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HomeMy WebLinkAbout20161230 Ver 2_ePCN Application_20221221DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 12/21/2022 BIMS # Assigned* Version#* 20161230 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Zachary Thomas:eads\ztthomas Information for Initial Review Reviewing Office* Raleigh Regional Office - (919) 791-4200 la. Name of project: COURTESY COPY Corporation Townhomes at 1751 Corporation Parkway la. Who is the Primary Contact?* Bob Zarzecki 1 b. Primary Contact Email:* lc. Primary Contact Phone:* bzarzecki@sandec.com (919)846-5900 Date Submitted 12/21/2022 Nearest Body of Water Crabtree Creek; (27-33-(10)) Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.8011962 -78.557704 A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit 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: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Seventeen 51 Group LLC 2b. Deed book and page no.: 018379/02187 2c. Contact Person: David Staggs 2d. Address Street Address PO Box 1274 Address Line 2 City Buda Postal /Zip Code 78610-1274 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region Texas Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (858)348-2024 2g. Email Address: * contact@1751group.com 3. Applicant Information (if different from owner) 3a. Name: Shawn Donovan 3b. Business Name: Concept 8 Holdings, LLC 3c. Address Street Address 307 S Salem St Address Line 2 City Apex Postal / Zip Code 27502 3d. Telephone Number: (919)883-4941 3f. Email Address: * contact@1751group.com 4. Agent/Consultant (if applicable) 4a. Name: Bob Zarzecki 4b. Business Name: Soil & Enviornmental Consultants, PA 4c. Address Street Address 8412 Falls of Neuse Road Address Line 2 Suite 104 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address: * bzarzecki@sandec.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Raleigh 2. Project Identification 2a. Property Identification Number: 1734172229 2b. Property size: 2.68 2c. Project Address Street Address 1751 Corporation Parkway Address Line 2 City Raleigh Postal / Zip Code 27601 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Crabtree Creek; (27-33-(10)) 3b. Water Resources Classification of nearest receiving water: * C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010804 4. Project Description and History State / Province / Region NC Country USA 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 site is a wooded, vacant, commercial property (Zoned CX-3-PL-CU). Surrounding land uses include industrial mixed -use properties to the west (Carrier Enterprise - HVAC manufacturer/distributer) & south (Hills Macinery), retail to the southeast (WalMart supercenter), church to the east (Capital City Church of God), and a single-family residential subdivision (Hedingham Village) to the north. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2015-02531 (NWP42 verification) and DWR 2016-1230 (courtesy only) were approved to impact wetlands (the same wetlands we're requesting again now) to construct a mixed -use recreational sports field and associated parking on the property. These permitted impacts never occurred. 4f. List the total estimated acreage of all existing wetlands on the property: 0.05 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to provide residential housing by constructing a residential townhome community. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project proposes to construct 44 individual residential townhomes and associated parking, stormwater control measures, etc. Heavy equipment typically used for earth moving and civil construction such as these will be used (e.g., excavators, bulldozers, etc.). 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: No Neuse Buffer determination was made because the offsite stream just west of the project area is the only stream shown on the USGS or soil survey and is not disputed. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2015-02531 & SAW-2021-02256 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Lyle Phillips / Bob Zarzecki USACE / Soil & Environmental Consultants, PA 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 03/01/2016 = SAW-2015-02531 PJD 08/18/2022 = SAW-2021-02256 USACE Field Verification by Lyle Phillips w/ S&EC, PA 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers 2a. Site #* (9) 2a1 Reason (?) 2b. Impact type* (') 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Lot fill P Headwater Forest W1 Yes Both 0.050 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.050 2g. Total Permanent Wetland Impact 0.050 2i. Comments: The requested wetland impacts is the same wetland area that was permitted for fill back in 2016, but the project did not move forward the impacts did not occur. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Sanitary Sewer Connection P UT to Crabtree Creek No 285 403 6h. Total buffer impacts: Zone 1 Total Temporary impacts: 0.00 Zone 1 Total Permanent impacts: 285.00 403.00 Zone 2 0.00 Total combined buffer impacts: Zone 2 Zone 1 Zone 2 285.00 403.00 6i. Comments: All the planned buffer impacts are "Deemed Allowable" under 15A NCAC 02B .0714(11)(i). The new sewer line is a 6" PVC sanitary sewer connection to an existing 12" DIP Sanitary Sewer line. The construction and maintenance easement is 20' wide and enters the buffer at a perpendicular angle. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: See attached "Corporation Townhomes - USACE WETLAND IMPACT NARRATIVE". The small jurisdictional wetland pocket is centrally located on the property and could not be avoided. The offsite stream will be protected by the 50' Neuse Buffer. In addition, the closest proposed development is at least another 50' from the stream for a combined setback of 100'. Secondary tree conservation area is proposed in the northwest corner of the property around a non -jurisdictional ephemeral drainage (no stream) to provide some additional protection to a tributary drainage of the offsite stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: An erosion and sediment control plan will be obtained from the City of Raleigh prior to construction to avoid and indirect impacts to the jurisdictional offsite stream. Post -construction measures include an underground sand filter/detention stormwater control measure (SCM) to protect the water quality of the offsite jurisdictional stream. 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 this project DOES NOT require Compensatory Mitigation, explain why: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Raleigh, NC Comments: As shown on the stormwater plan provided an underground sandfilter SCM is proposed that would treat the stormwater prior to discharge to an existing ephemeral channel (at non -erosive velocities) outside of the Neuse Buffer. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 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), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. The project is an infill development on an existing lot and is surrounded by existing development and is therefore not anticipated to result in any additional development which could impact nearby downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. 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. The project is located within the City of Raleigh limits and wastewater from the project will be sent to the City of Raleigh sanitary sewer system and wastewater treatment plant. The City during it's permitting process will ensure that adequate capacity exists. 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved? * Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS and NHP databases show that there are no known occurrences for Federally listed protected species withinl mile of the site, other than aquatic species within the Neuse River which is at the 1-mile evaluation boundary to the east. The project does not propose any stream impacts, no streams exist on the property and buffers are required for the perennial stream to the west. S&EC conducted preliminary surveys for potential habitat and protected species. No potential habitat was found to exist on site for any species. The Tricolored Bat (TCB) has just recently been added to the list. A bottomless culvert large enough for potential TCB roosting habitat exists just offsite under Corporation Parkway. S&EC staff walk thru the culvert and did not see any sign of use of the culvert by bats. The culvert is used by the homeless as a camp and as such unlikely to be used by the bats. No impacts are proposed to the culvert. A permit was previously issued for the requested wetland impacts in the past. As such we have determined that the project will have "no effect" or "may affect, but not likely to adversely affect" any protected species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA EFH Mapper; 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 status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHIPO HPO WEB database 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA DFIRM & NC Flood databases and maps Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Corporation Townhomes_PCN Attachments_21Dec2022.pdf 6.09MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree 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"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: S&EC, PA - Bob Zarzecki Signature c ,sQ' , 13i- OVZialzerA, Date 12/21/2022 Environmental Consultants, 9412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 - Phone: (919) 846-5900 s andec.com CONTRACT PURCHASER -APPLICANT CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: 1751 CORPORATION PARKWY S&EC Project 4 Date: 2022 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Lyle Phillips (or assigned) USACE Regulatory Field Office: Raleigh I, the undersigned, a duly authorized contract purchaser -applicant of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Address: 1751 Corporation Parkway, Raleigh, Wake County, NC (physical location) Area: 2.68 acres PIN No.: 1734172229 Deed: 018379/02187 Lat/Long: 35.8011962 /-78.557704 Watershed: Crabtree Creek, 27-33-(10), C;NSW, Neuse 03020201-0804 CONTRACT PURCHASER -APPLICANT INFORMATION: Name: Concept 8 Holdings, LLC Address: 307 S Salem St, Ste 200, Apex, NC 27502 Phone No.: (919) 883-4941 Fax No.: Q Mobile No.: (919)601-5078 Email: Shawn Donovan 7/13/2022 Contract Purchaser -Applicant (please print) Date Property Contract Purchaser -Applicant Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, Environmental Consultants, 8412 Falls of Meuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com PROPERTY OWNER CERTIFICATION 1 AGENT AUTHORIZATION Project Name/Description: 1751 CORPORATION PARKWY S&EC Project 415345 Date: 2022 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Lyle Phillips (or assigned] USACE Regulatory Field Office: Raleigh I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (5&EC) staff (as my agent) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Address: 1751 Corporation Parkway, Raleigh, Wake County, NC (physical location) Area: 2.68 acres PIN No.: 1734172229 Deed: 018379/02187 LatlLong: 35.80119621-78.557704 Watershed: Crabtree Creek, 27-33-(I0), C;NSW, Neuse 0302020I-0804 PROPERTY OWNER INFORMATION: Name: Seventeen 51 Grout) LLC Address: PO Box 1274, Buda, TX 78610-1274 Phone No.: (858) 348-2024 Email: contact 1751 group.com David Stawas for Scventeen 51 GrouD LLC July 13, 2022 Property r (please pri Date c Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. BKO18379PGO2187 WAKE COUNTY, NC TAMMY L. BRUNNER REGISTER OF DEEDS PRESENTED & RECORDED ON 03-04-2021 AT 16:20:17 STATE OF NC REAL ESTATE EXCISE TAX: $680.00 BOOK: 018379 PAGE: 02187 - 02189 Excise Tax: $680.00. Tax Map No. NORTH CAROLINA GENERAL WARRANTY DEED Recording Time, Book and Page Parcel Identifier No. 0310555 Mail after recording to: Brady Law Firm, PLLC; 1025 Dresser Ct. Raleigh, NC 27609 This instrument was prepared by: Brady Law Firm, PLLC THIS DEED made this ` h� ay of ho rG h , 2021 by and between GRANTOR Young and McQueen Grading Company, Inc a North Carolina Corporation 25 Crest View Road Burnsville, NC 28714 GRANTEE Seventeen 51 Group, LLC A North Carolina Limited Liability Company 1751 Corporation Parkway Raleigh, NC 27604 Mailing address: PO Box 1274, Buda TX. 78610 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNES SETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land and more particularly described as follows: See Attached Exhibit A. All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 15959, Page 1666, Wake County Registry. A map showing the above described property is recorded in Book of Maps 15165, Page 2503, and referenced within this instrument. submitted electronically by "Brady Law Firm PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the wake County Register of Deeds. BKO18379PGO2188 The above described property ❑ does ® does not include the primary residence of the Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad Valorem Taxes for the year 2021. Easements and Restrictions of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s), the day and year first above written. GRANTOR: Print/Type Name & Title: Samuel K. Young, PRESIDENT STATE OF N C, COUNTY OF a, Ge, I, the undersigned Notary Public of thef2Hpty or City of nee, and State aforesaid, certify that Samuel K. Young -personally came before me this day and acknowledged that (s)he is the Pr 'dent of Young and McQueen Grading Company Inc, -, a North Carolina Corporation, and that by authority duly given and as the act of such entity, signed the gregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of /li( Q,h 2021. My Commission Expires: No Public Print No Name: OILi A $ D BKO18379PGO2189 EXHIBIT A Parcel Id. 0310555 BEING all of Lot 11 of New Bern Commons as shown on plat entitled "Recombination Map, Lot 11, New Bern Commons, Corporation Pkwy & Hedingham Blvd," dated 1-29-2016, prepared by Turning Point Surveying PLLC, and recorded in Book of Maps 2016, Page 368, Wake County Registry. VICINITY MAP (N. T. S.) P ophoy Line P p rty LID, UKTt .eyed) -- -- -- E t'ng Rght f W y Line N Reght f W y L e E t L' — - - Creek Centerline WL - -- W. ter Line - ss - - s A.'y sewer GUON Roil —c—n—n—o— Wood FECE O Existing Iron Pipe • iron Pipe Set (Uniees Otherwise DesO-R,d) G Existmg Concrete Monument Concrete Monument Set X Computed Corner G PK Nail O Cable N Box Fire Hydrant ❑ Drop Infat Utrldy Pole o UM,hone Box LD Light Pole I& Sewer Glean Dut (� Sewer M PAT.IE Water ".R,, Water Meter © Power Box OS Goe Vame ,. Handicapped Parking EIP - Existing Iron Pipe NIP - tron Pipe Set PP - Pawer Pole D8 - DEED BOOK PC - Pgge BOM Book Of Maps VOL - VAN, , TM - Tox Mop PAR - Parcel NIF Now or Formerly XXX - DENOTES ADDRESS FILED FOR REGISTRATION DATE LAitRA M. RIDDICK REGISTER OF DEEDS WAKE COUNTY BY ASSISTANTDEPUTY TIME FLOOD PLAJN ORDINANCE FlP PANEL (Vf OTHEH Af�t,sU+ I ���IS AAA 6Y LINE TABLE N/F PHILLIPS. SANDRA L N/F MCKINZIE, A MARIA N/F HUTCHINSON, WILLMM J LINE LENGTH BEARING 08 8223, PG 1341 DB 14397, PG 524 D8 15344, PC 175 Lt t65.66' SO4'2t"49"W PIN#' 1734.05-17-t673 ttPE USE: SINGLFAM PIN# 1734.05-17-2623 TYPE USE SINGLFAM PIN#` 1734A5-17-2683 TYPE USE SINGLFAM L2 4.63" S25'469 L3 2.96' 49 SO4'21 "9'W CURVE TABLE CURVE LENGTH RADIUS DELTA �_ 721' 2.84'C1 o 89.77 315.97' 7fi't6'43"S 364.47' 30'02'36' 85'44'33" E 70, g3'191.11' '37.90' 25.00' 66"51'37" F C4 6RO5' 430.00' 9'12'04' ' CS 201.39' 365.00' 31"36'48'.� J J ff y H. D PLS ­S, P d, untler d d ervr ;on: dthf th f ! f ' tlbyttt d d p r1 / IA— h t f surveyed sbawn o 6 rerr tirran pJ tt 1 from mfon t d e Book - Page - Nat this „ s prepared in accorticnce wiM G.S a7-3D amentled. Wr:neae my e 9 '.nature, g st tlon nam er antl seal this 29th day JANUARY ZDi6. a s�gnea Seol IiIIlllfl/� op1ly'�- `1`;`'t' SEAL E-SW j r illlft� NOTES: TOWNSHIP: RALEIGH N/F THE BODY LLC PIN #. DB 10780, PG 273 1734.09-17-2313 PIN,f 1734.09-07-5299 TYPE USE.. BULKID1ST 1734. 09-17-3123 ZONING: IND-i TYPE USE VACANT INSIDE CITY LIMITS: YES TOTAL ACRES: 2.68 ACRES TOTAL # OF LOTS i SITE IS NOT LOCATED IN A EL000-HAZARD AREA ACCORDING TO FLOOD INSURANCE RATE MAP 3720173400v, EFFECTIVE MAY 2, GOOD METHOD OF COMPUTION tS COORDINATE COMPUU,N THE PURPOSE OF THIS PLAT IS TO RECOMBINE 2 LOTS SANITARY & STORM SEWERS ARE EXISTING, REFERENCE: BOM 2003. PC 1183 ROM 2000, PC 2061 Dec j Bco 1C: 163 t `l Pa9e. Sy6 THIS PUyjr+OT TO BE ysiyjyip �. AFTER 5�",dy DAY CAW. 1 COPY BE RETAINED FOR THE Citt- THIS PLAT 15 XIN TOUT OF THE CITY LIMITS. WAKE COUNTY, MC 71 LAURA M RIDDICK REGISTER OF DEEDS PRESENTED 8 RECORDED ON 6 3 /3012916 12:18:06 N'I BOOK:BM2Di6 PAGE:DDBSS GRAPHIC SCALE IN FEET ) 1 inch = 40 tt- 150' GREENWAY EASEMEM BOM 2003, PO 1183 �i /VO--' ��3 Fy�elc>cy . N/F IDZIAK, JOSEPH L & VIRGiNiA F DB 10075, PG 2184 PINJ 1734.05-17-3625 TYPE USE: SINGLFAM p� ( I VARIABLE WIDTH CITY OF RALEIGH SANITARY SEWER EASEMENT BOM 2000, PG 2067---- j I I' 1 i � I NEW LOT 11 ccq� At NEW BERN COMMONS "� C yam, 116,577 SQ.FT, 2,68 ACRES (VACANT) mO W :tt O CENTERLINE I \ GF olrcH-''Jv/ / / I SPti� l I TIT FS � 11 C4 PRIVATE DRAINAGE EASEMENT 200,3, PG 7f83 TIE POINT IRON FOUND AT THE SOUTHWEST CORNER OF THE COLLINS PROPERTY 1 1 1751 �v CB pAgStWAY� \ '0oN G P. — - CORpoR % FU GC�OZ ri FLOOD HAZARD SOILS �vAj{{t1� CURB B PER BOM 2003, PG 1183 �. ie (ore) the s ner(s) of s t� This ce Y s a hot Ehe u10 Stafe of North Gardina, County of Wake ATgnad e property shown ono fhe p o ➢Iat and any a ponying sheets haYn4 acquired the property In tes simple by deetl(s) r000rdoC in Me a unty regstar f d ds offire m the p-np y ' omted and as seieh has (hove) the e i t 2 2 in carb'ty Zhaf fhe foJtowing persons) personally 1 appearEd before me this day, each acknowledgTg to met h antan(y signed th regain. d¢cum sfotetl therei, d In '7h pl t r m p s t bd but a b'on prevraasly g aanvey property mpfc Poge Ns_ p pose fh�ercape "ntl`c`otes'�/ XAwIUALI S�UOtIiu S- P.R.p operty� nd m is air t t toy requ: em for r inq( (�f,�. �//,,���� r/ J GY' % �=��( 'pl-ling & D—k,pment ofD'-1Wake County Reriew Alioer.r— I Signatures) of pro➢er(Y awoer(a} ...__......_ .... �G^� YOUNG&MC&UEEN Date. 2- �,Z z" .2016 (Df NKOrTeNn iPYAFhUMD8U7IC 'bSeI '�tj '�1B m y rs o(a fh t gory, reco t x+sting porces, a oo rt rM -rv' I N exc�%ep' t S a detin ' f 'islon. Regiete L tl 5vrveyar � t by SAMUEL K YOUNG (President) My commmeion Expires �.�L 21fZ0 CASE# R-159-15, S-69-00 RECORDED IN BOOK OF MAPS PAGE -36 . WAKE COUNTY TRANSACTION# 448033 h O n to r ° n O O m REcoMerrvAT/oN MAP TURNING POINT OWNER: GGYOUNG ANC �^° RENSIONS TU 1761 CORPORA77ON PEW RALE,GH. IX27604 I� LOT 1 T SURVEYING PLLC --- N NEW BERN COMMONS a CORORA77ON PKWY & HEDINGHAM BLVD 4113 JONN S. RABOTEAU WYND ,RALEIGH, NORTH CAROLINA 27612 Iy m o WAKE COUNTY FAX 800-948-0213 PH 919-78 i —0234 RALEIGH NORTH CAROLINA lJeanse No; P-0121 Bob Zarzecki From: Sent: To: Subject: Attachments: Importance: Lyle Bob Zarzecki Thursday, August 18, 2022 12:23 PM 'Phillips, George L CIV USARMY CESAW (USA)' RE: 1751 Corporation Parkway (S&EC 15345) - SAW-2021-02256 & SAW-2015-02531 JD Question - Field Verification Summary S&EC Agent Authorization Form (owner) signed.pdf; SEC Agent Authorization Form (contract purchaser -applicant (002).pdf, SAW-2021-02256 USACE PJD Email Verification.pdf, SAW-2015-02531_NWP 42 Verification.pdf, SAW-2015-02531_PJD.pdf High Thanks for meeting with me on site today to field verify the delineation. In summary, "Potential Wetland 1" identified in SAW-2021-02256 is a jurisdictional wetland via a non - jurisdictional hydrologic connection. And, "Potential Stream 1" is a non -jurisdictional hydrologic connection lacking an ordinary high water mark (OHM). This is consistent with the existing SAW- 2015-02531 PJD (attached). As such, we will advise the client to survey locate the 2021 flags placed by F&R and include that wetland in the anticipated application which we expect to have to you in the coming weeks. BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 256-4517 Mobile (919) 270-2068 bzarzeckiL@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. Ifyou are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. I VA Please consider the environment before printing this email. From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Wednesday, August 17, 2022 11:44 AM To: Bob Zarzecki <bzarzecki@sandec.com> Subject: RE: 1751 Corporation Parkway (S&EC 15345) - SAW-2021-02256 & SAW-2015-02531 JD Question We're on for tomorrow for this one. I will review the other JD request this afternoon and let you know if we need to visit that one. Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Bob Zarzecki <bzarzecki@sandec.com> Sent: Wednesday, August 17, 2022 10:57 AM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phil lips@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: 1751 Corporation Parkway (S&EC 15345) - SAW-2021-02256 & SAW-2015-02531 JD Question —y,— Just making sure we're still good for 9 AM tomorrow at 1751 Corporation Parkway in Raleigh. BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA From: Bob Zarzecki Sent: Tuesday, July 26, 2022 1:02 PM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phil lips@usace.army.mil> Subject: RE: 1751 Corporation Parkway (S&EC 15345) - SAW-2021-02256 & SAW-2015-02531 JD Question —, 1-1 I'm right there with you. Let's shoot for 9 AM on August 18th. I'll send you an Outlook invite. Just plan to park on the side of Corporation Parkway near the southern drainage in question. See you then. III@ i n BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Tuesday, July 26, 2022 12:40 PM To: Bob Zarzecki <bzarzecki@sandec.com> Subject: RE: 1751 Corporation Parkway (S&EC 15345) - SAW-2021-02256 & SAW-2015-02531 JD Question Hey Bob, I apologize for the delay and wish I could be quicker to respond. I have the availability below to meet you onsite 0800am — 300pm 08/ 17 08/ 18 08/24 08/25 Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatorV.ops.usace.armV.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Bob Zarzecki <bzarzecki@sandec.com> Sent: Tuesday, July 26, 2022 12:29 PM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phil lips@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: 1751 Corporation Parkway (S&EC 15345) - SAW-2021-02256 & SAW-2015-02531 JD Question Importance: High Lyle Me again. Please let me know when you can meet me out there. It's ok if it's say a month out, just need to get it on the schedule. Thanks. BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA From: Bob Zarzecki Sent: Wednesday, July 13, 2022 3:23 PM To: george.l.phillips@usace.army.mil Subject: RE: 1751 Corporation Parkway (S&EC 15345) - SAW-2021-02256 & SAW-2015-02531 JD Question Importance: High Lyle Here's the signed agent authorization from the property owner along with the previously provided information. Let me know when you can meet me out there. Thanks! BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA From: Bob Zarzecki Sent: Wednesday, July 13, 2022 1:45 PM To: george.l.phillips@usace.army.mil Subject: 1751 Corporation Parkway (S&EC 15345) - SAW-2021-02256 & SAW-2015-02531 JD Question Importance: High Lyle Attached is an agent authorization form from the contract purchaser and anticipated applicant for 1751 Corporation Parkway. I'm waiting for the one from the owner and will pass it along as soon as I get it. The contract purchaser has decided to stop using F&R for this property and has engaged us to help them through permitting. I've done a bit of research and found some discrepancies that I need to resolve before proceeding. Attached are your 2021 desk top email verified PJD that you did last year for F&R, 2017 NWP42 verification for the same property, and associated 2015 PJD included within the courtesy copy of the PCN application submitted to the NCDWR. Note that the stream was not called jurisdictional in 2015 and the wetland was smaller at only 0.01 acres in size. Tasha had field verified that delineation. I'd like to schedule a day with you to visit the property, review the discrepancies between the 2015 and 2021 verifications, and discuss the new proposed project and associated impacts which we'll be applying for soon. Please let me know your availability for this site visit. II i M BOB ZARZECKI Wetlands Department Manager/Vice-President/Principal Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 256-4517 Mobile (919) 270-2068 bzarzeckiL@sandec.com Visit us at sandec.com Bob Zarzecki From: Shawn Donovan <shawn@concepteight.com> Sent: Friday, November 19, 2021 4:26 PM To: Jason Meadows Subject: FW: 1751 Corporation Parkway / Raleigh / Wake County / SAW-2021-02256 / Jurisdictional Determination Attachments: Wetland Identification Map.pdf Jason, Can you please pick this up? Sounds like he's speaking French, but it may be German... SHAWN DONOVAN President Concept 8, LLC 307 S. Salem St., Suite 200 Apex. NC 27502 919.601.5078 www.concepteight.com From: Elias Ruhl <ERuhl@FandR.com> Sent: Friday, November 19, 2021 3:59 PM To: Shawn Donovan <shawn@concepteight.com> Cc: Alex Aycrigg <AAycrigg@FandR.com> Subject: FW: 1751 Corporation Parkway / Raleigh / Wake County / SAW-2021-02256 / Jurisdictional Determination Shawn, Please see the email below and the attached map as confirmation of the USACE jurisdictional determination for this site. Please print this email and the JD map for your records. Regarding the permitting, I wanted to let you know that many of the USACE nationwide permits have been put on -hold indefinitely by court order, including NWP 29, which is used for residential developments. It is possible we could still permit the site under NWP 18, but the allowable disturbance is much lower so I would need to see the proposed impact maps to know if that would work. I have not received any additional info from the design engineer. Let me know if you want to discuss. Thanks and have a great weekend! Eli Elias N. Ruhl Regional Manager, Environmental Services Practice Leader, Natural Resources FROEHLING & ROBERTSON 310 Hubert Street, Raleigh, NC 27603 T: 919.719.1973 1 M: 919.630.1705 eruhl@fandr.com I www.fandr.com From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Thursday, November 18, 2021 1:26 PM To: Alex Aycrigg <AAvcrigg@FandR.com> Subject: 1751 Corporation Parkway / Raleigh / Wake County / SAW-2021-02256 / Jurisdictional Determination Mr. Aycrigg, I do not need to make a site visit for the above referenced project, and concur with the delineation within the red outlined "Review Area" depicted on the attached "Wetland Identification Map" exhibit. Due to workload volume it may take 90-120 days for the issuance of a standalone JD, however, you may use the delineation for planning and permitting purposes. Should the need for a permit arise the JD can be issued with the permit verification. The AID for this project is SAW-2021-02256. I have attached the "Wetland Identification Map" exhibit for reference. Please let me know if you have any questions/concerns. Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. The content of this email is the confidential property of Froehling & Robertson, Inc. (F&R) and should not be copied, modified, retransmitted, or used for any purpose except with F&R's written authorization. If you are not the intended recipient, please delete all copies and notify the sender immediately. Potential Stream 1 was field verified as a non - jurisdictional hydrologic connection to Potential Wetland 1 by Lyle Phillips (USACE) on 8/18/2022. a Stream 1 = 40 LF Wetland 1 = 0.046 acres Froehling & Robertson, Inc. 310 Hubert Street Raleigh, North Carolina 27603 T 919.828.3441 Wetland Identification Map Client: Project: Location: Project Number: Data Source: Date: Concept 8, LLC Corporation ParkwayTownhomes Site Raleigh, Wake County, NC 59Z-0334 F&R Field Observation September 2021 'Scale: 1:1,500 FIGURE 5 No. COPb U.S. ARMY CORPS OF ENGMEERS Wa,MINGTON DISTRTICT Action U3-- !W.- 2531 County: Wake U.S.G.S. Quad: NC-Ralci h East NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: You-ng and McQueen Grading company / Samuel Youn Address: 25 Crest View Road Raleigh, North Carolina 27610 Telephone Number. 82"82-7714 Size (acres): 224 Nearest Torn: Garner Nearest Waterway: ut to Crabtree Creek Coordinates: 35.80251 Z N-78.55749 Fdver Basin/ RUC: Neuse Location description: The uro'ect is located at 1751 Cor oration Parkwa Ralei h Wake Couo North Carolina. Indicate Which of the FoUowin Apply: A. Preliminary Determination 7i Based on preliminary information, there may be wetlands on the above described project area We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction- To be considered final, a jurisdictional determination must be verified by the Cotes. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). if you wish, you may request an approved 7D (which may be appealed), by contacting the Corps district for fiuther instruct! on. Also, you may provide new information for fiather consideration by the Corps to reevaluate the ]D. E. Approved Detertniaation There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 444 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the sLu of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated an thedelineation a hie�su has been be verified by the Corps. We strongly suggest you have this delineation surveyed. Uponcompletion, reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years- _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official idwti£ed below on . Unless there is a change the law our published regulations, this determination may be relied upon far a period not to exceed five years from the date ofth this notification. '!'here are no waters of the U.S., to include wetlands, present on the above descrbed project area which are subject to tits permit requirements of Section 404 ofthe Clean Water Act (33 USC 1344). Unless theta is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Msnagemant Act (CAMA). You should contact the Division of Coastal Managemmrt to determine their requirements. placement -of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit MIRY constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tasha Alexander at 919-5544884, crt. 35 or tashe.Lalexander@nsace.army.mil. C. Basis for Determination: the Based o Information submitted by the aaolicant, then sect area appears to -exhibit criteria for orate of U.& as defined in 33 CFg 328 the JD Guidebook i.e. Ra anos GuidangI and/or the 1987 Wetla_nA Delineation Manual, and the Reaicnal Supplement to the 1987 Manual: Eastern piedmont and untsim V2-0- The approximate boundarieg of the potential waters of the U.S. are depicted on the raybed map dated December 21,20M labeled Figure 7. Field Verification Map, Strea and WetlandDeterrainations, 1751 corporation Parkway. D. Remarks: Site visit conducted on December 21, 2015. E. Attention USDA Program Participants This delinestion/determination has been conducted to identify the limits of Corps, Clean Water Act jurisdiction for the particular site identified in this request. The delineadon/detennination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting worts F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in IL above) This correspondence constitutes an approved jurisdictional determination for the above described at 33 CFR PartSit . If You Ob ec will find a to this determinarion, you may request an administrative appeal under Corps regulations Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA foam to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the date below. **It is not necessary to submit A f to the Division Office if you d not object to the determination in this correspondence."* Corps Regulatory Official: rider Issue Date of JD: March 1, 2016 Expiration Date: NIA The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hq://regulato usacesurvey.com/. Copy furnished: Brian Dustin, Mulkey Engineers & Consultants,.6750 Tryon Road, Cary, NC 27518 t--- at v A t1MI1%:15 rI A nv t• ;MIPF A I, 0VTI0N.'4 A SII pwI( vss A N I I r•ttTii•t[ ail[ . rt,u :, III'[ Al._ Applicant:Young and McQueen Grading Company 1 1 File Number: SAW-Z4i5-02531 Dale: _March I, Zblti Samuel Young S ti below See ec on Attached is: W,7jALPRO?~FERED PERMIT Standerd Pe: nit or Letter of ermissi +J PROFFERED PERMIT d P'--=t er Letter of ne MissiL PERMIT DEN`_A' APPROVED JURISDICTIONAL DE7RMINAT ON PRELIMINARY JURISDICTIONAL D I'GRMINATION ►, E BECTiON t • Itie folivw:ng idc.•tilfies your rights erid optiom regarding cut zdruin-stratiVu appeal of titre alxwe decislor,. r P 18ttsaad3" ssnJt us or Aad] honar infarmahInr3ay be .autld At lI *►�^usecQ millMiaEiousPCivilWa�ks<itc > — C s r+e ulgions at 33 CFR Part 331 _ — — — A: INITIAL PROFFERED PERNI[T: You ",Ay accept or object to the permit. • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authari7ation. If you received a Leber of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on tfne Standard permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section a of this form and return the farm to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, ar you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of Your objections, or (c) not modify the permit having. determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. Il 11l;0l• I +RFD t'ERMI"l Ypu tnny aCC,0Pt 0T uppeal line lWn11iF • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for firtai authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, 'including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this farm and sending the form to the division engineer. This form must be received by the division crigineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer, This form must be received by the division engineer within 60 days of the date of this notice. D: A Pp ED JiJRISDICTIONAL DETERMINATION: infnrnmatiQn. You may accept or appeal the approved TD or provide new ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,, means that you accept the approved jD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer wit-dn 60 days of the date of this no'.ice. nRELIMINARY JURISDiCTiONAL DETERMTNAI IC?�i' �'au do not need to respond to the Corps regarding the pre°,iminary 3D. Tlie Prcliminik-y SD is not appealab:e. if you wish, you may request an approved JD (which may be appealed}, by.contacting *he Cotes distt:ict for further fnstru on. Also you may provide new information for further consideration by the Corps to reevaluate `he M. SECTION 11- RE VEST FOR APPEAL or U3.IEGTIONS TO AN INfIIAL pRoFFEREI7 PERMIT 'ect-0115 to art zi j' EASONS FOR APPEAL OR OBJEC EONS: E NS,o��Gri�your r=orls ch additional finformealingation o the deforrncision to c arify where your reasons nrvff'ered pe-'�= � ci�-r corcise stateru Y objections are addressed in the admnUstrative rreccard.) ADDITIONAL B"r RMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for fhe record of the appeal conference or meeting, and any supplemental information that the review officer has determ-ned is needed to clarify the administrative record. Neither the appellant nor the Corps tray add new information or analyses administrative s s t there However, you may provide additioncoinformational information to clarify the location of information that is already in the record. POINT OF CONTACT FOR QtPMONS OR INFORMkTION process ou may if you have questions regarding this decision and/or the If you only have questions regarding the. appeal p Y appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer i ?5AD PDa Attn: Tasha Alexander U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 14M15 Atlanta, Georgia 30303-8801 Phone; (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Carps of Engineers personnel, and any government consultants, to conduct investigatioas of the project site during the couirse of the appeal process. You will be provided a 15 day notice of an site in►�esti Lionnt , and will have the o rtuo �c: ate in all site investi � 3 Teph e n her. Sistnature of appellant or For appeals on Initial Proffered Permits send this form to. District Engineer, Wilmington Regulatory Division, Attu.: Tasha Alexander, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits And approved Jurisdictional Determinations send this form to: J)"ion Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10MI5, Atlanta, GeorgiS-8801 Phone: (404) 562-5I37 ATrACHMEJWrA PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORM T,� ION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):12-21-15 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Brian Dusfl% 6750 Tryon Rd. Cary NC. 27616 C. DISTRICT OFFICE, FILE D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 2r41 arcee on the comer of Corporeffm Pky and Fled' Bhid (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODES AT DIFFERENT am) State: NC Countylparlshlborough: wales City: rah Center coordinates of site Oatllong In degree decimal format): Lat. 36.8=12 ON; Long.-78m7400 Universal Transverse Mercator. 178720706=4802 Name of nearest waterbody. Newe Fbw °W. Identify (estimate) amount of waters In the review area: Non -wetland waters: 0 linear feet: 0 width (ft) andlor 0 acres. Cowerdln Class: Stream Flaw: Wetiands:.0.01 acres. Cowardin Class: PFO Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT �/ Office (Desk) Determination. Date: 0 Field Determination. Date(s): 12.2145 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked Items should be Included In case Ale and, checked and requested, appropriately reference sources below): Maps, plans, plots or plat submtEted by or on behalf of the mAnUmant/rrinraurtwnt Brion Dusft MADY Ina ❑✓ Data sheets preparad/submitted by or on behalf of the apallcavdconsuftent. Office concurs with data sheets/dellneatlon report Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study., ❑ U.S. Geological Surrey Hydrologic Atlas: ❑ USGS NHD data USGS 8 and 12 digit HUG maps ❑✓ U.S. Geological Survey map(a). Cite scale & quad name:24k FtWdgh End 1093 ❑ USDA Natural Resoums Conservation Service Soll Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ StateJLocal wetland inventory map(s): ❑ FEMA /FIRMI maps: ❑ 100-yrear Fioodplaln Elevation Is: (National Gwdectic Vertical Datum of 1929) ❑✓ Photographs: t���Aerial (Name & Date): Bkv Maps or F1 Other (Name & Data); ❑ Previous detsffnljii tlon(s): File no. and date of response letter:_ ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be Judedictional waters of the United States on the subject site, and the permit Wpft" or other affected party who requested this preliminary JD Is hereby advised of his or her option to request and obtain an approved Jurlsdledonal determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this prellminary.'JD has declined to exercise the option to obtain an approved JD In this Instance and at this time. 2. In any do umsbwxm where a permit applicant obtains an Individual permit, or a Nationwide General Permit (NW) or other generd permit vwffla on requiring 'pus-construdton notiflcstion' (PCNJ or requests verification for a non -reporting NVVP orother-g®naral perm, and the permit applicant has not requested.en approved JD for the achy, the permit applicant is hereby made aware of the fblkrwing: (1) the.penult applicant has eleobad to seek a permit authorization based on a prdMr ry JD, which does riot make an official determine on of Jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authmbstion on an approved JD could possibly result In less compensatory mitigation being required or difiierent special conditions; (3) that the applicant has the right to request an Individual permit rather than accepting the terms and conditions of the NVVP or other general permit authorization; (4) that the applicant can accept a permit authorbMion and thereby agree to wmpiy with all. the tents and conditions of that permit, Including whatever mitigation requirements the Corps has determined to be neoeaeary, (5) that undert Mng arapr ai dv)gr th miler be upon the subject. permit authoriftn without requesting an approved JD constilub w the opplk arrYs accepterice of the use of the prellminary.JD, but that eitherfarm of JD will be processed as soon as Is pracdiceble; (6).accepthtg a permit authorization (e.g., signing a proffered individual permit) or undertafdng any activity In reliance on arty form or Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are Jurisdictional waters of the United States, and precludes any challenge: to auch Jut, r dlafth In any*. administrative or Judicial compliance or enforcement action, orin any edmihlatrativs appeal or. In any. Federal court; and (7) whether the .. leant aloft to use alther an approved JD or s preliminary JD, ftt * JD will be processed as soon as 1s practicable. further, an approved JD, a proillered Indildual- penult (and al -terms and conditionw.contained therein), :or Individual Pernik denial -cyan be administratively oppealed pursuant to 33 C.F.R. Part 331. and that In any adminlstradvseppeal, Judadletional Issues can be raised (sea 33 C.F.R. 331.5(e)(2)). If. during that adminlstradve.apperd, it becomes necessiary to make anAlcial deisermination whether MA Jurlsdidton erdsts over a Vie, or io provide an official delineation or Judediadonal waters on the site, .the Corps will provide art approved JD to accomplish -that result, as soon as Is piacticable: 3 This preliminary JD finds that there Yney be'waters of the United States on the subject project site, and Identifies all aquatic features on the site that could be affected by the proposed activity, based on the tbliowing Information: I re and date of Signature and date of ory ProJect Manager person requesting preliminary JD RED) (REQUIRED, unless obtaining �r "?d CP the signature Is impracticable) aNVI1.3M!OL NOU339-NON LO'0 O.4d 8L808£SE' s- 903v"WDVK VM id W3Ni'I i 93 �o u1Pa� 3 ItePo+ PP) v'1 (s;sP� Pp) OPIWI �N � jIuuw "it ql� ��V iR 3unowv PNMRm 4MWd UIOWMOdMo L9Li :MW.L UgIVM arM"IYNUM 30M A n 1 COPb U.S. ARMY CORPS OF ENGMEERS Wa,MINGTON DISTRTICT Action U3-- !W.- 2531 County: Wake U.S.G.S. Quad: NC-Ralci h East NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: You-ng and McQueen Grading company / Samuel Youn Address: 25 Crest View Road Raleigh, North Carolina 27610 Telephone Number. 82"82-7714 Size (acres): 224 Nearest Torn: Garner Nearest Waterway: ut to Crabtree Creek Coordinates: 35.80251 Z N-78.55749 Fdver Basin/ RUC: Neuse Location description: The uro'ect is located at 1751 Cor oration Parkwa Ralei h Wake Couo North Carolina. Indicate Which of the FoUowin Apply: A. Preliminary Determination 7i Based on preliminary information, there may be wetlands on the above described project area We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction- To be considered final, a jurisdictional determination must be verified by the Cotes. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). if you wish, you may request an approved 7D (which may be appealed), by contacting the Corps district for fiuther instruct! on. Also, you may provide new information for fiather consideration by the Corps to reevaluate the ]D. E. Approved Detertniaation There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 444 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the sLu of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated an thedelineation a hie�su has been be verified by the Corps. We strongly suggest you have this delineation surveyed. Uponcompletion, reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years- _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official idwti£ed below on . Unless there is a change the law our published regulations, this determination may be relied upon far a period not to exceed five years from the date ofth this notification. '!'here are no waters of the U.S., to include wetlands, present on the above descrbed project area which are subject to tits permit requirements of Section 404 ofthe Clean Water Act (33 USC 1344). Unless theta is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Msnagemant Act (CAMA). You should contact the Division of Coastal Managemmrt to determine their requirements. placement -of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit MIRY constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tasha Alexander at 919-5544884, crt. 35 or tashe.Lalexander@nsace.army.mil. C. Basis for Determination: the Based o Information submitted by the aaolicant, then sect area appears to -exhibit criteria for orate of U.& as defined in 33 CFg 328 the JD Guidebook i.e. Ra anos GuidangI and/or the 1987 Wetla_nA Delineation Manual, and the Reaicnal Supplement to the 1987 Manual: Eastern piedmont and untsim V2-0- The approximate boundarieg of the potential waters of the U.S. are depicted on the raybed map dated December 21,20M labeled Figure 7. Field Verification Map, Strea and WetlandDeterrainations, 1751 corporation Parkway. D. Remarks: Site visit conducted on December 21, 2015. E. Attention USDA Program Participants This delinestion/determination has been conducted to identify the limits of Corps, Clean Water Act jurisdiction for the particular site identified in this request. The delineadon/detennination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting worts F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in IL above) This correspondence constitutes an approved jurisdictional determination for the above described at 33 CFR PartSit . If You Ob ec will find a to this determinarion, you may request an administrative appeal under Corps regulations Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA foam to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the date below. **It is not necessary to submit A f to the Division Office if you d not object to the determination in this correspondence."* Corps Regulatory Official: rider Issue Date of JD: March 1, 2016 Expiration Date: NIA The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hq://regulato usacesurvey.com/. Copy furnished: Brian Dustin, Mulkey Engineers & Consultants,.6750 Tryon Road, Cary, NC 27518 t--- at v A t1MI1%:15 rI A nv t• ;MIPF A I, 0VTI0N.'4 A SII pwI( vss A N I I r•ttTii•t[ ail[ . rt,u :, III'[ Al._ Applicant:Young and McQueen Grading Company 1 1 File Number: SAW-Z4i5-02531 Dale: _March I, Zblti Samuel Young S ti below See ec on Attached is: W,7jALPRO?~FERED PERMIT Standerd Pe: nit or Letter of ermissi +J PROFFERED PERMIT d P'--=t er Letter of ne MissiL PERMIT DEN`_A' APPROVED JURISDICTIONAL DE7RMINAT ON PRELIMINARY JURISDICTIONAL D I'GRMINATION ►, E BECTiON t • Itie folivw:ng idc.•tilfies your rights erid optiom regarding cut zdruin-stratiVu appeal of titre alxwe decislor,. r P 18ttsaad3" ssnJt us or Aad] honar infarmahInr3ay be .autld At lI *►�^usecQ millMiaEiousPCivilWa�ks<itc > — C s r+e ulgions at 33 CFR Part 331 _ — — — A: INITIAL PROFFERED PERNI[T: You ",Ay accept or object to the permit. • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authari7ation. If you received a Leber of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on tfne Standard permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section a of this form and return the farm to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, ar you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of Your objections, or (c) not modify the permit having. determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. Il 11l;0l• I +RFD t'ERMI"l Ypu tnny aCC,0Pt 0T uppeal line lWn11iF • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for firtai authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, 'including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this farm and sending the form to the division engineer. This form must be received by the division crigineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer, This form must be received by the division engineer within 60 days of the date of this notice. D: A Pp ED JiJRISDICTIONAL DETERMINATION: infnrnmatiQn. You may accept or appeal the approved TD or provide new ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,, means that you accept the approved jD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer wit-dn 60 days of the date of this no'.ice. nRELIMINARY JURISDiCTiONAL DETERMTNAI IC?�i' �'au do not need to respond to the Corps regarding the pre°,iminary 3D. Tlie Prcliminik-y SD is not appealab:e. if you wish, you may request an approved JD (which may be appealed}, by.contacting *he Cotes distt:ict for further fnstru on. Also you may provide new information for further consideration by the Corps to reevaluate `he M. SECTION 11- RE VEST FOR APPEAL or U3.IEGTIONS TO AN INfIIAL pRoFFEREI7 PERMIT 'ect-0115 to art zi j' EASONS FOR APPEAL OR OBJEC EONS: E NS,o��Gri�your r=orls ch additional finformealingation o the deforrncision to c arify where your reasons nrvff'ered pe-'�= � ci�-r corcise stateru Y objections are addressed in the admnUstrative rreccard.) ADDITIONAL B"r RMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for fhe record of the appeal conference or meeting, and any supplemental information that the review officer has determ-ned is needed to clarify the administrative record. Neither the appellant nor the Corps tray add new information or analyses administrative s s t there However, you may provide additioncoinformational information to clarify the location of information that is already in the record. POINT OF CONTACT FOR QtPMONS OR INFORMkTION process ou may if you have questions regarding this decision and/or the If you only have questions regarding the. appeal p Y appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer i ?5AD PDa Attn: Tasha Alexander U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 14M15 Atlanta, Georgia 30303-8801 Phone; (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Carps of Engineers personnel, and any government consultants, to conduct investigatioas of the project site during the couirse of the appeal process. You will be provided a 15 day notice of an site in►�esti Lionnt , and will have the o rtuo �c: ate in all site investi � 3 Teph e n her. Sistnature of appellant or For appeals on Initial Proffered Permits send this form to. District Engineer, Wilmington Regulatory Division, Attu.: Tasha Alexander, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits And approved Jurisdictional Determinations send this form to: J)"ion Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10MI5, Atlanta, GeorgiS-8801 Phone: (404) 562-5I37 ATrACHMEJWrA PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORM T,� ION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):12-21-15 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Brian Dusfl% 6750 Tryon Rd. Cary NC. 27616 C. DISTRICT OFFICE, FILE D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 2r41 arcee on the comer of Corporeffm Pky and Fled' Bhid (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODES AT DIFFERENT am) State: NC Countylparlshlborough: wales City: rah Center coordinates of site Oatllong In degree decimal format): Lat. 36.8=12 ON; Long.-78m7400 Universal Transverse Mercator. 178720706=4802 Name of nearest waterbody. Newe Fbw °W. Identify (estimate) amount of waters In the review area: Non -wetland waters: 0 linear feet: 0 width (ft) andlor 0 acres. Cowerdln Class: Stream Flaw: Wetiands:.0.01 acres. Cowardin Class: PFO Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT �/ Office (Desk) Determination. Date: 0 Field Determination. Date(s): 12.2145 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked Items should be Included In case Ale and, checked and requested, appropriately reference sources below): Maps, plans, plots or plat submtEted by or on behalf of the mAnUmant/rrinraurtwnt Brion Dusft MADY Ina ❑✓ Data sheets preparad/submitted by or on behalf of the apallcavdconsuftent. Office concurs with data sheets/dellneatlon report Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study., ❑ U.S. Geological Surrey Hydrologic Atlas: ❑ USGS NHD data USGS 8 and 12 digit HUG maps ❑✓ U.S. Geological Survey map(a). Cite scale & quad name:24k FtWdgh End 1093 ❑ USDA Natural Resoums Conservation Service Soll Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ StateJLocal wetland inventory map(s): ❑ FEMA /FIRMI maps: ❑ 100-yrear Fioodplaln Elevation Is: (National Gwdectic Vertical Datum of 1929) ❑✓ Photographs: t���Aerial (Name & Date): Bkv Maps or F1 Other (Name & Data); ❑ Previous detsffnljii tlon(s): File no. and date of response letter:_ ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be Judedictional waters of the United States on the subject site, and the permit Wpft" or other affected party who requested this preliminary JD Is hereby advised of his or her option to request and obtain an approved Jurlsdledonal determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this prellminary.'JD has declined to exercise the option to obtain an approved JD In this Instance and at this time. 2. In any do umsbwxm where a permit applicant obtains an Individual permit, or a Nationwide General Permit (NW) or other generd permit vwffla on requiring 'pus-construdton notiflcstion' (PCNJ or requests verification for a non -reporting NVVP orother-g®naral perm, and the permit applicant has not requested.en approved JD for the achy, the permit applicant is hereby made aware of the fblkrwing: (1) the.penult applicant has eleobad to seek a permit authorization based on a prdMr ry JD, which does riot make an official determine on of Jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authmbstion on an approved JD could possibly result In less compensatory mitigation being required or difiierent special conditions; (3) that the applicant has the right to request an Individual permit rather than accepting the terms and conditions of the NVVP or other general permit authorization; (4) that the applicant can accept a permit authorbMion and thereby agree to wmpiy with all. the tents and conditions of that permit, Including whatever mitigation requirements the Corps has determined to be neoeaeary, (5) that undert Mng arapr ai dv)gr th miler be upon the subject. permit authoriftn without requesting an approved JD constilub w the opplk arrYs accepterice of the use of the prellminary.JD, but that eitherfarm of JD will be processed as soon as Is pracdiceble; (6).accepthtg a permit authorization (e.g., signing a proffered individual permit) or undertafdng any activity In reliance on arty form or Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are Jurisdictional waters of the United States, and precludes any challenge: to auch Jut, r dlafth In any*. administrative or Judicial compliance or enforcement action, orin any edmihlatrativs appeal or. In any. Federal court; and (7) whether the .. leant aloft to use alther an approved JD or s preliminary JD, ftt * JD will be processed as soon as 1s practicable. further, an approved JD, a proillered Indildual- penult (and al -terms and conditionw.contained therein), :or Individual Pernik denial -cyan be administratively oppealed pursuant to 33 C.F.R. Part 331. and that In any adminlstradvseppeal, Judadletional Issues can be raised (sea 33 C.F.R. 331.5(e)(2)). If. during that adminlstradve.apperd, it becomes necessiary to make anAlcial deisermination whether MA Jurlsdidton erdsts over a Vie, or io provide an official delineation or Judediadonal waters on the site, .the Corps will provide art approved JD to accomplish -that result, as soon as Is piacticable: 3 This preliminary JD finds that there Yney be'waters of the United States on the subject project site, and Identifies all aquatic features on the site that could be affected by the proposed activity, based on the tbliowing Information: I re and date of Signature and date of ory ProJect Manager person requesting preliminary JD RED) (REQUIRED, unless obtaining �r "?d CP the signature Is impracticable) aNVI1.3M!OL NOU339-NON LO'0 O.4d 8L808£SE' s- 903v"WDVK VM id W3Ni'I i 93 �o u1Pa� 3 ItePo+ PP) v'1 (s;sP� Pp) OPIWI �N � jIuuw "it ql� ��V iR 3unowv PNMRm 4MWd UIOWMOdMo L9Li :MW.L UgIVM arM"IYNUM 30M A n 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2015-02531 County: Wake U.S.G.S. Quad: NC -Raleigh East GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Young and McQueen Grading Company Samuel Young Address: 25 Crest View Road Raleigh, NC 27610 Telephone Number: 828-682-7714 E-mail: swung()YOungmcgueen.com Size (acres) 24 Nearest Town Garner Nearest Waterway Crabtree Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.801991 Longitude:-78.557601 Location description: The project is located at 1751 Corporation Parkway, Raleigh, Wake County, North Carolina. Description of projects area and activity: This verification authorizes impacts to 0.01 acre of wetlands to construct a mixed use recreational sports field and associated parking. Impacts are permanent. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 42. Recreational Facilities SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 12/6/2016, and the submitted plans 1 of 1 dated 11/29/2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. 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 requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions rega ding phis ver' ication,, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tasha Alexan er at 919-5 4-4884 ea; . 3 or tasha.l.alexander(a-)usace.army.mil. Corps Regulatory Official: ,!J Date: 7/26/2017 Expiration Date of Verifieatio 8/2022 2015-02531 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapti,-usace.army.mil/ein—apox/Vp=l 3 6:4: 0 Copy furnished: Agent: CALYX Engineers + Consultants Brian Dustin Address: 6750 Tryon Road Cary, NC 27518 Telephone Number: 919-858-1926 E-mail: bdustin(a,calyxenjZineers.com Action ID Number: 2015-02531 County: Wake Permittee: Young and McQueen Grading Company, Samuel Youn Project Name: 1751 Corporation Date Verification Issued: 7/26/2017 Project Manager: Tasha Alexander Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Tasha Alexander Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heirtage Tade Drive, Suite 105 Wake Forest, North Carolina 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date u OD z , } / \ \ °� |■ §d ` . _ �o>: z== 2 4@ ■� , 3< « § oz e ®f ozm■ Uk;| % 2 w , z --x a_) Q ( / ° o`` ° / 7 ~ § _� m� ,»,xx ©,Ei.- ( � ! ! A„� ` ; • } � ====y e-11-11z, ---�_\ UOD O� p 41� $iE @6gg� ®& ygL ygi Q& i ®& pE€ gg gE �p qg3 �qgf gg - a Z W U Z �= o Zx d O a 1t{®6 6�ygygyg�3@ €88E€858jSSB Q .��/ Q z — m z°mod O��a �O a U ase. t6Ae��c AA0101C• P.O. Box 418 Clayton, NC 27528 252-908-5722 lewis@rduconsulting.com CONSULTING, PLLC PO Box 418 Clayton, NC 27528 November 9, 2022 Lyle Phillips US Army Corps of Engineers Raleigh Regulatory Field Office 121 S Morgan Street Raleigh, NC 27601 Dear Mr. Phillips, Regarding the proposed wetland impacts associated with the future development located at 1751 Corporation Parkway, RDU Consulting would like to provide the justification below: • In keeping with the existing natural drainage pattern for the site, we have selected the proposed discharge point shown on the attached Impact Exhibit Maps. • Driveways and drive aisles through the site are required to achieve fire department apparatus circulation and vehicular connectivity. The appropriate driveway entrance and drive aisle, as shown, requires that the site be filled to a higher proposed elevation to load the parking areas at an acceptable slope. • Because of the required depth of the sand filter and underground detention system, the discharge elevation of the storm drainage system near the wetland is 247.5'; thus, the discharge pipe must extend to the location shown to daylight the site drainage. • The existing City of Raleigh Greenway easement in the plan northwest corner of the site prohibits any grading activity and causes our limits of disturbance to begin further toward the interior of the site, encroaching into the wetland. • The existing wetland area does not meet the UDO requirements for a Tree Conservation Area (TCA) because the site is subj ect to "Secondary Tree Conservation Areas" which must be obtained within a 65' offset of the site boundary. The great majority of the wetland area lies outside of the 65' perimeter offset. The remaining portion of the wetland would not qualify for TCA because it would not meet the dimensional requirements set forth by the Tree Conservation Ordinance. Please refer to Chapter 9, Article 9.1, Tree Conservation Areas, of the City of Raleigh Unified Development Ordinance. Should the USACE need to discuss the proposed impacts, please feel free to contact me directly. Regards, Lewis E. Hardee 111, PE, PLS a y J o O 1 � F^ w o F oowzoHa od, '��Wi o z a� w � a�z xV� aw�°mNai ;a a,�W aa aff`�W�ag6Wags�6Wags��Waasa�Wia€6Waff:�> �=iwl.�l1=s 92 w 1�sz zOo X w O a8¢c==o oz o �Om m Qz tWUt� �?� .,� _ _ i-S10lSe A�Hz.oF-w nv — _ _--------� CORPOR ozn