Loading...
HomeMy WebLinkAbout20170021 Ver 1_Riparian Buffer Authorization_20161230'J McADAMS December 22, 2016 Ms. Karen Higgins NCDWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Neuse Buffer Authorization Blanche Drive Townhomes Cary, North Carolina KBR-16010 Dear Ms. Higgins: On behalf of Lennar Carolinas, LLC, we are applying for a Neuse Buffer Authorization associated with a project known as Blanch Drive Townhomes. The subject property is located on the south side of Blanche Drive north of the intersection of I-40 and US -54 in Cary, NC. The site drains to Richland Creek, which flows northeast across the southeast portion of the property. The site is within the Neuse River Basin. The following are included in this Neuse Buffer Authorization modification request: • Signed Agent Authorization Form • Fig. l - USGS Quad — Raleigh West • Fig.2 - Wake County Soil Survey (Sheet: 47) • Fig.3.1 - Existing Conditions • Fig.3.2 - Existing Conditions with Aerial • Fig.4 - Buffer Impacts Exhibit • Riparian Buffer Authorization Form • USACE Jurisdictional Determination (Action ID: 2016-01303) The John R. McAdams Company, Inc. • NCDWR Buffer Determination (NBRRO #16-183) Raleigh I Durham, NC PROJECT LOCATION: The subject property (PIN: 0774543539) is located 2805 Meridian Parkway Durham, North Carolina 27713 on the south side of Blanche Drive north of the intersection of 1-40 and US -54 in (919) 351-5000 Cary, North Carolina. The subject property is 7.05 acres, and is currently owned by MS Holding Company, LLC (Figs 1-3). Charlotte, NC 3436 To6ngdon Way Suite 110 Charlotte, North Carolina 28277 (704)527-0800 McAdamsCo.cam Designing Tomorrow's Infrastructure & Communities 'J McADAMS Ms. Karen Higgins NCD WR — 401 & Buffer Permitting Unit Blanche Drive Townhomes Neuse Buffer Authorization December 22, 2016 Page 2 of 3 PROPOSED PROJECT: The proposed townhouse development project known as Blanche Drive Townhomes will consist of 36 to 38 townhomes on the 7.05 -acre parcel. The townhomes will be 24 feet wide, three stories tall, and include a two -car garage. The proposed project will be developed by Lennar Carolinas, LLC. The townhome development will include private streets with common access and a single above -ground stormwater control device. NEW SANITARY SEWER CONNECT IMPACTS: To obtain sanitary sewer service for the proposed townhome community, it will be necessary to connect the development to the existing sewer line that runs through Zones 1 and 2 of the Neuse buffer along Richland Creek. The new sewer connection will cause 320 sf of permanent buffer impacts to Zone 2 of the Neuse buffer. There are +/- 895 sf of Neuse buffer within the proposed limits of disturbance that have been previously impacted by the existing sanitary sewer easement. No impacts to streams or wetlands are proposed. All the newly proposed impacts are deemed allowable according to the Neuse River Basin Riparian Buffer Rules Table of Uses. PROPOSED RIPARIANBUFFER IMPACTS: Impact Location Impact Type Impacts (square feet) Zone 1 / Zone 2 Figure 4 (perm)Sanitary sewer 0 320 connection TOTAL IMPACTS — FIGURE 5 0 320 Note: All Uses are Deemed Allowable within the Neuse River Riparian Buffer Rules Table of Uses. AVOIDANCE and MINIMIZATION: Impacts to jurisdictional wetlands and streams have been completely avoided while impacts to riparian buffers have been minimized to the maximum extent practicable. KBH-16010 'J McADAMS Ms. Karen Higgins NCDWR — 401 & Buffer Permitting Unit Blanche Drive Townhomes Neuse Buffer Authorization December 22, 2016 Page 3 of 3 DIFFUSE FLOW: Since the proposed project is located with the Neuse River Basin, it is subject to the diffuse flow requirements. Diffuse flow is being achieved through construction of a wet pond which will remove at least 30% nitrogen. Additionally, the proposed facility has been sized such that post - development peak flow rates are no greater than pre -development levels in the 1-, 2-, 5-, and 10 -year storm events. Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please do not hesitate to contact me at (919) 287-0895. Sincerely, McAdams Company Kevin Yates Senior Environmental Consultant Project Manager Enclosures KBH-16010 ilyth-nental Consultant 'J 1VICADAMS AGENT AUTHORIZATION FORM All Blanks To Be Filled In Name: MS Holding Company, LLC Address: _2801 Sandia Drive, Raleigh, NC 27607-3171 Phone: Email: Project Name/Description: Blanche Drive Townhomes Project Number: KBH-16010 Project Manager: Ryan Akers/Kevin Yates Date: December 16, 2016 U.S. Arany Corps of Engineers Attn: Tasha Alexander Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the undersigned, hereby designate and authorize The John R. McAdams Company, Inc. 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. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. � Q 0 Print f Signature Date Raleigh-Durham Charlotte 2905 Meridian Parkway 11301 Carmel Commons Blvd., Suite 111 Durham, North Carolina 27713 Charlotte, North Carolina (919) 361-5000 (704) 527-0800 Designing Tomorrow's infrastructure & Communities McAdamsCo.com V=, A-IFCT PROF r—sai &S, *ourees�EsrHERE, Dei N!RC�N, i��J,.apaF, MrE TSI q Maprmgl;ndi�a�© Ope;n;tre'e Co y�rig :OO`*2013�ational SLANGHE DRIVE TOWNHQ NEUSE BUFFER IMPACT PERMIT FIGURE 1. VICINITY MAP 00 DDrI MrT If- wiaw-i ani n r. g 1 F-61 ■ r r P _ � IIY PROJECT AREA ■ WATER RESOURCE ,,� IIV FEATURE A -I oft USGS• SOIL SURVEY SHEET 47 WAKE COUNTY NORTH CAROLINA LAT- 35.795736 N- LONG- -79.745712 W N BLANCHE DRIVE TOWNHOMES NEUSE BUFFER IMPACT PERMITTING " FIGURE 2. SOIL SURVEY EXHIBIT o 100 200 400 PROJECT #: KBH-16010 1 MH Feet c A DA rv� S finch =2oofeet CARY, NORTH CAROLINA GENERAL NOTES: I Legend 1. PROJECT AREA (DEFINED TO BE WITHIN THE LIMITS OF DISTURBANCE CORRIDOR) : +/- 4.97 ACRES I 2. OWNER: MS HOLDING COMPANY, LLC 2801 SANDIA DRIVE RALEIGH, NC 27607 3. DEVELOPER: LENNAR CAROLINAS, LLC 909 AVIATION PARKWAY, SUITE 700 MORRISVILLE, NC 27560 CONTACT. MITCH HUFF EMAIL: MITCH.HUFF@LENNAR.COM I -- LIMITS OF DISTURBANCE I I • • • • • EXISTING TREE LINE I j — EXISTING EDGE OF PAVEMENT ! ------ EXISTING SANITARY SEWER I I EXISTING SANITARY SEWER EASEMENT I 4. THERE ARE +/- 500 LF OF STREAM WITHIN THE PROJECT SITE (OUTSITE THE LIMITS OF DISTURBANCE). I EXISTING 2 -FT CONTOURS 5. THERE ARE +/- 0.015 ACRES OF WETLANDS WITHIN THE PROJECT SITE (OUTSIDE THE LIMITS OF DISTURBANCE). I EXISTING STREAM = +/- 500 LF I 6. THE SUBJECT PROPERTY IS LOCATED WITHIN THE NEUSE RIVER BASINHUC: 03020201 AND SUBJECT TO THE ( ) EXISTING WETLAND = +/- 657 SQ. FT. (0.015 AC.) NEUSE BUFFER RULES. I 7. STREAMS AND WETLANDS WERE FLAGGED BY SAGE ECOLOGICAL SERVICES ON JANUARY 7, 2016. , ZONE 1 NEUSE BUFFER = +/- 26,390 SQ. FT. (0.606 AC.) 8. THE USACE ISSUED A PRELIMINARY JURISDICTIONAL DETERMINATION CONFIRMING THE LIMITS OF i ZONE 2 NEUSE BUFFER = +/- 15,530 SQ. FT. (0.357 AC.) JURISDICTIONAL STREAMS AND WETLANDS ON JULY 22, 2016 (FILE NO.: SAW -2016-01303). ! ZONE 3 CARY URBAN TRANSITION BUFFER = +/- 36,050 SQ. FT. (0.828 AC.) 9. THE NC DWR ISSUED A BUFFER DETERMINATION ON JUNE 16, 2016 (NBRRO #16-183). � r � I I I I I ! i i I. I. I. I ! I .I� I I I • • • — ---- ------ ♦ • • • • • • ri. .* ------------------ ---------- ---------------- r _ �- ------------ -------------- ---I� • . a. ------------- ------------- I!: ! _ • I IVIS-�-IO.LDING_ COMPANY, LLC • `I • PIN: 0774543539 r r 'Iz _< _ • DB 11160 PG 492 ' NOTES: 1. ALL DATA FROM • l l ; i EXISTING AZALEA DRIVE SF OR 7.0470 ACRES .... p0 �, • (VACANT) ------ '� !! i .---- �. l a. • i. I i m . jl ; i I �o • ! ! �. j< • I _•. i------------------------------------- Ii m I. • ! a_ - ----------- • I I • j WETLAND A ! ' • • +/- 657 SQ. FT. I, . • II • `��o (0.015 AC.) ! '� II' j -_ _. __ i . EXISTING TOWN OF CARY SANITARY SEWER EASEMENT- •: ���•�� e - MCADAMS SURVEY STREAM A �• /- 500 LF 30 -FT ZONE 1 NEUSE BUFFER .x 20 -FT ZONE 2 NEUSE BUFFER '�• ♦`'` ti 50 -FT ZONE 3 URBAN TRANSITION BUFFER ILE LOCATION: X:\Projects\KBH\KBH-16010\Storm\wetlands\GIS\KBH16010 FIGURE 3.1 EX COND 24X36.mxd 'J McADAMS BLANCHE DRIVE TOWNHOMES NEUSE BUFFER IMPACT PERMITTING FIGURE 3.1. EXISTING CONDITIONS EXHIBIT CARY, NORTH CAROLINA )000- z 0 50 100 200 Feet 1 inch = 50 feet DATE: JOB NO: DRAWN BY: 12/22/2016 KBH-16010 KKR GENERAL NOTES: 1. PROJECTAREA (DEFINED TO BE WITHIN THE LIMITS OF DISTURBANCE CORRIDOR) : +/- 4.97 ACRES 2. OWNER: MS HOLDING COMPANY, LLC 2801 SANDIA DRIVE RALEIGH, NC 27607 3. DEVELOPER: LENNAR CAROLINAS, LLC 909 AVIATION PARKWAY, SUITE 700 MORRISVILLE, INC 27560 CONTACT: MITCH HUFF EMAIL: MITCH.HUFF@LENNAR.COM 4. THERE ARE +/- 500 LF OF STREAM WITHIN THE PROJECT SITE (OUTSITE THE LIMITS OF DISTURBANCE). 5. THERE ARE +/- 0.015 ACRES OF WETLANDS WITHIN THE PROJECT SITE (OUTSIDE THE LIMITS OF DISTURBANCE). 6. THE SUBJECT PROPERTY IS LOCATED WITHIN THE NEUSE RIVER BASIN (HUC: 03020201) AND SUBJECT TO THE NEUSE BUFFER RULES. 7. STREAMS AND WETLANDS WERE FLAGGED BY SAGE ECOLOGICAL SERVICES ON JANUARY 7, 2016. 8. THE USACE ISSUED A PRELIMINARY JURISDICTIONAL DETERMINATION CONFIRMING THE LIMITS OF JURISDICTIONAL STREAMS AND WETLANDS ON JULY 22, 2016 (FILE NO.: SAW -2016-01303). 9. THE NC DWR ISSUED A BUFFER DETERMINATION ON JUNE 16, 2016 (NBRRO #16-183). IMPACT TOTALS LEGEND -------- LIMITS OF DISTURBANCE • • • • < EXISTING TREE LINE *:Q.119I►[H21 Big] 190l0w_\T/al►VA 1A►11 — – EXISTING SANITARY SEWER EXISTING SANITARY SEWER EASEMENT EXISTING 2 -FT CONTOURS EXISTING STREAM = +/- 500 LF EXISTING WETLAND = +/- 657 SQ. FT. (0.015 AC.) ZONE 1 NEUSE BUFFER = +/- 26,390 SQ. FT. (0.606 AC.) ZONE 2 NEUSE BUFFER = +/- 15,530 SQ. FT. (0.357 AC.) ZONE 3 CARY URBAN TRANSITION BUFFER = +/- 36,050 SQ. FT. (0.828 AC.) PROPOSED 1 -FT CONTOURS tv 00 0 Wo 0 00 000000 PROPOSED I • ,� STORMWATER { I DRAINAGE r" I !' I 4 : : - --_ 1 PROPOSED STORMWATER POND I , ,. G) • • • • 0 PROPOSED TREE LINE PROPOSED EDGE OF PAVEMENT ------ PROPOSED SANITARY SEWER „ EXISTING AZALEA DRIVE WETLANDA r; I 657 SQ. FT. I (0 { I - i .015 AC.) r EXISTING TOWN OF CARY` • SANITARY SEWER EASEMENT STREAM A +/- 500 LF 30 -FT ZONE 1 NEUSE BUFFER 20 -FT ZONE 2 NEUSE BUFFER 50 -FT ZONE 3 URBAN TRANSITION BUFFER _ ZONE 2 NEUSE BUFFER IMPACTS = +/- 320 SQ. FT. (0.007 AC.) ® ZONE 3 URBAN TRANSITION BUFFER IMPACTS = +/- 1,404 SQ. FT. (0.032 AC.) PREVIOUSLY IMPACTED NEUSE BUFFER = +/- 895 SQ. FT. (0.021 AC.) PROPOSED TOWNHOME ZONE 3 URBAN TRANSITION BUFFER IMPACTS +/- 1,404 SQ. FT. (0.032 AC.) .Y � ZONE 2 NEUSE BUFFER IMPACTS PREVIOUSLY IMPACTED NEUSE BUFFER +/- 895 SQ. FT. (0.021 AC.) PROPOSED WATER LINE PROPOSED UTILITY EASEMENT PROPOSED STORMWATER DRAINAGE PROPOSED STORMWATER POND w:101gem A919010191V69: 4GV PROPOSEDLOTS PROPOSED BUILDING PROPOSED WALL NOTES: 1. ALL DATA FROM MCADAMS SURVEY 0 5 100 ZOO ' zm Feet 1 inch = 50 feet FILE LOCATION: X:\Projects\KBH\KBH-16010\Storm\wetlands\GIS\KBH16010 FIGURE 4 BUFFER IMPACTS EXHIBIT 24X36.mxd BLANCHE DRIVE TOWNHOMES NEUSE BUFFER IMPACT PERMITTING FIGURE 4. BUFFER IMPACTS EXHIBIT CARY, NORTH CAROLINA McADAMS DATE: JOB NO: D RAW N BY: 12/22/2016 KBH-16010 KKR Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1 a. Name of project: Blanche Drive Townhomes County: Wake -1b. a1c.Nearest municipality: Cary 1 d. Subdivision name: 1 e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer 1f below. ❑ Yes ® No ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? 2. Owner Information 2a. Name on Recorded Deed: MS Holding Company, LLC 2b. Deed Book and Page No. DB: 11160 DP: 492 Deed Date: 12/27/2004 2c. Map Book and Page No. l (include a copy of the recorded map that indicates when the lot was created): 2d. Responsible Party (for Corporations): Tim Nau 2e. Street address: 2801 Sandia Dr. 2f. City, state, zip: Raleigh, NC 27607-3171 2g. Telephone no.: 215-599-2180 2h. Fax no.: 2i. Email address: 3. Applicant Information (if different from owner) 3a. Applicant is: ® Agent ❑ Other, specify: 3b. Name: Mr. Mitch Huff 3c. Business name (if applicable): Lennar Carolinas, LLC 3d. Street address: 909 Aviation Parkway, Suite 700 3e. City, state, zip: Morrisville, NC 27560 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Mitch.huff@lennar.com 4. Agent/Consultant Information (if applicable) 4a. Name. Kevin Yates 4b. Business name (if applicable): McAdams Company 4c. Street address: 2905 Meridian Parkway 4d. City, state, zip: Durham, NC 27713 4e. Telephone no.: 919-361-5000 4f. Fax no.: 919-361-2269 4g. Email address: yates@mcadamsco.com B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0774543539 1 b. Site coordinates (in decimal degrees): Latitude: 35.795622 N Longitude: -78.746124 W 1 c. Property size: 7.05 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Richland Creek 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Class C/NSW Neuse River Basin (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 located on the south side of Blanche Drive north of the intersection of 1-40 and US -54 in southwest Wake County. The 7.05 -acre subject property is currently owned by MS Holding Company LLC. The entire property is forested. Richland Creek flows northeast across the southeast portion of the property. The site has an established canopy of mixed hardwoods and pines. There is an existing sewer easement on the site that runs parallel to Richland Creek within Zones 1 and 2 of the Neuse buffer. As per the United States Department of Agriculture's (USDA) Natural Resource Conservation Service's (NRCS) Soil Survey for Wake County, the soils located on the Property are composed primarily of Appling and Chewacla sandy loam and Appling gravelly sandy loam. Appling sandy loam and gravelly sandy loam are well -drained soils that have moderately high to high permeability. Chewacla sandy loam is a somewhat poorly drained soil that has moderate permeability. The Property is situated in the piedmont region of North Carolina. The elevation of the Property ranges from t 404 to t 478 feet above sea level (asl). The only stream feature on site is Richland Creek (C; NSW), which flows through the eastern side of the property within the Neuse River Basin (HUC 03020201) for approximately 500 linear feet. There is also one wetland within the subject property totaling 0.015 acres. Richland Creek is mapped on the Wake County Soils Survey and the Raleigh West USGS quad map, and is therefore subject to the Neuse River Riparian Buffer Rules. • A jurisdictional wetland/stream delineation was performed by SEC on January 7, 2016. Ms. Tasha Alexander (USAGE representative) field verified the delineation on June 15, 2016, and issued a Preliminary Jurisdictional Determination on July 22, 2016 (USACE Action ID: 2016-01303). Laura Robertson (NCDWR representative) issued a Neuse River Stream Buffer determination on June 16, 2016 (NCDWR Project No. NBRRO #16-183). See Figures 1-3 for existing condition, and the accompanying Neuse Buffer Determination Letter. Land use within the vicinity of the project is mainly residential, commercial, and instutional. 3b. Attach an 8'/ x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site: FIGURE 1 3c. Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site: FIGURE 2 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: The subject property contains approximately 500 linear feet of perennial stream and no intermittent streams. 3e. Explain the purpose of the proposed project: The purpose of the proposed project is to provide residential housing in southwest Wake County, NC, 3f. Describe the overall project in detail, including the type of equipment to be used: The proposed townhouse development project known as Blanche Drive Townhomes will consist of 36 to 38 townhomes on the 7.05 -acre parcel. The townhomes will be 24 feet wide, three stories tall, and include a two -car garage. The proposed project will be developed by Lennar Carolinas, LLC. The townhome development will include private streets with common access and a single above -ground stormwater control device. NEW SANITARY SEWER CONNECTION IMPACTS (See Figure 4): To obtain sanitary sewer service for the proposed townhome community, it will be necessary to connect the development to the existing sewer line that runs through Zones 1 and 2 of the Neuse buffer along Richland Creek. The new sewer connection will cause 320 sf of permanent buffer impacts to Zone 2 of the Neuse buffer. There are +/- 895 sf of Neuse buffer within the proposed limits of disturbance that have been previously impacted by the existing sanitary sewer easement. No impacts to streams or wetlands are proposed. All the newly proposed impacts are deemed allowable according to the Neuse River Basin Riparian Buffer Rules Table of Uses. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property/ Comments. - 1 a. Project is in which protected project (including all prior phases) in the past? 4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: Sage basin? Name (if known): Sean Clark Environmental Consulting Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach 1 b. Individually list all buffer impacts below. If any impacts documentation. this form. • A jurisdictional wetland/stream delineation was performed by SEC on January 7, 2016. • Ms. Tasha Alexander (USACE representative) field verified the delineation on June 15, 2016, and issued Reason for a Preliminary Jurisdictional Determination on July 22, 2016 (USACE Action ID: 2016-01303). Stream name • Laura Robertson (NCDWR representative) issued a Neuse River Stream Buffer determination on June 16, Zone 1 2016 (NCDWR Project No. NBRRO #16-183). 6. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown impact this project (including all prior phases) in the past? Permanent (P) 5b. If yes, explain and detail according to "help file" instructions. i 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Buffer Impacts 1 a. Project is in which protected ® Neuse ❑ Tar -Pamlico ❑ Catawba basin? ❑ Randleman ❑ Jordan ❑ Goose Creek 1 1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number — impact (exempt, allowable, mitigation impact impact Permanent (P) allowable w/ required? (sq ft) (sq ft) or Temporary mitigation) T Figure 4 (perm) Sanitary sewer Allowable Stream A ❑ Yes ® No 0 320 CURRENTLY connection PROPOSED ............. Total buffer impacts 0 320 1c. Comments: All Uses are Deemed Allowable within the Neuse River Ri arian Buffer Rules Table of Uses. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to jurisdictional wetlands and streams have been completely avoided while impacts to riparian buffers have been minimized to the maximum extent practicable. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The design is for high density but all proper sedimentation and erosion control measures will be implemented. The design includes a stormwater management facility to minimize runoff. To minimize damage to existing trees, tree protection fence shall be maintained on the site until all site work is completed and the final site inspection is scheduled. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in the Erosion Control Plan sheet reviewed and approved by the Town of Cary. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground adjacent to the Neuse Buffer. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, tree protection, clearing only as necessary to install these devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore most of the buffer areas which will not be permanently impacted by the new sanitary sewer connection. 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer ❑ Yes ❑ mitigation? No 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact Multiplier Required mitigation (s uare feet) ((square feet Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 2c. If buffer mitigation is required, is payment to a ❑ Yes ❑ No mitigation bank or NC EEP proposed? 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ® Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ❑ Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. Since the proposed project is located with the Neuse River Basin, it is subject to the diffuse flow requirements. Diffuse flow is being achieved through construction of a wet pond which will remove at least 30% nitrogen. Additionally, the proposed facility has been sized such that post -development peak flow rates are no greater than pre -development levels in the 1-, 2-, 5-, and 10-vear storm events. F. Supplementary Information by First Class Mail via the US Postal Service: 1. Environmental Documentation OR NC DWR, Transportation Permitting Unit 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use ❑ Yes ® No Raleigh, NC 27604 of public (federal/state) land? For all other projects sent by delivery service 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑ No OR Karen Higgins environmental document pursuant to the requirements of the National or State (North NCDWR — 401 & Buffer Permitting Unit 1650 Mail Service Center Carolina) Environmental Policy Act (NEPA/SEPA)? Raleigh, NC 27699 - 1650 1 c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H.0500), Isolated Wetland ❑ Yes ® No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .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): Kevin Yates—= tZZ2,114 Applicant/Agent's Printed Name Applicant/ nt's Signature Da e (Agent's signature is valid only if an thorization letter from the applicant is provided.) Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent For government transportation projects sent by First Class Mail via the US Postal Service: by delivery service (UPS, FedEx, etc.): NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 For all other projects sent by First Class Mail For all other projects sent by delivery service via the US Postal Service (UPS, FedEx, etc.): Karen Higgins OR Karen Higgins NCDWR — 401 & Buffer Permitting Unit NCDWR — 401 & Buffer Permitting Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 2016-01303 County: Wake U.S.G.S. Quad: NC -Raleigh West NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: NIS Holding Company. LLC / Lisa Taylor Address: 2801 Sandia Drive Raleigh, North Carolina 27607 Telephone Number: 919-996-3285 Size (acres): +-7.05 Nearest Town: Raleigh Nearest Waterway: Richlands Creek Coordinates: 35.7955641 N, -78.77460071 W River Basin/ HUC: Neuse / 03020201 Location description: The project is located on Blanche Drive, Raleigh, Wake County, North Carolina. (PIN 0774543539) Indicate Which of the Followine A 1 A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands 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 final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands 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 waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tasha Alexander at 919-554-4884, ext. 35 or tasha.l.alexander@usace.army.mil. C. Basis for Determination: Based on information submitted by the applicant, the project area appears to exhibit criteria for waters of the U.S. as defined in 33 CFR 328, the JD Guidebook (i.e. Rapanos Guidance), the 1987 Wetland Delineation Manual, and the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. The approximate boundaries of the potential waters of the U.S. are depicted on the may submitted on June 15, 2016 labeled Blanche Drive Site. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 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 N/A. **It is not necessary to ubmit n RFA f,, -m to the cones ondence.** Corps Regulatory Tasha Issue Date of JD: July 22, 2016 Office if you do not object to the determination in this Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://reug latoiy.usacesurvgy.com/. Copy furnished: Sean Clark, Sage Ecological Services, 3707 Swift Drive, Raleigh, NC 27605 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: MS Holdin Attached is: LLC / Lisa Taylor FMe Number: SAW -2016-01303 -gate Ju See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of PROFFERED PERMIT Standard Permit or Letter of PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION A 0 0 SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at littp://NvNvw.usace.army.mil/Missions/CivilWorks/Retrulatol ProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: _ If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory. Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Tasha Alexander CESAD-PDO 828-271-7980 U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: Tasha Alexander, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 La Ma ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 06/15/2016 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Sean Clark 3707 Swift Drive, Raleigh, NC 27606 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District (Raleigh Regional Office) C C, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 0 Blanche Drive, Raleigh, NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake City: Raleigh Center coordinates of site (lat/long in degree decimal format): Lat. 35.795564 ON; Long. 78.7746007 Universal Transverse Mercator: Name of nearest waterbody: Richlands Creek °W. Identify (estimate) amount of waters in the review area: Non -wetland waters: }1-400 linear feet: 6 width (ft) and/or 0-0551 acres. COwardin Class: R3RS1 - Bedrock, Rocky Shore, Upper Perennial, Riverine Stream Flow: perennial Wetlands: +1-0.02 acres. Coward in Class: RP1 SS- Scrub -Shrub, Lotic, Riparian Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: NIA Non -Tidal: N/A 1 Sa E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): lyOffice (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): Z Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑✓ Data sheets prepared/submitted by or on behalf of the app ' consultant. Office concurs with data sheetsldelineation 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 ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: Raleigh West Quad 0 USDA Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey Soil Sheet 47 ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ✓❑ Photographs: ❑ Aerial (Name & Date): or Q Other (Name & Date): site photos ❑ Previous determination(s). File no. and date of response letter: ❑ 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. 3 This preliminary JD finds that there "may be" 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_CorMs and should not be relied upon for later jurisdictional determinations. Sig # nd date of Project Manager (REQUIRED) 4 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Estimated amount of Co Class aquatic Site Number Latitude Longitude aquatic Class ass resource resource in review area WA (wetland) 35.795224°N 78745289°W R3RS1 +/- 0.02 acre Non -section 10 - wetland Richlands Non -section 10— Creek 35795526"N 787449il'W I RP1SS +/-400 LF I non -wetland }_ 1 i B nche brli1z �0.Cy4`A571, r Lj t w r. t. , J- � � � I .� A� E � i. i ? l !_ 7 � � •: i f �, °��� i ter,: �'j a ¢1ti i • � j � i i i j � °° � 1 li � . � '! � i r + L � � -� �- � —�-, � v� 1 ` 408J "' J � . ,� } ' :' yv Do -_ r j WA01 TT strea 0 a\ .-A62 460 'f %r/ r ; ,/...1 f. �! !¢ .r _�S -,'_--'-'_""' �.�._l-^--. ``•� .....✓, � �,{t, f ! ` f '!!I �1. 1: {t r' I,/- � :�'- '- JJ� � �! � a Jit -. / 4-� �'"�� �� �J,�� 77 if Data Point DPA2 450 Data Point DPA [ F ,..^---�-,;...' �rft ,�.� •� �� { ",-� ; � ! � ' � l�)1 r .r _� 4 �t WA11 TT stream �l .. t N f: r ` r' X,�r 3 r N QiCU lAM UF11VC OILW NDiscfafiner Maps makes every effort to produce and publish 0 55 110 220 ft me most current and accurate information possible. However, the maps are produced for information purposes, 1 inch = 100 feet and are NOTsurveys. No warranties, expressed or impiied ,are provided for the data therein, Its use, or its interpretation. gzke r Water er hes' ourccs t'.r4VWQNMLNIAL QUAL€rY June 16, 2016 MS Holding Company, LLC c/o Tim Nau 2801 Sandia Drive Raleigh, NC 27607-3171 Determination Type: Buffer Call ® Neuse (I 5A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Jordan (I 5A NCAC 2B .0267) PAT MCCRORY Govertior DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Arector Subject: Buffer Determination NBRRO #16-183 Wake County Isolated or EIP Call ❑ Ephemeral/Intermittent/Perennial Determination ❑ Isolated Wetland Determination Project Name: Blanche Drive Site Location/ Property is located along the south side of Blanche Directions: Drive, at the south end of Azalea Drive Subject Stream Richlands Creek Determination Date: June 16, 2016 Staff: Laura Robertson *L -11I11 - Ephemeralllnternuttent/Peremual State of North Carolina I Environmental Quality I Water Resources 1628 Mail Service Center 1 Raleigh, North Carolina 27699-1628 919 791 4200 Not ` Subject To Subject E/1/P% To Buffers Start@ Stop@ NRCS Soil Survey USGS Topo Buffers Feature A / Richlands Creek X P Throughout Throughout X X Feature B X E Offsite Offsite X *L -11I11 - Ephemeralllnternuttent/Peremual State of North Carolina I Environmental Quality I Water Resources 1628 Mail Service Center 1 Raleigh, North Carolina 27699-1628 919 791 4200 Explanation: Richlands Creek is present on the USGS Topographic Map as well as the Soil Survey Map of Wake County, North Carolina. Sage has determined that the stream is perennial. The stream does not start or stop on the property. Stream B is an ephemeral channel that is present to the south of the site. if B had been subject to buffers, the buffer area would have included some of the southwest corner of the site. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). 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 parry (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Laura Robertson at (919) 791-4247. P Me Danny Smith, Supervisor Water Quality Section Raleigh Regional Office cc: RRO/SWP File Copy Sean Clark, Sage Ecological Services, 3707 Swift Drive, Raleigh, NC 27606 —Poo mv-