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HomeMy WebLinkAbout20150736 Ver 3_401 Application_20150115%0 WithersRavenet
NOOur People. your Success.
1410 Commonwealth Drive, Suite 101
Wilmington, North Carolina 28403
t: 910.256.9277 1 f: 910.256.2584
TO: NC Division of Water Resources - 401 & Buffer
512 N. Salisbury Street; 9"' Floor
Raleigh, NC 27604
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
® Attached
❑ Prints
❑ Change order
Letter of Transmittal
01/06/16 02090251.61
Ms. Karen Higgins
lKnii Station Sewer Outfall D - Cary, Wake Co
Buffer Authorization PCN Submittal
❑ Under separate cover via items:
❑ Plans ❑ Samples ❑ Specifications
❑ Diskette ❑
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
❑Resubmit
_copies for approval
E) Submit
DESCRIPTION
PCN
COPIES
DATE
s r.
NO.
r•rBuffer-Authorization
W� UJB
■ . , , ,
���
..._._
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
❑Resubmit
_copies for approval
E) Submit
copies for distribution
❑ Return
corrected prints
REMARKS:
COPYTO: File SIGNED:
If enclosures are not as noted, kindly notify us at once.
o(S71�3�
WithersRavenel I
v
Our People. Your Success. rJAN
January6,2016 p 7 2'/J016
NC -Division of Water Quality
401 Wetlands Unit
Attn: Ms. Karen Higgins
1650 Mail Service Center
Raleigh, North Carolina 27699
Re: Knightdale Station Sewer Outfall D - Knightdale, Wake County
Buffer Authorization Request
Dear Mr. Ms. Higgins,
On behalf of Knightdale Investors, LLC we are requesting Buffer Compliance from the NC-DWR
for 1,657 sq ft of permanent impacts to Neuse River riparian buffers for construction of a gravity
sewer line which will service future Phase R4 of the Knightdale Station subdivision.
The proposed project is located within the Knightdale Station subdivision, located south of
Knightdale Blvd, north of Massey Farm Road and west of Marks Creek Road in Knightdale, Wake
County. The site drains to Marks Creek (Stream Index: 27-38; Classification: C;NSW), which is in
the Neuse River Basin (HUC: 03020201).
Project Purpose
The purpose of the proposed project is to construct a gravitysewer line which will provide service
to the future Phase R4 of the Knightdale Station subdivision.
Proposed Project
The proposed project consists of the construction of 2,779 If of gravity sewer line which will service
the future Phase R4 within the Knightdale Station subdivision. The western end of the sewer line
will begin within Phase R4 (Lat: 35.8023°N; Long: -78.4677°W) and flow east, where it will tie into
to the previously permitted Outfall C sewer line (Lat: 35.8029°N; Long: -78.4677°W), which flows
to a pumpstation in the northeastern corner of the Knightdale Station subdivision, ultimately
flowing to the Neuse River WWTP for treatment. The proposed sewer line will be located within a
30' City of Raleigh easement, and all 30' will be mowed/maintained in perpetuity.
Project History
The proposed Outfall D sewer line will connect to the previously permitted Outfall C sewer line,
which was issued a Buffer Authorization on 09/14/15 (DWR Proj #15-0736 v2).
NCDWR issued a Buffer Determination letter for the Knightdale Station subdivision on May 2011
2014 (NBRRO #12-135) to include an offsite feature previously omitted. A copy of the Buffer
Determination letters have been provided as an Appendix.
1410 Commonwealth Drive, Suite 1011 Wilmington, NC 28403
t: 910.256.92771 f: 910.256.25841 www.withersravenel.com I License No. C-0832
Cary I Greensboro I Pittsboro I Raleigh 1 Wilmington
%0WithersRavenel
40 Our People. Your Success.
David Shaeffer with the Corps of Engineers issued a Preliminary JD for the entire Knightdale
Station subdivision (AID SAW -2015-01553), which has been provided as an Appendix.
Proposed Impacts
The proposed impacts consist of 1,657 sq ft of permanent impacts to Zone 2 of the riparian buffers
for the construction the proposed sewer line.
Please note that there are no wetland or stream crossings associated with the proposed Outfall D
sewer line. Therefore, there are no impacts requiring 404/401 authorization.
Avoidance and Minimization
The proposed sewer line has been designed to avoid impacts to riparian buffers where possible. The
sewer line will service future phase R4 of the Knightdale Station subdivision, and the sewer line will
be running along the back of future residential lots for the most part. The sewer alignment has
minimized buffer impacts as much as possible, while allowing for adequate area to build a house
within the future lots in order to prevent construction issues once the future residential phases of
the subdivision are constructed. Additionally, the buffer impacts for the construction of the sewer
have been limited to Zone 2. All proposed buffer impacts are classified as "Allowable" in the NRRB
rules' Table of Uses.
Mitigation
Because the proposed buffer impacts are classified as "Allowable" in the NRRB Table of Uses, no
mitigation is required.
The current request is for 1,657 sq ft of permanent impacts to Neuse River riparian buffers (see
the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization Form
• Parcel Exhibit
• USGS Quad Map & Wake County Soil Survey
• DWR Buffer Determination Letter
• Corps Preliminary JD
• Overall Subdivision Exhibit
• Buffer Impact Exhibits
Page 2 of 2
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization
FORM: BA 10-2013
Riparian Buffer Authorization Form
A.
Applicant Information
1.
la.
Project Information
Name of project:
Knightdale Station Sanitary Sewer Outfall D
1b.
County:
Wake County
1c.
Nearest municipality:
Knightdale
1d.
Subdivision name:
Knightdale Station
le.
Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer 1f below.
❑ Yes ® No
1f.
Is the project located within a NC Division of Coastal
Management Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Owner Information
2a.
Name on Recorded Deed:
Knightdale Investors, LLC
2b.
Deed Book and Page No.
Multiple - See Parcel Exhibit
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
2d.
Responsible Party
(for Corporations):
Karl Blackley
2e.
Street address:
100 Weston Estates Way
2f.
City, state, zip:
Cary, NC 27513
2g.
Telephone no.:
919-481-3000
2h.
Fax no.:
2i.
Email address:
kad@prestondev.com
3.
Applicant Information (If different from owner)
3a.
Applicant is:
❑ Agent ❑ Other, specify:
3b.
Name:
3c.
Business name
(if applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
4.
Agent/Consultant Information (If applicable)
4a.
Name:
Troy Beasley
4b.
Business name
(if applicable):
Withers & Ravenel
4c.
Street address:
1410 Commonwealth Drive, Suite 101
4d.
City, state, zip:
Wilmington, NC 28403
4e.
Telephone no.:
910-509-6512
4f.
Fax no.:
4g.
Email address:
tbeasley@withersravenel.com
FORM: BA 10-2013 Page 1 of 6
B.
Project Information and Prior Project History
1.
Property Identification
1 a.
Property identification no. (tax PIN or parcel ID):
Linear project that crosses PIN: 1754767896,
1754867665 & 1754968812
West End: Let: 35.804481°N
Long: -78.456449°W
1b.
Site coordinates (in decimal degrees):
East End: Let: 35.799514°N
Long: -78.483082°W
1c.
Property size:
N/A acres — linear project
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Marks Creek (Stream Index: 27-38)
2b.
Water Quality Classification of nearest receiving water:
C;NSW
2c.
River basin:
Neuse River - 03020201
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 proposed sewer line will be located primarily in undeveloped woodlands, which will eventually be developed
as an future phase (Phase R4) of the Knightdale Station subdivision. The general land use in the vicinity consists
of a mixture or residential and commercial land use.
3b.
Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of
the site
3c.
Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site
3d.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3e.
Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a sewer line which will provide sewer service to Phase R4 of
the Knightdale Station subdivision.
3f.
Describe the overall project in detail, including the type of equipment to be used:
The proposed project consists of the construction of 2,779 If of gravity sewer line. The western end (upstream) of
the proposed sewer line will begin in Phase R4 (Let: 35.8023°N; Long: -78.4677°W), and will run east
(downstream) where it will tie into the previously permitted Outfall C sewer line (Let: 35.8029°N; Long: -
78.4618°W) (DWR Proj #15-0736 v2), which flows to a pump station in the northeast corner of the Knightdale
Station subdivision, ultimately flowing to the Neuse River WWTP for treatment.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
® Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property/
Comments:
project (including all prior phases) in the past?
4b.
If yes, who delineated the jurisdictional areas?
Agency/ Consultant Company: W&R
Name (if known): Martin Richmond
Other:
4c.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
David Shaeffer with the Corps of Engineers issued a Preliminary JD for the entire Knightdale Station subdivision
(AID SAW -2015-01553), which has been provided as an Appendix.
NCDWR issued a Buffer Determination letter (NBRRO #12-135) for the Knightdale Station Subdivision on
05/20/15, which has been provided as an Appendix.
FORM: BA 10-2013 Page 2 of 6
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for this
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
5b. If yes, explain and detail according to "help file" instructions.
The proposed Sewer Outfall D is an extension of the previously permitted sewer system (Outfall C) for Knightdale
Station, which were permitted under DWR Project #s 15-0736, v2 & 15-0838.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
FORM: SSGP3080 8-13 Page 3 of 6
C. Proposed Impacts Inventory
1. Buffer Impacts
1a. Project is in which protected basin?
® Neuse
❑ Tar -Pamlico ❑ Catawba
❑ Randleman ❑ Jordan
❑ Goose Creek
1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section
D of this
form.
Buffer impact
Reason for
Type of impact
Stream name
Buffer
Zone 1
Zone 2
number -
impact
(exempt, allowable,
mitigation
impact
impact
Permanent (P)
allowable w/ mitigation)
required?
(sq ft)
(sq ft)
or Temporary T
Impact 1
Sewer Easement
Allowable
UT to Marks
❑ Yes ® No
N/A
130
® P ❑ T
Creek
Impact 2
Sewer Easement
Allowable
UT to Marks
❑ Yes ® No
N/A
175
® P ❑ T
Creek
Impact 3
Sewer Easement
Allowable
UT to Marks
❑ Yes ® No
N/A
1,340
® P ❑ T
Creek
Impact 4
Sewer Easement
Allowable
UT to Marks
❑ Yes ® No
N/A
12
® P [-IT
Creek
Total buffer impacts
0
1,657
1c. Comments:
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 proposed sewer line has been designed to avoid impacts to riparian buffers where possible. The sewer line
will service the future Phase R4 of the Knightdale Station subdivision, and the sewer line will be running along the
back of future residential lots for the most part. The sewer alignment has minimized buffer impacts as much as
possible, while allowing for adequate area to build a house within the future lots in order to prevent construction
issues once the future residential phases of the subdivision are constructed. Additionally, the buffer impacts for
the construction of the sewer have been limited to Zone 2. All proposed buffer impacts are classified as
"Allowable" in the NRRB rules' Table of Uses.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment & erosion control measures will be installed to prevent sediment from escaping into the undisturbed
buffers. Construction access will be located entirely outside of the buffers. ,
FORM: BA 10-2013 Page 4 of 6
C. Impact Justification and Mitigation, continued
2. Buffer Mitigation
2a. Will the project result in an impact within a protected riparian buffer that requires buffer
mitigation?
❑ Yes ® No
2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet (square feet
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
2c. If buffer mitigation is required, is payment to a
mitigation bank or NC EEP proposed?
❑ Yes ❑ No
2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP.
2e. If no, then discuss what type of mitigation is proposed.
2f. Comments:
FORM: SSGP3080 8-13 Page 5 of 6
E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
❑ Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
❑ Other BMP
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
la.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
❑ Yes ®No
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
public (federal/state) land?
Manual and attach a BMP Supplement Form.
1b.
The project consists of a subsurface sewer line, which will not result in
❑ Yes ❑ No
concentrated flows during storms requiring diffuse flow measures.
environmental document pursuant to the requirements of the National or State (North
F.
Supplementary Information
by First Class Mail via the US Postal Service:
1.
Environmental Documentation
OR NC DWR, Transportation Permitting Unit
la.
Does the project involve an expenditure of public (federal/state/local) funds or the use of
❑ Yes ®No
Raleigh, NC 27604
public (federal/state) land?
For all other projects sent by delivery service
1b.
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ❑ No
OR Karen Higgins
environmental document pursuant to the requirements of the National or State (North
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
Carolina) Environmental Policy Act (NEPA/SEPA)?
Raleigh, NC 27699 - 1650
1c.
If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
2.
Violations
2a.
Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland
❑ Yes ® No
Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 02B .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):
Troy Beasley —
WithersRavenel
Authorized Agent
01/06/16
Date
Name
Send 3 complete sets of this form and accompanying documents to the following:
For government transportation projects sent
For government transportation projects sent
by First Class Mail via the US Postal Service:
by delivery service (UPS, FedEx, etc.):
NC DWR, Transportation Permitting Unit
OR NC DWR, Transportation Permitting Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1650
Raleigh, NC 27604
For all other projects sent by First Class Mail
For all other projects sent by delivery service
via the US Postal Service
(UPS, FedEx, etc.):
Karen Higgins
OR Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1650
Raleigh, NC 27604
FORM: BA 30-2013 Page 6 of 6
AGENT AUTHORIZATION FORM
WITHERS `mss RAVENEL
ENGINEERS I PLANNERS SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Kniphtdale Investors, LLC (Client) does hereby appoint Withers &
Ravenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state
and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of
Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and
approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters,
riparian buffers, etc.) and/or. b) preparation and submittal of appropriate environmental permit
applications/requests for the Kniphtdale Station Subdivision.
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests/applications and the required supplemental
materials,
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Agent's Name, Address & Telephone
Withers & Ravenel. Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. (919)469-3340
Date:
Signature of Client:
KAr� b. (1kk0;\'1 i Pres�-- --)'
� �(Name - Prinntt)(� Q�(Title) Ft
(Signature) ( /,,,
Mailing Address �)
C. 0-C. i�Sl3
City State Zip
Phone: (0i \9) q -a 1- 30-o eXlt.. 1
Email: V,uS E3>
115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.33401 fax: 919.467-60081 www.withersravenel.com I License No. C-0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 I fax: 910.256.2584
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.30091 fax: 919.467.6008
PARCEL EXHIBIT
GRAPHIC SCALE
C 400 800
1 inch = 800 k.
KNIGTDALE STATION
SUBDIVISION BOUNDARY
I
PREVIOUSLY PE RMITT D
OUTFALL C SE ER LIN
PROPOSED (DWR PROJ #15 40736 v2)
OUTFALL D
SEWER LINE PIN: 1754968812 ^q�
PIN: 1754767896 DEED BOOK: 12118 p E1^,
DEED BOOK: 11728 , PAGE: 784 (b
PAGE: 1830 , �S000�
w 0
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PIN: 17 4ip �u'
DEED BOOK:OOK: 11 11728 Q O4P
PAGE: 1830
KNIGHTDALE STATION SANITARY
SEWER OUTFALL D PARCEL EXHIBIT 1� WithersRavenel
Engineers Vlanners Surveyors
KVIGHTDALE WAKE COLLA IV NORTH CAROLINA
USGS QUAD &
WAKE CO. SOIL SURVEY
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KNIGHTDALE WAKF COUNTY NORTH CAROLINA
DWR BUFFER
DETERMINATION LETTER
RIX_ NR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
Troy Beasley
Withers & Ravenel
1410 Commonwealth Drive, Unit 101
Wilmington, NC 28403
John E. Skvarla, III
Secretary
Subject: Surface Water Determination Letter
Revised :NBRRO# 12-135
Wake County
Determination Type:
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 2B.0233)
Start@
i
❑ Tar -Pamlico (15A NCAC 2B .0259)
® Ephemeral/Intermittent/Perennial Determination
❑ Jordan (15A NCAC 2B .0267)
❑ Isolated Wetland Determination
Project Name: Myers Lake Knightdale
Location/Directions: Subject property is an undeveloped agricultural use property,
approximately 274 acres located on Massey Farm Rd in Knightdale
Subject Stream: UT's to and Marks
Date of Determination: June 8, 2012
Feature
ENP*
Not
Subject
Subject
Start@
i
Stop@
Stream
Form Pts
Soil
USGS
To
A
X
No
Feature
—Survey
X
BI
I
X
PropertyLine
Fla 005
X
B2
P
X
Flag 006
X
X
C
I
X
Flag 004
X
D
P
X
P2 Outfall
Flag 007
Perennial
Indicators
X
X
E
X
X
F
I
X
Fla 001
X
G
E
X
X
H
E
X
X
I
X
X
J
1
X
Fla 002
FI 002A
X
K
X
X
L
X
X
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200
Internet: www. ncwateraualitv.ora Location: 3800 Barrett Dnve Raleigh, NC 27609 Fax (919) 788-7159
An Enual nnrnmmifvlAffirmafivu Ariim, Fmn"vn._ 4 k
Myers Lake
Wake County
May 20, 2014
Page 2 of 3
Feature ENP*
Not
Subject
SFE
Stream Soil
Form Pts. SurveyTo
USGS
o
M
X
}(
N
X
X
O P
X
X
PI (Pond)
X
X
P2 Pond
X
X
P4 (Pond)
X
Q" E
X
J(
uur = cpnemerauinrermrttenurerennra!
"Feature Q determined an ephemeral channel on March 14, 2014 all other features evaluated June 8, 2012.
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR)_
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 DWR 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, DWR WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
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 Resources (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 Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-5544884.
If you have questions regarding this determination, please feel free to contact James Graham at (919) 791-4256.
es ctfully,
Danny Smitpervisor
Water Quality Section
Raleigh Regional Office
cc: RRO/SWP File Copy
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CORPS PRELIMINARY JD
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): October 15,
2015
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Martin Richmond, 115 MacKenan
Drive, Cary, NC, 27511.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Knightdale Investors, LLC/Knightdale Station,
SAW -2015-01553
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project comprised of 10 parcels located on
Massey Farm Rd, east of the intersection of Massey Farm Rd and N. 1 st Street in Knightdale
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Wake City: Knightdale
Center coordinates of site (lat/long in degree decimal format): Lat. 35.80042931088750 N, Long. -78.4633021641354" W.
Universal Transverse Mercator:
Name of nearest water body: Marks Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters: See attached table. linear feet: width (ft) and/or acres.
Cowardin Class:
Stream Flow:
Wetlands: See attached table. acres.
Cowardin Class:
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal: None.
Non -Tidal: None.
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
® Office (Desk) Determination. Date: 10/15/2015
❑ Field Determination. Date(s):
1. The Corps of Engineers believes that there maybe jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other
general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and [lie permit applicant has not requested an approved JD for the activity, the permit applicant is hereby
made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the
right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that
undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable;
(6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any
form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity arejurisdictional waters of the United States, and precludes any challenge to such
jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal
court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as
is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal,
jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, .it becomes necessary to make
an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Delineation report submitted by
Martin Richmond via e-mail on 24 June 2015.
® 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:
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
2
This preliminary JD finds that there "maybe" wafters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corns and should not be relied upon for
later. jurisdictional determinations.
S g;nature and date of Signat ,re and d
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
3afi-,**'
le
Knightdale Station
Preliminary JD Inventory Table
Page 1 of 2
Estimated Amount
Site Number
Latitude
Longitude
Cowardin Class
of Aquatic Resource
Class of Aquatic
in the Review Area
Source
Wetland A
35.802649
-78.467621
Riparian
0.09 acres
Non -section 10
wetland
Wetland B
35.800415
-78.465926
Riparian
0.04 acres
Non -section 10
wetland
Wetland C
35.79958
-78.4669
Riparian
0.33 acres
Non -section 10
wetland
Wetland D
35.79925
-78.4659
Riparian
0.09 acres
Non -section 10
wetland
Wetland E
35.79949
-78.4631
Riparian
0.07 acres
Non -section 10
wetland
Wetland F
35.801575
-78.462086
Riparian
0.02 acres
Non -section 10
wetland
Wetland G
35.80362
-78.462
Riparian
4.22 acres
Non -section 10
wetland
Wetland I3
35.80484
-78.4618
Riparian
0.75 acres
Non -section 10
wetland
Wetland I
35.80430
-78.45911
Riparian
0.75 acres
Non -Section 10
wetland
Stream 1
35.802949
-78.466529
Riparian
4,121 if
Non -section 10
non -wetland
Stream 2
35.801582
-78.463010
Riparian
2421f
Non -section 10
non -wetland
Stream 3
35.799327
-78.465743
Riparian
178 if
Non -section 10
non -wetland
Page 1 of 2
Knightdale Station
Preliminary JD Inventory Table
Site Number
Latitude
Longitude
Cowardin Class
Estimated Amount
of Aquatic Resource
in the Review Area
Class of Aquatic
Source
Stream 4
35.799502
-78.463531
Riparian
523 If
Non -section 10
non -wetland
Stream 5
35.802423
-78.462100
Riparian
4281f
Non -section 10
non -wetland
Stream 6
35.804412
-78.461144
Riparian
9051f
Non -section 10
non -wetland
Stream 7
35.805044
-78.460047
Riparian
370 If
Non -section 10
non -wetland
Pond 1
35.79929
-78.4657
Riparian
1.84 acres
Non -section 10
non -wetland
Pond 2
35.79953
-78.4633
Riparian
3.19 acres
Non -section 10
non -wetland
Page 2 of 2
OVERALL SUBDIVISION EXHIBIT
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BUFFER IMPACT EXHIBITS
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#2
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#3
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TOTAL
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BUFFER IMPACT EXHIBIT
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BUFFER IMPACTS:
1,657 SF = 0.04 AC GRAPHICSCALE
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15N K—Dm. iCary, NC 275111 L 919A693,40 i fans CC -0 2ivw lthll—mdr •J