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HomeMy WebLinkAbout20071976 Ver 1_401 Application_20071107-~ - ~ ~ ~' ~ ENGINEERS I PLANNERS I SURVEYORS 111 MacKenan Drive CARY, NORTH CAROLINA, 27511 (919) 469-3340 ' FAX (919) 467-6008 TO: i~-C, - 17~~ WE ARE SENDING YOU ^ Shop Drawings ^ Copy of Letter )Evl~lft - WAT~~ C.luHl.Il 1 YkT~APID3 4itD ~T(k?M-^~~TrR gRANGf+ COPIES DATE NO. DESCRIPTION ~' U "a a- ~, ~ ~ .s 1 \ ' o.. _ :, tJ THESE ARE TRANSMITTED as checked below: For approval ^ Approved as submitted -For your use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: -T „ _ .' a-• . v v COPY TO: ^ Attached via the following items: ^ Prints ^ Plans ^ Samples ^ Specifications ^ Change order ^ Diskette ^ ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints ~~~~~~ o~ ~apa~~a~~a~ DATE ~` ~~ ~ ~ JOB NO. a o ~ ~ ~. ATTENTIO c • ~~~~~ PHONE # ~, s_- RE: a~ SIG \ o. tin ~c'~y ~, ~ ~c-..~t~- if enc%sures aie not as noted, kindly notify us at once. MARK STIERWALT PROJECT MANAGER MARION & MOULTRIE MARINE CONTRACTORS P.O. Box 346 EAST Fur RDCK. NC Moe~~E: 828.606.9425 FAx: 828.483.4175 EMAIL' MARKS@MANDMDOCKS COM W W W.MANDMDOCKS.COM WITHERS ~~~~" RAVEN EL ENGINEERS I PLANNERS I SURVEYORS November 20, 2007 US Army Corps of Engineers NC-Division of Water Quality Attn: Mr. Jamie Shern Attn: Ms. Cyndi Karoly 6508 Falls of Neuse Road, Suite i2o 2321 Crabtree Blvd. ,~;~~, ~n Raleigh, NC 27615 Raleigh, NC 27604 D +~'.~ ~`~~ `'~ Re: Park Ridge Estates N'~~ 2 ~ ZQfl7 Request for 404/401 Courtesy Copy and Isolated Wetland Permit ixeM~ rypr~KauN~i~v W&R Project Number - 02060095 t~"f1AND~ANO5TO3tMN!ATE~ft9RANCH Dear Mr. Shern and Ms. Karoly: On behalf of Park Ridge Estates, LLC we are requesting authorization from the USACE to use NWP 29 for the construction of a residential subdivision. We are also requesting an Isolated Wetland Permit from the NC-DWQ for the impacts to the isolated wetlands. The impacts to wetlands and waters are below the threshold that requires 4o1-Certification; however, we are providing a courtesy copy of the PCN and impacts exhibits for your review. The subject property is approximately 51.2 acres in size and is located approximately 400o feet north of the intersection of Green-Level West Road (SR 1615) and Green- Level Church Road (SR 1600). Latitude: 35.7910734~N and Longitude: 78.9001198°W in Cary, Wake County, North Carolina. The site contains unnamed tributaries to Bachelor Branch and is located in the Cape Fear River Basin. The Water Quality Classification for these features is: WS-IV; NSW, the Cataloging Unit for this site is: 03030002, and the Stream Index number is:16-41-6-2-(2). Project History Wetlands were delineated by Withers & Ravenel during May 2007. A site meeting was conducted by Soil & Environmental Consultants, PA with the Town of Cary (TCRB 05-005) on August 8, 2005. In addition, meetings were conducted by Withers & Ravenel with both the NC-DWQ, on August 27, 2007 (IPRRO o7-036) and USACE on October 30, 2007. Attached are copies of the letters issued by the NC-DWQ and Town of Cary. Proposed Impacts The proposed permanent impacts consist of 57 linear feet of intermittent stream channel for the installation of a greenway path, 0.039 acres of wetland impact for road construction and o.146 acres of isolated wetlands for the installation of an extended detention wetland. The impacts are summarized on the overall impact map as well as the PCN form. iii MacKenan Drive i Cary, NC 275ii i tel: 919.469.3340 i fax: 919.467.6008 i www.withersravenel.com 7040 Wrightsville Avenue i Suite lol i Wilmington, NC z84o3 i tel: 91o.z56.9z77 i fax: 91o.z56.z584 loz7 Sabbath Home Rd, SW i Supply, NC z846z i tel: 91o.84z•939z i fax: 91o.84z.8o19 Avoidance and Minimization Prior to site plan development, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and `waters' could be minimized. The impacts associated with crossing 3 were minimized by crossing the wetland at its most narrow point and increasing the steepness of the fill slope on either side of the road. Stormwater Management Plan The proposed impervious for this project is expected to be approximately 33%, therefore, constructed wetlands will be used to treat the Stormwater before it leaves the site. The Stormwater management plan has been submitted to the Town of Cary for review. A copy of the approval letter and Stormwater plans will be forwarded to your office under separate cover. During construction the applicant will utilize BMP devices to prevent sediment from entering jurisdictional stream channels or wetlands. Mitigation Because there are no impacts to perennial channels and because the wetland impacts are less than o.i acres, we do not believe that mitigation will be required. Please feel free to call if you have questions or require additional information. Sincerely, WITHERS & RAVENEL, INC. Todd Preuninger Attachments - 1) PCN Form 2) Site plans 3) Agent Authorization 4) USGS Quadrangle Map 5) Wake County Soil Survey Map 6) ) D Form 7) DWQ I/P determination 07-1976 Office Use Only' Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A"~'~ ```~'°i,/I ~ a I. Processing ItrC,'ysl ' 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ® Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), chec ~ ~~ ~ I' J II. Applicant Information N~V 2 ~ 2007 Owner/Applicant Information p~n~R - war~~ (~UALiTY ST08M't"!ATER 9RpNCH Name: Park Ride Estates LLC, Attention: James Wt' Mailing Address: 100 Kedge Drive Suite B Morrisville, NC 27560 Telephone Number: 919-677-1144 Fax Number: 919-677-9966 E-mail Address: jimmy_(a)raleyresidential.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Todd Preunin~er Company Affiliation: Withers & Ravenel Mailing Address: 111 MacKenan Drive Cary NC 27511 Telephone Number: 919-469-3340 Fax Number: 919-535-4545 E-mail Address: TPreuninger(a~withersravenel.com Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Park Ridge Estates 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Wake County Pins: 0724-93-9661, 0724-92- 6796 0734-03-0211 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): Park Ridge Estates Directions to site (include road numbers/names, landmarks, etc.): Site is located approximately 4000 feet north of the intersection of Green-Level West Road (SR 1615 Green-Level Church Road (SR 1600) in Cary, NC. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7910734 °N 78.9001198 °W 6. Property size (acres): 51 acres 7. Name of nearest receiving body of water: Bachelor Branch 8. River Basin: Cape Fear River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:/lh2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site landscape is made up of farm fields with several forested areas. In addition several single family homes are located on-site. Surrounding the Page 2 of 8 proRerty is a park located to the north, forested to the east, and a mix of farm fields and forested to the south. 10. Describe the overall project in detail, including the type of equipment to be used: This project includes developing 51 acres which will include approximately 80 lots with several open space areas. Large grading equipment will be used to install the infrastructure (i.e. roads & sanitary sewer). 11. Explain the purpose of the proposed work: The purpose of the proposed work is to meet the demand for single family residential homes in the immediate area. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Wetlands were delineated by Withers &Ravenel during May 2007. A site meeting_was conducted by Soil & Environmental Consultants, PA with the Town of Cary (TCRB OS-005, on August 8, 2005. In addition, meetings were conducted by Withers &Ravenel with both the NC-DWQ, on August 27, 2007 (IPRRO 07-036) and USACE on October 30, 2007. Attached are copies of the letters issued by the NC-DWQ and Town of Cary. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future phases of Park Ridge Estates are planned at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 8 1. Provide a written description of the proposed impacts: The proposed impacts consist of 57 linear feet of intermittent stream channel for the installation of a eenwa~path, 0.039 acres of wetland impact for road construction, and 0.146 acres of isolated wetland for the installation of an extended detention wetland. The impacts are summarized on the overall impact map as well as the PCN form. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (linear feet) Area 2 Permanent/Fill Forested No >50 LF 0.015 Area 3 Permanent/Fill Forested No ~75 LF 0.022 Total Wetland Impact (acres) 0.037 3. List the total acreage (estimated) of all existing wetlands on the property: ~ 0.25 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Im act (linear feet) (acres) Area 4 UT to Bachelor permanent/Culvert Intermittent 1-3 ft 57 0.002 Branch Total Stream Impact (by length and acreage) 57 0.002 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred~in~, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (Iake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres NA NA NA NA NA Total Open Water Impact (acres) NA 6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect: Stream Impact (acres): 0.002 Wetland Impact (acres): 0.037 Open Water Impact (acres): NA Total Impact to Waters of the U.S. (acres) 0.039 Total Stream Impact (linear feet): 57 Page 4 of 8 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Impacts to isolated wetlands include 0.146 acres of gradin~Jfill for the installation of a constructed wetland designed to treat stormwater. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Prior to site plan development, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and `waters' could be minimized. The impacts associated with crossing 3 were minimized by crossing_the wetland at its most narrow point and increasing the steepness of the fill slope on either side of the road. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable Page 5 of 8 mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http~/fh2o.enr.state.nc.us/ncwetlands/strmg~de.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Because there are no impacts to perennial channels and because the wetland impacts are less than 0.1 acres we do not believe that mitigation will be required. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Page 6 of 8 Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Impact Required Zone , ~,___ F ,, Multiplier *,~;*;,~,,,;~„ 1 I NA 13 (2 for Catawba) I NA 2 NA 1.5 NA Total I NA I I NA * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone l . 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. NA XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious Level. The proposed impervious for this project is expected to be approximately 33%, therefore constructed wetlands will be used to treat the Stormwater before it leaves the site. The Stormwater management plan has been submitted to the Town of Cary for review. A copy of the Page 7 of 8 approval letter and stormwater plans will be forwarded to your office under separate cover. During construction the applicant will utilize BMP devices to prevent sediment from entering jurisdictional stream channels or wetlands. XII. Sewage Disposal (required by DWQ) 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. Sanitary Sewer will be utilized. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed project is a residential subdivision and therefore we do not believe that it will lead to additional development that will impact downstream, water quality. Moreover, any development that occurs in this areas will be subject to the NPDES Phase II stormwater rules, will be required to comply with the Town of Cary_stormwater r~uirements, and will preserve riparian buffers, in an effort to protect water quality XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 1. Applicant/Agent's Signature ~ D'ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Oct 29 07 04:45p Jimmy Raley 919 677 9966 p.2 ENGINEERS I PLANNERS I SURVEYORS Site Access/Agent Authorization Form Project Name: /f7t~ 7~ /~ /1~~7~ Property Owner Contract Purchase j- L_L.~; Address: /~~C~ .~ry6i:.e~<rC~ 1~r.i~t~ ~t,{e .~ Phone: ~~f l~- ~~ ~7- I/~--c-- Fax: ~r~- ~7-/ - 99~~0 Email: ~~~>~~y'c%t-i~~l-ife~j.ec;4•n I hereby grant Withers and Ravenel, 1NC permission to conduct environmental studies on the property described above. In addition, I authorize Withers and Ravenel to act on my behalf as my agent when conducting site meetings andJor correspondence (i.e. permit applications etc.) with the USACE and the NC -Division of Water Quality, if necessary. C~~~,~r nc-~' ,~a/'c~~W~r~~IIES L -P~ape,ty-ems- (Print Name) l o - ~~1-~ 7 t c, c. J -~ ~ 1._-x..1 / _ _ ;~ ~-) ~ , ~ ~ ° ~`~" ' Ii- /~ -_ 1 ~J - U .~ % -~~ ---- _ --~ ~ j -_i ~-~ L~ ~~~._.. _. ~ ,_ r' i ~ ~ ~• 1 ~ , ~ a ~1 T ,r ` , __, _. 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Cr62 Wn, ~` \`~ CrC2 CrB2 „J' ' ' / CrC2 =---- --- i ~ Chu ~~~ ! ~~ 1 Cr62 - Cr62 ~R, '+r CrE ~Yy ., CrC2 ~ CrB2 CrC2~;•.. ~ CrC2 rC2 Q'~~; ~' 1 Cr62 C~e~ .' i ~~A .i / WsE ~ 'C CG i CC? ~ ~Au 'j ., ~ ~~~ ~. m l ~ ~'~ Cr8 `~' ~ ~, ~ ~ ~ i 'JAy I _ m Au ! ~I; Green L vel r,, ~ ~" ' 'CrC CrB2 U -= ~ Cr62 WsE iv ~ Cr82 \ _ ~;_~- r /Au I ( ~ ~ i ' . r \ ~ _-_-_ ~ ~" -- ~ •~ 1i 7 CrC2 I~ 1 Wn Wo i- T"' \ •o ~ m ' ~ ~,. ~ ~ ~ ~ i \ '; • ~ ~ ~= c j Wn CrC2 \~ ~ CrC2 ~, • ~!~~~~ • ~~+ ~ CrE rB2 i Gu CrB2 G~ / ~'. ti ~~ \ ~ ~i ~',CrC2 , ~ m~ ~t\ CrB c~6 Ws62 x ~ I Cr8 ~; Y `,--~' Gu ~ j1 ~ ~ i '. ~~ VsB2 4 ! U ~'~ \ ~~ , = U C rE ~. I •~~; I : G~62 CrC ~ % ~ ~ ~ ~ Cn ~, ~'~ ~~6 1 ~, Au^ Cr62 " \ ~ CrG2 CrC2 ' X42 I, U CrC2 ! .~~ ~ CrC2 CrB2 V~'ry ~ \ _ r CrE l,'~ ~ ~~-- Cr62 ~, 4V y - ~ ` ~ i iv ----_-'~ ~ c AfA _ ~~~ ~ CrC2 ~ ~ ; ~~~ '\ r o~~~ w a r~9QG ~ ~ ~ ~ ~ p ~ Mr. Luke Tuschak Withers & Ravenel 111 MacKenan Drive Cary, NC 27511 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality September 14, 2007 ~~~~/ ~ . :SEF~1 f~, 1'l~it~j~rS ~ ~GQj kG~ ~F~)rr;. IPRRO 07-036 County: Wake INTERMITTENT/PERENNIAL (I/P) STREAM DETERMINATION Project Name: Raley-Hilliard Tract _ _ Location/Directions: located east of Green Level Church Road (SR 1600) north of the intersection of SR 1600 and SR 1605 Subject Stream(s): UT to Bachelor Branch Date of I/P Determination(s): 8/27/2007 Feature I/P call* Location of I/P Point (GPS Points and/or Flag) NotesBasis for Call (Stream Form Rating, Biol. Indicators, etc.). B I Start intermittent at Fla 136 *Intermittent/Perennial This on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c% Cyndi Karoly ,DWQ Wetlands/401 Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. You must act withi~z 60 days of the date that you receive this letter. fflpplicants are hereby notified that the 60-day statutory appeal time does not start until tl:e affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that tl:e applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter I SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. The (owner/future owners) should notify the Divisio~z of Water Quality (including mzy other Local, State, and Federal Agencies) of this decision concerning any future corresporzde~zces regarding the subject property (stated above). This project may regcsire a Section 404/401 one Permit for the proposed activity. Any inquiries should be directed to the Division of Water Northcarolina ~atutall~ North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper 9/14/2007 Page 2 of 2 Quality (Cei'ztral Office) at (9I9)-733-1786, and the US Army Corp of E~zgineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respectfully, ~~,~ Lauren C. Witherspoon Environmental Senior Specialist CC: DWQ-RRO Files Central Files DWQ 401Unit one NorthCarolina ~atirr~rll~ North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nC.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (9l 9) 571-4718 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper 1~~~ - ~~ I(tia~ ~~`~~ ,~ ~ 2~~ ~-~ -~~~ /~ L {LvV O ~~ ("'.~ ~; ~ • . 7• ;~ ,>;` ~ ,, ~.. ~ .• ~ -- i ~ ,. ,_ J . ~.. ~- ~ r ,h< .-' ` -- ~~ ,_ 383 C `1- I ~ :~ ~.. /!_, _ / ` (, E ~ _ / - _ `. ,, __ ~ ~' ~ ~; ~ ~ ' / ~ ~ %f _. _ r ,.' Rt,itc rr~ ~~ ;,.; ~ ,~ {.it't'1!N, I.£'ti~trS~ t i i - e •-~ i / -. ~. ~ ~ r (1 ~~ _ ~ ~ r, F- :. , R~ i J~ (';5 , ri - i' \'t ! k - _- r ~ ~- + _, _ i + l ~r f _ _.~-r ~, _, ~ . ~ ,_ ~ ', _ _ • ,, - n _ `-... -_ ~ _ ~.__ ''`` ems, ~' ,~, 1 ice- ( ~' ~ 1"1'fTH~R4 ~`~~. ~'A,\'EPvtEL '.,, dt;~a ,--\~L *~ i ~ ~~ 'C ~ ~ ',.~ ,. ~.~e,e~ N.annLx~ ~r,~avLrues -~'- -#.r J. ~ RI ~. ! •j . J .•~ ~. 111 MacKenan Drive Gary, North Carolina / _ ~''~' t ~ _ ,~ ~' ~ _ 4' ; ._ ` ~- r~ ~, telephone 919.469.3340 vdww.withersrovenel com _ ~~ ~ ~ h~ r 2,000 ~ ,ooo 0 2,000 { - ' ~.~ `lam', r~', ~ ~ ~~-' , ~" \l r ~ . ~ , . , Feet ~ ~, ' ~ t 1 inch equals 2,000 feet , ~ ~' i'~bVeUantls USenElrzaoerMGreenLevelCnurcnROatlTOpo_1tx17 mxtl --- E' ~_;. _ { _._ 'NsE APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form ]nstructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE N:1~1E, :AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Wake -City: Cary Center coordinates of site (lat/long in degree decimal format): Lat. 35.7910734° 1, Long. 78.9001 198° . Universal Transverse Mercator: Name of nearest waterbody: Bachelor Branch Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Jordan Lake and Haw River Name of watershed or Hydrologic Unit Code (HUC): 03030002 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ^ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ^ Office (Desk) Determination. Date: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to he no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Reguired ^ Waters subject to the ebb and tlow of the tide. ~] Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINA'T'ION OF JURISDICTION. There ire "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ~ ^ TNWs, including tei~-itorial seas ^ Wetlands adjacent to TTIWs ® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ^ Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ hnpoundments of jurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. [dentify (estimate) site of ~~<tters of the U.S. in the review area: Non-wetland ~~~atcrs: ~~00 liner feet 2-~ width (ft) and%or NA acre,. Wetlands: 0.25 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation ivtannal Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' ^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ~ Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For putposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section I11.F. SECTION III: CWA ANALYSIS A. 'I'NWs AND WETLANDS ADJACEN'T' TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TN Ws. If the aquatic resource is a TNW, complete Section IILA.1 and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections 111.A.1 and 2 and Section IILD.1.; otherwise, see Section 111.B below. 1. TNW Identity TNW: NA. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. I. Characteristics of non-TNWs that tlow directly or indirectly into TNW (i) General Area Conditions: Watershed size: square miles Drainage area: square rtrilcs Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary tows directly into TNW. ^ Tributary flows through Pick Lisfi tributaries before entering TNW. Project waters are Pict: List river miles from TNW. Project waters are PickList river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that applvl~ Tributary is: ^ Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: P3ek I .ist Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick List Estimate average number of Clow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pirk List- Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWMe (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed a~a~ay ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.' Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted tlow events abrupt change in plant community if factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ^ High Tide Line indicated by: ^ Mean High Water Mark indicated by: ^ oil or scum line along shore objects ^ survey to available datum; ^ fine shell or debris deposits (foreshore) ^ physical markings; ^ physical markings/characteristics ^ vegetation lines/changes in vegetation types. ^ tidal ~augcs ^ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; genera] watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian comdor. Characteristics. (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain tindings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow_Relationshin with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: ,Pick Lisf. Explain findings: ^ Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain ^ Ecological connection. Explain: ^ Separated by been/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick list river miles from TNW. Project waters are Pick list aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: . ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain tindings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick Dist Approximately ( )acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Direcdv abuts? (Y/M Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. beriveen a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Docs the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of signiticant nexus below, based on the tributary itself, then go to Section Il1.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of signiticant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPVV. Explain tndings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: D. DETERMINATIONS OF.IURISD[CTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL 'fHA'C APPLY'): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: macrobenthos present in (caddisfly, stoneflys) below confluence of two intermittent streams. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 1lLB. Provide rationale indicating that tributary flows seasonally: evidence of OHW mark in all other tributaries on-site. Provide estimates for jurisdictional waters in the review area (check all that apply): .Tributary waters: 500 linear feet 2-5 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TN Ws. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TN W, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional waters within Che review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IILB and rationale in Section llLD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: wetland drains into creek. Provide acreage estimates for jurisdictional wetlands in the review area: 0.25 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section IILC. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters v As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or ^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ^ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED INTERSTATE OR INTRA-STATE] WATERS, [NCLUDING ISOLATED WETLANDS, THE USE, DF,GRAD:~"LION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, [NCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Othcr factors. Explain: Identify water body and summarize rationale supporting determination: gSee Footnote # 3. v To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review rnnsistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland watea-s: acres. Identify type(s) of waters: ^ Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ^ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ^ Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus' standard, where such a finding is required for jurisdiction (check all that apply): ~] Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION [V: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/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: Green Level Quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation: . ^ National wetlands inventory map(s). Cite name: ^ StateiLocal wetland inventory map(s): ^ FEMAiPIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): ^ Previous determination(s). File no. and date ofresponse letter: ^ Applicable/supporting case law: Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This form has been completed as part of a permit application for impacts to streams and wetlands -Impact 4 is an intermittent channel that has seasonal flow. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project /Site: W&R Proiect # - 02060095 00/ Raley Hilliard Tract Date: 5-22-2007 Applicant /Owner: Jimmy Raley County: Wake State: NC Investigator: Elizabeth Cartier: Withers & Ravenel Do normal circumstances exist on the site? Yes ~ No Is the site significantly disturbed (Atypical situation)? Yes II No ~ Is the area a potential problem area? Yes ^ No ~ Communit /D: Wetland (explain on reverse if needed) Transect ID.• flag 125 PlotlD: Headwater Forest VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acer rubrum Tree FAC 9._ Juncus effusus Herb FACW+ 2• 10. Eulalia viminea Grass FAC+ 3.LiQUStrurn sinense ~ FAC 11. 4. 12. 5. Smilax Qlauca Vine FAC 13. 6._Parthenocissu~uinque olia _ Vine FAC 14. 7.Toxicodendron radicans Vine FAC _ 15. 8• _ 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 100 Remarks: Hydrophytic Vegetation Present HYDROLOGY II Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Q Stream, Lake, or Tide Gauge II Aerial Photographs Primary Indicators: II Other II Inundated Saturated in Upper 12" No Recorded Data Available ^ Water Marks n Drift Lines Field Observations: n Sediment Deposits II Drainage Patterns in Wetlands Depth of Surface Water: NA (in.) Secondary Indicators: Depth to Free Water in Pit: >12 (in.) ~ Oxidized Roots Channels in Upper 12" Water-Stained Leaves Depth to Saturated Soil: 10 (in.) ^ Local Soil Survey Data Q FAC-Neutral Test Other (Explain in Remarks) Remarks: Hydrology Indicators Present SOILS Map Unif Name (Series and Phase): Worsham Sandv Loam Drainage Class: Poorly drained Taxonomy (Subgroup): Typic Oclu-aquults Confirm Mapped Type? Yes[1 Nom Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions (inches) Horizon (Munsell Moist) (Mun , sell Moist) Abundance/Contrast Structure, etc. 0-6 B 10YR4/2 Sandv Clay Loam 6-12 C 10YR5/1 10YR5/8 Sandv Loam Hydric Soil Indicators: II Histosol ^ Concretions n Histic Epipedon n High Organic Content in Surface Layer in Sandy Soils Sultidic Odor Organic Streaking in Sandy Soils II Aquic Moisture Regime Listed On Local Hydric Soils List n Reducing Conditions Listed on National Hydric Soi/s List Gleyed or Low-Chroma Colors n Other (Explain in Remarks) Remarks: Hydric Soils Present WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes f ~ Non is the Sampling Point Wetland Hydrology Present? Yes ~ Non Within a Wetland? Yeses Non Hydric Soils Present? Yes ~ No [1 Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Sife: W&R Project # - 02060095.00/ Raley Hilliard Tract Date: 5-22-2007 Applicant/Owner: Jimmy Raley County: Wake State: NC Investigator: Elizabeth Cartier: Withers & Ravenel Do normal circumstances exist on the site? yes ~ No n /s the site significantly disturbed (A ypical situation)? yes II IVo ~ ? Is the area a potential problem area. yes j~ No ~ Community /D; Upland (explain on reverse if needed) Transect ID: flag 125 PloflD: Mixed pine /hardwood VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Ouercus alba Tree FACU 9. 2. Juniperus vir iniana Tree FACU- 10. 3. Acer rubrum Tree FAC 11. 4. 12. 5. Smilax Qlauca Vine FAC 13. 6. yitis rotundifolia Vine FAC _ 14. 7. 15 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 60 Remarks: Hydrophytic Vegetation Present HYDROLOGY II Recorded Data (Describe In Remarks): Wetland Hydrology Indicators II Stream, Lake, or Tide Gauge II Aerial Photographs Primary Indicators: Other II Inundated [1Saturated in Upper 12" No Recorded Data Available Q WaterMarks Drift Lines Field Observations: n Sediment Deposits [1 Drainage Patterns in Wetlands Depth of Surface Water: NA (in.) Secondary Indicators: Depth to Free Water in Pit: >12 (in.) n Oxidized Roots Channels in Upper 12" Q Water-Stained Leaves Depth to Saturated Soil: >12 (in.) ^ Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: Hydrology Indicators Absent SOILS Map Unit Name (Series and Phase):Creedmoor Sandy Loam 6-10% slope eroded Drainage Class:_ Moderately Well Drained Taxonomy (Subgroup): Aquic Hapludults Confirm Mapped Type? Yesa Nom Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 B 10YR5/4 Sandy Loam 6-12 C 10YR5/4 Sandy Loam Hydric Soil Indicators: II Hisfosol II Concretions II Histic Epipedon II High Organic Content in Surface Layer in Sandy Soils Sultidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List II Reducing Conditions Listed on National Hydric Soils List II G/eyed or Low-Chroma Colors II Other (Explain in Remarks) Remarks: Hydric Soils Absent rvc I Lr-1iYU uC I CITIV/IIYH I /V/V Hydrophytic Vegetation Present? Yes ~ No II Wetland Hydrology Present? Yes II No Hydric Soils Present? Yes II No ~ Is the Sampling Point Within a Wetland? Yes[I Nom Remarks: TOTAL DEVELOPMENT IMPACTS SUMMARY SEE SHEETS I-3 THRU I-5 FOR DETAILED IMPACTS STREAM CHANNEL IMPACTS: AREA 4 57 LF / 105 SF TOTAL STREAM IMPACTS 57 LF / 105 SF (0.002 AC.) WETLAND IMPACT: ROAD FILL -AREA 2 654 SF ROAD FILL -AREA 3 996 SF TOTAL WETLANDS IMPACTS 1650 SF (0.039 AC.) ISOLATED WETLAND: FILL - AREA 1 6342 SF TOTAL WETLANDS IMPACTS 6342 SF (0.146 AC.) NOTES: 1. PROJECT DESIGN IS BASED ON CONSTRUCTION PLANS BY WITHERS &RAVENEL, INC. 2. PROPOSED IMPERVIOUS SURFACE: 17.27 AC. (33.7 OF SITE) TRAILS 0.93 AC ROADS 4.40 AC SINGLE FAMILY HOMES 11.94 AC 3. PIN: 0724-93-9661 0724-92-6796 0734-03-0211 51.2 AC. 4. EXISTING WETLANDS SHOWN ARE FROM DELINEATION BY WITHERS &RAVENEL, INC. AREA 3 fIONAL POND GROUND 150' 300' 6Q0 ~~ ;ALE: 1" = 300' No. Revision Date By Designer Scale W&R t"=3D0' Drawn By Date RKL 11-16-07 Checked By Job No. BDH 02060 95 0 . 0 PARK RIDGE ESTATES CARY, NC WETLAND IMPACTS SITE LOCATION MAP WITHERS (~ RAVENEL sheer"°. ENGINEERS 1 PLANNERS I SURVEYORS I_'~ 1 I1 MacKenan Drive Cary, North Carolina 27511 te1:919-469-3340 www.wilhersraveneLcom faz:919A67-6008 0 y x 0 250' 500' 1000' scaLE: ~• =500' w~ '~~' TOWN HALL TERRACES raven Y ate OVERALL PROJECT MAP WITHERS RAVENEL ~~ ~ 11-16-07 MORRISVILLE NC ENGINEERS I PLANNERS I SURVEYORS I.2 C ec a By to No. ~ 111 MacKenan Drive Cary, North Carolina 27511 B0H 02060095. te1:919-469-3340 www.withersravenel.mm fax: 919-067-6008 ;ISTING STREAM 'P.) r- i ~: y .,, i i 7 I 1 t 07_1876 1 r i NOTES: 1. EXISTING WETLANDS SHOWN ARE FROM !~ DELINEATION BY WITHERS &RAVENEL, INC. i,, ~ 2. EXISTING TOPOGRAPHY SHOWN WAS DONE BY .,. WITHERS &RAVENEL, INC. _ \ ~~ -----_, \ // / //`~ ~ x _ F ~ '-. p z ~ .t ,1 `~, f -- r1 - ~ ~ ~ ' ~, ,~ :-' y ~, ~, ,,~ " ~ ~ f f,'f ~ ~ 6342 SF OF ISOLATED WETLANDS IMPACT ~/ ~ ~ ' ~~ (FOR PROPOSED CONSTRUCTED WETLAND BMP) f .~ ~ r ~\ ~ f / ! -..~ VA~ \\ \,~ ~~\ ~\ ~~ ~ f ~ ~~., ~ ~ ~ i f f ~ v \ 1 ~; ;, ~ ,~ \ V A,~~ A,~A \ ~ \ '- ~ ~~ ~ ~ I flf,i ~ f f - --- , A ,t,~ ,~, J~ ~ ~ '"~ i 1 I ,r` \ ~ V ~} ~ 1~ \ \' \ ~~ ~ ~~ ~ ~ ~~` I , ~ l~f f f ~ NOTES: \ \ 1 \ i~' ~ ~ ~ t ~;f / \ ~,\ \~' \\\ , \ \ ~ ~ ~ /~' l f `~ 1. EXISTING WETLANDS SHOWN ARE FROM ~ ~ A ,~~ \ \\\~~~ ~~A ~ ~%~' / ~~~ ~ //~'°~~~ / f t~ DELINEATION BY WITHERS &RAVENEL, INC. / ~ f/ Vii; ~ ~~ \\ \ ~~-'` .~ .- ~/ /~~ ~ / / ~ 2. EXISTING TOPOGRAPHY SHOWN WAS DONE BY r ~ ~ ~ /~~lf<<l ~ VA-, ~~ ~`~~. ~ ~~~ j,~ / ( J ~~ WITHERS &RAVENEL, INC. ,, ~ ~ / r I ' / ~ ~ J J / / /~ / .~~ ~ ff \ ~ ~ .w I i l + / 0 15' 30' 60' / ~ f ~~ ~ ~/ i~ ~ / / \, ~. ~~ \\ \\ ~; I ±~,~ SCALE: 1' = 30' No. Revision Date By Designer Scale w~ '~~" PARK RIDGE ESTAT WITHERS ~' RAVENEL ~~ yawn y ~ ate "-'~~ ES IMPACT AREA #1 CA ENGINEERS I PLANNERS I SURVEYORS I 3 C c By Jo No RY NC ~ 111 M K D i N h C 27 1 C li - . ac enan r ve ort ary, aro na 51 BDH 02000Oi5, tel: 919-069-3340 www.withersraveneLcom hx~ 919-061-6008 ` ~ ,/ ,- ,, START OF EXISTING ' ,/ ,/' ,/ / ...-' ~-- - PERENNIAL STREAM CHANNEL 1, / r /'~ / .' p, /,~ \ it / ,:, , , / / /- , , - 1 1 l/ ' / /' .~ 'fiv A it (J / ',/,/ //,/,^ , / / / d '' .. 1 IN( ( i l / 7 1 I // ~,i -^' mow. 32~~ i~ o~ I t I I .~I'/,~ / / , ~,,-' i I I r ~ 1 /i'i f ~ ~ _ -- - - _ - li, "~ 1 II l t + I ! / / , ~ / t. ~ i !' ' l/ J /J ~/;~/i -- - _- --- ~V t '1~" /' I ~ ' I ~ I /Mp` 'r/ '• / , ' / / ~ i 1 I _ v 11, ' I I I ~~ ~! ' ~ Q 57 LF OF STREAM IMPACT ' i ~ ' %%` /'_ ' -- --.~, .~ -- _ \ \\ ~ t\~~ 191 / ' ~ ' '' I ' ; ' ' i Z ~. r // (I N\C~~ ~,, .. _.~ -- _ ~'~ V 11 11 I t ~ 11 a ~W ~ • •I II I I 1 1 11 1~ 1 ~ !I \ t \ ~ ~ 1 i f l !~ 1 ~; ~ t t l i f l I t W 1 / I! ~l ; V 1 1 -- ,- _ 'v 1 ti~ l l l; v ~ ~\~ f 1 I I; ;~ 1 i t i ~ I; i l, ~ ` ,a 1 ~ 11 ` W W „a ~ I 1 1 1 °. 1 1 1 1 k I ~ i ~` ~ I '/ -.•V ~ \\ 1 14 ~~mA\ \` \~ ~~'• ~ II I I I ~ i tl ~ li 9 II ~ ~'•., (' •G. 1 1 1``,,~~ V AV A ~~~ As ~ a I I I I ~j I I f ~` i 'f•. I' . r ~ ~- ~ '. ~ Y~ \~ \ ~\ \\':,,, a a • t• I ! 7 I d Y ! f ! a I 1 v ~, i i ~ ~ s, ~l 1 ?~ A~~ V V `V ~ ~V A` ~~,f~ a a f ! 1 I {II ! ~ 1~ J 1 ~ A ~ ~ I ! i P 1 1~ d '°`e \\ \ \ ~ v `~ \\ \ W a a~ I l l l l~! i a Ir ) l r START OF EXISTING ~~ `. ,' ~ I f J ,' ~ ' `.~ `, `\ ~~ `. ~\ \ ~ \\ `\ ~. ~ r4 o/,';,~ ,r , "~ ,-~' ,, INTERMITTENT STREAM CkI~Nt1EL, ~~ ~ ! , `\ • \ \ \ ~~ `, +~,, r + ~,';,'; ~ r, ,'-- _-~ ' ,I ~~ ~~' 1 i 1 l r~ ~ ~~ v ~\ 1 A \\\\ \\'~ ~~ 'i I l ~ i l ! ! t I1J f !' !I „4 j --J / / ) `* ~ \ ~' m __-,+ ~r / f ~ ~ ~ ~ I ~ 11 I ~l \1 \ 1 I Y I ! r! 1. r ! I f r" ~ rj ; 1 ~ ~ X33 ~ , l ; 1 1 I l tl IiJJJrtrr t ? r rI ~~~~ ~''°~- °~ " " - '-' i ~ ~ 1 I 1 1 ' I Ir' ° J r t Jr,' rr ri rJ J i J r 996 SF OF WETLANDS IMPACT 336 ~ I j r r r ~~~ `- ' ,- -' ~ ~ yam', ~ I ~ J r t r r t ~\ j 1 M r' 1 t ~~~ X 1 1 1 r r I 1 / r ^~,.,~ \ 1 ~~ 1 l1 I l ~rJ I rrJr'! ' ~ 1~ 1 1 1 I r i t 1 J I\{ 4 \ ~~'~~ •~ \ ~ \ 1 I V ~~ ~ 1 1 ~ r 1 / (i(~ f\ v v \ ~~ \/' 1 s 1 1 1 ~\\ t t r~ ~ ~ v r NOTES: ~~'(' t 1 1 1 I J ( ! / / -' ~'''~ \ t ~ ~ ~ ~ 1 li I ~" `\ ,,,• ,. ~ ,, ,`~ , r r r ~'~ ,' 1. EXISTING WETLANDS SHOWN ARE FROM '' ` ~ ' ~ ` ~' 1 '~ \ r J ' ` ' DELINEATION BY WITHERS &RAVENEL, INC. .' ~ , ~ ! 1 ~ `\ '~. ..= ;' ,` ,~ /' ,-' 2. EXISTING TOPOGRAPHY SHOWN WAS DONE BY ., `` ~. ~'" ' ~~ " ~ '~ 1 11 ; \ y ° ,' ~ ~ ,~' ,~' WITHERS &RAVENEL, INC. ~' ,~ ~ - -vv ~ ~ ~~ I 1 v ` ,, ,, ,. V t V 1 I ,~ ~ / , / / ~ 1 1 V 1 ~ / ~ / / ,/ ~ \\ ~1 1/ 1 1 I ,,' / ,' ,~ ' t l 1 ,,j \ _, ~~ // / - ~ f, ',}` ,` ~1` ,, ,, ,, i ------ '~, ~,,~ ,~ ,,- ~'~J ~ 0 25' S0' 100' scnLE: ~' _ ~o' w~R '~~ PARK RIDGE ESTATES WITHERS (~ RAVENEL ~-~ ~~ all-16-07 CARY ~I IMPACT AREAS #3 & #4 ENGINEERS 1 PLANNERS I SURVEYORS By Jo No. ~ ' `~C 111 MacKenan Drive Cary, North Carolina 27511 I_~ 6DH 02060096 te1:919-469-334o www.withersravenel.com (ax:919-067-6008