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HomeMy WebLinkAbout20021169 Ver 3_Application_20080107ENGINEERS I PLANNERS I SURVEYORS 111 MacKenan Drive CARY, NORTH CAROLINA, 27511 (919) 469-3340 FAX (919) 467-6008 TO: V~- -~~J G~ WE ARE SENDING YOU ^ Shop Drawings ^ Copy of Letter ^ Attached via ^ Prints ^ Change order ^ Plans ^ Diskette _ the following items: ^ Samples ^ Specifications COPIES DATE NO. DESCRIPTION S ~ ~ \ti~ V ~ ~ E'Th!• ~~ G a~~i~l ~ `` ~5 trN.i~ ~r ~~ . © ~ ~ ` ,1 THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ^ For your use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: ~Yb `_~ * ' c~ `'' ~ ~ 1 _'_ ~ ~n,.L~ ~ COPY TO: '~~ SIGNE6: i C,~.s ~~.~,,~;~ ~,,~ ~ _~ \'y~~105 AND STORM~ATER @P,A~CN ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints ~~~~~a o~ ~~Qa~~a~~a~ DATE -~ b ~~ JOB NO. ~.-.. ATTENTION (r PHONE # --~ ~S - 4 3 1 n RE: ~ ~ O ,~ .~ ~. c.. 0 -~~~ Y /f enclosures are not as noted, kindly notify us at once. WITHERS ~~ RAVEN EL ENGINEERS I PLANNERS I SURVEYORS January 7, 2008 US Army Corps of Engineers Attn: Mr. Jaime Shern 6508 Falls of the Neuse Road, Suite i2o Raleigh, North Carolina 27615 Re: Highcroft Village Subdivision Phase II Request for 4o4/4oi -Certification W&R Project Number - o2o7io33 NC-Division of Water Quality Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd Raleigh, North Carolina 27604 ~~ p ~.~ J AN ~ 208 Dear Mr. Shern & Ms. Karoly, pSANO ~~µ~A E~BP~~'H On behalf of Highcroft Investors, LLC, we are requesting authorization from the U~and NC-DWQ to use NWP 29 for the construction of a residential subdivision. The subject property is located on the north side of Green Hope School Road (SR 1621) approximately 200o feet west of the intersection of Green Hope School Road and NC HWY 55. The site is approximately 67.5 acres in size and contains an unnamed tributary to Panther Creek in the Cape Fear River Basin. The Hydrologic Unit Code forthis basin is 03020201. The Water Quality classification is WS-IV; NSW, and the stream index is i6-4i-1- i7-3. Project History The wetlands were delineated by Soil & Environmental Consultants prior to site plan development so that impacts would be minimized to the maximum extent possible. NWP's 12, 18, and 39 (AID: SAW-2oo6-40419-292; NC-DWQ Project #: EXP o2-1169) were issued for the impacts associated with Phase I. These impacts included 24 linear feet of temporary stream impact, 0.154 acres of permanent wetland impact, and 147 linear feet of permanent perennial stream impact. Data Forms in support of our delineation are included with the attachments. Proposed Impacts The proposed impacts for Phase II consist of 118 linear feet of perennial/important stream impact and 214 square feet of permanent wetland impact associated with road construction. Impacts are summarized in the PCN form. Please note that additional impacts maybe required for the construction of an adjacent thoroughfare, however, the Town of Cary will be the applicant. Avoidance and Minimization In order to access approximately the entire site, impacts to wetlands and a stream are required. Stream impacts were minimized by crossing at nearly a perpendicular angle and through the use of headwalls and steeper fill slopes at the crossing. stormwater Management Plan The proposed impervious surface for this project is expected to be approximately 42.77% following build-out. During construction the applicant will utilize BMP devices to prevent sediment from entering jurisdictional stream channels or wetlands. The applicant will treat stormwater using constructed wetlands and/or level spreaders. The stormwater plans are in their second review with the Town of iu MacKenan Drive i Cary, NC z75v i tel: 919.469.3340 i fax: 919.467.6008 i www.withersraveneLcom 7040 Wrightsville Avenue ~ Suite 101 i Wilmington, NC 28403 i tel: 9io.z56.9z77 i fax: 910.256.z584 1oz7 Sabbath Home Rd, SW i Supply, NC z8462 i tel: 91o.84z•9392 i fax: 91o.84z.8o19 Cary. The approval letter and plans will be forwarded to your office under separate cover. Mitigation Because the stream impacts for the entire project exceed 150 linear feet (Phase I +Phase II), the applicant proposes payment to NC-EEP to mitigate for ii8 linear feet of unavoidable stream impact in Phase II of the project. At this time, mitigation is not available in this cataloguing unit, however; mitigation is available in the adjacent unit. We are working with the USACE to determine whether this is an acceptable alternative. Please feel free to call if you have questions or require additional information. Sincerely, WITHERS ~RAVENEL, INC. Todd Preuninger Attachments 1) PCN Form 2) Site plans 3) Agent Authorization 4) USGS Quad 5) Wake County Soil Map 6) Data Forms and JD Forms Office Use Only: Form Version March OS USACE Action ID No. DWQ No. ~ ~ .. ~ ~ b ~ Y (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing PAID Check all of the approval(s) requested for thts project. _ ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information Owner/Applicant Information ~v ~.~ JAf~ 7 20~g Name: Hithcroft Investors, LLC atrar u~~t~r{ ~~n~cY~ Mailing Address: Attn: Glen Futrell WETLANDS ANDSTORMWATERBRANCW P.O. Box 3557 Cary, NC 27519 Telephone Number: (919)-463-9940 Fax Number: (919)-463-9983 E-mail Address: futrell(a~jl cg_orp.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Todd Preunin>;er Company Affiliation: Withers & Ravenel Mailing Address: 111 Mackean Drive Carv, NC 27511 Telephone Number:~919)-369-3340 Fax Number: (919)-238-2099 E-mail Address: Tpreuninger~a withersravenel.com Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Highcroft Village Subdivision Phase II 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0734-68-1762 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): Highcroft Village Directions to site (include road numbers/names, landmarks, etc.): From the intersection of US 64 and NC HWY 55 go north approximately 3.8 miles and turn left on Green Hope School Rd (SR 1621~pproximately 2000 ft and the site will be located on the right• 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum}: 35.8052042 °N 78.8781434 °W 6. Property size (acres): 67.5 acres 7. Name of nearest receiving body of water: Panther Creek 8. River Basin: Cape Fear River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently wooded. The current land use in the Page 2 of 8 vicinity is ,primary residential with commercial near the intersection of NC HWY 55 and Green Hope School Rd. 10. Describe the overall project in detail, including the type of equipment to be used: The propose project consists of the construction of residential housing. Typical heavy equipment associated with rading and construction will be utilized to install the infrastructure (i.e. roads and utilities). 11. Explain the purpose of the proposed work: The purpose of this project is to meet the growing demand for residential housing in the area. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The wetlands were delineated by Soil & Environmental Consultants prior to site plan development so that impacts would be minimized to the maximum extent. NWP's 12, 18, and 39 (AID: SAW-2006-40419-292; NC-DWQ Project #: EXP 02-1169) were issued for the impacts associated with Phase I. Impacts approved included 24 linear feet of temporary stream impact, 0.154 acres of permanent wetland impact, and 147 linear feet of perennial stream impact. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. One additional phase (III) is anticipated but will not impact waters of the U.S. or State. There is; however, a proposed Town of Carv Thoroughfare that will bisect the site. Additional impacts may be needed to construct this road, but the Town of Cary will be the applicant for this pro'el ct• VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Page 3 of 8 wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed impacts consist of 118 linear feet of perennial/important stream impact and 214 square feet of permanent wetland impact associated with road construction. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, ce»arately list impacts due to hcth structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) Road - NWP29 Permanent/Fill Forested NO ~75 0.005 Total Wetland Impact (acres) 0.005 3. List the total acreage (estimated) of all existing wetlands on the property: < 1 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mast he included_ Tn calculate acreage_ multiply len~tlt X width_ then divide by 43.560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Im act (linear feet) (acres) Road - NWP29 UT to Panther Crk Pennanent/Culvert Perennial 4 118 0.013 Total Stream Impact (by length and acreage) 118 0.013 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill_ excavation_ dred~in~_ flnndin~_ draina~e_ bulkheads_ etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma ocean, etc.) (acres) NA NA NA NA NA Total Open Water Impact (acres) NA 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Irrt act (acres): 0.013 Wetland hn act (acres): 0.005 Open Water Impact (acres): NA Total Impact to Waters of the U.S. (acres) 0.018 Total Stream Impact (linear feet): 118 Page 4 of 8 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. In order to access approximately half of the site, impacts to wetlands and a stream are unavoidable. Stream impacts were minimized by crossing at nearly a.perpendicular angle and through the use of 2:1 fill slopes instead of 3:1. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of Page 5 of 8 aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Because the stream impacts for the entire project exceed 1501inear feet (Phase I +Phase II ,the lisp 'cant proposes payment to NC-EEP to mitigate for 118 linear feet of unavoidable stream impact in Phase II of the project. At this time, mitigation is not available in this cataloguing unit, however; mitigation is available in the adjacent unit. We are working with the USACE to determine whether this is an acceptable alternative. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 118 Linear Feet Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Page 6 of 8 Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) I SA NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * I Impact I I Required Zone , ~__ _ r ~~~ Multiplier *,~:~:~~~.~~ 1 I NA 13 (2 for Catawba) I NA 2 NA 1.5 NA Total I NA I I NA * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. NA XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The proposed impervious surface for this project is expected to be approximately 42.77% following build-out. During construction the applicant will utilize BMP devices to prevent Page 7 of 8 sediment from entering.iurisdictional stream channels or wetlands. The applicant will treat stormwater usinP constructed wetlands and/or level spreaders. The stormwater plans are in their second review with the Town of Carv. The approval letter and plans will be forwarded to your office under separate cover. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sanitary Sewer XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We do not believe that this project will result in additional development that will impact water quality. Moreover, of any additional development occurs within the vicinity of this site, the applicant will be required to comply with the Phase II regulations as well as the Town of Cary stormwater requirements. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). NA Applicant/Agent's Signature ~at~ (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Et~Gtt3EER8 E PtAiJh£RS 1 StfRYEYDkS Site Access/Agent Authorization Form Project Name: Property Owner/Contract Purchaser: ~~.uo~l- rnE~~~,-~~~ Address: ~ y L~ex 355~- ('ti ~y SIC, Z~SI~. -- Phone: ~R19~ ' ~sr 3 ~ Q9yd Fax: Cgi9~ - y`3- ~~3 Email: I hereby grant Withers and Ravenel, INC permission to conduct environmental studies on the property described above. In addition, I authorize Withers and Ravenel to act on my behalf as my agent when conducting site meetings and/or correspondence (i.e. permit applications etc.) with the llSACE and the NC -Division of Water Quality, if necessary. Property Owner: ~l-~h1A1 ~z~9-r-P,l~ Date: (Print Name) !x~ ~ (Signature) -s . f - < - _ _\ ~; ~.! = ~ _ ~' ~ ~ d ~~ i - ~ _ ,_ / ! y ~ t 1933 , ;~ , ~ it J ' _„+ 1 ~ ~ 4 I ~ >. :, • J ,~ ~~ ~ ~ ~- ~ _~ X11 ` ~ `i. *, ~ ~ _ . ~,., ~~ `- ~~, ;7 ~ ~ (~! ~ib~-1 ~ :''~-r;Carpenter ~. ,~~ ~, .., ,_ - o~ ~. ~ ~ ~~ - ~ - - - ~a~. ,. _ ~~.; o ~ ~ _ ~ -~ `-~~„ t - )) .. ~~~ ~J/ qS~ r,/ \ ~ I f :776`--I r ~ 4 ;i ~ ~.. ` ' i ' i f~ R Va ~~- `//((-- '1; /// •~, 1( ~ 111 ~ it ~~ •~ ~~) <~ i r' - ~- r : \' '/ t(jj" ~ `T_~. ~_ ~ ~ /'\ n - t 11UU~{SS{{~~~11 ~_ ~ f1~ S }ll:~'J1 1 11 \ ~~ ~l ` ~ ~ Crm. ~~,~rr' ' J3~ - .150 ~~ ~~~~~~. ` , `~ p f . .--C kip' ~ % ( f t ' I ) ; ' , [, ~ 1 - "~~~ for _. ~. ~ ' ~, _ • ~. .. * ) r _ CJ _ ~. ( t t 1. ~ ~.~- esq. y''~. 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SGRV.YORS LT 1"= 9,320' 2' Highcroft Village 111 MacKenan Drive Cary, North Carolina 27511 A roved 8 Date: Job Number: Wake County, North Carolina AP Y~ te1.919-469-3340 fax:919-467-6008 TP 92-79-07 02079033 www. witnersravenel. com AREA PERMANENT PERENNIAL STREAM IMPACT (LF) PERMANENT INTERMITTEN STREAM IMPACT (LF) TEMPORARY INTERMITTENT STREAM IMPACT (LF) PERMANENT WETLANDS IMPACT (SF) PERMANENT ISOLATED WETLANDS IMPACT (SF) A 118 14 TOTAL 118 214 i `~ I ~I I'i~! N --- --- ~~ {~'f - -_._._ _ _.~ _~ _ / ~ ~ .~ -. ~ ~-4",- ~ I _ 4 . -I ~ -_ - _ -_~ 1 : ~ ~ >, ~:. ~ ; ~ ,~ - ~-~ A ( f i 1 + ,~,,,~ ~ ~ I I - t Hi',~ I uJ °, ' ~ y~: / r f 1 J f '~ ~ / b ~ I /` Y~ / +l U ~~~` r ~ 1 r F + r~' , `. i , .-r _ ~ M ~: i /~ _ ti' / F n ~~ Y mrrq~~~r % ~ ~ ~ ~ ~ \\ \ I i 1 ~ n - -. ,- .. 1 ~. rt ~_~,~• ~n I am I ~ ~ Y! '_ i; ~I ~7 ~ °}r'~+~, > ~ `... ~` ~z*".rRe."' `'.~~'~"~°~"`-~,~~~ 7~5. '.s ~,~ /' J~ 1 I , ~ I e ~~ ~ ~ "~~ \ ~ ICI J' ~9.,, ~-.._ ' I t ~` I ~ ~ i 11, I ~ I ~r >I IJ I ~- ~ ~--, i ~ ,_ . _'1_ ~.I;,n i ~ ~ ~. ~ n~x~ , ~ I ~ ~ ~ ---r ~, I I~~Y~a ,f '~ ~ ~ _ ~~ ~ 1~, ~: - ~/~ r ' i ~ ~ ~ ~ Z SITE DATA TOTAL PHASE 2 SITE AREA 34.58 ACRES IMPERVIOUS SURFACE 14.79 ACRES STREETS & SIDEWALK 4.32 ACRES LOTS (4000 SF/LOT) 10.47 ACRES TOTAL IMPERVIOUS AREA 14.79 ACRES IMPERVIOUS°/D 42,77 % WAKE COUNTY PIN 0734.02-68.1762 oa-~~ eaY3 ~ --~ =~==fi--~i~:~=~r~~ ~~ I ~ ~ 1~9 I ~ I j,.J- ~I ~ I ~ t " ~' I ~~ ~ ~~ I ~ ~ I .~~~1~~ _~ ~.-L ~ L l_1~'~~1~I_. r--~-~--~,. ~,~~ , ~~ -^PRPu OF errcwe¢a; ~sK roe o ~ zco 1 il~ch = `?00 fi. ----- -- k °`~ R~"'°" ~~~ ~y-i ~p ~ - ~~fi~ 1~- -~ HIGHCROFT VILLAGE ~: __ ~ I_ ~ I -_ -~ PHASE TWO I Ckcked ty ~loy ~ 1 L (~ I ~&R , a,_ _ ~ ~ARY WAKE North Carolina OVERALL SITE PLAN IMPACT MAP WITHERS ~ RAVENEL ENGINEERS I PIANN ERS I SURVEYORS 111 MxKen~n Dme Gry, Na hCadin~E1511 h1. 91916A314U 4z'919IfiJ41tl wnw.xtlim~.~eelmn 80J Shcel Nu 1 ~ ~, I w -'-'`320 ~ \ `, N~` I . ~ ~ _'~__ v -/ ~ ~ \ o __ -~\\/J/ ' '___-_ \ \~ 1 _ ~1 32p, ~- ~ _- ~ ~I k _ ~ I 1 1 _ I ~- i I ~ ~ ~ ..-. _ ~~ I .~ ~~ 'i- I ` ~'~ ~ ' . ~ __ ~~~ 1 yi a i ~ I~ i _ ~ .. v ~ ~ i ~ ,~ - ~ ... ~ _- .. ~ __ ~ - ~p--~_--. , . ,~ ry, ' I I I,,I LAND IM PACT ~ I I I ~ fiI ~ ~ ~~ ~ A , ~,/ __ ~._ i, I II~i _ ';I T ~ ~i I iliI~III~i! _ It+ {{ ~~ 1 ~l _ I I I~ ~ ~ ~ ' _ !~ ~ ' ~ ' c~ _ i+ I ~ } ~ ` ~i i ' S REAM IMPACT ~' ~ ~ ' ~ ~' ~,', ~ I ~ ~ I ~ ~ _ _ ,, { I ' ~ III' `~ ~ ~ ' ' ~ ~ _. _. _ ~?... ~ I ~~~ --\- \ 4 I I ~ I~ 1 I ' ' '.. I ~ I i !__ __ ~ ~ ~! ( ~ ~ ~~ ~ Ivy` -~....,.` , I .... - _-~ _. ~4. - 1.... _. ~/ 1 ~ ~ ! '/ ^ ..,, I i i l i i ~ - `~\. _.__~ ., ~ ~ ~ I ~ ~ - ~ -~~ Y _ ~ =_____ . --- ~ ~ I~~ '' ~~ ' -~'I~~ ~ ~__ ,~~ '1 1 ~,~ l ~ ~ Vii, li -~ _ - ~ ,ill,~~ ~~ ~I~~~ -- _ i ~ -- 1 I ~ ~; Iii ~~ -- -. ~'~ I ~ ~- _ , - ~, ~., _ ~~ ~~~ t i~ii~!i ~ _ ._ ~ ~ , ------S i~~, I ~ ~ ~ ~' +~ ` '~~- I it 1 it ~i r' i - ~~ I~ -- _ __ _ - ~~ ` ~ ._ _ -~ - ~II _ - ~i1i~' - -- _ - - J __- ~ ' li ~, ''~ _ __ . - ~ _. -..~ y~ f r ...... 1~~_ _ ~ _ ~ I I ~~I V ~ - ~ -~~ ~ ~~" ~~`~ ~ ~_ - ~ / ~ 1, ~~ ,,~ l i, ~ ) ~. ~ i _ 1 s ~~~~ - 1 ~- ~~ ~-I-~ ° - - ~ ~~ ____,~ --~ - ~'---~,~' . , ,., ~~~ ~ ~~, ~ ~ ~ ~3,, , o ~~ ~I~~~ k = ~ a _ { 1 1 < _ J T I I ~ ., a ~' i i '" i - QED` _ ~ S'~ax, ~ ~ t ~ ' I~, ~~ , ~ -' 1 ~, ;i - `- _ ~ ~ ~~~ 1 ~. g PERMANENT WETLAND IMPACT z, I 214 SF. = 0.005 AC. E = GRAPHIC SCALE ~~~ PERMANENT STREAM IMPACT AREA ao 0 20 ao so _, 118 LF ~- ___ __-- ,, = 585 SF. = 0.013 AC 1 inch = 40 ft. ,, i...------__- __ - - --- _ i HIGHCROFT VILLAGE 1 'r_ - __ __ __ ~ ~ WITHERS ~(' RAVENEL PHASE TWO 1MPACT "A" ' , EN6INEE RS 1 PLANNERS 1 SURVEYORS '- MARY Wake North Carolina L.. ___-. _.__~ ~,~~~oz non uuxq ns~., m-s,wsvasw lu. vszaooe_o..,..ww~„ s, 9~x8~ BOX CULVERT EXISTIN INVERT AQUATIC LIFE PASSAGE (EXISTING & PROPOSED ELEVATIONS) LOCATION EXISTING PROPOSED INVERT. GRADE ELEV. 1DSTREAM 306.0 305.0 WNSTREAM 305.0 304.0 UPSTREAM SECTION NOT TO SCALE 9'x8' BOX CULVERT EXISTIN INVERT DOWNSTREAM SECTION NOT TO SCALE 12-17-07 HIGHCROET VILLAGE - PH"ASE TWO WITHERS ~' RAVENEL E~EURE B: AEuATiC ~~EE MASSAGE DETAIL' ENGINEERS 1 PLANNERS 1 SURVEYORS SINGL= 9'x8' BOX C"L~i-~jT I qf~q T /~ /~q 111 MacKenan Drive Cary, Nor,h Carolina 27511 lel: 919-469-3340 fax: 919-467-6008 www.withersravenel.com i- U ~ C (\ I - I ~VI rH C I ~`1 i~[H ~ D2-t~c,a Y3 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish borough: Wake City: Cary Center coordinates of site (ladlong in degree decimal format): Lat. 35.8052042° , Long. 78.8781434° .. Universal Transverse Mercator: Name of neazest waterbody: Panther Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Jordan Lake Name of watershed or Hydrologic Unit Code (HUC): 03030004 Check if map/diagram of review area and/or potential jurisdictional azeas is/aze available upon request. [~ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): [( Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear.ta be no "navigable waters of the U.S."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ^ Waters subject to the ebb and flow of the tide. ^ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There "waters of the U.S."within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] i. Waters of the U.S. a. Tndicate presence of waters of U.S. in review area (check all that apply): t ^ TNWs, including territorial seas ^ Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs + Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 2001ineaz feet: 3-Swidth (ft) and/or acres. Wetlands: < 0.1 acres. c. Limits (boundaries) of jurisdiction based on: $TDelineatioa:.Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ~ Boxes checked below shall be supported by completing the appropriate sections in Section III below. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: NA. Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapaoos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: se:.miles Drainage area: s~,te'mftes`, Average annual rainfall: inches Average annual snowfall: inches (ii) Physical CharaMeristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Ick`_-Lisp tributaries before entering TNW. Project waters are river miles from TNW. Identify flow route to TNWS: Tributary stream order, if known: Project waters are river miles from RPW. Project waters are "aerial (straight) miles from TNW. Project waters are aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: ° Note that the Instructional Guidebook contains additional information regazding swales, ditches, washes, and erosional features generally and in the arid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that applyl: Tributary is: ^ Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: P4~is~ Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: c14Lis~ Estimate average number of flow events in review azea/yeaz: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pic[c~Lis~. Chazacteristics: - --_. ~- Subsurface flow: Pick T;i51a. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ cleaz, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.~ Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: Mean High Water Mark indicated by: ^ oil or scum line along shore objects ^ survey to available datum; ^ fine shell or debris deposits (foreshore) ^ physical markings; ^ physical mazkings/chazacteristics ^ vegetation lines/changes in vegetation types. ^ tidal gauges ^ other (list): (iii) Chemical Characteristics: Chazacterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: ~iek-List. Explain: Surface flow is: PickLisj Characteristics: Subsurface flow: Pick:List. Explain findings: ^ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated by berm/barrier. Explain: (d) Proximity_(Relationship) t~ TNW Project wetlands are PicltL~ river miles from TNW. Project waters are PIckL:is4 aerial (straight) miles from TNW. Flow is from: P1ck:L'ist. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is cleaz, brown, oil film on surface; water quality; genera] watershed characteristics; etc.). Explain: Identify specific pollutants, if lmown: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Chazacteristics (type, average width): ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: I~Lis~ Approximately ( )acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directlv abuts? (Y/N) Size (in acres) Directlv abuts? (Y/N) Size in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: [~ TNWs: linear feet width (ft), Or, acres. [l Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: tributary had water in channel during severe drought. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 200 linear feet 3-5 width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs$ that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). [} Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: wetlands tie to the channel. [~ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. [~ Demonstrate that impoundment was created from "waters of the U.S.," or [~ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or d Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY)a° =~ which are or could be used by interstate or foreign travelers for recreational or other purposes. =~ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. [Q Interstate isolated waters. Explain: [~, Other factors. Explain: Identify water body and summarize rationale supporting determination: BSee Footnote # 3. To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ^ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ^ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional udgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ^ Lakes/ponds: acres. ^', Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ^ Office concurs with data sheets/delineation report. ^ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ^ USGS NHD data. ^ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Lakewheeler Quad. ^ USDA Natural Resources Conservation Service Soil Survey. Citation: . National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: [~ Applicable/supporting scientific literature: [~ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This form is for a perennial stream and abutting wetlands that the attached permit will impact. DATA FORM p a, - l t Co ~1 Y 3 ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project/ Site: W&R Project # -02071033.00 Date: 1-3-2007 Applicant /Owner: Impact Properties Group County: Wake State: NC Investigator: Withers & Ravenel Inc. Do normal circumstances exist on the site? yes ~ No [l Is the site significantly disturbed (Atypical situation)? yes II No ~ Community /D: Hardwood Is the area a potential problem area? yes II No ~ Transect /D: 5' outside wl (explain on reverse if needed) P/otlD: Bottomland VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acer rubrum Tree FAC 9. _ 2. Fagus r~ifolia Tree FACU 10. 3. LiQUStrum sinense Tree FAC 11. _ 4. Carva alba Tree NI 12. _ _ 5. Pinus taeda Tree FAC 13. _ 6. Juniperus virQiniana Tree FACU- 14. 7. - 15. 8 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 50 Remarks: Hydrophytic Vegetation Present. HYDROLOGY Q Recorded Dafa (Describe /n Remarks): Wetland Hydrology Indicators II Stream, Lake, or Tide Gauge II Aerial Photographs Primary Indicators: Other II Inundated Saturated in Upper 12" No Recorded Data Available II Water Marks II Drift Lines Field Observations: II Sediment Deposits II Drainage Patterns in Wetlands Depth of Surface Water: NA (in.) Secondary Indicators: Depth to Free Water in Pit: >12 (in.) L1 Oxidized Roots Channels in Upper 12" II Water-Stained Leaves Depth to Saturated Soil: >12 (in.) ^ Local Soil Survey Data FAC-Neutral Test II Other (Explain in Remarks) Remarks: Hydrology Indicators Absent. SOILS Map Unit Name (Series and Phase): WsE White Store sandy loam 10-20% Drainage Class: Moderately Well Drained Taxonomy (Subgroup): Vertic Hapludults Confirm Mapped Type? YesII Nom Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munse/l Moist) Abundance/Contrast Structure, etc. 0-12 lOYR 6/6 Sandy Loam Hydric Soil Indicators: II Histoso/ II Concretions II Histic Epipedon II High Organic Content in Surface Layer in Sandy Soils II Sulfrdic Odor [Organic Streaking in Sandy Soils f ~ Aquic Moisture Regime QListed On Local Hydric Soils List Reducing Conditions QListed on National Hydric Soils List II G/eyed or Low-Chroma Colors II Other (Explain in Remarks) Remarks: Hydric Soils Absent WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ~ No ^ Is the Sampling Point Wetland Hydrology Present? Yes II No ~ Within a Wetland? YesII Nod( Hydric Soils Present? Yes II No Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project /Site: W&R Project # -02040191.00/ Highcroft Village Date: 1-3-2007 Applicant/ Owner: Impact Properties Group County: Wake State: NC Investigator: Withers & Ravenel Inc. Do normal circumstances exist on the site? yes ~ No /s the site significantly disturbed (Atypical situation)? yes [l ivo f ~ Community ID: Wetland /s the area a potential problem area? yes II IVo ~ Transect ID: flag 214 (explain on reverse if needed) P/ot/D: Bottomland VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acer rubrum Tree FAC 9. Vitis rotundifolia Vine FAC 2. Famous rg andifolia Tree FACU 10. Smilax Qlauca Vine FAC 3. Li¢ustrum sinense Tree FAC 11. _ 4. Carya alba Tree NI 12. 5. _ _ 13. _ 6. Viburnum nudum Shrub FACW+ 14. _ 7. Impatiens capensis Shrub FACW 15. _ 8. _ _ 16. _ _ Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 85 Remarks: Hydrophytic Vegetation Present. HYDROLOGY II Recorded Data (Describe In Remarks): Wetland Hydrology Indicators II Stream, Lake, or Tide Gauge II Aerial Photographs Primary Indicators: II Other II Inundated Saturated in Upper 12" No Recorded Data Available II Water Marks f ~ Drift Lines Field Observations: ~ Sediment Deposits II Drainage Patterns in Wetlands Depth of Surface Water: NA (in.) Secondary Indicators: Depth to Free Water in Pit: >12 (in.) ~ Oxidized Roots Channels in Upper 12" Water-Stained Leaves Depth to Saturated Soil: >12 (in.) II Local Soil Survey Data FAC-Neutral Test Q Other (Explain in Remarks) Remarks: Hydrology Indicators Present. SOILS Map Unit Name (Series and Phase): Wv Worsham Sandy Loam Drainage Class: Poorly Drained Taxonomy (Subgroup): Typic Ochraquults Confirm Mapped Type? Yes[1 NoJ~ Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-5 B l OYR 5/2 l OYR 4/6 Sandy Loam 5-12 C lOYR 6/1 lOYR 4/6 Sandy Loam Hydric Soil Indicators: II Histoso/ [l Concretions Q Histic Epipedon II High Organic Content in Surface Layer in Sandy Soils f ~ Sulfidic Odor Organic SUeaking in Sandy Soils II Aquic Moisture Regime Listed On Local Hydric Soils List [( Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Q Other (Explain in Remarks) Remarks: Hydric Soils Present WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ~ No [1 Wetland Hydrology Present? Yes ~ No j] Hydric Soils Present? Yes ~ No II Is the Sampling Point Within a Wetland? Yeses NoII Remarks: