the following address: Colonel Kevin P. Landers Department of the Army US AED, Wilmington District Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by February 1, 2016. **It is not necessary to submit an RFA form to the District Office if you do not object to the decision in contained in this correspondence. * * After the permit is authorized in this office, the original copy will be returned to you and the duplicate copy will be permanently retained in this office. Should you have questions, please contact Mr. David L. Shaeffer, Raleigh Regulatory Field Office, at telephone (919) 554-4884, extension 31. Sincerely, Jean B. Gibby Chief, Raleigh Regulatory Field Office Enclosures Copy Furnished (with Special Conditions): Mr. George Buchholz McAdams Company 2905 Meridian Parkway Durham, North Carolina 27713 Ms. Jennifer B€3rdette 401IBuffer Coordinator 401 & Buffer Permitting Unit NCDENR — Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699 DEPARTMENT OF THE ARMY PERMIT par mittee AMERICAN ASSET CORPORATION — ATTN: MIS, JOE DYE Permit No. SAW-2006-3284 Issuing office USAED, WILMINGTON NOTE: ThE tr rn3 "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The Alston Town Center project is a mixed -use commerciallresidential development. Construction of the project would involve the clearing and grading of forested land including wetlands and streams and the construction of commercial and residential structures, roadway networks, greenways, stormwater facilities, and a sewer network. This permit authorizes the placement of fill material in 908 linear feet of stream And 0.58 acre of wetlands necessary for the construction Alston Town Center mixed -use development, Project Location: The Alston Town Center project site is approximately 109 acres in size located in the southwest corner of the intersection of North Carolina highway 35 and Interstate 540, in Csrv, North Carolina. PIN: 0735397193. The project site is within the Flaw River Basin (11­113C: 03030002). The project site is bisected by Nancy Branch which flows to Panther Creek then to Northeast Creek which drains into Jordan Lake, a traditionally navigable water of the ignited States. Jordan Lake flows into the Haw River then into the Cape Fear (diver and into the Atlantic Ocean, Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2020. If you find that you need more time to complete the authorized activity, submit your request fora time extension to finis office for consideration at least one month before the above date is reached. 2. You roust maintain the activity authorized by this permit in ,good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below, Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit ftom this nffjce, which may require restoration of the area. 3. If you discover any previously unknown hiszori{ or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the ]National Register of Historic Places. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (4ppendix A)) 4. If you sell the propeily associated with this permit, you trust obtain the signature of the new owner in the space provided and forward a copy ofthe permit to this office to validate the transfer of this authorization. S. ff a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You. must allow representatives from this vice to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( } Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( X } Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, research and Sanctuaries Act of I972 (33 U.S.C, 1413). 2. Limits of this authorization. a. 'This permil does not obviate the need to obtain other Federal, state, or focal authorizations required by law- b. This permit does riot grant any property rights or exclusive privileges. c, This permil does not authorize any injury to the property or rights of others. d. This permir does not arntirnrize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. in issuing this permit, the Federal Government does not assume any liability for the following: a. Datnages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses ther-eoFas a result ofcurrent or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unperrnitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this perrnit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. S, Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not Iimited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your pen nit application proves to have been false, incomp-1cto, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325-7 or enforcement procedures such as those contained in 33 CFR 326A and 326.5. The referenced en force nient procedures provide for the issuance of an ad in i n i s trat i ve order requiring ,you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures Ordered by this office, and if you Fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition l establishes a time limit for the completion of the activity authorized by this permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Yoar signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. rz 19 •��' (PEXMIT7'EE) ME AN Al- SET CORPORATION (DATE) TN. DYE This permit becor ective when the Federal official, designated to act for the Secretary of the Army, has signers below. (DISTRICT CdMR NDER) MEVIN P. LANDERS, COLONEL (DATE) When the structures or work authorizers by this pen -nit are still in existence at the time the property is transferred, the terms and conditions Of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) — (DATE) *U.S, COVERNMENT PRINTINQ MICE 1996 - 717425 SPECIAL CONDITIONS ACTION ID: SAW-2406-32842 AMERICAN ASSEST CORPORATION ALSTON TOWN CENTER Failure to institute and carry out the details of the following special conditions below (listed as a- s) will result in a directive to cease all ongoing and permitted work within waters of the United States, including wetlands, associated with the permitted project, or such other remedies and/or lines as the U.S. Army Corps of Engineers District Commander or his authorized representatives may seek. a) All work authorized by this permit must be performed in strict compliance with the attached plans dated February 10, 2015, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE) prior to implementation. b) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized Land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. d) The pennittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Written verification shall be provided that the final construction drawings comply with the attached permit drawings prior to any active construction in waters of the United States, including wetlands. Any deviation in the construction design plans will be brought to the attention of the Corps of Engineers, Mr. David L. Shaeffer, Raleigh Regulatory Field Office prior to any active construction in waters or wetlands. e) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality Resources at (919) 733-3300 or (800) 85 8-03 68 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. f) The permittee. shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. g) Unless otherwise authorized by this permit, all fill material placed in waters or SPECIAL CONDITIONS ACTION ID: SAW-2006-32842 AMERICAN ASSEST CORPORATION ALSTON TOWN CENTER wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. h) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. i) The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). j) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. k) The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. 1) All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Raleigh Regulatory Field Office, c/o Mr. David L. Shaeffer, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587, and by telephone at: 919-554-4884 Ext. 31. The Permittee shall reference the following permit number, SAW-200632842, on all submittals. m) Violation of these conditions or violation of Section 404 of the Clean Water Act of Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. n) A representative of the Corps of Engineers will periodically and randomly inspect 2 SPECIAL CONDITIONS ACTION ID: SAW-2006-32842 AMERICAN ASSEST CORPORATION ALSTON TOWN CENTER the work for compliance with these conditions. Deviations from these procedures may result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps. o) In order to compensate for impacts to 765 linear feet of stream and 0.58 acre of wetlands, the permittee shall make payment to the North Carolina Division of Mitigation Services (NCDMS) in the amount determined by the NCDMS, sufficient to perform the restoration of 1,530 linear feet of warm water stream and 1.16 acres of riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030002. The applicant will make phased mitigation payments to the NCDMS as listed in the following table. No work on each respective phase shall begin until a completed Compensatory Mitigation Responsibility Transfer Form for that phases it submitted to the US Army Corps of Engineers, Raleigh Regulatory Field Office. The requirements of each transfer form, including any special conditions listed on the forms, are hereby incorporated as special conditions of this permit authorization. Phase Number Impact Areas Mitigation Required 658 linear feet (If) of stream and 0.58 acre of 1 2, 7, 8, 1, 2, 3, 4 riparian wetland at a 2:1 mitigation ratio 107 If of stream at a 2:1 2 6 mitigation ratio p) The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). q) For construction of culverts, measures will be included in the construction that will promote the safe passage of fish and other aquatic organisms. For all culvert construction activities, the dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts wilt be buried at least one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than 20 percent of the diameter of the culvert. r) All necessary precautions and measures will be implemented so that any activity will not kill, injure, capture, harass, or otherwise harm any protected federally listed 3 SPECIAL CONDITIONS ACTION ID: SAW-2006-32842 AMERICAN ASSEST CORPORATION ALSTON TOWN CENTER species. While accomplishing the authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or threatened species, the District Engineer will be immediately notified to initiate the required Federal coordination. s) The North Carolina Division of Water Resources (DWR) pernuticertification number 4021 was issued for this project on 27 July 2015. Special conditions were issued associated with this water quality permit/certification and a copy of these conditions is attached to this permit. These referenced conditions are hereby incorporated as special conditions of this permit. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Joe Dye, American Asset Corporation Action ID: SAW-2006-32842 Project Name: Alston Town Center (Phase I) County: Wake Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee`s responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt o€ a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic UnIt Code (HUC), multiple forms wilt be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor. The Sponsor must verify that the mitigation rectnirempnts (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: PPrmit+wrl Imnarta RaniiirinP Mitigatinn* 8-diett HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Ripariar Coastal 658 0.58 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. compensatory Mitigation Requirements: 8-digit HUC and Basin: 43D30002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1316 ia6 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. if the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). section to be completed by the Mitigation? Sponsor Statement of Mitigation Liability Acceptance: i, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action I number shown. I also verify that released crecilts (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November, 2015 USAGE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page z Conditions for Transfer of Compensatory Mitigation Credit: ■ Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. ■ Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/1LF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Cam mentsjAdditional Conditions: Co pensator mitig ation will be provided for the above reference prolect through the purchase of the appropriate credits as fisted above from DMS. A letter from DMS dated June 24 2015 confirming that DMS is wil 11 ng and able to accept the a pplicants corn pensator mitigation res ponsibilit was included with the p reconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form. along with an_ updated -bank ledger to: 1) the Permittee, 2j. the_______._ USACE Project Manager at the address below, and 3] the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David Shaeffer USACE Field Office: Raleigh Regulatory Field Office Email: US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 USACE Project Manager Signature December 3 2015 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http:llribits.usace.army.mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http.ZLre ulato r .usacesurve -co ml to complete the survey online. NCDENR NoO Carolina Department of Environment and Natural Resources Pal McCrory Governor July 27, 2015 American Asset Corporation Attn: Mr. Joe Dye 7990 Arco Corporate Drive, Ste 109 Raleigh, NC 27617 Donald R. van der Vaart Secretary DWR # 06-1496 V4 Wake County Subject: Approval of Individual 401 Water Quality Certification Isolated and Other Hon-404 Jurisdictional Wetlands and Waters General Permit with Additional Conditions Alston Town Center Dear Mr. Dye: Attached hereto is a copy of Certification No. 4025 issued to Mr. Joe Dye and American Asset Corporation, dated July 27, 2015. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at fi"pJ1www.ncoah.com( or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition Is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days Following the faxed transmission. drvislon of 'Hater Resources - 401 & 130ar Permilting Unit 1617 Mail Service Center. Raleigh. North Carolina 27699-1617 Location 512 N Satrsbury 5t. Raleigtr North Carolina 27604 Phone. 91"07-63001 FAX 919-807-6492 Internet ►Nww.ncwaterquaNy.org An EquN OpWon,ry r Afrrmalive Acton ErnooR, - Mama rn parr 1 } fKy��rr parer Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 American Asset Corporation DWRtt 06.1496 V4 Individual Certification #4025 Rage 2 of 8 If .sending via delivery service (UPS, Fed Ex, etc). Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to ❑ENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification Shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H ,0500. Please contact me at 919-807-6360 or karen.hIyxins@ncdenr.g v or Jennifer Burdette at 919-807-6364 or .ennifer.burdette@ncdenr,_gov_ if you have any questions or concerns. Sincerely, - N Karen Higgins, Supervisor 401 & Buffer Permitting Unit cc: George Buchholz, John R. McAdams Company, Inc., 2905 Meridian Parkway, Durham, NC 27713 USACE Raleigh Regulatory Field Office DWR RRO 401 file DWR 401 & Buffer Permitting Unit file Filename: 061496V4AlstonTownCenteriWake)_401_ IC.docx American Asset Corporation DWR# 06-1496 V4 Individual Certification #4025 Page 3 of 8 NORTH CAROLINA 403. WATER QUALITY CERTIFICATION CERTIFICATION #4025 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .0500 and 15A NCAC 02H .1300, to Mr. Joe Dye and American Asset Corporation, who have author':ration for the impacts listed below, as described within your appiication received by the N.C. Division of Water Resources (Division) on April 16, 2015 and subsequent information on July 8, 2015, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on May 1, 2015. the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The fallowing impacts are hereby approved provided that all of the conditions of this Certification are met. Impacts in this permit shall be cumulative with 28 linear feet of stream and 0.06 acre of jurisdictional wetland impact completed under General Certification # 3890 issued on July 17, 2014. No other impacts are approved, including incidental impacts. 115A NCAC 028 .0506(b)(c)] 'type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands 0.58 (acres) 0 (acres) isolated Wetlands 0,16 (acres) 0 (acres) Streams—~- 827 (linear feet) 81 (linear feet) 2. Compensatory Mitigation Mitigation most be provided for the proposed stream impacts as well as stream impacts completed under a previous General Certification as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur, For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H 0506 (b)&(c)(6)]: Compensatory Mitigation Required Stream 1 855 (feet) Arnerican Asset Corporation DWR## 06-1496 v4 Individual Certification 44025 Page 4 of 8 River & Sub - basin Number Cape Fear 03030002 3. Stormwater Management Plan You are required to provide one copy of the approved SMP, including plan details on full- sized plan sheets, with proof of Town of Cary's approval, The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After It Is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the Town of Cary. tf the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification for this project. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 115A NCAC 02H .0501 and .0502] 5. Sediment and Erosion Control Erosion and sediment control practices must be In full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices. if applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and Stormwater routing and treatment shall be an site at all times. American Asset Corporation DWR# 06-1496 V4 Individual Certification #4025 Page 5 of 8 6. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and land Resources (DEMIR) or focally delegated program has released the specific area within the project. J15A NCAC 02H .0501 and .05021 Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: http.,Ziportal.ncdenr.org/web/wqlws/sulnpdessw#tab-w. 15A NCAC 02H .0506(b)(5) and (c)(5)] 8. Work in the_DL Al work in or adjacent to stream waters shall be conducted so that. the flowing stream does not corne in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DDT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water_ [15A NCAC 02H .0506(b)(3) and (c)(3)) 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete small not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200] 10. Placement of Culverts and Other Structures in Waters and Wetlands 115A NCAC 02H .0506[b)(2) and (c)(2)1 Culverts required for this project shall be installed in such a manner that the original Stream profiles are not altered and to allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must be maintained above and below locations of each culvert. American Asset Corporation OWR## 06-1496 V4 Individuat Certification ##4025 Page 6 ❑t 8 Placement of culverts and other structures in waters, streams must be below the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. 11. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] 12. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. 115A NCAC 02H .0506(b)(2) and (c)(2)l 13. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 14, Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the strearnbed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 15. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. [15A NCAC 026 ,0231] American Asset Corporation DWR# e6-1496 V4 Individual Certification #4025 Page 7 of 8 16. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 17. Continuing Compliance Mr. Joe Dye and American Asset Corporation shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. (15A NCAC 02B .C2001 If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Joe Dye and American Asset Corporation and the LI,S. Army Carps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Joe Dye and American Asset Corpora#ion in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 18. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the ❑ivision and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] 19. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting knit within ten days of project completion [available at: http.//portaI.ncdenr.orgwe6� sw ws 401 certsand ermits a I forms). [15A NCAC 02H .0502(f)] 20. This certification grants permission to the director, an authorized representative of the Director, or D E N R staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for- the life of the project, regardless of the expiration date of this Certification. 115A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0505] American Asset Corporation DWR# 06-1496 VA Individual Certification #4025 Page 8 of 8 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 27th day of July 2015 Karen Higgins, Supervisor 401 & Buffer Permitting unit KAH/jab L,10V R ', '. 4 `5 f b LEGEND !� • a. - � PROJECT AREA ' FEMA FLOOD HAZARD ZONES �s„� _ .y 7 11♦ ZONE A£ - 1 PCTANNUAL C+thNCF FLUCD HAZARD 7 4 ZQNE A- 1 PC ANNUAL CFuaNCE FLOQO }IALAftD i t PCT FUTURE CON DiTl6NS . ���, • : � 0.2 rc,rANNUAL CHANCE FLOOD HAzr+uv j �y .a rran t )N [ ! .r .7 , LONG: -7 .8 86663 W N ALSTON TOWNE CENTER INDIVIDUAL PERMIT APPLICATION FIGURE 4. FLOODPLAIN EXHIBIT 760 1,500 3,000 PROJECT #: AAG-13024 4 inoh = 1.500 feet Feet CARY, NORTH CAROLINA M c - DR M S crao�a.p+ap •8�su�.4bB11�r~Y13��1� Ylyi itRY�������J i�'�L-�© 'Ei�'Y �M'uarawa� ■ . ■ HaLK23 Nii OJL NOI i Y OLO£1--�tlV.o,�„mmee �eruwn�wwvvi: F"W 1 68V i; m ok p dV:YM ^dA6 7?Y-I SVf35iXd I� I �Y a w 4 25 Oh Na 3 Ij K ti. W k y g s � yN o� O� S 6Y�[diIF/�ylj 9s-01-M 'ITOTHav HIM- SNO UiQNOD DKUlSDM `ZT M3 old �fu ri i HaLN30 NLAALOX NOJSW 0- �7vIiflCx y�[ vmnoZid"oHMOIJ'�i7 S-aI-ZC sam luen-m JDKISVHd Silt 0111 �T�q T �►Tr ZAMZd VCI(II ajn►uT� T ` Q�'7J�li ZD N1I OI A► CU ozoF�-�dy Mrxf� RLRF!-AbY. � oY Y J[oN.] hig ah LIE-. SW V[�q'a(il[ vNriot a tea. 'lVn(MM(I I Li Fri, I HaJ. aO NIL AOI 11IO.LS'�d onavai ai iuwr axe u sue+®ua VNTrIONVD BRIa'MWa slat-= IvauvJOYdm -IILSSMI a� IT alm2dlwacamGm _.__ Fri H�so MmaL NO� _�� ��__�� _ �_ ■ JURISDICTIONAL WETLAND FEATURE W2 IMPACT 2,253 SF (0.05 AC) VA, ' ihE1 TERIv11rxE1VT JURISDJCTIONAL STREAM FEATURE S5 IMPACT 112 LF i I f j � ! ' X j z 1 PACT AREA 2: DERMA#ENT STREAM IMPACT (CULVERT): 117 LF TEMPORARY JURISDicT)ONAL STREAM IMPACT: 9 LF TOTAL STREAM IMPACTS = 121 LF WETLAND IMPACTi 2,253 SF (0.05 AC) ZONE 2 TOC *r�rirEl�r�rwr►r�r►r, e LEGEND. EXISTING JURISOICTIpNAL STREAM FEATURES EXISTING JURISDICTIONAL WETLAND fEAIURES ug P.RQ]FXT X0. ARC--13020 i.n..+ AT TON TOWN CENTER Ujj 'nTs JOHN>fl....,.n.,0 .VENAKE: AAC1302C-IE-01 INSET 2 — IMPACT AREA 2 comm"'INC. I'&Fk SCItI,t:: 1- a 50, PLAN VIEW :h��rw d ne mm-. c- in.00 44 .e Nn : c DR[9 02-10-15 CARY. NORTH+CAROLiNA MCADAMs �ys+�•�� ZONE 2 RMPACT AREA 3: BONE �UIB PERMANEId T SWAM WACT (CULVERT): a LF WETLAND IMPACT; 2.505 SF (D.D6 AC) ®rifflZaram� ,.Y�rir LEGEND: EXISTING .11JfiIMCIR)NAI- STREAM FEATURES EXISTING JURISDfCTIONAl. WETLAND FEATURES %• ,o- cfs AA4; C-13C2A Atsson Town Carl)®r - whose r ¢na rn04y�UUol re+rnir r.xmo+ra uurrcnr --pp - - --- I no,tfn H�. qAC-, 3IE20 N TOMW CENTER INSET 3 - IMPACT AREA 3 VIEW CARY, NORM CAROUNA � �J IL►rl.,A>, A'lr=. 13 DIX=SCAM". ehtalrd4 lQv: rCi'-xoPLAN 7� aWl7a3-WAa•nwUrmsaMwu9Ry7a MCADAMSa J/ to , qnc:3020-iE-01 1=5C1 p_— FUTURE. - SANITARY SEWER AERIAL CROSSING PROPOSED NANCY BRANCH PERENNIAL JUIRISOICTIONAL STREAM FEATURE S2 IMPACT (SCE INSET 8, IMPACT AREA 8) IMPACT AREA 4: PERMANENT STREAM IMPACT (CULVEAT)z 0 LF (SEE INSET 8, IMPACT AREA 8) WETLAND IMPACT, 5.033 SF (0.12 AC} TONE I tOC UT8 IMPACT ZAoV ,ff 0 Sf7 (0 AQ Ar 5►AYJ /�J7 F I ne 1F 2 UTB EXISTING NANCY BRANCH PERENNIA- JURISDICTIONAt STREAM FEATURE S2 "STINC JURISDICTIONAL STREAM FEATURES i £X#STING A)RISDICTIONAL WETLAND FEATURES 1L-%Proicct5\AAC\AAC••73020 A19tan 1, Center - Phf19E 1\Lan4g1^dlvidvdl Parmil Ert1%hil!Wvrrenl urGwsngs�•inL»v�v-� 11� pgujrS-'F nu. AAC-13020 e f STON TOWN CENTER ER "LENANY.: AAC13420^3E-01 INSET 4 - IMPACT AREA 4 1"=50' FLAN VIEW DATE: 02-10-15 1 CARY. NORTH CAROLINA IEraio�ls-OI.cIw + Ii 2D15 12:30:17 Flu, bucl4loiz. Getlrp 14 wjTMJ()MRVICAL)A VAIPANY. WC. 9905 hfv1dimi i%uk, yY ETattlam. Nrvill CNd1ne 2771:3 Lkalec No.: C-0]4:l NICADAMS `g°°I �"-tee a 6sWLtivsCa.cam IMPACT AREA 5: PERMANENT STREAM IMPACT (CULVERT): ❑ LF ISOLATE❑ WETLAND IMPACT. 7.124 SF (016 AC) ZONE 1 TOC UT13 IMPACT: 0 SF (0 AC) ZONE 2 TOC U TB IMPACT: 0 SF (0 AC) ZONE 3 TOC UTB IMPACT, ❑ SF (0 AC) ...�nni o1 AAt'\AAf-IVD(l Ai Akan Town Conlee - phase V EXISTING JURISDICTIONAL STREAM FEATURES EXISTING JURISDICTIONAL WETLAND FEATURES Guorge P Na. N TOVM CEI r=R �J North L AAC-1302❑ m. 9'F{E JO}ii'T R MrAUAMS AAC13oza—i —as INSET 5 — IMPACT AREA 5 "��� �❑ � ]'{ R9p7 NILxIJIwI ;'�Ikway 9f:RLF_• 1 ^ � 10� i']T■�%� N V .�Ti W i. �1 [h�rlwtimm a No.C•O263Carofta �719 Ci w RYY,� NORTH TH VIEW IN MCADAMS �71 739•dfiSB •blcRde�pCa.tau Vl GAT6: 02-10- T C LliL L Lll� 7 . _ _ 0 VNnC UVO HMON 'ANVO 9 v3w JDvdm - $ a2sm /.}LILI^R■■T.3A3T!'`IA��(iA.acam� NVA0 1 ■■yy►��y��■■ N�M ��./T + ❑��e l—��V '1Xrkl�il GN 1]Aroks 5[-01-EO P OEO£l-�'de ,trnanu � 6EP£ STniif�y�y1( vmno2ivDRMON'AH 7 9i-nt-m re•vrw�m� $ �d 1OVdIXI - S JaS vc�a:ex n .OS-•t Mrz ri �wv m�e �+a+•n .�.r��a �t�*nautcuu� o�act-oatr Fr HaLMHO 11 MOI NOJSW czogl-��e.o a � tv� I Attachment 4 USACE Permit Extension 12/3/2020 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: December 3, 2020 Regulatory Division Subject: Action ID No. SAW-2006-32842, Project Alston Town Center, Wake County, North Carolina. Paul Herndon American Asset Corporation 5950 Fairview Road, suite 800 Charlotte, North Carolina 28210 Dear Mr. Herndon: I am responding to your request dated June 17, 2020 for an extension of time modification to the existing Department of the Army (DA) permit issued for the above referenced project on December 3, 2015. I have determined that the proposed project modification described above is not contrary to the public interest and therefore, the DA permit expiration date is hereby modified. The permit modification is as follows: GENERAL CONDITION #1 The time limit for completing the work authorized ends on December 31, 2025. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. Please note that all terms and conditions of your Department of the Army permit dated December 3, 2015 shall remain in effect. Should you have any questions, please contact James Lastinger, Raleigh Field Office, Regulatory Division, at telephone 919-554-4884 ext 32. Sincerely, Benjamin A. Bennett Colonel, U.S. Army District Commander Copies Furnished: McAdams Company Attn: Jennifer Burdette 2905 Meridian Parkway Durham, NC 27713 NC Division of Water Resources 401 & Buffer Permitting Branch Attn: Paul Wojoski 512 N. Salisbury Street Archdale Bldg. 9 h Floor Raleigh, NC 27604 Attachment 5 Phase 1 MRTF 5/4/2016 U.S. ARMY CORPS OF ENGINEERS Wilmington District Comensatory Mitigaticip Responsibility Transfer Farm Permlttee: ,Joe [lye, American Asset Corporation Project Name: Alston Town Center (Phase 1) Action ID.- SAW-2006-32842 County: Wake Instructions to Perrnittee: The Permittee must provide a copy of this form io the Mitigation Sponsor, elthEr an approved Mitigation Bank or the North Carolina {division of iviitigation 5ervices (NCOMS), who will i.hen sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USAGE) Project Manager identifled on page: two is in receipt of a signed copy of this form before conducting authorized irnpacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the perm it, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code {HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or I LIC must be provided to the appropriate mitigation Sponsors. Ihstructic 11S to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the Identified site, By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. ❑nce the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Pefrsniilee, the USACE Project mar►ager, and the wilmington District Mitigation office (see contact information on page 2). The Sponsor must xllsucurrlply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements; Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) -- Warin Coos C4id ] Riparian Riverine Riparian Non-Riverine Non• -Riparian Coastal *If more than one mitigation sponsor wilt:sed fvr the permit, only include impacts to he mitigated by this sponsor. Comaensatory Mitigation Requirements; a -digit HIIICand Basin: C3030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation ic_reditsj _ Warm Cool _7765-aWi Riparian Riverine Riparian Non-Riverine] Non-Riparlan Coastal l 1316 1.16 Mitigation Site debited: NCOMS (List the name of the bank to ha debited. Fnr umbrella hanks, also list the specific site. For NCDMS, list NCDMS, if the NCDMS acceptance letter Identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that i anti authorized to approve navigation transactions for the Mitigation Sponsor shown below, and 1 certify that the Sponsor agrer:s to accept full responsibility for prov6ng the mitigation identified in this document (see the table above), associated with the U5ACL Per mittee and Act -son ID number shown. i also verify that released credits (and/or advance credits for NCOMS), as approved by the USAGE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACF Wilmington District Engineer may pursue measures against cite Sponsor to ensure compliance associated with the rnit4ation requirements. Mitigation Sponsor Name:- ---I\iC- D r , v S Name of 5p s is Authorize Re resentative:_ 261 Lv Signal a of 'pon r Atr s t;oriaed Representative - Dat�ignature - — Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District r. Compensatory Mitigation Responsibility Transfer Farm, Page 2 conditions for Transfer o` Cornpensatory MitigatiOn Credit: • Once this o c�i+rRnt refs !:�R r s+g°,`'" =v tr'e TYVtiga.tion Sponsor and tF}e iJSACE is ITA Eec--C.lnt of the srgrTed #uric, :E�e C 15!�:i'_' •`t.•" }?Ti]'iE Slf� t Lhe rrklgat.orp i;je?t ?=}fE fil f?l5 fJ1117: 4�iS7G 11 T�ii i f € of r:'If �ilV$ r� S OTyk alE iJk' clfi'i Qt�l[' li:it c 1Qi3 CaGiLi3Tr it EiitS Stu:E'Cf it the -r!"! A, ar drr:.r! y r u r� ;,rc-as authorized �,- t .5 p�:rri!t ident'i:x°d er as P �^e �f t�,s'ar,; ar oefi±: only ffi CecTs:ruc�i_ r, cr;.11i 7 j "!s�;cti ' r.T "he S m"scr has after Cis USACE is n •ipt of a cor}y of r"i's d'o:umant signed br :he S�;rSnr; Cr=f` =ung t 1� } r providing ti;E rYl'. i i,ti0 i rC U-Terr!ent5 i{}�e�, n^rCir, �GT utVCv:Rr'��� i"n dvt5'Crtd! C:t:d 1' ; :-'e 1 pd Yesponsibi ity for t}?!Y ";,-:I S�IC:>Oiio{ r]rpd5 Ti1dV i�TJ� `:ed upon i:crLti Caro"na DeparLr W.1t lad fraEiyu lira°'Y j Lt7GTr; Cafl5iit1Ctl0 i'.t', i55G2^rei ifarTevt r a cagy of i'.his €orin signed by the Spansar 1rusk ce ptovic'ed to the _'Sr1-E Wi;hin 30 days of Per, l? issuti� 'Q r�,cD01 rarralr f--,iY re:PO1 ,s ' ram{ti It!t tl�r l:l,ti? �r1E USIyti i12slr3Ci' tit {i Crll5iCrd�r! Wf]!lf 1 7 T�,' ti Tuw'ci-!1G�T:S iEStefl I?CrE^±+'1• taut iii� Sk'+,.G3laaT ilas CGE'"i$e� fa5p�r'-S= ''t;iy iii- FiT4rlu'Y1- Yi7e Yi!ft. lOn c. ce iL'�i[i n.iC'l S�:C3r'.�L`rt s'lri'a !l'• the USACE n Signao codes 0 this docLLmrnt mast be retairloC b'i h.. per e, g ' siL1n11n45kratltlt? YPkL'ru5 for both tiTr rer�;r air! Che $anr.j'aF !astir nE �i, it is the peirt !tt['Era rt'S IC=?.5!bl lty tC CiiSUr� tilcit �7'c` l� ;:C !�rf]�eLt €�'ic 7iTE r {ads L Sa �eiwL`1j ?s` MFC'Jid+ i] sigrac C:+�7y of:h°5 fer'"-1 ara i k a If Cblu' are praica= t i7 ei;r type. iiTili]J 1 , Cr lt�Gat;on of n,itig3tlar, Wf:e:` thls `l0 !il hd5 i cE 1 G; , �. ter :j ; �--tTriL'i� to the EfSAC , die 5�7:i`SC` ?Gist OLJ!nfil CciS�^Py Cc�S aj'{7TCVal from the LJSi:C" Fro'i'ecL Plenag.o.r andlir Nor"'! C.JiD{snaa 1 +[fir a+?t�iy tiL'i'1L'yV Z e im; �NC'RT'), if Z.ppf3,,i`d, Ngh -r rr;Ti9dt!0f1 rr'lriC5 ST�iy be cyiT `ez c!S STf=1 G!s: ff'•r1: District v '. tea ^0 1n-!u dL,d d" th,n US ACE aClmt n StrzIr4n r C trY]! C.: far AL guid.;z ce and a t�G ' Ver'sio;r �f khi5 farm rraAst he 0M-ii u the oerrni L aad the 93un"i±Mer,t. iG2•"i5ct"f 1fv!„� 4r31fliil17[' rr Ji�tiCi vrt Fwcy6's70`Jf?!r.ffT( c }'}r4fL�C-t�li't?U Co:nments/Additional Carrditiorls:, ........_._ .. - - ff E i5 ').v.S dated rl!nE �� 1-ry. 5 CC19f.."TYini" t�131;�]M5 trC;t7,5E Ct t"`i' 2i 1�[)3 _a.b W `Ci S 7_!;,kS? il, a 7oX( ir(Im f_�+S, A i'A t9 {, [ . i5 ij`;7c r � _)e ?] ' t£1 aCGL Z_1.i;1 ,„ t?Q_ICe1fLi5,_>b0 ,�3P,115i3tOF r"'!I' q iq5 onsibi? Ot W+PS IiIC!iil�.�� '�iy,}3 �rr Y3�ct�u?'I,LYLlCt4Dr, 11 C}f 1_#I Coil � it _ Once This foram is 11nt Vilid untE?ss belaw by the USACE Project iVidr:ager and by the N!itigatinn Sponsor on Pave y signers, the spotisvrsltotrfd provide copies of this Dorm 0 10 119 with on urdoted bank ledger' W: I tVe P12rmittev, ;?f the USACE Project Manager p# the address befaw, pad s the Wifrningt'on Djstr'ict rAr''tigatiar Office elt. Attn: Todd Tugiv I1�5 Fa!is of id2use Road, lol;e rorestr !"fC 27587 (errir�il:.add.tugutef;�usr�ce.arrriy.. Ciucstians regardi:lg :h'is forrrr or any of the. Perm, 1" eopdit`•Cns r, ;'� oo directed to the USACE Project idlanaagie.r b0ow. USAGE Project Manager: David Shaeffer USAGE Field Office: ai i';r; R ulat'o; FEE. L!s Ar; ry :.rrP x oe Erg'':",eer5 n ' 3?, 11 jtti'ta�& Tr adiI , Drive' 5"J! c 1V3 Wale �ol'est, North Ca,o!ola 27597 NO Finai1: ------� Date of Signature USACE Project Manager Signature Current 'fiJii.=; rat 3i;-'i ;tl aticn g idanti e, inclridirsg information t Oct Instigation ratios, (uncticrrfal ssc�ssmer►ts, aYld instigation to-• - 'ocat'on Vinci 5, !ah9!i:;, and credit Elassificaticm iclttt+tau ,t! eairt tem#��=.r�turt and Wetland t�:c�pir f;sr is available at f g62L!,�r;ijiTs.�r7'ce-ar Page Z of vVFlmin�lojo iJisiric� V5 e9mu?![tell to prpv shltg ins VI; k=Csi lives of svppatt to ttii� puHlIVc. Tu i�t!!F VS ek�sure we tt)sltiml tc du sc. PI 0- [t rP)PI 6 t+ke r mr. S�,isfartion 5rrrey locatr d as a:'.rksk.0 3: t tla.;AJre[;i�1�tQrx:uSa&eSu:.�ey �q"^r.:c Caw{n1.e[*:the survey �nlsne. u 1�,L. Attachment 6 Updated Impact Maps .+�.+o�aww.ePesssc mel sl _ aavawn'a �rmu. 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AAC-13020 A 0:51ly Iuwfyutfy,1 hJK ' nark Y7ElGIAw1 �AAC13020-IE-01 Tj moeruE o►", w- SCALE: w—.F10' PLAN VIEW 2W6mW vurbam. 17�nPa27 Nath C`�[n3lbR� 2771a ra 1 REVISED: 11/23/20211 CARY, NORM CAROUNA MCADAMS fxei� ■ DATE: 02-10-15 _ LVtiNL IMPACT AREA 3: z0t4v- A UT8 PERMANENT STREAM IMPACT (CULVERT): 0 LF WETLAND IMPACT. 2,505■ ■. ZONE 2 TOC / 0 AQ iV►TApTAq►ATAVAW, JURISDICTIONAL WETLAND FEATURE W3 IMPACT 2,505 SF (0.06 AC) 1 EXISTING JURISDICTIONAL STREAM FEATURES EXISTING JURISDICTIONAL WETLAND FEATURES L PRQ]6Ci' ti0- AAC-13020 N TOWN CE=R � FlIS:Aalk AAC13020-IE-01 INSET 3 - IMPACT AREA 3 'tffi.Riliii R ltdUM�L'3 ooba'A rf. W- SCALE: 1 u_ �0, 1�L i1 p VIEW 17�n PabR 27 v Nath C`* 2771a ra REVISED: 11 /23/2021 CARY/ NORM CAROUNA MCADAMS C4X �xai� � DATE: 02-10-15 L PROJECT N❑- AAC-13020 ALSTON TOWN CENTER Ft,,NA, INSET 4 IMPACT AREA 4 AAC13020-IE-01 - PIAN VIEW SCALE: 1 "-.FSO' (p DATE: 02-10-15 REVISED: 11/23/2021 CARY, NORM CARCUTA 1 � ► r f f► f f r ! � I ISOLATED WETLAND FEATURE ISO-1 IMPACT 4,942 SF (0.11 AC) I ISOLATED WETLAND FEATURE ISO-2 IMPACT 2,182�SSFFF (0.05 AC) �} MF'AU I AKLA 5: PERMANENT STREAM IMPACT (CULVERT): 0 LF ISOLATED WETLAND IMPACT. 7,124 SF (0.15 AC) LEGEND: EXISTING JURISDICTIONAL ZONE 1 TOC UTB IMPACT: STREAM FEATURES D SF (D AC) ZONE 2 TOC UTB IMPACT: EXISTING JURISDICTIONAL Q SF (Q AC) WETLAND FEATURES ZONE 3 TOC UTB IMPACT: ❑ SF (O AC) `` PROJECT �Q- AAC-13020 N 'TOWN CENTER ' FtLv�ANt: AAC130Z0—IE-01 INSET i.J 11Y1i1 Lz.►1 ARE Tj �•TO)�iR ltdlDMr1� °0��� n�c. SCALE: 1 ��� FJO� PLAN VIEW 2W6MffkhmnFWkmW v� Nath C`WQEM area 6 ra REVISED: 11/23/20211 CARY, NORM CAROUNA MCADAMS mm"' � DATE: 02-10-15 Lzoz/cz/<< :CPS H sL—oi—zo ��ea ,ne=.ts ozm—ovv. g�vMu ozor�—ovv.„ „ 1 VNnOUVO R 2ION 'AHVJ S4-OL-zo 9 V21HV J.DVd l - 9 JZSNI ,LIIgdadA'lVfIQITAICINTII Vr� T A7 �v-�� oao��-ovv ■, ■ Q.�.J mso 1�Lmol l�IV.J..7 1 V oaoc�-�dv.ory �a�a �a:mNry i!ww •nd zz�so �z zzoz z z • •c�n!-aco-•uioiwzoz : �Mo�a i�yro s�+"osae !o,��o �on��w+a-eo uwuozo ary •� o �ry rnusAw mv- AAC— 13020 FFi.s AMA AAC-13020 acetic: I' m 4O' °"TE' 02-11-15 84 " UPSTREAM 330 330 10 + 00 CULVERT 3 PROPOSED GRAD 3OPOSED GRADE (2) 84 EXISTING dG GRADE STREAM INV.-.'I BURIED INV,=31, :AM INV.-313.00 ED INV.=312.00 RIP RAP DISSIPATOR PAD TO BE INSTALLED 10+50 FLASH WITH EXISTING GRADE DOWNSTREAM 330 330 10+00 10+50 ------------ nra CIf AAC AAC-f3020 AListon Tawn I and Ind--j" Pwm.t EQWQ. %f1%fdV1a Pd;4 4 lEcT NS PR r;okm l AAC I0020 20 N TOWN CENTER �J � m ft. "Mmmul IC7 �,i1-�HAH6i AAC-fJ420 INSET 7 - IMPACT' AREA 7 �"L"IPM% WW woum MIS NMI: 1 "n 40' CROSS SECTIONS ""''"„� Q2-- i 1—, 5 cam, NORM CAROUNA McADAMs low � j ?l t"T "' AAC--13020 MzHame: AAC-13020 8CA1.E: 1 " c 40' QAT&: 02--11-15 340 340 1 01-00 CULVERT I PROPOSED GRADE 'CP 72" 1 EXISTIN GRADE STREAM INV. -322.00 BURIED INV.=321.00 'AM INV.-324.00 E0 INV.=323.0❑ RIP RAP DISSIPATOR PAD TO DE INSTALLED 10 + 50 r e,USH YViTH ExISTiNG GRADE DOWNSTREAM 340 340 10+00 10+50 IVOAII. gA1ACAAC-lSQ710 Alston Tartu Canler - Pnaen 1 Lwd 1ndlviduN Parmil EwnitiRv Curren, Ora.;n AArcma.-C3a.drr . a to 015 12-51:38Pal, &Chhox. Caw a —13020 ALSTON TOWN CENTER-13f12{1INSET S - IMPACT AREA 8 + • CROSS SECTIONS m-? ` "'' •" t3cowe Ha: C-07AS U2 —1 I — 15 CAW. NORTH CAROUNA MCADAMS �p0' ��s aew •> s. VWM= r nu. 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W o Ld a Attachment 7 Upland Data Form U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Alston Activity Center City/County: CaryM/ake Sampling Date: 6/8/2020 Applicant/Owner: Cary Creek Land LLC State: NC Sampling Point: DP1 - Up Investigator(s): Jennifer Burdette (NRC) Section, Township, Range: N/A Landform (hillside, terrace, etc.): draw Local relief (concave, convex, none): concave Slope (%): 0-2 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.835613 Long:-78.889350 Datum: NAD83 Soil Map Unit Name: ChA - Chewacla and Wehadkee soils, 0-2 percent slopes, frequently flooded NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) _Inundation Visible on Aerial Imagery (137) _ShallowAquitard (D3) —Water-Stained Leaves (139) _Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1 - Up Tree Stratum (Plot size: 30' ) 1. Pinus taeda 2. Acer rubrum 3. Liquidambar styraciflua 4. 5. 6. 7. 50% of total cover: 23 Sapling/Shrub Stratum (Plot size: 15, ) 1. Diospyros virginiana 2. Baccharis halimifolia 3. Pinus taeda 4. 5. 6. 7. 8. 9. Absolute Dominant Indicator % Cover Species? Status 30 Yes FAC 10 Yes FAC 5 No FAC 45 =Total Cover 20% of total cover: 9 2 No FAC 30 Yes FACW 5 No FAC 37 =Total Cover 50% of total cover: 19 20% of total cover: 8 Herb Stratum (Plot size: 5' ) 1. Microstegium vimineum 60 Yes FAC 2. Rubus allegheniensis 3 No FACU 3. Lespedeza angustifolia 5 No FAC 4. Lonicera japonica 5 No FACU 5. 6. 7. 8. 9. 10. is 50% of total cover: 37 Woody Vine Stratum (Plot size: 15, ) 1. 2. 3. 4. 5. 73 =Total Cover 20% of total cover: 15 =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 4 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 30 x 2 = 60 FAC species 117 x 3 = 351 FACU species 8 x 4 = 32 UPL species 0 x 5 = 0 Column Totals: 155 (A) 443 (B) Prevalence Index = B/A = 2.86 Hydrophytic Vegetation Indicators: _ 1 -Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% _3 - Prevalence Index is :53.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP1 - Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-2 7.5YR 3/3 Loamy/Clayey Loam 2-16 7.5YR 4/4 95 5YR 4/6 5 C M Loamy/Clayey Distinct redox concentrations 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) _Sandy Mucky Mineral (S1) —Sandy Gleyed Matrix (S4) —Sandy Redox (S5) _Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: RM=Reduced Matrix, MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) —Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) _Red Parent Material (F21) (outside MLRA 127, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 Attachment 8 Mitigation State of Availability fires Environmental Banc & Exchange, LLC Stream and Stream Banks Statement of Availability January 31, 2022 U.S. Army Corps of Engineers James Lastinger Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Alston Town Center This document confirms that the Cary Creek Land, LLC c/o American Asset Corporation (Applicant) for the Alston Town Center (Project) has expressed an interest to utilize 314.00 Stream Mitigation Credits from the EBX sponsored RES Cape Fear 02 Umbrella Mitigation Bank, specifically 314.00 Stream credits from the Cloud & Banner Site and the Dairyland Site, in the Cape Fear HUC 03030002. As the official Bank Sponsor, Environmental Banc & Exchange, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 854-900-3222 or dlach@res.us if you have any questions. Best Regards, VCT, David Lach Resource Environmental Solutions, LLC 701 E. Bay Street, Suite 306 Charleston, SC 29403