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HomeMy WebLinkAbout20081123 Ver 3_401 Application_20140521WITHERS & 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 ® Attached ❑ Prints ❑ Change order DATE 5/19/14 JOB NO 02130241.00 ATTENTION Ms. Karen Higgins PHONE # 919-807-6363 RE Brook Manor — Lot 11— Holly Springs, Wake Co. After the Fact NWP 18 PCN Submittal 02130241.00 After the Fact NWP 19 PCN 1 5/19/14 021302 1.00 ❑ Under separate cover via ❑ Plans ❑ Samples ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 5 5/19/14 02130241.00 After the Fact NWP 19 PCN 1 5/19/14 021302 1.00 Check for $24o Application Fee 1 5/19/14 02130241.00 CD of PCN 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: COPYTO: File SIGNED: Troy Beasley If enclosures are not as noted, kindly notify us at once. WITHERS RAVENEL May 19, 2014 US Army Corps of Engineers Regulatory Field Office Mr. James Lastinger 3331 Heritage Trade Drive Suite soy 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: Brook Manor — Lot 11 After the Fact NWP 18 PCN Submittal Corps AID: SAW -2oo8 -01748 W &R Project #02130063.00 Dear Mr. Lastinger and Ms. Higgins, On behalf of K. Hovnanian Homes at Brook Manor, LLC, we are requesting After - the -Fact authorization from the USACE to use NWP 18 for 0.03 acres of permanent wetland impacts for construction of Lot 11 within the Brook Manor Subdivision. We are also requesting an After - the -Fact 401 WQC from NCDWR for the above referenced impacts. Please note that there were no impacts to Neuse River Riparian Buffers. Lot 11 is 0.33 acres in size and is located at 141 Ulverston Drive in the Brook Manor Subdivison in Holly Springs, Wake County (Latitude: 35.6483 1N; Longitude: - 78.8125 °W). The project is located in the Neuse River basin and onsite waters drain to Sunset Lake /Middle Creek. The Water Quality Classification for Middle Creek is C;NSW and the Stream Index Number is: 27-43-1541)• The cataloging unit for the site is 03020201. Proiect Histo The Brook Manor subdivision was issued a statutory NWP 29 (SAW - 2oo8 - 01748) for 20 if of temporary stream impacts for construction of a sewer line to service the subdivision. A copy of the Corps' email, dated 6/5/09, confirming the statutory status of the NWP 29 has been provided as an Appendix. The Jurisdictional Determination for onsite wetlands and streams was approved in conjunction with the statutory NWP 29. The Brook Manor subdivision was foreclosed on by the bank during the recent recession. K. Hovnanian Homes at Brook Manor, LLC purchased Lot 11 from the bank, and began construction. Lot 11 has a significant drop in elevation from the front to back (so' +), and requires a large amount of fill to level the lot for construction of the house. The original design for Lot 11 proposed very steep back slopes to return lot fill to natural grade. The steep back slopes would result in erosion of the back slopes and sedimentation of the adjacent wetlands and stream. The design of Lot 11 was modified to push the fill slope 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 Brook Manor — Lot 11 further north to decrease the slope of the back slopes. During the clearing of Lot 11, the contractor inadvertently cleared approximately 15 if into the wetlands at the northern lot line, resulting in unauthorized wetland impacts. Once the unauthorized wetland impacts were realized, K. Hovnanian Homes contact NCDWR and a Notice of Violation was issued. Withers & Ravenel conducted a site visit on April 16, 2014 to review the unauthorized impacts. In conversations with James Lastinger with the Corps and Sarah Knies with NCDWR, it was determined that the best course of action to resolve the Violation would be to permit the unauthorized wetland impacts under an After- the -Fact NWP 18. Proposed Impacts The proposed impacts consist of 0.03 acres of permanent wetland impacts to allow for the fill limits to be pushed further north to allow for less steep back slopes to return lot fill to natural grade. The less steep back slopes will prevent erosion of the back slopes and prevent sedimentation of adjacent wetlands and stream. Avoidance and Minimization The Brook Manor Subdivision has only had temporary stream impacts from construction of utility lines to service the subdivision. The proposed 0.03 acres of permanent wetland impacts are necessary to reduce the grade of the back slopes on Lot 11 in order to prevent erosion and sedimentation of adjacent wetlands and stream. Mitigation Stream Mitigation The applicant proposes to mitigate for the 269 if of permanent stream impacts at 2:1 ratio by purchasing a total of 538 if of stream mitigation credits. W &R contacted mitigation banks within the Cape Fear 0303002 basin, and Restoration Systems, LLC was the only mitigation bank with stream credits available. However, Restoration Systems, LLC only had 448 if of stream credits available within the Cripple Creek Stream & Wetland Mitigation Bank. Therefore, the applicant will provide the 538 if of stream mitigation through the purchase of a combination of 487 if of stream credits from Restoration Systems, LLC and 51 If of stream credits from EEP. Copies of the Letters of Availability from Restoration Systems, LLC and EEP have been provided as an Appendix. W &R acknowledges that NCDWR considers the 30 if of temporary stream impacts from the rip -rap dissipaters (Impacts #4 & #8) to be permanent stream impacts, bringing the total permanent stream impacts to 299 If. However, NCDWR requires stream mitigation at a 1:1 ratio, and therefore the proposed 538 if of stream mitigation satisfies the NCDWR mitigation requirements and no additional stream mitigation is proposed for the 30 if of stream impacts associated Impacts #4 & #8. WITHERS , RAVENEL Page 2 of 3 ENGINEERS I PLANNERS I SURVEYORS Brook Manor — Lot 11 Wetland Mitigation Since the proposed permanent wetland impacts are less than o.10 acres, no mitigation is proposed. The current request is for 0.03 acres of permanent wetland impacts for construction of Lot 11 in the Brook Manor Subdivision (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information to complete your review. Sincerely, Troy Beasley Environmental Scientist Attachments: • PCN Form • Agent Authorization • Aerial Photos • USGS Quad • Wake County Soil Survey • Corps Email Documenting Statutory Status of NWP 29 (6/5/09) • Impact Exhibit WITHERS , RAVENEL Page 3 of 3 ENGINEERS I PLANNERS I SURVEYORS 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 10 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: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® 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. ❑ Yes N 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: Brook Manor — Lot 11 2b. County: Wake 2c. Nearest municipality / town: Holly Springs 2d. Subdivision name: Brook Manor 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: K. Hovnanian Homes at Brook Manor, LLC 3b. Deed Book and Page No. Book: 015503; Page: 02002 3c. Responsible Party (for LLC if applicable): Ryan Foley 3d. Street address: 3333 Regency Parkway 3e. City, state, zip: Cary, NC 27518 3f. Telephone no.: 919 - 264 -4817 3g. Fax no.: 3h. Email address: rfoley @khov.com Page l of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 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 - 256 -9277 5f. Fax no.: 910 - 256 -2584 5g. Email address: tbeasley @withersravenel.com Page 2 of 10 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 0659506983 1 b. Site coordinates (in decimal degrees): Latitude: 35.6483 Longitude: - 78.8125 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: 0.33 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Sunset Lake /Middle Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C;NSW 2c. River basin: Neuse 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 site consists of a cleared lot within a residential subdivision which is currently under construction. The general land use in the vicinity consists of a mixture of residential and commercial development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.08 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to install lot fill for required grades to construct a residential dwelling on Lot 11. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of the installation of fill on Lot 11 sufficient for required grades necessary to construct a residential dwelling on Lot 11. Standard commercial construction equipment will be used. 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: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps issued a Jurisdictional Determination for the onsite wetlands in conjunction with issuance of a NWP 29 for temporary wetland stream impacts for installation of a sewer line to service the Brook Manor Subdivision (SAW 2008- 01748) 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. The Corps issued a NWP 29 in 2008 via email dated 6/5/09 for the Brook Manor subdivision for temporary stream impacts for installation of a sewer line to service the subdivision (SAW 2008 - 01748). A copy of the Corps email has been provided as an Appendix. There have been no permanent impacts associated with the Brook Manor subdivision, and there have been no other permits requested or issued specifically for Lot 11. Page 3 of 10 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 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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 Fill Headwater ® Yes ® Corps 0.03 acres El El Forest El No ® DWQ 2g. Total wetland impacts 0.03 acres 2h. Comments: Proposed wetland impacts will occur as a result of the back slopes needed to return lot fill to natural grade at a slope that will not result in erosion of the slope and sedimentation of the downstream wetlands and stream. 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 4f. Total open water impacts 4g. Comments: Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 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 5L 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 F-1 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 ❑ Yes ❑ No B2 ❑P ❑T F-1 Yes ❑ No B3 ❑P ❑T F-1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: The unauthorized wetland clearing did not result in impacts to Neuse River buffers. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts within the Brook Manor subdivision were previously minimized to temporary impacts for utility lines and there have been no permanent impacts. Lot 11 has a significant change in elevation from the front to back (10' +), and requires a large amount of fill to level the lot for construction of a house. The original design for Lot 11 had extremely steep back slopes to return lot fill to existing grade which would result in heavy erosion of the back of the lot and sedimentation of adjacent wetlands and offsite stream. In order to reduce the severe back slope on Lot 11, the contractor planned on reducing the grade of the back slopes by pushing the edge of fill further north. The proposed 0.03 acres of wetland impact proposed in the application will allow the lot fill to be returned to grade with a less steep back slope, thereby preventing erosion of the back slope and sedimentation of the adjacent wetlands and stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing has been installed around the disturbed areas, including the cleared wetlands, to prevent sediment from escaping into the adjacent wetlands and stream. Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 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 El 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: 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. 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 7 of 10 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. Comments: Lot 11 was included in the overall Stormwater Management Plan for the ❑ Yes ® No Brook Manor Subdivision, and diffuse flow is not specifically required on Lot 11. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A % 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: Lot 11 is included in the overall Stormwater Management Permit for the Brook Manor subdivision, and specific stormwater management is not required on Lot 11. ❑ 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? ❑ 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? A Stormwater Management Permit was previously issued for the Brook Manor ❑ Yes ® No subdivision and stormwater management approval specific to Lot 11 is not required. Page 8 of 10 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 213 .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): During the clearing of Lot 11, the site contractor inadvertently cleared approximately 15 If into the wetland adjacent to the northern lot line to allow for additional area to return lot fill to natural grade at a more gentle slope. Once the unauthorized wetland impacts were realized, K. Hovnanian Homes self reported to NCDWR. Through coordination with James Lastinger with the Corps and Sarah Knies with NCDWR, it was determined that the best course of action of resolution of the violation would be to permit the unauthorized wetland impacts under an After - the -Face NWP 18. 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 consists of a lot within an existing subdivision and is not anticipated to be a catalyst for future development. 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. Holly Springs Sanitary Sewer Page 9 of 10 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 endangered species within the Apex Quadrangle Map. The review of the NHP database did not identify any known occurrences of federally listed threatened or endangered species or critical habitat within the Apex Quadrangle. During the site review, there was no potential habitat for federally listed species observed within or adjacent to Lot 11. 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 classified as EFH in Wake County. 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. The database review did not identify any known resources within or in the vicinity of the proposed project. 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 — Withers & Ravenel --75-1 � Authorized Agent 5/19/14 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 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION WIT ENEL EN(,IItFIN'. 1 >i!ANttFP', AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner KHovnanian Homes (Client) does hereby appoint Withers & I Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state ant environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water NC Division of Coastal Management, local municipalities, etc.) for: a) review and approv jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian etc ") and/or, b) preparation and submittal of appropriate environmental applications /requests for the Brook Manor Violation Resolu ot# , The Client does hereby authorize that said agent has the authority to do the following acts behalf of the owner: (1) To submit appropriate requests/applications and the required suppler materials, (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environm review by appropriate regulatory agencies This authorization shall continue in effect until completion of the contracted task or terrain the Client. Agent's Name, Address & Telephone: Troy Beasley / Withers & Ravenel, Inc- 1410 Commonwealth Drive Suite 101 Wilmington NQ 28 403 Tel (910) 256 -9277 Date: Y/J///) Sig_ nature of Client: (Name Print) (Title) C ignature) Mailing Addre city State Zip Phone: 9 /� —6�6c1 —L /lj�1 7 Email: C_ C� k .-.1_. c_c:_ 115 MacKenan Drive I Cary, INC 275111 tel.: 919.469.3340 fax: 919.467.6008 V www.withersravenel.com I, License No. C-0832 1414 Commonwealth Drive I 'Suite 1011 Wilmington, NC 28403 1 tel: 910.256,92771 fax: 910.256.2584 7411 Albert pick Road I Suite G 1 Greensboro, SIC 274091 tel: 336.605.30091 !Fax: 919.467.6008 0' AERIAL PHOTOS Pty r;gkF 040 • .3 Y t . T BROOK MANOR - LOT 11 AERIAL PHOTO - OVERALL WITHERS RAVENEL ENGINEERS 1 PLANNERS I SURVEYORS HOLLY SPRINGS WAKE COUNTY NORTH CAROLINA WETLANDS %l �[ "� •v w -� v w w/ ev 1 •v •v •v .v •.� 50' N RB I sy e. LOT 1 BOUNDARY d 1 f' T - BROOK MANOR - LOT 11 WETLAND LOCATION EXHIBIT WITHERS RAVENEL ENGINEERS I PLANNERS I SURVEYORS HOLLY SPRINGS WAKE COUNTY NORTH CAROLINA USGS QUAD & WAKE CO. SOIL SURVEY GRAPHIC SCALE o ioo zoo 1 inch = 200 ft. r w. OF w • +M !► 46 s,* 11 Am BROOK MANOR -LOT 11 USGS QUAD -APEX WllTHERS &— IRAVENEL ENGINEERS 1 PLANNING 1 SURYIYORS 1.160 LY WRINGS WAKE COUNIy NOR H CAN( It I %. r GRAPHIC SCALE 0 100 200 inch = 200 Ft, r - , d y —AWL, a 11 BROOK MANOR - LOT 11 CINGS A'Aa tCa LiNfY ti'URI }t WAKE CO. SOIL SURVEY SHEETS 83 &90 LUD4 �w WITHERS RAVENEL INGINIIII 1 PLANNERS I fUIYITOIl CORPS EMAIL DOCUMENTING STATUTORY NWP 29 Kendall, Trina From: Kendall, Trina Sent: Wednesday, June 13, 2012 1:55 PM To: Canfield, Jim Subject: FW: Brook Manor Subdivision 2008 -01748 - - - -- Original Message---- - From: Todd Preuninger Sent: Friday, June 05, 2009 1:22 PM To: Jim Canfield Subject: FW: Brook Manor Subdivision 2008 -01748 You're good to go on brook manor - we've got approval from DWQ and USACE todd - - - -- Original Message---- - From: Amschler, Crystal C SAW [mailto: Crystal .C.Amschler @usace.army.mil] Sent: Friday, June 05, 2009 1:20 PM To: Todd Preuninger Subject: FW: Brook Manor Subdivision 2008 -01748 Todd, On July 18, 2008, we received the PCN for the Brook Manor Subdivision project. Due to workload and staffing constraints, we were unable to provide timely formal written verification for impacts proposed in your preconstruction notification application (PCN). Nation Wide Permit General Condition 27, which lists the notification requirements for nationwide permits, states that the prospective permittee shall not begin the activity until either: "(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) Forty -five calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer." Accordingly, on September 1, 2008, the Bass Lake Estates, LLC was authorized to conduct the work associated with construction of the residential subdivision, under nationwide permit number 29, and as proposed in the Preconstruction Notification, received July 18, 2008. The authorized work involves the construction of a utility line that results in temporary impacts to 20 if of perennial stream channel. I have attached a copy of the applicable permit conditions. The expiration date for the permit authorization is September 1, 2010. Please note that your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the permit conditions and your submitted plans. Any violation of the conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or appropriate legal action. Also note that your work is authorized until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and /or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and /or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Please let me know if you have any questions regarding this verification, or any of the conditions of the permit. Thank you, Crystal C. Amschler Regulatory Specialist US Army Corps of Engineers Raleigh Regulatory Field Office (919)- 554 -4884 ex. 27 r r SITE DATA OVERALL AREA 60 0 ACRES PIN NUMBER 0659.04 -50 -6596 ''i /� I �r- • P i ''. �; R PROPOSED ZONING R -10 r r _ : . �R ;e "t I r i 1 I '`�••�i i �,` r < 5�cr�r�. 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SEWER f J I f 4r �/ Q` i awl a y �i r i f r.L X-0 d 1 I d f � 1 � I f PROPOSED SANITARY SEWER i i ..' - 3 BROOK MANOR SUBDIVISION HOt I_Y SPRINGS WAKL COLiNTY NORTH I_INA 82 BUFFER IMPACT MAP IMPACT KEY ElZONE 1 NRB IMPACTS - PERMANENT ZONE 2 NRB IMPACTS - PERMANENT f STREAM IMPACTS - PERMANENT FIGURE# PROPOSED BUFFER IMPACTS r STREAM ZONE1 ZONE2 S F) I (AQ I (S F) I (AC) (LF) (S 2 1,219 0.0280 I 20 503 I ..' - 3 BROOK MANOR SUBDIVISION HOt I_Y SPRINGS WAKL COLiNTY NORTH I_INA 82 BUFFER IMPACT MAP IMPACT KEY ElZONE 1 NRB IMPACTS - PERMANENT ZONE 2 NRB IMPACTS - PERMANENT f STREAM IMPACTS - PERMANENT FIGURE# PROPOSED BUFFER IMPACTS BUFFER- PERMANENT STREAM ZONE1 ZONE2 S F) I (AQ I (S F) I (AC) (LF) (S 2 1,219 0.0280 52l 0.0120 20 503 I GRAPHIC SCALE 111 0 15 30 > yo0i t ir>ch - 30 ft. WITIAERS &— RAYENEL " INQIN#[Rf I PLANNaRf 3 fURYEY01E! IMPACT EXHIBIT GRAPHIC SCALE IMPACT EXHIBIT A 0 80 160 1 inch = 160 ft. �0 5A; J�J PJ �P Q 84SS 4qk R0g0 BROOK MANOR - LOT 11 IMPACT EXHIBIT -OVERALL ENGINEERS WITHERS I 12AVENEL I PLANNERS I SURVEYORS IOI. LY SPRINGS WAKE COUNTY NORTH CAROLINA 50' NRB J •�► �Lw w w w w ,�,� / w w IMPACT #1 0.03 ACRES WETLAND LIMITS L 1 GRAPHIC SCALE o so loo 1 inch = 100 ft. BROOK MANOR - LOT 11 IMPACT EXHIBIT A WITHERS &- RAVENEL ENGINEERS 1 PLANNERS 1 SURVEYORS