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HomeMy WebLinkAbout20150342 Ver 2_401 Application_20161216Montalvo, Sheri A To: wcole@smeinc.com Subject: Smith Crossing Project Attachments: Agent Authorization Form.pdf Importance: High Mr. Cole, We have received the PCN for the above project. The signature page 11 of 11 was signed by you so we will need a completed agent authorization form to be filled out before I can forward it through the review process. I have attached one for your use. Please complete and email back to me at sheri.montalvo c2ncdenr.gov. Once I receive it I can then take the project off hold. Thanks sheyi MovvtaLvo Administrative Assistant 401 & Buffer Permitting Branch Division of Water Resources North Carolina Department of Environmental Quality 919-807-6303 (office) 919 807-6494 (fax) sheri.montalvoAncdenr.gov Physical: 512 N. Salisbury St., Ste 942-D, Raleigh, NC 27604 Mailing: 1617 Mail Service Center, Raleigh, NC 27699-1617 `-Nothing Compares—,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Montalvo, Sheri A From: Jennifer Crank <jcrank@smeinc.com> Sent: Thursday, December 29, 2016 3:04 PM To: Montalvo, Sheri A Cc: Walter Cole Subject: Agent Authorization document Attachments: Agent Authorization.pdf Dear Sheri, Please find attached the Agent Authorization form for the Smith Crossing Project. If you have any questions, please contact us at 919-872-2660. Kindest Regards, Jennifer Crank Environmental Administrator -Raleigh —1:1:1 D S&ME, Inc. 3201 Spring Forest Road Raleigh NC 27616Im:i Ph: 919-872-2660 Fax: 919-876-3958 icrankCcDsmeinc.com www.smeinc.com This electronic message is subject to the terms of use set forth at www.smeinc.com/email. If you received this message in error please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email. IN _ n + AGENT AUTHORIZATION AND RIGHT OF ENTRY FORM Date: October 6, 2014 Project Information S&ME Project Name: Smith Crossing Mixed Use Development Type of Project: Commercial Location: Kemersville, North Carolina Property Owner/Representative Information Business Name: Parr Construction Mailing Address: P.O. Box 4088 City, State, Zip Code: Greensboro, NC 27404 Telephone No. (336) 382-4523 email: chris@.parrinvestments.com Contact: Chris Parr Agent Information Business Name: S&ME, Inc. Street Address: 3201 Spring Forest Road City, State, Zip Code: Raleigh, NC 27616 Telephone No. 919-872-2660 Contact: Walter Cole Authorization: 1 , on behalf of (Contact Signature (Name of Landowner or Representative) a duly authorized owner of record of the property/ properties identified herein, hereby authorize S&ME to act as agent with the USCAE in connection with the above-mentioned project_ I also authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purposes of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/ or Section 10 of the Rivers and Harbors Act of 1889. k-AD e er 22, 2016 United States Army Corps of Engineers S� D� Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 v Wake Forest, NC 28801-5006 Attention: Mr. John Thomas Jr. 12 0 V _ D N.C. Division of Water Resources DF C 2 2 2016 401 and Buffer Permitting Branch 512 North Salisbury Street D1 FFR RES UR S Raleigh, North Carolina 27604 Archdale Building — 9t' Floor Attention: Ms. Jennifer Burdette Reference: Permit Modification Application for Nationwide Permit No. 39/Water Quality Certification No. 3890 (Additional Impacts) Smith Crossing Project, Union Cross Road Kernersville, Forsyth County, North Carolina S&ME Project 4305-14-228 CO -2 USACE Action ID No. SAW -2013-01674 DWR No. 15-0342 Dear Mr. Thomas and Ms. Burdette: On behalf of our client, Parr Construction, S&ME, Inc. (S&ME) is submitting this Preconstruction Notification Form for the above -referenced project and requesting a permit modification for a U.S. Army Corps of Engineers (USACE) Nationwide Permit No. 39 (NWP 39) and North Carolina Department of Environmental Quality (NCDEQ) Water Quality Certification (WQC) No. 3890 for commercial and institutional developments. BACKGROUND INFORMATION Parr Construction proposes to construct a development to include commercial and retail development as well as the construction of 352 multi -family apartment units, parking, utilities, and stormwater management facilities, lighting, and landscaping. The site is located south of the Union Cross Road and Kenosha Drive intersection and north of I-40, in Kernersville, North Carolina. S&ME visited the site to delineate the jurisdictional wetlands and waters of the U.S. within the subject property to perform a jurisdictional delineation. S&ME conducted Permit Modification Application for NWP 39 and WQC 3890 SWE Project No. 4305-14-228 (CO -2) Smith Crossing Development December 22, 2016 regulatory site meetings with the USACE and NCDWR to confirm our findings on August 29, 2013. S&ME received a copy of the USACE Notification of Preliminary Jurisdictional Determination signed September 5, 2013. We also received NCDWR correspondence regarding the site visit on September 4, 2013. The original impacts were limited to the emergent herbaceous wetlands that had formed in the bottom of the drained pond in the amount of 0.09 -acres and a USACE NWP 39 permit application for these impacts was submitted to the USACE Raleigh Regional Office on November 3, 2014. The proposed wetland impacts were below the written notification thresholds for NCDWR so the application was submitted to the USACE only. The USACE issued a General Permit Verification for the wetland impacts on November 12, 2014. A NWP No. 39 permit modification and concurrent NCDEQ WQC No. 3890 was requested for permanent impacts to the remaining emergent herbaceous wetlands located in the bottom of the old pond in the amount of 2,690 square feet or 0.06-acres.Therefore, the total cumulative impacts to jurisdictional wetlands include the previously permitted impacts (0.099 -acres) and the new proposed impacts (0.06 -acres) for a total of 0.16 -acres. The USACE issued a General Permit Verification for the additional wetland impacts on April 24, 2015 and the NCDEQ issued a 401 WQC approval on June 1, 2015 and both approvals are provided in Appendix III. We are now requesting a permit modification for stream and riparian buffer impacts to an unnamed tributary of Abbotts Creek, associated with the proposed Solomon Drive, a 60 - foot right-of-way that will provide vehicular connectivity to the existing Kenosha Drive. A site meeting was conducted with Mr. John Thomas of the USACE and Ms. Sue Homewood of the Winston-Salem Regional Office of NCDWR on March 21, 2016 to review the proposed road crossing area and stream. A USACE and NCDWR stream form for Stream Feature A is included in Appendix IV and a photo log is included in Appendix V. The following documents are provided in support of our request: • Appendix I: Pre -construction Notification (PCN); • Figures: USDA-NRCS Forsyth County Soil Survey Map (Figure 1), USGS Topographic Map (Figure 2), Color Aerial and Topographic Map (Figure 3). • Appendix II: Stream Impact Exhibits: Smith Crossing Final Development Plan (Exhibit 1), Smith Crossing Stream Crossing (Exhibit 2), and Smith Crossing Stream Crossing Profile (Exhibit 3); • Appendix III: USACE NWP No. 39 and NCDEQ WQC No. 3890 Approval • Appendix IV: USACE and NCDWR Stream Forms • Appendix V: Photo Log • NCDWR Minor Water Quality Application Fee ($240) PROPOSED PROJECT IMPACT The proposed road construction will result in permanent stream and Town of Kernersville Watershed Protection Riparian Buffer impacts consisting of headwall, culvert, and rip -rap outlet pad installation. Proposed impacts included 147 linear feet of stream, 9,163 square 2 Permit Modification Application for NWP 39 and WQC 3890 SWE Project No. 4305-14-228 (CO -2) Smith Crossing Development December 22, 2016 feet of Zone 1, and 4,855 square feet of Zone 2 of the riparian buffer. See Appendix II for more information. Therefore, the total cumulative impacts to jurisdictional waters include the previously permitted impacts of 0.16 acres of wetlands and the new proposed impacts of 147 linear feet of intermittent stream. CLOSING By copy of this correspondence and completed Pre -construction Notification, we are requesting your written concurrence with this NWP No. 39 and WQC No. 3890 permit modification application. Please contact Walter Cole if you have any questions or need additional information. Sincerely, S&ME M Walter Cole, L.S.S., R.E.H.S Project Manager (919) 801-3798 wcole@smeinc.com 3 Appendix I W A TF9OG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: TO 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: t.pyes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee ed for mitigation of impacts? If so, attach the acceptance lett j n -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty oa tal count ft If )res, ar� r 1h below. a 24 r 1 h. Is the project located within a NC DCM Ar one rn EC)? E]Yes ❑ Yes ® No ® No 2. Project Information ES 2a. Name of project: Smith Crossing Project 2b. County: Forsyth 2c. Nearest municipality / town: Kernersville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Parr Construction 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Chris Parr 3d. Street address: P.O. Box 4088 3e. City, state, zip: Greensboro, NC 27404 3f. Telephone no.: (336) 382-4523 3g. Fax no.: 3h. Email address: chris@parrinvestments.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Water Cole 5b. Business name (if applicable): S&ME, Inc. 5c. Street address: 3201 Spring Forest Rd. 5d. City, state, zip: Raleigh 5e. Telephone no.: (919) 872-2660 5f. Fax no.: 5g. Email address: wcole@smeinc.com Page 2 of 11 B. Project Information and Prior Project History I 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See PCN attachment 1b. Site coordinates (in decimal degrees): Latitude: 36.078852 Longitude: - 80.104768 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 83.46 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Fiddlers Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: map is available at http://h2o.enr.state.nc.us/admin/maps/ Yadkin 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 subject property is partially developed and is bounded to the south by 1-40, to the west by Union Cross Road, and to the Northeast by Kenosha Court. The project vicinity is primarily developed residential or commercial development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.167 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,350 linear feet 3d. Explain the purpose of the proposed project: The purpose of development is for commercial and retail development and construction of 352 multi -family apartment units. Associated with the project will be the required parking, utilities, and stormwater management. 3e. Describe the overall project in detail, including the type of equipment to be used: Construction will be performed by standard commercial construction equipment. No specialized equipment not regularly seen on commercial projects is anticipated. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&ME, Inc Name (if known): W. Cole Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE Notification of Determination dated September 5, 2013, and NCDWR On-site Determination Letter dated September 4, 2013 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No El Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. A USACE NWP 39 was issued on 11-12-14 for 0.09 -acres of wetland impact. A USACE NWP 39 modification and NCDWR WQC 3890 was issued on 04-24-2015 and 06-01-15 respectively for an additional 0.16 -acres of wetland impact. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Phase one will consist of mixed development uses including retail and wholesale trade, business and personal services, institutional and public uses and residential development. Phase two will include the construction of additional residential properties and will take place at a later date. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or Temporary (T) intermittent (INT)? DWQ — non-404, width (linear feet) other) (feet) S1 ® P [:IT Culvert UT to Abbotts ❑ PER ® Corps 3 147 Creek ® INT ® DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 147 3i. Comments: Impacts are the result of culvert, headwall and rip rap outlet pad installation. Page 5 of 11 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indiv dually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P 02 ❑P 03 ❑P❑T 04 ❑P❑T 0. Total open water impacts 4g. Comments: There are no impacts to open waters anticipated as a result of this project. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number of pond (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: There are no impacts to ponds or lakes anticipated as a result of this project. 5h. Is a dam high hazard permit required? ❑ Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ®Other: Town of Project is in which protected basin? Kemersville Watershed Protection Riparian Buffer ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ®P [-IT Road crossing UT to Fiddlers Creek ❑ Yes ® No 9,163 4,855 B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 9,163 4,855 6i. Comments: Riparian buffer impacts are associated with the Town of Kernersville UDO — Article III, Watershed Protection Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The site plan has been designed to minimize impacts to the jurisdictional Waters of the U.S. by incorporating a headwall into the design. Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be avoided. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If Yes. You will have to fill out this entire form — please contact the State for more information. ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ® No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: El Yes El No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 29.5 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The Stormwater Management Plan is currently being finalized by the project engineer. The Stormwater Management Plan includes four potential BMPs to mitigate the increase of runoff and provide for water quality. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Kernersville ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state -implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply): ® Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ED Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will be conveyed to a municipal wastewater treatment facility. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS website: http://www.fws.gov/raleigh, Natural Heritage Program's on-line database, GIS data of Elemental Occurrences and Significant Natural Heritage Areas (January 2014) for the project area downloaded from the North Carolina Center for Geographic Information and Analysis website, NC OneMap. See PCN Attachment for additional information. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The USFWS website: http://www.fws.gov/raleigh, Natural Heritage Program's on-line database, GIS data of Elemental Occurrences and Significant Natural Heritage Areas (January 2014) for the project area downloaded from the North Carolina Center for Geographic Information and Analysis website, NC OneMap, and the Essential Fish Habitat Mapper on the NOAA Habitat Conservation website. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Review of historic properties on the North Carolina State Historic Preservation Office Geographic Information Systems (GIS) Virtual Workroom (http://gis.ncdcr.gov/hpoweb/) did not reveal any historic properties in the project area. See PCN Attachment for additional information. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? Yess No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Available FEMA mapping (NCFloodMap.com) and Project Engineer Walter Cole r 12-22-16 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 A. Applicant Information/ B. Project Information and Prior Project History 3. Owner Information/ 1. Property Identification, a. Property Identification No. Parcel PIN Number 6874-29-9209, 6875-30-5140 6875-30-4115 6874-29-9567, 6874-39-1720, 6874-39-4747, 6874-39-6995, 6874-48-0736, 6874-49-7107, 6874-59-2195 3a. Name(s) on I-40 Union Cross RE, Smith Bissell, LLC Ronald M. Smith Recorded Deed LLC & Nancy F. Smith 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 125 South Elm Street, 501 Simpson Street 833 Lynnhaven Unit 500 Park Drive 3e. City, state, zip: Greensboro, NC 27401 Greensboro, NC 27401 Winston-Salem, NC 27107 3f. Telephone no.: 3g. Fax no.: 3h. Email address: The Pointe at Smith Crossing Owner: Parr Investments, INC., ATTN: Chris Parr P.O. Box 10888 Greensboro, NC 27404 Phone: (336) 382-4523 Fax: (336) 373-8817 Email: Chris@parrinvestments.com F. Supplementary Information 5. Endangered Species and Designated Critical Habitat (Corps Requirement) Literature Review Protected Species S&ME's review of potential protected species habitat included a literature review of existing records obtained from federal and state sources. The U.S. Fish and Wildlife Service's current list of federally protected species was consulted for a listing of protected species within Harnett County, North Carolina. This review identified one protected plant species and two animal species. Listed fauna and flora and their federal status are identified in Table 1. Explanations of rankings are included at the end of the table. Table 1: Federally Protected Flora and Fanna Cnm Species Federal Rank* County Status Habitat FY3410 DOE Well House Present Cardamine micranthera SL John Hastings 0.96 Small-anthered bittercress E Historical No Glyptemys muhlenbergii SO House 0.56 Bog turtle T Current No Picoides borealis Red -cockaded E Historical No woodpecker --MivauKcicu, i — inreatuneu As part of the literature review, S&ME also consulted the North Carolina Natural Heritage Program (NCNHP) Geographic Information Systems (GIS) Element Occurrence (EO) and Significant Natural Heritage Areas databases for records of endangered or threatened species and environmentally sensitive areas within or near the project site. No Elemental Occurrences were within one mile of the project site. The closest Elemental Occurrence (EO ID: 2500) is approximately 2.5 miles from the project site. Cultural Resources S&ME reviewed the North Carolina Historic Preservation Office (NCSHPO) GIS web service (http:H—ais.ncdcr.gov/hDoweb) to identify recorded historic resources in the vicinity of the project area. No historic resources were identified within the project area. There is a site with a Determination of Eligibility 0.03 mile of the project area, but is not within the project Boundary. An additional eleven historical sites were found within one mile of the project area and are described in Table 2 below. Table 2: NC Historic Preservation Office Historic Properties Site ID Status* Site Name Distance from Site mi FY3410 DOE Well House 0.03 FY0345 SL John Hastings 0.96 FY0338 SD -House House (Gone) 0.79 FY0339 SO House 0.56 FY0340 SD L.V. Smith House (Gone) 0.28 FY0341 SD Joe Beeson House (Gone) 0.43 FY0348 SD House (Gone) 0.42 FY0335 SO Bodenhamer House 0.88 FY0344 SO Carter House 0.88 FY0346 SO Levi P. Matthews House 0.72 FY0378 SD Ed Crews House (Gone) 0.34 FY3295 SO Mostinger House 0.11 'DUB: Determination of ELigibility SL: Individual Study List Entry SO: Surveyed only. No individual designation, but may be within a National Register, Study List, or DOE district. SD: Surveyed only, Gone. pr We £ t_t Ap F3 Apc „r 'ECCC CCC1 • fir;*" �;.. � � .l�' • _ -,k a�. '�. - 1t ccjam' � .r va f2 a B aFeature A - P.,. C C +`a ,l Pa >. � • PC C2 r i R. 0 600 1,200 yi k N REFERENCE: GIS DATA LAYERS WERE OBTAINED FROM THE 1976 USDA -SCS SOIL SURVEY OF FORSYTH COUNTY, o NORTH CAROLINAAND THE 2014 FORSYTH COUNTY SHAPEFILE. PLEASE NOTE THIS MAPIS FOR _ Project Site ro a INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR Proposed Road N ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. - IIF----- V) r U W SCALE: 1 �� = 500 USDA -SCS SOIL SURVEY MAP FIGURE NO. p °ATE: 03-05-16 -_ S&ME FORSYTH COUNTY SHEETS 40, 41, 32, 33 a 0 DRAWN BY: A. STEELSSMITH CROSSING PROJECT WWW.SMEINC.COM UNION CROSS ROAD, KERNERSVILLE PROJECT NO: 4305-14-228 \ ENGINEERING LICENSE NO: F-0176 FORSYTH COUNTY, NORTH CAROLINA C� KINGS.W00D DR x Feature A ,,Zook � 4{ W DR REFERENCE: GIS DATA LAYERS WERE OBTAINED FROM THE 2013 USGS KERNERSVILLE TOPOGRAPHIC QUADRANGLE, 1:24,000 SCALE AND THE 2014 FORSYTH COUNTY SHAPEFILE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY Q Project Site OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FORANY DECISION MADE OR ANYACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. I Proposed Road SCALE: 1 „ __ 600' 00 FIGURE NO. *S&ME USGS TOPOGRAPHIC MAP DATE: 03-05-16 KERNERSVILLE QUADRANGLE DRAWN BY: A. STEELS SMITH CROSSING PROJECT 2 WWW.SMEINC.COM UNION CROSS ROAD, KERNERSVILLE PROJECT NO: 4305-14-228 ENGINEERING LICENSE NO: F-0176 FORSYTH COUNTY, NORTH CAROLINA ' Project Site o, r" n 0 Contours REFERENCE: N GIS DATA LAYERS WERE OBTAINED FROM THE 2014 NCONEMARCOM AERIAL ORTHOIMAGERY LATER, e THE 2007 NCDOT LIDAR DATASETAND THE 2014 FORSYTH COUNTY SHAPEFILE. PLEASE NOTE THIS o MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY v 0 500 1,000 OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SBME, INC. ASSUMES NO '. RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS N TI Feet INFORMATION. U w SCALE. 1 �� = 500. FIGURE NO. 'p COLOR AERIAL AND TOPOGRAPHIC MAP a DATE: 03 05-16 #S&ME a SMITH CROSSING PROJECT 3 DRAWN BY: A. STEELS WWW.SMEINC.COM UNION CROSS ROAD, KERNERSVILLE �Ro IEcr No: 4305-14-228 ENGINEERING LICENSE NO: F-0176 FORSYTH COUNTY, NORTH CAROLINA Appendix II 04 7 � � ° y� JS - v�OJ _..� UNION ROAD ! I _0 P LIC 1� — — _ y. _ .-- a mm co JAG BIC RNV' I I I PUBLIC CI r "`7 7. ........�. I A Q / 1 - ::::�...... 3 o „ _ r' --- _ �.!i 'nc - , • � � - `=�_ _ s� r r, Li I � -� J r „ I SMITH CROSSING FINAL Allied Design, CML ENGINEERING DEVELOPMENT PLAN 4720 KESTER MILL ROAD WINSTON-SALEM, NORTH CAROLINA 27103 1-40 UNION CROSS RE,LLC/PARR CONSTRUCTION, INC. Fwc (;)" UNION CROSS ROADPROJECT NO.: 'mp:/ANw .alll v.com ,� KERNERSVILLE, NORTH CAROLINA 5�: "rz1116 SKETCH NO.: , 0 X71 :0 ev 4:�' Co Noza x", 9C451 9 x1i ------------- allih- SOLOMON DR, 1- 1A w A ly J co Co LEGEND 30' ZONE I STREAM BUFFER IMPACT = 9,163 SF. 50' ZONE 2 STREAM BUFFER IMPACT = 4,855 SF. Allied Design, Inc. SMITH CROSSING CIVIL ENGINE EFRING STREAM CROSSING 4720 KESTER MILL ROAD WINSTON-SALEM, NORTH CAROLINA 27103 Ptmo(3W) M5 -2W 1-40 UNION CROSS RE,LLC/PARR CONSTRUCTION, INC. I= (: M) 780 -OW UNION CROSS ROADPROJECT NO.: hV:fhvwAM9d-9fVv".=n 13-M DATE: /16 KERNERSVILLE, NORTH CAROLINA SCALE: 11121 1"-w I SKETCH NO.: 2 E 10+00 11+00 12+00 V1 SMITH CROSSING Allied Design, Inc. CML ENGINEERING STREAM CROSSING PROFILE 4720KESTERMUROAD WINSTON-SALEM, NORTH CAROLINA 27103 1-40 UNION CROSS RE,LLC/PARR CONSTRUCTION, INC. F�3W M"M UNION CROSS ROADm0:1m'"'"'A11sd "x= PRO.�CT NO.: 13-032 KERNERSVILLE, NORTH CAROLINA : 1%4o /1%4v I SKETCH NO.: 3 8 �t$o �o�oo o o� z =yz 0 $ o o $ D = z G� r 900 m —900 06' 72„ rpE 890 5 1%+'00 4m CO C1)Cb w CO to 0 CO 11 90 01- cm CO 12+002+12" 10+00 11+00 12+00 V1 SMITH CROSSING Allied Design, Inc. CML ENGINEERING STREAM CROSSING PROFILE 4720KESTERMUROAD WINSTON-SALEM, NORTH CAROLINA 27103 1-40 UNION CROSS RE,LLC/PARR CONSTRUCTION, INC. F�3W M"M UNION CROSS ROADm0:1m'"'"'A11sd "x= PRO.�CT NO.: 13-032 KERNERSVILLE, NORTH CAROLINA : 1%4o /1%4v I SKETCH NO.: 3 Appendix III F" LL �F AJ N EMR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary June 1, 2015 Parr Construction Attn: Chris Parr PO Box 4088 Greensboro NC 27404 DWR # 15-0342 Forsyth County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Smith Crossing Mixed Use Development Project Dear Mr. Parr: You have our approval for the impacts listed below for the purpose described in your application dated April 1, 2015, received by the Division of Water Resources (Division) April 7, 2015, with subsequent information on June 1, 2015. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, Including incidental impacts. (15A NCAC 02B .0506(b)(c)] Impact Area Temporary/Permanent Impact Amount 404/401 Wetlands Permanent 0.16 acres 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the Winston-Salem Regional Office Location: 450W. Hanes Mil Rd, Suite 300. Winsron-Salem, North Carolina 27105 Phone: 336-776-980M FAX: 336-77$-97971 Customer Service: t-877.623.6748 Internet http:llponai.ncadenr.orgNreblwqilws An Equal Opportunity \ Affirmadve Action Employer Parr Construction DWR# 15-0342 401 APPROVAL Page 2 of 3 new owner must be given a copy of this approval letter and General Certifications)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 4. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H.0502 (b) and 15A NCAC 02H.0506 (4)] 5. You are required to provide one copy of the approved SMP, including plan details. on full-sized plan sheets, with proof of the Town of Kernersville's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the Town of Kernersville If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http:llwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Parr Construction DWRii 15-0342 401 APPROVAL Page 3 of 3 Mailing address for the OAH: If sending via US Postal Service: If sending vio delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEN R: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.sov if you have any questions or concerns. Sincerely, W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3890 cc: Walter Cole, S&ME Inc (via email) John Thomas, USACE Raleigh Regulatory Field Office (via email) Jeff Smith, Smith -Bissell LLC & 1-40 Union Cross LLC, PO Box 2534 Kernersville NC 27285 Nancy Smith, 833 Lynnhaven Park Dr, Winston Salem NC 27107 DWR WSRO 401 files DWR 401 & Buffer Permitting Unit U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2013-01674 County: Forsyth U.S.G.S. Quad: NC-KERNERSVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address Telephone Number: Parr Construction Chris Parr P.O. Box 4088 Greensboro, NC, 27404 Size (acres) 84 Nearest Town Kernersville Nearest Waterway Fiddlers Creek River Basin Upper Yadkin. Virginia North Carolina USGS HUC 3040101 Coordinates Latitude: 36.078852 Longitude: -80.104768 Location description: Smith Crossing Mixed Use Development project located off of 1455 Union Cross Road, adjacent to Fiddlers Creek, Kernersville, Forsyth County, North Carolina. Description of projects area and activity: Smith Crossing proposed multi -family apartment complex project located off of Union Cross Road adjacent to a tributary of Fiddlers Creek, south of Kernersville, in Forsyth County, North Carolina. Propose project construction includes road access construction resulting in fill of 0.099 acre of jurisdictional wetlands of Fiddlers Creek. Per Your request of April 7, 2015, to modify your permit to include 0.06 acre of wetland impacts associated with the construction of a residential unit this verification is modified to include the additional 'urisdictional wetland impact to result in a total 0.16 acre of jurisdictional impact for the current development Special Condition: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form are hereby incorporated as special conditions of this permit authorization Applicable Law: N Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 39 Commercial and Institutional Developments. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 04/24/2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. Aw-2413-01674 this Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding verification, any of the conditions of the Permit, or the Corps of Engineers regulatory m s program, please contact John Tho919-554-480 x25 or John.T.Thomas.MC&,usace.armv.mil. Corps Regulatory Official: Date: 04/24/2015 Expiration Date of Verificatio /18/2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary detennination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: Site has tributary o f Fiddlers Creek which is a tributary of the Yadkin River which flows to the Pee Dee River in South Carolina and on to the Atlantice Ocean. Remarks: 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 and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 SAW-2013-01674 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 bee 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 ceived at the above address by **It is not necessary to submit an RFA to the Division f ce if you don t object to the determination in this correspondence.** Corps Regulatory Official: ohn homas Date of JD: 11/12/2014 Expiration Date of JD: 03/18/2017 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 online at http://re�,-ulatorv.usacesurvev.coin/. Copy furnished: Agent: S&ME, Inc. Walter Cole Address: 3201 Spring Forest Road Raleigh, NC, 27616 Telephone Number: Action ID Number: SAW -2013-01674 County: Forsyth Permittee: Parr Construction Chris Parr Project Name: Smith Crossing Mixed Use Development Date Verification Issued: 04/24/2015 Project Manager: John Thomas Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Attn: John Thomas Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Parr Construction Chris Parr File Number: SAW -2013-01674 Date: 04/24/2015 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or littp://«,�vw.usace.ariny.mil.:Missions/'Civil'forks/Re-,Julatoa.-ProEramatidPertnits.aspx or the Corps reaulations 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 terms 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 pen -nit 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 II - 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, Attn: Mr. Jason Steele, Administrative Appeal Review Officer John Thomas CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M 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 o ortunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: John Thomas, 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 Appendix IV NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 Date: March 2, 2016 Project/Site: Smith Crossing Development Latitude: 36.077256 N Evaluator: Walter Cole, LSS - S&ME county: Forsyth Longitude: -$0.103116 W Total Points: Stream is at least intermittent 28,25 Stream Determination (circle one) Intermittent Other e.g. Quad Name: Kernersville if z 19 or perennial if z 30• 2. Sinuosity of channel along thalweg 0 A. Geomorphology Subtotal = 15 Absent Weak Moderate Strong 18, Continuity of channel bed and bank 0 1 2 • 3 2. Sinuosity of channel along thalweg 0 1 2 3 r. 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 O 1 2 © 3 4. Particle size of stream substrate 0 1 2 • 3 5. Active/relict floodplain 08 1 • 2 3 6. Depositional bars or benches 0 1 2 • 3 7. Recent alluvial deposits 0 1 2 • 3 8. Headcuts 0 • 1 2 3 9. Grade control 0 0.• 1 1.5 10. Natural valley 0 0. 1 1 1.5 • 11. Second or greater order channel No = OM I Yes = 3 annium oncnes are not rates; see discussions in manual B. Hvdrologv (Subtotal = 7.5 1 12. Presence of Baseflow 00 1() 2 Q 30 13. Iron oxidizing bacteria 0 • 1 2 3 14. Leaf litter 1. 1 •. 0. 0 15. Sediment on plants or debris 0 0.5 1 •. 1.5 16. Organic debris lines or piles 0 0.5 • 1 1.5 17. Soil -based evidence of high water table? No=00 0.5 Yes = 3 0 U. t5lologv (Subtotal = 5.15 18. Fibrous roots in streambed 3 2 • 1 0 19. Rooted upland plants in streambed 3 • 2 1 0 20. Macrobenthos (note diversity and abundance) 0 • 1 2 3 21. Aquatic Mollusks 0 • la 2 3 22. Fish 0 • 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians0 • 0.5 1 1.5 25. Algae 0 • 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.7500BL = 1.500ther = 00 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 41 1 2 3 4 5 U '~ 6 0.i 7 8 9 10 11 12 E -r a 13 14 F COD 15 16 F* 17 H 18 x 19 20 21 22 a O pa 23 STREAM QUALITY ASSESSMENT WORKSHEET FF.ATIIRF. A AT Rnen runcciNC- CHARACTERISTICS Presence of flow / persistent pools in stream (no flow or saturation = 0; strong flow = max points) Evidence of past human alteration (extensive alteration = 0; no alteration = max points) Riparian zone (no buffer = 0; contiguous, wide buffer = max points) Evidence of nutrient or chemical discharges (extensive discharges = 0; no discharges = max points) Groundwater discharge no discharge = 0; springs, seeps, wetlands, etc. = max poir Presence of adjacent floodplain (no floodplain = 0; extensive floodplain = max points) Entrenchment / floodplain access (deeply entrenched = 0; frequent flooding = max points) Presence of adjacent wetlands (no wetlands = 0; large adjacent wetlands = max points) Channel sinuosity extensive channelization = 0; natural meander = max point Sediment input extensive deposition= 0; little or no sediment = max point Size & diversity of channel bed substrate (fine, homogenous = 0; large, diverse sizes = max points) Evidence of channel incision or widening (deeply incised = 0; stable bed & banks = max points) Presence of major bank failures (severe erosion = 0; no erosion, stable banks = max points Root depth and density on banks (no visible roots = 0; dense roots throughout = max points Impact by agriculture, livestock, or timber production (substantial impact =0; no evidence = max points) Presence of riffle-pool/ripple-pool complexes 10 riffles/ripples or pools = 0; well-developed = max point Habitat complexity ttle or no habitat = 0; frequent, varied habitats = max poin Canopy coverage over streambed io shading vegetation = 0; continuous canopy = max point! Substrate embeddedness (deeply embedded = 0; loose structure = max) Presence of stream invertebrates (see page 4) (no evidence = 0; common, numerous types = max points) Presence of amphibians (no evidence = 0; common, numerous types = max points) Presence of fish (no evidence = 0; common, numerous types = max points) Evidence of wildlife use (no evidence = 0; abundant evidence = max points) Total Points Possible ECOREGION POINT RANGE SCORE Coastal Piedmont Mountain 0-5 0-4 0-5 4 0-6 0-5 0-5 2 0-6 0-4 0-5 3 0-5 0-4 0-4 0 0-3 0-4 0-4 1 0-4 0-4 0-2 0 0-5 0-4 0-2 2 0-6 0-4 0-2 0 0-5 0-4 0-3 4 0-5 0-4 0-4 3 NA* 0-4 0-5 2 0-5 0-4 0-5 2 0-5 0-5 0-5 4 0-3 0-4 0-5 3 0-5 0-4 0-5 3 0-3 0-5 0-6 1 0-6 0-6 0-6 3 0-5 0-5 0-5 3 NA* 0-4 0-4 2 0-4 0-5 0-5 0 0-4 0-4 0-4 p 0-4 0-4 0-4 0 0-6 0-5 0-5 2 100 100 100 TOTAL SCORE (also enter on first page) *These characteristics are not assessed in coastal streams 44 Appendix V Yry a r t,' ! 1 �iow of Stream (Feature A) where proposed road will rss, looking upstream where NCDWR and USACE tream Forms were recorded. Wit AI tr /iew of alluvial deposit adjacent to stream where Data 'oint was recorded. Vegetation consisted of cat tails, uncus smilax microste ium cherry and maple saplings. "ME Smith Crossing Mixed Use Development Project S&ME Project No. 4305-14-228 Union Cross Road, Kernersville, Forsyth County, North Carolina Taken by: W. Cole Date Taken: March 2016 1