HomeMy WebLinkAbout20150039 Ver 1_401 Application_20160216-4■ WithersRavenel
0 � Our People. Your Success.
February 8, 2016
US Army Corps of Engineers NC -Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Unit
Mr. James Lastinger Ms. Karen Higgins
3331 Heritage Trade Drive 1617 Mail Service Center
Suite 105 Raleigh, North Carolina 27699
Wake Forest, NC 27587
Re: Lake Castleberry Subdivision Amenity Center - NWP 18 PCN Submittal
Corps AID #SAW -2013-01277
DWR Proj #15-0039v2
W&R Project #02130105.00
Dear Mr. Lastinger and Ms. Higgins,
On behalf of Standard Pacific of the Carolinas, LLC, we are requesting authorization from the
USACE to use NWP 18 for 0.006 acres of permanent wetland impacts for construction of the
parking lot associated with the amenity center within the Lake Castleberry residential subdivision.
We are also requesting a 401 WQC from NCDWR for the above referenced impacts.
The proposed amenity center is located in the western central portion of the Lake Castleberry
Subdivision, which is located in the southwestern quadrant of the intersection of Green Level West
Road and Wimberly Road in Apex, Wake County. The proposed amenity center is located at:
Latitude: 35.7653°N; Longitude: -78.93390W. The project is located in the Cape Fear River basin
and onsite waters drain to White Oak Creek. The Water Quality Classification for White Oak Creek
is WS-V;NSW;CA and the Stream Index Number is:16-41-6-(3.5). The cataloging unit for the site is
03030002.
Proposed Project
The proposed project consists of construction of an amenity center that will provide recreation for
the residents of the Lake Castleberry Subdivision. The amenity center will consist of a pool, sun
deck, clubhouse and associated parking. The proposed wetland impacts are necessary for
construction of the parking area only.
Project History
The Lake Castleberry Subdivision received a NWP 29 (AID SAW -2013-01277) and a 401 WQC
(SWR E15 -0039v2) in 2015, which authorized 0.481 acres of permanent wetland impacts and 148
If of permanent stream impacts for construction of the subdivision. Copies of the NWP 29 and 401
WQC have been provided as Appendices.
At the time of design and permitting of the subdivision, the parcel (PIN 0713936408) on which the
parking lot is located had not been purchased. The proposed 0.006 acres of permanent wetland
impacts for construction of the amenity center parking area are considered cumulative with the
1410 Commonwealth Drive, Suite 1011 Wilmington, NC 28403
t: 910.256.9277 1 f: 910.256.2584 1 www.withersravenel.com I License No. C-0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington
:r WithersRavenel
Our People. Your Success.
permitted impacts for the Lake Castleberry subdivision, and mitigation is proposed accordingly.
The currently proposed 0.006 acres of permanent wetland impacts, in combination with the
previously permitted 0.481 acres of permanent wetland impacts total 0.487 acres of cumulative
impacts for the Lake Castleberry subdivision. Therefore, the proposed impacts associated with the
amenity center is eligible for permitting under a NWP 18, as cumulative impacts for the entire Lake
Castleberry Subdivision will not exceed 0.49 acres.
The Corps Jurisdictional Determination (AID SAW -2013-01277) issued for the Lake Castleberry
Subdivision did not include the ±0.68 acre parcel associated with the proposed amenity center.
WR conducted a wetland delineation for the proposed amenity center project in December 2015.
A Preliminary JD Request in support of the delineation has been provided as an Appendix. We are
requesting issuance of the Preliminary JD specific to the parcel associated with the proposed
amenity center parking lot in conjunction with issuance of the NWP 18.
The Town of Apex issued a Buffer Determination for the project on August 29, 2013. Impacts to
riparian buffers will be permitting through the Town of Apex as a delegated municipality. A copy of
the Town of Apex Buffer Determination Letter has been provided as an Appendix.
Proposed Impacts
The proposed impacts consist of 0.006 acres of permanent wetland impacts for construction of the
parking area for the amenity center. The proposed wetland impacts will occur to a small, linear
wetland. The upstream portions of this wetland were previously permitted to be impacted, and
have since been filled.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Proposed permanent impacts have been minimized to only those impacts necessary to construct
the parking lot for the amenity center. Due to the triangular shape of the parcel associated with the
amenity center and parking area, as well as the location of the 100' Town of Apex riparian buffers,
the design could not be revised to avoid and minimize wetland impacts.
Mitigation
The proposed 0.006 acres of proposed permanent wetland impacts for construction of the amenity
center are considered cumulative with the previously permitted 0.481 acres of permanent wetland
impacts for the Lake Castleberry Subdivision. Therefore, the applicant proposes to mitigate for the
proposed 0.006 acres of permanent wetland impacts through the purchase of offsite mitigation
credits at a 2:1 ratio, resulting in the purchase of 0.12 acres of riparian wetland mitigation. The
mitigation will be provided in the Cripple Creek Stream & Wetland Mitigation Bank. A copy of the
Statement of Availability for the proposed mitigation bank has been provided as an Appendix.
Page 2 of 3
:r WithersRavenet
Our People. Your Success.
The current request is for 0.006 acres of permanent wetland impacts (see the attached maps and
PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
WithersRavenet
Troy Beasley
Senior Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• USGS Quad
• Wake County Soil Survey
• NWP 29 for Lake Castleberry Subdivision
• 401 WQC for Lake Castleberry Subdivision
• Town of Apex Buffer Determination Letter
• Preliminary JD Information for Amenity Center
• Cripple Creek Mitigation Bank Statement of Availability
• Impact Exhibits
Page 3 of 3
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
FEI es
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Lake Castleberry Subdivision Amenity Center
2b.
County:
Wake
2c.
Nearest municipality / town:
Apex
2d.
Subdivision name:
Lake Castleberry
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Standard Pacific of the Carolinas, LLC
3b.
Deed Book and Page No.
Book: 016046; Page: 02483 (PIN 71552919)
3c.
Responsible Party (for LLC if
applicable):
Jason Rivenbark
3d.
Street address:
1100 Perimeter Park Drive; Suite 112
3e.
City, state, zip:
Morrisville, NC 27560
3f.
Telephone no.:
919-465-5959
3g.
Fax no.:
3h.
Email address:
jason.rivenbark@calatl.com
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d. Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
(if applicable):
Withers and Ravenel
5c.
Street address:
1410 Commonwealth Drive, Suite 101
5d.
City, state, zip:
Wilmington, NC 28403
5e. Telephone no.:
910-256-9277
5f.
Fax no.:
910-256-2584
5g.
Email address:
tbeasley@withersravenel.com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
PIN 71552919
1 b. Site coordinates (in decimal degrees):
Latitude: 35.7653°N Longitude: - 78.9339°W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
±0.68 acres
(Parcel associated with impacts for parking lot)
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
White Oak Creek - Stream Index: 16-41-6(3.5)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-IV;NSW,CA
2c. River basin:
Cape Fear (Jordan lake) — HUC: 03030002
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 project site primarily consists of undeveloped woodlands. The primary land use in the vicinity of the project consists
of residential development.
3b. List the total estimated acreage of all existing wetlands on the property:
±0.006 acres of wetlands within Amenity Center project area.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct an amenity center to provide a pool and clubhouse for the residents of
the Lake Castleberry Subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of a pool, sun deck, clubhouse and associated parking area. Only the
construction of the amenity center parking lot will result in wetland impacts. Standard commercial construction equipment
will be used to construct.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑ Yes ® No F1Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Withers & Ravenel
Name (if known): Troy Beasley
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The proposed Amenity Center is being constructed on a parcel of land that was purchased after the original Lake
Castleberry Subdivision was permitted. The JD for the Lake Castleberry Subdivision (AID SAW-2013-01277) did not
include the current project area.
W&R conducted a wetland delineation of the current project area not covered under the Lake Castleberry Subdivision JD.
The documentation supporting the wetland delineation has been provided as an Appendix. Please note that we are
requesting a Preliminary JD for the current project area to be issued in conjunction with issuance of the NWP.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
❑ Open Waters ❑ Pond Construction
5b. If yes, explain in detail according to "help file" instructions.
The Lake Castleberry Subdivision was issued a NWP 29 (AID SAW -2013-01277) and a 401 WQC (DWR #15-0039v2) in
2015. The proposed impacts for the amenity center were not included in the 404/401 permits as the property associated
with the amenity center parking area had not been acquired yet. However, the 0.006 acres of proposed permanent
wetland impacts are considered cumulative with the previously permitted 0.481 acres of permanent wetland impacts
associated with the Lake Castleberry Subdivision.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number -
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ - non -404, other)
(acres)
Temporary T
Impact 1
® P [-] T
Fill for Parking Lot
Headwater Forest
® Yes
El No
® Corps
® DWQ
0.006 ac
2g. Total wetland impacts
0.006 ac
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ - non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑ PEI T
03 ❑P
04 ❑P
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ® Other: Jordan
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
re uired?
131 ❑P❑T
❑Yes
❑ No
B2 ❑ PEI T
F-1 Yes
❑ No
B3 ❑ PEI T
F-1 Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are being permitted by the Town of Apex as a delegated municipality.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands
and "waters" could be minimized.
Proposed impacts have been minimized to only those necessary for construction of the parking lot needed to provide parking
for use of the amenity center.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into adjacent buffers, wetlands and
streams.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
® Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project?
® Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Cripple Creek Stream and Wetlands Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type:
Riparian Wetland
Quantity 0.12 acres
3c. Comments: Mitigation is being provided at a 2:1 mitigation ratio because these impacts are considered cumulative with the
previously permitted 0.481 acres of permanent wetland impacts for the Lake Castleberry Subdivision.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.90 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Diffuse flow requirements will be reviewed/approved by the Town of
❑ Yes ® No
Apex, as a delegated municipality, during the stormwater management plan review
and buffer authorization permitting.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
26%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater runoff from the proposed amenity center will be captured and treated
by the stormwater management
system for the Lake Castleberry subdivision. Specifically, BMP #2 (wet pond) will capture and treat the stormwater from
the proposed amenity center. The stormwater management plan is being reviewed/approved by the Town of Apex.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Apex
® Phase II
3b.
Which of the following locally -implemented stormwater management programs
® NSW
El USMP®
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8of11
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes
❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project consists of an amenity center within the Lake Castleberry subdivision and will not be a catalyst for
future development that could impact nearby downstream water quality.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Western Wake WWTP
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/content/map to
identify if there were any known occurrences of endangered species on or near the proposed project. The review of the
NHP data did not identify any occurrences of endangered species or critical habitat on the subject property or within 1.0
miles of the project, see attached NCNHP project review letter. Site reviews did not identify any potential habitat for any
federally protected species known to occur in Wake County, except for the Northern Long Eared Bat.
Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used
for roosting during the day. Since the entire project area consists of mature forest over 3" DBH, there is potential northern
long eared bat habitat present. The USFWS Final 4(d) rule for the Northern Long-Eared bat specifies that tree removal
within the White Nose Syndrome (WNS) Zone is not prohibited as long as it occurs more than 0.25 miles from known
hibernacula and does not result in destroying known occupied maternity roost trees, or any other trees within a 150-radius
from the maternity tree, during the pup season (June 1 — July 31). The proposed project is not located within 0.25 miles
of any known hibernacula, nor is there any known maternity roost trees present on the project. Additionally, clearing of
mature forest between June 1s' and July 31st is not anticipated for construction of the proposed project. Therefore, WR
concludes that the project "may affect, but is not likely to adversely affect" the northern long-eared bat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no waters in Wake County classified as EFH.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
W&R reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to
determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The
database review did not identify any known resources within or in the vicinity of the proposed project.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
70 Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com & Wake Co. GIS Data
Troy Beasley — WR
Authorized Agent
Applicant/Agent's Printed Name
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02/08/16
Date
Applicant/Agent's Signature
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION
WITHERS ��'-�-RAVENEL
ENGINEERS ( PLANNERS SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser Standard Pacific of the Carolinas (Client) does hereby
appoint Troy Beasley / 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, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands,
streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental
permit applications/requests for the ±110 acre Johnson Assemblage Project. ,
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:
Troy Beasley /Withers & Ravenel, Inc.
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403
Tel. (910) 256-9277
Date: JE2- -) 7, 13
Signature of Client:
/�7(ey 6, 1.x4. 0
(Name - Print) (Title)
(Si nature)
Mailing Address
City State Zip
Phone:
Email:
115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 1 fax: 919.467-6008 1 www.withersravenet.com I License No. C-0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 ( tel: 910.256.9277 1 fax: 910.256.2584
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008
USGS QUADS &
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APEX WAKE COUNTY NORTH CAROLINA
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CASTLEBERRY SUBDIVISION
U.S. ,ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action Id. SAW -2013-01277 County: Wake U.S.G.S. Quad: NC -GREEN LEVEL
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Standard Pacific of the Carolinas -LLC
Attn: Grey Methven
Address: 1100 Perimeter Park Dr.
Suite 112
Morrisville, NC, 27560
Teieohone Number: 919-465-5930
Size (acres) 128 Nearest Town Apex
Nearest Waterway Haw River River .Basin Haw. North Carolina.
USGS,HUC 3030002 Coordinates Latitude: 35.7650381674502
Longitude: -78.9346790137354
Location description: The -project is, approximateiy 128 acres bordered to the north by Green Level West Rd., to the east by
Wimberly Rd. and to the south by Castleberry Rd., near the town of Apex, Wake County, North Carolina. Aquatic features
on site drain to White Oak Creek in the Cape .Fear River basin_
Description of projects area and activity: This permit verification allows for 0.48 acre_ of permanent wetland impacts, and 148
linear feet of permanent stream channel impacts from f Il associated with lot fill, and road crossings for the Lake Castleberr'
subdivision. This permit verification supersedes the previous authorization issued on January 2,8,2015. Mitigation is
required for this ro osal but has been Daid through the NC Division of Mitigation services as indicated on receipt and
mitieation transfer form received on March 5, 2015. please note additional special conditions have been added to this hermit
verification.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 07/31/2015. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
1 administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Lastin er at 919-554-4884 x32 or 3ames.C.Lostinger@ussee.army.mil.
SAW -2u13-01277
SPECIAL CONDITIONS
A pre -construction inspection of the proiect site must be performed by the Army Corps of Engineers, Wilmington
District (USAC1 ),, prior to beginning work within jurisdictional waters. The aptslicant must contact the USACE at
telephone 919-554-4884 ext 32 to establish a suitable date and time to conduct the pre construction inspection. The
applicant, and construction contractor who will be installing the culvert/road crossing and sewer line crossings, must
be Present during the pre -construction inspection Also, the exact footprint of the proposed fill must be demarcated
for the pre -construction meeting. Geographic coordinates (latitude and lonaitudei, for the project endpoints
(upstream and downstream locations] must be provided before or on the p_re-construction inspcetion date. The
coordinates must be provided in. North American Datum 1983 NAD83 decimal de ree format.
The applicant must notify theUSAC>±, either by telephone or in writing, (o -mail is acceptable), within 7 days of the
Placement of fill rotajurisdictional waters. The notification must be provided to James Lastingrer, Rep
ulatcry
Project Manager, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest North
Carolina 27578 or by email to iames.c.lastinger(a-)usace.army.mjl
3. A ost construction survey of the filled areas will be conducted, within 30 da s b-- a Register Professional Land
Surveyor PLS . This survey will include the eo ra hic coordinates for the project end points and/or rill limits as
described in Condition #1 above.
Action ID Number: SAW -2013-01277 County: Wake
Permittee: Standard Pacific of the Carolinas, LLC
Attn: Grey Methven
Project Name: Lake Castleberry Subdivision/Apex/Wake Coup /Green level West Rd.
Date Verification Issued: 08/06/2015
Project Manager: James Lastinger
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
SAW:;013-01277
Corps Regulatory C}ffici Date: 08/6/2015
Expiration Date of Ver' t ion: 03/18/2017
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and .Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period .not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued September 18, 2013. Action ID: SAW -2013-01277.
Basis For Determination:
Remarks: Please see Preliminary Jurisdictional Determination for Parcels identified by PIN 0723059640 and
072315414
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it .has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the D' isivn Office if you do not object to the determination in this correspondence.**
Corps Regulatory Offici :
SA rV-7.b 13•U1277
,fames Lastinger
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at http://re ugulatM.usacg: urvey.com/.
Copy furrdshed;
Ag;,nt: Withers & Rayenel. Inc.
Troy Beasley
Address: 1410 Common Wealth Drive
Suite 101
Wilmington. NC, 28403
Telephone dumber:
401 WQC FOR LAKE
CASTLEBERRY SUBDIVISION
4
4
ACD
E R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 12, 2015
Standard Pacific of the Carolinas, LLC
Attn: Gray Methven
1100 Perimeter Park Dr., Ste. 112
Morrisville, NC 27560
Donald R. van der Vaart
Secretary
DWR #15-0039v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Lake Castleberry Subdivision
Dear Mr. Methven:
You have our approval for the impacts listed below for the purpose described in your
application dated July 30, 2015 and received by the Division of Water Resources (Division) on
July 31, 2015. These impacts are covered by the attached Water Quality General Certification
Number 3890 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control,
Non -Discharge, and Water Supply Watershed regulations. This 401 Water Quality Certification
for DWR #15-0039v2 replaces the 401 Water Quality Certification for DWR #15-0039 dated
February 9, 2015. Impact #7 was previously authorized as 0.066 acre of temporary impact,
but the redesign of the sewer alignment necessitates that Impact #7 will now be 0.045 acre of
permanent impact.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
Lake Castleberry SD
DWR# 15-0039v2
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.028 (acres)
0
(acres)
Impact 1
Wetland
0.121 (acres)
0
(acres)
Impact 2
Wetland
0.027 (acres)
0
(acres)
Impact 3
Wetland
0.019 (acres)
0
(acres)
Impact 4
Wetland
0.060 (acres)
0
(acres)
Impact 5
Wetland
0.101 (acres)
0
(acres)
-
Impact 6
Wetland
0.045 (acres)
0
(acres)
Impact 7
Wetland
0.025 (acres)
0
(acres)
Impact 8
Wetland
0.028 (acres)
0
(acres)
Impact 9
Wetland
0.007 (acres)
0
(acres)
Impact 10
Wetland
0.006 (acres)
0
(acres)
Impact_ 11
Wetland
0.013 (acres)
0
(acres)
Impact 12
Stream
98 (linear feet)
0
(linear feet)
Impact 14
Stream
50 (linear feet)
0
(linear feet)
Impact 15
2. Stvrmwater Manaeement Plan (SMP] Aooroval from Local Communitv Reauired
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full-sized plan sheets, with proof of the Town of Apex's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail
Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification
occur. After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the Town of Apex. If the SMP is modified in the
future, then you shall provide one modified SMP with proof of approval to the DWR 401 &
Lake Castleberry SD
DWR# 15-0039v2
401APPROVAL
Page 3 of 4
Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5)]
3. No Waste Spoil, Solids or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities. [15A
NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Lake Castleberry SD
DWR# 15-0039v2
401 APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR-401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R-DWR-401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any
questions or concerns.
Sine ly,
tel.
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Troy Beasley; Withers & Ravenel; 1410 Commonwealth Dr., Ste. 101; Wilmington, NC
28403
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit file
ICOINTJZto] Oil 9 *AT :19J99mIN
01:0IAOuIIz/_lIIQz11:0a121:7
A
THE PEAK OF GOOD LIVING
September 18, 2013
Troy Beasley
Withers & Ravenel
1410 Commonwealth Drive, Unit 101
Wilmington, NC 28403
Subject: Stream Buffer Determination
Johnson Assemblage Site
Primary Watershed —Jordan Lake Watershed
Dear Mr. Beasley,
51own of cl�
P. O. BOA 250
APEX, NORTH CAROLINA 27502
Apex 13-01
On May 26, 2013, Town of Apex (Town) staff met with you at the subject site to perform
riparian buffer calls on three (3) drainage features. Based on the information obtained during
the site visit and per the requirements set forth in Section 6.1.11 of the Town Unified
Development Ordinance (UDO), I concur with the following determined riparian buffer widths
as presented in the attached documentation from Withers & Ravenel.
Drainage
Feature
Shown as on
USGS
Shown as on
Soil Survey
Stream
Form Points
Determination
made in field
Determined Buffer
Width (Ft)
A
Not Present
Intermittent
N/A
Not Present
0
B
Intermittent
Intermittent
24.5
Intermittent at
Flag S-4
50
C
Intermittent
Perennial
N/A
Not Contested
100
D
Not Present
Intermittent
10.75
Ephemeral
0
E
Not Present
Intermittent
14.5/4.5
Ephemeral
0
F(Lake)
Present
Present
N/A
Not Contested
100
G
Not Present
Not Present
N/A
Not Subject
0
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 Division of Water Quality (DWQ) or
Delegated Local Authority in the Jordan Lake watershed may request a determination by the
DWQ 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.
PP E -Y
O�Ty CAR�v
Town of Apex
Stream Buffer Determination (Apex 13-013)
Page 2 of 2
A request for a determination by the Director shall be referred to the Director in writing c/o Ian
McMillan, DWQ Wetlands/402 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650.
Otherwise the appeal procedure will be in accordance with UDO Section 6.1.11.
If you dispute the Director's determination, you may file a petition for an administrative
hearing. You must file the petition with the Office of Administrative Hearings within sixty (60)
days of receipt of this notice of decision. A petition is considered filed when it is received in the
Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm,
except for official State holidays. To request a hearing, send the original and one (1) copy of the
petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714. A copy of the petition must also be served to the Department of Natural Resources, c/o
Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal
within sixty (60) days.
If you have any questions, please do not hesitate to contact me at (919) 249-3413.
Sincerely,
Michael S. Deaton, PE
Environmental Programs Manager
Attachments
cc: Tim Donnelly, Public Works & Utilities Director
NOTE'.
ELF
BY MIKE DEATON WITH THE TOWN OF APEX ON MAY 29 2013,
PORTIONS OF PROPERTY WITHIN CHATHAM COUNTY WERE
NOT REVIEWED DURING BUFFER DETERMINATION
N
WETLANDS DELINEATED BY WITHERS 8 RAVENEL
1
J
2M' IPJ' o•
SONE N TEE'S
BI IFER LOCATION EC1IBI1 MAP OF cc
FREEMAN RAY JOHNSON, LINDA JOHNSON HALE WITNER8 OC RAVENEL
AND HENRY E LEWEY PROPERTY
ENGINEERS 1 PLANNERS I SURVEYORS
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FEATURE E
PRELIMINARY JD REQUEST
FOR AMENITY CENTER PARKING LOT
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Located in the Lake Castleberry Subdivision
City, State: Apex, NC
County: Wake County
Directions:
Parcel Index Number(s) (PIN): PIN 0713936408
B. REQUESTOR INFORMATION
Name: Troy Beasley - WithersRavenel
Mailing Address: 1410 Commonwealth Dr; Suite 101; Wilmington, NC 28403
Telephone Number: 910-509-6512
Electronic Mail Addresst: tbeasley@withersravenel.com
Select one:
❑ I am the current property owner.
❑✓ I am an Authorized Agent or Environmental Consultant
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Standard Pacific of the Carolinas, LLC
Mailing Address: 1100 Perimeter Park Drive; Suite 112
Morrisville, NC 27560
Telephone Number: 919-465-5929
Electronic Mail Address 3: jason.rivenbark@calatl.com
0 Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data)
1 If available
Z Must attach completed Agent Authorization Form
3 If available
Version: December 2013 Page 3
Jurisdictional Determination Request
D. PROPERTY OWNER CERTIFICATION
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on-site investigations
and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
See attached Agent Authorization Form
Property Owner (please print)
Property Owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
Date
❑✓ I am requesting that the Corps provide a preliminarX JD for the property identified herein.
This request does include a delineation.
❑ I am requesting that the Corps provide a preliminarX JD for the property identified herein.
This request does NOT include a delineation.
❑ I am requesting that the Corps investigate the property/project area for the presence or
absence of WOUS5 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation.
❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project
area and provide an approved JD (this may or may not include a survey plat).
❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property/project area and provide an approved JD (may or may not
include a survey plat).
4 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
5 Waters of the United States
Version: December 2013 Page 4
F.
V
❑✓
_a
G.
Jurisdictional Determination Request
ALL REQUESTS
Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.
Size of Property or Project Area 0.68
acres
I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests:
❑✓ Completed and signed Preliminary Jurisdictional Determination Form6.
❑✓
Project Coordinates: 35.7653°N
Latitude 78.9339°W
Maps (no larger than l 1x17) with Project Boundary Overlay:
Longitude
❑✓ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑✓ Aerial Photography of the project area
❑✓ USGS Topographic Map
❑✓ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008
Version: December 2013 Page 5
Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
❑✓ Wetland Data Sheets
Tributaries:
❑ USACE Assessment Forms
Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
✓❑ Field Sketch overlain on legible Map that includes:
■ All aquatic resources (for sites with multiple resources, label and identify)
■ Locations of wetland data points and/or tributary assessment reaches
■ Locations of photo stations
■ Approximate acreage/linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation:
❑ Project Coordinates:
Latitude
Longitude
Maps (no larger than 11x17) with Project Boundary Overlay:
❑ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan,
previous delineation maps)
1987 Manual Regional Supplements and Data forms can be found at:
http://www.usace.army.miI/Missions/CivilWorks/RegulatorVProgramandPermits/reg supp.aspx
Wetland and Stream Assessment Methodologies can be found at:
http://Portal.ncdenr.org/c/document library/get file?uuid=76f3c58b-dab8-4960-ba43-45b7faf06f4c&groupld=38364 and,
http://www.saw.usace.army.mil/Portals/59/docs/regulatory/publicnotices/2013/NCSAM Draft User Manual 130318.pdf
8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Version: December 2013 Page 6
Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
❑ Wetland Data Sheets
Tributaries:
❑ USACE Assessment Forms
❑ Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
❑ Field Sketch overlain on legible Map that includes:
• All aquatic resources (for sites with multiple resources, label and identify)
• Locations of wetland data points and/or tributary assessment reaches
• Locations of photo stations
• Approximate acreage/linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos
Form(s)")
❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc. to navigable waters.
9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Version: December 2013 Page 7
Jurisdictional Determination Request
I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT
Prior to final production of a Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review.
Due to storage limitations of our administrative records, the Corps requires that all hard-
copy submittals include at least one original Plat to scale) that is no larger than 11"x17"
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11 "x17", may also be submitted for Corps signature as needed. The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file. Upon verification, the Corps can electronically sign these
plats and return them via e-mail to the requestor.
(1) PLATS SUBMITTED FOR APPROVAL
❑ Must be sealed and signed by a licensed professional land surveyor
❑ Must be to scale (all maps must include both a graphic scale and a verbal scale)
❑ Must be legible
❑ Must include a North Arrow, Scale(s), Title, Property Information
❑ Must include a legible WoUS Delineation Table of distances and bearings/metes
and bounds/GPS coordinates of all surveyed delineation points
❑ Must clearly depict surveyed property or project boundaries
❑ Must clearly identify the known surveyed point(s) used as reference (e.g. property
corner, USGS monument)
❑ When wetlands are depicted:
• Must include acreage (or square footage) of wetland polygons
• Must identify each wetland polygon using an alphanumeric system
Version: December 2013 Page 8
Jurisdictional Determination Request
❑ When tributaries are depicted:
• Must include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OHWM) of tributary
• Must identify each tributary using an alphanumeric system
• Must include linear footage of tributaries and calculated area (using approximate
widths or surveyed OHWM)
• Must include name of tributary (based on the most recent USGS topographic
map) or, when no USGS name exists, identify as "unnamed tributary"
❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to
surveyed project/property boundaries
❑ Must include the location of wetland data points and/or tributary assessment
reaches
❑ Must include, label accordingly, and depict acreage of all waters not currently
subject to the requirements of the CWA (e.g. "isolated wetlands", "non -
jurisdictional waters"). NOTE: An approved JD must be conducted in order to
make an official Corps determination that a particular waterbody or wetland is not
jurisdictional.
❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that
transport WoUS
Version: December 2013 Page 9
Jurisdictional Determination Request
(2) CERTIFICATION LANGUAGE
❑ When the entire actual Jurisdictional Boundary. i�picted:
include the following Corps Certification language:
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual."
Regulatory Official:
Title:
Date:
USA CE Action ID No.:
❑ When uplands may be present within a depicted Jurisdictional Boundary
include the following Corps Certification language:
"This certifies that this copy of this plat identifies all areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is change in the law or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands
Delineation Manual."
Regulatory Official:
Title:
Date:
USA CE Action ID No.:
Version: December 2013 Page 10
Jurisdictional Determination Request
(3) GPS SURVEYS
For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as well as:
❑ be at sub -meter accuracy at each survey point.
❑ include an accuracy verification:
One or more known points (property corner, monument) shall be located with the
GPS and cross-referenced with the existing traditional property survey (metes and
bounds).
❑ include a brief description of the GPS equipment utilized.
Version: December 2013 Page 11
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Troy Beasley - WithersRavenel
1410 Commonwealth Drive, Suite 101; Wilmington, NC 28403
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Located within Lake Castleberry Subdivision
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Wake county City: Apex
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.7653 ON; Long. -78.9339 °W.
Universal Transverse Mercator:
Name of nearest waterbody: White oak creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
linear feet: width (ft) and/or acres.
Cowardin Class:
Stream Flow:
Wetlands: ±0.006 acres.
Cowardln Class: riparian wetland
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -Tidal:
1
E
REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
0 Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: WithersRavenel
0 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
0 U.S. Geological Survey map(s). Cite scale & quad name: Green Level (2013) - 1:24K
0 USDA Natural Resources Conservation Service Soil Survey.
Citation: Wake Oo. Soil Survey - 1970
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
0 Photographs: 0 Aerial (Name & Date): 2013 aerials - NC OneMap or
❑ Other (Name & Date):
0 Previous determination(s). File no. and date of response letter: SAW -2013-01277
❑ Other information (please specify):
2
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre -construction notification" (PCN), or requests verification for a non -reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "maybe" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later 'urisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
4
Zv�`�e�s�a vere_�
Signat re and date of
person requesting preliminary JD 02/08/16
(REQUIRED, unless obtaining
the signature is impracticable)
Lake Castleberry Subdivision Amenity Center -Preliminary JD Inventory Table
Estimated Amount of
Class of Aquatic
Site Number
Latitude
Longitude
Cowardin Class
Aquatic Resource in
the Review Area
Source
Wetland
Non -section 10
(Within Impact Area
35.7654
-78.9337
Riparian
0.006 acres
#1)
wetland
-4■ WithersRavenel
0 � Our People. Your Success.
Lake Castleberry Subdivision Amenity Center
W&R Project No. 02130105.00
Jurisdictional Determination Request Information
Corps AID# SAW -2013-01277
Applicant/Owner - Standard Pacific of the Carolinas, LLC
Jason Rivenbark
1100 Perimeter Park Drive
Suite 112
Morrisville, NC 27560
Physical Address - Located within the western central portion of the Lake Castleberry
Subdivision.
Written Authorization: See attached Agent Authorization form
Nearest Municipalitv_- Apex
County - Wake County
PIN - PIN 0713936408
Drainage Basin - Cape Fear/Haw River Basin
HUC Code: 03030002
Receiving Waters - White Oak Creek
Stream Index: 16-41-6-(3.5)
Classification: Class WS -V; NSW
Decidegrees - 35.7653°N; -78.9339°W
USGS Quad Map - Green Level Quadrangle
Soils Map - Wake County Soil Survey - Sheet 64 (Insert)
Total Area - ±0.68 acres
1410 Commonwealth Drive, Suite 1011 Wilmington, NC 28403
t: 910.256.9277 1 f: 910.256.2584 1 www.withersravenel.com I License No. C-0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington
LAKE CASTLEBERRY SUBDIVISION
AMENITY CENTER
I1'
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WETLAND LOCATION EXHIBIT
GRAPHIC SCALE
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Engineers I Planners I Surveyors
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LAKE CASTLEBERRY SUBDIVISION ;! Engineers I Planners I Surveyors WithersRavenel
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LAKE CASTLEBERRY SUBDIVISION 11a
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APCX WAKE COUNTY NORTH CAROLINA Engineers I Planners I Surveyors
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LAKE CASTLEBERRY SUBDIVISION ;! Engineers I Planners I Surveyors WithersRavenel
AMENITY CENTER WAKE CO. SOIL SURVEY - SHEET 64
APEX WAKE COUNTY NORTH CAROLINA
Print Form
WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont
Project/Site: Lake Castleberry Amenity Center City/County: Apex / Wake Co. Sampling Date: 2016-01-05
Applicant/Owner: Standard Pacific of the Carolinas, LLC State: NC Sampling Point: DP -1
Investigator(s): Troy Beasley - WithersRavenel Section, Township, Range:
Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): <5%
Subregion (LRR or MLR. LRR P Lat: 35.7654°N Long: -78.9337°W Datum: NAD83
Soil Map Unit Name: Wy - Worsham Sandy Loam NWI classification: Headwater Forest
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x❑ No ❑ (If no, explain in Remarks.)
Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes ❑x No ❑
Are Vegetation ❑, Soil ❑, or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes 1E No ❑
Is the Sampled Area
Hydric Soil Present? Yes 0 ® No within a Wetland? Yes ❑ No ❑
Wetland Hydrology Present? Yes ❑x No ❑
Remarks
DP -1 is located within the wetland impact area, which is the downstream portion of Wetland G covered by the JD for the
Lake Castleberry Subdivision (SAW -2013-01277).
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
❑ Surface Soil Cracks (B6)
Qn Surface Water (Al)
Water -Stained Leaves (B9)
❑ Sparsely Vegetated Concave Surface (B8)
L.I High Water Table (A2)
® True Aquatic Plants (B14)❑I
Drainage Patterns (B10)
❑ Saturation (A3)
Hydrogen Sulfide Odor (Cl)
1J Moss Trim Lines (B16)
Water Marks (B1)
_E Oxidized Rhizospheres on Living Roots (C3)
® Dry -Season Water Table (C2)
Sediment Deposits (B2)
Presence of Reduced Iron (C4)
® Crayfish Burrows (C8)
Drift Deposits (133)
Recent Iron Reduction in Tilled Soils (C6)
Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (B4)
Thin Muck Surface (C7)
❑ Geomorphic Position (D2)
® Iron Deposits (B5)
Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Stunted or Stressed Plants (D1)
❑x Microtopographic Relief (D4)
❑x FAC -Neutral Text (D5)
Field Observations:
Surface Water Present? Yes
No ___0 Depth (inches):
Water Table Present? Yes
No Depth (inches): 13"
Saturation Present? Yes
No -0 Depth (inches): at surface
Wetland Hydrology Present? YesNo n
(includes capillary fringe)
_Q
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Wetland hydrology was present.
US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
VEGETATION — Use scientific names of plants.
Sampling Point: DP -1
(Plot size:N/A
Absolute
Dominant Indicator
Dominance Test worksheet:
Tree Stratum )
% Cover
Species? Status
Number of Dominant Species
1. Cutover
ElThat
Are OBL, FACW, or FAC: 2 (A)
2.
3
®
Total Number of Dominant
2
Species Across All Strata: (B)
4.
❑
5.
®
Percent of Dominant Species
100%
That Are OBL, FACW, or FAC: (A/B)
6.
❑
7.
®
Prevalence Index worksheet:
= Total Cover
Total % Cover of: Multiply by:
Sapling Stratum (Plot size: N/A )
OBL species x 1 =
1.
❑
FACW species x 2 =
FAC species x 3 =
2. ❑
3.
❑
FACU species x 4 =
4.
❑
UPL species x 5 =
5.
❑
Column Totals: (A) (B)
6.
7
®
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
= Total Cover
Shrub Stratum (Plot size: N/A )
X 1 - Rapid Test for Hydrophytic Vegetation
®
1.
— 2 - Dominance Test is >50%
2
❑
— 3 - Prevalence Index is <_'3.0
3
❑
— 4 - Morphological Adapations' (Provide supporting
4
❑
data in Remarks or on a separate sheet)
' Indicators of hydric soil and wetland hydrology must
5. ❑
6
®
be present, unless disturbed or problematic.
®
7.
Definitions of Vegetation Strata:
= Total Cover
Herb Stratum (Plot size:5' X 20' (lineal)
Tree – Woody plants, excluding woody vines,
1 Juncus effusus
40%
x❑ FACW
approximately 20 ft (6 m) or more in height and 3 in.
2 Scirpus cypennus
20%
E] OB[_
(7.6 cm) or larger in diameter at breast height (DBH).
3
❑
Sapling – Woody plants, excluding woody vines,
®
approximately 20 ft (6 m) or more in height and less
4
than 3 in. (7.6 cm) DBH.
5.
®
Shrub – Woody plants, excluding woody vines,
6
®
approximately 3 to 20 ft (1 to 6 m) in height.
7.
8
®
Herb – All herbaceous (non -woody) plants, including
®
herbaceous vines, regardless of size. Includes woody
9.
plants, except woody vines, less than approximately
10.
❑
3 ft (1 m) in height.
®
11.
Woody vine – All woody vines, regardless of height.
12.
60%
= Total Cover
Woody Vine Stratum (Plot size: N/A
)
1.
❑
2.
❑
3.
❑
4.
®
5•
®
Hydrophytic
Vegetation
= Total Cover
Present? Yes ❑ No
Remarks: (If observed, list morphological adaptations below).
Hydrophytic vegetation was present at this sampling point.
US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
SOIL
Sampling Point: DP -1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type' Locz Texture Remarks
0-10 10YR 4/1 90%
7.5YR 4/6 10% C M Loam
10-14+ 10YR 5/1 85%
7.5YR 4/6 15% C M Loam
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 'Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils':
❑ Histosol (Al)
❑ Polyvalue Below Surface (S8) (LRR S, T, U)
❑ Histic Epipedon (A2)
Thin Dark Surface (S9) (LRR S, T, U) f] 2 cm Muck (A10) (LRR S)
❑ Black Histic (A3)
Loamy Gleyed Matrix (F2) 0 Coast Prairie Redox (A16) (MLRA 150A)
❑-H dro en Sulfide (A4)
Depleted Matrix (F3)
-❑ Piedmont Floodplain Soils (F19) (LRR P, S, T)
❑ Stratified Layers (A5)
Redox Dark Surface (F6) ® Red Parent Material (TF2)
❑ 2 cm Muck (A9) (LRR P, T)
Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) (LRR T, U)
❑ Depleted Below Dark Surface (A11)
❑ Redox Depressions (F8)
❑ Other (Explain in Remarks)
Q Thick Dark Surface (Al2)
❑ Sandy Mucky Mineral (S1) (LRR O, S)
_� Reduced Vertic (F18) (MLRA 150A, 1506)
❑ Sandy Gleyed Matrix (S4)
❑ Piedmont Floodplain Soils (F19) (MLRA 149A)
❑ Sandy Redox (S5)
❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
❑ Stripped Matrix (S6)
❑ Dark Surface (S7) (LRR P, S, T, U)
—❑ Iron -Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and
❑ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present,
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes El No ❑
Remarks:
Hydric soils were present at this sampling point.
US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0
Print Form
WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont
Project/Site: Lake Castleberry Amenity Center City/County: Apex / Wake Co. Sampling Date: 2016-01-05
Applicant/Owner: Standard Pacific of the Carolinas, LLC State: NC Sampling Point: DP -2
Investigator(s): Troy Beasley - WithersRavenel Section, Township, Range:
Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): <5%
Subregion (LRR or MLR. LRR P Lat: 35.7654°N Long: -78.9337°W Datum: NAD83
Soil Map Unit Name: Wy - Worsham Sandy Loam NWI classification: Uplands
Are climatic / hydrologic conditions on the site typical for this time of year? Yes ❑ No ❑x (If no, explain in Remarks.)
Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes ❑x No ❑
Are Vegetation ❑, Soil ❑, or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes 1E No ❑
Is the Sampled Area
Hydric Soil Present? Yes 1:1® No x within a Wetland? Yes ❑ No El
Wetland Hydrology Present? Yes ❑x No ❑
Remarks:
This sampling point is located in uplands, adjacent to the wetland impact area.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
❑ Surface Soil Cracks (B6)
Qn Surface Water (Al) Water -Stained Leaves (B9)
❑ Sparsely Vegetated Concave Surface (B8)
L.I High Water Table (A2) ® True Aquatic Plants (B14)❑I
Drainage Patterns (B10)
❑ Saturation (A3) Hydrogen Sulfide Odor (Cl)
1J Moss Trim Lines (B16)
Water Marks (B1) Oxidized Rhizospheres on Living Roots (C3)
® Dry -Season Water Table (C2)
Sediment Deposits (B2) Presence of Reduced Iron (C4)
® Crayfish Burrows (C8)
Drift Deposits (133) Recent Iron Reduction in Tilled Soils (C6)
Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (B4) Thin Muck Surface (C7)
❑ Geomorphic Position (D2)
® Iron Deposits (B5) Other (Explain in Remarks)
❑ Shallow Aquitard (D3)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Stunted or Stressed Plants (D1)
® Microtopographic Relief (D4)
® FAC -Neutral Text (D5)
Field Observations:
Surface Water Present? Yes No ___0 Depth (inches):
Water Table Present? Yes No Depth (inches): >24"
Saturation Present? Yes No __0 Depth (inches): 12"
Wetland Hydrology
Present? YesNo rl
(includes capillary fringe)
_Q
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Wetland hydrology was present based on saturation within the upper 12 inches. However, Wake Co. is 20"+ above normal
rainfall for the last 12 months, resulting in an abnormal elevated groundwater table.
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
VEGETATION — Use scientific names of plants.
Sampling Point: DP -2
Tree Stratum (Plot size:N�A )
1. Cutover
Absolute
% Cover
Dominant Indicator
Species? Status
ElThat
Dominance Test worksheet:
Number of Dominant Species
Are OBL, FACW, or FAC: 5 (A)
2.
3
4.
®
❑
Total Number of Dominant
Species Across All Strata: 6 (B)
5
6.
O
Percent of Dominant Species
o That Are OBL, FACW, or FAC: 83 /o (A/B)
7.
®
Prevalence Index worksheet:
Sapling Stratum (Plot size: 30' Radius )
= Total Cover
Total % Cover of: Multiply by:
OBL species x 1 =
1 Cutover
❑
FACW species x 2 =
FAC species x 3 =
2. ❑
3.
❑
FACU species x 4 =
4.
❑
UPL species x 5 =
5.
❑
Column Totals: (A) (B)
6.
7
®
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
A 1 - Rapid Test for Hydrophytic Vegetation
_ 2 - Dominance Test is >50%
45% = Total Cover
Shrub Stratum (Plot size: 30' Radius )
1 Acer rubrum 20% FAC
2 Quercus alba
15%
❑ FACU
_ 3 - Prevalence Index is <_'3.0
3 Baccharis halmifolia
10%
x❑ FAC
— 4 - Morphological Adapations' (Provide supporting
4
5.
6
7.
Herb Stratum Plot size:5' radius
( )
1 Polystichum acrostichoides
o
45/o
15%
❑
®
®
® Total Cover
=
x❑ FAC
data in Remarks or on a separate sheet)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Vegetation Strata:
Tree –Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and 3 in.
2.
3
4
5.
®
❑
®
(7.6 cm) or larger in diameter at breast height (DBH).
Sapling – Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub – Woody plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.
Herb – All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than approximately
3 ft (1 m) in height.
Woody vine – All woody vines, regardless of height.
6 ®
7. ❑
8 ®
9. ®
10. ❑
11. ®
12.
Woody Vine Stratum (Plot size: 30' Radius
15%
)
= Total Cover
1.Rubus argutus
30%x❑
FAC
2•Vitis rotundifolia
25%
x❑ FAC
3.
❑
4.
5•
55%
®
®
= Total Cover
Hydrophytic
Vegetation
Present? Yes ❑ No
Remarks: (If observed, list morphological adaptations below).
The vegetation at this sampling point was considered hydrophytic based on the dominance test. However, there were no
species wetter than FAC, and the vegetation fails the FAC -Neutral test.
US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
SOIL
Sampling Point: DP -2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type' Locz Texture Remarks
0-14+ 10YR 4/4 100%
Loam
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils':
❑ Histosol (Al)
❑ Polyvalue Below Surface (S8) (LRR S, T, U)
❑ Histic Epipedon (A2)
Thin Dark Surface (S9) (LRR S, T, U) f] 2 cm Muck (A10) (LRR S)
❑ Black Histic (A3)
Loamy Gleyed Matrix (F2) 0 Coast Prairie Redox (A16) (MLRA 150A)
❑-H dro en Sulfide (A4)
Depleted Matrix (F3)
-❑ Piedmont Floodplain Soils (F19) (LRR P, S, T)
❑ Stratified Layers (A5)
Redox Dark Surface (F6) ® Red Parent Material (TF2)
❑ 2 cm Muck (A9) (LRR P, T)
Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) (LRR T, U)
❑ Depleted Below Dark Surface (A11)
❑ Redox Depressions (F8)
❑ Other (Explain in Remarks)
Q Thick Dark Surface (Al2)
❑ Sandy Mucky Mineral (S1) (LRR O, S)
_� Reduced Vertic (F18) (MLRA 150A, 1506)
❑ Sandy Gleyed Matrix (S4)
❑ Piedmont Floodplain Soils (F19) (MLRA 149A)
❑ Sandy Redox (S5)
❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
❑ Stripped Matrix (S6)
❑ Dark Surface (S7) (LRR P, S, T, U)
—❑ Iron -Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and
❑ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present,
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes ❑ No ❑
Remarks:
Hydric soils were not present at this sampling point.
US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0
CRIPPLE CREEK MITIGATION BANK
611F_I I A& I az19107 ; F_\%11 W_1:31111 VA
Statement of Mitigation Credit Availability
Cripple Creek Stream & Wetland Mitigation Bank
January 25, 2016
Mr. James Lastinger
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
Re: Availability of Compensatory Riparian Wetland Mitigation Credits
Project: Lake Castleberry Amenity Center—Apex, Wake County
We are providing this letter in accordance with 33 CFR §332.8(r), to confirm that .12 Riparian Wetland Mitigation
Credits (Credits) from the Cripple Creek Stream & Wetland Mitigation Bank (Bank) are currently available and may
be used, once transferred, for compensatory mitigation relative to the Lake Castleberry Amenity Center project,
and as proposed by Standard Pacific Home of the Carolinas, LLC (Applicant).
The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the
Applicant purchase the Credits at that time, we will complete and execute the Compensatory Mitigation
Responsibility Transfer Form (Transfer Form) within five (5) days of receipt of the full purchase price.
We will additionally provide copies of the completed and executed Transfer Form to the Applicant, the Bank's US
Army Corps (USACE) Project Manager and, if needed, other regulatory agencies. In addition, we will provide USACE
with an updated copy of the Bank's Ledger, reflecting the transaction. Transaction information in the updated Bank
Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited
Credits.
Should your office have any questions, please contact me at 919.334.9123.
Sincerely,
J#t- fby� xr`
Tiffani Bylow
Restoration Systems, LLC
II&I9MI9*A' 00110.1kW
LAKE CASTLE BERRY AMENITY CENTER WETLAND IMPACT SUMMARY
IMPACT
WETLANDS
STREAMS
r
MAP IMPACT #
PERMANENT TEMPORARY
PERMANENT TEMPORARY
/
SQ. FT.
AC
SQ. FT.
AC
LF
LF
A
1
269
0.006
Align
/ Stat
Of
i t.
111
�I.
I II
-BMP #4
(WET POND)I I
I
— IIS
VICINITY MAP
r—SITE
A
IZ
CREEK
Imill RURAL
RESIDENTIAL N.T.S. PAK CRV.
EEK
i tj 1I fI WHITE
I I
BMP #6—
J i
\ \ BMP #5 �I (GRASSED \ I ---------
\ (STORMWATER SWALE)
WETLAND) \—
I
BMP #3
\ I I (BIORETENTION) L _
I
AMENITY
iAREA IMPACT------
�
1 \ I I
_
\,
LAKE CASTLEBERRY � � � I I � ��� � ' � P� � � IVA � � — — — I
L \
COLONIAL AND CARDINAL
PIPELINE EASMENT
---:i -
� .o— —
L _ x GRAPHIC SCALE
500 0 250 500 loo
BMP #1 r —J\ I Oij
I 11
(WET POND Z 1 inch – 500 ft.
L — — —
No. Revision Date 1 B oe,t.ie
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4�Njae�kd ay Iob No. ENGINEERS 1 PLANNERS 1 SURVEYORS
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No. Revision Date 1 By —ig— s -ie
JEEVI t LAKE CASTLEBERRY WITHERS RA►VENEL 9"
EDY WETLAND IMPACT #1 ay MP t°b"°" '• ENGINEERS 1 PLANNERS 1 SURVEYORS
�� 021.101.00 Town ofApex Wake County North Carolina L 5 Mac-- Drive Cary, Nonh Carolina 27511 rel: 9194-3340 withersraveneLcom License N°.-32