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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 OZ 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 xnn. rx � E ,� � v�elpw Mx¢um o e wq� l k a c £xrwa = o a (TOSS f1r1R IXO (fKo� s - Pebblebrook s wVr� xr..au ro o Maplewood _ _ v+ a Fl i ��oaoraRsr - w„ynr i Pp KNIGHTDALE STATION SANITARY KNIGHTDALE 40 WithersRavenel SEWER OUTFALL D USGSQUAD - KNIGHTDALE EnglneemIVWnnemI5mxwars KNIGHTDALE WAKE COUNTY NORTH CAHOLIM1A t a � �tiu,tgr •ro /r KNIGHTDALE "'Cardng[on Woad,a t 2 sr �� Vip0 .n .saxes sr k GRAPHIC SCALE m.x mn+w IF 0 1500 3000 E' u�cx �sexxr.,s.x finch 3000 ft. ,aea.o x f,a �Mr `�osfAsx w 3 nx.sr` rxvwralo m o xa R 4 '' exr(r. 3 c e wq� p o (TOSS f1r1R IXO (fKo� wVr� j1 .s. v+ a Fl .. ��oaoraRsr Pp KNIGHTDALE STATION SANITARY KNIGHTDALE 40 WithersRavenel SEWER OUTFALL D USGSQUAD - KNIGHTDALE EnglneemIVWnnemI5mxwars KNIGHTDALE WAKE COUNTY NORTH CAHOLIM1A C 1 / s I I I x n i x —� 11\ \ k _ '-,\ %.✓ '\ i f �a '-5n KNIGHTDALE STATION SANITARY 4� WithersRavenel SEWER OUTFALL D 1[USGS QUAD - KNIGHTDALE 1/ Engineers I Rlanner5 15urve ors 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 c AG Ilan TUBE B H = isA UT) B2 E: NS, r� ISX FLAG DDA TO —E7 vERtL PROP LINE BI 1 t i5 FROMWEST. 7 ,j (NP) PROP LINE TQI FRESHWATER IS FJMOV POND ARSN'NO f�. DAtU(VFL AG 00; - P2 (S FROM FLAG TO Ft A)CD (E;Nst P iN (E:N51 IE NS) P A(.UDi L n. "Ot.c P4 fNP) M E. •:; IF. 1:,. 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 a U M �' BUFFER IMPACT EXHIBITS wopp �� 4 O0 aoovyo vo vooc voo o @o� ZONE 109 E R 7M�Tl %D WR Scale AS Noted KNIGHTDALE STATION D,.,By I D- CM.ad B,lll"1,--- SEWER OUTFALL'E'& R019 MJA I 2MOV2511.6�11 � Knightdale Wake County North SLY OVERALL EXHIBIT t eAMS o ?RAPHI.0 SCALE I imh - 200 fL -40 WithersRavenell tooEngineers I Planners I Surveyors 125MwK—DrWe C,r.-27511 IL919A69"0 jli—#.C-032 / Zr ���1 -" �- ----------------- W s"�AG—T— ` P�RMANN <✓ I:htPACT- - -- — — — — —' I M PACT /# / // //'l+--= ,�S-F— �7/ \ \ \ \ SS ITF\OF �AL------ \ RY S,\t\�— \\\\EA;\ENI�EWT— \------- �� —ff , i Sine CM1eeYed By I I. No. KNIGHTDALE STATION SEWER OUTFALL'E' & R019 IMPACT# PERMANENTBUFFERIMPACTS [SF] ZONE 1 ZONE 2 #1 130 #2 175 #3 1,340 #4 112 TOTAL 1 1,657 BUFFER IMPACT EXHIBIT TOTAL PERMANENT " BUFFER IMPACTS: 1,657 SF = 0.04 AC GRAPHICSCALE 1 imh - 20 fl WithersRavenel SM1eelNo. 1/ Engineers I Planners I Surveyors '] 15N K—Dm. iCary, NC 275111 L 919A693,40 i fans CC -0 2ivw lthll—mdr •J