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HomeMy WebLinkAbout20160344 Ver 1_401 Application_20160416Environmental Consultants, 8413 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 From: Deborah E. Shirley Soil & Environmental Consultants, PA Re: Camberly Action ID# SAW -2014-01957 Wake County, NC April 8, 2016 S&EC Project # 12401.W6 NC DWR, 401 & Buffer Permitting Unit Attn: Karen Higgins Archdale Building — 9th Floor 512 North Salisbury Street Raleigh, NC 27604 20160344 HrK U 8 2016 D� On behalf of the applicant, Camp Kanata Development, LLC (Attn: Michael E. Jordan) please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers and the N. C. Division of Water Resources (NCDWR) that the activities proposed below may proceed under Nationwide Permit 29 and Water Quality Certification 3890. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Camberl Project Type Residential Development Owner / Applicant Camp Kanata Development, LLC County Wake Nearest Town Town of Wake Forest Waterbody Name UT to Mud Branch Basin Neuse Index Number 27-17-1-(2) Class WS -IV, NSW IMPACT SUMMARY Stream Impact (acres): 0.011 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.011 Total Stream Impact (linear feet): 149 Total Riparian Buffer Impacts (square feet): Zone 1: 7,230; Zone 2: 3,662 Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form USGS Topographic Map NRCS Soil Survey Map Jurisdictional Determination -SAW -2014-01957 NCDWR Surface Water Determination letter #14-359 Existing Conditions & Overall Site Plan Impact Exhibit DWR ONLY: Drainage Delineation Maps Data CD $240 DWR Application Fee p�OF W AT �9�G Olqiiii�T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 13 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: N/A 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Camberly 2b. County: Wake 2c. Nearest municipality / town: Wake Forest 2d. Subdivision name: Camberly 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Michael E. Jordan 3b. Deed Book and Page No. D. B. 15720; Pg. 2418 3c. Responsible Party (for LLC if applicable): Camp Kanata Development, LLC 3d. Street address: 933 Old Knight Road 3e. City, state, zip: Knightdale, NC 27545 3f. Telephone no.: 919-422-3933 3g. Fax no.: N/A 3h. Email address: Mike(a)jvmpmt.net Page 1 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Owner-please send correspondence to Agent and Applicant 4b. Name: Michael E. Jordan 4c. Business name (if applicable): Camp Kanata Development, LLC 4d. Street address: 933 Old Knight Road 4e. City, state, zip: Knightdale, NC 27545 4f. Telephone no.: 919-422-3933 4g. Fax no.: NIA 4h. Email address: Mike(a_)ivmg2 t. net 5. Agent/Consultant Information (if applicable) 5a. Name: Deborah Edwards Shirley 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 8412 Falls of Neuse Road, Ste. 104 5d. City, state, zip: Raleigh, NC 27615 5e. Telephone no.: 919-846-5900 5f. Fax no.: 919-846-9467 5g. Email address: DShirley(a)SandEC.com Page 2 of 13 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Parcel ID: 1821-64-7682 1b. Site coordinates (in decimal degrees): IMPACT #1 Latitude: 35.9900 Longitude: - 78.5734 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: ± 113 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Mud Branch 27-17-1-(2) proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW 2c. River basin: Neuse River Basin, Hydrologic Unit Code 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Existing conditions consist of forested land. A jurisdictional perennial stream bounds the eastern property. Four intermittent/perennial streams flow eastward into the perennial perimeter stream with three jurisdictional wetland areas located within the streams riparian buffers. The general land use in the vicinity of the project is rural residential and forested land. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 0. 06 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 5,401 linear feet 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access to uplands within a residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of the construction of the roads, single family lots and stormwater BMP's for a residential subdivision. Specifically, there is one stream & riparian buffer impact associated with a proposed road crossing. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ® Final Comments: AID# SAW --2014-01957 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Soil & Environmental Name (if known): Steven Ball Consultants, PA Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE-a site visit was conducted with James Lastinger to verify jurisdictional wetlands & streams on October 8, 2014, a final Jurisdictional Determination has been issued (AID# SAW -2014-01957); DWR-a site visit with the James Graham was conducted on October 6, 2014 NBRRO 14-359). 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? 5b. If yes, explain in detail according to "help file" instructions. N/A Page 3 of 13 - PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? --FE] -Yes No 6b. If yes, explain. Page 4 of 13 C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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 — non404, other) (acres) Temporary T W1 ❑ P [:IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 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 -Permanent (PER) or (Corps - 404, 10 stream length (P) or Temporary (T) intermittent DWQ — non404, width (linear (INT)? other) (feet) feet) Road Crossing- ❑ PER ® Corps S1 (#1) ® P ❑ T Culvert & UT to Mud Branch ® INT ❑ DWQ 5 149 Dissipater S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 149 3i. Comments: Page 5 of 13 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 individu lly list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water impact Name of number — waterbody Type of impact Waterbody type Area of impact (acres) Permanent (P) or (if applicable) Temporary T 01 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number pond 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: Page 6 of 13 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 req uire mitigation, then you MUST"fill out Section D of this form. tia. ® Neuse ❑ Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) or impact Stream name mitigation (square feet) (square feet) Temporary T required? 131 (#1) ® P [:1 T Road Crossing UT to Mud Branch ®Nos 7,230 3,662 B2 E]' P.❑ T ❑ Yes ❑ No B3❑P ❑ T El Yes ❑ No B4 ❑P ❑T ❑ Yes ❑ No B5 ❑P ❑T ❑ Yes ❑ No B6 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts... 7,230 3,662 6i. Comments: Page 7 of 13 . Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Impact #1 is a proposed road .crossing. This impact is necessary to access uplands on the northern portion of the property. Proposed impacts include 149 linear feet of permanent stream impact and associated riparian buffer impacts. This road crossing has been designed to minimize impacts by crossing the stream channel above the perennial/important start point, in addition to crossing the stream at a near perpendicular angle. Additionally, the entrance road Gentry Drive was shifted to the south to avoid parallel riparian buffer impacts. All other streams and wetlands onsite have been avoided. Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 29. With respect to residential developments (NWP 29 -Regional Conditions section 4.0) the applicant does not anticipate any impacts to streams or wetlands _associated with stormwater facilities, there are no impact associated with single-family recreation facilities, there are no permanent wetland or stream fills proposed within the floodway/floodplain, the stream classification for this project is WS -IV, NSW (i.e. not Outstanding Resource Waters, High Quality Waters, Coastal Wetlands or wetland adjacent to these waters) and riprap stabilization is not anticipated. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion Control plans will be developed in accordance with Wake County standards and specifications and in accordance with all applicable local, federal and state permits and regulations. These plans will be reviewed by the Wake County to ensure compliance with regulations. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State El Yes No 2a. Does the project require Compensatory Mitigation for * Permanent impacts -to streams are below 150 linear feet impacts to Waters of the U.S. or Waters of the State? and perennial/important channels have been avoided. All wetlands have been avoided. 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Quantity: Page 8 of 13 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: 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: 0 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 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. 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 9 of 13 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: Per the project engineer. • The Stormwater Management Plan (SMP), which includes diffuse flow measures, will be submitted to Wake County for review ® Yes ❑ No and anticipated approval. This SMP includes level spreaders that will make sheet flow going through the buffers and the stormwater should not concentrate until it is received by the stream. Once approved by the County, the Applicant will provide a copy of the plan and Approval to the Division for their files. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 17 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 management plan (SMP) will include Dry Detention Ponds and level spreaders. The SMP is currently in for review by Wake County. Copies of the Drainage Delineation Maps (4 & 4A) have been provided, along with the Stormwater Design Report, Construction Plans with details and the O&M Manual on data CD. The applicant requests that a conditional 401 Approval be considered allowing the SMP and its Approval by Wake County be submitted to the Division once received from Wake County. ® 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? ` Wake County ® Phase II 3b. Which of the following locally -implemented stormwater management programs ® NSW ❑ 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 ❑Yes ❑ No attached? Page 10 of 13 PCN Form —Version 1.3 December 10, 2008 Version 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 11 of 13 F. Supplementary Information 1. .Environmental Documentation (DWQ Requirement) la. 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)? 1c. 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 ❑ Yes ❑ No letter.) 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, 'including projects such as urban in -rill, most residential subdivisions and small commercial developments as well as.agricultural and silvicultural operations. The Camberly project is a residential development. Additionally, the project is located within Wake County's jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow" requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved, and 2) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers, and finally 3) the Phase 11 NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 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. . Individual Septic systems Page 1.2 of 13 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? The NC -Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within 1 mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally Threatened/Endangered within 1 mile of the project boundaries. Please note the Final 4(d) rule identifies the Northern Long-eared Bat as a Threatened species within Wake County. References: North Carolina Natural Heritage Program Data Explorer Search [February 4, 2016]. Department of Environment and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC. http://www,ncnhp.org/ 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? The NOAH Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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? The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on November 23, 2015; no historic structures were identified within the property boundaries. Additionally, no structures were identified while onsite evaluating wetlands. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Per project engineer, there is a "1% annual FEMA flood limit zone" and a "0.2 % annual FEMA flood limit zone'; though neither area will be disturbed nor no lots will encroach into these areas. 8c. What source(s) did you use to make the floodplain determination? Project engineer & the NC Floodplain Mapping Program Deborah E. Shirley Ll l Lyt Aril 8, 2016 P Applicant/Agent's Signature ApplicanUAgent's Printed Name (Agent's signature is valid only if an authorization letter from the appli nt Date is provided.) Page 13 of 13 Soil & Environmental Consultants, PSA %Ell_ I -A- of %tint KnJ. Mre.' 114. ka1tt4k M:1,1/.l G • 1Mtnnt- f /19 AM, ;4, 11 • for t')i•)• iNlr'1N�' PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project NamtJoescri ion: AM2 j;� a , w. _-_ S&EC Project Date: Thr Department of the Arty U.S. Army Corps of Engineers. Wilmington District 69 Darlington Avenue Wilmington. NC 28403 Attn: AO-P,5Lti4:3,t,Field Ofiiae: 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) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigatlions 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. This document also authorizes S&EC, as my agent, to act on my behalf and take all anions necessary for the processing, issuance and acceptance of a permit or oertlkstion and any and all associated standard and special conditions.Thls nodf cation supersedes any previous correspondence conoeming the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government offkmis W enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior tD visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): Q Z l // `-! Z6 i,c.. _ Site Address: City. County. Stets: e -t .r -C.. PROPERTY V1 N A; - C-51.�� �I►�tozar.�lr•,-.Qs�'T ZL•4u` _� __.____ —.-_ OLD IC r>iL 'a 01 C. a►? sots _JQ[r4P1 anata Deveropment LLC We hereby certify the above informabon submitted in this application Is true' and accurate to the best of our knowledge. U.S. ARMY CORPS OF ENGINEERS COPY WILMINGTON DISTRICT Action Id. SAW -2014-01957 County: Wake U.S.G.S. Quad: NC -WAKE FOREST Property Owner: Address: Telephone Number: NOTIFICATION OF JURISDICTIONAL DETERMINATION Cama Kanata Development, LLC Michael Jordan 933 Old Knight Rd. Knightdale , NC, 27545 Size (acres) 113 Nearest Waterway Mud Branch USGS HUC 03020201 Location description: Indicate Which of the Following Apply: A. Preliminary Determination Nearest Town Wake Forest River Basin Wmer Neuse Coordinates Latitude: 35.9874812257963 Longitude: -78.5714526951569 Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part331). If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination 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. X There are waters of the U.S. including wetlands on the above described property 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. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on October 28, 2015. Unless there is a change in the law or our Page 1 of 2 published regulations, this detennination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this detennination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal, Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of 'the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact ,Daanes )Lastinger at 919-554-4894 02 or James.C.Lastinger@usace.army.mil. i9. C. Basis For Determination: Stream channels on site exhibit an established 0HWM. Wetlands on site meet the three criteria as. described in the Corps 1987 wetland delineation manual and appropriate regional sut➢plemenL D. Remarks* A site visit was conducted on -10/8/14 to verify extent of jurisdictional features on site° 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/defermination 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 I nfformation (')Phis information applies only to approved jurisdictional determinations as indicated in B. 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 1OM15 Atlanta, Georgia 30303-8801 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 December 28, 2015. "It is not necessary to submit an RFA form to the Division Office if you do not object to the detennination in this correspondence. Corps Regulatory Official; Date: October 28,201t -Expiration Date: October 28, 2020 MCDENR North Carolina Department of Environment and Natural Reso rces i Pat McCrory John E. Skvarla, III Governor Secretary October 17, 2014 S&EC Stephen Ball 8412 Falls of the Neuse Suite 104 Raleigh, NC 27615 Subject: Surface Water Determination NBRRO# 14-359 Wake County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B.0233) Start@ Stop@ Soil Survey 0 Ephemeral/intermittent/Perennial Determination El Tar -Pamlico (15A NCAC 2B .0259) ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 2B .0267) P Project Name: Location/Directions: Subject Stream: 12936 CamD Kanata Rd Property is located at 12936 Camp Kanata Rd M ud Branch Determination Date: October 6, 2034 Staff: James Graham Feature/Flag Not Subject To Buffers Subject To Buffers E/f/P* Start@ Stop@ Soil Survey USGS Topo A X P throughout X X B x vP S06,S05 X C x t S02 X D X P X E X E X F X P X X Z** X P *E/t/P - Ephemeral/Intefmittent/Perennial * *Feature was not depicted on the Wake County Soil Survey or USGS maps; feature is therefore not subject to Neuse River Riparian Buffer Rules; Feature Z is a perennial channel and may be subject to 404/401 permitting. None Carolina tMAMY North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Internet: www-ncwaterQuality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 An Equal OpportunitylAffinnabve Action Employer - 5011/6 Recycledll0% Post Consumer Paper 12936 Camp Kanata Rd Wake County October 17, 2014 Page 2 of 2 Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). Thison-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact James Graham at (919) 791-4256. Rgspectfully, i J Danny Smi , Supervisor Water Quality Section Raleigh Regional Office cc: RRO/SWP File Copy A I ."A -10� 11 1 1 A d- - sr�c ARG w VR!� r -W4 tit..$ i L.. - 4,1.4"=35 ek— fa a lk . 01 a •1 f I rte- � ,�^- „mss+„� `+�"�, ti J O 1.7 0 IMPACTED AREAS: _ BUFFER - PERMANENT: ZONE 1 = 7,230 SF ZONE 2 = 3,662 SF WETLAND = 0 SF STREAM o!, PERENNIAL - PERMANENT = 0 LF (0.00 ACRES) PERENNIAL - TEMPORARY = 0 LF (0.00 ACRES) INTERMITTANT - PERMANENT = 148.6 LF(0.011 AC INTERMITTANT - TEMPORARY = 0 LF(0.000 ACRES) TOTAL = 10,892 SF OF BUFFER & 148.6 LF OF STREAM w� 0 OWE GRAPHIC SCALE Developer / Applicant: Camp Kanata Development LLC wPrepared by « 1-h = 72e John W. Harris, P.E. Consulting Engineer ----- INTERMITTENT STREAM PER C LEGEND FZOOD 1RINDOd AREA L'"' IAM FL'"'—' PROPOSED BMP LEVEL SPREADER PERSNNfAL ^W � "U car CF'°�ua x W 0z� 0 0° ti U biJ _ ----------- J' SHEE IN6 IOVERALL SITE PLAN ................................. 1 EXISTING CONDITIONS .............................. 2 IlNPACT EXHIBIT(] 1 X17) .......................... 3 tNTERMITTANT I / 1 ■ ,•.`�� r ' : l ,,,.III / STREAMTOP OF 1 PERMANENT , ' 1 IMPACT AREA 1 �'\ �� 1 , '��� ♦ BANK Pipe 6 GRAPHIC SCALE PLAN & PROFILE VIEW 50 0 25 50 100 200 IN FEET) W �� . #/ + ., ri'' + , * ♦ / . 1 = S �3 _ 1 inch = 50 ft. J J /�J' ' : ♦I '�• `\ ////'//••. ••�,,``` MAGNETIC i \ \ 1 m CU J jt / i ■ . 1 1 �� ` � \ /111111111111 ^ w � � s .i0c. PA�TrJAREJ` ♦ RI ! ELEV:356.43 XIS ING 1 / / p U 10' LON-r, v INTI OUT=343.14 ` CEA TER DISSIPATOR USEi "�� _ - l , 1 ` p� 13 �\ LIN GR DE j - CLASS B STONE ,�, ■ --i/ V �; ��� v.� OPEN SPACE i ~! \�`. \\ ` \ `1 ELEV = 360.674— \I PRORA E / / - / �` EXIS TI G 2 ' a 36 TUR - (9) /. 360 STR z o a C I S RUC RE (27)W IMPACTED AREAS: I IN RIM 353.9 // R M = 361.7 ° ¢ m - x GRADE BUFFER - PERMANENT: INV OUT 350.04 l / I INV OUr= 53.28 3 �GRADE 380 ZONE 1 = 7,230 SF r-PROPOSIED l / ZONE 2 = 3,662 SF STREAM D // INTERMITTANT - PERMANENT = 148.6 LF (o.o> > ACRES) 1 TOTAL = 10,892 SF OF BUFFER & 148.6 LF OF STREAM STR CTUR 8 / I iso - RIM_ -35( ) - --J--- IN� IN34 80 54' NG 4" R P INV OUT 34 59 I I 1 I W/ F S® 0.29% u' A x t 35 - _ • 350 345- • IN�iN10; W O M94,• �• _ ••x••J N I INV TOUT 354. 012 4_4 v. mpz :a 4;'ion /r �cr - - - - -- -- - - - --- . ss . osau--P E 1 $ iHv ar`- saa I03 I 0 1 �g8gR��ooN�g�$n$W PIPE 11 PIPE _12 I III / j 8 LO 24" RCP C1 42' LONC_f8w_- - 101 •.ONG 4..- RSP- - t -- I - -- - ��, U INV IN .28 W FES ® 0-55% w 0.53% I OUT = 3 3 1.90 INV IN - 350.5 1N 3.49. O - I _ INV OUT 350. 0 -- - INV OUT 349. 5 - GRAPHIC SCALEI s RUCTURE - (26 f-� CROSS-SECTIONAL VIEW 3 4 _ 100 0 50 100 200 400 I I I 340.48 PE 1 I OUT = 43.14 34 4 NG 48" RC j 340 W/ ES G 0.55 ( IN FEET) NV TN 343.3 = 343.1 1 inch = 100 ft. j LEGEND D IMPACT AREA ZONE 2 OPEN SPACE � IMPACT AREA ZONE 1 •-•----------•-••-• NEUSE RIPERIANBUFFER (ZONE 2) w PERMANENT STREAM ........ ....................... NEUSE RIPERIAN IMPACTMENT BUFFER (ZONE 1) LIMITS OF DISTURBANCE GRAPHIC SCALE PLAN & PROFILE VIEW 50 0 25 50 100 200 IN FEET) W �� . #/ + ., ri'' + , * ♦ / . 1 = S �3 _ 1 inch = 50 ft. J J /�J' ' : ♦I '�• `\ ////'//••. ••�,,``` MAGNETIC i \ \ 1 m CU J jt / i ■ . 1 1 �� ` � \ /111111111111 ^ w � � s .i0c. PA�TrJAREJ` ♦ RI ! ELEV:356.43 XIS ING 1 / / p U 10' LON-r, v INTI OUT=343.14 ` CEA TER DISSIPATOR USEi "�� _ - l , 1 ` p� 13 �\ LIN GR DE j - CLASS B STONE ,�, ■ --i/ V �; ��� v.� OPEN SPACE i ~! \�`. \\ ` \ `1 ELEV = 360.674— \I PRORA E / / - / �` EXIS TI G 2 ' a 36 TUR - (9) /. 360 STR z o a C I S RUC RE (27)W IMPACTED AREAS: I IN RIM 353.9 // R M = 361.7 ° ¢ m - x GRADE BUFFER - PERMANENT: INV OUT 350.04 l / I INV OUr= 53.28 3 �GRADE 380 ZONE 1 = 7,230 SF r-PROPOSIED l / ZONE 2 = 3,662 SF STREAM D // INTERMITTANT - PERMANENT = 148.6 LF (o.o> > ACRES) 1 TOTAL = 10,892 SF OF BUFFER & 148.6 LF OF STREAM STR CTUR 8 / I iso - RIM_ -35( ) - --J--- IN� IN34 80 54' NG 4" R P INV OUT 34 59 I I 1 I W/ F S® 0.29% u' A x t 35 - _ • 350 345- • IN�iN10; W O M94,• �• _ ••x••J N I INV TOUT 354. 012 4_4 v. mpz :a 4;'ion /r �cr - - - - -- -- - - - --- . ss . osau--P E 1 $ iHv ar`- saa I03 I 0 1 �g8gR��ooN�g�$n$W PIPE 11 PIPE _12 I III / j 8 LO 24" RCP C1 42' LONC_f8w_- - 101 •.ONG 4..- RSP- - t -- I - -- - ��, U INV IN .28 W FES ® 0-55% w 0.53% I OUT = 3 3 1.90 INV IN - 350.5 1N 3.49. O - I _ INV OUT 350. 0 -- - INV OUT 349. 5 - GRAPHIC SCALEI s RUCTURE - (26 f-� CROSS-SECTIONAL VIEW 3 4 _ 100 0 50 100 200 400 I I I 340.48 PE 1 I OUT = 43.14 34 4 NG 48" RC j 340 W/ ES G 0.55 ( IN FEET) NV TN 343.3 = 343.1 1 inch = 100 ft. j � w m E U a. �U Q� x 3 U = .c GRAPHIC SCALE PLAN & PROFILE VIEW 50 0 25 50 100 200 IN FEET) W �� . #/ + ., ri'' + , * ♦ / . 1 = S �3 _ 1 inch = 50 ft. J J /�J' ' : ♦I '�• `\ ////'//••. ••�,,``` MAGNETIC i \ \ 1 m CU J jt / i ■ . 1 1 �� ` � \ /111111111111 ^ w � � s .i0c. PA�TrJAREJ` ♦ RI ! ELEV:356.43 XIS ING 1 / / p U 10' LON-r, v INTI OUT=343.14 ` CEA TER DISSIPATOR USEi "�� _ - l , 1 ` p� 13 �\ LIN GR DE j - CLASS B STONE ,�, ■ --i/ V �; ��� v.� OPEN SPACE i ~! \�`. \\ ` \ `1 ELEV = 360.674— \I PRORA E / / - / �` EXIS TI G 2 ' a 36 TUR - (9) /. 360 STR z o a C I S RUC RE (27)W IMPACTED AREAS: I IN RIM 353.9 // R M = 361.7 ° ¢ m - x GRADE BUFFER - PERMANENT: INV OUT 350.04 l / I INV OUr= 53.28 3 �GRADE 380 ZONE 1 = 7,230 SF r-PROPOSIED l / ZONE 2 = 3,662 SF STREAM D // INTERMITTANT - PERMANENT = 148.6 LF (o.o> > ACRES) 1 TOTAL = 10,892 SF OF BUFFER & 148.6 LF OF STREAM STR CTUR 8 / I iso - RIM_ -35( ) - --J--- IN� IN34 80 54' NG 4" R P INV OUT 34 59 I I 1 I W/ F S® 0.29% u' A x t 35 - _ • 350 345- • IN�iN10; W O M94,• �• _ ••x••J N I INV TOUT 354. 012 4_4 v. mpz :a 4;'ion /r �cr - - - - -- -- - - - --- . ss . osau--P E 1 $ iHv ar`- saa I03 I 0 1 �g8gR��ooN�g�$n$W PIPE 11 PIPE _12 I III / j 8 LO 24" RCP C1 42' LONC_f8w_- - 101 •.ONG 4..- RSP- - t -- I - -- - ��, U INV IN .28 W FES ® 0-55% w 0.53% I OUT = 3 3 1.90 INV IN - 350.5 1N 3.49. O - I _ INV OUT 350. 0 -- - INV OUT 349. 5 - GRAPHIC SCALEI s RUCTURE - (26 f-� CROSS-SECTIONAL VIEW 3 4 _ 100 0 50 100 200 400 I I I 340.48 PE 1 I OUT = 43.14 34 4 NG 48" RC j 340 W/ ES G 0.55 ( IN FEET) NV TN 343.3 = 343.1 1 inch = 100 ft. j