Loading...
HomeMy WebLinkAbout20140376 Ver 1_401 Application_20140414WITHERS &— RAVENEL ENGINEERS I PLANNERS I SURVEYORS 1410 COMMONWEALTH DRIVE, SUITE 1o1 WILMINGTON, NORTH CAROLINA, 28403 (910) 256-9277 FAX (910) 256 -2584 TO: NC Division of Water Resources 512 N. Salisbury Street; 9`h Floor Raleigh, NC 27604 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter LETTER ER Oo F TRQNSMMAL DATE 4/9/14 JOB NO 0211016 .00 ATTENTION Ms. Karen Higgins PHONE# 919-807-6363 RE James Street Station — Apex, Wake Count IP/ 01 WQC Request Submittal 021lo16 .00 IP/ o1 WQC PCN 1 /10 /1 0211o16 .00 ® Attached ❑ Under separate cover via ❑ Prints ❑ Plans ❑ Samples ❑ Change order ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 5 4/9 14 021lo16 .00 IP/ o1 WQC PCN 1 /10 /1 0211o16 .00 $240 Check for Application Fee 1 419114 0211o16 .00 CD of Application THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints REMARKS: COPY TO: File SIGNED: Troy Beasley if enclosures are not as noted kindly notify us at once. WITHERS RAVENEL April Stn, 2014 US Army Corps of Engineers Regulatory Field Office Mr. James Lastinger 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 ENGINEERS I PLANNERS I SURVEYORS NC- Division of Water Resources 401 & Buffer Permitting Unit Ms. Karen Higgins 1650 Mail Service Center Raleigh, North Carolina 27699 Re: James Street Station Subdivision — Apex, Wake County Individual Permit PCN Submittal Corps AID: SAW -2012 -01386 W &R Project #02110169.00 Dear Mr. Lastinger and Ms. Higgins, On behalf of Standard Pacific Homes of the Carolinas, LLC, we are requesting and Individual Permit for o.636 acres of permanent impacts to jurisdictional wetlands for construction of the James Street Station subdivision project. We are also requesting a 401 WQC from NCDWR for the above referenced impacts. The project is ±32.91 acres in size and is located at loo James Street Extension in Apex, Wake County (Latitude: 35.719972 °N; Longitude: - 78.86o986 °W). The project is located in the Cape Fear River basin (03030004) and the site drains to Big Branch. The Water Quality Classification for Big Branch is: C and the Stream Index Number is: 18- 7 -6 -1. Existing Site Conditions The site currently consists primarily of undeveloped woodlands and contains one abandoned residential dwelling. ProDosed Proiect The purpose of the proposed project is to meet the growing demand for residential housing in the Apex area. The proposed project consists of the construction of a 60 lot subdivision and associated infrastructure (i.e. roads, utilities, stormwater management, etc.) The project also involves the construction of extension of James Street within the project, as well as improvements to James Street from the eastern project boundary to Tingen Road are required by the Town of Apex to address existing traffic issues. The primary traffic issue is the congestion on James Street which is created by the morning drop -off and afternoon pick -up of students at Apex Elementary School. The school is quite old and developed without the modern standards for queuing length to keep drop off and pick up traffic from overflowing onto the adjoining roadways. With James Street, a collector roadway on the Town of Apex's thoroughfare plan, being connected to the Salem Village subdivision, a traffic solution needed to be provided. That solution was to provide a dedicated queuing /storage lane along James Street and into the school. However the traffic most typically will be entering from the wrong direction to accommodate this new queue. Therefore a traffic circle is proposed to allow the 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 www.withersravenet.com I License No. C -0832 James St. Station Subdivision — IP PCN 04/08/14 incoming traffic to flow directly into the queuing /storage lane. This seems to only viable approach to creating a long term solution to relieve traffic congestion because of the school without significantly impacting the adjoining school function. The traffic circle will also act as a traffic calming device to reduce vehicle speeds prior to entering the school zone. The proposed site plan shows road stubs to the western project boundary for Padstone Drive, Wragby Lane and James Street, which is a Town of Apex requirement for interconnectivity to reduce traffic on main thoroughfares. These road stubs will connect to roads that will be constructed as part of Phase 2C of the Salem Village subdivision which has been approved by the Town of Apex is currently being permitted. Please note that any stream impacts required for connection of Padstone Drive within Phase 2C of Salem Village is being permitted as part of the Salem Village Phase 2C project since the road connections were determined by the design of Salem Village Phase 2C and not James Street Station. Therefore, there are no stream or wetland impacts associated with the James Street Station project for connection of Padstone Drive, Wragby Lane or James Street. Project History The Corps of Engineers issued a Jurisdictional Determination for the project site on October 30, 2013. A copy of the JD has been provided as an Appendix. The property was originally approved for 105 lots. However, the Town of Apex identified issues /concerns regarding increased traffic on the already congested James Street, increased traffic within the school zone for Apex Elementary School and existing traffic congestion on James Street created during the morning drop -off and afternoon pick -up at Apex Elementary School. Addressing these traffic concerns and providing a solution to the school traffic congestion resulted reduction from 105 lots to 6o lots, which accounts for a loss of 45 lots. Proposed Impacts The proposed impacts consist of o.636 acres of permanent wetland impacts for construction of the extension of James Street, a required traffic circle and the main entrance to the proposed project. The majority of the proposed permanent wetland impacts (Impact #1 - o.602 acres) will occur as a result of construction of the proposed traffic circle which is necessary to improve traffic congestion associated with Apex Elementary School. It should be noted that Impact #1 will occur to early successional herbaceous /shrub wetland which has formed within the bottom of a drained pond and not a natural wetland system. While it may appear that Lot 7 requires significant wetland impacts, the fill associated with the construction of the access road and traffic circle would impact all of this wetland with or without construction of Lot 7 in order to tie road fill back to existing grade. Therefore, Lot 7 will be constructed entirely on fill from road construction and does represent wetland impacts. Construction of Lot 8 will also require wetland impacts (Impact #2). As previously discussed, the reduction from 105 lots to 6o lots greatly reduces the number of lots to support the land purchase cost and infrastructure construction costs, thereby increasing the per lot cost for construction and decreasing profitability drastically. Lot 8 represents a significant portion of the profit margin for the entire project, and loss of any of the proposed lots would render the project financially unfeasible. Avoidance and Minimization Prior to site planning, the applicant requested that a formal wetland delineation be conducted so WITHERS , RAVENEL Page 2 of 5 ENGINEERS I PLANNERS I SURVEYORS James St. Station Subdivision — IP PCN 04/08/14 that impacts to wetlands and waters could be minimized. Proposed wetland impacts have been concentrated to the lower quality wetlands, while avoiding impacts to the onsite intermittent stream. The proposed impacts have been minimized to the greatest extent possible while maintaining a financially feasible project. Wetland impacts have been minimized to those necessary for construction of the James Street extension, which will serve primary access, the traffic circle and the entrance road, and construction of Lot 8 as previously discussed. The majority of the proposed wetland impacts (o.602 acres) will occur to an early successional herbaceous /shrub wetland which has formed in the bottom of a drained pond. This is not a natural wetland system and therefore the functional value is minimal. W &R conducted NCWAM assessments to determine the functional value of the onsite wetlands proposed for impacts. NCWAM determined that the wetland within the drained pond (Impact #1) has a LOW functional value. The NCWAM assessment forms have been provided as an Appendix. The construction of Lot 8 (Impact #2) will result in 0.034 acres of wetland impacts. Due to the reduction from 105 lots to the current 6o lots, there are 45 less lots to support overall purchase price and construction costs, which has significantly increased per lot costs and decreased the profit margin. Therefore, loss of any additional lots would further reduce the minimal profit margin for the entire project, and the loss of Lot 8 could potentially render the project financially unfeasible. Alternatives Analysis Site Alternatives The site location for the proposed project was primarily driven by the availability of land currently for sale. The proposed project is located within a portion of Apex in which the real estate market is highly desirable for single family home purchases. At the time of execution of the purchase contract between Standard Pacific of the Carolinas, LLC and the property owner, no other comparable properties within the general vicinity were available for purchase. Therefore, there were no alternative sites /locations available within the vicinity that could be purchased for the proposed development. Also, the proposed project is located within a heavily developed portion of Apex, with existing development to the east and southeast, with approved future development to the west and south. Therefore, the proposed project site represents infill development, which is a more environmentally sound method for development than constructing a new residential development in an undeveloped area and drawing additional development to that area. Design Alternatives The design of the proposed project was driven by several factors which were tied to traffic issues primarily associated with congestion on James Street during morning drop -offs and afternoon pick- ups at Apex Elementary School. Currently, there are no queuing /storage lanes to hold school traffic while allowing free flow of non - school traffic. The solution was to provide a dedicated queuing /storage lane along James Street and into the school, with a traffic circle to allow the incoming traffic to flow directly into the queuing /storage lane. The vast majority of the wetland impacts will occur from the construction of the extension of James Street, which will serve as the primary access to the proposed project, and construction of the traffic circle and entrance road. The only design alternatives would be to relocate the traffic circle farther east or west to minimize wetland impacts. WITHERS , RAVENEL Page 3 of 5 ENGINEERS I PLANNERS I SURVEYORS James St. Station Subdivision — IP PCN 04/08/14 Alternative 1: Relocating the Traffic Circle East The traffic circle and main entrance could not be located farther east because of the required length for the queuing /storage lane for Apex Elementary School. The traffic circle has been designed so that incoming school traffic coming from the east can loop around the traffic circle and flow directly into the queuing /storage lane for drop- off /pick -up. If the traffic circle was relocated farther east, it would shorten the length of the queuing /storage lane, thereby causing traffic to overflow into the traffic circle and create more of the traffic congestion that the traffic circle and queuing /storage lane is intended to reduce. Also, this relocation of the traffic circle and entrance road would have resulted in the loss of at least 3 lots. As was previously discussed, the reduction from soy lots to 6o lots has resulted in each lot being critical to the financial feasibility for this project. The loss of 3 lots would render the project financially unfeasible and therefore, this is not a feasible alternative design. Alternative 2: Relocating the Traffic Circle West Relocation of the traffic circle further west would create an issue with the queuing /storage lane since the traffic circle would not flow directly into the queuing /storage lane. Even though relocating the traffic circle farther west would avoid wetland impacts for construction of the traffic circle the wetland at Impact #1 would still be impacted for construction of Lot 7. As previously discussed, the reduction from 105 lots to 6o lots has resulted in each lot being critical to the financial feasibility of the proposed project. Therefore, the wetlands would be completely impacted for construction of Lot 7, regardless of the relocation of the proposed traffic circle and entrance road. Furthermore, the relocation of the traffic circle and entrance road would result in the loss of at least 2 lots which would make the project financially unfeasible and therefore, this is not a feasible alternative. Miti ag tion Wetland Mitigation The applicant proposes to mitigate for the o.636 acres of permanent wetland impacts through the purchase of riparian wetland mitigation credits from EEP. There are no mitigation banks within the 03030004 basin with riparian wetland mitigation credits currently available. Of the proposed o.636 acres of permanent wetland impacts, o.602 acres of impact (Impacts #1) will occur to a low quality herbaceous /shrub wetland that formed within the bottom of a drained pond. The LOW functional value is documented in the attached NCWAM form. Due to the low functional value of this wetland (Impact #1) and the face that it is not a natural wetland system, the applicant proposes to mitigate for the o.602 acres of impacts at a 1:1 mitigation ratio. The applicant proposes to mitigate for the remaining 0.034 acres (Impact #2) of permanent wetland impacts at a 2:1 mitigation ratio. Proposed Wetland Mitigation Table Impact #s Total Impacts Mitigation Ratio Proposed Mitigation 1 o.602 acres 1:1 o.602 acres 2 0.034 2:1 o.o68 acres Total Proposed Riparian Wetland Mitigation o.67 acres A copy of the EEP Letter of Reservation has been provided as an Appendix. WITHERS , RAVENEL Page 4 of 5 ENGINEERS I PLANNERS I SURVEYORS James St. Station Subdivision — IP PCN 04/08/14 Stormwater Management Plan The stormwater management plan consists of three wet detention ponds, two of which will have level spreaders and filter strips. The SMP is being reviewed and approved by the Town of Apex as a delegated municipality, but a copy of the SMP (Sheet 14) has been provided as an Appendix. Upon issuance of the SMP approval by the Town of Apex, a copy of the approval will be provided to DWR. The current request is for o.636 acres of permanent wetland impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, Troy Beasley Environmental Scientist Attachments: • ENG Form 4345 • PCN Form • Agent Authorization • Parcel Exhibit • USGS Quad • Wake County Soil Survey • Corps Jurisdictional Determination • NCWAM Forms • EEP Letter of Reservation • Adjacent Property Owner Exhibit & Information • Impact Exhibits • Stormwater Management Plan (Sheet 14) - Enclosed WITHERS 6 RAVENEL Page 5 of 5 ENGINEERS I PLANNERS I SURVEYORS ENG FORM 4345 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710 -003 (33 CFR 325) Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time tar reviewing instructions, Searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202 -4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710 -003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction Authority; 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States; the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters, Routine uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If Information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the proposed activity. An 1. APPLICATION NO,, 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED ' (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME - - 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required) Standard Pacific of the Carolinas - Gray Methven Withers & Ravenel - Troy Beasley 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS _- 100 Perimeter Park Drive; Suite 112 1410 Commonwealth Drive, Suite 101 Morrisville, NC 27506 Wilmington, NC 28403 7. APPLICANT'S PHONE NUMBERS WITH AREA CODE ! 10. AGENT'S PHONE NUMBERS WITH AREA CODE a. Residence a. Residence b. Business 919- 465 -5930 b. Business 910 - 509 -6512 11, STATEMENT OF AUTHORIZATION .I hereby authorize Withers & Ravenel . to act in my behalf as my agent in the processing of this '.. application and to furnish, upon re qu t, supplemental information insupport of this permit application. n. f 9-' W7 A PLICANT' IGNATURE DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see Instructions) James Street Station Subdivision 13. NAME OF WATERBODY, IF KNOWN (if applicable) - 14. PROJECT STREET ADDRESS (if applicable) Big Branch 104 James Street Extension Apex, NC 27502 15. LOCATION OF PROJECT Wake NC COUNTY .STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Property is located west of Apex Elementary School, 17. DIRECTIONS TO THE SITE From NC 55 (E. Williams Street) in Apex, head west on James Street. After crossing over Tingen Road7James Street will change to James Street Extension. After passing the Apex Elementary School, James Street Extensioead south and the project is adjacent to the west. ENG FORM 4346 — ONLINE CESPK -CO -R 18. NATURE OF ACTIVITY (Description of project, include all features) The project consists of the construction of a 60 lot residential subdivision and associated infrastructure (i.e. roads, utilities, stormwater management, etc), as well as construction of the extension of James Street Extension, which will serve as the main access to the project. 19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions) The purpose of the proposed project is to construct a residential subdivision to accommodate the growing demand for residential housing in the Apex area. USE BLOCKS 20 -22 IF DRFDGFD AND /OR FII I MATERIAL IS TO BE DMrHARC Fn -20. REASONS) FOR DISCHARGE The project will result in 0.636 acres of permanent impacts to jurisdictional wetlands for construction of the extension of James Street Extension and traffic circle /entrance to the project, as well as construction of Lot 8. 21. - TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Fill (Clay): Wetlands - 6,689 CY 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED (see instructions) _ -- Jurisdictional Wetlands - 27,683.26 sq ft 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES Q NO IF YES, DESCRIBE THE WORK- . N 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY (If more than can be entered here, please attach a supplemental list) See Adjacent Property Owner Exhibit, which has been provided as an Appendix. 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS /DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED USCOE JD AID #SAW- 2012 -01386 10130/2013 *.Would include but is not restricted to zoning, building and flood plain permits, 26. Application is hereby made for a permit or permits to authorize the work described In this application. I certify that the information in this ap licatlon is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting the d ly autl orized agent of the applliiccan'tt.. )/ rL vIrLd SI NATURE OF AP (CANT - DATE S) NATURUA), ENT DA E The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and will fully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, facticious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any ENG FORM 4345 — ONLINE CESPK -CO -R PCN FORM 4�0' \N AT F' o � � Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page l of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: Individual Permit or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? N Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ Yes N No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. N Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes N No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No 2. Project Information 2a. Name of project: James Street Station Subdivision 2b. County: Wake 2c. Nearest municipality / town: Apex 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: New Freedom Ventures 11, LLC 3b. Deed Book and Page No. See Parcel Exhibit, which has been provided as an Appendix. 3c. Responsible Party (for LLC if applicable): Barry Hicks — Managing Partner 3d. Street address: 8311 Brier Creek Pkwy; Suite 105 -125 3e. City, state, zip: Raleigh, NC 27617 3f. Telephone no.: 919 - 596 -0818 3g. Fax no.: 3h. Email address: newfreedomventures @yahoo.com Page l of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Contract Purchaser 4b. Name: Gray Methven — Director of Land Development 4c. Business name (if applicable): Standard Pacific Homes of the Carolinas, LLC 4d. Street address: 100 Perimeter Park Drive; Suite 112 4e. City, state, zip: Morrisville, NC 27506 4f. Telephone no.: 919 - 465 -5930 4g. Fax no.: 4h. Email address: gmethven @stanpac.com 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910 - 509 -6512 5f. Fax no.: 910 - 256 -2584 5g. Email address: tbeasley @withersravenel.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN: 0741175423; 0741175283; 0741165856; 0741165320 ;0741168597;0741168395 1 b. Site coordinates (in decimal degrees): Latitude: 35.719972 °N Longitude: - 78.860986 °W (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: ±32.91 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Big Branch (Stream Index: 18- 7 -6 -1) proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Cape Fear - 03030004 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project currently consists primarily of undeveloped woodlands, and contains an abandoned house and a drained pond. The general land use in the vicinity consists of a mixture of residential, institutional and commercial land use. 3b. List the total estimated acreage of all existing wetlands on the property: ±1.0 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ±514 If 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construction a residential subdivision to meet the growing demand for single family residential housing in Apex. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of the construction of a 60 lot residential subdivision and associated infrastructure including roads, sewer, water, etc. Standard commercial construction equipment will be used to construct the proposed project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Withers & Ravenel Name (if known): Troy Beasley Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps issued a Final JD for the project site on 10/30/13 (AID" 2012 - 01386). A copy of the JD has been provided as an Appendix. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number— Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) Impact 1 Herbaceous El Yes ®Corps ® P ❑ T Fill (Drained Pond ® No ® DWQ 0.602 acres Bottom) Impact 2 ® P El T Fill Fill Headwater Forest ® Yes El ® Corps ® DWQ 0.034 acres 2g. Total wetland impacts 0.636 acres 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑Tar- Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? B1 ❑P ❑T F1 Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Prior to site planning, the applicant requested that a formal wetland delineation be conducted so that impacts to wetlands and waters could be minimized. Proposed wetland impacts have been concentrated to the lower quality wetlands, while avoiding impacts to the onsite intermittent stream. The proposed impacts have been minimized to the greatest extent possible while maintaining a financially feasible project. Wetland impacts have been minimized to those necessary for construction of the James Street extension, which will serve primary access, the traffic circle and the entrance road, and construction of Lot 8 as previously discussed. The majority of the proposed wetland impacts (0.602 acres) will occur to an early successional herbaceous /shrub wetland which has formed in the bottom of a drained pond. This is not a natural wetland system and therefore the functional value is minimal. W &R conducted NCWAM assessments to determine the functional value of the onsite wetlands proposed for impacts. NCWAM determined that the wetland within the drained pond (Impact #1) has a LOW functional value. The NCWAM assessment forms have been provided as an Appendix. The construction of Lot 8 (Impact #2) will result in 0.034 acres of wetland impacts. Due to the reduction from 105 lots to the current 60 lots, there are 45 less lots to support overall purchase price and construction costs, which has significantly increased per lot costs and decreased the profit margin. Therefore, loss of any additional lots would further reduce the minimal profit margin for the entire project, and the loss of Lot 8 could potentially render the project financially unfeasible. Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ® Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.7 acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 29% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed stormwater management plan consists of three wet detention ponds, two of which will have level spreaders and filter strips. The Stormwater Management plan is being reviewed and approved by the Town of Apex. A copy of the Town of Apex Stormwater Management approval will be provided to DWR upon issuance. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Apex ® Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project is located within a heavily developed area of Apex, and is not anticipated to be a catalyst for future development which could impact nearby water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Town of Apex Sanitary Sewer Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? E] Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? W &R reviewed the NC Natural Heritage Program database, located at http: / /www.ncnhp.org /web /nhp /database - search, to identify if there were any known occurrences of federally listed threatened and endangered species within the Apex Quadrangle Map. The review of the NHP database did not identify any known occurrences of federally listed species within the Apex Quadrangle Map. Furthermore, site reviews of the project area did not identify any the presence of or habitat for any federally listed species known to occur in Wake County within or adjacent to the project area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters in Wake County classified as EFH. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? W &R reviewed the NC State Historic Preservation Office's online database, located at: http: / /gis.ncdcr.gov /hpoweb /, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. Based on the SHPO online database, there are no historic or cultural resources within or immediately adjacent to the proposed project. Furthermore, there were no historic structures observed within the subject property. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Troy Beasley — W &R Authorized Agent 4/9/14 Applicant /Agent's Printed Name Date Applicant /Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM & ACCESS AUTHORIZATION FORM WITHERS &RAVENEA ENGINEERS i PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser Standard Pacific of the Carolinas LLC (Client) does hereby appoint Troy Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and /or; b) preparation and submittal of appropriate environmental permit applications /requests for the ±30 acre — James Street Station property (PIN 0741175423: 0741175283; 0741165856: 0741165320: 0741168395; 0741168597), in Apex. Wake County. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests /applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: Troy Beasley /Withers & Ravenel. Inc. 1410 Commonwealth Drive, Suite 101 Wilmington, NC 28403 Tel. (910) 256 -9277 Date: ' Signature of Client: 6, NS,1I W�AJ 12 .off (Name - Print) Title) 'A A -, )?�, ( ignature) Mailing Address S t/1 L)-.O, i /U& - City State Zip Phone- Email: 115 MacKenan Drive I Cary, NC 27511 tel.: 919.469.3340 ( fax: 919.467 -6008 1 www.withersravenet.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 ( tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 WITHERS RAVENEL ENGINEERS I PLANNERS I SURVEYORS AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), New Freedom Ventures ll. LLC, do(es) hereby authorize Troy Beasley / Withers & Ravenel, Inc. to access the ±30 acre James Street Station property (PIN 0741176423; 0741176283; 0741166866; 0741166320; 0741168396; 0741168697) in Apex, Wake County for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, etc.) and approvals (i.e. wetland delineation, stream /buffer determination, environmental permitting, etc.) at the request of the contract purchaser, Standard Pacific of the Carolinas. LLC. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by Withers and Ravenel, Inc. This agreement shall continue in effect until completion /termination of the purchase contract for the subject property. Date: / /._ , Contract Purchaser's Agent Info: Signature of Owner(s): Troy Beasley / Withers & Ravenel. Inc. Narno Z Print,v / Title 115 MacKenan Drive ( Cary, NC 275111 tel.: 919.469.33401 fax: 919.467.60081 www.withersravenet.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 PARCEL EXHIBIT GRAPHIC SCALE 0 100 200 S. Sal em Street �D�d US 1) 1 inch = 200 ft. Railroad Track PIN 0741175423 PIN 0741175283 w a� a� Cn m E c� PIN 0741165856 PIN 0741168597 PIN 0741165320 PIN 0741168395 JAMES STREET STATION PARCEL EXHIBIT WITHEla8 FZAVENEL ■NRINIIRS 1 PLANNERS 1 fNRYlYOlf Apex Ap,x Wake C.unly North Carolina USGS QUAD & WAKE CO. SOIL SURVEY GRAPHIC SCALE • { -` r� �� 0 250 500 500 ft. ` x • • ` �: '� 4" , ...... mmm" M _ . T r R� v � ► 1 � Par k low ...� i y - d y . r f /0, A r f. 1 f �1f r ■• � a f / f I ' . ,� f `r` � firs • � �� I ." le I AIL �r ✓ Y r f I r JAMES STREET STATION USGS QUAD - APEX QUAD WITHERS �" RAVENEL ■NGINffff 1 PLANNERS 1 fYfYfrOff n r= Wakes Cvmir Nodh C.1rorina Y Y 0 i 4 i Ix W -oou{ !if GRAPHIC SCALE 0 100 200 1 inch = 200 ft. m JAMES STREET STATION WAKE COUNTY SOIL SURVEY [ arrsWna III SHEETS 65, 66 ,74 & 75 Khkc Cti+.un• 4ea16 0 04 6 I� R� a I� WITHERS RAVENEL RR6IRRlIi I ►AANMIRSIsuaveyORs CORPS JURISDICTIONAL DETERMINATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2012 -01386 County: Wake U.S.G.S. Quad: NC -APEX NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Standard Pacific of the Carolinas, LLC Gray Methven Address: 1100 Perimeter Park Dr. suite 112 Morrisville, NC, 27560 Telephone Number: Size (acres) 30 Nearest Town Apex Nearest Waterway Big Branch River Basin Upper Cape Fear. North Carolina. USGS HUC 3030004 Coordinates Latitude: 35.7194815261917 Longitude: - 78.8600415807997 Location description: The __u_ropex•ty_ is located_ adjacent to South Salem St, to the north, and James St. extension to the east, near the town of Apex, Wake County. North Carolina. Aouatic features on site drain to Big Branch in the Cape Fear River basin. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 10/30/13. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our Page 1 of 2 published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919 -554 -4884 x32 or James.C.Lastinger6d)usa ce.army.mil. C. Basis For Determination: Stream on site exhibits an established OHWM. Wetlands on site exhibit criteria as described in the Corps 1987 wetland delineation Manual and appropriate regional supplement. D. Remarks: related AID 200641143 E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 12/30/13. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date: October 30, 2013 Expiration Date: October 30, 2018 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 attached customer Satisfaction Survey or visit hQ.-A ef• ?.nvvp.irsace carrnvaraiI/ Urvev.htn71 to complete the survey online. Copy furnished: Withers & Ravenel, Inc. Attn: Troy Beasley 1410 Commonwealth Dr. Suite-101 Wilmington, NC 28403 New Freedon Ventures I1, LLC Attn: Barry Hicks 8311 Brier Creek Parkway Suite 105 Raleigh, NC 27617 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL w Applicant: Standard Pacific of the Carolinas, LLC Gray Methven File Number: SAW - 2012 -01386 Date: October 30, 2013 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter of erinission B ❑ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http: / /www.usace.army.mil /inet /functions /cw /ceewo /red or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and /or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD -PDO Attn: James Lastinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room 10M15 Wake Forest, NC 27587 Atlanta, Georgia 30303 -8801 919 -554 -4884 ext 32 Phone: (404) 562 -5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investi ation, and will have the opportunit to participate in all site investi ations. Date. Telephone number: Si nature of appellant or lent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 1, MICHAEL E. DICKERSON, PLS, DO HEREBY CERTIFY THAT THIS MAP WAS PREPARED UNDER MY DIRECT SUPERVISION, AND ACCURATELY DEPICTS THE LOCATIONS OF SECTION 404 JURISDICTIONAL AREAS AS DELINEATED BY WITHERS AND RAVENEL, INC. OF CARY, NORTH CAROLINA. a4000DO"'00 PROPERTY LINE o ®on4640 BEGIN CT Wq� a ° °° MICHAEL E. DICKERSON, PLS L -3639 � , s ° a SITE ju •• �[{�� A - a ° °a► °p °a'° ° $luLi� oo °a Qy ° a aa�aa��DOd D °60 E INDEX: SHEET 1 - TITLE, VICINITY MAP & WETLANDS /STREAM COORDINATES SHEET 2 - WETLANDS /STREAM LOCATION SHEET THE PURPOSE OF THIS MAP IS TO DEPICT THE HORIZONTAL LOCATION OF THE JURISDICTIONAL WETLANDS. PROPERTY MAY BE SUBJECT TO PROTECTIVE STREAM BUFFERS AS DETERMINED BY GOVERNING MUNICIPALITY AT THE TIME OF SITE PLAN APPROVAL. THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT WITHIN THE DESIGNATED INSET AREA, AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. OTHER AREAS OF JURISDICTION MAY BE PRESENT ON THE SITE BUT HAVE NOT BEEN DELINEATED. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 CORPS OF ENGINEERS WETLAND DELINEATION MANUAL. USACE ACTION ID /,?8(0 16 2013 NOTES: 1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF TITLE REPORT AND MAY BE SUBJECT TO ANY MATTERS THAT A FULL TITLE SEARCH WOULD DISCLOSE. 2. BASIS OF BEARINGS: NC GRID (NAD 83). 3. AREAS COMPUTED BY COORDINATE METHOD. 4. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. 5. THIS PARCEL IS NOT LOCATED WITHIN A FEMA DESIGNATED FLOODPLAIN. AREA SUMMARY TOTAL JURISDICTIONAL WETLANDS 1.027 ACRES STREAM LENGTH INTERMITTENT STREAM #1 = 514 LF LEGEND: LF I TT TIE TO r 1-0 Lri i C CHANNEL PL PROPERTY LINE BEG BEGIN JAMESif.' c,I h E Iw SITE ju •• �[{�� A - --- I �PE4KWAY F_ � I r ._ --------------- �'I�r� i7i i i i it %1 r VICINITY MAP NOT TO SCALE AREA SUMMARY TOTAL JURISDICTIONAL WETLANDS 1.027 ACRES STREAM LENGTH INTERMITTENT STREAM #1 = 514 LF LEGEND: LF LINEAR FEET TT TIE TO CH CHANNEL PL PROPERTY LINE BEG BEGIN , WETLAND AND STREAM DESCRIPTION AND COORDINATE TABLE " POINT NORTHING EASTING DESCRIPTION 1 716805.3146 2041152.7829 5'CH 2 716825.4522 2041164.4169 6'CH 3 716833.7214 2041166.8869 5'CH 4 716847.4994 2041172.8072 6'CH 5 716851.4549 2041175.9582 B'CH 6 716882.4224 2041183.5012 1O'CH 7 7168B7.5536 2041191.5359 8'CH 8 716907.7934 2041191.2287 4'CH 9 716914.2852 2041200.5772 4'CH 10 716929.0602 2041203.6428 6'CH 11 716957.4831 2041214.2003 1 O'CH 12 716966.7473 2041217.7982 6'CH 13 716996.9130 2041221.2256 1O'CH 14 717000.9145 2041227.8464 6'CH 15 717020.0403 2041227.3385 11'CH 16 717036.8281 2041230.5321 13'CH 17 717047.3477 2041236.6740 12'CH 18 717064.6749 2041243.1396 7'CH 19 717076.0192 2041244.0709 1O'CH 20 717093.7204 2041254.5540 WCH 21 717096.2113 2041275.7886 7'CH 22 717096.7351 2041288.9068 7'CH 23 717098.0228 2041298.6494 1O'CH 24 717101.4167 2041310.0227 7'CH 25 717100.8553 2041324.6101 4'CH 26 717103.1666 2041343.6626 4'CH 27 717102.1302 2041351.3297 WCH 28 717104.3087 2041370.9493 1VCH 29 717102.2947 2041415.4777 8'CH 30 717098.7363 2041423.7802 WCH 31 717101.2645 2041440.8115 8'CH 32 717099.3596 2041448.9958 5'CH 33 717077.2897 2041239.2732 A6 TT STREAM 34 717090.8422 2041226.6458 A5 35 717110.1260 2041227.3227 A4 36 717108.7567 2041237.1494 A3 37 717094.0861 2041233.9269 A2 38 717081.7885 2041243.3718 Al TT STREAM 39 717099.8643 2041449.5994 BEG STREAM 1 40 717102.7969 2041448.6959 B1 41 717098.9310 2041476.0467 822 TT B1 42 717127.3250 2041541.7579 B21 43 717196.2524 2041603.7587 B19 44 717249.9574 2041638.4223 B18 45 717274.8748 2041668.1586 B17 46 717294.3917 2041673.8064 B12 47 717282.2818 2041643.8140 B 1 1 48 717304.0218 2041600.7549 B7 49 717253.6968 2041584.7694 B6 50 717218.5434 2041559.9009 B5 51 717201.2181 2041527.1855 B4 52 717169.9696 2041492.4848 B3 53 717138.6222 2041454.9692 B2 54 717343.0390 2041623.4715 B8 55 717356.2724 2041658.3330 B9 56 717328.8384 2041654.3554 B10 57 717297.5157 2041706.5053 B16 58 717333.1344 2041692.9929 B13 59 717342.4649 2041714.9397 B14 60 717324.7770 2041731.5542 B15 61 717383.9121 2041769.8781 WETLAND 62 717373.7169 2041794.8791 WETLAND 63 717386.6735 2041824.3285 WETLAND 64 717436.9193 2041836.4182 WETLAND 65 717467.7998 2041842.1815 WETLAND 66 717516.5476 2041849.3607 WETLAND 67 717555.2401 2041838.9298 WETLAND 68 717566.0311 2041830.7133 WETLAND 69 717565.0900 2041805.0079 WETLAND 70 717557.1738 2041761.1372 WETLAND 71 717532.5240 2041712.8625 WETLAND 72 717490.9559 2041676.8064 WETLAND 73 717454.4083 2041645.1052 WETLAND 74 717437.0499 2041628.9636 WETLAND 75 717439.9361 2041651.5889 WETLAND 76 717428.2441 2041691.9182 WETLAND 77 717413.6962 2041706.0740 WETLAND 78 717396.1408 2041702.7695 WETLAND 79 717393.4072 2041726.5123 WETLAND 80 717384.6899 2041766.8755 WETLAND No. - Revj5ion Part p - `- - - - - - C.- o JAMES STREET STATION JURISDICTIONAL WETLANDS MAP 5,.11,. mm VIV13 NEW FREEDOM VENTURES II LLC WITHERS RAVENEL oft ' WETLANDS /STREAM LOCATION ENGINEERS I PLANNERS 1 SURVEYORS YR} mra�rm WIIITE OAK TOWNSHIP WAKE COUNTY NORTH CAROLINA ,,, �e�;e��ome car, Norm ca,or�a z�s„ le1:9,9afii3]AO f�: 9,9 -0fi)fAOB �vww.wllr,ersnvenl.cnm �'� rcca[c I 3 D r CTI � m .1 � ur 5 O 61 O c Y mZ n � a 2m A O A I qva �N°VR1 a G �o°oa b� zn �oqF� W C1� h l m , qk N j d4�A ,J / J V V '� O / .4 -�'� to��m - v rn "- O co (Awns / �gm- �. UI R/W — O ny4p¢644aappppaoo9� n oa e o�`pppuvacpp��a�g y / Paa �i� nl o O6 � •� r vll -4 a 4 co p / v v Opp 4 'Op (✓J 00�� � aaaGaauppp� _1600 �Q C4 O J00QR4444444444ti4 O W SEE NOTE2 A N 4 V to ;H- 4 � I 1 A O v C I °4D3 n W4iNF I W I N arum rn 'z ��m y Zv5555 w I ro n�a I�t � U�Fit it V 'N3 '13 m ,? ~o0 �s,- o� UT °cm„wm =° z '� Z Ali W � zv °mmrnzmmm =-�p m rm-z ~z m-ZiZrri 14 O V V! to -t1 z���anrnonorno ;R- 1, R' mmcznya �-iZ0 O-I c:: O�-I mrT, �'10 U V Ci zZrn m 4 � I 1 A O v C I °4D3 n W4iNF I W I N arum rn Z m c8 )31:xo )�,cnii�m? Ila t� T ;, V q Zv5555 w I. Ono ro n�a w° N U�Fit it Nmn W 'N3 '13 Z m c8 )31:xo )�,cnii�m? Ila t� T ;, V q Zv5555 w irD F; "t� N 01 n I L7 �� w U�Fit it Nmn W fD w Q 'R, w Ci rn rn I m n n I o z I ° I I I I N � �C l 1 N z 111 :E N V '49 V� VCVi• \, a � V -Y� v anti 1 3 10 1 �w2 mo 0 Fo I o I:g Ui Vi tii toNCn rj 2' I �m NNSNNN C mm�0mmoa U WWWWW1-4 @ fZZs1 Yp�m �C WONbo oU Tli engirt m� ii I 2 �wA W () v/ m°w n rn to N y m mAA N N �owiN�O m cN -i N �]G�14�1�CC X5;!2 � n - JAMES STREET STATION NEW FREEDOM VENTURES II, LLC a LOAKTOWNSHIP WAKE COUNTY NORTH w � 1 N JURISDICTIONAL WETLANDS MAP WITHERS &— RAVENEL ENGINEERS[ PLANNERS I SURVEYORS WETLANDS /STREAM LOCATION 111 NadCenen Drive Cary, Nonh Carolina l]511 Id: 919-169-3340 f.1;919-4673008 w - wiihersraverKl. cam Shcei Na 2 of 2 c8 )31:xo )�,cnii�m? n °Czrn �mv -lip (n F7N �1C °L rrn_l 0C) ry�z =Zcn cti rri c -0 � �r� ° °zrr, m ,? ~o0 �s,- zY- n 'D --j z �rcr- UT °cm„wm =° z '� Z Ali °ocn"'I''v_,zrn cyi�z -icy °mmrnzmmm =-�p rm-z ~z m-ZiZrri Zr�O -ISO �(Q �rnj�Z2 ,Z zz� z���anrnonorno ;R- 1, R' mmcznya �-iZ0 O-I c:: O�-I mrT, �'10 mco ~S�< zZrn JURISDICTIONAL WETLANDS MAP WITHERS &— RAVENEL ENGINEERS[ PLANNERS I SURVEYORS WETLANDS /STREAM LOCATION 111 NadCenen Drive Cary, Nonh Carolina l]511 Id: 919-169-3340 f.1;919-4673008 w - wiihersraverKl. cam Shcei Na 2 of 2 NCWAM FORMS NC WAM Wetland Rating Sheet Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Site Name Impact #1 Date 4/2/14 Wetland Type Headwater Forest Assessor Name /Organization THB - W &R Notes on Field Assessment Form (Y /N) LOW YES Presence of regulatory considerations (Y /N) Function NO Wetland is intensively managed (Y /N) Hydrology YES Assessment area is located within 50 feet of a natural tributary or other open water (Y /N) NO Assessment area is substantially altered by beaver (Y /N) LOW NO Assessment area experiences overbank flooding during normal rainfall conditions (Y /N) NO Assessment area is on a coastal island (Y /N) YES NO Sub - function Rating Summary LOW Function Sub- function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub - Surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition LOW Condition /Opportunity MEDIUM Opportunity Presence? (Y /N) YES Particulate Change Condition HIGH Condition /Opportunity NA Opportunity Presence? (Y /N) NA Soluble Change Condition MEDIUM Condition /Opportunity HIGH Opportunity Presence? (Y /N) YES Physical Change Condition LOW Condition /Opportunity LOW Opportunity Presence? (Y /N) YES Pollution Change Condition NA Condition /Opportunity NA Opportunity Presence? (Y /N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Rating Summary Function Metrics /Notes Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition /Opportunity LOW Opportunity Presence? (Y /N) YES Habitat Conditon LOW Overall Wetland Rating LOW NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 4.1 rating caicuiator version 4.-i Wetland Site Name Impact #1 Date 4/2/14 Wetland Typel Headwater Forest Assessor Name /Organization THB - W &R Level III Ecoregion Piedmont Nearest Named Water Body Big Branch River Basinj Cape Fear US GS 8 -Digit Catalogue Unit 03030004 r Yes (* No Precipitation within 48 hrs? Latitude /Longitude (deci- degrees) 35.721285 °N; - 78.85933 °W Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and /or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub - surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc ) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc ) • Habitat/plant community alteration (examples: mowing, clear- cutting, exotics, etc ) Is the assessment area intensively managed? (+ Yes r No Regulatory Considerations (select all that apply to the assessment area) F Anadromous fish r Federally protected species or State endangered or threatened species r NCDWQ riparian buffer rule in effect r Abuts a Primary Nursery Area (PNA) r Publicly owned property F N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) r Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout r Designated NCNHP reference community r Abuts a 303(d)- listed stream or a tributary to a 303(d)- listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) r Blackwater (+ Brownwater r Tidal (if tidal, check one of the following boxes) r Lunar C Wind r Both Is the assessment area on a coastal island? r Yes (: No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? Does the assessment area experience overbank flooding during normal rainfall conditions? r Yes (: No r Yes r: No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS r A r A Not severely altered (: B (: B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub - Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub - surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. Refer to the current NRCS lateral effect of ditching guidance for North Carolina hydric soils (see USACE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch sub - surface water. Consider tidal flooding regime, if applicable. Surf Sub r A r A Water storage capacity and duration are not altered r B l+ B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C•' C r C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage /Surface Relief —assessment area/wetland type condition metric (answer for non -marsh wetlands only) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a ti A r A Majority of wetland with depressions able to pond water > 1 foot deep r B (' B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep (° C (: C Majority of wetland with depressions able to pond water 3 to 6 inches deep r D r D Depressions able to pond water < 3 inches deep 3b r A Evidence that maximum depth of inundation is greater than 2 feet (: B Evidence that maximum depth of inundation is between 1 and 2 feet (' C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture /Structure — assessment area condition metric Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. r A Sandy soil f+ B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) f C Loamy or clayey soils not exhibiting redoximorphic features r D Loamy or clayey gleyed soil r E Histosol or histic epipedon 4b. ti' A Soil ribbon < 1 inch f B Soil ribbon ? 1 inch 4c. (+ A No peat or muck presence r B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub - surface pollutants or discharges (Sub) Examples of sub - surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub {" A (: A Little or no evidence of pollutants or discharges entering the assessment area {+ B (' B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area r C r C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M r A r A r A >_ 10% impervious surfaces r B r B r B < 10% impervious surfaces r C r C r C Confined animal operations (or other local, concentrated source of pollutants) r D r D r D -a 20% coverage of pasture r E r E r E ? 20% coverage of agricultural land (regularly plowed land) r F r F r F ? 20% coverage of maintained grass /herb r G r G r G ? 20% coverage of clear -cut land I, H r H r H Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area 7. Wetland Acting as Vegetated Buffer— assessment arealwetland complex condition metric 7a. Is assessment area within 50 feet of a tributary or other open water? r Yes f+ No If Yes, continue to 7b. If No, skip to Metric 8 Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of the wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is weltand? Descriptor E should be selected if ditches effectively bypass the buffer. r A >_ 50 feet r B From 30 to < 50 feet r C From 15 to < 30 feet r D From 5 to < 15 feet r E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels /braids for a total width. (' 5 15 -feet wide r > 15 -feet wide r Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? r Yes r No 7e. Is tributary or other open water sheltered or exposed? • Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. • Exposed — adjacent open water with width ? 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type /wetland complex metric (evaluate for riparian wetlands only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment areas (WC). See User Manual for WT and WC boundaries. WT WC (+ A ro A >_ 100 feet r B r B From 80 to < 100 feet f~ C ( C From 50 to < 80 feet r D (` D From 40 to < 50 feet r E r E From 30 to < 40 feet (' F (` F From 15 to < 30 feet r G r G From 5 to < 15 feet r H r H < 5 feet 9. Inundation Duration — assessment area condition metric Answer for assessment area dominant landform. r A Evidence of short- duration inundation (< 7 consecutive days) r B Evidence of saturation, without evidence of inundation (: C Evidence of long- duration inundation or very long- duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric Consider recent deposition only (no plant growth since deposition). (« A Sediment deposition is not excessive, but at approximately natural levels. r B Sediment deposition is excessive, but not overwhelming the wetland. C C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type /wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear -cut, select "K" for the FW column. WT WC FW (if applicable) r A r A r A >_ 500 acres r B r B r B From 100 to < 500 acres r C r C r C From 50 to < 100 acres r D r D r D From 25 to < 50 acres (" E r E r E From 10 to < 25 acres C F r F r F From 5 to < 10 acres r G r G r G From 1 to < 5 acres (? H fi H r H From 0.5 to < 1 acre r I r I r I From 0.1 to < 0.5 acre r r r From 0.01 to <0.1acre r K r K (: K < 0.01 acre or assessment area is clear -cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) (- A Pocosin is the full extent (z 90 %) of its natural landscape size. r B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and /or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely (- A r A z 500 acres r B r B From 100 to < 500 acres i C (` C From 50 to < 100 acres r D f: D From 10 to < 50 acres re E r E < 10 acres i F r F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. r Yes r No Wetland type has a surface hydrology connection to open waters /stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non - forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. r A No artificial edge within 150 feet in all directions r" B No artificial edge within 150 feet in four (4) to seven (7) directions (: C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear -cut 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) C A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. C B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. r+ C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) (" A Vegetation diversity is high and is composed primarily of native species ( <10% cover of exotics). (° B Vegetation diversity is low or has > 10% to 50% cover of exotics. r C Vegetation is dominated by exotic species ( >50% cover of exotics). 17. Vegetative Structure — assessment area /wetland type condition metric 17a. Is vegetation present? t: Yes r No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only Skip to 17c for non -marsh wetlands. r A ? 25% coverage of vegetation r B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT CL r A t+ A Canopy closed, or nearly closed, with natural gaps associated with natural processes m C B r B Canopy present, but opened more than natural gaps v t* C r C Canopy sparse or absent o r A tr' A Dense mid - story/sapling layer (` B G B Moderate density mid - story/sapling layer f* C r C Mid - story/sapling layer sparse or absent (+ A r A Dense shrub layer L { B (: B Moderate density shrub layer u) r C r C Shrub layer sparse or absent {: A (" A Dense herb layer Ir' B f B Moderate density herb layer (" C (: C Herb layer sparse or absent 18. Snags — wetland type condition metric r A Large snags (more than one) are visible (> 12- inches DBH, or large relative to species present and landscape stability). (: B Not A 19. Diameter Class Distribution — wetland type condition metric • A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. • B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 -inch DBH. (: C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric Include both natural debris and man - placed natural debris. r A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). G B Not A 21. Vegetation /Open Water Dispersion — wetland type /open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man -made berms, beaver dams, and stream incision r A Overbank and overland flow are not severely altered in the assessment area. (' B Overbank flow is severely altered in the assessment area. r C Overland flow is severely altered in the assessment area. t+ D Both overbank and overland flow are severely altered in the assessment area 'ki/ �kik#/l �k #k#t/#k/t#'I N�1 Ntk#kldit/i##r7 #7h1kt#k#tkNfk#h #klkttt#tkf 1#71#/' k#Ff# aF###tf r r'# ^ t" 1## #I Ftl kfk#I##ktkil kl NC WAM Wetland Rating Sheet Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Site Name Impact #2 Date 4/2/14 Wetland Type Headwater Forest Assessor Name /Organization THB - W &R Notes on Field Assessment Form (Y /N) YES Presence of regulatory considerations (Y /N) NO Wetland is intensively managed (Y /N) YES Assessment area is located within 50 feet of a natural tributary or other open water (Y /N) YES Assessment area is substantially altered by beaver (Y /N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y /N) NO Assessment area is on a coastal island (Y /N) NO Sub - function Rating Summary Function Sub - function Metrics Rating Hydrology Surface Storage and Retention Condition HIGH HIGH Sub - Surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition HIGH Conditon HIGH Condition /Opportunity HIGH Opportunity Presence? (Y /N) YES Particulate Change Condition HIGH Condition /Opportunity NA Opportunity Presence? (Y /N) NA Soluble Change Condition MEDIUM Condition /Opportunity HIGH Opportunity Presence? (Y /N) YES Physical Change Condition LOW Condition /Opportunity LOW Opportunity Presence? (Y /N) YES Pollution Change Condition NA Condition /Opportunity NA Opportunity Presence? (Y /N) NA Habitat Physical Structure Condition HIGH Landscape Patch Structure Condition LOW Vegetation Composition Condition HIGH Function Rating Summary Function Metrics /Notes Rating Hydrology Condition HIGH Water Quality Condition HIGH Condition /Opportunity HIGH Opportunity Presence? (Y /N) YES Habitat Conditon HIGH Overall Wetland Rating HIGH NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 4.1 rating t;aicuiator version 4.1 Wetland Site Name Impact #2 Date 4/2/14 WetlanclTypel Headwater Forest Assessor Name /Organization THB - W &R Level III Ecoregionj Piedmont Nearest Named Water Body Big Branch River Basinj Cape Fear US GS 8 -Digit Catalogue Unit 03030004 (` Yes (To No Precipitation within 48 hrs? Latitude /Longitude (deci- degrees) 35.721285 °N; - 78.85933 °W Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and /or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub - surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear- cutting, exotics, etc.) Is the assessment area intensively managed? f# Yes r No Regulatory Considerations (select all that apply to the assessment area) r Anadromous fish r Federally protected species or State endangered or threatened species r NCDWQ riparian buffer rule in effect r Abuts a Primary Nursery Area (PNA) r Publicly owned property r N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout r Designated NCNHP reference community j— Abuts a 303(d)- listed stream or a tributary to a 303(d)- listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) (` Blackwater (: Brownwater F Tidal (if tidal, check one of the following boxes) r Lunar r Wind r Both Is the assessment area on a coastal island? r Yes t~' No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? Does the assessment area experience overbank flooding during normal rainfall conditions? (" Yes {: No C Yes {: No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS (: A (: A Not severely altered ( B { B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub - Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub - surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. Refer to the current NRCS lateral effect of ditching guidance for North Carolina hydric soils (see USACE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch sub - surface water. Consider tidal flooding regime, if applicable. Surf Sub f: A {: A Water storage capacity and duration are not altered. ( B C° B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). (' C r C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage /Surface Relief — assessment area/wetland type condition metric (answer for non -marsh wetlands only) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. r A C A Majority of wetland with depressions able to pond water > 1 foot deep r B (" B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep {: C C C Majority of wetland with depressions able to pond water 3 to 6 inches deep r D r D Depressions able to pond water < 3 inches deep 3b. r A Evidence that maximum depth of inundation is greater than 2 feet C B Evidence that maximum depth of inundation is between 1 and 2 feet C: C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture /Structure - assessment area condition metric Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. r A Sandy soil C+ B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) (" C Loamy or clayey soils not exhibiting redoximorphic features r D Loamy or clayey gleyed soil r E Histosol or histic epipedon 4b. (e A Soil ribbon < 1 inch r B Soil ribbon >_ 1 inch 4c. (e A No peat or muck presence r B A peat or muck presence 5. Discharge into Wetland - opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub - surface pollutants or discharges (Sub). Examples of sub - surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub (: A (+ A Little or no evidence of pollutants or discharges entering the assessment area • B r B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area • C r C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use - opportunity metric Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M r A r A r A >_ 10% impervious surfaces r B r B r B < 10% impervious surfaces F C r C r C Confined animal operations (or other local, concentrated source of pollutants) F D r D r D >_ 20% coverage of pasture F E r E r E >_ 20% coverage of agricultural land (regularly plowed land) F F r F r F >_ 20% coverage of maintained grass /herb F G r G r G ? 20% coverage of clear -cut land F H r H r H Little or no opportunity to improve water quality Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area. Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric 7a. Is assessment area within 50 feet of a tributary or other open water? (: Yes r No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of the wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is weltand? Descriptor E should be selected if ditches effectively bypass the buffer. r A >_ 50 feet r B From 30 to < 50 feet r C From 15 to < 30 feet r D From 5 to < 15 feet r E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels /braids for a total width. C <- 15 -feet wide r > 15 -feet wide r Other open water (no tributary present) 7d Do roots of assessment area vegetation extend into the bank of the tributary/open water? (' Yes (: No 7e. Is tributary or other open water sheltered or exposed? r. Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic. (- Exposed - adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area - wetland type /wetland complex metric (evaluate for riparian wetlands only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment areas (WC). See User Manual for WT and WC boundaries. WT WC r A r A >_ 100 feet (' B (- B From 80 to < 100 feet r C C C From 50 to < 80 feet r D r D From 40 to < 50 feet (- E r E From 30 to < 40 feet (: F (: F From 15 to < 30 feet r G f G From 5 to < 15 feet (" H (" H < 5 feet 9. Inundation Duration — assessment area condition metric Answer for assessment area dominant landform. (: A Evidence of short- duration inundation (< 7 consecutive days) ( B Evidence of saturation, without evidence of inundation {' C Evidence of long- duration inundation or very long- duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition —assessment area condition metric Consider recent deposition only (no plant growth since deposition). (: A Sediment deposition is not excessive, but at approximately natural levels. r B Sediment deposition is excessive, but not overwhelming the wetland. (— C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type /wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear -cut, select "K" for the FW column. WT WC FW (if applicable) r A C A C A ? 500 acres r B r B r~ B From 100 to < 500 acres r C r C r C From 50 to < 100 acres r D r D r D From 25 to < 50 acres r~ E r E r E From 10 to < 25 acres {" F r~ F r F From 5 to < 10 acres (' G C G r G From 1 to < 5 acres r H r H r H From 0.5 to < 1 acre (: I r+ I r I From 0.1 to < 0.5 acre r r'J r From 0.01 to < 0.1 acre (` K (` K r~ K < 0.01 acre or assessment area is clear -cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) r A Pocosin is the full extent (? 90 %) of its natural landscape size. (` B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and /or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely (- A r A >_ 500 acres r B (' B From 100 to < 500 acres €- C ( C From 50 to < 100 acres r" D (: D From 10 to < 50 acres r E (- E < 10 acres r F r F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. C Yes (` No Wetland type has a surface hydrology connection to open waters /stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non - forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. (: A No artificial edge within 150 feet in all directions r~ B No artificial edge within 150 feet in four (4) to seven (7) directions r~ C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear -cut 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) C A Vegetation is close to reference condition in species present and their proportions Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. C B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. r" C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in at least one stratum 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) (? A Vegetation diversity is high and is composed primarily of native species ( <10% cover of exotics) C B Vegetation diversity is low or has > 10% to 50% cover of exotics. r'° C Vegetation is dominated by exotic species ( >50% cover of exotics). 17. Vegetative Structure — assessment area /wetland type condition metric 17a. Is vegetation present? (: Yes r No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. r A >_ 25% coverage of vegetation r B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o(: A {: A Canopy closed, or nearly closed, with natural gaps associated with natural processes `m t^ B C B Canopy present, but opened more than natural gaps v Ir' C r C Canopy sparse or absent o r A r A Dense mid - story/sapling layer u? (: B f+' B Moderate density mid - story/sapling layer r C (" C Mid - story/sapling layer sparse or absent r A (— A Dense shrub layer L { B r B Moderate density shrub layer (: C (: C Shrub layer sparse or absent r A r A Dense herb layer r B r B Moderate density herb layer {: C f+ C Herb layer sparse or absent 18. Snags — wetland type condition metric r A Large snags (more than one) are visible (> 12- inches DBH, or large relative to species present and landscape stability). (: B Not A 19. Diameter Class Distribution — wetland type condition metric ;: A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. r B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 -inch DBH. r C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric Include both natural debris and man - placed natural debris r A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). f; B Not A 21. Vegetation /Open Water Dispersion — wetland type /open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ('A (`B (`C ('D �) 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man -made berms, beaver dams, and stream incision. �' A Overbank and overland flow are not severely altered in the assessment area. C B Overbank flow is severely altered in the assessment area. r C Overland flow is severely altered in the assessment area. r D Both overbank and overland flow are severely altered in the assessment area. EEP LETTER OF RESERVATION AkT TWA T�A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Grey Methven Standard Pacific Homes of the Carolinas, LLC 100 Perimeter Park Drive Suite 112 Morrisville, NC 27506 Project: James Street Station Subdivision Michael Ellison, Director Ecosystem Enhancement Program April 8, 2014 John E. Skvarla, III Secretary Expiration of Acceptance: October 8, 2014 County: Wake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP 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 NCEEP will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011 -343. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit /401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Impact River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non - Riparian Coastal Marsh Cape Fear 03030004 0 0 0 0.642 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, I�Z� SVILC James. B t nfill Asset Management Supervisor cc: Karen Higgins, NCDWR Wetlands /401 Unit James Lastinger, USACE- Raleigh Jennifer Burdette- NCDWR Wetlands /401 Unit Troy Beasley, agent File 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919- 707 -89761 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper ADJACENT PROPERTY OWNER EXHIBIT & INFO GRAPHIC SCALE 0 100 200 1 inch = 200 ft. 12 11 10 L13 g, Salem Street (pld US 11 Railroad Track 9 1 X n W VX N O) L O) d E m 7 6 3 SEE ATTACHED LIST FOR NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNERS 5 JAMES STREET STATION ADJACENT PROPERTY OWNER INFO WITHE ENGINEERS I 9aAVENEL 1 �LANMlRR 1 SURVEYORS Ape Wake C.unly North Carolina WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS Adjacent Property Owner Information (See Adjacent Property Owner Exhibit for Reference Numbers) 1) PIN 0741073233 9) PIN 0741271665 CJS Apex Assemblage, LLC Charlie Evans Heirs 2321 Blue Ridge Road No Address Listed on Wake County Suite 101 iMaps. Raleigh, NC 27607 2) PIN 0741065611 10) PIN 0741178889 Standard Pacific of the Carolinas, LLC George William Thompson Heirs 1100 Perimeter Park Drive C/O Walter A. Thompson Suite 112 3401 Central Heights Road Morrisville, NC 27560 Goldsboro, NC 27534 3) PIN 0741155913 11) PIN 0741176996 A. T. Seymour, Jr. Jennifer Miller & Michael F. Miller 107 S. Salem Street 6 Somerset Lane Apex, NC 27502 Old Lyme, CT 06371 4) PIN 0741261195 12) PIN 0741184020 Westhaven Townhomes HOA Jennifer A Quick 6739 Falls of Neuse Road 800 S. Salem Street Raleigh, NC 27615 Apex, NC 27502 5) PIN 0741261618 13) PIN 0741171783 Isoline M. Byrd Peggy B. Upchurch 117 James Ext. Street 808 S. Salem Street Apex, NC 27502 Apex, NC 27502 6) PIN 0741261811 Albert Byrd Heirs 115 James Ext. Street Apex, NC 27502 7) PIN 0741261922 Albert Byrd Heirs 8) PIN 0741272284 Wake Co. Board of Education Re: Services Director 1551 rock Quarry Road Raleigh, NC 27610 1410 Commonwealth Drive, Suite ioi Wilmington, North Carolina 28403 tel: 910- 256 -9277 fax: 910- 256-2584 www.withersravenel.com WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS 1410 Commonwealth Drive, Suite ioi Wilmington, North Carolina 28403 tel: 910- 256 -9277 fax: 910- 256-2584 www.withersravenel.com IMPACT EXHIBITS J W Z w Q a: w 00 0 N d Q H O Cl C _O d y U U 0 GO E I a N I rn 0 0 I I 2 QQ- YZ� �L Uj g Z' � ! 7M 6A� � %� -11 ZZ 4 rq) SCALE: I'm 200' \ EXISTING WETLANDS 1 IEXISTI ETLAND9 1 MIN EY W Y 1 1 I I I I IMPACTS #1 & #2 I - Li I� _L_-_ C WETLANDS VV� 7=1 _ TIM GEN ROAD -� -� � r PROPERTY OWNER —NEW FREEDOM VENTURES II, LLC NOTES: - STANDARD PACIFIC HOMES Designer w &R 1600 PERIMETER PARK DR. WETLANDS CERTIFIED BY USACOE UNDER ACTION ID: SAW- 2012 - 01386, OCTOBER 30, 2013. 26,219.52 MORRISVILLE, NC 27560 WETLANDS SURVEYED BY WITHERS & RAVENEL, INC., 2013. 0.034 104 JAMES STREET EXTENSION 27,683.26 120 JAMES STREET EXTENSION 0 JAMES STREET EXTENSION Impact Justification Statement 0 JAMES STREET EXTENSION 0 JAMES STREET EXTENSION The purpose of these proposed wetland impacts is to install infrastructure 0 NCPINS necessary to support the construction of a new residential subdivision in 0 the Town of Apex. Due to the location of the existing wetlands, impact 0741.09 -16 -5320 avoidance cannot be achieved, but will be minimized to the most 0741.09 -16 -8395 TOTAL SITE ACREAGE practical extent possible. All construction shall be in accordance with the Town of Apex, NCDENR, 4 NCDWR and USACOE applicable standards and specifications. V 1 IEXISTI ETLAND9 1 MIN EY W Y 1 1 I I I I IMPACTS #1 & #2 I - Li I� _L_-_ C WETLANDS VV� 7=1 _ TIM GEN ROAD -� -� � r PROPERTY OWNER —NEW FREEDOM VENTURES II, LLC PROPERTY DEVELOPER - STANDARD PACIFIC HOMES Designer w &R 1600 PERIMETER PARK DR. Acres SUITE 125 26,219.52 MORRISVILLE, NC 27560 PROJECT ADDRESSES -100 JAMES STREET EXTENSION 0.034 104 JAMES STREET EXTENSION 27,683.26 120 JAMES STREET EXTENSION 0 JAMES STREET EXTENSION 0 JAMES STREET EXTENSION 0 JAMES STREET EXTENSION Checked By Dw APEX, NORTH CAROLINA NCPINS 0741.09 -17 -5423 0741.09 -17 -5283 0741.09 -16 -5856 0741.09 -16 -5320 0741.09 -16 -8597 0741.09 -16 -8395 TOTAL SITE ACREAGE - 32.91 ACRES PRELIMINARY NOT FOR RECORDING OR CONSTRUCTION WETLAND IMPACT SUMMARY Impact 4 Permanent Wetland Impact Designer w &R Square Feet Acres 1 26,219.52 0.602 2 6i]E 1,463.74 0.034 Drawn By RSF 27,683.26 0.636 No. Reyisior Dote B Designer w &R Scale 1° =200 JAMES STREET STATION TOWN OF APEX WAKE COUNTY NORTH CAROLINA OVERALL SITE PLAN WITH WETLAND IMPACTS WITHERS & RAV E N E L ENGINEERS 1 PLANNERS 1 SURVEYORS 115 MocKenon Drive Cory. North Carolina 27511 tel: 919- 469 -3340 www.withemrovenel.com License No. C -0832 Sheet No. 1 Of Drawn By RSF Date 4/8/2014 Checked By Dw Job No. 2110169.00 -- IMPACT #1 , --- - -" -- ----- -- PERMANENT WETLAND IMPACT - 26219.52 S9. FT. (0.602 ACRES) k - � 5 S1REE� W TLAND - - D AINED POND , i I Z I o I o _ 4fD I S- i - -. - -� i I 7 E N 1 JURISDICTIONAL WETLAND IMPA 42 PER ANENT ND IMPACT 1 A63J4 SQ. FT ACRES) ° 50 100 200 PRELIMINARY DATE: 41812014 NOT FOR RECORDING OR CONSTRUCTION SCALE: V - 50' 2 of 2 WITHERS RAV E N E L JAMES STREET STATION WETLAND IMPACTS #1 & #2 ENGINEERS 1 PLANNERS I SURVEYORS 115 MccKenan Drive Cary, North Carolina 27511 tel: 919 - 469 -3340 www.withersrovenel.com License No. C -0832 TOWN OF APEX WAKE COUNTY NORTH CAROLINA