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HomeMy WebLinkAbout20150500 Ver 1_401 Application_20150515WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS 1410 COMMONWEALTH DRIVE, SUITE lol WILMINGTON, NORTH CAROLINA, 28403 (910) 256 -9277 FAX (910) 256 -2584 TO: NC Division of Water Resources 512 N. Salisbury Street; 9`h Floor Raleigh, NC 27604 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter ® Attached ❑ Prints ❑ Change order LEYTE R OX Y - ° NSMM `TQL DATE 5/18/15 1 JOB NO. 02140391-00 ATTENTION Ms. Karen Higgins PHONE# gig-807-6363 RE: Lowes at Gre stone — NWP 39 PCN Submittal Cary, Wake Count 02140391-00 NWP 39 PCN 1 5/18/15 02-140391-00 ❑ Under separate cover via ❑ Plans ❑ Samples ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 4 5/18/15 02140391-00 NWP 39 PCN 1 5/18/15 02-140391-00 CD of PCN 1 5/18/15 02140391-00 Check for $24o Application Fee THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US COPYTO: File SIGNED: Troy Beasley If enclosures are not as noted, kindly notify us at once. WITHERS �. C R,A VEN EL May 18th, 2015 US Army Corps of Engineers Regulatory Field Office Mr. David Shaeffer 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 ENGINEERS I PLANNERS I SURVEYORS NC- Division of Water Resources 401 & Buffer Permitting Unit Ms. Karen Higgins 1617 Mail Service Center Raleigh, North Carolina 27699 Re: Green Hope Crossing Subdivision — NWP 29 PCN Submittal Corps AID# SAW -2005- 20207-292 W &R Project #02130063.00 Dear Mr. Shaeffer and Ms. Higgins, On behalf of Wakefield Associates, we are requesting authorization from the USACE to use NWP 39 for o.189 acres of permanent wetland impacts for construction of the proposed mixed retail commercial development. We are also requesting a 401 WQC from NCDWR for the above referenced impacts. The project is ±15 acres in size and is located south of the southern terminus of Mills Park Drive and north of Morrisville Parkway in Cary, Wake County (Latitude: 35.8ogo °N; Longitude: - 78.8984 °W). The project is located in the Cape Fear River basin and onsite waters drain to Panther Creek. The Water Quality Classification for Panther Creek is WS -IV; NSW and the Stream Index Number is: 16 -41- 1-17-3• The cataloging unit for the site is 03030002. Proposed Proiect The proposed project consists of a commercial retail center, which will be anchored by a 49,457 sq ft Lowes Foods grocery store, with 22,000 sq ft of complimentary retail space and a Lowes fuel center. As part of the proposed project, Mills Park Drive will be extended along the front of the project and connect to Morrisville Parkway. Project History Onsite wetlands were delineated by Withers and Ravenel in 2014 and preliminarily approved by David Shaeffer during a field visit on 11/4/14 (SAW -2005 -20207 -292). A copy of an email from David Shaeffer, dated 12/1/14, documenting that the delineation was preliminarily approved has been provided as an Appendix. We are requesting issuance of the JD in conjunction with issuance of the NWP 39• 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 www.withersravenet.com I License No. C -0832 Lowes at Greystone NWP 39 PCN During the Corps site visit on 11/4/14, David Shaeffer determined that since the proposed project site was included in the original PUD for the Greystone Subdivision, the impacts from this project would be considered cumulative with permitted impacts for the Greystone Subdivision, and therefore any new permanent impacts would require mitigation. The Corps issued a NWP 12 & 39 for the Greystone Subdivision on 12/1/2006, authorizing 0.267 acres of permanent wetland impacts and 136 if of permanent stream impacts. Therefore, there are currently 0.223 acres of permanent wetland impacts remaining that are eligible for authorization under a NWP. A copy of the NWP 12 & 39 for Greystone have been provided as an Appendix. The Town of Cary issued a Buffer Determination Letter for the proposed project on 1/6/14. Please note there are no impacts to Jordan Lake Buffers associated with this project. Proposed Impacts The proposed impacts consist of o.189 acres of permanent wetland impacts. Impact A (0.033 acres) is required for construction of the building for the Lowes Foods grocery store. Impact B (0.13o acres) is required for construction of a retail building, internal road and parking. Impact C (0.026 acres) is required for construction of the Mills Park Drive extension, and rip -rap dissipater downstream of the culvert beneath Mills Park Drive. Avoidance and Minimization 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. The proposed impacts have been limited to the wetlands along the northern property line, which have been historically fragmented by construction of Mills Park Elementary School. The remnant wetlands within the proposed project site have a greatly diminished functional value, which is why the proposed impacts were concentrated within these wetlands, rather than the higher quality wetlands in the southern portion of the site. In the post development condition, the hydrologic connection between the remaining un- impacted wetlands along the northern project boundary and the offsite wetlands to the west will be maintained through a piped connection beneath Mills Park drive, which will outfall into the wetlands west of Mills Park Drive. Please note that a retaining wall was used along the northern project boundary to stabilize site fill in order to minimize impacts to wetlands. Mitigation The applicant proposes to mitigate for the o.189 acres of permanent wetland impacts at a 2:1 mitigation ratio, which will result in the purchase of 0.378 acres of offsite mitigation credits. W &R checked with all banks which service the 03030002 basin, and there were no riparian wetland mitigation credits available. Therefore, the applicant will be purchasing the 0.378 acres of riparian WITHERS & RAVENEL Page 2 of 3 ENGINEERS I PLANNERS I SURVEYORS Lowes at Greystone NWP 39 PCN wetland mitigation credits through the NCDENR Division of Mitigation Services. A copy of the Letter of Acceptance has been provided as an Appendix. The current request is for o.189 acres of permanent wetland impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, Troy Beasley Environmental Scientist Attachments: • PCN Form • Agent Authorization • USGS Quad • Wake County Soil Survey • Corps Email Preliminarily Approving Delineation • Town of Cary Buffer Determination Letter • NCNHP Project Review Letter • DMS Mitigation Letter of Acceptance • Impact Exhibits WITHERS & RAVENEL Page 3 of 3 ENGINEERS I PLANNERS I SURVEYORS W ATF9QG oNjiiW�"MWIIAMI-'< Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑ No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑ No 2. Project Information 2a. Name of project: Lowes at Greystone 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: M/I Homes of Raleigh, LLC 3b. Deed Book and Page No. Book: 11367; Page: 1774 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1511 Sunday Drive; Suite 100 3e. City, state, zip: Raleigh, NC 27607 3f. Telephone no.: 919 - 233 -5740 3g. Fax no.: 3h. Email address: jmedlin @mihomes.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Developer 4b. Name: Richard E. Rowe - President 4c. Business name (if applicable): Wakefield Associates 4d. Street address: 188 Wind Chime County; Suite 201 4e. City, state, zip: Raleigh, NC 27615 4f. Telephone no.: 919 - 789 -9707 4g. Fax no.: 4h. Email address: rerwakefld @aol.com 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910 - 256 -9277 5f. Fax no.: 910 - 256 -2584 5g. Email address: tbeasley @withersravenel.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN 0734083991 1 b. Site coordinates (in decimal degrees): Latitude: 35.8090 °N Longitude: - 78.8984 °W (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: ±15 acres (portion north of Morrisville Parkway) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Panther Creek (Stream Index: 16- 41- 1 -17 -3) proposed project: 2b. Water Quality Classification of nearest receiving water: WS- IV;NSW 2c. River basin: Cape Fear (Jordan Lake Watershed) — HUC 03030002 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site currently consists of fallow pasture and undeveloped woodlands along the northern property line. 3b. List the total estimated acreage of all existing wetlands on the property: ±0.6 acres total 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Perennial — ±230 If 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a commercial retail center, which will be anchored by a Lowes grocery store, to service this heavily developed area of Cary, most specifically the Greystone Subdivision. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists of a mixed retail commercial development, which will be anchored by a 49,457 sq ft Lowes grocery store, with 22,000 sq ft of complimentary retail uses. A Lowe's fuel center is also proposed. As part of the proposed project, Mills Park Drive will be extended along the front of the project and connect to Morrisville Parkway. Standard commercial construction equipment and techniques will be used to construct the proposed project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes El No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary ❑Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Withers & Ravenel Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. David Shaeffer with the Corps field approved the wetland delineation on 11/4/14 (SAW- 2005 - 20207 -292), as is documented in an email from David dated 12/1/14, which has been provided as an Appendix. We are requesting issuance of the JD in conjunction with issuance of the NWP 39. The Town of Cary issued a Buffer Determination Letter for the project site on 1/6/14. A copy has been provided as an Appendix. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. David Shaeffer with the Corps of Engineers determined that since the proposed project site was included in the original PUD for the Greystone Subdivision, the impacts from this site would be considered cumulative with permitted impacts for the Greystone Subdivision, and therefore will require mitigation. The Corps issued a NWP 12 & 39 for the Greystone Subdivision on December 1, 2006 (SAW- 2005 - 20207 -292) authorizing 0.267 acres of permanent wetland impacts and 136 If of permanent perennial stream impacts. A copy of the NWP 39 for Greystone has been provided as an Appendix. Therefore, there are currently 0.223 acres of wetland impacts remaining that are eligible for authorization under a NWP 39. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T Impact A ® P ❑ T Fill Headwater Forest ® Yes ❑ No ® Corps ® DWQ 0.033 ac Impact B ® P ❑ T Fill Fill Headwater Forest ® Yes El ® Corps ® DWQ 0.130 ac Impact C ®P ❑T Fill Headwater Forest ® Yes El No ® Corps ®DWQ 0.026 ac 2g. Total wetland impacts 0.189 ac 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑ PEI T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ® Other: Jordan Lake Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? 131 ❑P ❑T ❑Yes ❑ No B2 ❑ PEI T F-1 Yes ❑ No B3 ❑P ❑T F-1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. The proposed impacts have been limited to the wetlands along the northern property line, which have been historically fragmented by construction of Mills Park Elementary School. The remnant wetlands within the proposed project site have a greatly diminished functional value, which is why the proposed impacts were concentrated within these wetlands, rather than the higher quality wetlands in the southern portion of the site. In the post development condition, the hydrologic connection between the remaining un- impacted wetlands along the northern project boundary and the offsite wetlands to the west will be maintained through a piped connection beneath Mills Park drive, which will outfall into the wetlands west of Mills Park Drive. Please note that a retaining wall was used along the northern project boundary in order to minimize impacts to wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Retaining walls have been used along the northern project boundary to stabilize site fill in order to minimize wetland impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.378 acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8of11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Diffuse flow requirements are being reviewed /approved by the Town of ❑ Yes ® No Cary as part of the stormwater management plan review. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 53.64% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed stormwater management plan consists of two stormwater wetland BMPs. The stormwater management plan is being reviewed /approved by the Town of Cary. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Cary ® Phase II 3b. Which of the following locally - implemented stormwater management programs ® NSW F-1 USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1 c. 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: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project is located within a heavily developed area of Cary, and will not be a catalyst for future development that could impact downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Town of Cary sanitary sewer Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? W &R reviewed the NC Natural Heritage Program database, located at https: / /ncnhde.natureserve.org /content/map, which did not identify any known occurrences of federally listed species or critical habitat on the subject property or within 1.0 miles of the project. A copy of the NCNHP Project Review Letter has been provided as an Appendix. Furthermore, site reviews did not identify any occurrences of or habitat for federally protected species known to occur in Wake County, with the exception of the northern long -eared bat. Potential habitat for the northern long -eared bat was identified within the forested area in the northern portion of the project site. The project will result in clearing of mature forest (3.0" DBH or bigger). However, tree clearing is not anticipated to occur between of June 1St and July 31St. Therefore, the proposed project "may affect, but is not likely to adversely affect" the northern long -eared bat. The project will have No Effect on all other federally protected species known to occur in Wake County. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters in Wake County designated as EFH. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? W &R reviewed the NC State Historic Preservation Office's online database, located at: http: / /gis.ncdcr.gov /hpoweb /, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Troy Beasley — Withers & Ravenel Authorized Agent 5/18/15 Applicant/Agent's Printed Name Date Applicant /Agent's Signature Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM & ACCESS AUTHORIZATION FORM WITHERS RAVEN EL ENGINEERS I PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, Wakefield Associates (Client) does hereby appoint Withers & Ravenel Inc as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Carps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and /or; b) preparation and submittal of appropriate environmental permit applications /requests for the Lowes at Grevstone oroiect, located south of the terminus of Mills Park Drive in Cary. Wake County. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests /applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Date: h ) y�]`i Agent's Name, Address & Telephone: Signature of Client: n Withers &Ravenel. Ina hA" (Name -Print (Title) 115 MacKenan Drive Cary, NC 27511 (Signature) Tel. (919)469-3340 ix8 Li,) --,,Otc 2ov M " g Address z N(- ) IS City I State Zip Phone: ciLS� 7gS- 97u 7 Email: Rl G�wrav/.��=y,DGaol. low 115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.33401 fax: 919. 46 7 -60081 www.withersravenel.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.92771 fax: 910.256.2584 7011 Albert Vick Road I Suite G I Greensboro, NC 274091 tel: 336.605.30091 fax: 919.467.6008 WITHERS ��'- RAVEN EL ENGINEERS I PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner MA Homes (Client) does hereby appoint Troy Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Grevstone Tract H project. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests /applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: Troy Beasley / Withers & Ravenel. Inc. 1410 Commonwealth Drive, Suite 101 Wi minaton. NC 28403 Tel. (910) 256 -9277 Date: l Signature of Client: Ycr ; VC Nam rint) (Title) (Signature) Mailing Address City State Zip Phone: L) 1 °l - 2-'S'S — S? "CO 0.P. CLI�11-114,161 1141ci. Email: 'ADS* - &g �-- 115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 1 fax: 919.467 -6008 1 www.withersravenel.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 USGS QUAD & WAKE CO. SOIL SURVEY GRAPHIC SCALE � o iso 300 1 inch = 300 ft. W • �r � , I 4W W LOWES AT GREYSTONE USGS QUAD -GREEN LEVEL WITHERS �[' RAVENEL IMOIN[!R7 1 FLRRRRR3 I f11R.YRYORi CARY WAKF ( :Ot,,N lY ` ORP ('AR(111NA GRAPHIC SCALE ° 0 150 390 1 inch 4 300 h. I x ,D • Fd n w 2 CrBe Cr GrC r I �'i l • s sE I lk • r fr . A• ft * w-s. CrCz LOWES AT GREYSTONE WITHERS RAVENEL WAKE CO, SOIL SURVEY - SHEET 45 ENGINEERS I PLANNING I SURVIVORS CARY tVAA[ (Qw%lr NORTH C.1ROUNA 11 1 CORPS EMAIL PRELIMINARILY APPROVING DELINEATION Richmond, Martin From: Shaeffer, David L SAW < David .L.Shaeffer @usace.army.miI> Sent: Monday, December 01, 2014 8:19 AM To: Beasley, Troy Cc: Richmond, Martin Subject: RE: Lowes at Greystone (AID #SAW- 2005 - 20207 -292) - Cary, Wake County - Submittal of JD Request (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE I have reviewed the site in the field and concur with the JD. David L. Shaeffer, Geographer U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: 919 - 554 -4884 ext. 31 Fax: 919 -562 -0421 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 : / /regulatory.usacesurvey.com/ - - - -- Original Message---- - From: Beasley, Troy [mailto:TBeasley @withersravenel.com] Sent: Friday, November 07, 2014 2:59 PM To: Shaeffer, David L SAW Cc: Richmond, Martin Subject: [EXTERNAL] Lowes at Greystone (AID #SAW- 2005 - 20207 -292) - Cary, Wake County - Submittal of JD Request David, Attached is the JD Request for the ±15 acre Lowes at Greystone project, including Rapanos Forms, located south of the terminus of Mills Park Drive in Cary, Wake County. The proposed project is part of a larger parcel (PIN 0734083991), but the southern project boundary is defined by Morrisville Parkway. We conducted a site review of the project area on 11/4/14, and you approved the wetland delineation as depicted in the attached exhibit with no revisions. I understand that it could be several months before you are able to issue the Jurisdictional Determination. In order to provide written documentation that the wetland delineation has been verified in the interim until the JD is issued, will you please respond to this email concurring with my re -cap of the results of the site review on 11/4/14. Thanks for your help and please let me know if you have any questions. Troy Beasley Withers & Ravenel< http:// www. withersraveneI .com /sigs /WRLogo.gif> 1410 Commonwealth Drive, Unit 1011 Wilmington, NC 28403 Phone: 910.256.9277 Fax: 910.256.2584 Direct: 910.509.6512 Mobile: 910.622.0122 tbeasley @withersravenel.com www.withersravenel.com <http: / /www.withersravenel.com> NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE: This electronic message, which includes any attachments and other documents referred to herein, contains information from Withers & Ravenel, Inc. that may be proprietary or confidential. The information is intended for the use of the addressee(s) only. If you are not the addressee, note that any disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. If you received this message in error, please advise the sender by reply and delete this electronic message and any attachments. COPYRIGHT NOTICE: Copyright 2010 Withers & Ravenel, Inc. All Rights Reserved by Withers & Ravenel, Inc. This electronic message, any attachments thereto and all documents referred to therein are provided for the recipient's information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic message by Withers & Ravenel, Inc. or receipt of this message by the recipient or any other party. Classification: UNCLASSIFIED Caveats: NONE TOWN OF CARY BUFFER DETERMINATION LETTER January 6, 2014 Martin Richmond Withers and Ravenel 115 Mackenan Drive Cary, NC 27511 WATER RESOURCES DEPARTMENT Subject: Jordan Lake Watershed - Urban Transition Buffer Rules Greystone Tract H Portions of Real ID # 0374871 ( -530 Mills Park Dr & North of future Morrisville Pky) TCRB 13 -017 Dear Mr. Richmond: The site location map and other information that was provided, allowed a determination to be made as to whether or not the referenced site would require compliance with The Town of Cary Urban Transition Buffer (UTB) Rules. This project, as referenced by the Town of Cary as TCRB 13 -017, includes features as depicted on the attached maps. The table below summarizes the stream determinations made in a site visit on December 5, 2013. This determination is valid until December 5, 2018. Reference ID I USGS Map (100 Ft. Buffer Soil Survey Ma 50 Ft. Buffer Not Subject A x B x* C x* D x E (Drained Pond) X ** 'Feature subjectivity not contested. *" Feature C through.old pond bed is subject. Sincerely, an Patterson Town of Cary Engineering Department 1 TOWN O -GARY 318 North Academy Street *Cary, NC 27513•P0 Box 8005v Cary, NC 27512 -8005 te1919- 469 -4030 • fax 919 -460 -4935• www.townofcary.org WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS Buffer Determination Request Information Greystone Tract H Applicant — MI Homes of Raleigh Jeremy Medlin 1500 Sunday Drive, Suite 113 Raleigh, NC 27607 Property Owner — same as Applicant Written Authorization — see attached Agent Authorization Physical Address — South side of Mills Park School (Wake Co Parcel ID 0734082626) Drainage Basin — Cape Fear River - 03030002 Receiving Waters — UT to Panther Creek Stream Index — 16- 41- 1 -17 -3 Surface Water Classification — WS -IV, NSW Decidegrees — 35.8090 °N; - 78.8984 °W USGS Quad Map — Green Level Quadrangle Soils Map Wake County Soil Survey - Sheet 45 Total Area - ±15 acres 1410 Commonwealth Drive, Suite 1o1 Wilmington, North Carolina 28403 tel: 910- 256 -9277 fax :910- 256-2584 www.withersravenel.com WITHERS ��'- RAVEN EL ENGINEERS I PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner MA Homes (Client) does hereby appoint Troy Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Grevstone Tract H project. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests /applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: Troy Beasley / Withers & Ravenel. Inc. 1410 Commonwealth Drive, Suite 101 Wi minaton. NC 28403 Tel. (910) 256 -9277 Date: l Signature of Client: Ycr ; VC Nam rint) (Title) (Signature) Mailing Address City State Zip Phone: L) 1 °l - 2-'S'S — S? "CO 0.P. CLI�11-114,161 1141ci. Email: 'ADS* - &g �-- 115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 1 fax: 919.467 -6008 1 www.withersravenel.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 �•1 V A .Y. FEATURE C; FEATURE E (DRAINED POND) ) 10 1 FEATURE A Y� FEAT RE B GRAPHIC SCALE 0 150 300 1 inch = 300 ft. . - _ FEATURE D 0e) I k" '\, lz�-) :7 sm GREYSTONE TRACT H USGS QUAD - GREEN LEVEL WITHERS &— RAVENEL [N�IXI[Rf 1 �LAXXIRf I SURYLYORf CARP' WANE COONTY NOR TII CAR011Vh • 4y 1� • � J ' 1. • ,.a 0 .CE WOW s x Ami r,C? j+ ) GRAPHIC SCALE 0 150 Mo r 1 inch - 300 ft. .� • 1: J G rC2 WsB,3 r CrBie Gr { Or - "WSC2 CrC2 GREYSTONE TRACT H WAKE CCI. SOIL SURVEY -SHEET 4S WITHE E3 RAVENEL RN•INRRE7 I PLANNERS I SURVEYORS I s ��I:Y WAKE C94l7.klY NOftSIi CAROLINA NC DWQ Stream Identification Form Version 4.11 Date: l(,l/ / �jd Project/Site: /7,��. Latitude: Evaluator: /�� �.� a,�LZ;. -� County: Longitude: Total Points: Stream is at least intermittent I r a� Stream Determination (circle one) ` emera ntermittent Perennial Other e.g. Quad Name: if;,- 19 or erenmal if ;� 30* 2. Sinuosity of channel along thalweg 0 1� r A. Geomorphology (Subtotal= J } Absent Weak Moderate Strong 1' Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In- channel structure: ex, riffle -pool, step -pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 CD 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0.5 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 1.5 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = % ) 12, Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0.5 1 1.5 16, Organic debris lines or piles 0 0.5 el 1.5 17. Soil -based evidence of high water table? No Yes = 3 C. Biology (Subtotal = l� ) 18. Fibrous roots in streambed 1 3 727 1 0 19. Rooted upland plants in streambed 3 (_2 Z 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0 ., 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBI = 1.5 Other *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: N�� 40t* A r NC DWQ Stream Identification Form Version 4.11 Date: � �Gr � 7� Project/Site: C, f rs�a� 1 % Latitude: Evaluator: '!%iI� ?.1 ,� ! County: Longitude: Total Points: Strgam' -i3 termination (circle one) Other Stream is at least intermittent r if z 19 or perennial ifs 30" em9ra1 Intermittent Perennial e.g. Quad Name: i."I A. Geomorphology (Subtotal Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 V 3 2. Sinuosity of channel along thalweg 0 20. Macrobenthos (note diversity and abundance) 2 3 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 2 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active /relict floodplain No = 0 1 2 3 6. Depositional bars or benches 0 ' 1 2 3 7. Recent alluvial deposits '0 1 2 3 S. Headcuts ' 0 1 2 3 9. Grade control 1 0.5 1 1 .5 10. Natural valley 0 "perennial streams may also be identified using other methods. See p. 35 of manual. 1 1 .5 11. Second or greater order channel No - Yes = 3 aartificial ditches are not rated; see disc sicips in manual B. Hydrofogy (Subtotal= I- ,, 12. Presence of Baseflow 3 1 2 3 13. Iron oxidizing bacteria 19. Rooted upland plants in streambed 1 2 3 14. Leaf litter 1.5 .„ 20. Macrobenthos (note diversity and abundance) 0.5 o 15. Sediment on plants or debris 2 0.5 1 1 .5 16. Organic debris lines or piles 0 6 1 1 .5 17. Soil -based evidence of high wat r table? No = 0 Yes 3 C. Biology (Subtotal= } 18. Fibrous roots in streambed 3 1 G 19. Rooted upland plants in streambed 3 1 d 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1,5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NCNHP PROJECT REVIEW LETTER ALTi'PA'A FACDENR Forth Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat Mc Cory BW Gossage Donald R. van der Vaart Governor Dim= Secretary May 18, 2015 Troy Beasley Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 tbeasley @withersravenel.com RE: Lowes at Greystone; 02140391.00 Dear Troy Beasley: NCNHDE -287 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation /managed areas within the proposed project boundary. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for site - specific surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Tables of natural areas and conservation /managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or Federally - listed species are documented near the project area. Thank you for your inquiry. If you have questions regarding the information provided in this letter or need additional assistance, please contact Allison Schwarz Weakley at all ison.weakley&ncdenr.gov or 919.707.8629. Sincerely, NC Natural Heritage Program Page 1 of 3 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Lowes at Greystone Project No. 02140391.00 May 18, 2015 NCNHDE -287 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Status Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004 -PRE Historical 5 -Very - -- Significantly G5 S2? Damselfly Low Rare No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner B. Everett Jordan Dam and Lake US Army Corps of Engineers NC Department of Transportation Mitigation Site NC Department of Transportation NC Department of Transportation Mitigation Site NC Department of Transportation Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government NC Ecosystem Enhancement Program Easement NC DENR, Ecosystem Enhancement Program NC Ecosystem Enhancement Program Easement NC DENR, Ecosystem Enhancement Program Wake County Open Space Easement Wake County: multiple local government Owner Type Federal State State Local Government Local Government Local Government Local Government State State Local Government Definitions and an explanation of status designations and codes can be found at https: / /ncnhde .natureserve.org /content/help. Data query generated on May 18, 2015; source: NCNHP, Q2 April 2015. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE -287: Lowes at Greystone May 18, 2015 Project Boundary Buffered Project Boundary [� Managed Area (MAREA) Page 3 of 3 1:22,329 0 0.175 0.35 0.7 mi 0 03 0.6 1.2 km Sources: Esri, HERE. DeLwme. Tw Tom. inlem p. increment P Gap.. GEBGO. USG S. FAO. NPS, NRCAN, GeoBase. IGN. Kadasler NL, DMS MITIGATION AVAILABILITY LETTER A vil ALIT X_; It NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Division of Mitigation Services Donald R. van der Vaart Governor Secretary May 5, 2015 Richard Rowe Wakefield Associates 188 Wind Chime Ct. Suite 201 Raleigh, NC 27615 Expiration of Acceptance: November 5, 2015 Project: Lowes at Greystone County: Wake The purpose of this letter is to notify you that the NCDENR 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 /CAMA permit 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 at www.nceep.net. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. 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 at (919) 707 -8915. cc: David Shaeffer, USACE - Raleigh Troy Beasley, agent Sincerely, Ja I es. B Stanfill Asse Management Supervisor 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919- 707 -89761 Internet: www.nceep,net An Equal Opportunity 1 Affirmative Action Employer— Made in part from recycled paper River Basin CU Stream (feet) Wetlands (acres) Buffer I Buffer lI Location (Sq. Ft.) (Sq. Ft.) Cold Cool Warm Riparian Non - Riparian Coastal Marsh Impact Cape Fear 03030002 0 0 0 0.189 0 0 0 0 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 at (919) 707 -8915. cc: David Shaeffer, USACE - Raleigh Troy Beasley, agent Sincerely, Ja I es. B Stanfill Asse Management Supervisor 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919- 707 -89761 Internet: www.nceep,net An Equal Opportunity 1 Affirmative Action Employer— Made in part from recycled paper IMPACT EXHIBITS ;A i�� ��� rp � NEI w —1 rgg l li AREA "B" AREA "A" WETLAND IMPACT WETLAND IMPACT lip op b � MAP IMPACT # WETLAND PERMANENT IMPACT (AC) WETLAND TEMPORARY IMPACT (AC) STREAM PERMANENT IMPACT (LF) STREAM TEMPORARY IMPACT (LF) 2 A 4�- — — — 3 m 0.130 y��►� — — 4 AREA "C" WETLAND IMPACT i�� ��� rp � NEI w —1 rgg l li AREA "B" AREA "A" WETLAND IMPACT WETLAND IMPACT lip op b � r iJ J % o ttl � II INDFX PROPOSED IMPACT AREA r WETLANDS IMPACT (SEE SHEETS 2-4 FOR DETAILS) ' PROJECT INFORMATION: TOTAL PROJECT ACREAGE: 27.73 + / -AC TOTAL ACREAGE LOWES at GREYSTONE: 13.46± AC REFERENCES: D.B. 011367 PG. 01774 PIN REFERENCES 0734-08-3991 1. EXISTING SURVEY INFORMATION PROVIDED BY WITHERS & RAVENEL DATED 10/26/04 REVISED 11/01/04 2. WETLAND DELINEATION COMPLETED BY WITHERS & RAVENEL AND FIELD APPROVED BY DAVID SHAEFFER WITH THE CORPS OF ENGINEERS ON 11/4/14 (A I D #SA W- 2005- 202 7 -292 ) IMPACT SUMMARY MAP IMPACT # WETLAND PERMANENT IMPACT (AC) WETLAND TEMPORARY IMPACT (AC) STREAM PERMANENT IMPACT (LF) STREAM TEMPORARY IMPACT (LF) 2 A 0.033 — — — 3 m 0.130 y��►� — — 4 C 0.026 — — — TOTALS 0.189 — — — s r iJ J % o ttl � II INDFX PROPOSED IMPACT AREA r WETLANDS IMPACT (SEE SHEETS 2-4 FOR DETAILS) ' PROJECT INFORMATION: TOTAL PROJECT ACREAGE: 27.73 + / -AC TOTAL ACREAGE LOWES at GREYSTONE: 13.46± AC REFERENCES: D.B. 011367 PG. 01774 PIN REFERENCES 0734-08-3991 1. EXISTING SURVEY INFORMATION PROVIDED BY WITHERS & RAVENEL DATED 10/26/04 REVISED 11/01/04 2. WETLAND DELINEATION COMPLETED BY WITHERS & RAVENEL AND FIELD APPROVED BY DAVID SHAEFFER WITH THE CORPS OF ENGINEERS ON 11/4/14 (A I D #SA W- 2005- 202 7 -292 ) IMPACT SUMMARY MAP IMPACT # WETLAND PERMANENT IMPACT (AC) WETLAND TEMPORARY IMPACT (AC) STREAM PERMANENT IMPACT (LF) STREAM TEMPORARY IMPACT (LF) 2 A 0.033 — — — 3 B 0.130 — — — 4 C 0.026 — — — TOTALS 0.189 — — — GRAPHIC SCALE 150 0 75 150 300 1 inch = 150 ft. No. Revision Date I by I III I ED1, n, LOWES at GREYSTONE IMPACT MAP - OVERALL WITHER8 RAVENEL >� � 15 % ],,b N,, CARY, WAKE COUNTY, NORTH CAROLINA ENGINEERS 1 PLANNERS I SURVEYORS *R 0214p�1 htacKenan Drive Cary, Notth Grolina 2151 i tel. 91'f469 -3140 a. 91946) -6008 wi�he�ravenel, coin 315 D � r-PROPOSED RETAINING WALL AIL A �: �. -.- o- s -: . -. - . - : . - . . . . - - - LEGEND WETLAND IMPACT a a \ \ GRAPHIC SCALE 20 0 10 20 40 1 inch = 20 ft. No. Revision Date I by I III NR 1'. WITH 60E' lh- �,a,,19 -, LOWES at GREYSTONE IMPACT AREA "A" ER8 RAVENEL 2 "`k`�` ],,b N,, CARY WAKE COUNTY NORTH CAROLINA ENGINEERS I PLANNERS I SURVEYORS 31 , , 02140 htacKenan Drive Cary, Notth Grolina 2151 i 11 919469 -3340 a. 91946) -6008 wi�he�ravenel,coln LEGEND WETLAND IMPACT IN N, 1411 1*1111*111*111*11 PROPOSED RETAINING WALL a � GRAPHIC SCALE 20 0 10 20 40 1 inch = 20 ft. No. Revision Date I by I III I ' ' "� LOWES at GREYSTONE WITHERS & RAVENEL �" "' °�" ° °I" IMPACT AREA B 3 "```�` ' "b N4 CARP, WAKE COUNTY, NORTH CAROLINA ENGINEERS I PLANNERS I SURVEYORS @14039 hlacK — Drive Cary, North Carolina 11511 111. 919469 -3310 *. 91946) -6008 wilhe�ravenel,coln _ I 6z): ;V, \\ AREA \ CTC PERMANENT WETLAND IMPACT \ \ L 0.026 AC (1,120 SF) \ 295 _ O D C-1� \ LEGEND GRAPHIC SCALE 20 0 10 20 40 WETLAND IMPACT 1 inch = 20 ft. No. Rey sion =I— Dawn By Da, <'�' LOWES at GREYSTONE IMPACT AREA "C•. WITHERS &— RAVENEL s4 "° Tre t Oa&c By J °bN °. ENGINEERS 1 PLANNERS I SURVEYORS 02140391 CARY, WAKE COUNTY, NORTH CAROLINA 115M— n- DH- C— N.aC.b°e3)s11 t0: 9194 -3340 f.: 919467-6008 V,.,w.wM« —1...