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HomeMy WebLinkAbout20061900 Ver 1_401 Application_20061206• ~ ~ Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com December 21, 2006 S&EC Project # 10509. W 1 To: US Army Corps of Engineers NC Division of Water Quality Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit Attn: Jamie Shern Attn: Cyndi Karoly/Lia Myott 6508 Falls of the Neuse Rd, Suite 120 2321 Crabtree Boulevard, Suite 250 Raleigh, N.C. 27615 Raleigh, NC 27604-2260 ~ ~ From: Debbie Edwards G ~ O b `~ O O p ~ ~ ~ ~ \1// ~ D Soil & Environmental Consultants, P.A. C~ ~ 11010 Raven Ridge Road r, ,; ~~ ~ r (,-•' Raleigh, NC 27614 ~' i , s ~' ;_. ! ~ I U ~ C 2 7 2006 Re: Pearl Creek Subdivision-EXPRESS REVIEW PROGRAM R~CEIVED orira~ , yyA7FI2 au~t.lN Garner, Wake County, NC ~$ /~1rJ $TQIIMWATF.#i BRANGM On behalf of the owner, Pearl Creek Partners (Attn: William Hardin), please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USAGE) and the North Carolina Division of Water Quality (NC-DWQ) that the activities proposed below may precede utilizing Nationwide Permit 39 & 12 and Water Quality Certifications 3402 and 3374. In addition, written authorization from the NC-DWQ is requested for activities proposed to impact Neuse River Buffers. Please contact me at (919) 846-5900 if you have any questions or require additional information. PRn1RCT Si IMMARY Project Name Pearl Creek Subdivision Project T e Residential Subdivision Owner / A licant Pearl Creek Partners Coun Wake Nearest Town Garner Waterbod Name UT to Bi Branch Basin /Sub-basin 03-04-02 Index Number 27-34-11 Class C; NSW IMPACT S[1MMARY Stream Impact (acres): 0.023 Wetland Impact (acres): 0.124 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres): 0.147 Total Stream Impact (linear feet): ~ 310 Total Riparian Buffer Impacts (square feet): 26,288 Attachments: Pre-construction Notification (PCN) Application Forni Agent Authorization USGS Vicinity Map & Wake County Soil Survey USAGE Jurisdictional Determination (Action ID# 200632508-292) DWQ Buffer Determination letters (NBRRO #06-008) EEP Acceptance letter (dated 12/19/06) Express Review Acceptance letter (dated 12/11/06) Raleigh Comprehensive Plan Map Impact Map & Site Plan Existing Conditions Map, Drainage Map & Proposed Conditions Map BMP Details and Worksheets Impervious Area Calculations &BMP H/H Calculations/Routings Operations & Maintenance Agreements (signed and notarized) BMP Operations & Maintenance Manuals $2000.00 Water Quality Certification Fee Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704)720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Office Use Only: Form Version March OS USAGE Action ID No. DWQ No. ~X~ ~ to - LQ O ~ (lt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing n, ~~h'~! ~-P'"r 1. Check all of the approval(s) requested for this project: R~.CEIVED ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ® Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 & 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information ~,~jD~ ~ D D ~j 1. Owner/Applicant Information ~ 20~~ DtG 2 Name:_ Pearl Creek Partners (Attn: William Hardinl _ ...,,~~ ~-rv Mailing ,r„~„ .,..., Ralei>;h NC 27616 Telephone Number 919-422-4127 Fax Number: 919-217-4070 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Debbie Edwards Company Affiliation: Soil & Environmental Consultants. PA Mailing Address: 11010 Raven Ridge Road _ Raleigh NC 27614 Telephone Number: 919-846-5900 Fax Number: 919-846-9467 E-mail Address: dedwardsnsandec.com Page 1 of 10 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Pearl Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a 3. Property Identification Number (Tax PIN): 1731-26-1534 4. Location County: Wake Nearest Town: Garner Subdivision name (include phase/lot number): Pearl Creek Directions to site (include road numbers/names, landmarks, etc.): The subject site is located within the southwest quadrant of the intersection of Rock Ouarry Road (SR 2542) and Pearl Road SR 2550). 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7178 °N 78.5492 °W 6. Property size (acres): +/- 155 acres 7. Name of nearest receiving body of water: UT to Big Branch 27-34-11, C; NSW 8. River Basin: Neuse 03-04-02) (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The existing conditions onsite are primarily hardwood forests with some areas in apiculture. In addition, portions of the hardwood forested areas have been cut over leading to believe these areas have been timbered within the last 10 years. Page 2 of 10 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is for asingle-family residential development consisting of 473 single- family lots with permanent impacts resulting from the installation of roads and rgradin , tg hese impacts are necessary for accessing and utilizing the entire property. In addition, there are temporary impacts resulting from the excavation for utilities. Heavy equipment typically used for road construction and excavation will be employed for this project. 11. Explain the purpose of the proposed work: The purpose of this project is to provide additional housing, for the area. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USAGE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along- with construction schedules. In January 2006 S&EC conducted a detailed wetland delineation and Neuse River Buffer evaluation on the entire site. On June 3, 2006, Mr. Monte Matthews conducted a site visit to confirm jurisdictional features (Action ID #200632508-2921 and on December 13, 2006, Mr. Jamie Shern with the USAGE conducted a site visit to determine important vs. unimportant jurisdictional waters. On January 10, 2006 Mr. Mike Horan with the NC-DWO conducted a site visit to confirm our buffer determination (NBRRO 06-008)_ and again on November 29, 2006, Mr. Mike Horan conducted a site visit to determine intermittent vs. perennial streams, see revised NBRRO 06-008 letter attached. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permits are anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Page 3 of 10 Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed permanent impacts include 148 linear feet of perennial/important stream channel 141 linear feet of perennial/unimportant stream channel and 0 124 acres of wetlands Proposed temporary impacts include 21 linear feet of perennial/important stream channel 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) es/no linear feet Impact area 1 Permanent-Lot fill and Emergent Wetlands No 85' 0 018 road fill . Impact area 4 permanent- Road fill Riparian Wetlands No 0' 0.049 Impact area 5 permanent-Sanitary Sewer and grading Emergent Wetlands No 100' 0.057 Total Wetland Impact (acres) 0.124 3. List the total acreage (estimated) of all existing wetlands on the property: 3 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma Before Im act linear feet acres Impact area 2 UT to Big Branch Permanent-Road fill Perennial 3' - 4' 141' 0.010 Impact area 3 UT to Big Branch Temporary-Sanitary perennial 3' - 4' 21' 0 002 Sewer . Impact area 4 UT to Big Branch Permanent-Road fill Perennial 3' - 4' 148' 0.011 Total Stream Impact (by length and acreage) 310' 0.023 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Page 4 of 10 Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma ocean, etc. acres N/A N/A N/A N/A~ N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres): 0.023 Wetland Impact (acres): 0.124 O en Water Im act (acres): o Total Irri act to Waters of the U.S. (acres) 0.147 Total Stream Impact (linear feet): 310 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. There are no isolated wetland onsite. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The attached maps include proposed impacts that have been modified to reduce overall Page 5 of 10 impacts Ori ig'nal1X, the City of Ralei was requiring the extension of Pearl Road (see stub road just west of impact #5) to cross the important stream and riparian buffer to its south. The Pearl Road Extension is considered a minor thoroughfare and is part of the City of Raleigh's Comprehensive Plan for the Southeast District and includes extending Pearl Road from the existing Pearl Road through to Auburn Church Road (see attached "Arterials, Thorou fares & Collectors-Southeast District" mapj However after a site meeting and project review with Jamie Shern of the USACE because the Pearl Road Extension is identified on the Comprehensive Plan for the City of Raleig~i it is his interpretation that the need for this road is identified but because there are no site plans for the pro~erty lust south of our project this need is not immediate and therefore can wait until the property to the south is ready to be developed Because of this eventual "need" there is a proposed stub/temporary turnaround at this location with no proposed impacts at this time Additionall}_the applicant worked with the City of Raleigh to eliminate an additional crossing that the City was requiring on the stream feature south of proposed impact #2 ultimately connecting the cul-de-sacs at lots #'s 288 and 338. Throu meetin sgL the applicant was able to convince the City of Raleigh that this additional crossing was not necessary Therefore leaving only three proposed road crossings for this project in addition to two proposed impacts associated with sanitary sewer. Impacts # 1 & 2 are necessary in order to access the uplands between these buffered streams on the eastern portion of this property Impact #1 was desired to completed avoid the buffered intermittent stream and onl~pact the linear wetlands Impact #2 has been designed with retaining walls and partially overlapping an existingpipe in order to utilize existing conditions and minimize overall impacts This existing pipe will be removed and the stream banks will be stabilized and restored as per a USACE request Impact #4 has also been desired with retaining walls to minimize overall impacts this proposed stream/wetland crossing, is necessa~ to access the southern portion of the property Additionally this proposed crossing is located within an existing ford where there are existing riparian buffer impacts and stream impacts (no pipe). Impact #3 is a proposed temporarypact for a sanitary sewer crossing_this proposed impact crosses the stream at a near perpendicular angle with a 20'wide easement the City of Raleigh requires a 20' maintenance easement Impact #5 is a proposed permanent impact for a sanitary sewer crossing and grading work this area is proposed permanent because of the rg aging and fill associated with the sanitary sewer and site development. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland Page6of10 and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The applicant proposes payment to the Ecosystem Enhancement Program (EEP for the proposed permanent impacts to perennial streams and wetlands (impact areas 1, 2, 4 & 51, the EEP acceptance letter is attached for your review. In addition, it has been past experience that mitigation is not required by the USACE for impacts to important streams less than 150 linear feet or unimportant streams so mitigation is proposed at a 1:1 ratio for impact areas 2 and 4 to satisfy the NCDWO. However if a hi er mitigation ratio is required by the USACE, the EEP has already accepted this mitigation for up to a 2:1 ratio. In addition, please note that the applicant proposes to remove the existing_18" pipe at proposed impact location #2. Because the proposed impact #2 overlaps the existing~ipe crossing by 4 feet, the applicant proposes to restore this remaining 14 feet of perennial/unimportant stream by re-establishing the bed and banks and stabilizing the area, therefore reducing the overall perennial stream impact by 14 linear feet. If the NCDWO is amenable to this proposal, the applicant requests that the overall perennial stream miti aLg_tion be reduced by 14 linear feet, with a final total of 275 linear feet of perennial stream mitigation. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 289 or 275 (see above) Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0.049 Page7of10 Amount ofNon-riparian wetland mitigation requested (acres): 0.075 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the .project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required- amount of mitigation by applying the buffer multipliers. IMPACT AREA 2 (permanent road crossing) Zone* Impact (s uare feet Multiplier Required Miti ation 1 7,294 3 (2 for Catawba) N/A 2 3,430 1.5 N/A Total 10,724 N/A IMPACT AREA 3 tem orar sanitar sewer crossin Zone* Impact Multiplier Required (s uare feet) Miti ation Page 8 of 10 1 1,366 3 (2 for Catawba) N/A 2 864 1.5 N/A Total 2,230 N/A IMPACT AREA 4 ermanent road crossin Zone* Impact s uare feet Multiplier Required Miti ation 1 8,520 3 (2 for Catawba) N/A 2 4,814 1.5 N/A Total 13,334 N/A * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Buffer mitigation is not reauired because all nronosed riparian buffer impacts are considered "Allowable". XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The uercent impervious for the entire nroiect is proposed to be 29.69%. The applicant is proposing three extended detention wetlands followed by level spreaders and two extended dry detention basins also followed by level spreaders to treat the onsite Stormwater. The en tg'neer has provided BMP details impervious area calculations, BMP worksheets, BMP H/H calculations and routings 6 signed and notarized Operations & Maintenance Agreements and a BMP Operations & Maintenance Manual for your review, see attached binder. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed project will tie into existing sanitary sewer lines in the area. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No Page 9 of 10 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Progxams" document prepared by the NC Division of Water Quality on October 3, 2002, version 1.6. The draft states that most small residential developments are unlikely to cause cumulative impacts. Pearl Creek Subdivision does not meet anv of the three criteria of private projects that can clearly result in cumulative impacts. We anticipate that you will advise us if a aualitative or quantitative impact analysis is required. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Environmental Consultants, PA :Road Raleigh, North Carolina 27614 Phone; (919) 846-5900 Fax: (919) 846-9467 All Blanks To Be Filled In By The Current Landowner or Municipal Official Name: _ rr~ ~G e r .Ja ~ T.. ~~ ~ L G Ot~ a /"c.~ f ~ C~ w~G ~ ~cz, r ?fin e r s Address: ~8 3 E .t~rca~'on lc,~, y ~e~ 4 ~ ~7G z ~~ ~s' Phone: ~2Z - g'~Z 7 Project Name/Description: ~l Cr~e~' SvB d iv~,t~F Date: ~~3 ~ G ~~ The Department of the Army U.S. Anmy Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: ~~~' i?ii:LrGv Field Office: Re: Wetlands Related Consulting and Permitting To Whom It May Concern: $&EC Project # g~~o • ~'~ I, the current landowner or municipal official, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. The 3 ~.D day of .~er.' ~ Z ~ ~ . This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: Thls authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. r! ~rPe~c ~t;~irert Print Property Owner's or Municipal Official's Name cc: Ms. Cyndi Karoly NCDENR - DWQ 2321 Crabtree Boulevard Raleigh, NC 27604 Soil & Environmental Consultants, PA Charlotte Office: Greensboro Office: 236 LePhiilip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 ' ~Pr,Mi(7~I' _ Q pj~jJ f M Property Owner's or unicipal Off cial's Signature cc: Mr. Walter Cole AGENT AUTHORIZATION FORM Project Number: 0509.W I Project Manager: DE Scale: " = 2000' Date: 2/ 14/06 Map Title: Figure I . USGS Map William G. Daniel ~ Assoc., PA PEARL CREEK SITE Wake County, NG Source: Garner Quadrangle Soil & Environmental Consultants, PA 11010 Raven Ridge Rd • Raleigh, NC 27614 (919y 84fr5900 • (919y 846-9467 Weh Page: www.SandEC can ! 0509. W Project Manager: DE Scale: l " = 13 20' Date: 12/ 14/06 Map Title: Figure 2. Soil Survey Map William G. Daniel ~ Assoc., PA PEARL CREEK SITE Wake County, NC Source: Wake Co. Soil Survey Soil & Environmental Consultants, PA 11010 Raven Ridge Rd • Raleigh, NC 27614 X919)846-5900 (919)846-9467 Web Page. www SandEC.com U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW 200632508-292 County: Wake U.S.G.S. Quad: Garner NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Pearl Creek Partners Address: 7838 Breckon Way Raleigh, NC 27615 Telephone No.: 919-422-4127 C ~ ~ V JUN 11 F 2U~6 Ar: Soil, 6 Em~wxnental Consdtants. PA Size and location of property (waterbody, road name/number, town, etc.) The property is locamrtnwesr--- quadrant of the intersection of Pearl Road and Rock Quarry Road near Garner in Wake County NC, and is identified as the "Penny Property" Indicate Which of the Followin Anply: _ Based on preliminary information, there maybe Wetlands and Streams on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered fmal, a jurisdictional determination must be verified by the Corps. X There are Wetlands and Streams on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. - _ We strongly suggest you have the Wetlands and Streams on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The Wetlands and Streams on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a period not to exceed five years. X The Wetlands and Streams have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on June 3, 2006. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ Tliere are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Remarks: Corps Regulatory Official: Monte Matthews ~ ~~- Date June 3, 2006 Expiration Date June 3, 2011 Page 1 of 2 Action Id. SAW 200632508-292 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Monte Matthews at 919-876-8441 x30. Basis For Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps Wetland Delineation Manual and are adjacent to UT of Big Branch The property also contains stream channels that exhibit an Ordinary High Water Mark as indicated by changes in soil character and absence or terrestrial vegetation (per consultant) and are hydrologically connected to Big Branch in the Neuse River Basin Appeals Information: (This information applies only to approved jurisdictional determinations as indicated above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 ,_ Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by August 3, 2006. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the properly and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. CF: Soil and Environmental Consultants, PA Attn: Walter Cole 11010 Raven Ridge Road, Raleigh, NC 27614 ~ wA~.F Michael F. Easley, Governor ~ 9 William G. Ross Jr., Secretary \O~ QG North Carolina Department of Environment and Natural Resources rij ~ Afan W. Klimek, P.E. Director ~ ~ Colleen H. Sullins, Deputy Director 0 ,~ Division of Water Quality County: a~~ S~ E C- \ \ a ~ O Ro~.~ cr e ' ~ ~ ~~ Attn: Mr_ i~o~~t~r C,o \c BASIN: Neuse River k (15A NCAC 2B .0233) Tar-Pamlico (15A NCAC 2B .0259) Project:`era`x.ck~ 4'~~d.vJ ~ ~ e..r ~~~4 DEC 12 ~~ 2000 D By: Soil S Emirurnnental Consultants, i A Location of property: `` - ~ + n r~ /~ pia. ~vJeS'4 ~ ~ `fie int2~t @..~e+n ~ } ~Oc.I~Q~t1r~y ft~ . ~-~ 0.r The feature(s) have7`ttas been field verified on (_ 1 O - o ~ Feature s) Not Subject Subject Start Sto Stream Form Pts. Soil Surve USGS To 0 A ~/ / v au c c ~ F~ ,~ .i ~t'~ n~..~ y ~ ~ v ~/ Explanation: The feature(s) listed above has or have been located on the most recent paper copy of the Soil Survey Map and/or the most recent copy of the USGS Topo~ranhic Mates. 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 listed above but, still maybe a jurisdictional stream according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall ezpire five (5) years from the date of this letter. Raleigh Regional Office 1628 Mail Service Center N ` f~i phone (919) 791-4200 Customer Service Water Quality Section Raleigh, NC 27699-1628 facsimile (919) 571-4718 1-877-623-6748 S~'~C ~ ~ ~ S o ~ W 1 / 12/2006 Page 2 of 2 This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected pa-•ties that dispute a determination made by the D~{'Q or Delegated Local Authority that a surface water exists curd 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% Cyndi Karuly, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You.nurst act within 60 days of the date that you receive this letter. Applicants are hereby notifed that the 60-day statutory appeal time dues Trot start until the affected pcu•ty (including do-wu7ream arul adjacent landowners) is notified of this decision. D6l'O reconunerrds tlent the applicant conduct this notification in order to he certain that t/rind party appeals are made i-r a timely manner. To ask for a hearing, send a written petitiaz, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 2 7699-6 71 4. Tlris cleter•miruuiar is final and binding unless you «sk•for a hearirr; within h0 days. The (owner/fixture owners) should notify the Division of Water Quality (including airy other Local, State, «ud Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of 6Vater Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respectfully, un~.;,t~~ Ilv.~,,._ Michael Horan Environmental Spec. I CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 !~t?Y~c~'Q ~~~G~S , US Army Corps of Engineers, Raleigh Regulatory Office File Copy Central Files ~ I ~. 2 1 3 U . 11 7 ,~~ n: _ ti 0 ,~ I J 0 >` _ O T ii - 1 • 1 O ~ ~ Cj ~ •\ ~, y ° ; _ v -- , '~ i O r . ~ ~ `O ~ a .f 1 ~ 1 J ,; ~~ . / n 90 ~. u • , 111 /200 I( _11 / .O ~ ~... ^~ O `r 111 1111 O ~ 11 1 11 . II 1 o 0,.~ • t ` ~ i' ~ 11 1 ~~ ~ i ~ Q ~~ 0 •R 1 ~ 0 ~i i ~O M1 a`ro ' 300 -- .~ O ~ ~ i • b Q ~i i Q 300 O . ~ \ . G~ / • \ O 1 r ~l _ ~ g ~ 0 ~_ til ~~_- -- Z5a 11 - • 9 ~~ 1 9 1 ~/ \ it ~ 1 l // ~ ~ O 1 1• _ ~~ i ~ 4~ ~ 'i / _ 'L /j U ~. . 11 f _ i .j50 I 11 \~ O •. ~_ i S~ ~- • • 11 ~~ 1~ Io(Q t+V~e~ Project/: Scale: uso.w ~~ zooo Figure 1- USGS Quad. Project Date: 11- ~ Soil & Environmental Consultants, PA Mgr.: wC 15-2005 Wrrt. G. Daniel 8~ 11010 Raven Ridge Rd.• Raleigh, NC 27614 Associates (919) 846-5900 • (919) 846-9467 -Penny Property Web Page: www.SandEC.com 16T Acre Site Garner Quadrangle Wake Countv. NC ~~ -~ t '~` 4 , ?i~~-. ~'SJ\ ice. i C~-`~~~\ // iy ~1 _ /~~~r ~'~; ~~~Z~///i /.mot ,.~ ~• ._~ ~~ _ 3 _ ~ ~ ~ / ~ t ~', C _` v _ _ ~' ~ '~ ti - ~. ev _ ~ s _~ /~ P ,'~. ~ ~~~ , . ~~ ~. i ,_ , _ i , ~ ~ ~, _ G )~'` ~ 7 ~~ C _ Y Al 1 ~ \~ // t „'~ i \ t - ~ r ~-- ~. I ~~~~ .. / ~tr2b..z ~ y --~ f3~V ~ / z ~~ ' i ~ i , \ r i t j 1 ~ % ~ ~ - ~ 1 ci ,.,~ ~ -- ~ ~ _.- ice/ ~ ~ _ ~ ~~ VJ4c~~F~fk~ ~~ Yv,J ` (t- - ~ `\1\~_y`,~~,, ~ , Y ~ '_ ~'"_'~\li ~ ~' ,~~ 1~ r /~~ '~ C ~~•., ,~ t .'{~k/Pr1~T\tic~ 3P~l! feu ` Y`";,.r~~ ~A R~\ ~'.1 '~' ,~ ~C 1 \ ~ r.lk` r rL- { .=~ / I, , ,~~ / y~ t ~ l ~` ,~ ~ A`te',! i ~t~~ / ~,~~ ~ FG ~'~ ~~ ~\t ~~ I ~1~ ~ ~1 ~ ~ ~JkE J u1-~_~~ ~ ~, ~ ~:, ~ *., M ~' tt cB ~ ~t,l / ' ~~~~` ~~~ ` ~ ~ \ ; ~ _ ~ tvle 7 ~~ i 7 ~. II r ~ ~ ~ ~ ` ~ LaD ,~''CuB2 ~' ~`_~ _~ n C 1 ~~~ ~ •'^\~ cr`_2 ~'1 ', r ~ C ~t-c\Y_y~= i•pE_I ~~ ~i'1 i / ? \ ~ ~ l ./ t LoG . ~\.Me ,m ' ~, _ - ~Di,' y~ u`~ t ~ ~ Lo~~ w.! \ ,l ~:~ ~~.- t , ~ ~ ~. ~' ~! { (~ 4~~2 ~c\, / -~~_~,~ ~ ~ ~ ~ { ~ jl / /~, Y~,~ ? , ;.`~F ~ Jz ~`/ ' a ~ ~ wt.?~ ~ v r le L ~, ~~~~ ~/ ~ >~ f~ J { ~ ATE.; . ~ ~Q~ ;1 ' LcC \ i ~ \ ~l ~ `~~ \\~ ~~~~, 1 ~ :~4^ \ Fez , ; ~ l ~ ~w,h~'~~ `.~ r'\-. s ~~ - \-~.".r ~ ~ \\ <~t5 ~ • ., f OB . ,T4}77 y : / ` ~,,/~C f - (t/~ fie( -~ , ~ _ } APB2~~, ' ~=~ ~1.~~~. oG f4Y'rtE ~`. ~~ ~LoC ~_)~ 4'~Y. ~,:, t A~2 ~ ~~~ ~ h'm,C ~ \~ t~' ~ / ~I o~ !^t ~ ~ ~ / I ' r~~`' \1 f '~`--^~ ~9l`1 ~~ ~~. _ ~~ _: ~/~ ~ r n ~ ,~ - 1 I~ ~~ ~ ~ ~ ~\ ~ ~~ ~~ t ~~ v Vim: ~~s' ~~ ~ ~ A ~, ~ ~ ~oD ~ ~ ~ , _ .,: S _ %'- Project#: Scale: 8450.W2 1•=1320' Project Date:11- Mgr.: WC 15- 2005 Figure 2 -Soil Survey Wm. G. Daniel 8~ Associates -Penny Property- 167 Acre Site Sheet 79 Wake County, NC ~ Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com /1( ~~~~ Project A: Scale: - 8450.W2 1"=1320' Project'> oate: 11- Figure 2 -Soil Survey Soil & Environmental Consultants, PA Mgr.: WC ' 15_ X05 Wm, G. Daniel 8~ ~ 11010 Raven Ridge Rd.• Raleigh, NC 27614 Associates (919) 846-5900 • (919) 846-9467 -Penny Property- Web Page: www.SandEC.com 167 Acre Site Sheet 79 - Wake Countv. NC ~ ~~ ~ `= t Gti ~- - F~f bt ~- , C rvs ~ ~~ ~ ., ~, ,. !:- VV A T Michael F. Easley, Governor F F William G. Ross Jr., Secretary D ,.:...~:.. ~R O~ `~ ~G North Carolina Department of Environment and Natural Resources y Alan W. Klimek, P.E. Director ~ j Colleen H. Sullins, Deputy Director 4 ;. ;~,., ~ Division of Water Quality ..~~ - ~" ~~~- ~c~.,~~r•, lar 2~.; Cp RRO# C~ Q - Opss County: ~ A~~ ~~ ~L ~o ~~, J~ ~~~Od .' ~~ r ~ L ,~'Lle t i JAN 17 2006 ~ Attn: iW - V~c--`ter ~o~t By: Soil & Environmental Consultants, PA BASIN: _Neuse River }~ Tar-Pamlico (15A NCAC 2B .0233) (ISA NCAC 2B .0259) Project:~t~ k~ ~~ ~~ • ~ Z ~Pro~e-r~)- Location of property: ~. ~4.~es•iC ~ ~ ~-~.e ~~n~e.r~~c-~'ov~ d ~ R~.I~Q~ar~ ~2,~ . ~~ Pe.a~ The feature(s) havethes been field verified on (~ t O - ~ Features Not Subject 5ub'ect Start Sto Stream Form Pts. Soil Surve USGS To 0 Q / ~ ti/ ~ TC C / ~` ~ .. N / / t/ v Explanation: The feature(, listed above has or have been located on the most recent Qaper copy of the Soil Survey Map and/or the most recent copy of the USGS Topographic Maps. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that aze 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 listed above but, still maybe a jurisdictional stream according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall expire five (5) years from the date of this letter. Raleigh Regional Office 1628 Mail Service Center ~~iLC.`£i •.~ Water Quality Section Raleigh, NC 27699-1628 phone (919) 791-4200 Customer Service facsimile (919) 571-4718 1-877-623-6748 1 i 1 L/2U06 Page 2 of 2 Tlris on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties that dispute a determination made by t/ze D lVQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by t/ie Director. A request for a determination by the Director shall be referred to the Director in writing c/u Cyndi Karu[y, DWQ Wetlaruls/401 Unit, 2321 Crahu•ee Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Loca[ Authority that "exempts" a surface water from the buffer rule mcry ask fur arc ad jrnlicntory hearing. Yua rnrrst act -vithirr 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time clues nut start until the affected party (including du-wutream and adjacent landowners) is notified of tlri.c dcc•ision. D 1! O reconurrerrdc that the applicant conduct this notification in order to be certain that tlrir•d party appeals are made in a timely manner. To ask for a hearing, send a written petition, which cunJorars to Chapter 1548 of the Na•th Carolina General Statutes to the Office of Administrative Hearings, 6714 Mall Service Center, Raleigh, N. C. 27699-(714. This deternruuuiurr is final and binding unless you a.~•k for a hc~nrin; within h0 dups. The (owner/fixture o-vners) should notify the Division of ~i'ater Quality (including any other Local, State, «ud Federal Agencies) of this decision concerning any future curresponderrces regarding the subject property (stated above). This project muy require a Sectiua 404/401 Permit for tl:e proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Arney Curp of Engineers (Raleigh Regulatory Field Office) at (9I9)-876-8441. Respectfully, Michael Horan Environmental Spec. I CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 1`'~O~t'~ ~C~S , US Army Corps of Engineers, Raleigh Regulatory Office File Copy CenU-al Files ~If f Project ~: Scale: --~ 8450.YV2 1"=1320' Project, . Date: 11_ Figure 2 -Soil Survey ' Soil & Environmental Consultants, PA INgr.: we Wm. G. Daniel 8 ~ 15-2005 11010 Raven Ridge Rd.• Raleigh, NC 27614 Associates (919) 846-5900 • (919) 846-9467 -Penny Property Web Page: www.SandEC.com 167 Acre Site Sheet 79 Wake County, NC L. ~ -~U ~~ . , t_~ t1 N ~ 11 ~t _ C4 C ~'v,S b ~, ~ ~ ~ ,. ~' ' ~>`~ ~~t~'t ids ~`:t~r~ , ~\~j1// ~i 2 / \ ~ ~ ~ • ~ ~ N ~ I 2 ~- ~ ~+./~ U b - ~ ~~ ~ n ,~ r- r-~ ~.~ . . /y ~, _. , ~~ i ~ ~ i . a - ~/ _ O J~ ~ by ~ ~' `~ ; v \ i~ ~} ~ I~ 0 ~ I a 9 I %~ ~ ' , u' 11 J izoo /.. ;~ . = 'D • i ~~~~ O ~, . In Iln t O O ~ / •n nI n. '~ ;i ' 1 O 11 ~ ti ~~ 300 - .~ .; 0 .b 0 .i i p 90~ 0 . ~ i \ God r . l~ ~ O 1!. 3 ~ g O ~ ~~ 11• ~ ^-- z5~ ~' '. • i 9 i i ~ I u~ ` II 1 J 1/ ~~ t j. - r O _ ,~ 47 / 4~ ~ ~~ / ~~ « II I ,< . r ~- i so II 3 Il n O .. I I ~ ~ ~~? I O CQ {(~llQ.~ Project /: Scale: u~ow '• 200 Figure 1- USGS Quad. Project Date: 11- ~ Soil & Environmental Consultants, PA lAgr.: WC 15-2005 Wtr1. G. Daniel 8~ 11010 Raven Ridge Rd.• Raleigh, NC 27614 Associates (919) 846-5900 • (919) 846-9467 -Penny Property- Web Page: www.SandEC.com 167 Acre Site Garner Quadrangle Wake Coun , NC .;~ .: ~i _ _ ~ ~ ~- 1 l l~'1 a A- ~ ~ ~~ ~ f ~ ~~` ~ i f~ t ( r r. i JJo y:~ y ~ - " ~~ ~5~~ ): ~~~ 1~'-~'~`-~~ ~f~r/5TH G ~ J ~i .~~ A~ ~ = ~ ~ e~y) ~.~~(i ,~ J \ 1 F~ J O f ~ J ~ ~ ~ vFY.w 1 ~ ~ ~l i ~• r, \ V ~ G YJI. Af,.~~ ~,t ~'~cf ~_T ~, \, ~.:~ ~~ 1 it~C' - r- yip ~`r~ ~`y! J r` ~\`. i ~~ ~~~ L1~~V'c~ 31a-lr,U ~ s,r'~ ~.. ~qr ~~ 'J i~ ~v~ l ~ ~ ~ '( l l'1 `~_ ~~1 ~- . 1 Qi.;~1~„~ ~T\~ ~' ~ ~ Pr ~ A~E2 t~9 .~~oa p`3 A~~ 11~ ~~~~ ~ ____ ~/ -~ p w i ~ -11 ~ ~ ~ ~ i ~!`--~ M~•_~~.\~~~Y~\~~C\\~~\ 4CYfvi BPD\~ ~ItC.,~~ a~;" ~~~lIIuII ~~ r~ lam) /~ " ~~, >+r{~ , -'~c_ C ~ x~ ~~~ ~t i ~ ~; , ~~ t4, a ~. LOD ~~~~22 ~ '-- ~_ -L i ~ (; f 41-02 ~ % ~~;, L ``~~--_i% III ~ ~,~~ !~J~e~`I' .~ >< ~ ~~ nPC ! F ;~ - ~ k -fir ~\ ~`_~~ ~C Y ~--~~. h ~~f ~A~ ~.. 1 ~ A / ': il~ ~~i ~ y~/ ~,-. ~`` A o7. _\\`~~''JU'=; ~ \ r `~-"``i!"'~Y ~. \ ~ Vic- ll~i~%, ~`f i A-a~1'( `~~ 4 ~ \ ~ e'I t i ter` _. ~ ~ D._,. r ~ ~~ ~ ~p ~ ,- v _ \\\ nJ ~ ~...\t i ~ ~ v fJ ~i- "hr ~ ~ ~. ;a?GL~ /! ~~~" ~ ~. `~///U i i/ ~~1: i ' \~~-~~~_ /~~A~~- 4' Jr' ~\v. ,5~~ `,_:~ ~/ i 1hor ,/,S``~%~ ~1 i, fJ/ „d. cr)tl {~r~~ {.- rl~I~,I:~. ~PC2~ C~ ~1 / _ ~ ~~ ~~ ~ f , o / i I~r V'` i t~~~G~ 1 c / 'lr ~ .(\ /l~ •LnL~' "_ ~ ): ~ ` ~; ~~1- -: - ~ 9 ` ... z - _ t~- _- ~~ -~ ~ ~ ~ AAS~ \ ~O \ LoC ~ ~ ii \ ~ L I ~~ _~~ ;- ~,. _, r ~ ~ ~ r,,~ ADC2 .~ ~ , ~ ~ lT, ~ A ~~^ ~~ ~ ~ \ %?~ ~ ~ '~ ~ 1, ~ ~ y ;~ ri~ma /~~~D~~~~1{JJo\`"r ~/`~i~~ '~, I, rr\.~ \~ t APC ~ ~trC SfmCZ ? ~ ~\W~,: `J ~~ f~ ~~.' ,.LoB, ~ ~ ~'~C LqR ~~ ~' Ap62\i- 1 ~ - '`LoC 4a~ ~ \ s ~ Ppa9 ~\ W~, APC2 ~ _ - ~ ~r- ~k-~,. \NkE \~ ~~, a `. ~LoC ~~' \ r ~Rth~ - _-_`_~ ~ ~`' ~ ~ ~ j _ ~~-"+ ~.o ~ ~ -1 ~~ ~~ ~ h ~ ~ JF ~ ~ ~.~ ~ WmB i YJk'= ~., -~ I ~~~~~ ~ ~.y E~n~G. ~ .4oC vO, u~ ~ r l _ 4\ ~;, L\o ~. \ . ' / l Apl'` I\~I~\~ ~' f { o~~j~ `` l \~~ \ \ ---- \ / APC '1\ ~, r~pt^~~; ~ ~ Dy-~.-._ ~~j m~~~ F"~ 111_1. ~i.~ .~ ..~~r t i-. \~ \E1PJl !' =~_'_~ Project #: Scale: 8450.W2 1"=1320' Project Date:11- Mgr.: WC 15- 2005 Figure 2 -Soil Survey Wm. G. Daniel 8~ Associates -Penny Property- 167Acre Site Sheet 79 Wake County, NC ~ Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com Y - ~,;~ stem PROGRAM December 19, 2006 William Hardin Pearl Creek Partners 5201 William & Mary Drive Raleigh, NC 27616 Project: Pearl Creek County: Wake The purpose of th'cs letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP} is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of We issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the fnllnwina tahle_ Neuse 03020201 Stream (feet) Wetlands (acres} Buffer I S . Ft.) Buffer II (S . Ft.) Cold Cool Warm Ri arias Non-Ri arias Coastal Marsh Impacts 0 0 289 0.049 0.075 0 0 0 Credits 0 0 578 .098 0.15 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts. If the Section 4(?4/401/CAMA permit(s) specify mitigation credits greater than indicated above additional mitigation credit will need to be requested by the applicant. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, ~• ~=~ ~ Wt D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Jamie Shern, USACE-Raleigh (200632508-292) Mike Horan, DWQ- Raleigh Debbie Edwards, agent File R~estoY' ... Pao Ou.,y' Stair, u-t~... ~ >~i-.c; North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27899-1 652 / 91 9-7i5-0476 /www.nceep.net _ __ _~ ",,,r" ", ,~ i ,wi i• vw~x w~ i Ln1YVJ 717 f JJbt37J O~o~ ~ A fi~g~G _~ ~_ ~ d ^S December l 1, 2006 EXPRESS REVIEW ,A,CCEPTANCE luE')<'TER Pearl Creek Partners Attn: Mr. William Hardin 5201 William & Mary Drive Raloigh, NC 27614 Project lYame: Pearl Creek Dear M,r. Hardin; Alan W, K,limck, P.E. Director Division or Water Quality Wake County On December 7, 200&, the 401 GversighdExpress Permitting Unit of the Division of Water Quality received a request from Debbie ]~dwards of Sail & Envirotunental Consultants, PA, regarditlg a project known as "Pearl Creek" for acceptance ittto the Express Review Program. This letter advises you that your project will be accepted into the Express Review Program once the following items are received: 1) The application fee of $2,000,00 jfor 401 Water Quality Certification with major impacts], made payable to the North Cazolina Division of Water Quality]; 2} Fivc (5) complete and collated copies of the PCN Application; 3) Qne (1) copy of the 1?CN Addendum; and 4) .>" ivc (5} copies of all site plan infonmati.on pertaining to this project (please refer to the Addendum htt~:/IhZo.eor.state.ne.us/ta cwetla ads/documents(.MicrosoftWord- PCN A,ddcndum l0 01 _06 OOO.rxlfl. Thank you for your attention to this matter. 'I're clock for this project will not start until t,uceipt of the completed application package and required fee are received. Do to lack. of staff availability, the $pplication package will not lbe accepted until Aeeember 27, 200G. if the impacts are greater than indicated on the Initial Interest Form andlor the services are different, you may be required to remit an additiorlal fee. if you have any questions or wish to discuss these matters further please do not hesitate to call Cynthia VAtr Dcr W iele at 919-715-3413 or Lia Myatt at 9].9-733-9502. Sincerely, yndi Karol ,Manager 4011Express Review Oversite Unit C]3K/Ienz cc: File copy Debbie Edwards, S&EC, 110]0 Raven Ridge Rd, Raleigh, NC 27614 N~ctltCarolina 41110verslght l Express Review Permtttkig unn ,Na~tlrRlllf 11150 Mall S®rvlt~ Ccnler, Raleigh, P1oM Cantina 27699-1650 2321 Crebtroa Boul~varC, 5ulta 25U,12e12igp, NORh Catofma 27604 Pflotle; 919-733-17881 FAX 519 733893 t intert-et latta'lM2a am irate nc usfigysll,airQ~ An Equal OpporttmttylA~trmatlvo Actlott EmpWyer- 50% Re~ycledJlO°6 Post ConsumerPaper 1 U : J~i46 J46 f F' ~ ~ ~ ~ Michael F. Easley, aovemor William G. Rase Jr., SecreV,ry North Carolina Department of F,nvironment and Natural ReQpurccs a1C3 Raleigh Comprehenssve Pla^ Southeast D!strict Plan 5-7 A