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HomeMy WebLinkAbout20220518 Ver 1_More Info Received_20220812Strickland, Bev From: Beasley, Troy <TBeasley@withersravenel.com> Sent: Friday, August 12, 2022 3:16 PM To: Homewood, Sue; Norton, April R CIV USARMY CESAW (USA) Subject: [External] Legacy Cary - NCDWR Request for Additional Information (SAW-2018-02111/NCDWR Proj #20110518) - Additional Info Submittal Attachments: Legacy Cary -Response to Request for Additional Information_2022-08-12.pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Sue/April, Attached is our response with the requested additional info. Please note that I have included the following: • An updated PCN form • Revised Wetland Impact Maps (8/04/2022) that include the additional secondary impacts to Wetland K (Impact W12), • The final Stream Impact Maps (6/20/2022) — there were no changes. I'm just including them so that you have the final version of both impact maps in one submittal • Updated NCDMS Letter of Acceptance — the addition of the secondary impacts to Wetland K (W12) resulted in the wetland mitigation increasing from 0.996 acres to 1.06 acres, and the applicant will provide 1.1 acres of wetland mitigation. Please let me know if you have any additional questions to complete your review. Thank you both for your help with this project. Troy Beasley 0 ZZ, e ..,ry.Mkro.ao{e prevented ...mak download .{1.oi,.rffi..nternu. 219 Station Road, Suite 101 I Wilmington, NC 28405 Office: 910.256.9277 I Direct: 910.509.6512 Mobile: 910.622.0122 tbeasley@withersravenel.com CONFIDENTIALITY AND NONDISCLOSURE From: Homewood, Sue <sue.homewood@ncdenr.gov> Sent: Monday, July 25, 2022 1:04 PM To: Beasley, Troy <TBeasley@withersravenel.com> 1 Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline Thank you Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue.Homewood@ncdenr.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 From: Beasley, Troy <TBeasley@withersravenel.com> Sent: Monday, July 25, 2022 1:01 PM To: Homewood, Sue <sue.homewood@ncdenr.gov>; Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Sue, My apologies for overlooking noting Stream 2 as perennial in the PCN in my last submittal. I'll correct this and resubmit. In regards to potential secondary impacts to Wetland E, there is approximately 0.06 acres of Wetland E remaining undisturbed. I will have the impact maps updated to show this area as secondarily impacted. I'll also prepare a revised PCN form that includes the additional permanent secondary impact to Wetland E, along with a cover letter explaining the revisions and include an updated mitigation table. I hope you have this submitted by the end of the week. Thanks! Troy Beasley 219 Station Road, Suite 101 1 Wilmington, NC 28405 Office: 910.256.9277 1 Direct: 910.509.6512 Mobile: 910.622.0122 tbeasley@withersravenel.com 2 CONFIDENTIALITY AND NONDISCLOSURE From: Homewood, Sue <sue.homewood@ncdenr.gov> Sent: Monday, July 25, 2022 9:30 AM To: Beasley, Troy <TBeasley@withersravenel.com>; Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline Troy, Thank you for submitting such a comprehensive response to our requests for additional information. The detail, including going back out to the site to re-evaluation the streams, is greatly appreciated. I have just a couple more items: 1. Your submittal indicates that Stream 2 within the impact area is now a perennial stream, however the updated PCN stream impact table lists it as intermittent. Just so that we don't have conflicting info in our file, would you please update just the table and send me a corrected page. 2. Now that the impacts to Wetland E are better quantified, I'm concerned that a small area above the impacts will become isolated such that there will be a loss of function. I propose that you include these impacts as indirect impacts and update the application accordingly. 3 Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue.Homewood@ncdenr.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 4 From: Beasley, Troy <TBeasley@withersravenel.com> Sent: Tuesday, July 5, 2022 10:05 AM To: Homewood, Sue <sue.homewood@ncdenr.gov>; Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. April/Sue, I just realized that I didn't attach the revised NCDMS LOA for the updated mitigation. Please refer to the attached as the correct mitigation LOA. Troy Beasley 219 Station Road, Suite 101 I Wilmington, NC 28405 Office: 910.256.9277 I Direct: 910.509.6512 Mobile: 910.622.0122 tbeasley@withersravenel.com CONFIDENTIALITY AND NONDISCLOSURE From: Beasley, Troy Sent: Wednesday, June 22, 2022 12:49 AM To: Homewood, Sue <sue.homewood@ncdenr.gov>; Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Cc: dboesch@gciresidential.com; Clark, Jim <jclark@withersravenel.com> Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline April/Sue, The formal response and all the attachments were 35 mb, which was too large to email. So I submitted the response through NCDWR's Project Submittal Interim Form as a "More Information Response" and noted that the information needed to be submitted to the USACE. I've attached the submission form for reference. Please let me know if you have any questions or require any additional information to complete your review. Thanks! 5 Troy Beasley 0 219 Station Road, Suite 101 I Wilmington, NC 28405 Office: 910.256.9277 I Direct: 910.509.6512 Mobile: 910.622.0122 tbeasley@withersravenel.com CONFIDENTIALITY AND NONDISCLOSURE From: Homewood, Sue <sue.homewood@ncdenr.gov> Sent: Thursday, June 16, 2022 4:14 PM To: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>; Beasley, Troy <TBeasley@withersravenel.com> Cc: dboesch@gciresidential.com; Clark, Jim <jclark@withersravenel.com> Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline DWR also approves the extension request. Thank you Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue.Homewood@ncdenr.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Sent: Thursday, June 16, 2022 3:46 PM To: Beasley, Troy <TBeasley@withersravenel.com>; Homewood, Sue <sue.homewood@ncdenr.gov> Cc: dboesch@gciresidential.com; Clark, Jim <jclark@withersravenel.com> Subject: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 6 The requested extension has been approved by the Corps. April R. Norton Regulatory Division US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 441-3637 Fax: (919) 562-0421 Email: April.R.Norton@usace.army.mil From: Beasley, Troy <TBeasley@withersravenel.com> Sent: Thursday, June 16, 2022 2:57 PM To: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>; Sue Homewood <sue.homewood@ncdenr.gov> Cc: dboesch@gciresidential.com; Clark, Jim <jclark@withersravenel.com> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline April/Sue, We are currently working on our formal response to the request for additional information letters. We have received comments from the Town of Cary that my slightly alter the impacts, which we are currently investigating. We want to be certain if any changes to the impacts are necessary before submitting our formal response. Therefore, we are requesting an extension of the response submittal deadline from 6/19/2022 to 6/24/2022 to allow time to evaluate Cary's comments and ensure that our response includes any revisions to the proposed impacts. Please respond confirming the extension of the response submittal deadline to 6/24/2022. Thanks for your help and please let me know if you have any questions. Troy Beasley 219 Station Road, Suite 101 I Wilmington, NC 28405 Office: 910.256.9277 I Direct: 910.509.6512 Mobile: 910.622.0122 tbeasley@withersravenel.com CONFIDENTIALITY AND NONDISCLOSURE From: Norton, April R CIV USARMY CESAW (USA) <Aprii.R.Norton@usace.army.mil> Sent: Thursday, May 19, 2022 12:05 PM To: Beasley, Troy <TBeasley@withersravenel.com> 7 Cc: dboesch@gciresidential.com Subject: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary Dear Troy Beasley, Please submit the requested information attached (via e-mail is fine) within 30 days of receipt of this Notification. Thank you, April Norton April R. Norton Regulatory Division US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 441-3637 Fax: (919) 562-0421 Email: April.R.Norton@usace.army.mil 8 MI WithersRavenel 1110 Our People. Your Success. August 12, 2022 US Army Corps of Engineers Raleigh Regulatory Field Office Ms. April Norton 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC -Division of Water Resources 401 & Buffer Permitting Unit Ms. Sue Homewood 1617 Mail Service Center Raleigh, NC 27699 Re: Legacy Cary (Twyla Rd) - USACE/NCDWR Request for Additional Information Response Cary, Wake County USACE AID: SAW-2018-02111 NCDWR Project #20220518 WR Project #02170857.10 Dear Ms. Norton and Ms. Homewood, This letter is in response to the NCDWR email dated 7/25/2022 requesting additional information. Below are the comments from the email and our responses: USACE Request for Additional Information Letter (5/19/2022) 1. Your submittal indicates that Stream 2 within the impact area is now a perennial stream, however the updated PCN stream impact table lists it as intermittent. Just so we don't have conflicting info in our file, would you please update just the table and send me a corrected page. The Stream Impact Table in the attached revised PCN form (dated 8/12/2022) has been updated to identify Stream 2 as a perennial stream. 2. Now that the impacts to Wetland E are better quantified, I'm concerned that a small area above the impacts will become isolated such that there will be a loss of function. 1 propose that you include these impacts as indirect impacts and update the application accordingly. The undisturbed portion of Wetland E located above the W1 & W11 impact areas has been assessed as an indirect secondary wetland impact and identified as Impact W12 (0.064 ac). The attached PCN, dated 8/12/2022, has been revised to include Impact W12 in the Wetland Impact Table, and the total wetland impacts have been updated which are: • Temporary Wetland Impacts - 0.031 ac • Permanent Wetland Impacts (Direct) - 0.481 ac • Permanent Secondary Impacts (Indirect) - 0.100 ac have attached the revised Wetland Impact Maps (dated 8/4/2022). For convenience, I have also attached the final Stream Impact Maps (dated 6/20/2022). 219 Station Road, Suite 101 I Wilmington, NC 28405 t: 910.256.9277 I www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington Legacy Cary - IP - Response to Requests for Additional Info Cary, Wake County 6/21/2022 WithersRavenel mow Our People. Your Success. Additional Information Updated Mitigation Plan Due to the additional permanent secondary impacts to Wetland K, Wetland K and indirect secondary impacts to Wetland J, the mitigation plan has been updated as noted in the following tables: Wetland Mitigation Proposed Direct Impact Requiring Mitigation Impact # Wetland Impacts (ac) W1 K 0.025 W2 E 0.020 W3 F 0.001 W4 J 0.233 W5 J 0.035 W7 J 0.009 W9 D 0.107 W11 K 0.051 Total Direct Impacts Requiring Mitigation 0.481 Proposed Secondary Impact Requiring Mitigation Impact # Wetland Impacts (ac) W6 J 0.004 W10 J 0.032 W12 K 0.064 Total Secondary Impacts Requiring Mitigation 0.100 Wetland mitigation for direct permanent impacts is proposed at a 2:1 ratio and mitigation for secondary indirect impacts is proposed at a 1:1 mitigation ratio. The proposed wetland mitigation is noted below. Proposed Wetland Mitigation Table (Revised) Impact Type Impacts Ratio Mitigation Proposed Permanent Wetland Impacts (Direct) 0.481 ac 2:1 0.962 ac Secondary Wetland Impact 0.100 ac 1:1 0.100 ac Total Wetland Mitigation Proposed 1.062 ac Page 2 of 4 Legacy Cary - IP - Response to Requests for Additional Info Cary, Wake County 6/21/2022 r. Our People. Your Success. WithersRavenel The total proposed mitigation is 1.062. The applicant proposes to provide the 1.062 acres wetland mitigation through the purchase of 1.1 acres of riparian wetland mitigation credits. WR contacted mitigation banks that service the Cape Fear 0303000206 basin (RES/Restoration Systems) to determine availability of wetland mitigation. Neither mitigation bank has enough wetland credits currently available to provide the total 1.1 acres of wetland mitigation even when combined. Both banks are expecting future releases of wetland credits prior to issuance of the 404/401 permits. In order to provide certainty that the applicant has the ability to provide the proposed 1.1 acres of wetland mitigation for the project, WR obtained a ILF Letter of Acceptance from NCDMS for the entire 1.1 acres of wetland mitigation proposed, which is attached. Prior to issuance of the 404/401 permits, WR will coordinate with the mitigation banks to determine what wetland credits are available at that time and will reserve as much wetland mitigation credits as possible within the banks and submit a mitigation proposal modification notification to the USACE and NCDWR specifying the wetland mitigation credits to be purchased from a mitigation bank, or combination of mitigation banks and NCDMS (if necessary) for the preparation of the MRTFs. Stream Mitigation As discussed in the original IP application, an NCSAM assessment was conducted for Stream 1 (intermittent) which determined that the functional value was "Low" due to the historic alterations during construction of Twyla Road. An NCSAM assessment was conducted for Stream 2 (perennial) which determined the functional value was "Low" due to the degradation of the stream from erosion. An NCSAM assessment was conducted for Stream 3 (intermittent) which determined the functional value was "High". Due to the "Low" functional value of Streams 1 & 2, the applicant proposes to mitigate for the 793 LF of permanent impacts to Stream 1 and 188 LF of permanent impacts to Stream 2 at a 1:1 mitigation ratio. The applicant proposes to mitigate for 106 LF of permanent impacts to Stream 3 at a 2:1 mitigation ratio. Proposed Stream Mitigation Table (Revised) Impact Type Impacts Ratio Mitigation Proposed Stream 1 Impacts (Intermittent) 793 LF 1:1 793 LF Stream 2 Impacts (Perennial) 188 LF 1:1 188 LF Stream 3 Impacts (Intermittent) 106 LF 2:1 212 LF Total Mitigation Proposed 1,193 LF WR contacted mitigation banks that service the Cape Fear 0303000206 basin (RES/Restoration Systems) to determine availability of stream and wetland mitigation. Neither mitigation bank has enough stream or credits currently available to provide the total 1,193 LF of stream mitigation and 0.996 acres of wetland mitigation even when combined. Both banks are expecting future releases of stream credits prior to issuance of the 404/401 permits. In order to provide certainty that the applicant has the ability to provide the proposed 1,193 LF of stream mitigation and 0.996 acres of wetland mitigation for the project, WR obtained a ILF Letter of Acceptance from NCDMS for the entire stream and wetland mitigation proposed, which is attached. Prior to issuance of the 404/401 permits, WR will coordinate with the mitigation banks to determine what stream and Page 3 of 4 Legacy Cary - IP - Response to Requests for Additional Info Cary, Wake County 6/21/2022 11110 Our r r !c v'ur Success. WithersRavenel wetland credits are available at that time and will reserve as much stream mitigation credits as possible within the banks and submit a mitigation proposal modification notification to the USACE and NCDWR specifying the stream/wetland mitigation credits to be purchased from a mitigation bank, or combination of mitigation banks and NCDMS (if necessary) for the preparation of the MRTFs. Existing Driveway Culvert Removal in Stream 1 The applicant received comments from the Town of Cary requesting that an existing 30" x 12' long culvert within Stream 1 be removed. This is an old driveway culvert which is undersized and restricts flow during significant rain events due to its small size. This culvert is located in the northeastern portion of Stream 1, outside of our limits of disturbance and downstream of the Stream 1 impact area. This culvert is where Stream 1 transitions from intermittent to perennial. Per the Town's, the applicant will remove the culvert and restore an open channel. Once the culvert is removed, the channel will be graded to match the shape, size, and grades of the upstream/downstream portions of Stream 1. Removal of the culvert will be conducted during a period with no forecasted rainfall so that work can be done in the dry. Appropriate sediment & erosion control measures will be put in place to prevent sedimentation of the downstream waters, including placement of biodegradable jute matting on the banks. Please note that no matting will be placed on the stream bed. The removal of the culvert will only result in disturbance within the existing footprint of the culvert. Therefore, there will not be any temporary or permanent stream impacts associated with removal of the culvert and therefore no additional impacts have been included in the PCN form or revised Stream Impact Maps. We have noted the location of the culvert to be removed on the Stream Impact Maps and added a note specifying that the culvert will be removed to restore an open channel. Please feel free to call if you have questions or require additional information to complete your review of the application. Sincerely, WithersRavenel Troy Beasley Environmental Practice Area Lead Attachments: 1) Revised PCN Form 2) Revised NCDMS Letter of Acceptance for Wetland/Stream Mitigation (8/12/2022) 3) Revised Wetland Impact Maps (8/4/2022) 4) Final Stream Impact Maps (6/20/2022) 5) NCDWR Request for Additional Information Email (7/25/2022) Page 4 of 4 �■■ OurWithersRavenel People. Your Success. ATTACHMENTS ::WithersRavenel Our People. Your Success. REVISED PCN FORM (8/12/2022) NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. SAW-2018-02111 DWR project no. 20220518 v1 Site Coordinates: Latitude (DD.DDDDDD): 35.811562 Longitude (DD.DDDDDD): 78.888654 Form Version 1.5. September 2020 Date received: [Click to enter.] Date received: [Click to enter.] Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deq. nc.gov/WaterResou rces/0/edoc/624704/PCN%20He I p%20File%202018-1-30. pdf The help document may be found at this link: http://www.saw. usace.armv.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 8/30/2021 DWR ID # Click to enter. Version Click to enter. (If applicable) A. Processing Information County (counties) where project is located: Wake Additional (if needed). Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ❑x No Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. 1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 22 PCN Form - Version 1.5, September 2020 1 b. Permit type(s)? ❑ Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑x Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? • Yes ❑x No NWP number(s): Individual Permit RGP number(s): Click to enter. 1 d. Type(s) of approval sought from the DWR (check all that apply): * ❑ 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑x Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? El Yes ❑x No El Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 22 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? Troy Beasley — WithersRavenel — Authorized Agent 1 b. Primary Contact Email: tbeasley@withersravenel.com 1 c. Primary Contact Phone: (###)###-#### (910)509-6512 1 d. Who is applying for the permit/certification? all that apply) (check el Owner El Applicant (other than owner) 1 e. Is there an agent/consultant for this project? el Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Legacy Cary LLC 2b. Deed Book and Page No.: See attached Parcel/Owner Info 2c. Responsible Party (for corporations): Derek Boesch 2d. Address Street Address: 10720 Sikes Place Address line 2: #150 City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28277 Country: USA 2e. Telephone Number: (###)###-#### (980)262-6133 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * dboesch@gciresidential.com 3. Applicant Information (if different from owner) 3a. Name: Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 3 of 22 PCN Form - Version 1.5, September 2020 3f. Email Address: Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * Troy Beasley 4b. Business Name: WithersRavenel, Inc 4c. Address: * Street Address: 219 Station Road Address line 2: Suite 101 City: Wilmington State/ Province/ Region: NC Postal/ Zip Code: 28405 Country: USA 4d. Telephone Number: (###)###-#### (910)509-6512 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * tbeasley@withersravenel.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: httbs://www.saw. usace.armv. mil/Missions/Regulatorv-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 22 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: Legacy -Cary (Twyla Rd) 1 b. Subdivision name (if appropriate): Click to enter. 1 c. Nearest municipality/town: * Cary 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): See attached Parcel/Owner Info 2b. Property size (in acres): 36.42 2c. Project Address: Street Address: 1112 Twyla Road Address line 2: Click to enter City: Cary State/ Province/ Region: NC Postal/ Zip Code: 27519 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): 35.811562 Longitude (-DD.DDDDDD): -78.888654 3. Surface Waters 3a. Name of nearest body of water to proposed project: Panther Creek (Stream Index: 16-41-1-17-3) 3b. Water Resources Classification of nearest receiving water: S-IV;NSW The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apes/webappviewer/index.html?id=6e125ad7628f494694e259c8Odd64265 3c. In what river basin(s) is your project located?* Cape Fear Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: 0303000206 The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apes/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 5 of 22 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. 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 site consists primarily of mature forest. The project site previously contained several single family lots/dwellings and associated yards on both sides of Twyla Road prior to being purchased by the applicant. Twyla Road bisects the project site and currently is the only point of access to the project area, as well as privately owned property to the north and west of the project. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? El Yes ❑x No ❑Unknown 4c. If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): SAW-2018-02111 jClick to enter.] Attach any pertinent project history documentation 4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8% x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 1.2 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,587 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 0 acres 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a mixed -use, multifamily apartment complex and commercial/retail development to provide alternative housing options for people who want to live in the Town of Cary but cannot afford to purchase a home due to high real estate prices. . The applicant chose the Town of Cary as the desired location for the proposed project based on numerous factors including proximity/access to high paying jobs within Cary and surrounding municipalities, thriving social/entertainment scene, schools, access to various transportation networks, and other factors that make Cary a desirable place to live. The applicants market research determined that there is a deficit of affordable rental workforce housing within the Town of Cary. Additionally, the median home price within the Town of Cary is in excess of $600,000 (per www.Redfin.com on 6/17/2022) resulting in a significant barrier for entry into home ownership. The high home prices and deficit in affordable rental workforce housing makes the Town of Cary the ideal location for the proposed project. These levels of high real estate prices persist throughout Wake County. Based on current interest rates (5.91 %) on a 30-year mortgage with 20% down ($120,00), the monthly mortgage payment would be $2,850 per month before taxes and insurance. And interest rates continue to go up making the purchase of a home even more expensive. The current monthly cost of home ownership is more than 30% higher than the projected average rents for the proposed apartment complex. The proposed project will provide a garden style apartment community which will offer a quality home to the residents of Cary who cannot afford to purchase a home in Cary. Additionally, the proposed project is located 0.17 miles from the Morrisville Parkway/540 interchange, allowing residents immediate access to 540 to travel to various locations throughout the triangle and eliminating traffic congestion on smaller roads and thoroughfares within the Town of Cary. 4i. Describe the overall project in detail, including the type of equipment to be used: See PCN Cover Letter for details on the proposed project. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. Page 6 of 22 PCN Form - Version 1.5, September 2020 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? - Yes ❑ No ❑Unknown Comments: The wetland delineation for the proposed project was approved by the USACE in the Preliminary Jurisdictional Determination (SAW-2018-02111) dated 12/15/2021 which has been provided as an attachment to this application. 5b. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Troy Beasley Agency/Consultant Company: WithersRavenel Other: Click to CI Ile, 5c. If the Corps made a jurisdictional determination, what type of determination was made? ❑x Preliminary ❑ Approved ❑ Emailed Concurrence ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): ^,lick to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE issued a Preliminary Jurisdictional Determination (SAW-2018-02111) for the project area dated 12/15/2021 which has been provided as an attachment to this application. The Town of Cary issued a Buffer Determination Letter for the proposed project (TCRB 18-008) on 3/15/2019 which has been provided as an attachment to this application. 5d1. Attach jurisdictional determinations. Page 7 of 22 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. 'lick to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No Page 8 of 22 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory 1. Impacts Summary 1 a. Where are the impacts associated with your project (check all that apply): ❑x Wetlands ❑ Buffers ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Name 2d. Wetland Type 2e. Forested ? 2f. Jurisdiction Type* 2g. Impact Area (ac) W1 Choose one Temp/ Perm Click to enter Choose one Choose one Click to enter W2 Choose one Temp/ Perm Click to enter Choose one Choose one Click to enter W3 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W4 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W5 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W6 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Comments: See Wetland Impact Table on next page Page 9 of 22 PCN Form - Version 1.5, September 2020 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason 2b. Impact Duration 2c. Wetland Name 2d. Type of Wetland 2e. Forested? 2f. Jurisdiction Type 2g. Impact Area (ac) W1 Road Improvements (Twyla Rd) Permanent Wetland K Headwater Forest Yes Both 0.025 W2 Road Improvements (Twyla Rd) Permanent Wetland E Headwater Forest Yes Both 0.200 W3 Greenway Permanent Wetland F Headwater Forest Yes Both 0.001 W4 Road Crossing (Stockwell Ln) Permanent Wetland J Headwater Forest Yes Both 0.233 W5 Riprap Dissipator Permanent Wetland J Headwater Forest Yes Both 0.035 W6 Indirect Secondary Impact Permanent Wetland J Headwater Forest Yes Both 0.004 W7 Riprap Stabilization Permanent Wetland J Headwater Forest Yes Both 0.009 W8 Coffer Dam/Temp Construction Access Temporary Wetland J Headwater Forest Yes Both 0.027 W9 Road Improvements (Twyla Rd) Permanent Wetland D Headwater Forest Yes Both 0.107 W10 Indirect Secondary Impact Permanent Wetland J Headwater Forest Yes Both 0.032 W11 Site Fill for Hotel Permanent Wetland K Headwater Forest Yes Both 0.051 W12 Indirect Secondary Impact Permanent Wetland K Headwater Forest Yes Both 0.064 2g1. Total temporary wetland impacts 0.031 ac 2g2. Total permanent wetland impacts 0.576 ac 2g3. Total Wetland Impacts 0.607 ac 2h. Comments See PCN Cover Letter for Additional Information on Proposed Wetland Impacts 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a. Impact Reason/ Type 3b. Impact Duration 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Fill (Incl. Riprap) Permanent Stream 1 Intermittent Both 5 646 S2 Fill (Incl. Riprap) Permanent Stream 1 Perennial Both 5 147 S3 Other Temporary Stream 2 Intermittent Both 10 10 S4 Fill (Incl. Riprap) Permanent Stream 2 Intermittent Both 10 45 S5 Crossing/ Culvert Permanent Stream 2 Intermittent Both 10 110 S6 Fill (Incl. Riprap) Permanent Stream 2 Intermittent Both 9 33 S7 Other Temporary Stream 3 Intermittent Both 10 10 S8 Fill (Incl. Riprap) Permanent Stream 3 Intermittent Both 10 50 S9 Crossing/ Culvert Permanent Stream 3 Intermittent Both 12 56 S10 Choose one, Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose onf Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 1,087 linear ft 3i3. Total temporary stream impacts: 20 linear ft 3i4. Total stream and ditch impacts: 1,107 linear ft 3j. Comments: See PCN Cover Letter for additional information on proposed stream impacts. Page 10 of 22 PCN Form - Version 1.5, September 2020 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., individually list all open water impacts in the table below. 4a. Site # 4b. Impact Reason/ Type 4c. Impact Duration 4d. Waterbody Name 4e. Waterbody Type* 4e1. Jurisdiction Type 4f. Impact area (ac)k 01 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click tL. enter. Click tk. enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 22 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one remp/ Perm Click to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 22 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed wetland and stream impacts have been minimized to only those necessary for infrastructure. There are no proposed impacts for construction of buildings, parking, or stormwater management. The majority of the proposed wetland and stream impacts are necessary for construction of the roads for access to the site. The primary access to the proposed Legacy Cary development will be Twyla Road from Morrisville Parkway. The existing connection of Twyla Road to Morrisville Parkway will be relocated to the traffic circle because the existing intersection is too close to the traffic circle to meet NCDOT separation standards. Also, relocating Twyla Road to connect to the traffic circle provides safer conditions for vehicles entering and leaving Twyla Road. Aside from the relocation of the connection of Twyla Road to the Morrisville Parkway traffic circle, Twyla Road will be improved in its current location/alignment. Twyla Road will be a public road and is required to be improved to meet Town of Cary design standards for a public roadway and will have a 60' ROW. Twyla Road must be widened and raised 33 feet in elevation to match the existing elevation of Morrisville Parkway traffic circle (350' elevation) and transition the road to natural grade at the northern cul-de-sac (282' elevation). The required improvements to Twyla Road will result in permanent impacts to the Stream 1 (intermittent) that runs parallel to Twyla Road only a few feet from the existing edge of pavement. As discussed in depth in the "Onsite Alternatives" section of the attached Alternatives Analysis, various alignments and designs for Twyla Road improvements were explored and determined to not be feasible or not resulting in a reduction of impacts to Stream 1. The extension of Stockwell Lane is necessary to meet Town of Cary's interconnectivity requirements and will provide a secondary access to Morrisville Parkway for residents of Fryars Gate subdivision traveling west on Morrisville Parkway. The alignment of the Stockwell Lane extension was restricted by the location of the existing road stub within the Fryars Gate subdivision to the east. The proposed impacts for the Stockwell Lane extension have been minimized to the greatest extent practicable while maintaining a functional design that prevents future disturbance to Streams 2 & 3 as discussed in depth in the "Proposed Project" section above. Upon completion of construction of the Stockwell Lane extension, the temporary coffer dams within Wetland J, and Streams 2 & 3 will be removed. The temporary stream impact areas restored to natural grade (bed and bank). The stream banks will be lined with biodegradable matting and seeded, if possible, depending on the water levels. No matting will be placed on the stream bed. Additionally, temporary wetland impact areas will be restored to natural grade and seeded with a wetland seed mix. The greenway trail has been designed to minimize wetland impacts to only those necessary for a riprap dissipator for a culvert in the greenway trail to prevent erosion within Wetland F. There are no proposed wetland or stream impacts required for construction of the greenway trail. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: During construction, access will occur within uplands where practical. Sediment & erosion control devices and silt fencing will be installed prior to construction to prevent sediment from escaping into downstream waters and also avoid disturbance wetlands and streams beyond the approved impact areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑x DWR ❑x Corps (check all that apply) Page 13 of 22 PCN Form - Version 1.5, September 2020 2b. If yes, which mitigation option(s) will be used for this project? (check all that apply) ❑ Mitigation Bank ❑x In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: 1,193 linear feet 4c. If using stream mitigation, what is the stream temperature: warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.armv.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:0 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: 1.1 acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: See PCN Cover Letter for details on the proposed compensatory mitigation. WR contacted mitigation banks that service the Cape Fear 0303000206 basin (RES/Restoration Systems) to determine availability of proposed stream and wetland mitigation. Neither mitigation bank has enough stream or wetland credits currently available to provide the total 1.1 acres of wetland mitigation and 1,193 If of stream mitigation proposed even when combined. Both banks are expecting future releases of stream and wetland credits prior to issuance of the 404/401 permits. In order to provide certainty that the applicant has the ability to provide the proposed stream and wetland mitigation for the project, WR obtained a ILF Letter of Acceptance from NCDMS for the entire 1.1 acres of wetland mitigation and 1,193 If of stream mitigation proposed, which is attached. Prior to issuance of the 404/401 permits, WR will coordinate with the mitigation banks to determine what stream and wetland credits are available at that time and will reserve as much of each type of mitigation credits as possible within the banks and submit a mitigation proposal modification notification to the USACE and NCDWR specifying the wetland mitigation credits to be purchased from a mitigation bank, or combination of mitigation banks and NCDMS (if necessary) for the preparation of the MRTFs. Page 14 of 22 PCN Form - Version 1.5, September 2020 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. (:lick to anfar 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. :,hoose one Click to enter. Zone 2 :,lick to enter. Click to enter. :,hoose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: elicK to enter. Page 15 of 22 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ► Yes ❑ No 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- quidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader El Vegetated Conveyance (lower seasonal high water table- SHVVT) ❑ Wetland Swale (higher SHWT) ❑x Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? El Yes ❑x No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? ❑x Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- approved local government stormwater program? ❑x Yes ❑ No Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? (Check all that apply) ❑x Local Government ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 16 of 22 PCN Form - Version 1.5, September 2020 Local Government Stormwater Programs ❑x Phase II ❑x NSW ❑ USMP ❑x Water Supply Please identify which local government stormwater program you are using. Town of Cary State Stormwater Programs El Phase II ❑ Coastal Counties El HQW or ORW ❑ Other Comments: Page 17 of 22 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes 0 No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. 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 letter.) ❑ Yes ❑ No Comments: Click to enter. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes 0 No 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ❑ Yes 0 No 3b. If you answered "no", provide a short narrative description: The proposed project is located within a heavily developed are of Cary/Wake County and is not anticipated to be a specific catalyst for future development. Additionally, there are no additional phases anticipated nor additional property proposed for purchase by the applicant adjacent to the proposed project. Therefore, the proposed project will not result in additional development which could impact nearby downstream water quality. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes ❑ No ❑ N/A Page 18 of 22 PCN Form - Version 1.5, September 2020 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Town of Cary sanitary sewer 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) ❑ Yes ❑x No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ❑x No 5c. If yes, indicate the USFWS Field Office you have contacted. choose one 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ►�I Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No Link to NLEB SLOPES document: http://saw-req.usace.armv.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? El Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ❑ Yes ❑x No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See PCN Cover Letter for information regarding evaluation of the project for impacts to federally listed species and critical habitat. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? El Yes ❑x No Are there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Page 19 of 22 PCN Form - Version 1.5, September 2020 Will this project affect submerged aquatic vegetation? ❑ Yes ❑ No Explain::,lick to enter. ❑ Unknown 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www. habitat. noaa.gov/protection/efh/eth mapper/index. html. There are no waters classified as EFH in Wake County. Page 20 of 22 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://q is. n cd cr.g ov/h powe b/ 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑Yes ❑x No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? WR submitted a project review request to SHPO in January 2019. In a letter dated 1/31/2019, SHPO specified that they are aware of no historic resources which would be affected by the project and have no comment on the project as proposed. The SHPO comment letter has been provided as an attachment. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. UIICK to enter. 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Page 21 of 22 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: (`lirlr fn a - Attach pertinent documentation or attachments not previously requested I. Signature* ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Troy Beasley — WithersRavenel — Authorized Agent Signature: � .A-- C > Date: 8/12/2022 Page 22 of 22 PCN Form - Version 1.5, September 2020 ::WithersRavenel Our People. Your Success. REVISED NCDMS LETTER OF ACCEPTANCE FOR WETLAND/STREAM MITIGATION (8/12/2022) '1i h, ROY COOPER a _: Governor ELIZABETH S.BISER ,=,0,b°, Secretory .. .., MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality August 12, 2022 Derek Boesch Legacy Cary, LLC 25101 Chagrin Blvd, Suite 300 Beachwood, OH 44122 Expiration of Acceptance: 2/12/2023 Project: Legacy-Cary (Twyla Rd) County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) 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 DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS 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 G.S. § 143-214.11. 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 within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS 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 by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the compensatory mitigation credit you are requesting is summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may differ from the amounts shown below. River Basin Impact Location Impact Type Requested Credit (8-digit HUC) Cape Fear 03030002 Warm Stream 1,193 Cape Fear 03030002 Riparian Wetland 1.1 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, Attirii/a...acetzncv FOR James. B Stanfill Deputy Director cc: Troy Beasley, agent North Carolina Department of Environmental Quality I Division of Mitigation Services ��`` 217 West Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652 De'Ja M1nic n c1 Ear I O N..131 Dual 919.707.8976 ::WithersRavenel Our People. Your Success. REVISED WETLAND IMPACT MAPS (8/4/2022) 1 n tto rocs - w WETLAND IMPACT SUMMARY MAP IMPACT NUMBER TEMPORARY WETLAND IMPACT PERMANENT WETLAND IMPACT SECONDARY WETLAND IMPACT (AC) (65 (AD) (SF) (AC) (SF) 2 Wi 0025AC 078 SF 2 9112 0020AC 381 SF 2 W3 0001 AC 28 SF 9114 0233 AC 10149 SF 9115 0035 AC 501 SF W6 0004 AC 163 SF W7 0009 AC 393 SF W8 0 027 AC 1,186 SF W9 0107 AC 652 SF 2 2 TOTALS 91110 91112 0 027 AC 349 SF 0 051 AC 0481 AC 210 SF 20,892 SF 0032 AC 0064 AC 0 100 AC 381 SF 786 SF 312 SF • \\ // /% Z `-- 60' ACCESS EASEMENT 1 1 I FOR NORTHERN PARCELS • • \\\ 1 / 11 r `/ / 1/ // 7- i1 I `\ I CULVERT TO BE REMOVED / (( // • I I II 1( ( • /)i ((1 / / AREA W9 CP 0 cP . C N 7. TWYLA ROAD (SR 3068) 60' PUBLIC R/W Mc1977V•.111P 7 AREA W4 THRU W8 WETLAND ENCROACHEMENT SEE MAP 3 FOR DETAILED VIEW i/A'r FUTURE COMMERCIAL AREA W1, W11 AND W-12 WETLAND ENCROACHEMENT SEE MAP 2 FOR DETAILED VIEW %,. J o�\\\` •l1 r;"--l_;:-----;:,:::pLL( FCIAL % % ~ 1 d. 0 o V. G mLa 13, 0 200 400' LEGEND PROPOSED IMPACT AREA PROJECT INFORMATION PROJECT SITE SITE ACREAGE: 36.84± ACRES PIN REFERENCES: REAL ESTATE I.D.: 0734297619, 0735217059, 0735209946, 0735209448, 0735209159, 0734392943, 0734294615, 0734390881, 0735209740, 0734294807, 0735203489, 0735203991, 0734390677, 0735203193, 0735304691, 0734395976 0105973, 0101553, 0135034, 0129571, 0105972, 0155315, 0100216, 0155314, 0105901, 0100217, 0105971, 0105900, 0481114, 0105970, 0446401, 0446400 1. EXISTING SURVEY INFORMATION PROVIDED BY WITHERSRAVENEL. 2. WETLAND DELINEATION APPROVED BY USACE PRELIMINARY JURISDICTIONAL DETERMINATION (SAW-2018-0211) DATED 12/15/2021. 3. RIPARIAN BUFFERS APPROVED BY TOWN OF CARY BUFFER DETERMINATION LETTER (TCRB 18-008) DATED 3/15/2019. 0 Z m w X 3w ul- QQ 0 T O z vo 0 0 T3 DO 0 0 z *1 \ � � 3 3 IMPACT AREA W3 j /-*• 8'L x 4'W x 18"Thk PERMANENT RIPRAP 3 3 DISSIPATOR (0.001 AC) 28 SF 3 3 3 3 3 3 3 3 3 PROPOSED 10' ASPHALT GREENWAY TRAIL (8" D50 STONE) RIPRAP VELOCITY DISSIPATOR SEE DETAIL SHEET C9.8 J AREA W3 WETLAND ENCROACHMENT 0 20' 40' MB 1977 VOL. III PG 755 \�o� 86 3 3 \ 3 —297- WETLAND E PROPERTY LINE \ 1 (TYP.) \ / 3 3 WETLAND IMPACT SUMMARY MAP IMPACT NUMBER TEMPORARY WETLAND IMPACT PERMANENTWERAND IMPACT SECONDARY WETLAND IMPACT (AC) (SF) (AC) (SF) (AC) (SF) 0025 AC 0)8 SF W2 0020 AC 881 SF W3 0001 AC 28 SF W4 0233 AC 10,149 SF W5 0035 AC 501 SF W6 0004 AC 163 SF W] 0009 AC 393 SF 002)AC 186 SF W9 0 0,AC 652 SF 91110 0032 AC 381 SF W„ 0051AC 210 SF 91112 0064 AC )86 SF TOTALS 002)AC 349 SF 0480 AC 20,892 SF 0100AC 312 SF — PROPOSED STORM — DRAINAGE (TYP) \ *\) IMPACT W2 I PERMANENT ROAD CROSSING (0.020 AC) 881 SF /* I 1* */ ( �\ /II a a a a AREA W2 WETLAND ENCROACHMENT 0 20' 40' / I EXISTING WETLANDS (TYP.) / /. \ C ` N PROPOSED STORM DRAINAGE EASEMENT (TYP.) / \ J lam/ TOWN OF CARY PIN # 0735203193 1.78 ACRES \ I / ) r/ / / / LEGEND PERMANENT WETLAND IMPACT SECONDARY WETLAND IMPACT NAM% ' , TWYLA ROAD (SR 3068) 'WEE 60' PUBLIC RIW — � :54; � . PROPOSED STORM � � �� DRAINAGE (TYP.) MB 1977 VOLIII PG 75570, IMPACT W1 PERMANENT ROAD CROSSING (0.025 AC) 1,078 SF \ / c- c\ PROPOSED STORM / 7 DRAINAGE EASEMENT (TYP.) \'< i • r v� —`\ / --/J Y EXISTING / / — ---- --, WETLANDS (TYP.) / \c, ti — 1 I/ r r� —,v— J\— . cN-\ C / TOWN OF CARY / WETLAND K PIN # 0735203193 1.78 ACRES — J / \ v- V , \ \ f �- � PROPERTY LINE \ \\ / , , (TYP.) \ \\ % / / / \ IMPACT W11' / / / / /— PERMANENT SITE GRADING \ \ ( I (, / �/ �� FOR COMMERCIAL LOT I `\ I // r10 �'p (0.051 AC) 2,210 SF \ \\\\ / _/ IMPACT AREA W12 SECONDARY IMACT (0.064 AC) 2,786 SF BREAKLINE BETWEEN , / I ROAD GRADING AND ( AREA W1, W11 AND W12 WETLAND ENCROACHMENT 0 50' 100' v N 0 Z Q w J T 0 Z 7 vo 7 T7 0 0 0 Z FRIAR GET HOA, INC. PIN # 0735304691 _ 3.37 ACRES N TEMPORARY GRADING AND N CONSTRUCTION EASEMENT / \ — PER BM2017,PG951 \) �— 1�I _300 IMPACT AREA W6 SECONDARY IMPACT (0.004 AC) 163 SF 20' TYPE "B" BUFFER — — _ _ WORK AREA DEWATERING PUMP INTAKE RIPRAP STILLING BASIN STREAM 3 INTERMITTENT \ DOWNSTREAM /'- • • COFFER DAM IMPACT AREA W10 SECONDARYIMACTi (0.032 AC) 1,381 SF • l� \ \ \ IMPACT AREA W5 \ PERMANENT RIPRAP INSTALLATION (0.035AC) 1,501 SF • STREAM 4 INTERMITTENT • • EXISTING \ WETLANDS (TYP.) L .f DOWNSTREAM COFFERDAM �1-- \ �i- - STILLING \ RIPRAP BASIN WORK AREA DEWATERING PUMP INTAKE 1 EXISTING STOCKWELL LANE EDGE OF PAVEMENT TO BE REMOVED TEMPORARY GRADING AND CONSTRUCTION EASEMENT PER BM 2017, PG 951 FRIAR FAMILY LIMITED PARTNERSHIP PIN # 0734395976 3.48 ACRES 115)94„ <9GT �Y2 -3_WETLANDJ PROPERTY LINE (TYP.) '-v T w-- -LL LL CO / ¢ / � � w — / a 1 --- TEMPORARY CONSTRUCTION ACCESS (0.026AC) 1,141 SF 3 3 -/ 3 3 �` TOP OF BANK UPSTREAM COFFER DAM AND TEMPORARY CONSTRUCTION ACCESS 3 3 3 3 3 3 STREAM2 PERENNIAL 7 7 BYPASS PUMP(S) 7 7 7 1 / IMPACT AREA W7 PERMANENT STABILIZATION (0.009 AC) 393 SF 2g� ��� _ ' • \ IMPACT W7 / TEMPORARY CONSTRUCTION ACCESS / i \ IMPACT AREA W4 (0.001 AC) 45 SF \ \` PERMANENT ROAD CROSSING (0.233 AC) 10,149 SF �— t AREAS W4 THRU W8 \ '\- WETLANHOSE FOR BYPASS PUMPS)D \ �, ��— \\ \ n \ \ ENCROACHMENT 3 3 3 3 3 3 3 3 NAP TOTALS IMPACT NUMBER 0 20' 40' LEGEND PERMANENT WETLAND IMPACT TEMPORARY WETLAND IMPACT SECONDARY WETLAND IMPACT WETLAND IMPACT SUMMARY PERMANENT WETLAND INPACT ,J 1 SECONDARY WETLAND IMPACT NJ C5 1,186 SF 1,349 SF NJ C5 1,078 SF 881 SF 28 SF 1,501 SF 393 SF 4,652 SF 2,210 SF 20,892 SF (AC) (sL) 163 SF 1,381 SF 2,786 SF 4,312 SF CO 0 z W J T 0 O z vo 0 T3 z WETLAND IMPACT SUMMARY MAP IMPACT NUMBER TEMPORARY WERAND IMPACT PERMANENTWETLAND IMPACT SECONDARY WERAND IMPACT (AC) (AC) (BF) (AD) (BF) 2 Wi 0025 AC 108 SF 2 W2 0020 AC 381 SF 2 W3 0001 AC 28 SF W4 0233 AC 10149 SF W5 0035 AC 501 SF W6 0004 AC 163 SF W] 0009 AC 393 SF W8 J 02) AC 1,186 SF W9 0107 AC 652 SF N110 0032 AC 381 SF 2 N111 0 051 AC 210 SF 2 N112 0064 AC )86 SF TOTALS J 02) AC 349 SF 0480 AC 20,892 SF J100 AC 312 SF LEGEND PERMANENT WETLAND IMPACT F \ � � � WOE /��\ J \ ■ � � � / _ � _ ( 1 � _ ■ ( WETLAND D . '-� .ilk IMPACT W9 1 _ __ __ PERMANENT ROAD CROSSING ■�� _� -411. (0.107 AC) 4,652 SF iiiiiiiiiirriow, ,441mL__ _ NMN.1111111 iliVillial iihmh INER111111111K9A-Ma STORMWATER CONTROL STRUCTURE AND ACCESS EASEMENT (TYP.) - PROPOSED STORM 1 / "- DRAINAGE EASEMENT (TYP.) / J / J290' / 1.7 MB 1977 VOL. III PG 755 AREA W9 WETLAND ENCROACHMENT 0 30' 60' E T 0 z a 7 vo 0 0 7 T7 0 0 Z ::WithersRavenel Our People. Your Success. FINAL STREAM IMPACT MAPS (6/20/2022) 60'ACCESS EASE ENT FOR NORTHERN, PAR L 30" x 12' LONG CULVERT TO BE REMOVED • F- . • 0 200' 400' S3 THRU S9 STREAM ENCROACHEMENT SEE MAP 3 FOR DETAILED VIEW • `TWYLA ROAD (SR 3068) 4 (e'i .5 r S1 AND S2 STREAM ENCROACHEMENT. SEE MAP 2 FOR DETAILED VIEW r 'L v�NG t La '73 Q IMPACT NUMBER IMPACT SPECIFICATION OVERALL STREAM IMPACT SUMMARY TEMPORARY PERMANENT (NO FUNCTIONAL LOSS) PERMANENT (FUNCTIONAL LOSS) (LF) (SF/AC) (LF) (SF/AC) (LF) (SF/AC) 2 S1 NON-PERP ROAD CROSSING 646 LF 3,491 SF (0.080 AC) 2 S2 NON-PERP ROAD CROSSING 147 LF 699 SF (0.016 AC) 3 S3 TEMPORARY 10 LF 174 SF (0.004 AC) ---- ---- ---- ---- 3 S4 RIPRAP INSTALLATION 45 LF 469SF (0.011 AC) 3 S5 PERP ROAD CROSSING 110 LF 1,008 SF (0.023 AC) 3 S6 RIPRAP STABILIZATION 33 LF 283 SF (0.007 AC) 3 S7 TEMPORARY 10 LF 103 SF (0.002 AC) ---- ---- ---- ---- 3 S8 RIPRAP INSTALLATION 50 LF 492SF (0.011 AC) 3 S9 PERP ROAD CROSSING 56 LF 679 SF (0.016 AC) TOTAL 20 LF 277 SF (0.006 AC) 1,087 LF 7'121 SF (0.164 AC) PROJECT INFORMATION PROJECT SITE SITE ACREAGE: PIN REFERENCES: REAL ESTATE I.D.: 36.84± ACRES 0734297619, 0735217059, 0735209946, 0735209448, 0735209159, 0734392943, 0734294615, 0734390881, 0735209740, 0734294807, 0735203489, 0735203991, 0734390677, 0735203193, 0735304691, 0734395976 0105973, 0101553, 0135034, 0129571, 0105972, 0155315, 0100216, 0155314, 0105901, 0100217, 0105971, 0105900, 0481114, 0105970, 0446401, 0446400 EXISTING SURVEY INFORMATION PROVIDED BY WITHERSRAVENEL. 2. WETLAND DELINEATION APPROVED BY USACE PRELIMINARY JURISDICTIONAL DETERMINATION (SAW-2018-0211) DATED 12/15/2021. 3. RIPARIAN BUFFERS APPROVED BY TOWN OF CARY BUFFER DETERMINATION LETTER (TCRB 18-008) DATED 3/15/2019. LEGEND dm - - - - - PROPOSEDIMPACT AREA im ----- mil 0 0 Z vo T3 0 I-11 o• YAP; --EXISTING 1 \ 36" RCP 282 IMPACT LEGEND - PERMANENT STREAM (FUNCTIONAL LOSS) TEMPORARY STREAM IMPACT AREAS2 /� / — �,.�� PERMANENT STREAM IMPACT <` NON-PERP ROAD CROSSING - X (FUNCTIONAL LOSS) --0.016AC(147LF/699SF) - � — / 11 7 60 GRAPHIC SCALE 0 30 60 120 1 inch = 60 ft. J EXISTING 36" RCP l L_ / % / / J / r (` >� ) - tiJ /- / //� / WETLA• NDS �`��}rhY (FUNCTIONAL LOSS) — — _ 'yl 0.080 AC (646 LF / 3,491 SF) ; 4 _— _ IMPACT AREA S1 / PERMANENT STREAM IMPACT NON-PERP ROAD CROSSING 0 0 Z 11a .° P. z 3 3 0 0 e 8 0 FRIAR GET HOA, INC. PIN # 0735304691 3.37 ACRES IMPACT AREA S8 PERMANENT STREAM IMPACT RIPRAP INSTALLATION — (FUNCTIONAL LOSS) — 0.011 AC (50 LF / 492 SF) STREAM 3 INTERMITTENT IMPACT AREA S7 1 TEMPORARY STREAM IMPACT 0.002 AC (10 LF/ 103 SF) •• • •\ / DOWNSTREAM _ COFFER DAM \ \ T- RIPRAP STILLING BASIN \� �\ SEE DETAIL MAP 6 \ \ CHANNEL TO BE CONSTRUCTED WITHIN •* \ \\ THE RIPRAP DISSIPATOR TO SHOW THE NEW FLOW LINE OF STREAM \ SEE DETAIL ON MAP 6 \ � 1 / \— ✓ STREAM2 r, �•\' PERENNIAL EXISTING WETLANDS (TYP.) \ I DOWNSTREAM COFFER DAM J IMPACT AREA S3 TEMPORARY STREAM IMPACT 0.004 AC (10 LF / 174 SF) IMPACT AREA S4 / \ PERMANENT STREAM IMPACT RIPRAP INSTALLATION �� (FUNCTIONAL LOSS) 0.011 AC (45 LF/469 SF) / \/ RIPRAP STILLING BASIN / SEE DETAIL MAP 6 -PROPOSED _ 24" DEEP CLASS "A" RIPRAP WITH NONWOVEN GEOSYNTHETIC CONFORMING TO NCDOT STANDARD SPECIFICATION 1056 \ TYPE 2 UNDERLAYMENT SEE DETAIL SHEET C9.8 - FILTER BAGS FOR PUMP DISCHARGE - GREENWAY TRAIL 1r 11 )1, 1I 1�1. - TEMPORARY GRADING AND I CONSTRUCTION EASEMENT PER BM 2017, PG 951 9 ._9 WORK AREA DEWATERING PUMP INTAKE 1 PERMANENT STREAM IMPACT PERP ROAD CROSSING (FUNCTIONAL LOSS) 0.016 AC (56 LF / 679 SF) WORK AREA DEWATERING PUMP INTAKE I\ \ -�� _ _ 1 EXISTING STOCKWELL LANE EDGE OF PAVEMENT _ TO BE REMOVED -30 .�Pt I • I )IMPACT ABTA TS PERMANENT STREAMIMPACT �PERPOADCROSSING(FUNCTIONAL LOSS)I 0.023 AC (110 LF / 1,008 SF) Itlitt ' HOSE FOR BYPASS PUMP(S) WORK AREA DEWATERING PUMP / CULVERT ACCESS AND \ MAINTENANCE EASEMENT ' - FRIAR FAMILY LIMITED PARTNERSHIP PIN # 0734395976 3.48 ACRES w 1\ TEMPORARY GRADING AND PBM 2017, PG951 EASEMENT PER BM 2017, PG`51 BYPASS PUMP INTAKE 9 9 * ^9 9 I 9 L / _ T 9 9 ,��F,P �19 9 9 9 * * STREAM 2 9 9 9 9 / 9� PERENNIAL 19 9 i7 9 9 9 UPSTREAM COFFER DAM 9 9 9 AND TEMPORARY CONSTRUCTION ACCESS /* 9 • PROPERTY LINE (TYP.) > 9 /i 9/ 9 9 9--" \9 9 9 9 9 9 9 9 9 /9 9 9 9 9 9 9 9 9 9 9 9 9'lam/ A 9 • 9 9 9 9• I WETLAND J /� 9 9 9 9 • BYPASS PUMP INTAKE / o _ 9 9 �// / �. / j JN RELOCATEDED CHANNEL AND / \/ / / / / • v..../RIPRAP )• 7 A STABILIZATION / / / �///� i r / / BYPASS PUMP(S) •_ // - /`, V// op' / / 1 _// / O IMPACT AREA S6 / \ — / rj PERMANENT STREAM IMPACT `� I / o W z w • / /• RIPRAP STABILIZATION \, /_ 1 / �, // "' p 11 / / • (FUNCTIONAL LOSS)) — / / H Q m - ,./ / 0.007 AC (33 LF / 283 SF) / / / \ / / m / // / / \ / — / �- ,/ /y ) ,)\ / / /> > )/i/ / /1 //�� % it// /,/ // `\�%/// / / // /S 1i / v �/ - 1 / / / / \/ // / /1 / / / / r - 1 /f l/ /( / / A ��i / 1/ \ I ` / 2 / /` / / �/ / r \II / / / / \�/ / // / / / `�/ �/ -- ___-\_, ) / / / J / / Q 9 9 9 9 9 9 9 9 9 9 9 9 9 9 *� 9 9 j 99 * 9 9/ 9 9 TOPO F BANK . � 9 * LL 9 9 '/ 9/ 9 9 9 � j 9 9 9 9/ 9` ' Y -erg / / 7 0 30' 60' TOP OF BANK TOP OF RIP RAP TO MATCH PRE -CONSTRUCTION STREAM CONTOUR RIP RAP RIPRAP APRON DETAIL NTS IMPACT LEGEND - - PERMANENT STREAM (FUNCTIONAL LOSS) - TEMPORARY STREAM STOCKWELL LANE WESTERN CULVERT STOCKWELL LANE STREAM 2 CROSSING 315 0 PROFILE VIEW GRAPHIC SCALE 1" = 50' HORZ. 1"=5' VERT. 0 315 111 STA. 10+00 CAST - IN - PLACE - CONCRETE HEADWALL NV. = 289.00' (EMBEDDED 12") - _-D STA. 10+1+05 - CAST - IN - PLACE _ CONCRETE HEADWALL - INV. = 292.00' (EMBEDDED 12") - 310 310 4' MIN. COVER 305 RCP /18" 305 300 8" DIP WATERLINE RECLAIMED WATERLINE 1 300 295 EXISTING GRADE AT �if CENTERLINE OF CULVERT � Q �i J 295 RCP @ -2 g3 0 9 290 106 Q� VF � / 290 EMBED 84" CULVERT 285 —\L 1.0' BELOW THALWEG ELEVATION RIPRAP STILLING BASIN EXISTING GRADE AT POOL DEPTH = 1 FT POOL LENGTH = 21 FT THALWEG OF CHANNEL APRON LENGTH = 7 FT 280 BASIN WIDTH = 26 FT CLASS "B" = 8") (d50 280 9+00 9+50 10+00 10+50 11+00 11+50 12+00 50 100 300 295 290 285 -0+50 305 WESTERN CULVERT DOWNSTREAM EXISTING GRADE —\ 84" RCP 0+00 J L 0+50 STREAM BED EMBEDDED 1.0' — BELOW THALWEG ELEVATION 1+00 WESTERN CULVERT UPSTREAM 300 295 290 285 1+50 305 300 300 / 295 295 EXISTING GRADE 7 I 290 290 84" RCP ) STREAM BED EMBEDDED 1.0' BELOW THALWEG ELEVATION -0+50 0+00 0+50 1+00 1+50 H W Z J uUw ZrY W (n H 0 N W 3 U L) 0 0 yo z 0 03 A3 0 EASTERN CULVERT 0 STOCKWELL LANE STREAM 3 CROSSING 315 PROFILE VIEW GRAPHIC SCALE 1" = 50' HORZ. 1"=5' VERT. 0 50 100 315 310 111111 STA. 10+00 - CAST - IN - PLACE _ CONCRETE HEADWALL INV. = 293.50' STA. 11+08 CAST - IN - PLACE - CONCRETE HEADWALL _ INV. = 295.50' (EMBEDDED 12") 310 305 �� 305 / 300 8" DIP WATERLINE 300 ilRECLAIMED WATERLINE- � - NOTE: THE SLOPE OF THE PIPE IS _ MINIMIZED TO REDUCE OUTFALL _ 1��/���i�/,' 295 VELOCITY RISKS TO WHICH MITIGATE WILL RESULT SCOUR IN A 295 _ PERCHED OUTFALL ON A CHANNEL RCP @'� 890�0 - BRANCH JURISDICTIONAL THAT S NOT ON THE UPSTREAM A06.02 LF 84„ _ END OF THE PIPE . — 1 � -..--- 290 RIPRAP STILLING BASIN 290 - POOL DEPTH = 1 FT POOL LENGTH = 21 FT — ' _ APRON LENGTH = 7 FT- I BASIN WIDTH 526 FT CLASS "B" (d50 = 8") \ EMBED CULVERT 1.0' BELOW I THALWEG ELEVATION 285 285 EXISTING GRADE AT 0::1/: Ir 1 THALWEG OF CHANNEL I 1 1 1 1 I �i•:i: �dr�'( EXISTING GRADE AT CENTERLINE OF CULVERT I I I I I I 1 9+00 9+50 10+00 10+50 11+00 11+50 12+00 EASTERN CULVERT DOWNSTREAM 305 305 300 300 EXISTING GRADE 295 295 Ilk \ 84" RCP 290 290 ' I NOTE: 285 STREAM BED \/ THE SLOPE OF THE PIPE IS MINIMIZED TO REDUCE OUTFALL VELOCITY TO 285 - MITIGATE SCOUR RISKS WHICH WILL RESULT IN A PERCHED OUTFALL ON A CHANNEL BRANCH THAT IS NOT - JURISDICTIONAL ON THE UPSTREAM END OF THE PIPE 1 1 1 1 1 1 1 1 I -0+50 305 0+00 0+50 1+00 EASTERN CULVERT UPSTREAM 300 295 1+50 305 n EXISTING GRADE \-\ 84" RCP 300 295 NOTE: NO STREAM CHANNEL UPSTREAM OF CULVERT 290 290 -0+50 0+00 0+50 1+00 1+50 L) 0 0 Z a YO z 0 0 SLOPE RIP -RAP AT 2:1 TO EXISTING IF PLAIN END SEE PROFILE L INCISE PIPE FOR AQUATIC PASSAGE (SEE PLAN & TABLES FOR INVERT) 7 RIP -RAP LINING SEE TABLE FOR SIZE AND DEPTH 7 28' (LENGTH OF BASIN) DISSIPATOR POOL (HORIZONTAL FLOOR) PLAN 28' (LENGTH OF BASIN) 7 SEE PROFILE 21' (LENGTH OF POOL) WATER SURFACE PROFILE AT DESIGN FLOW RIP RAP LINING SEE TABLE FOR SIZE AND DEPTH Tw (IAILWATER) PROPOSED GRADE hS (POOL DEPTH) O — CHANNEL ELEVATION (PIPE INCISED) RIP RAP THICKNESS T1=2d,, OR 1 5dMq;; Tz=3d„ 0R 2 dmo (SEE DIMENSION TABLE) PROFILE 7' (LENGTH OF APRON) END OF APRON TO CONFORM TO EXISTING STREAM CHANNEL (INCISE RIP -RAP TO MATCH EXISTING CROSS-SECTION) LEVEL EXISTING STREAM CHANNEL BOTTOM GEOTEXTILE FABRIC (NCDOT STANDARD SPECIFICATION SECTION 1056-TYPE 2) RIP -RAP BASIN ENERGY DISSIPATOR BASED ON HEC-14 NOT TO SCALE EXISTING GRADE RIP -RAP LINING SEE TABLE FOR SIZE AND DEPTH Wo (PIPE DIAMETER) WATER SURFACE PROFILE (NOMINAL) AT DESIGN FLOW RIP -RAP LINING SEE TABLE FOR SIZE AND DEPTH PROPOSED GRADE M 40 71®J-4. i"„,**40 INCISE PIPE FOR AQUATIC PASSAGE (SEE PLAN & TABLES FOR INVERT) WATER SURFACE PROFILE AT DESIGN FLOW INVERT AT END OF PIPE (PIPE INCISED FOR AQUATIC PASSAGE) 2 —11 RIP -RAP LINING SEE TABLE FOR SIZE AND DEPTH WATER SURFACE PROFILE AT DESIGN FLOW GEOTEXTILE FABRIC (NCDOT STANDARD SPECIFICATION SECTION 1056-TYPE 2) WATER SURFACE PROFILE AT DESIGN FLOW SECTION "A -A" PIPE BEYOND hS (POOL DEPTH) 1� SECTION "B-B" SECTION "C-C" WB (WIDTH OF BASIN) (AT END OF APRON) GEOTEXTILE FABRIC (NCDOT STANDARD SPECIFICATION SECTION 1056-TYPE 2) PROPOSED GRADE RIP -RAP LINING SEE TABLE FOR SIZE AND DEPTH \ PIPE BEYOND END OF APRON TO CONFORM TO EXISTING STREAM CHANNEL (INCISE RIP -RAP TO MATCH EXISTING CROSS-SECTION) SECTION "D-D" GEOTEXTILE FABRIC (NCDOT STANDARD SPECIFICATION SECTION 1056-TYPE 2) EXISTING GRADE i PROPOSED GRADE GEOTEXTILE FABRIC (NCDOT STANDARD SPECIFICATION SECTION 1056-TYPE 2) v 0 0 z vo z.� 0 47, O 0 ::WithersRavenel Our People. Your Success. NCDWR REQUEST FOR ADDITIONAL INFORMATION EMAIL (7/25/2022) Beasley, Troy From: Homewood, Sue <sue.homewood@ncdenr.gov> Sent: Monday, July 25, 2022 9:30 AM To: Beasley, Troy; Norton, April R CIV USARMY CESAW (USA) Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension of Submittal Deadline Troy, Thank you for submitting such a comprehensive response to our requests for additional information. The detail, including going back out to the site to re-evaluation the streams, is greatly appreciated. I have just a couple more items: 1. Your submittal indicates that Stream 2 within the impact area is now a perennial stream, however the updated PCN stream impact table lists it as intermittent. Just so that we don't have conflicting info in our file, would you please update just the table and send me a corrected page. 2. Now that the impacts to Wetland E are better quantified, I'm concerned that a small area above the impacts will become isolated such that there will be a loss of function. I propose that you include these impacts as indirect impacts and update the application 1 accordingly. K i.* I.. 1 II qv - N. J '' 1l h WETLAND K 11. . e i$p . Y r -, r• , d 4`am - .,4. 1 pi S L. }}, Mk 6 - t...'illikeNAll • I - * - . - WETLAND E gM f.- + y" P i ..t.. ._, . ,..., ' . 01 ..._ ( itirl ,..+.. All, "" 11 i' , ,::. ad- . -Am -.„...-4. Lir-:111.1a.:.!..-2.7. _ -4 ii 41 — -� * 4 Sue Homewood Division of Water Resources,Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue.Homewood@ncdenr.gov 2