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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 W�ATF�9QG 0NiiiW�"WW"AW1-'< 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 � <S 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 & WAKE CO. SOIL SURVEY IC lam GRAPHIC SCALE 0 500 1000 RQ 1 inch = 1000 ft. r/ A �� 1 A PROJECT SITE'N O (AMENITY CENTER) CdA-10, as=1 bury Lake-� r O RRY R CASTLEB White Oak Cr v U; `n►ESE� PATH 1-1 )111' /((i" - 'ciz LAKE CASTLEBERRY SUBDIVISION ;! Engineers I Planners I Surveyors WithersRavenel AMENITY CENTER USGS QUAD - GREEN LEVEL APIX WAKE COUNTY NORTH CAROLINA D o s R m C D� Ll ENITY asflebitr-y Lake��l / � 11R ,� RO CASTLE r, LAKE Ci SUB GRAPHIC SCALE 0 350 700 1 inch = 700 ft. RY LAKE CASTLEBERRY SUBDIVISION 11a WithersRavenel AMENITY CENTER USGS QUAD - GREEN LEVEL APCX WAKE COUNTY NORTH CAROLINA Engineers I Planners I Surveyors GRAPHIC SCALE 0o Cr 0 350 700 �o V Cr v 1 inch = 700 ft. r C 13 CrB2Cr( I ti r er _ sa?i ,. I. y W Z r / Ir r CrB2 rC2 /",—\CrB2 W of ff , C CrB1 �.. . - CrB r ' ' 0 Crrc 11 GfC2 r CrU � � 1 �! rC2 C CrC2 LAKE CASTLEBERRY SUBDIVISION ;! Engineers I Planners I Surveyors WithersRavenel AMENITY CENTER WAKE CO. SOIL SURVEY - SHEET 64 APEX WAKE COUNTY NORTH CAROLINA zIT, 12OVA X07:7 W_1:10 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 l F• 3 Y IM nN� I EATURE C rrA i umww� /oW ATURE B 11 ce FEATURED 41044� 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' I, WETLAND LOCATION EXHIBIT GRAPHIC SCALE 0 100 200 1 inch = 200 ft. WithersRavenet Engineers I Planners I Surveyors 0 IC lam GRAPHIC SCALE 0 500 1000 RQ 1 inch = 1000 ft. r/ A �� 1 A PROJECT SITE'N O (AMENITY CENTER) CdA-10, as=1 bury Lake-� r O RRY R CASTLEB White Oak Cr v U; `n►ESE� PATH 1-1 )111' /((i" - 'ciz LAKE CASTLEBERRY SUBDIVISION ;! Engineers I Planners I Surveyors WithersRavenel AMENITY CENTER USGS QUAD - GREEN LEVEL APIX WAKE COUNTY NORTH CAROLINA D o s R m C D� Ll ENITY asflebitr-y Lake��l / � 11R ,� RO CASTLE r, LAKE Ci SUB GRAPHIC SCALE 0 350 700 1 inch = 700 ft. RY LAKE CASTLEBERRY SUBDIVISION 11a WithersRavenel AMENITY CENTER USGS QUAD - GREEN LEVEL APCX WAKE COUNTY NORTH CAROLINA Engineers I Planners I Surveyors GRAPHIC SCALE 0o Cr 0 350 700 �o V Cr v 1 inch = 700 ft. r C 13 CrB2Cr( I ti r er _ sa?i ,. I. y W Z r / Ir r CrB2 rC2 /",—\CrB2 W of ff , C CrB1 �.. . - CrB r ' ' 0 Crrc 11 GfC2 r CrU � � 1 �! rC2 C CrC2 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 Qp s�a1 Wo' Sheet Nu. °�"' MPDdte,,,2-o,._dl LAKE CASTLEBERRY OVERALL WETLAND & STREAM IMPACT MAP WITHERS RAVEN EL 4�Njae�kd ay Iob No. ENGINEERS 1 PLANNERS 1 SURVEYORS Town of Apex Wake County North Carolina 11,--- or,,, Ca Nonhca, 1-27511 wl:919469-3340 with—., — J—. L,en,eNo-N32 �, — i f /p9 EXISTING 50' STREAM BUFFER ao ' EXISTING 100' 8� STREAM BUFFER 68'_ _ I I EXISTING 20' SETBACK — _ I goo POOL PERMANENT WETLAND \ I p IMPACT #1 \ v 0.006 AC (269 SF) ' — \ 79 ' '\ 16,585 SF AME�A EA — CLUBHOUSE AMENITY AREA 14,000 SF PARKING PREVIOUSLY PERMITTED 80 \ — — WETLAND IMPACT s ' O 14,000 SF ° / Loo Loo Loo Loo 0 tOD I ' 00° I m —�GRAN I ss { ss—s= �— � �3°a�oo, H�CHC� R SS SS 55 SS—� ������ _ FM SS ...: WA 55 FM M M FM FM $i� —E -WE ss Ss ss ss _ ' SCv��FM —M M ....5 •SAY a_3na FM 1'M M M � SS • �_3/b SS_ 86 _ M --------- _ �-w \ I �DOI I �00 I- � 15,458 SF i 15,670 SF 40 II I GRAPHIC SCALE 50 0 25 50 100 2� jI I I---------� ' I --------------------- 18,182 SF ' % ,. I I 0,4�RINGS EGGS EGGS I RINGS EGGS �G o i Iy--T--- --- P�li1 inch = 50 ft. 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