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HomeMy WebLinkAbout20061146 Ver 7_Application_20160708■■ Wikh+ersRavenel NoOur People. Your Success. July 7, 2016 US Army Corps of Engineers Regulatory Field Office Ms. Tasha Alexander 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC -Division of Water Resources 401 & Buffer Permitting Unit Ms. Karen Higgins 1617 Mail Service Center Raleigh, North Carolina 27699 Re: The Station - Morrisville, Wake County NWP 12 PCN Submittal Corps AID #SAW -2008-00725 NCDWR Proj #06-1146,Ver.3) WR Project #02140428.00 Dear Ms. Alexander and Ms. Higgins, On behalf of Morrisville Partners, LLC, we are requesting authorization from the USACE to use NWP 12 for 26 If of temporary stream impacts for construction of a utility crossing. We are also requesting a 401 WQC for 26 If of stream impacts noted above. Since the proposed stream crossing will occur to a buffered stream which is "Allowable" in the Neuse River Riparian Buffer Rules, written authorization is required from NCDWR. Please note that impacts to Neuse River Buffers will be permitted through the Town of Morrisville as a delegated municipality. The project is located at 1019 Morrisville Parkway, in the southeast quadrant of the intersection of Morrisville Pkwy and Bristol creek Drive in Morrisville, (Latitude: 35.8086°N; Longitude: -78.8218°W). The project is located in the Neuse River basin and onsite waters drain to Crabtree Creek. The Water Quality Classification for Crabtree Creek is Class C; NSW and the Stream Index Number is: 27-33-1. The cataloging unit for the site is 03020201. Proposed Project The proposed project consists of the construction of a subsurface water line which will service The Station project, which is multi -family development. The utility crossing is located on Wake Co. PIN: 0754392368 and The Station development is located on Wake Co. PIN: 0754296191. Both properties are owned by subsidiaries (Morrisville PTNR LLC, PBR Subsidiary LLC) controlled by the same Holding Company (CASTO Community Realty Holdings LLC). Standard commercial construction equipment and techniques will be used in construction of the proposed project. Project History In 2008, the Park West Village project received NWPs 14,29 & 39 (AID: SAW -2008-00725) and NCDWR 401 WQC (Prof #06-1146,Ver. 3) which authorized 125 If of stream impacts for the construction of Bristol Creek Drive (Crossing 4), which is located within The Station project area. A copy of the 404/401 permits have been provided as an appendix. The Corps of Engineers issued an approved Jurisdictional Determination (SAW -2008-00725) in conjunction with issuance of the 2008 NWPs for the Park West Village project, which included the current project area. The JD has expired, and a site review conducted by WithersRavenel confirmed that the only jurisdictional feature within the project area is an intermittent stream. A Preliminary JD Request specific to the project area associated with the water line has been provided as an Appendix, and we are requesting issuance of the Preliminary JD in conjunction with issuance of the NWP 12. 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C-0832 Cary I Greensboro Pittsboro I Raleigh I Wilmington The Station Waterline - Morrisville, Wake Co %0W i th e rS Rave n e l NWP 12 PCN o F People success. NCDWR issued a Buffer Determination Letter for the CASTO Morrisville Site (NRBO#06-1146v2) on November 19, 2007 which includes the project area for The Station development. A copy of the Buffer Determination Letter has been provided as an appendix. Additionally, the Town of Morrisville issued a Buffer Determination Letter for the Bakis Property (TOM#SD16-002) to the east, which is the property on which the stream crossing for the water line wi II occur. A copy of the Town of Morrisville Buffer Determination Letter has been provided as an Appendix. Proposed Impacts The proposed impacts consist of 26 If of temporary stream impacts for the construction of a water line crossing. Please note that the proposed water line will service The Station project, which is being constructed entirely within uplands, and there are no proposed impacts associate with the construction of The Station. Avoidance and Minimization Impacts have been limited to temporary stream impacts associated with a perpendicular water line crossing to service The Station project. Upon completion of construction of the water line crossing, the stream will be restored to pre -construction contours. Mitigation Because the proposed stream impacts are temporary, there is no mitigation proposed. Stormwater Management Plan The proposed project consists of the construction of a subsurface utility crossing which will not result in impervious surface requiring stormwater management and diffuse flow. The Stormwater Management Plan for The Station consists of a sand filter which will discharge at non-erosive rates and diffuse flow is not required. The Stormwater Management Plan and diffuse flow requirements will be reviewed and approved by the Town of Morrisville as a delegated municipality. The Stormwater Management Plan for the multi -family residential development which will be serviced by the water line consists of a sand filter. Stormwater management requirements will be reviewed and approved by the Town of Morrisville as a delegated municipality. The current request is for 26 If of temporary stream impacts. (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely WithersRavenel Troy Beasley Senior Environmental Scientist Page 2 of 3 The Station Waterline - Morrisville, Wake Co NWP 12 PCN Attachments: • PCN Form • Agent Authorization • Delineation Exhibit %0 WithersRav+enel Our Peopte )'our Success. • USGS Quad • Wake County Soil Survey • NWPs for Park West Village • 401 WQC for Park West Village • NCDWR Buffer Determination Letter • Town of Morrisville Buffer Determination Letter for Bakis Property • NCNHP T&E Project Review Letter • USACE Preliminary Jurisdictional Determination Request • Impact Exhibits Page 3 of 3 rq�0F W A Tom,, q 0 Niii� -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: The Station 2b. County: Wake 2c. Nearest municipality / town: Morrisville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Morrisville Partners, LLC 3b. Deed Book and Page No. Book: 013227; Page: 00305 3c. Responsible Party (for LLC if applicable): CASTO Community Realty Holdings LLC 3d. Street address: 250 Civic Center Drive Suite 500 3e. City, state, zip: Columbus, OH, 43215-5088 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Morrisville Partners, LLC — Local Office 4b. Name: Thomas Lowell 4c. Business name (if applicable): Morrisville Partners, LLC 4d. Street address: 2601 Weston Parkway, Suite 201 4e. City, state, zip: Cary, NC 27513 4f. Telephone no.: 919-467-8880 4g. Fax no.: 4h. Email address: tlowell@castoinfo.com 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): WithersRavenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910-256-9277 5f. Fax no.: 910-256-2584 5g. Email address: tbeasley@withersravenel.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): Multi -family Dwelling Site — PIN: 0754296191 Utility Crossing — PIN: 0754392368 1b. Site coordinates (in decimal degrees): Latitude: 35.807641 Longitude: - 78.822940(DD.DDDDDD) (-DD.DDDDDD) Project Area = ±13.44 acres 1c. Property size: (Includes ±13.29 acre PIN: 0754296191 and ±0.15 acre utility easement on PIN: 0754392368) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Crabtree Creek (Stream Index: 27-33-1) proposed project: 2b. Water Quality Classification of nearest receiving water: Class C; NSW 2c. River basin: Neuse River (HUC 03020201) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is primarily undeveloped woodlands with a small maintained lawn, divided by Bristol Creek Drive. The general land use in the vicinity of the project consists of residential and commercial land use. 3b. List the total estimated acreage of all existing wetlands on the property: None 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ± 843 linear feet 3d. Explain the purpose of the proposed project: Construction of a water line to service the proposed multi -family development. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists of construction of a water line, which will service The Station, which is a multi -family residential complex. The multi -family residential complex will be constructed entirely within uplands. Standard commercial constructions equipment and techniques will be used in construction of the proposed project. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn & Associates Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps of Engineers issued an approved Jurisdictional Determination (SAW -2008-00725) in conjunction with issuance of the NWPs for the Park West Village project, which included the current project area. The JD has expired, and a site review conducted by WithersRavenel confirmed that the only jurisdictional feature within the project area is an intermittent stream. A Preliminary JD Request specific to the project area associated with the water line has been provided as an Appendix, and we are requesting issuance of the Preliminary JD in conjunction with issuance of the NWP 12. NCDWR issued a Buffer Determination Letter for the CASTO Morrisville Site (NRBO#06-1146v2) on November 19, 2007 which includes the project area for The Station development. A copy of the Buffer Determination Letter has been provided as an appendix. Additionally, the Town of Morrisville issued a Buffer Determination Letter for the Bakis Property (TOM#SD16-002) to the east, which is the property on which the stream crossing for the water line will occur. A copy of the Town of Morrisville Buffer Determination Letter has been provided as an Appendix. 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. In 2008, the Park West Village project received NWPs 14, 29 & 39 (AID: SAW -2008-00725) and NCDWR 401 WQC (Prof #06-1146,Ver. 3) which authorized 125 If of stream impacts for the construction of Bristol Creek Drive (Crossing 4), which is located within The Station project area. A copy of the 404/401 permits have been provided as an appendix. However, since the proposed stream impacts for construction of the proposed water line are temporary, the cumulative impacts do not exceed NWP thresholds and the proposed temporary stream impacts are eligible for authorization under a NWP 12. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. 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 Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) Impact 1 Unnamed ❑ PER ® Corps ❑ P ® T Utility Crossing Tributary to ® INT ® DWQ 4 ft 26 If Crabtree Creek 3h. Total stream and tributary impacts 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody type Area of impact (acres) - Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑ PEI T 04 ❑ PEI T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ❑ Tar -Pamlico ❑ Other: 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) impact Stream name mitigation (square feet) (square feet) or Temporary required? T B1❑P❑T F1 Yes ❑ No B2❑P❑T ❑Yes ❑ No B3❑P❑T F1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: Proposed impacts to Neuse River Riparian Buffers will be permitted through the Town of Morrisville as the delegated municipality. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts have been limited to a perpendicular crossing for a public utility crossing. Upon completion of construction, the stream channel will be restored to re -construction contours. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into downstream waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 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 project? ❑ Payment to in -lieu fee program ❑ 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 6 of 11 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: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The proposed project consists of the construction of a subsurface water line which will not result in impervious surface requiring stormwater management and diffuse flow. Diffuse flow for the proposed multi -family development which the ❑ Yes ® No water line will service will be achieved through the use of a sand filter which will discharge at non-erosive velocities. Diffuse flow requirements for the multi -family development which will be serviced by the water line will be reviewed and approved by the Town of Morrisville as a delegated municipality. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed project consists of construction of a subsurface water line and stormwater management is not required. The Stormwater Management Plan for the multi -family residential development which will be serviced by the water line consists of a sand filter. Stormwater management requirements will be reviewed and approved by the Town of Morrisville as a delegated municipality. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The Stormwater Management Plan for the multi -family residential development which will be serviced by the water line consists of a sand filter. Stormwater management requirements will be reviewed and approved by the Town of Morrisville as a delegated municipality. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Morrisville ® 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: Page 8of11 PCN Form — Version 1.3 December 10, 2008 Version 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ 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. 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. Sewage will be conveyed via sanitary sewer and ultimately treated by the Town of Cary. Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? WR reviewed the NC Natural Heritage Program database, located at http://www.ncnhp.org/web/nhp/home to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. Site reviews did not identify any potential habitat for any federally protected species known to occur in Wake County, except for the Northern Long Eared Bat. Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used for roosting during the day. Since the entire project area consists of mature forest over 3" DBH, there is potential northern long eared bat habitat present. The USFWS Final 4(d) rule for the Northern Long -Eared bat specifies that tree removal within the White Nose Syndrome (WNS) Zone is not prohibited as long as it occurs more than 0.25 miles from known hibernacula and does not result in destroying known occupied maternity roost trees, or any other trees within a 150 ft - radius from the maternity tree, during the pup season (June 1 — July 31). The proposed project is not located within 0.25 miles of any known hibernacula, nor is there any known maternity roost trees present on the project. Therefore, WR concludes that the project "may affect, but is not likely to adversely affect" the northern long-eared bat. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters classified as EFH in Wake County. 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? WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. 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: 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version Troy Beasley — WithersRavenel 07/06/16 Authorized Agent Applicant/Agent's Signature Date Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version ■■ WithersRavenel lipOur People. Your Success. AGENT AUTHORIZATION FORM WithersRavenel _,6 ® Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner Morrisville Partners. LLC (Client) does hereby appoint WithersRavenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for The Station project, consisting of±13.29 acres located at 1019 Morrisville Parkway, Morrisville. NC (PIN:0754296191). The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date:wz---5� 62 Signature of Client: ThoIL9411, Directgrgfpqnstruction & Development m -P i (Title) (Signature) By: Casto Sou east Realty Services, LLC Agent for Owners 2601 Weston Parkway. Suite 201 Mailing Address Cary NC 27513 City State Zip Phone: (919) 467-8880 Email: tlowell@castoinfo.com ".- �'. . _ t P`:�::� 1�. 5'1 . ;r �i _ �. �_rt i=iii_, t rI Lc�,m [irrris, 1, z , ,�._. t ,,i i� (,r �_, i _ f_�_i �. � I it.tt L�_�i z_. [�. lt.i,•h � �. -1ui`i ; t�.n i :1 WithersRavenel Our People. Your Success. PROPERTY INFO Page 2 of 9 GRAPHIC SCALE 0 100 200 1 inch = 200 ft. ,-PROPOSED UTILITY EASEMENT PIN:0754296191 THE STATION MORRISVILLE PTNR LLC PROJECT SITE 250 CIVIC CENTER DR STE 500 COLUMBUS, OH 43215-5088 PIN: 0754392368 PBR SUBSIDIARY LLC 250 CIVIC CENTER DR STE 500 COLUMBUS, OH 43215-5088 ETHE STATION PROPERTY OWNER EXHIBIT 11 WithersRavenel Engineers I Planners I Surveyors CARY WAKE COUNTY NORTH CAROLINA + jCjge �. 3� U y m o @ O 0CL w � to 49 4 � C r eenan trt yes Glen t e� O� cEe t eG 1 �eQthn V13'� I V PIN: 0754296191 PIN Ext: 000 BM2008 -01240 Heat Area: 0 Real Estate ID: 0371374 Site Address: 1019 MORRISVILLE PKWY Map Name: 0754 01 City: MORRISVILLE Owner: MORRISVILLE PTNR LLC Township: Cedar Fork Mail Address 1: CASTO Year Built: 0 Mail Address 2: 250 CIVIC CENTER DR STE Sale Price: $0 0 220 440 880 ft 500 Sale Date: I i i i I i i i Mail Address 3: COLUMBUS OH 43215-5088 Use Type: 1 inch — 400 feet Deed Book: 013227 Design Style: Deed Page: 00305 Land Class: VACANT Deed Date: 08/28/2008 Old Parcel Number: -- Deed Acres: 13.29 Building Value: $0 Disclaimer Land Value: $3,258,117 iMaps makes every effort to produce and publish Total Value: $3,258,117 the most current and accurate information possible. Billing Class: Business However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied, Description: L02 DILLARD PAPER COMPANY are provided for the data therein, its use,or its interpretation. I V PIN: 0754392368 PIN Ext: 000 TECHNOLIGIES BM1999 -00513 Heat Area: 13280 Real Estate ID: 0157600 Site Address: 1017 MORRISVILLE PKWY Map Name: 0754 01 City: MORRISVILLE Owner: PBR SUBSIDIARY LLC Township: CEDAR FORK Mail Address 1: 250 CIVIC CENTER DR STE Year Built: 1988 500 Sale Price: $2,400,000 0 220 440 880 ft Mail Address 2: COLUMBUS OH 43215-5088 Sale Date: 04/15/2016 1 i i i 1 Mail Address 3: Use Type: WAREHSE 1 inch = 400 feet Deed Book: 016353 Design Style: Conventional Deed Page: 02355 Land Class: COMM Deed Date: 04/15/2016 Old Parcel Number: 487-00000-0107 Deed Acres: 3.35 Building Value: $961,498 Disclaimer Land Value: $592,460 iMaps makes every effort to produce and publish Total Value: $1,553,958 the most current and accurate information possible. Billing Class: Business However, the maps are produced for information purposes, and are NOTsurveys. No warranties, expressed orimplied, Description: RCMB APPLIED CONTROL are provided for the data therein, its use,or its interpretation. :1 WithersRavenel Our People. Your Success. DELINEATION EXHIBIT Page 3 of 11 GRAPHIC SCALE - 0 100 200 V 1 inch = 200 ft. - T i o IP l t i I t �M _ f a - O d + NOTES: 1) STREAM DEPICTED REPRESENTS SURVEYED CHANNEL. 2) THERE ARE NO WETLANDS WITHIN THE SUBJECT PROPERTY. ETHE STATION WETLAND DELINEATION EXHIBIT 10 WithersRavenet CARY WAKE COUNTY NORTH CAROLINA I Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. USGS QUAD & WAKE CO. SOIL SURVEY Page 3 of 9 GP LE nn0RRISv�Li BLVD ONCS R�-EK� ..RD MORRIS, V LLE PKWY I Qj a X Coles Br C�Np BLUFF W,qy —3 p0 I/ --TOwFR�I Fes, Ston 3 /� THE STATION USGS QUAD (2013) - CARY WithersRavenel Engineers I Planners I Surveyors GARY WAKE COUNTY NORTH CAROLINA GRAPHIC SCALE 0 100 200 1 inch = 200 ft. ,f THE STATION USGS QUAD (2013) - CARY WithersRavenet Engineers I Planners I Surveyors CARY WAKE COUNTY NORTH CAROLINA GRAPHIC SCALE s i t i 0 100 200 4 1 inch = 200 ft. r wsf' } THE STATIONI I WAKE CO. SOIL SURVEY - SHEET 46 III to WithersRavenet Engineers I Planners I Surveyors 11CARY WAKE COUNTY NORTH CAROLINA ::WithersRavenel Our People. Your Success. NWPs FOR PARK WEST VILLAGE Page 4 of 9 ftp , ( e -- U.S. ARMY CORPS OF ENGINEERS RECEIVED WILMINGTON DISTRICT MAR 1. 7 2008 Action ID. -200800725 County: Wake USGS Quad: Cary, NC GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Morrisville Partners Address: Attn: Tomas Lovvell, Casto Lifestyle Properties 9705 Chapel Hill Rtl Morrisville, NC 27560 Telephone No.: 919-336-8279 Size and location of property (water body, road name/number, town, etc.): The Park West Village site is 119 acres of land located on the southeast corner of NW Cary Parkway and Highway 54, (Chapel Hill Rd), in Morrisville, Wake County, North Carolina. Aquatic features on site drain to Coles Branch and Crabtree Creek, which flow into the Neuse River. Description of projects area and activity: This permit authorizes the placement of fill material into 125 if of important intermittent stream channel, 134 If of important perrenial stream channel and 185 If of unimportant intermitten stream channel due to construction of culverts and headwalls at four road crossing locations within the development. This permit additionally authorizes temporary im }acts to a total of 35 If of stream channel due to the road crossings. Mitigation, at a 2:1 ratio is required for the permanent ima pct to the important intermittent and perrenial stream channels a total of 259 If inr pact see Permit Condition below_ . Applicable Law: 0 Section 404 (Clean Water Act, 33 USC 1344) '❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Pen -nit Number: Nationwide Permit Number: 14, 29 and 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation froin your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that tile activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to detennine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Mr. Jamie Shern. Permit Condition: In order to compensate for impacts to 259 linear feet of waren water stream, the permittee shall make payment to the Forest Creek Mitigation Bank in the amount determined by the Forrest Creek Mitigation Bank, sufficient to perform the restoration of 518 linear feet of warm water streann in the Neuse River Basin, Cataloging Unit 03020201 Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the Forrest Creek Mitigation Bank and provided a copy of the payment documentation to the Corps, and the Forrest Creek Mitigation Bank has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required. Page 1 of 2 *'' 1` ota: Habitat typo may ba dasarit ed as found in 9 cha falx an d Weak la3l, Class iftoitian a Id a 1` atural Communities a81`orth Caralim, Third Appramimatic n, 1994; or in accordance Mitt Comiardin, etal (1919), Classifkitic n of Watlands and DocpmiatorFla bitatseftha oftha L nited 9totasI I n Qorhs llegulataril Clffiaisl: .ramie Sherr Ilato: March 7, 3008 Expiration fiete oil VQ rificatio n: Mai -67,2010 Tha Wihnin8 ton lliatrict is acmniitted to providing tt e t ighast level otlsul l ort to the public. To t elll us ensura wia aantii Lie to da so, plaasa comrbitc the attaahedcustomei SathtctionSur, ieyarmisithtt ://wviw.saNii.usace.arm .mil/WETLANDS/index.html to ( amil lcte the slir)icy aIII ilia. Page 2 4 11 dopy Furnivlit d: Niimley-Horn and Alssociates plttn: Ahad Evanhousc, PWS Q 4 1 Wlcston Parkway, Clam, NCI 17913 919-677-211 1 Pap 3 4 f I Dilermin-, lion c it Jui isdidlion: ❑ Based on prelininarl infomnotion, there all pear to 1 e aiatars a Athe US inaluding wetlands within tl e abode described I rc jeat aro a. This preliminal-{ datarninaticn is nat an apllcalabla action undor the Regulatory Pncgrain /Idministratine Alpllaal I rccass (Relloranae AI CHR 11 art 111). ❑ Thori ane Navigable Watars apthe united States xmithin tle abo,ie daacribod projul t araa subjacttc tha permit requirements a Section 10 aAtha Wicra and Hanbors Aat and Sactian 444 oil the Cllean Water Aat. Unlass tl ere is a chant c in the lava or our put lisl ed ra gule tions, thin da tc retina tion ma)l ba relic d up a n Am a pe ria d not to a xa c a d five ya a ra f •a in the date a f this notific ation. ® Tl era ane waters oil the U c and/on vietlards within d e a bode da saribi d pnojaet ama subject to the porn it requi:muctits oil I c i tion 404 oftha (Ilcan Water A( t (CWPQ(I I U I C t 1144). Unlass thare h a change in d a law an our published negulatians, this Beta retina tion ma51 be re lied ull c n ilor a pE Had mit to a xa ea cl five years 0-a in tha date o p thin notiflc atio r . ❑ Tho juri:idiatic naI areas within the at ova described prej act area ha`ie 1 car idantifN(I under a pnemious attic r . Plaase rafervea jurisdictional detarmination issued . Action III Basis oilluri dictions1Ileta Clorllls Aeg ula tc ry Clffla ial: ❑ata Manah 1, 20d 8 SURVEY PLAI79, 111I911L] SKHTCIH, WIH"11IIANI7 ❑HLINHA'1IC1N FORMS, PROIB(IT PLIAI` S, E11C., MUS -11 HH ATIA(IHEI] TO TF E FILE CIOPN CIH THIS FORM, IF RECIL. IREFI Ori AN .64LAHLFI. (W fly Furnished: Kimlell-Fern and A�: aaiatc Allo: ClhM Fvent ausc, PWS 3001 WIc: tan Parkwa�l, Cary, I` C 211911 919-677-2121 Pago 4 al I t:\pn\U t281 wou Casto-Parkwest\Permittmg\FIGURES\Overview_Site Plan docT:\pn\012811000 Casto-Parkwest\Permitting\FIGURES\Overview_Site Prepared by Gin k Plan doc �t N YY 1' Crossing 4 (Buffer Impact: Allowable) S3 F9 J - +Cemetacy fif on Road Crossing Impact S2 �' a' ff (Buffer Impact: Allowable With Mitigation) ��xj f �Y S1 Greenway Buffer Impac 71 (Buffer Impact: Allowable) Q F ,�' Crossing 1 - f �i►� (Buffer Impact: Allowable With Mitigation) Crossing 3+�.• (Buffer Impact: Allowable) Crossing (Buffer Impact: Allowable) Riparian Buffer Impact (Buffer Impact: Allowable Stormwater Dissipater) f i 3 .5!_i 700 Title Site Plan and Impacts Overview Park West Village Prepared For: Project Cary, North Carolina CASTO Lifestyles Wake County Properties Date Project Number Figure 2/4/08 012811000 4 t:\pn\U t281 wou Casto-Parkwest\Permittmg\FIGURES\Overview_Site Plan docT:\pn\012811000 Casto-Parkwest\Permitting\FIGURES\Overview_Site Prepared by Gin k Plan doc S2 F %! 0 50 100 I � r_ _s cr©s,,... ■...., f GGL Legend Temporary Stream Impacts Stream Impact Areas Area of Impact _Zone 1 Area of Impact—Zone 2 Property Boundary r" i /,/ % /fir • � �,. tee Dissip ter a pS Crossing 2 Stream (S2) Perennial/Important Stream Impacts 67 Linear Feet Temporary Stream Impacts 0.0009 acres Riparian Buffer Impacts (Square Feet) Zone 1 6,226 Zone 2 6,185 Title: Close Up 2 Prepared By: Project: Park West Village Cary, North Carolina CASTO Lifestyles Wake County - Properties date J Project Number Figure Number 1/30/08 I 012811000 7 Crossing 4 no S3 •�_anon_ 0 50 100 I I I Feet Legend _ Temporary Stream Impacts _ Stream Impact Areas Area of Impact—Zone 1 Area of Impact _Zone 2 QProperty Boundary NA I I 00,OR Not Nowa Mw���� , I �i 00 to 1 . 40 .,rowl on#** fir LO 0040 00 I doe "IN E low .mssNo—"vwe *Note: No Dissipaters Proposed Crossing 4 Stream (S3) Intermittent/Important Permanent Stream Impacts 125 Linear.Feet (0.0108 acres) Temporary Stream Impacts 10 Linear Feet (0.0008 acres) Riparian Buffer Impacts (Square Feet) Zone 1 6,917 Zone 2 3,851 Title: Close Up 4 Prepared By: Project: Park West Village CASTO Lifestyles Cary, North Carolina Properties Wake County Date Project Number Figure Number 1130108 1 012811000 9 ::WithersRavenel Our People. Your Success. 401 WQC FOR PARK WEST VILLAGE Page 5 of 9 OF WATF9 Michael F. Easley, Governor � ii William G. Ross Jr., Secretary Ir V w �✓` North Carolina Department of Environment and Natural Resources > tr `Mia ..ear b Y Coleco H. Sullins, Director ".c„y Division of Water Quality July 24, 2008 DWQ Project # 06-1146, Ver. 3 Wake County Morrisville Partners c/o Mr. Tomas Lowell, Casto Lifestyle Properties 9705 Chapel Hill Road Morrisville, NC 27560 Subject Property: Park West Village Coles Branch [030402, 27-33-3, C, NSW] Approval of 401 Water Quality Certification, Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233), and Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] with Additional Conditions Dear Mr. Lowell: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 149 linear feet of perennial stream (134 linear feet permanent impact and 15 linear feet temporary impact), 330 linear feet of intermittent stream (3 10 linear feet permanent impact and 20 linear feet temporary impact) and 32,457 square feet of Zone 1 Neuse River basin protected riparian buffers and 24,996 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your application dated June 25, 2008, and received by the Division of Water Quality (DWQ) on June 27, 2008, with additional information received February 12, 2008, and June 9, 2008, to construct the proposed residential and retail development at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704) and 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW 14, NW29 and N W39 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. Additionally, this letter shall act as your Minor Variance authorization as described within 15A NCAC 2B .0233(9)(b). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non -discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone. 919-733-1786 / FAX 919-733-6893 / Intemer. him 1/h2o.eiir.state,ne.us/ncwetlwids An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10°/ Post Consumer Paper N''o��`* hCarolma ,waturrrlly Morrisville Partners Page 2 of 5 July 24, 2008 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Type of Impact Amount Approved (Units) n or Reference Stream - perennial 149 [(linear feet) 134 linear feetof 14 permanent impact and 15 linear fee temporary impact) Stream - intermittent 330 [(linear feet) 310 linear feetof 14 7Correspondence permanent impact and 20 linear fe temporary impact] Buffers Zone 1 32,457 (square ft.) Correspondence received 6/9/2008 Buffers Zone 2 24,996 (square ft.) ce received 6/9/2008 2. No Zone 1 Impacts No impacts(except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone I, unless otherwise approved by the DWQ. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 5. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; Morrisville Partners Page 3 of 5 July 24, 2008 6. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, and waters in order to assure compliance for future wetland or water impacts. These mechanisms shall be put in place at the time lots or properties are recorded. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/newetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Deed Restrictions Morrisville Partners (permittee) shall execute and cause to be recorded in the Wake County Register of Deeds restrictive covenants acceptable to DWQ for the purpose of maintaining the riparian buffers, as shown on the recorded plat, in their natural state in perpetuity, prior to the sale or conveyance of Park West Village in Morrisville, NC. The permittee shall enforce the terms of the restrictive covenants, and shall take no action on the subject site described in the covenants inconsistent with the terms thereof. This requirement excludes riparian areas authorized for impacts in accordance with this minor variance approval. The permittee shall provide a copy of the recorded restrictive covenants to the Division of Water Quality within 15 days of recording. 9. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at httt) //h2o enr state nc us/su/Forms Docurnents.htm. 10. The applicant must provide documentation of the Town of Morrisville's approval of the stormwater management plan for this project by providing EITHER: • A valid approval letter from the Town of Morrisville indicating that the proposed activity has an approved SMP and one copy of the approved SMP, including plan details, calculations and other supporting information, OR • A set of stormwater plan details and calculations stamped as "Approved" by the Town of Morrisville. 11. Protective Fencing Morrisville Partners Page 4 of 5 July 24, 2008 The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities; Mitigation: 12. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Buffer — Zone 1 35,040 (square feet) Neuse/03020201 Buffer — Zone 2 14,690 (square feet) Neuse/03020201 13. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act, the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233, and the Neuse Morrisville Partners Page 5 of 5 July 24, 2008 River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(6)]. If you have any questions, please telephone Ian McMillan or Amy Chapman at 919-733-1786. Sin ely, 4L Coleen H. Sullins CHSlijm Enclosures: GC 3704 and GC 3705 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Chad Evenhouse, Kimley-Horn & Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068 Filename: 061146Ver3ParkW estV illage(Wake)401 _NBR_Mi V OF W ATFR Michael F. Easley, Governor Q (r William G. Ross Jr., Secretary ^Y` 7 North Carolina Department of Environment and Natural Resources ✓w)t Coleen H. Sullins, Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 21.0500, Mr, Thomas Lowell and Morrisville Partners, have permission as outlined below to fill or otherwise impact 149 linear feet of perennial stream (134 linear feet permanent impact and 15 linear feet temporary impact), 330 linear feet of intermittent stream (3 10 linear feet permanent impact and 20 linear feet temporary impact) and 32,457 square feet of Zone I Neuse River basin protected riparian buffers and 24,996 square feet of Zone 2 Neuse River basin protected riparian buffers associated with construction of the proposed residential and retail development at the site which is located on the southeast corner of Cary Parkway and NC Highway 54, near Morrisville, in Wake County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS, COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM NC EEP NAME: Park West Village DWQ PROJECT #: 20061146, Ver. 3 LOCATION: Morrisville COUNTY Wake BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 21.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts I Mitigation 32,457 Square Feet of Zone I Buffer 35,040 Square Feet of Zone 1 Buffer F24,996 Square Feet of Zone I Buffer14 690 Square Feet of Zone I Buffer One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919)733-5205 Filename: 061146ver3Parkwestvillage(W ake)401 _NBR_Mi VEEP 0.N[[thCarolma 401 Oversight/Express Review Permitting Unit ✓V!ltUClll(y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http.//www.newaterquality.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper ::WithersRavenel Our People. Your Success. NCDWQ BUFFER DETERMINATION LETTER Page 6 of 9 Casto Lifestyle Properties Attn: Mr. Tom Lowell 401 N. Cattleman Road, Ste. 108 Sarasota, FL 34232 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 19, 2007 Subject Property: Casto Morrisville Site Coleen H. Sullins, Director Division of Water Quality DWQ EXP# 06-1146v2 Wake County On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B .0233) -EXPRESS REVIEW PROGRAM On November 13, 2007, at the request of Chad Evenhouse of Kimley-Horn & Associates, an on-site determination was conducted to review one stream feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "A" on the attached map, initialed by Lia Myott on November 19, 2007. The Division of Water Quality (DWQ) has determined that the following: Feature "A" is subject to the Neuse Buffer Rule on the property. It was determined to be an intermittent stream. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules of the stream features listed above and does not approve any activity within the buffers or address features that were not observed during the site visit. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any questions, please contact Lia Myott at 919.733.9502. Sincerely, or -"4 1(<�4 Coleen H. Sullins, Director CHS/cbk/lem Attachments: NRCS Soil Survey Map, USGS Topo Quad Map cc: Lauren Witherspoon, DWQ Raleigh Regional Office File Copy Central Files Chad Evenhouse, Kimley-Horn & Associates, Inc., P.O. Box 33068, Raleigh, NC 27363 NQrthCarolina 401 Oversight /Express Review Permitting Unit !hitt! AY 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAx 919-733-6893 / Internet: htto;//h2o.enr.state.ne.us/ncwetlands An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper e j7, {' 4 G POW I i • _ .�+ r t r' '� •'•V� €��+� F,�Y« �� S f±.. 3 ,� L �; d.. !:' � A �..�,N7td _. �x. _ 1• �1 ` '� : �;: '�'� "w,� . moi' /+ - � . ��il, .. ,�• t . 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RWWI r f �,� � r J 0 r 1,000 4 2,000 Feet Title USGS Topographic Map (Cary, NC, 1973, Photorevised 1987) Xpcdx Property Prepued For: Project Morrisville Site Wake County, North Carolina '1.1410 r.Ir�41y%PfOpe[YIC3 _ ©ate Project Number Figure 11/13/2007 1 01281101 2 File: TI M01?8110001USACE fora s/Figures. doe Prepared by Brandon BarhamlChad Evenhouse [Mn „,=. ::WithersRavenel Our People. Your Success. TOWN OF MORRISVILLE BUFFER DETERMINATION LETTER FOR BAKIS PROPERTY Page 7 of 9 Town of Morrisville Post Office Box 166 Morrisville, North Carolina 2756o May 24, 2016 CASTO 2601 Weston Pkwy., Suite 201 Cary, NC 27513 Attn: Tom Lowell RE: Stream Origin Determination Project: Bakis Property Site Address: 1017 Morrisville Pkwy. Wake County PIN # 0754-39-2368 TOM#: SD16-002 Dear Mr. Lowell: Phone: 919.463.6200 Fax: 919.468.6o11 www.townofmorrisville.org On May 9, 2016, the Town of Morrisville conducted an on-site investigation to review the potential streams located on/adjacent to the subject property for applicability to the Town of Morrisville Unified Development Ordinance (UDO), Section 6: Riparian Buffers. The stream is labeled as "Feature A" on the attached USGS and USDA Soils map. Staff certified to determine stream origin points per the North Carolina Department of environment and Natural Resources (NC DENR) Division of Water Quality (DWQ) Surface Water Identification Training and Certification (SWITC) observed the features in question and concurred with your proposed determination that the streams are ephemeral streams; as the "score" is less than or equal to 19 points the stream is not intermittent. The Town of Morrisville has determined that the stream labeled as "Feature A" on the attached map is at least intermittent, and is subject to the 50' Buffer Rule. Feature Not Subject Subject Start@ Stop@ Soil Survey USGS Topo Feature A X Flag S-1 -- X X 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. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent Our Mission: The Town of Morrisville is dedicated to enhancing the quality of life by preserving our past and protecting our future through a collective community partnership. By balancing responsible growth with core values, we embrace a sense of membership, communication, and support. owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be faxed to the attention of the Office of Administrative Hearings at (919) 733- 3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. 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 proiect 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)-807-6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. Respectfully, 1-1. 1. - 1 -1. 1.-., 2.E. Stormwater Engineering Manager Attachment(s) cc: Troy Beasley — Withers & Ravenel File I WAKE COUNTY SOIL SURVEY Scale: 1 " = 500' PIN(s): 1017 MORRISVILLE PKWY. 0754-39-2368 REQUESTED BY: STREAM BUFFER DETERMINATION CASTO USGS MAP Scale: 1 " = 500' Town of Morrisville -� Post Office Box 166 260 Town Hall Drive — Suite B Morrisville, North Carolina 27560 Phone: 919.463.6200 _ Fax. 919.468.6011 www.TownofMorrisville.org I WAKE COUNTY SOIL SURVEY Scale: 1 " = 500' PIN(s): 1017 MORRISVILLE PKWY. 0754-39-2368 REQUESTED BY: STREAM BUFFER DETERMINATION CASTO GRAPHIC SCALE 0 50 100 1 inch = 100 ft. xi Z r �a L • R 1 r ,, �. r Kr lb / b �. A� r i'1 NOTES: 1) PRELIMINARY BUFFER DETERMINATION BASED ON SITE VISIT BY WR ON 11/23/15. 2) STREAM/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON WAKE CO. GIS DATA AND GPS DATA. a 3) THERE ARE NO WETLANDS WITHIN THE SUBJECT PROPERTY. BAKIS PROPERTY AERIAL 40 WithersRavenel Engineers I Planners I Surveyors CARY WAKE COUNTY NOR "IIT CAROLINA ::WithersRavenel Our People. Your Success. NCNHP ME PROJECT REVIEW LETTER Page 9 of 11 NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Pat McCrory Bryan Gossage Susan Kluttz Governor Executive Director Secretary Clean Water Management Trust Fund June 22, 2016 Troy Beasley Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 tbeasley@withersravenel.com RE: The Station; 02140428.00 Dear Troy Beasley: NCNHDE-1778 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for site-specific surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. The location of the natural areas and conservation/managed areas can be viewed online on the Natural Heritage Data Explorer found at: https://ncnhde.natureserve.org/. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Suzanne Mason at suzanne.mason&ncdcr.gov or 919.707.8637. Sincerely, NC Natural Heritage Program Page 1 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area The Station Project No. 02140428.00 June 22, 2016 NCNHDE-1778 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Group Observation State Date Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004 -PRE Damselfly Rank Reptile 35531 Ophisaurus attenuatus Slender Glass Lizard 1979-09-13 No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner � Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government Wake County Open Space Wake County: multiple local government NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services Wake County Open Space Easement Wake County: multiple local government Element Accuracy Federal State Global State Occurrence Status Status Rank Rank Status Historical 5 -Very --- Significantly G5 S2? Low Rare Historical 5 -Very --- Significantly G5 S2 Low Rare Page 2 of 4 Owner Type Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government State State State State State Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on June 22, 2016; source: NCNHP, Q4 October 2015. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-1778: The Station June 22, 2016 Project Boundary Buffered Project Boundary Managed Area (MAREA) Page 4 of 4 1:22,376 0 0,175 0.35 0.7 mi 0 0.3 0.6 1.2 km Sources: Esri, HERE, D, -Lon . Inlemiap, increment P Corp.. GESCO. USGS. FAD. NPS, NRCAN, Ge Sale. IGN, KadasW NL, Ordnance Survey, ::WithersRavenel Our People. Your Success. USACE PRELIMINARY JD REQUEST Page 8 of 9 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 1019 Morrisville Pkwy City, State: Morrisville, NC County: Wake County Directions: Project is located in the southeast & southwest quadrant of the intersection of Morrisville Pkwy and Bristol Creek Dr. Parcel Index Number(s) (PIN): 0754296191 & 0754392368 B. REQUESTOR INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Addresst: Troy Beasley - WithersRavenel 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403 910-509-6512 tbeasley@withersravenel.com Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Morrisville PTNR LLC Mailing Address: 250 Civic Center Dr. Suite 500 Columbus, Ohio 43215-5088 Telephone Number: 919-467-8880 Electronic Mail Address 3: Howell@castoinfo.com 7 Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) 1 If available Z Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. See Signed Agent Authorization Form Property Owner (please print) Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: Date ❑✓ I am requesting that the Corps provide a preliminarX JD for the property identified herein. This request does include a delineation. ❑ I am requesting that the Corps provide a preliminarX JD for the property identified herein. This request does NOT include a delineation. ❑ I am requesting that the Corps investigate the property/project area for the presence or absence of WOUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. ❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). ❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). 4 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 F. V ❑✓ _a G. Jurisdictional Determination Request ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. Size of Property or Project Area ± 13.44 acres I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: F-1Completed and signed Preliminary Jurisdictional Determination Form6. ❑✓ Project Coordinates: 35.8086 Latitude -78.8218 Maps (no larger than l 1x17) with Project Boundary Overlay: Longitude ❑✓ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑✓ Aerial Photography of the project area ❑✓ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets Tributaries: ❑ USACE Assessment Forms Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ✓❑ Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and/or tributary assessment reaches ■ Locations of photo stations ■ Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑ Project Coordinates: Latitude Longitude Maps (no larger than 11x17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: http://www.usace.army.miI/Missions/CivilWorks/RegulatorVProgramandPermits/reg supp.aspx Wetland and Stream Assessment Methodologies can be found at: http://Portal.ncdenr.org/c/document library/get file?uuid=76f3c58b-dab8-4960-ba43-45b7faf06f4c&groupld=38364 and, http://www.saw.usace.army.mil/Portals/59/docs/regulatory/publicnotices/2013/NCSAM Draft User Manual 130318.pdf 8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets Tributaries: ❑ USACE Assessment Forms ❑ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") ❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 7 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Troy Beasley - WithersRavenel 1410 Commonwealth Drive, Suite 101; Wilmington, NC 28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 1019 Morrisville Parkway in Morrisville, Wake County (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake City: Morrisville Center coordinates of site (lat/long in degree decimal format): Lat. 35.8086 ON; Long. -78.8218 °W Universal Transverse Mercator: NAD83 Name of nearest waterbody: Crabtree creek Identify (estimate) amount of waters in the review area: Non -wetland waters: ±843 linear feet: Varies width (ft) and/or acres. Cowardln Class: Riparian Stream Flow: Intermittent Wetlands: ± o acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: 1 E REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 0 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: WithersRavenel 0 Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: Cary USGS Quad (2013)-124K ✓❑ USDA Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey - 1970 ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: ❑✓ Aerial (Name & Date): 2013 Aerial or ❑ Other (Name & Date): ❑✓ Previous determination(s). File no. and date of response letter: SAW -2008-00725 ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later 'urisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) 4 Zv�`�e�s�a vere_� Signat re and date of person requesting preliminary JD 06/22/16 (REQUIRED, unless obtaining the signature is impracticable) Preliminary JD Inventory Table Estimated Amount of Class of Aquatic Site Number Latitude Longitude Cowardin Class Aquatic Resource in the Review Area Source Stream 1 35.8086°N -78.8218°W Riparian - ±843 If Non -section 10 Intermittent Non -wetland GRAPHIC SCALE 0 100 200 1 inch = 200 ft. ,-PROPOSED UTILITY EASEMENT PIN:0754296191 THE STATION MORRISVILLE PTNR LLC PROJECT SITE 250 CIVIC CENTER DR STE 500 COLUMBUS, OH 43215-5088 PIN: 0754392368 PBR SUBSIDIARY LLC 250 CIVIC CENTER DR STE 500 COLUMBUS, OH 43215-5088 ETHE STATION PROPERTY OWNER EXHIBIT 11 WithersRavenel Engineers I Planners I Surveyors CARY WAKE COUNTY NORTH CAROLINA + jCjge �. 3� U y m o @ O 0CL w � to 49 4 � C r eenan trt yes Glen t e� O� cEe t eG 1 �eQthn V13'� I V PIN: 0754296191 PIN Ext: 000 BM2008 -01240 Heat Area: 0 Real Estate ID: 0371374 Site Address: 1019 MORRISVILLE PKWY Map Name: 0754 01 City: MORRISVILLE Owner: MORRISVILLE PTNR LLC Township: Cedar Fork Mail Address 1: CASTO Year Built: 0 Mail Address 2: 250 CIVIC CENTER DR STE Sale Price: $0 0 220 440 880 ft 500 Sale Date: I i i i I i i i Mail Address 3: COLUMBUS OH 43215-5088 Use Type: 1 inch — 400 feet Deed Book: 013227 Design Style: Deed Page: 00305 Land Class: VACANT Deed Date: 08/28/2008 Old Parcel Number: -- Deed Acres: 13.29 Building Value: $0 Disclaimer Land Value: $3,258,117 iMaps makes every effort to produce and publish Total Value: $3,258,117 the most current and accurate information possible. Billing Class: Business However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied, Description: L02 DILLARD PAPER COMPANY are provided for the data therein, its use,or its interpretation. I V PIN: 0754392368 PIN Ext: 000 TECHNOLIGIES BM1999 -00513 Heat Area: 13280 Real Estate ID: 0157600 Site Address: 1017 MORRISVILLE PKWY Map Name: 0754 01 City: MORRISVILLE Owner: PBR SUBSIDIARY LLC Township: CEDAR FORK Mail Address 1: 250 CIVIC CENTER DR STE Year Built: 1988 500 Sale Price: $2,400,000 0 220 440 880 ft Mail Address 2: COLUMBUS OH 43215-5088 Sale Date: 04/15/2016 1 i i i 1 Mail Address 3: Use Type: WAREHSE 1 inch = 400 feet Deed Book: 016353 Design Style: Conventional Deed Page: 02355 Land Class: COMM Deed Date: 04/15/2016 Old Parcel Number: 487-00000-0107 Deed Acres: 3.35 Building Value: $961,498 Disclaimer Land Value: $592,460 iMaps makes every effort to produce and publish Total Value: $1,553,958 the most current and accurate information possible. Billing Class: Business However, the maps are produced for information purposes, and are NOTsurveys. No warranties, expressed orimplied, Description: RCMB APPLIED CONTROL are provided for the data therein, its use,or its interpretation. GRAPHIC SCALE - 0 100 200 V 1 inch = 200 ft. IS LE PK y — i L rl o , ;r F \. 1-4 y O y 1 A •. O.l !d; ' a i THE STATION AERIAL - (2013) WithersRavenel Engineers I Planners I Surveyors CARY WAKE COUNTY NORTH CAROLINA GRAPHIC SCALE - 0 100 200 V 1 inch = 200 ft. - T i J �J 1 s d d i0 � � o + NOTES: 1) STREAM DEPICTED REPRESENTS SURVEYED CHANNEL. 2) THERE ARE NO WETLANDS WITHIN THE SUBJECT PROPERTY. THE STATION WETLAND DELINEATION EXHIBIT 11 WithersRavenet Engineers I Planners I Surveyors CARY WAKE COUNTY NORTH CAROLINA 1\1\11, 1.1 Ie-clP MORF,!Sv!L BLVD ONS CREEK�RD MORRlS LLE PKWY Keston C ^�7r I 1 • • GRAPHIC 0 500 1000 �i I/ `- TOl'VF,Q`1 i Fes, �;A 1 11 ' 1 /1 r—,�& --) /10, a 11 l V// 15; U 1 l �\) 1 THE STATION USGS QUAD (2013) - CARY 110 Engineers I Planners I Surveyors WithersRavenet CARY WAKE COUNTY NORTH CAROLINA 1 11 GRAPHIC SCALE 0 100 200 1 inch = 200 ft. ,f ETHE STATION USGS QUAD (2013) - CARY 11 WithersRavenet Engineers I Planners I Surveyors CARY WAKE COUNTY NORTH CAROLINA GRAPHIC SCALE s i t i 0 100 200 4 1 inch = 200 ft. r WsC2 MYD i w r r ETHE STATION WAKE CO. SOIL SURVEY - SHEET 46 WithersRavenet Engineers I Planners I Surveyors CARY WAKE COUNTY NORTH CAROLINA Print Form WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: The Station City/County: Morrisville Sampling Date: 06/13/2016 Applicant/Owner: Morrisville Partners, LLC State: NC Sampling Point: DP -1 Investigator(s): M. Richmond & L. Phillips - WR Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): <1 % Subregion (LRR or MLRA): LRR P Lat: 35.808834 Long: -78.820846 Datum: NAD83 Soil Map Unit Name: MyC - Mayodan silt loam, thin, 6 to 10 percent slopes NWI classification: Uplands Are climatic / hydrologic conditions on the site typical for this time of year? Yes x❑ No ❑ (If no, explain in Remarks.) Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes ❑x No ❑ Are Vegetation ❑, Soil ❑, or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes 1E No ❑ Is the Sampled Area Hydric Soil Present? Yes 1:1® No x within a Wetland? Yes ❑ No El Wetland Hydrology Present? Yes ❑x No ❑ Remarks: This data point was collected within uplands at the Lat/Long specified above. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) ❑ Surface Soil Cracks (B6) Qn Surface Water (Al) Water -Stained Leaves (B9) ❑ Sparsely Vegetated Concave Surface (B8) L.I High Water Table (A2) ® True Aquatic Plants (B14)❑I Drainage Patterns (B10) ❑ Saturation (A3) Hydrogen Sulfide Odor (Cl) 1J Moss Trim Lines (B16) Water Marks (B1) Oxidized Rhizospheres on Living Roots (C3) ® Dry -Season Water Table (C2) Sediment Deposits (B2) Presence of Reduced Iron (C4) ® Crayfish Burrows (C8) Drift Deposits (133) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ® Iron Deposits (B5) Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Stunted or Stressed Plants (D1) ® Microtopographic Relief (D4) ® FAC -Neutral Text (D5) Field Observations: Surface Water Present? Yes No ___0 Depth (inches): Water Table Present? Yes No Depth (inches): >24" Saturation Present? Yes No __0 Depth (inches): 12" Wetland Hydrology Present? YesNo rl (includes capillary fringe) _Q Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland hydrology was present at this sampling point. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION — Use scientific names of plants. Sampling Point: DP -1 Tree Stratum (Plot size: 30' Radius ) 1. Quercus alba Absolute % Cover 40% Dominant Indicator Species? Status x❑ FACU Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) 2. Pinus taeda 109/6 ❑ FAC 3. Carya tomentosa 4. Acer rubrum 10% 10% ❑ FAC ❑ FAC Total Number of Dominant 4 Species Across All Strata: (B) 5 6. O Percent of Dominant Species o That Are OBL, FACW, or FAC: 75 /O (A/B) 7. ® Prevalence Index worksheet: 70% = Total Cover Total % Cover of: Multiply by: Sapling Stratum (Plot size: 15' Radius ) OBL species x 1 = 1 None ❑ FACW species x 2 = FAC species 65 x 3 = 195 2. ❑ 3. ❑ FACU species 40 x 4 = 160 4. ❑ UPL species x 5 = 5. ❑ Column Totals: 105 (A) 355 (B) 6. 7 ® Prevalence Index = B/A = 3.38 Hydrophytic Vegetation Indicators: 1 -Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 0% = Total Cover Shrub StratumPlot size: 15' Radius ( ) 1 Myrica cerifera 15% FAC 2 Acer rubrum 10% x❑ FAC — 3 - Prevalence Index is <_'3.0 3 4 5. 6 7. Herb Stratum (Plot size: 5' Radius ) 1 None 25% ❑ ❑ ® ® ® = Total Cover ❑ — 4 - Morphological Adapations' (Provide supporting data in Remarks or on a separate sheet) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Vegetation Strata: Tree – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. 2. 3 4 5. 6 7. 8 9. 10. ® ❑ ® ® ❑ ® ® ❑ (7.6 cm) or larger in diameter at breast height (DBH). Sapling – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub – Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb – All herbaceous (non -woody) plants, including herbaceous vines, regardless of size. Includes woody plants, except woody vines, less than approximately 3 ft (1 m) in height. 11. 12. ® Woody vine – All woody vines, regardless of height. Woody Vine Stratum (Plot size: 30' Radius ) 0% = Total Cover 1•Smilax rotundifolia 10%x❑ FAC 2. ❑ 3. ❑ 4. 5• 10% ® ® = Total Cover Hydrophytic Vegetation Present? Yes ❑ No ❑ Remarks: (If observed, list morphological adaptations below). Hydrophytic vegetation was present at this sampling point. However, the prevalence index is 3.38 and this sampling point fails the FAC-Nuetral Test. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 SOIL Sampling Point: DP -1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0" - 4" 10YR 4/4 100% Loam 4" - 14" 10YR 4/4 65% Loam 4" - 14" 10YR 5/6 35% Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 'Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': ❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) ❑ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) f] 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) Loamy Gleyed Matrix (F2) 0 Coast Prairie Redox (A16) (MLRA 150A) ❑-H dro en Sulfide (A4) Depleted Matrix (F3) -❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) ❑ Stratified Layers (A5) Redox Dark Surface (F6) ® Red Parent Material (TF2) ❑ 2 cm Muck (A9) (LRR P, T) Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) (LRR T, U) ❑ Depleted Below Dark Surface (A11) ❑ Redox Depressions (F8) ❑ Other (Explain in Remarks) Q Thick Dark Surface (Al2) ❑ Sandy Mucky Mineral (S1) (LRR O, S) _� Reduced Vertic (F18) (MLRA 150A, 1506) ❑ Sandy Gleyed Matrix (S4) ❑ Piedmont Floodplain Soils (F19) (MLRA 149A) ❑ Sandy Redox (S5) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑ Stripped Matrix (S6) ❑ Dark Surface (S7) (LRR P, S, T, U) —❑ Iron -Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and ❑ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes ❑ No ❑ Remarks: Hydric soils were not present at this sampling point. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 Print Form WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: The Station City/County: Morrisville Sampling Date: 06/13/2016 Applicant/Owner: Morrisville Partners, LLC State: NC Sampling Point: DP -2 Investigator(s): M. Richmond & L. Phillips - WR Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): <1 % Subregion (LRR or MLRA): LRR P Lat: 35.807641 Long: -78'822940 Datum: NAD83 Soil Map Unit Name: MyC - Mayodan silt loam, thin, 6 to 10 percent slopes NWI classification: Uplands Are climatic / hydrologic conditions on the site typical for this time of year? Yes x❑ No ❑ (If no, explain in Remarks.) Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes ❑x No ❑ Are Vegetation ❑, Soil ❑, or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes 1E No ❑ Is the Sampled Area Hydric Soil Present? Yes 1:1® No x within a Wetland? Yes ❑ No El Wetland Hydrology Present? Yes ❑ No 0 Remarks: This data point was collected within uplands at the Lat/Long specified above. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) ❑ Surface Soil Cracks (B6) Qn Surface Water (Al) Water -Stained Leaves (B9) ❑ Sparsely Vegetated Concave Surface (B8) L.I High Water Table (A2) ® True Aquatic Plants (B14)❑I Drainage Patterns (B10) ❑ Saturation (A3) Hydrogen Sulfide Odor (Cl) 1J Moss Trim Lines (B16) Water Marks (B1) Oxidized Rhizospheres on Living Roots (C3) ® Dry -Season Water Table (C2) Sediment Deposits (B2) Presence of Reduced Iron (C4) ® Crayfish Burrows (C8) Drift Deposits (133) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ® Iron Deposits (B5) Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Stunted or Stressed Plants (D1) ® Microtopographic Relief (D4) ® FAC -Neutral Text (D5) Field Observations: Surface Water Present? Yes No ___0 Depth (inches): Water Table Present? Yes No Depth (inches): >24" Saturation Present? Yes No __0 Depth (inches): >24" Wetland Hydrology Present? Yes_❑ No rxJ (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland hydrology was not present at this sampling point. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION — Use scientific names of plants. Sampling Point: DP -2 Tree Stratum (Plot size: 30' Radius ) 1. Pinus taeda Absolute % Cover 40% Dominant Indicator Species? Status x❑ FAC Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) 2. Acer rubrum 209/6 x❑ FAC 3 ® Total Number of Dominant Species Across All Strata: 7 (B) 4. ❑ 5. 6. O Percent of Dominant Species That Are OBL, FACW, or FAC: 57.14% (A/B) 7. ® Prevalence Index worksheet: 60% = Total Cover Total % Cover of: Multiply by: Sapling Stratum (Plot size: 15' Radius ) OBL species x 1 = 1 Quercus alba 5% x❑ FACU FACW species x 2 = FAC species 100 x 3 = 300 2. Cornus florida 5% x❑ FACU 3. ❑ FACU species 15 x 4 = 60 4. ® UPL species x 5 = 5. ® Column Totals: 115 (A) 360 (B) 6. 7 ® Prevalence Index = B/A = 3.13 Hydrophytic Vegetation Indicators: -Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 10% = Total Cover Shrub StratumPlot size: 15' Radius ( )1 1 Carya tomentosa 15% x❑ FAC 2 Quercus alba 5% x❑ FACU — 3 - Prevalence Index is <_'3.0 3 4 5. 6 7. Herb Stratum (Plot size:5' Radius ) 1 None 20% ❑ ❑ ® ® ® = Total Cover ❑ — 4 - Morphological Adapations' (Provide supporting data in Remarks or on a separate sheet) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Vegetation Strata: Tree – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. 2. 3 4 5. 6 7. 8 9. 10. ® ❑ ® ® ❑ ® ® ® (7.6 cm) or larger in diameter at breast height (DBH). Sapling – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub – Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb – All herbaceous (non -woody) plants, including herbaceous vines, regardless of size. Includes woody plants, except woody vines, less than approximately 3 ft (1 m) in height. 11. 12. ® Woody vine – All woody vines, regardless of height. Woody Vine Stratum (Plot size: 30' Radius 0% ) = Total Cover 1•Vitis rotundifolia 25%x❑ FAC 2. ❑ 3. ❑ 4. 5• 25% ® ® = Total Cover Hydrophytic Vegetation Present? Yes ❑ No ❑ Remarks: (If observed, list morphological adaptations below). Hydrophytic vegetation was present at this sampling point. However, the prevalence index is 3.13 and this sampling point fails the FAC-Nuetral Test. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 SOIL Sampling Point: DP -2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0" - 14" 10YR 5/4 100% Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': ❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) ❑ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) f] 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) Loamy Gleyed Matrix (F2) 0 Coast Prairie Redox (A16) (MLRA 150A) ❑-H dro en Sulfide (A4) Depleted Matrix (F3) -❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) ❑ Stratified Layers (A5) Redox Dark Surface (F6) ® Red Parent Material (TF2) ❑ 2 cm Muck (A9) (LRR P, T) Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) (LRR T, U) ❑ Depleted Below Dark Surface (A11) ❑ Redox Depressions (F8) ❑ Other (Explain in Remarks) Q Thick Dark Surface (Al2) ❑ Sandy Mucky Mineral (S1) (LRR O, S) _� Reduced Vertic (F18) (MLRA 150A, 1506) ❑ Sandy Gleyed Matrix (S4) ❑ Piedmont Floodplain Soils (F19) (MLRA 149A) ❑ Sandy Redox (S5) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑ Stripped Matrix (S6) ❑ Dark Surface (S7) (LRR P, S, T, U) —❑ Iron -Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and ❑ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes ❑ No ❑ Remarks: Hydric soils were not present at this sampling point. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 :1 WithersRavenel Our People. Your Success. IMPACT EXHIBITS Page 9 of 9 Qj ti — -----------r• L-----_ , ______ IV , Afff ..•+y ice-- .`y,� ,���`,\� ``._- , \'`_ ,\ `.`,:. ,,\`:` l ` \ 1, \ �:\`�``, / _'G�-_ \: / \\ •� :`� —�—, � _ — Vii•;-�,--, �_ �``; :'-;r' \\� \, `� , s• \ T \\ -----------, a I �t PROJECT INFORMATION: -. _ _ �� / \ � `, \�`_, \\ „i- � \\\ a `I% , PROJECT SITE \ SITE ACREAGE: 10.59+/ AC _ / 1 �'- -rti '"-�\ `s'' �_.�r_s- — r•� "' Ary`;\ , �,, \ \ \\}\ _�'`,���:C / �' \� \ ` REAL ESTATE I.D.• 0371374 ! / , _ -_ - _ - - , _______ __ _ ____________ __ ��,r. _ _ ,1�., ` \� \\ � \ \ PIN REFERENCE: 0754296191 'I 'I Hyl -- ` , , m \ / \y,/'`, STREAM IMPACT PROPERTY X ,'Lu rl1 1 V/ \\ ' / SITE ACREAGE: 3.35+/- AC ,v -- - - - - ' -------- ` — � /'-=%11' \ o\ `�r �.�`-w_��`�� �, �'�� �� �•t' � ".r � / REAL ESTATE LD.: 0157600 lJ -' - - - - -- - - - - - .------------- .�; air%, .• ... i..,, _ _ PIN REFERENCE 0754392368 lI ' I "- - - ' -------"- - - �-- - --""- - 1 INFORMATION PROVIDED — / a r •. J iii � � 1\� \\\ _- .\,� !!,``.`\ �, q�� ..- ------ - -- � _ ------ \ \�\� -� -- \`-_``^`.;``�!\. �\ BYIWITHERSRAVENEL. , Lu ray _ __ ___ _ _' -�. ' I1 1 , '' ( ! - __ - _ _ `Ey__'•r _'____-moi_-----�a�,\, `,, /`/ /'tom f _ r J I ,, -----"-----, , ' , 1, , , , , � - - - — \. _ r -n \`\, i `'` �• •J t 47 _ - l 77 ff /i I I J I `., `,, `. ``, `` `, \ ', x.ps.ii'ii ... — F, -I •1 _______ - -�\ :�-G-r.�--i_ I -% I I : I x :I �`` r ` • :�;o TEMPORARY _ _ o ;_ STREAM IMPACT _yr,: �`, > >! , 1 .11% \` I 1 1 ------------ if - - 1 I \` \ L1 --_rte—_i, _ ` / —'--`\ ,\ \ w I I , lu jT o I I I 1 --- -- --- --=---------- J /,/ % / % 'Y ^ \ — t, �1_' - _ '' I`,y I I,I TL E \ ` , \ ` `,� ` \ , \1,' L 111 ;i 1 I I ---- - I � ,`\,'`` r ',\,�' ' INDEX ---�'----==--i—"=' -y— I\� - L r L PROPOSED IMPACT AREA - ;'; , Asa ,1 I Ili `.; GRAPHIC SCALE 100 0 50 100 200 1 inch = 100 ft. STREAM IMPACT SUMMARY MAP IMPACT # PERMANENT STREAM IMPACT (LF) TEMPORARY STREAM IMPACT (LF) 2 1 --- 26 LF TOTALS --- 26 LF PROPOSED 20' \ \ \ TOWN OF CARY UTILITY AND PIPELINE EASEMENT CIO PROPERTY LINE \ I \ li �\ \ TEMPORARY STREAM � \ � \ \ \ � � � \ \ � �� = � �-� — — • IMPACT - 26 LF `370� ` \ � FOR OPEN CUT UTILITY CONSTRUCTION \ WETLAND \ FLAG S1 GRAPHIC SCALE 20 0 10 20 40 1 inch = 20 ft. m x w u a i Lu V)