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HomeMy WebLinkAbout20151024 Ver 1_401 Application_20150915M PAID 20 1 510 24 Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 - Phone: (919) 846 -5900 - Fax: (919) 846 -9467 sandec.com September 29th, 2015 S &EC Project # 12415 To: US Army Corps of Engineers NC DWR, 401 & Buffer Permitting Unit Regulatory Raleigh Regulatory Field Office Attn: Karen Higgins Attn: David Shaeffer Archdale Building — 9th Floor 3331 Heritage Trade Drive, Suite 105 512 North Salisbury Street Wake Forest, NC 27587 Raleigh, NC 27604 1 From: Kevin C. Martin j Soil & Environmental Consultants, PA Re: Midtown Mixed Use Development Cary, Wake County, NC SEP On behalf of the applicant, George Jordan III please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers that the activities proposed below may proceed under Nationwide Permit 39, a request for approval to utilize general water quality certification 3890 from the N.C. Division of Water Resources (NCDWR). Mitigation is proposed at a 2:1 ratio to offset proposed impacts. The proposed impacts are required to allow for development of a mixed use development in downtown Cary. Please contact me at (919) 270 -7941 if you have any questions or require additional information. PROJECT SUMMARY Project Name Midtown Project Tvpe Mixed Use (commercial and residential) Owner / Applicant George Jordan III Countv Wake Nearest Town Cary Waterbodv Name Walnut Creek Basin Neuse Class QNSW IMPACT SUMMARY (see PCN form & Impact Maps for Buffer impact quantities) Stream Impact (feet): 0 Wetland Impact (acres): 0.142 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) - 0.142 Total Stream Impact (linear feet): 0 3 ® 2015:J R P SOUR E Attachments: Pre - construction Notification (PCN) Application Form 1 Site Photo of Wetland to be Impacted DWR Buffer determination Letter (with USGS and soil survey) Acceptance Letter from Mitigation Bank Site Plan /Impact Exhibit (1 page) Owner certification /Agent Authorizations(6) Corps Preliminary JD form with aquatic resource table` Aerial photo with Parcels Impact Justification Statement Topo with Parcels oaOF \NATF19pG Office Use Only: y Corps action ID no. c ©, u o DWQ project no. Form Version 1.4 January 2009 Pre- Construction Notification (PCN) D=orm A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: 1b. Specify Nationwide Permit (NWP) number: 39 1c. Has the NWP or GP number been verified by the Corps? p Section 404 Permit ❑ Section 10 Permit or General Permit (GP) number: 0 Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 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 For the record only for DWQ because written approval is not required? 401 Certification: ❑ Yes Q 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. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information 2a. Name of project: Midtown Mixed Use Development 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: I, 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information For the record only for Corps Permit: ❑ Yes ® No 0 Yes ❑ No ❑ Yes ❑X No ❑ Yes Q No 3a. Name(s) on Recorded Deed: Multiple Owners and Tracts see attached Owner Certifications 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: See attached Owner Certifications 3e. City, state, zip: See attached Owner Certifications 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent 4b. Name: I George Jordan III 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: X❑ Other, specify: One of the owners and proposed developer 155 West Chatham Street (mailing address P.O. Box 4422) Cary, NC 27511 (mailing address Cary, NC 27519) (o) 919.467.9880 george@ghjordan.com 5. Agent/Consultant Information (if applicable) 5a. Name: I Kevin C. Martin 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Soil & Environmental Consultants, PA 8412 Falls of Neuse Rd., Ste. 104 Raleigh, NC 27615 919- 270 -7941 919 - 846 -9467 kmartin @sandec.com Page 2 of 10 IB. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): I see attached list of PIN's and addresses 1 b. Site coordinates (in decimal degrees): I Latitude: 35.7887 Longitude: - 78.7758 1 c. Property size: 6.27 acres 2. surface Waters 2a. Name of nearest body of water to proposed project: I Walnut Creek 2b. Water Quality Classification of nearest receiving water: I C, NSW I 2c. River basin: I Neuse 13. Project Description I 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this J application: Site is mostly wooded, Surrounding area is developed commercial property to the west and east, single family residences and some offices to the south. Bordered by East Chatham St on the south, East Cedar St. to the north. 3b. List the total estimated acreage of all existing wetlands on the property: 0.142 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Allow development of a mixed use project in downtown Cary. 3e. Describe the overall project in detail, including the type of equipment to be used: Typical construction equipment for road and building construction, see overall site plan for more specific details like building size, location,parking. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, what type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Name (if known): Kevin C. Martin 4d. If yes, list the dates of the Corps jurisdictional determinations © Yes ❑ No ❑ Unknown Comments: JD request submitted 7 -25 -2015 I ❑ Preliminary ❑ Final Agency /Consultant Company: S &EC, PA Other: or State determinations and attach documentation DWR site meeting on 7131/15 with James Graham NBRRO#15 -321 letter issued 8 -19 -15 copy attached 5. Project History 5a. Have permits or certifications been requested or obtained for Yes No El Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 16. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. ❑ Yes ❑X No Page 3 of 10 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 3b. 3c. 3d. 3e. 3f. 3g. Stream impact 1. Impacts Summary Stream name Perennial (PER) or Type of Average Impact number 1a. Which sections were completed below for your project ( check all that apply): width ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction feet) 2. Wetland Impacts Choose one I I I S2 I Choose one If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. S3 I 2a. 2b. 2c. I 1 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number 56 I Choose one Corps (404,10) or impact Permanent (P) or 3h. Total stream and tributary impacts, DWQ (401, other) (acres) Temporary (T) W1 P Fill I Headwater Wetland I Yes I Corps 0.022 W2 P Fill Headwater Wetland Yes Corps I 0.031 I W3 P I Fill Headwater Wetland I Yes I Corps 0.006 I W4 P I Fill , Headwater Wetland Yes I I Corps 0.038 � W5 P Fill I Headwater Wetland Yes + Corps I 0.004 W6 P Fill I Headwater Wetland Yes I I Corp s I 0.041 I I 2g. Total Wetland Impacts: 0.217 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 (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 Choose one I I I S2 I Choose one S3 I Choose one I 1 S4 I Choose one S5 I Choose one 56 I Choose one 3h. Total stream and tributary impacts, 0 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 Pond ID number Proposed use or impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary (T) 01 Choose one Choose 02 I Choose one Choose 03 P2 Choose one I Choose one Choose 04 I Choose one Choose 4f. Total open water impacts 0 4g. Comments 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated 1 P1 Choose one P2 Choose one I 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): 1 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. Project is in which protected basin? ❑X Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number — mitigation impact impact Permanent (P) or required? (square (square Temporary (T) feet) feet) B1 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No 1 B5 Yes /No B6 Yes /No 6h. Total Buffer Impacts: o o 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Please see attached statement from Owner and Site Planner 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Please see attached statement from Owner and Site Planner 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? 2b. If yes, mitigation is required by (check all that apply) 2c. If yes, which mitigation option will be used for this project? ❑X Yes ❑ No ❑ DWQ ❑X Corps Z Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Pancho Stream, Wetland & Nutrient Mitigation Bank Type: Riparian wetland Quantity: 0.284 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: Statement of mitigation availability attached from bank, credits have not yet been purchased since permits have not been issued 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: I Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: I acres 4f. Non - riparian wetland mitigation requested: I acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 Yes X No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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: Per attached DWR letter no riparian buffers exist on site Page 7 of 10 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 DX 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. Stormwater management plan to be approved by the Town of Cary. � Yes OX No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? I 80 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 stormwater plan will be reviewed and approved by the Town of Cary. BMP's will be subsurface sandfilters located beneath parking areas. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 13a. In which local government's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 14. DWQ Stormwater Proaram Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? ICary Cary 0 Phase II D NSW D USMP D Water Supply Watershed D Other: ❑ Yes EX No ❑Coastal counties DHOW DORW ❑Session Law 2006 -246 ❑Other: D Yes QX No XD Yes ❑ No OX Yes D No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the Yes No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1c. If you answered "yes' to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval 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 NX 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 I []Yes ❑X 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Midtown Mixed use project is a small commercial and residential development that Is also urban infill. 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. Connection to existing municipal sewer line Page 9 of 10 PCN Form — Version 1.4 January 2009 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 EX No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act El Yes FX1 No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? `Threatened /Endangered Species are located within the Cary Quad via a NC- Natural Heritage Programs Data Search, It is our understanding that the USACE will formally consult with USFBWS regarding potential impacts to long eared bat habitat for any Wake Co. site 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes OX No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Habitat Conservation /Habitat Protection: National Marine Fish Service, Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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 QX 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? Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. No structures were observed during the wetland evaluation and no structures are identified on the NC State Historic Preservation Office HPOWEB GIS Service. B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes Q No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Wake county GIS —t 7 z? / / s Kevin C. Martin � �- ��i Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 k�-P\ c-QA' a �oa Y\ -�— ` , tl' it Ci k c, u Y\ c �- `�` September 23, 2015 � � u- o ` � � /� . Via Email AA ( U.S. Army Corps of Engineers RE: East Chatham Street Properties: Impact Justification Letter Whom It May Concern: My family currently owns approximately 2.59 acres on East Chatham and East Cedar Streets in Downtown Cary. Much of this land has been in my family for multiple generations and other portions have been acquired within the past year. We are currently under contract to purchase an additional 4.44 acres adjacent to our family's land, which our consultants have determined has 0.142 acres of wetlands. We are requesting the right to impact these wetlands for the purpose of developing a mixed -use multi- family and commercial project within Downtown Cary. It is our belief that the property attributes, the Development Plan attributes, and the features of the wetlands themselves support impacting the wetlands. The property within the Development Plan consists of 6.27 acres of undeveloped and residential land in Downtown Cary, NC. The property is located within the original boundaries of Cary, when first incorporated in 1871. While Cary is a historically rural and suburban town, the property is located in the one area of town that is considered its downtown or urban core. This project would be considered an "urban redevelopment" as opposed to a "greenfield development ". This is further highlighted by the fact that the property is located within the "Town Center District" of Cary, which was established in 2001 with the drafting of the "Town Center Area Plan ". The Town Center District of Cary is considered the "heart" of Cary by town officials, and was established when the Town made the conscious and purposeful decisions to promote sustainable, urban redevelopment in its core. The goals of the Town Center Area Plan are to encourage a diverse mix of uses, encourage pedestrian friendly development within walking distance of the existing train station at sufficient densities to support the station and downtown businesses, and to provide convenient and adequate parking for businesses and residents while minimizing visual parking impacts. The property is also located within the Town of Cary's "Business Improvement District ", which is an even smaller geographic area than the Town Center District. This district is the only area in Cary with this designation, and was specifically designated as such because the Town is making a concerted effort to promote high intensity commercial, office, and residential development in its urban core. The Land Use Designation and Zoning for the property is "High Intensity Mixed Use (HMXD). This is the most intense zoning class in the Town of Cary, and the Town Center District is the only location in the Town of Cary with this zoning. The principles of the HMXD zoning are as follows: a mix of Commercial, Office, and High- Density Residential uses; high development densities; close proximity to the rail station; buildings to be located close to the street and fronting the street; and surface parking behind buildings or in parking decks. As the Town of Cary states, "HMXD areas are the key components to creating a vibrant, walkable, and exciting downtown." The reason we highlight the property's location within the Town Center District and the Business Improvement District, as well as the property's Land Use /Zoning, is that the principles /goals of those designated areas are directly in keeping with modern, sustainable, development principles. Those principles are as follows: intense development in the downtown urban core with walkability to daily needs and amenities, as well as public transportation; works with existing infrastructure; and relieves pressure on rural and suburban greenfield areas. As we will highlight next, our Mixed -Use Development Plan is designed to meet those principles. Our Development Plan includes +/- 204 multi- family units in a 4 story structure with a basement; a 310 +/- space parking deck; a 20,000 SF grocery /commercial building, with the ability to add additional stories for office or multi - family use; 134 surface parking spaces; and a 6,600 SF retail building. This is a high intensity development plan that addresses a full range of uses. Providing multi - family residential use within the Town Center and Business Improvement District is critical to supporting the Downtown Cary business community. Furthermore, given the property's location within 0.4 miles of the Cary Depot rail and bus station, it puts a high number of residents within walking distance of high speed public transportation. This proximity to the Cary Depot will be even more critical in the near future, as Wake County has targeted the Cary Depot for a major transit stop on the new transit plan being developed at this moment. The grocery /commercial building and its parking will be located on the site of the existing wetlands. The multi - family buildings are being located on the more geometrically complicated properties to the east of the Hunter Street extension, but the grocery /commercial building requires a more rectilinear configuration. The grocery /commercial use is equally critical to the success of downtown Cary's revitalization. The grocery /commercial uses benefits the downtown community by providing critical services such as a food store. This service would be walkable to residents in the Town Center District, which would promote residential growth in Downtown Cary; relieve traffic on suburban roads; and provide food and other services to the historically low income neighborhood to the SE, where many residents may not have vehicles. The grocery /commercial uses would also provide an important service to residents outside the walkable geographic area. However, by bringing these residents from outside of Downtown Cary into Downtown to shop and visit, it further supports redevelopment efforts and the Downtown Cary business community. The overall parking count for the Development Plan is significantly below what the Town of Cary and the Triangle market generally require for multi- family and grocery /commercial uses. Specifically, the Town of Cary requires 2.25 parking spaces per dwelling unit for multifamily projects. The Development Plan provides for 1.51 +/- spaces per dwelling unit, which is a 33% reduction from the Town of Cary's parking requirement for multi - family. The Town of Cary does not require a minimum number of parking spaces for commercial uses within the HMXD zoning district. Instead, the Town encourages shared parking and other creative design solutions that are market driven, but also minimize excess parking. The Development Plan provides a market standard parking ratio of 5.04 spaces / 1,000 SF of space for the grocery /commercial buildings. In order to attract grocery /commercial users in an unproven market like downtown Cary, it is necessary to provide a parking ratio comparable to that of other more established markets outside of downtown. In summary, the overall parking provided on the Development Plan is materially less than what projects outside of Downtown Cary would provide for a project of similar scale. Therefore it will be necessary to incorporate shared parking to allow for enough parking to make both the multifamily and grocery /commercial marketable. Any less parking than what is provided would not be sufficient to make the project feasible. The reason we are requesting the right to disturb 0.142 acres of wetlands is to allow for the development of the Development Plan in Downtown Cary, based on the principles and characteristics described above. Without impacting the wetlands, it is not possible to develop a project that fully meets the Town of Cary Town Center Area and Business Improvement District objectives. Although small in overall size, the location and distribution of the wetland pockets on the property essentially renders the property undevelopable at a scale desired by the Town of Cary and as shown on the Development Plan. Given the buffers required for grading, along with Town of Cary road and drive aisle widths, the effective undevelopable area created by the wetlands would be approximately 0.87 acres. This estimate was determined by measuring the extent of the area surrounding the wetlands, along with buffers and any marginal land created that would no longer be large enough to utilize within the Development Plan. Finally, the wetlands are located closer to the Chatham Street side of the property than the Cedar Street side. As Chatham Street is the main corridor, any building will need to be located in close proximity to the street along Chatham Street, as required by the Town of Cary Land Development Ordinance. The reason we are requesting the right to impact the entire wetland area versus a portion of the wetlands is due to their location, distribution, site topography, and Town of Cary storm water utilities. Because the wetlands are located and evenly distributed throughout the core of the grocery /commercial building site, on a relatively small property, there are no wetlands that could be preserved without affecting the development of the Development Plan. Furthermore, the topography of the site and necessary grading could place the wetlands at a grade well below the developed building pads. If we are required to preserve all or a portion of the wetlands, the development infrastructure, in the form of retaining walls designed around the wetland pockets, would likely degrade the quality of the remaining wetlands, essentially making their preservation void of the desired preservation intent. Finally, in addition to ground water, the property is fed by 4 or more storm water sources (3 of those being pipes discharging directly into the site). The development of the property will require that those sources be redirected through the site, bypassing any wetlands that we are required to preserve. This may deprive those wetlands of a substantial source of their water, further voiding the intent of their presentation. We welcome the opportunity to speak with you should you have any questions or concerns about the details of our wetland impact request. Furthermore, if you would like copies of any supporting materials referenced in our letter, such as the Town of Cary Town Center Area Plan, the Town of Cary Land Development Ordinance, the Wake County Transit Plan, etc., we would be happy to provide those documents. Thank you for your time, and please let us know if you have any questions. George H. Jordan george @ghjordan.com 919.467.9880 P.O. Box 4422 Cary, NC 27519 F The Town of Cary requires 2.25 parking spaces per dwelling unit for Multi- family use. Our Development Plan presents parking for the Multi- family building at a ratio of 1.51 spaces per dwelling unit. This is a 33% reduction in the Town of Cary's minimum requirements, and in keeping with urban parking plans. The Town of Cary does not require a minimum number of parking spaces for commercial uses within the HMXD zoning district. Instead, the Town allows owners in the HMXD zoning district to base their parking ratio on market conditions. They also allow owners to design a shared parking plan to make efficient use of the limited parking spaces in an urban environment, and to reduce unused spaces. In the Development Plan, the parking ratio for the grocery /commercial building is 5.04 spaces / 1,000 SF of space. This ratio is in keeping with the Triangle market for commercial uses. However, given the very low ratio for the Multi - family building, we will also be using a shared parking plan, allowing the Multi- family residents access to parking in the grocery /commercial parking area, limiting the overall number of spaces needed across the entire site. PIN Address Acreage 5F Owner 0764613787 229 East Chatham St. 0.39 16,988.4 Glenn J. and Mary W. Adcock 0764614777 231 East Chatham St. 0.18 7,840.8 Barbara J. Wolff, Carol W. Economidis 0764615726 233 East Chatham St. 0.18 7,840.8 Barbara J. Wolff, Carol W. Economidis 0764615776 235 East Chatham St. 0.19 8,276.4 Barbara J. Wolff, Carol W. Economidis 0764624082 234 East Cedar St. 2.25 98,010.0 Barbara J. Wolff, Carol W. Economidis 0764626165 306 East Cedar St. 0.81 35,283.6 Janet E. Mashburn 0764628286 318 East Cedar St. 1.36 59,241.6 George H. Jordan, III 0764616897 307 East Chatham St. 0.47 20,473.2 BG Real Estate Venture, LLC 0764617960 311 East Chatham St. 0.44 19,166.4 Sadler Mann, LLC Mi peek biro duce and ibie ses. eN effo��a e io�eI 0 to n. sse. i makes ent and a� ucedties• a ep its mterPra do I maps cum are waRan use or tH ter• to ma�ysda a me�m, its and a oy., —i he are t • 3' t iC ° �' ; `�" ' ?- ;r S N ""'� t LrY ..rF, xsy� y 3a.\::. f� PAS•'' 'kx �+ f� r �.'7 �'� lt, :t �iJ •• p�.� •`',� , ,,,,�� '�.:y- �.'L�'�1j •�v "S�?tS%k� �e� •� ♦., r; yp� ' � € : �li� •® P .� r . � ", �'. �� w� 'r .3R' . {�2_���'3'�:'. ' ' '� / 1 , b S -f ?y wr, �4. r � � � •�f? '%y't ,> � s Ir '... s r� r�•'.: r,^�" � . _ ' �` `,�> �'f,,. 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'�'.r,ik p3�' a ?"ry°*-�, �� - $r?"e�. - .cK•`i,? .'kira '�4'+ -- - ry, r _ • :`��'.,— - _ , k elOrSi PRO.PERTY OV!'NER CE`RT [FICATION.- AGENT At1THOR[ZA_ _ ,_ -- �. —_ z:. �'. tom; ¢� ¢s-. � „r,:.s �z.. _ :ti��,�T�- .c•.=�_ .:a'v-�`� - . ice'' - � >�. >+ _ _ _ - - ,'gLaiect °l�IamelUe criS oll_►z _�� `' :' L ' �- � tldcock l'rac �� .n 5:� me° �g �°' +8 °- .•. �` .3,�„ :. g�....ii �< -3:t�r�s��y',`��•�".�.�� sa. ;e.� ;� ?rpp � ,�`,: i�r�'" - _ ^i�sy -2?}'^ _ , "�.'iv'.,'S•..s?' ",°a .Y' -i i, f... �,.... . 'x M� _ _ ',Jg, _ z - %a. -" °fix , i r -" �v its - i ° . 94 .d=,�". "sue; -P?, . ➢ao �q >� ° '> `�� _. %•'� � �,r;` -r° ,2.� ':?y � -• - za "� "' - 7 i:.'� _'.:ry:: , a_B. g �,G�C,'v, ra- . -� _ ` °`.�' r. �i- %"e'a��c�i�''�.,- �"4,;�?� -� _ - - ��,_:' -� _ _ _ _, >l ,* �.d. '�� =x• _ Department' of'rheArmy ° �'.� -a;' " _'r._ ". _ =: , ti;�., ' _ _ r'r= R ® °� 1U,S. AArmY Co�psaf Engineers, f ' °� Map A— Avenue �- _, ";'.;'r- • -r, 5 eP ab °.�&•r ,9' a, - a q�m';,,°�• ��a' S;'�s�k =3• ";,� t:'^ ^- Nr3�z- l- +,t'l- �°8 �° Mme Wilmirigtbn NC 28403. a° .� 4p' F= , ,a I°° m 8:t? a.. o ° �-+g°° °c�m a. °�� ;� rf.�° �.�,y��..- '� 6 • '^ �� -`w- = 2� _ _^ - "z. ; ; �- ' °,�°O ,tea.," m'. 3go66 00 ,i°� a ����"Y� S'•'+.i' '3'- ,�z'''�' '�,- . ?4�Si ?�.i�%f: *�� fs aAa -a i.a t ��k s+" =' tfie uriaersigned, a aulybMI orized owner of record oithe property /,properties.ldei►tified hereui d`o" ` '_ 3 5 _ ° . n 0 ;•.'' 9 ° as a> '. .r•�`v -s„'' -v sue`':j" ,.:.;.n.r', .. z7s`-'p" >. -.;�K, ZW3 r �� °;�,�auth ©nze�Tepres niati es of'the 1�Uilmin ton'D.istric U S: Armco s ofEn ineers Co s andSozl• � �; *Eiiv�ro °nmental °'Consultants, PA (S` &ECG) staff, asp my agerit;Yo.3enterpon the property�hee descnbed`for %_,� Y. ,po = i . � 4. �y °the =pucpose;of >conducting on =site investigations and issuinga.deferrriination assoc►atwithWaters of'th'e, x r' x', =rte - _ ' �w °�_. °�J. S:'sutiject5to�,Federal Jurisdiction uuiler Section 4.U4 of the�Clean�Water Act.a &&sdctton l0,of the " K o e{g'� °_ :.. -. €. - :m.•'ay.�;si;'s� ,,, °givers' and °Harbors ;Act�of41,899-�aThis document also;authorizes�S&EC my agerit,,to act on•my'.belialf- . ° for° the rocessin issuance;and acc tance o �a 'at • +pAa e;�:8nd4talceall;actlons necssary< o as p g, , ep- f - `�perrn'itsocetti�ficat�on-and: _ m q' a.° pa• 'P' •''°•K _ ' BaR_ .,S e°Q _ •�s�i� �'„��pi.�.' -;,- - _ anypand alltas soc�atedmm<pp§tangdard,andispecia( conditions :.This ;notificationasupersedes "arty previous 77 • '� •pO'w ;: ,: v<� °* ,ate °paw ffi5 s�8O:,*, -rw - _.i-, -�rp •. � '?,�¢ -^":': :R- - `.S d-`•-' •£, `3' - a J '�'^i -FJ t:.- ���' �cori ndence cor%cerimu� Attie en for this ro`ect: n.4 _ - :Y.: _ - - #t0P°- d . a man P J ' - _ °I�JO CE'° Thisaauthonzahon; for ha>,'ility and professional =courtes}+ Treasons`, is valid onlj+`for gbvernnmerit,;. 'q Nr <a`- i-1 - -..s o>�ctals. to enter =tfie "prdpertyim red accompanied by S &EC staff Yourshould call s &EC to arrange a safe T9 :V Pq ' :meet��,�} or to vision °;the0site. - ° ° . ,�° ° & mroa°°= ��"' °ems va`m -t•� q -'' ' -' -�t: ,. -�� ? - - ."' `9�•° � -d: m A+ 9q �.° 8 �ar y$�s��: :_.'ya �e- •_ fir' %� - "�'' - - � � i 4 IN[',llP l'eO1�d A_r`= :° +,A,` >' -g, ?'��,:= ° "�%'r_''' ° � :�'}.� - 9 � •� g°'^a, •,i 7":i at'. d,.. -ffi' %k, d"r,- t--"i• • -° �d �.' Parcel t dpptx- IVum}�p�(s- a FP � y ; ,07 , IN 7 �$$ Sit ,4ddt -ss : e C- ity°�:OlII1t��;St te. •a « YT S $ 44 v a.• � Y ��y��+'p> , �.. ct .'9 � p -.1-1-1 PRQPERT . QWIV =°`A.�bal.5,. s. Y4 .m=1r;�t z,'•._' .. ° °-p,> mae, i 8• ° °. e. a4; - °:4'• a - °e °g . y+ - ° ,, �• ^a';:'r;.sy.�c +m.- .Ay -'� a' �_° `'�Q 'b§ a8g� a�i_�,- g,n,. - -' p °T 0 - 6 �i� �*'v$.. t�- .,Yii�., g°�v8 °m PB•b �'Xr"�4°�9�j� °P���? ���"i+.-:. "t�. ='Y,", .;:.` a Pro�reYrtyfQvmer e(please?pnta Date •' . .. °. P,q. r P a o`♦ D °i.* p .:r ° ° � � ..� Qy�,�u° -t�� in� t 8�,�a � °• �+�. °4°b*88 - , -�- ttl ra. �W``'[��` _ "s ;9 Lq'd. t' peon °.0.°. °�� �4,�- ,'-a*g�t n '� :- i:+.:� <in'y'•;.a: Y.�%= .�,$:�. ._ __ - _ - a- __ .P �� "7a- _P �p;A.a � r : A mr s;'e'- °�" °d' �_. `�`i�`.'u� s�•'� :.� _ _ . C Y: ertify i� Atior nfoitnation tai °fed to thi§ a e ': - -. '� _ ° < ' I?t?licationis true`Ancl% Soil & Environmental Consultants, PA 8113 Falls of I-,eux• Road, $nilc ILLS, fbtle =,L, NC 27615 • Phc.w: CJ I1 A, 84 -iNXT (91 J) 346 -9167 ,:ui dre.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Narne/Description: Wolff Tract 5' S &EC Project 4 Date: July 21, 201.5 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: David Shaeffer 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 (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 $&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 0764614777, 0764615726. 0764615776. 0764624082 Site Address: 231.233.235 E. Chatham St. & 234 East Cedar St. City, County, State: Carv. Wake County_ NC PR PERTY OWNER INFORMATION '$k4� W- kJoi Fr— _ July 21, 2015 Property Owner (please print) Date Property Owner Signature J We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, & Environmental Consultants, PA Is (d Meuse Road Suite 104, Rnlcigh, NC.27615 - Phone- (919) 846 -5900 • Pnx: (919) R46 -9467 sandec coin PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name /Description: _Marshburn Tract Date: July 21, 2015 The Department of the Army U.S. Army Corps of Engineers, Wilmington I)istrict 69 Darlington Avenue Wilmington, NC 28403 Attn: David Shaeffer Field Office: S&.EC Project # - 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 (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: Parcel Index Number(s) (PIN): _0764626165 Site Address: 30_6 E_Cedar Street — ^ City; County. State.: Cary, NC, Wake County -- - �- -- I'RUPi l�'I'Y OWNER INFORMATION Janet E. Marshburn, by Robert -E. Marshburn, Jr., her Attorney�in -Fact Janet E. Marshburn, by Robert E. Marshburn, Jr., her Attorney- in-Fact /�� s Property Owner (please print) Date CA, 4, Pronelty Owner Signature Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) W -5900 • Faa: (919) 846 -9367 sandec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: E - 6e_J i-, r- 1&4- S &EC Project # Date: Z 1 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: David Shaeffer 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 (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: Parcel Index Number(s) (PIN) Site Address: City, County, State: 07d 4 96 G r-7 _ lws C—e JJC' PROPERTY OWNER INFORMATION, 1_l -� " -r-6 . , -t-xc' ti ZZ- '/�e ) IIiC Property er (please print) Property Ow�r Sign ture Z? _ y Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846 -5900 • Fax; (919) 846 -9467 sandec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: 'I o'7 F.. �( >" �4 ►, .v\ S &EC Project 4 Date: -7 - L Z -1 S The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: David Shaeffer 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 (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: Parcel Index Number(s) (PIN): D -7 6 4 6 1 6 1 -7 Site Address: v L l„H i I- s City, County, State: � �, r 7 k--J in; c .4 4 PROPERTY OWNER INFORMATION R6, V-eN k W,%ACf t- 1 ;sserLv- ,eo,i�AAr,fi 7 -ZZ_t�- Property Owner (please print) Date /� Property Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Soil & Environmental (Consultants, PA 8412 Falb of Neuse Road, State 104, Raleigh, NC 27615 • Phoae: (119) W -5900 • Fax: MO) 846 -9467 sandec.eom PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: S &EC Project # Date: -I/ n/ 15 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: David Shaeffer 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 (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: Parcel Index Number(s) (PIN): 0764617960 Site Address: 311 ea--' t C1r►Ce�4'1no, City, County, County, State: Ccx, r" ) , ►.a C— ri. Ci 41 PROPERTY OWNER INFORMATION 5 ,r (Y1 o-h 315 E. Chatham Street, Cary, NC 27511 C1r -te5 G.s�•� -ems rr�r.�.�v� �- Lewis S Addhx- -7J 23)15 Property Owner (please printy Date & 0 (14 O, �-� , �f Property Owner signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Statement of Mitigation Credit Availability Pancho Stream, Wetland and Nutrient Mitigation Bank September 24, 2015 Mr. David Shaeffer U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 Re: Availability of Compensatory Riparian Wetland Credits Project: Midtown We are providing this letter in accordance with 33 CFR §332.8(r), to confirm that .284 Riparian Wetland Mitigation Credits (Credits) from the Pancho Stream, Wetland & Nutrient Mitigation Bank (Bank) are currently available and may be used, once transferred, for compensatory mitigation relative to the Midtown project, and as proposed by George H. Jordan III (Applicant). The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits at that time, we will complete and execute the Compensatory Mitigation Responsibility Transfer Form (Transfer Form) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Transfer Form to the Applicant, the Bank's US Army Corps ( USACE) Project Manager and, if needed, other regulatory agencies. In addition, we will provide USACE with an updated copy of the Bank's Ledger, reflecting the transaction. Transaction information in the updated Bank Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9123. Sincerely, jfta4,1-tv� A7— Tiffani Bylow Restoration Systems, LLC NCDEN North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 19, 2015 ECONOMIDIS, BARBARA J WOLFF, CAROL W 2204 N ELM ST LUMBERTON NC 28358 -3640 Determination Type: Buffer Call Isolated or EIP Call Donald R. van der Vaart Secretary Subject: Buffer Determination NBRRO #15 -321 Wake County ® Neuse (15A NCAC 2B.0233) ❑ Tar - Pamlico (15A NCAC 26 .0259) � Ephemeral /Intermittent/Perennial Determination ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 2B .0267) Project Name: 234 East Cedar St. Location/Directions: Property is located at 234 East Cedar St. Cary, Wake County, NC Subject Stream: Walnut Creek Determination Date: July 31, 2015 Feature Not Subject EIUP* /Flag Subject To To Buffers Buffers A X Ephemeral *E/1IP - EphemeraUIntermittent/Perennial Staff James Graham Start@ Stop@ Soil USGS Survey Topo X Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). �ne Na Carolina ura!!r� North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Internet: www.ncAiaterauaiitv.orq Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity /4rmative Action Employer— 50% Recycled/10% Post Consumer Paper �' !� it Z J &I, J� 1 mil! ►. r .i�3�41; f��'t���:. ", P %� ` ta Ni �,�'� �1 � �ri �i�l���� `q , �� .� 1s r✓� !1, -rM•' �'' !� '� ' art �", rte,► °, JIP Pop low zei '4v ',r Ell 'II. - A d-d 3� a3 J� Q. 3 Sal r N-i _- N� r_�20,Si• ,tf, y 1` 41 I i 1 '1' � ; i.IN iI • � �., Ak 3 T • _. . - .:ipso '� " ;:�� ..1. 3 ., ' • • I R' is v ly i r rif I Ir Viit I � - :=- :_�...+,^,�,IQ��•- �-.. Jam_ • - s - Story Multifamily W/204 Units Not 1 gi " I *W, JOR ima }� w ,AW y r f lei • �X All 2 Story Club & Fitness ,Af (Total amount of - . proposed • • to be impacted is 1 - ' - • s mil. East Chatham Mixed-Use Development Plan cart', north Carolina Conceptual Site Plan 5 Sep 22, 2015 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Kevin C. Martin, S &EC, PA, 8412 Falls of Neuse Rd., Suite 104, Raleigh, NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Midtown Mixed Use project, Cary, NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County /parish /borough: wake City: Cary Center coordinates of site (lat/long in degree decimal format): Lat. 35.7687 °N; Long. - 78.7758 °W, Universal Transverse Mercator: Name of nearest waterbody: walnut creek Identify (estimate) amount of waters in the review area: Non - wetland waters: NA linear feet: width (ft) and /or acres. Cowardin Class: Stream Flow: NA Wetlands: 0.142 acres. Cowardin Class: PF01B 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 APPLY): Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 0 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Sketch map of findings and survey of wetland flagging by Leonard Sullivan, PLS QData sheets prepared /submitted by or on behalf of the app ' nt/consultant. Office concurs with data sheets /delineation report. Office does not concur with data sheets /delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: Cary, 1"=2000' ❑✓ USDA Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State /Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: W1 Aerial (Name & Date): Wake County GIs 2013 or Other (Name & Date): uplanddataforml and wetlanddatafonn 7 -25 -15 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination 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 authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of 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 such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 3 This preliminary JD finds that there "maybe" 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 following information: IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) El i Digitally signed by Kom C Martin Kevin C. Martini DN c-1-1C Martin, o=SBEC, PA, ou, email= kmartingsandec cam, c =US Date' 2015 09 28 13 37 20 -04'00' Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) SAMPLE Site Cowardin Estimated amount of number Latitude Longitude I Class aquatic resource in I review area A 35.7883 I - 78.7763 PFO1 B I 941 sqft B 35.7882 I - 78.7763 PFO1 B 1 1334 sqft C 1 35.7883 - 78.7760 PFO1 B 278 sqft D 1 35.7882 - 78.7757 PFOI B 1669 sqft E 1 35.7884 )- 78.7756 I PFO1 B 1 186 sqft F 1 35.7881 - 78.7757 I PF01 B 1 1758 sqft 1 Class of aquatic resource non - section 10 — wetland non - section 10 — wetland non - section 10 — wetland non - section 10 — wetland non - section 10 — wetland non- section 10 — wetland i TOTAL SITE AREA 6.27 ACRES C�3 - WETLANDS E. CHATHAM ST NOTE: "NC GRID COORDINATES DERIVED THROUGH GPS OBSERVATIONS WITH CALIBRATED CORRECTIONS MADE BY THE STATE OF NORTH CAROLINA REAL TIME KINEMATIC (RTK) SYSTEM." 0 50 100 SCALE: 1" = 100' 200 300 d` a 0 mo =o p II J i I, LEONARD H. SULLI VAN, JR., CERTI FY THAT THI S PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY i i SUPERVISION USING REFERENCES SHOWN HEREON; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM INFORMATION SHOWN HEREON; THAT THE RATIO OF PRECISION AS CALCULATED IS / 1: • THAT THIS PLAT WAS PREPARED IN ACCORDANCE IN TH G. S. 47 -30 AS AMENDED. WI TNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS _ DAY OF AD,, 2015 SULLIVAN SURVEYING 1143 -D EXECUTIVE CIRCLE CARY, NC 27511 (919) 469 -4738 FAX: (919) 469 -8447 SURVEYOR REGISTRATION NUMBER ALSO. I CERTIFY: C. ANY ONE OF THE FOLLOWING: 2 THAT THE SURVEY IS OF AN EXISTING BUI LDI NG OR OTHER STRUCTURE. OR NATURAL FEATURE, SUCH AS A WATERCOURSE A iq i pw 10. 6: i a r�- �■r�r.r.- r■ .u.r..rr - ^rrr r ISURVEYED BY WETLAND DELINEATION MAP SHEET TREY FOR PIN #S I DRAVM BY 1 LYNNIE 0764613787 ,0764614777,0764615726 0764615776 ,0764624082,0764626165 CHECKED BY 0764628286, 0764616897 & 0764617960 OF 1DATE 2 09 -24 -15 CARY WAKE COUNTY NORTH CAROLINA i i i i I, LEONARD H. SULLI VAN, JR., CERTI FY THAT THI S PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY i i SUPERVISION USING REFERENCES SHOWN HEREON; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM INFORMATION SHOWN HEREON; THAT THE RATIO OF PRECISION AS CALCULATED IS / 1: • THAT THIS PLAT WAS PREPARED IN ACCORDANCE IN TH G. S. 47 -30 AS AMENDED. WI TNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS _ DAY OF AD,, 2015 SULLIVAN SURVEYING 1143 -D EXECUTIVE CIRCLE CARY, NC 27511 (919) 469 -4738 FAX: (919) 469 -8447 SURVEYOR REGISTRATION NUMBER ALSO. I CERTIFY: C. ANY ONE OF THE FOLLOWING: 2 THAT THE SURVEY IS OF AN EXISTING BUI LDI NG OR OTHER STRUCTURE. OR NATURAL FEATURE, SUCH AS A WATERCOURSE A iq i pw 10. 6: i a r�- �■r�r.r.- r■ .u.r..rr - ^rrr r ISURVEYED BY WETLAND DELINEATION MAP SHEET TREY FOR PIN #S I DRAVM BY 1 LYNNIE 0764613787 ,0764614777,0764615726 0764615776 ,0764624082,0764626165 CHECKED BY 0764628286, 0764616897 & 0764617960 OF 1DATE 2 09 -24 -15 CARY WAKE COUNTY NORTH CAROLINA r "THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL." REGULATORY OFFICIAL: TITLE: DATE: USACE ACTION ID NO.: WL 34 4� WL ECONOMIDIS, BARBARA J WOLFF, CAROL W PIN: 0764624082 WL 206 19 r WL 204 WL 207 TO jj00 1 `" 03 TO 01 WL 0 WL 2 WETLANDS WL 103 WL 102 E 04 WL 101 WL 105 WL 100 WL 7 ADCOCK, GLENN J ADCOCK, MARY W PIN: 0764613787 DB. 5123 PG. 919 WETLAND AREAS A 941 SF 8 1334 SF C 278 SF D 1669 SF E 186 SF F 1758 SF TOTAL 6166 SF (0.142 ACRES) 31'47" W 273.82' ECONOMIDIS, BARBARA J WOLFF, CAROL W PIN- 0764614777 E. CHATHAM ST WETLANDS DELINEATED BY S &EC SCALE: 1" = 40' e 0 20 40 80 120 N 742012.814 E 2066601.957 ECONOMIDIS, BARBARA J WOLFF, CAROL W PIN: 0764615776 o_ u r m _ 0 0 II z: 0 Ckf di 0 J Q U U z (n MARSHBURN, JANET E F:�] \ PIN: 0764626165 0 3 io v i� N O Cl N 741861.117 4� E 2066600.732 SURVEYED BY WETLAND DELINEATION MAP TREY FOR PIN #S SULLIVAN SURVEYING DRAWN BY LYNNIE 1143 -D EXECUTIVE CIRCLE CARY, NC 27511 I CHECKED BY (919) 469 -4738 FAX: (919) 469 -8447 DATE 09 -24 -15 0764613787 ,0764614777,0764615726 0764615776 ,0764624082,0764626165 0764628286,0764616897 & 0764617960 CARY WAKE COUNTY NORTH CAROLINA SHEET 2 OF 2 ECONOMIDIS, BARBARA J WOLFF, CAROL W PIN: 0764615726 1 POINT NORTH EAST DESCRIPTOR I POINT NORTH EAST DESCRIPTOR 11301 741949.596 2066392.146 WL 01 1342 I 741804.624 2066533.688 1WL 42 +1302 741964.020 2066383.249 WL 02 1343 741811.602 2066530.933 WL 43 11303 741962 789 2066369.257 WL 03 1344 741816.071 2066536.899 WL 44 11304 741942.430 2066357.065 WL 04 1345 741843.043 2066538.134 1 WL 45 741929.216 2066370.770 WL 05 1346 741856.003 2066536.085 1 W 46 11305 1306 741926.874 2066382.085 WL 06 1347 741857.367 2066530.207 1_WL 47 11307 741938.554 2066396 014 WL 07 TIE TO 01 1348 741897.012 2066467.349 WL 48 11308 741912.357 2066349.400 WL 08 1349 741896.642 2066470.192 WL 49 11309 741903.833 2066358 920 WL 09 1350 741902.026 2066472.358 WL 50 11310 741895.727 2066360.261 WL 10 11351 741906.302 2066492.913 WL 51 11311 741890.618 2066370.497 WL 11 1352 741889.781 2066504.949 WL 52 1312 741885.282 2066377.303 WL 12 1353 741888.792 2066520.410 WL 53 1313 741877.346 2066364.028 WL 13 1354 741899.700 2066525.333 WL 54 1314 741871 476 2066389.723 WL 14 1355 741893.055 2066536.803 WL 55 11315 741871.123 2066412.217 WL 15 1356 741896.752 2066539.761 WL 56 11316 741867.222 2066433 034 WL 16 1357 741913.623 2066529.581 WL 57 11317 741874.654 2066438.213 WL 17 1358 741921.729 2066511.562 WL 58 11318 741883.054 2066438.942 WL 18 1359 741942.110 2066501.931 WL 59 11319 741879.967 2066446 652 WL 19 1360 741947505 2066495.927 WL 60 11320 741893.133 2066448.830 -WL 20 1361 741937.997 2066482.171 WL 61 11321 741886.244 2066454.667 WL 21 1362 741932.240 2066492.865 WL 62 11322 741874.120 2066449.749 WL 22 1363 741917.806 2066492.033 WL 63 1 1323 741864.269 2066439.429 W1. 23 1364 741909.163 2066475.649 WL 64 TIE TO 47 11324 741858.944 2066427.928 WL 24 1398 741903.426 2066464.781 WL 47 741862 629 2066425.671 WL 25 1400 741954.704 2066544.571 WL 100 11325 1326 741865.745 2066405.672 WL 26 1401 741969.464 2066544.192 WL 101 11327 741867.011 2066377.493 WL 27 1402 741982.486 2066545.938 WL 102 11328 741864 525 2066360.159 WL 28 1403 741982.948 1 2066539.162 WL 103 11329 741868.476 2066351.450 WL 29 1404 I 741966.962 1 2066538.505 IWL 104 11330 741872.646 2066358.191 WL 30 1405 j 741962.234 1 2066528.530 1 W 105 11331 741881.192 2066351.955 WL 31 1406 741962.329 j 2066538.675 WL 106 11332 741894863 2066346 004 WL 32 1407 741952.658 1 2066541.342 WL 107 11333 741902.817 2066351.444 WL 33 1420 741939.774 1 2066433.233 WL 200 11334 741910 071 2066346.881 WL 34 TIE TO 08 1421 741946.696 2066441.024 WL 201 11335 741845.320 2066532.237 WL 35 1422 741940.758 2066446.819 WL 202 11336 741851.460 2066517.996 WL 36 1423 741945.002 2066454.544 WL 203 11337 741838.013 2066510.267 WL 37 1424 741956.109 2066450.948 WL 204 11338 741837.619 2066499.187 WL 38 1425 741955.848 2066443.416 WL 205 11339 741820.973 2066493.557 WL 39 1426 741958.496 1 2066434.754 WL 206 11340 741799 260 2066512.065 WL 40 1427 741948.916 1 2066431.149 WL 207 TIETO 200 160 11341 741793.268 2066527 833 WL 41 1448 741853.328 2066526.369 WL 48 TIE TO 35 SURVEYED BY WETLAND DELINEATION MAP TREY FOR PIN #S SULLIVAN SURVEYING DRAWN BY LYNNIE 1143 -D EXECUTIVE CIRCLE CARY, NC 27511 I CHECKED BY (919) 469 -4738 FAX: (919) 469 -8447 DATE 09 -24 -15 0764613787 ,0764614777,0764615726 0764615776 ,0764624082,0764626165 0764628286,0764616897 & 0764617960 CARY WAKE COUNTY NORTH CAROLINA SHEET 2 OF 2