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HomeMy WebLinkAbout20030570 Ver 7_401 Application_20151005MULKEY ENGINEERS & CONSULTANTS PO Box 331 27 RALEIGH, NC 27636 PHONE: 919-851-1912 FAx: 919-851-1918 LETTER OF TRANSMITTAL To: NC Division of Water Resources 512 N. Salisbury Street Raleigh, NC 27609 From: Brian Dustin Re: PCN, Reynolds Mill, Phase 3 Wake Forest, NC I am sending you the following item(s): COPIES DATE 5 03/19/15 D. - Job No. DESCRIPTION 2 it CT 0 5 2015 DENR - WGTER RES:�URCES 401 & BUFFER PERMITTING a"All � as�o October 5, 2015 2011076.00 Pre - Construction Notification Form and supporting documents 5 03/19/15 Project maps and proposed impacts. These are transmitted as checked below: ❑ As requested ❑ For your use ® For approval ❑ For Signatures ® For review and comment ❑ Remarks: Mr. Smith, If you have any questions or concerns, please call me at (919) 858 -1926. Signature rian Dustin _ � Senior Scientist v (o October 5, 2015 Danny Smith NCDWR 512 N. Salisbury Street Raleigh, NC 27609 lGMULKEY ENGINEERS & CONSULTANTS Subject: PCN for Reynolds Mill Phase 3, Wake Forest, NC Dear Mr. Smith, This letter is in reference to the attached PCN for your review. The PCN is update from the Ligon Mill Road PCN submitted on August 27, 2015. The PCN describes the proposed work to be done on a 19.68 parcel located at the terminus of Reynolds Mill Road in Wake Forest, Wake County, NC. The work will include the construction of phase 3 of the Reynolds Mill residential neighborhood. Permanent impacts will include a culvert for Ligon Mills Road with associated buffer and wetland impacts. Maps showing potential future impacts to Phase 2 have also been included in this submittal. The new applicant is now Orleans Homebuilders, Inc., we are requesting a Nationwide Permit 29, and all impacts are the same from the Ligon Mill Road, PCN. If you have any questions or concerns, please do not hesitate to contact me directly at (919) 858- 1926 or by email to bdustin @mulkeyinc.com. Sincerely, 6 .'� '0144- Brian Dustin Senior Biologist MULKEY ENGINEERS & CONSULTANTS, INC. Attachments: Pre - Construction Notification Notification of Jurisdictional Determination NCDWQ Buffer Call Map of site Impact drawings CC: James Latsinger, USACE, w/ attachments MULKEY INC. 6750 TRYON ROAD CARY, NO 2751 1 PO BOX 33127 RALEIGH, NO 27636 PH: 919-851-1912 FAX: 919-851 -1918 WWW.MULKEYINC.COM SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: 1830 -85 -0298 LOT NO. PLAN NO. PARCEL ID: STREETADDRESS: 0 Forbes Road, Wake Forest NC, 27587 Please print: Tommy Reisland, Orleans Homebuilders, Inc. Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Brian Dustin of Mulkey Engineers & Consultants (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 211 Jackson Ave, Cary, NC 27613 Telephone: 919- 265 -4045 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authoked Signature Date: October 5, 2015 Authorized Signature Date: I T o�OF W ATF9oG A. 1 1 1�.�1 f Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the ®Section 404 Permit El Section 10 Permit Corps: 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes 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 1e. Is this notification solely for the record For the record only for DWQ 401 because written approval is not required? Certification: ❑ 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. ❑ No For the record only for Corps Permit: ❑ Yes ® No ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information 2a. Name of project: Reynolds Mill Phase 3 2b. County: Wake 2c. Nearest municipality/ town: Town of Wake Forest 2d. Subdivision name: Reynolds Mill 2e. NCDOT only, T.I.P. or state N/A project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: ❑ Yes 0M. am. DCF Family LLC (property is in the process of being dedicated to the Town of Wake Forest) 13007 PG 2041 1605 Valley Rd Sanford NC 27330 -9453 Page 1 of 11 PCN Form — Version 1.4 January 2009 T y 4. Applicant Information (if different from owner) 4a. Applicant is: Business name (if applicable): ❑ Agent ® Other, specify: Orleans Homebuilder, INC J 4b. Name: Street address: Tommy Reisland 4c. Business name (if applicable): City, state, zip: Orleans Homebuilder, INC 4d. Street address: 1 211 James Jackson Ave 4e. City, state, zip: I Cary, NC 27513 I 4f. Telephone no.: 1 919- 265 -4045 4g. Fax no.: Email address: 4h. Email address: I teisland@taylormorrison.com 5. Agenkonsultant Information (if applicable) 5a. Name: Brian Dustin II 5b. Business name (if applicable): Mulkey, Inc. 5c. Street address: 6750 Tryon Road 5d. City, state, zip: Cary, NC 27518 5e. Telephone no.: 1 919 - 858 -1926 5f. Fax no.: 1 919- 851 -1918 5g. Email address: I bdustin @mulkeyinc.com Page 2 of 11 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): 1 c. Property size: 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: 2b. Water Quality Classification of nearest receiving water: 3 Latitude: 35.576648 (DD.DDDDDD) 19.68 acres Richland Creek WS- IV;NSW Longitude: - 78.781936 (- DD.DDDDDD) 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing site topography is moderate with slopes from 5% to 15 %. The existing tree coverage ranges from young pines (< 10 years old) to mature hardwoods adjacent to the creek that traverses the site. Surrounding area consists of residential development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.22 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 357.78 linear feet 3d. Explain the purpose of the proposed project: The purpose of the Ligon Mill road extension is too allow access to a residential subdivision (Reynolds Mill). 3e. Describe the overall project in detail, including the type of equipment to be used: The extension of Ligon Mill road will be approximately 1,600 LF. The road requirements are identified in the Town of Wake Forest Transportation Plan. To date there have been no wetlands impacted during the previous phases of the project. Traditional construction equipment will be utilized including, backhoes, excavators and bulldozers. 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? Comments: The Notification of Jurisdictional ® Yes ❑ No ❑ Unknown Determination was signed on July 24, 2012 (SAW -2005- 21377) Wetland WA and stream SA were extended approximately 226 ft. to the west after the final JD notice was issued. 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: Mulkey, Inc. Name (if known): Brian Dustin Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Field visit was on 6/22/12 with James Lastinger of the USACE. Page 3 of 11 PCN Form — Version 1.4 January 2009 5. Project History 5a. Have permits or certifications been requested or obtained for I ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Phase 1 was completed with no impacts. Phase 3 will be completed before phase 2, proposed impacts to phase two are shown on impact maps. Page 4 of 11 PCN Form — Version 1.4 January 2009 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) W1 ®P ❑ T Fill PFO ® Yes ❑ No ® Corps ❑ DWQ 0.056 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.056 2h. Comments: Less than 1/10`h of an acre will be filled in for the Ligon Mill rd. extension. 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 I Culvert S2 ❑P ❑T S3 ❑P ❑T S4 ❑P ❑T S5 ❑P ❑T S6 ❑P ❑T 3i. Comments: SA ® PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ® Corps 2 127.00 ® DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ 3h. Total stream and tributary impacts 127.00 Page 5 of 11 PCN Form — Version 1.4 January 2009 i 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 Area of impact (acres) Permanent (P) or type Temporary (T) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 []PMT 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 number Proposed use or (acres) purpose 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: f5i. 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. Project is in which protected basin? ® Neuse F1 Tar-Pamlico ❑ Catawba E] Randleman ❑Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact Buffer Zone 1 Zone 2 number — Reason for impact Stream name mitigation impact impact Permanent (P) or required? (square (square Temporary (T) feet) feet) Liner road l B1 ® P ❑ T crossing SA ❑ Yes ® No 6334 6342 B2 ❑P ❑T ❑Yes ❑No B3 ❑ P ❑ T ❑ Yes ❑ No B4 ❑P ❑T El Yes E] No B5 ❑P ❑T El Yes El No B6 ❑P ❑T El Yes ❑No 6h. Total buffer impacts 6334 6342 Total buffer impacts = 0.291 acres. Page 6of11 PCN Form — Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The road crossing has been designed to cross the stream and buffer as near to perpendicular as possible. Retaining walls have been incorporated into the road design to reduce the overall impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fence and tree protection fence will be installed around the wetlands to ensure that construction equipment avoids these areas. All temporary and finished slopes will be seeded to prevent erosion and the discharge of sediment into the streams. 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 ❑ Yes ® No 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? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non - riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type Quantity ❑ Yes linear feet ❑ warm ❑ cool square feet acres acres acres 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.4 January 2009 ❑cold I , 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 ❑ Yes ® No 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 (square feet) Multiplier 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 8 of 11 PCN Form — Version 1.4 January 2009 0 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. ❑ Yes No The Diffuse flow plan is currently under review by the Town of Wake Forest. 2. Stormwater Management Plan [2a- What is the overall percent imperviousness of this project? 35% 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: Structural Stormwater BMP's in the form of two (2) bioretention areas are being proposed to provide treatment for water quality and quantity. ® 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 Wake Forest ® Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ 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 ❑ HOW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: Phase II 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No Stormwater plans are currently under review by the Town of Wake Forest. 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 1.4 January 2009 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. 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. There will be no sewage from the Ligon Mill Road extension. Page 10 of 11 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 ® 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? Mulkey Biologist noted that there was no habitat present for Rhus Michauxii. National Heritage Program data was reviewed, on July 24, 2015, within 1 mile of the study area and no Federally or State listed species were found in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAH National Marine Fisheries Service Essential Fish Habitat Mapper v3.0 http://www.habitat.noaa.gov/l)rotection/efh/habitatmaDper.html 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? NC National Register of Historic Places 1 8, Flood Zone Designation (Corps Requirement) 18a. Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes ® No 1 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps GIS Data, NC Floodplain Mapping Program. NC Floodmaps: Firm map 37201830003 , Zone X (effective date May 2 11, 2006). Brian Dustin 6." �/%� October 5, 2015 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 11 of 11 PCN Form — Version 1.4 January 2009 I . . I ACV"'k 0 Py U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2005 -21377 County: Wake U.S.G.S. Quad: NC -WAKE FOREST NOTIFICATION OF JURISDICTIONAL DETERMINATION Proaerty Owner: Orleans Homebuilders Inc. Agent: Mulkev Engineers and Consultants Mark Miller Brian Dustin Address: 211 James Jackson Dr. Address: 6750 Trvon Rd. Carv. NC 27513 Carv, NC 27518 Property description: Size (acres) . 19 Nearest Town Wake Forest Nearest Waterway Richland Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.9612 Longitude: -78.53 Location description: The site is located adiacent to Forbes Rd. and Revnolds Mill Rd.. in the existing Rvnolds Mill Subdivision. in Wake Forest. Wake County, North Carolina. and contains a tributarv, and imnoundment (pond), and wetland that flows to Richlands Creek in the Neuse River basin. Indicate Which of the Following Annly: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the. extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been.delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our Page i of 2 published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919 -554 -4884 x32/James.C.Lastin2erQ,usace.armv.mil. C. Basis For Determination Jurisdictional stream channel on site exhibits an established OHWM. Wetland on site exhibits criteria as described in the Corns 1987 Wetland Delineation Manual and appropriate Regional Supplement. D. Remarks Site visit made on June 22, 2012 E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 24, 2012. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official 4A4114-A ' Date: Julv 24, 2012 C// Expiration Date: Julv 24, 2017 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 attached customer Satisfaction Survey or visit http: / /t3er2.nwn.usace.armv.mil /survev.html to complete the survey online. Copy furnished: Applicant: Orleans Homebuilders Inc. I File Number: SAW. Attached is:� ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) ❑ PERMIT DENIAL ® APPROVED JURISDICTIONAL DETERMINATION ❑ PRELIMINARY'JURISDICTIONAL DETERMINATION Date: Jul See Section below A B D E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. C ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your Signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit G ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. o APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, i you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. ':. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. o ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. o APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. a 1E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the j preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which inay be'appealed), j by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the j Corps to reevaluate the JD. �`t.s�. - �.°`'�.y3i f' FR�. -> i �, a. r� gv, �. �� �,., y -, •� S 'y „ `e .° - ;. . .. ... J � :. SECTION Il¢r�ET��OR'!� EALor®BJEC°TiI©NS T® ANINIT)AL1Yxt�r;11~ItED PE Q_F . ,�.. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. ' P®7NT OFpC®NTAT T0F@Rl{n - EStTI @N�Swxki1V'ta.Ux'm'rAT1ON0.1, If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD -PDO Attn: James Lastinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room 1OM15 Wake Forest, NC 27587 Atlanta, Georgia 30303 -8801 919 -554 -4884 ext 32 Phone: (404) 562 -5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi rations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild PE Governor Director Brian Dustin Mulkey Engineers & Consultants, Inc. 6750 Tryon Road Cary, NC 27511 Determination Type: Buffer Call ® Neuse (15A NCAC 2B .0233) ❑ Tar - Pamlico (15A NCAC 26 .0259) ❑ Jordan (15A NCAC 2B .0267) Project Name: Reynolds Mill August 2, 2012 Isolated or EIP Call Dee Freeman Secretary NBRRO# 12 -124 Wake County ❑ Ephemeral /Intermittent/Perennial Determination ❑ Isolated Wetland Determination Location/Directions: Located at the end of Reynolds Mill Road Subject Stream: UT to Richland Creek Date of Determination: 6/22/12 Feature E/1 /P* Not Subject Start@ I Stop@ Soil Survey I USGS Subject Topo i A I X I At pond outfall I X X i B (pond) i X X (as stream) X i i I I *E11 1P = EphemeraUlntermittent/Perennial 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 Quality. Non` Caro ina �turaly North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet. www.ncwaterquality org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 5714718 1- 877 - 623 -6748 An Equal OpporlunitylAffirmative Action Employer— 50% Recycled /10% Post Consumer Paper Wake County Page 2 of 2 This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the -DWQ or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director-in writing c/o Karen Higgins, DWQ WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the petition with the Office ofAdministrative Hearings within sixty (60) days of the receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o William Cary, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above): This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)- 733 -1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) - 554 -4884. Respectfully, Lauren Witherspoon Environmental Senior Specialist cc:. WeBSCaPe— 1650 Mail Service Center RRO /SWP File Copy 06 CeB2 i J 0ti N �13 ceB2j ? MdD2,\ ADC2 Ap8 .� ApC2 A� IAPG2 1 4 CIC3 w Pc`' \WF Ww f N� ` App.. wwc ApC2 ApD. j �1� �,' '� r •a qJ t t .n .: j +1 :� %,' ,,� t�„, _...:. °.{ fir. ' •;' �21APB? I� CeCY 1' ,' • � • +f1JA /L� Yip, '• j I aCeD , , l ApC2 I / SAP a ww` y . APE % '•� APB2 ,Cep •} � LL ~CeC2 ApD 1, B2� • �� APB? Wwh i, ApC2 •. Ce /CBE2 ii «1 /,�/ CeG2 C , LoCi(Jm e 1 C .� y �; � alt, {I HVrr►6 CeC2: Ap `,r 45n N^'~ �, !l r�. f . * r ! fJ^ r4ff }`p • 4 /:[, k ,t��� x// ` �' + `\ ,ter. Y • _.1� f� :� I ; { ' �. x.r 4 /Wf , VSV•� t7•• / -/ 6� , D ApC2 ApC2 CeC2 LoD \. li r` lti. ApD { 1yu� CeC2 i% cb w►c� Y �1 It CeC2 }j :{ .; GL ` r ' / ! A qp `ial ApC2 C? CeC2 ' n 1c'' ' • CeC2 CeB2 v i CeB2 / CeC2 • �� m m CA LOU /� \ CeB2 , y' b < . • i�, CeG2 \ ''e CeG2 eD Apuz IA it i' .,• r ry, ti •M `\ AW2 �.`. ' ' \ ,wr `•r. A �'! y - .l` ii r sly �`Srlx�. � /i �, �yg .✓ ' \\ \ v^,s�( mC2 "" k � 1� r�' r., CeB2 ;/ •, �.t ", ,p fir. _ \ wY WmD2: �AP82 ApA2J�� p } �• ' : 4" •CeC2 •r rt CeC2 b FPC2 q 6 GcB2 �`Y.CeC2 ,% ApC :Ap nAN fr,B� . .. n „a e1 inch - 150 feet FIELD VERIFICATION MAP FIELD VISIT 1 FIELD VISIT 2 FIGURE GRAPHIC SCALE STREAM AND WETLAND DETERMINATIONS I CREW: BRIAN DUSTIN, MULKEY INC, CREW: B. DUSTIN, J_LATSINGER, 0 75 150 300 `I L.WITHERSPOON 3 ,Feet REYNOLDS MILL DATE: JUNE 18, 2012 DATE: JUNE 22, 2012 �'6vJ '0/221 -2-01-2- p�'D 1 -z- L4 °7 4. IA- Auk�,�� sit ff rl-li 1 tj tin dk oil � lid � ����� • /;� � .�-�'' `"`'- `-`'!� .... • f � t��j������ Project Area �',il► Figure 1 Project Vicinity Reynolds Mill Wake Forest, NC Wake County, North Carolina MULKEY ENGINEERS & CONSULTANTS