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HomeMy WebLinkAbout20170209 Ver 1_401 Application_20170217-4■ Wikh+ersRaven+el NoOur People. Your Success. February 17, 2017 US Army Corps of Engineers NC -Division of Water Resources Regulatory Field Office 401 & Buffer Permitting Unit Ms. Tasha Alexander Ms. Karen Higgins 3331 Heritage Trade Drive 1617 Mail Service Center Suite 105 Raleigh, NC 27699 Wake Forest, NC 27587 Re: Hillstone at Alston Town Center - NWP 39 PCN Submittal Corps AID# SAW -2015-02599 WR Project #02150277.20 Dear Mr. Lastinger and Ms. Higgins, On behalf of LCG Acquisitions, LLC, we are requesting authorization from the USACE to use NWP 39 for 0.047 acres of permanent wetland impacts and 135 If of permanent stream impacts for construction of the proposed project. We are requesting authorization under a NWP 39 because the proposed impacts are necessary for construction of the grocery store and access road. We are also requesting a 401 WQC from NCDWR for the above referenced impacts. The project is ±21 acres in size and is located at 4429 NC 55 Hwy, north of the intersection of NC 55 Hwy and McCrimmon Parkway in Cary, Wake County (Latitude: 35.831602°N; Longitude: - 78.880689°W). The project is located in the Cape Fear River basin (Jordan Lake Watershed) and onsite waters drain to Nancy Branch. The Water Quality Classification for Nancy Branch is WS -IV; NSW and the Stream Index Number is: 16-41-1-17-3-2. The cataloging unit for the site is 03030002. Proposed Project The purpose of the proposed project is to construct a mixed use commercial development containing a grocery store, future retail center and multifamily apartment complex to meet the demand in Cary. The proposed project consists of the construction of a ±36,000 sf grocery store with a 153 space parking lot, a 205 unit multifamily apartment complex, a future retail center adjacent to NC 55 Hwy and all associated infrastructure, including roads, utilities and stormwater management. Please note that the access road and apartment complex will be constructed by the applicant, and the grocery store and future retail center will be sold and constructed by others. However, all impacts for the development of the entire property has been assessed within this application, and no future impacts are anticipated for the proposed development. 1410 Commonwealth Drive, Suite 1011 Wilmington, NC 28403 t: 910.256.9277 1 f: 910.256.2584 1 www.withersravenel.com I License No. C-0832 Cary I Greensboro I Pittsboro I Raleigh I Wilmington Hillstone at Alston Town Center Project History %0 WithersRav+enel Our Peopte )'our Success. The Corps of Engineers issued a Preliminary Jurisdictional Determination (AID: SAW -2015-02599) for the proposed project area on 02/16/16, which has been provided as an Appendix. The Town of Cary issued a Buffer Determination (TCRB#16-009) for the project area on 12/09/16, which has been provided as an Appendix. Proposed Impacts The proposed impacts consist of 0.047 acres of permanent wetland impacts and 135 If of permanent stream impacts. The road crossing necessary to provide access from NC 55 Hwy to the apartment complex will result in 0.005 acres of permanent wetland impact (Impact 2) and 135 If of permanent stream impacts (Impacts 1 & 1A). Of the 135 If of permanent stream impacts, 120 If are necessary for installation of the culvert (Impact 1). The proposed 15 If of permanent stream impacts (Impact 1A) will result from installation of the rip -rap dissipator below the outfall of the culvert in order to prevent erosion of the stream and undercutting of the culvert. The rip -rap dissipator has been designed so that the rip -rap will be buried so that the top of the rip -rap matches the pre - construction elevation of the stream bed. This design allows for this section of stream to continue functioning as a natural stream by maintaining natural water depths and allowing for passage of aquatic life. The construction of the parking lot for the grocery store will result in 0.042 acres of permanent wetland impacts (Impact 3). There are no proposed impacts for the future retail center adjacent to NC 55 Hwy. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts have been minimized to only those impacts necessary to construct a road to provide access to NC 55 Hwy for the apartment complex and construction of the parking lot for the grocery store. This road will also provide internal access from the apartment complex to the grocery store, avoiding the need for residents to travel on Highcroft Drive and NC 55 Hwy to get to the grocery store. This helps to reduce traffic on those already high traffic roads. It should also be noted that this road is necessary to meet both the Town of Cary's interconnectivity requirements, as well as emergency management requirements of having two points of access. Previous designs proposed the road alignment to be further south, which would have crossed the stream at a confluence, significantly increasing the amount of stream impacts. The road alignment was shifted to its current location to minimize stream impacts. The road crossing has been designed to cross the stream perpendicularly in order to further minimize stream impacts. Furthermore, the Page 2 of 3 Hillstone at Alston Town Center %0Wi th a rs Rave n e l Our People 'ti :, 5v.re5s. rip -rap dissipator has been designed for the rip -rap to be installed so that the top of the rip -rap matches the pre -construction elevation of the stream bed. This design allows for the impacted stream segment to continue functioning as a natural stream by maintaining natural water depths and allowing for passage of aquatic life. Wetland impacts for construction of the grocery store parking lot (Impact 3) have been minimized by utilizing retaining walls to stabilize fill and avoid additional impacts from traditional backslopes. The parking lot has been designed to only have 153 spaces, which is the minimum spaces required by the Town of Cary for retail use as specified in the Parking Requirements section of the Land Development Ordinance. So wetland impacts have been minimized by designing the parking lot to meet the minimum requirements. Mitigation The proposed permanent wetland impacts are less than 0.10 acres, and proposed permanent stream impacts are less than 150 If, and therefore the applicant is not proposing mitigation. The current request is for 0.047 acres of permanent wetland impacts and 135 If of permanent stream impacts (see the attached maps and PCN for details). Please feel free to contact me if you have questions or require additional information. Sincerely WithersRavenel Troy Beasley Senior Environmental Scientist Attachments: • PCN Form • Agent Authorization • Access Authorization • USGS Quad • Wake County Soil Survey • Wetland/Buffer Location Exhibit • Corps PreliminaryJD • Town of Cary Buffer Determination Letter • NCNHP Project Review Letter • Impact Exhibits Page 3 of 3 rq�0F W A Tom,, q 0 Niii� -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? FEI es ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Hillstone at Alston Town Center 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Doris N. Sears 3b. Deed Book and Page No. Book: 000988; Page: 00 -E - 3c. Responsible Party (for LLC if applicable): 3d. Street address: 17001 Searstone Drive, Apt 201 3e. City, state, zip: Cary, NC 27513 3f. Telephone no.: 919-810-3115 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Contract Purchaser 4b. Name: Todd Harrelson 4c. Business name (if applicable): LCG Acquisitions, LLC 4d. Street address: 2301 Cedar Springs Rd, Suite 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910-256-9277 5f. Fax no.: 910-256-2584 5g. Email address: tbeasley@withersravenel.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): RIN: 0735478579 1 b. Site coordinates (in decimal degrees): Latitude: 35.831602°n Longitude: - 78.880689°W (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: ±21 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Nancy Branch (Stream Index: 16-41-1-17-3-2) proposed project: 2b. Water Quality Classification of nearest receiving water: WS-IV;NSW 2c. River basin: Cape Fear (Jordan) — HUC: 03030002 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 project site currently consists of an existing residence adjacent to NC Hwy 55, a drained pond and undeveloped woodlands. The general land use in the vicinity consists of a mixture or commercial, institutional (Panther Creek High school) and residential developments. 3b. List the total estimated acreage of all existing wetlands on the property: ±0.14 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ±1,128 If 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a mixed use development consisting of a grocery store, future retail center and multifamily apartment development to meet the demand for these projects in Cary. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project is a mixed-use development which will consist of construction of a ±36,000 sf grocery store and parking lot adjacent to NC Hwy 55, a 205 unit multi -family apartment complex adjacent to Highcroft Drive, a future retail center and associated roads, utilities and stormwater management. The proposed project will be constructed using standard commercial construction equipment and techniques. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes [_1No ❑ Unknown project (including all prior phases) in the past? 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: WithersRavenel Name (if known): Troy Beasley Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps issued a Preliminary Jurisdictional Determination for the project site on 02/16/16 (AID: SAW -2015-02599). A copy of the PJD has been provided as an Appendix. The Town of Cary issued a Buffer Determination for the project on 12/09/16 (TCRB #16-009). A copy of the Buffer Determination has been provided as an Appendix. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ® Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 Impact 2 Road Fill Herbaceous El Yes ® Corps 0.005 ac ® P [_1T (drained pond) ® No ® DWQ Impact 3 Fill for Parking Lot Herbaceous El Yes ® Corps 0.042 ac ® P [_1T (drained pond) ® No ® DWQ 2g. Total wetland impacts 0.047 ac 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) Impact 1 Culvert for Road UT to Nancy ❑ PER ® Corps 4' 120 If ® P [_1T Crossing Branch ® INT ® DWQ Impact 1A Rip -Rap UT to Nancy ❑ PER ® Corps 4' 15 If ® P El Dissipator Branch ® INT ® DWQ 3h. Total stream and tributary impacts 135 If 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑ PEI T 03 ❑P❑T 04 ❑ PEI T 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 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: Jordan Project is in which protected basin? ❑ 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 re uired? 131 ❑P❑T F-1 Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Buffer impacts will be reviewed and permitted through the Town of Cary as the delegated municipality. 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. Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts have been minimized to only those impacts necessary to construct a road to provide access to NC 55 Hwy for the apartment complex and construction of the parking lot for the grocery store. This road will also provide internal access from the apartment complex to the grocery store, avoiding the need for residents to travel on Highcroft Drive and NC 55 Hwy to get to the grocery store. This helps to reduce traffic on those already high traffic roads. It should also be noted that this road is necessary to meet both the Town of Cary's interconnectivity requirements, as well as emergency management requirements of having two points of access. Previous designs proposed the road alignment to be further south, which would have crossed the stream at a confluence, significantly increasing the amount of stream impacts. The road alignment was shifted to its current location to minimize stream impacts. The road crossing has been designed to cross the stream perpendicularly in order to further minimize stream impacts. Furthermore, the rip -rap dissipator has been designed for the rip -rap to be installed so that the top of the rip -rap matches the pre -construction elevation of the stream bed. This design allows for the impacted stream segment to continue functioning as a natural stream by maintaining natural water depths and allowing for passage of aquatic life. Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version Wetland impacts for construction of the grocery store parking lot (Impact 3) have been minimized by utilizing retaining walls to stabilize fill and avoid additional impacts from traditional backslopes. The parking lot has been designed to only have 153 spaces, which is the minimum spaces required by the Town of Cary for retail use as specified in the Parking Requirements section of the Land Development Ordinance. So wetland impacts have been minimized by designing the parking lot to meet the minimum requirements. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing and sediment & erosion control BMPs will be installed prior to initiation of construction. Construction access will restricted to high ground and permitted road alignment to prevent impacts to undisturbed wetlands and streams. 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 El 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: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8of12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The proposed SCMs will consist of constructed wetlands which do not ❑ Yes ® No require diffuse flow. Diffuse flow requirements will be reviewed and approved by the Town of Cary during the review and approval of the stormwater management permit. 2. Stormwater Management Plan Grocery Store - 63.4% 2a. What is the overall percent imperviousness of this project? Apartment Site — 42% 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 system will be designed and permitted as two separate stormwater collection systems. The stormwater management system for the apartment site and future retail site consists of two constructed wetlands. The stormwater management plan for the grocery store site consists of a wet pond. The stormwater management plan for both the apartment/future retail site and grocery store are being reviewed concurrently by the Town of Cary as the certified local government. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Cary ® Phase II 3b. Which of the following locally -implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project consists of construction of a grocery store and apartment complex within high development activity portion of Cary. This project is not anticipated to be a specific catalyst for future development that could impact nearby downstream water quality. 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. Town of Cary sanitary sewer. Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? WR reviewed the NC Natural Heritage Program database, located at http://www.ncnhp.org/web/nhp/home to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. Site reviews did not identify any potential habitat for any federally protected species known to occur in Wake County, except for the Northern Long Eared Bat. Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used for roosting during the day. The proposed project area contains forested areas with trees over 3" DBH, and therefore is considered potential northern long eared bat habitat. The USFWS Final 4(d) rule for the Northern Long -Eared bat specifies that tree removal within the White Nose Syndrome (WNS) Zone is not prohibited as long as it occurs more than 0.25 miles from known hibernacula and does not result in destroying known occupied maternity roost trees, or any other trees within a 150 ft -radius from the maternity tree, during the pup season (June 1 — July 31). The proposed project is not located within 0.25 miles of any known hibernacula, nor is there any known maternity roost trees present on the project. Therefore, WR concludes that the project "may affect, but is not likely to adversely affect" the northern long-eared bat. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters classified as EFH in Wake County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review identified that the existing house on the site is identified as the William and Gladys Nutt House (HPO ID: WA7195). The Nutt House is listed as a "late 1940's 1 '/2 story side gable, minimal traditional house." Based on the SHPO website, the Nutt House has been surveyed by SHPO, however it had not been deemed eligible for inclusion in the National Register of Historic Places. It should be noted that the William and Gladys Nutt House is not included in the Cary Historic Preservation Master Plan; Appendix D — Existing Inventory of Cary's Historic Resources, located at: http://www.townofcary.org/home/showdocument?id=9539. Currently, the Nutt House is not designated as having historic preservation status, and is not significant to North Carolina history, and is planned to be demolished as part of the proposed development. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? 70 Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Troy Beasley — WithersRavenel Authorized Agent 02/17/17 Applicant/Agent's Signature Date Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version ■■ WithersRavenel WoOur People. Your Success. AGENT AUTHORIZATION & ACCESS AUTHORIZATION FORMS -4■ WithersRavenel 0 � Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, LCG Acquisitions, LLC (Client) does hereby appoint WithersRavenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the HillstoneatAlston Town Centerrp oject, consisting of an ±21 acre parcel (PIN: 0735478579) located at 4429 NC Hwy 55 in Cary, Wake County, North Carolina. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Cary. NC 27511 Tel. (919)-469-3340 Date: 2/15/17 Signature of Client: Todd Harrelson Vice President (Name - Print) (Title) (Signature) 5970 Fairview Road, Suite 450 Mailing Address Charlotte NC 28210 City State Zip Phone: 980-533-4696 Email: todd@leoncapitalgroup.com 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C-0832 Cary I Greensboro Pittsboro I Raleigh I Wilmington WithersRavenM, / Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Doris Sears, do(es) hereby authorize Withers & Ravenel, Inc. to access the ±21 acre parcel (PIN 0735478579). located at 4429 NC 55 Hwy in Cary, Wake County or the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by Withers and Ravenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Date: 1/, 30, at9l Contract Purchaser's Agent Info: Signa re of Owner(s): Withers & Ravenel. Inc. Name - Print Title 115 MacKenan Drive Cary, NC 27511 Signature y'j Tel. (919)-469-3340 % % � 'S f E�N�� '-TP7, c2e) Mailing Address AIC c�- 75 l '— �9-3 S' (a City State Zip Phone: 0/1, Email: 115 MacKenan Drive I Cary, NC 27511 t: 919.469.33401 f: 919.467.60081 www.withersravenel.com I License No. C-0832 Cary I Greensboro 1 Pittsboro I Raleigh I Wilmington :0 WithersRavenel Our People. Your Success. USGS QUAD GRAPHIC SCALE 0 1000 2000 1 inch = 2000 ft. f �� -00-300 TFA �\ ) UTLj T �--- 1 540 BERLIN WAY W � ILLfNGNAM•Rp 350 / 01OLMAYNARD -CQ! EVANS FARM' RD Dj 350 - - `O ?0 WEYCROFT AVE ^ \300' X300 � o �i T A n 3s D 7 x 7 - so j ", 350 � J CCRIMMON.PKWY G h'oA 50 3 _ x CAR PENT 350\ ER RD - �� I ` p Carpenter CIO MORRISVILLE PKWY V CQ "so g 300 HILLSTONE AT ALSTON TOWN CENTER USGS QUAD - GREEN LEVEL WithersRavenel Engineers I Planners I Surveyors CARY WAKE COUNTY NORTH CAROLINA GRAPHIC SCALE 0 300 600 1 inch = 600 ft. c� 3 50 1 0 J� 5 �� RIMMON_P. KWY E t� 350 350 r3 HILLSTONE AT ALSTON TOWN CENTER USGS QUAD - GREEN LEVEL 44 WithersRavenet Engineers I Planners I Surveyors CARP WAKE COUNTY NORTH CAROLINA :0 WithersRavenel Our People. Your Success. WAKE CO. SO I L SURVEY `. GRAPHIC SCALE �. f1 0 200 400 11 inch = 400 ft. Gu i WsC2 WsC.2 ' WsB2 r WvD3 WsE oto WsB 2 WSE 55 WsC2 WsB2 Ws E S . `L Gu . C� 2 f CrB �� J. CrB2 1,11-i: s UVsB2 W B2 ': Cr E ONE AT ALSTON TOWN CENTER WAKE CO. SOIL SURVEY - SHEET 35 ;� WithersRavenet Engineers I Planners I Surveyors WAKE COUNTY NORTH CAROLINA :0 WithersRavenel Our People. Your Success. WETLAND/BUFFER LOCATION EXHIBIT GRAPHIC SCALE 1 0 100 200 1 inch — 200 ft. NOTES: 1) WETLAND DELINEATION APPROVED BY CORPS PRELIMINARY JD (AID SAW -2015-02599), ISSUED ON 02/16/16. 2) BUFFER SUBJECTIVITY AND LOCATION BASED ON TOWN OF CARY BUFFER DETERMINATION LETTER (TCRB#16-009), ISSUED ON 12/09/16. HILLSTONE AT ALSTON TOWN CENTER WETLAND/BUFFER LOCATION EXHIBIT N %.i-� .. Fz�% Z . ll� I LL"=• -. ^ y ak t2� � ss �!im 11AT 1 40 WithersRavenel 1/ Engineers I Planners I Surveyors 40 WithersRavenel 1/ Engineers I Planners I Surveyors :0 WithersRavenel Our People. Your Success. CORPS PRELI M I NARY J D U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 2015-02599 County: Wake U.S.G.S. Quad: NC -Green Level NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Doris N. Sears Address: 17001 Searstone Drive, Apt 201 Raleigh, North Carolina 27610 Telephone Number: 919-810-3115 Size (acres): +-20.73 Nearest Town: Cary Nearest Waterway: Nancy Branch Coordinates: 35.8316020 N, -78.8806891 W River Basin/ HUC: Cape Fear / 03030002 Location description: The property is located at 4429 NC 55 Hwy, Cary, Wake County. North C'aroliva. (PIN 0735-47-8579) Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR 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 tasba.l.alexander@usace.army.mil. C. Basis for Determination: Based on information submitted by the applicant, the proiect area appears to exhibit criteria for waters of the U.S. as defined in 33 CFR 328 the JD Guidebooks i.e. Ra ands 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 map dated October 1 2015 l-ibeled Alston -Sears Tract. Wetland Delineation Exhibit prepared by WithersRavenel. D. Remarks: A site visit was conducted on December 22, 2015. 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 undef 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 **It is not necessary to submit a form to the Division Office if you do not object to the determination in this correspondence.** lJ Corps Regulatory Official: _ TashaAiex nder Issue Date of JD: February 16, 2016 Expiration Date: N/A SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at littp:lY�y-,vw.usace.arrny.miV issioi iCiyilWorksJltoWlato ProgramandRermits.asgx 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 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 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 detenninations 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 1I 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. t'IINIti`I`IUTINT APPEA], OPTIONS AND V110C_ESrS A -N1) 14E'Q L'E:ST FOIL AITF-AT40mimm -4N Applicant: Doris N. Sears File Number: SAW -2015-02599 Date: February 16, 2016 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 littp:lY�y-,vw.usace.arrny.miV issioi iCiyilWorksJltoWlato ProgramandRermits.asgx 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 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 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 detenninations 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 1I 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. 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 //j'egulatory.usacestirvey coml. Copy furnished: Martin Richmond WithersRavenel 115 Mackennan Drive Cary, NC 27511 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, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Tasha Alexander CESAD-PDO 919-554-4884 Ext. 35 U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 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 2articipate in all site investiations. Date: Telephone number: Signature of appellant or agent. 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 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): -L( f'_ p Q_p I I o B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Martin Richmond - WithersRavenel 115 MacKenan Drive; Cary NC 27511 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: .(_ F- n l5 - Dors 9 � D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 4429 NC Highway 55, Cary NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: wake County City: Town ofCary Center coordinates of site (lat/long in degree decimal format): Lat. 35.831602 °N; Long, -78.880689 °W, Universal Transverse Mercator: Name of nearest waterbody: Nancy Branch 16-41-1-17-3-2; HUC 03030002 Identify (estimate) amount of waters in the review area: Non -wetland waters: 1,128 linear feet: 3 width (ft) and/or acres. Cowardin Class: Riparian Stream Flow: Intermittent Wetlands: 0.14 acres. Cowardin Class: Riparian Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A Non -Tidal: N/A 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT ,,APPLY): FV]Office (Desk) Determination. Date: Co�t V Field Determination. Date(s): -C)e C.� 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): ✓❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Martin Richmond - Withers & Ravenel Data sheets prepared/submitted by or on behalf of the apphmnt1consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: 0 Corps navigable waters' stUdy: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps U.S. Geological Survey map(s). Cite scale & quad name: 1.24,000 -Green Level Quad USDA Natural Resources Conservation Service Soil Survey, Citation: Wake County Soil Survey, 1970 Sheets 35 ❑ 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) 0 Photographs: l+!J Aerial (Name &Date): rvc oneMap 2009 or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: 0 Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "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 b the Corps and should not be relied upon for -later iurisdictional determinations, yr��ryb��s 4 iR.lwrll. Sidnaiure and date of - Regulatory Project Manager (REQUIRED) / Le PCb �1 � 4 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) a) H u � L u c Q) Z C U � O L N cu Com Q _ �E L a a� u L 00 N 0 M C C 2 2 GN C 4-1 (Q v Cr a� a 3 3 0 0 0 ° o ° U) Z ZZZZ ca u a� o = c N E4 Q a L - µ- `1.- u1O N co D ,; GRAPHIC SCALE 100 200 I inch 200 fL_ • , , R a A. -r I ai R WETLAND , - FLAGS Al - Al2 & B1 -612 - `-.tom.- - -- �c � _ L�• e _ . STREAM 2 INTERMITTENT op i s z FLAG B-11 �N FLAG S-1 A ` START STREAM �• w- FLAG S -2A STOP STREAM STREAM 1. INTERMITTENT1) WETLAND DELINEATION COMPLETED BYW&R ON 10/11/15. , ow" 2) WETLANDS ARE APPROXIMATE, BASED ON GPS LOCATION OF WETLAND FLAGS. t GRAPHIC SCALE r 0 100 200rdr� - v 1 r y 0� I inch 200 ft N44 w 01 `� - ►HI' w�� � T -,, , `'SSC y j ' � ri - � r, �-�, • _ � yr ' - �1 WETLAND A 4 a" FLAGS Al - Al2 & B1 - B12' STREAM 2 DP1&2 INTERMITTENT FLAG B-11 FLAG S_1 A _ NOTES: 1) WETLAND DELINEATION APPROVED BY DAVID SHAEFFER AND TASHA ALEXANDER WITH THE CORPS OF ENGINEERS ON 12/22/15 (AID SAW -2015-02599). 2) WETLANDS ARE APPROXIMATE, BASED ON GPS LOCATION OF WETLAND FLAGS. ALSTON - SEARS TRACT WETLAND DELINEATION EXHIBIT 40 WithersRavenel 1/ Engineers I Planners I Surveyors :0 WithersRavenel Our People. Your Success. TOWN OF CARY BUFFER DETERMINATION LETTER WATER RESOURCES DEPARTMENT December 9, 2016 Doris Sears c/o Woody Yates 4429 NC Highway 55 Cary, NC 27519 Subject: Jordan Lake Watershed — Riparian Buffer and Urban Transition Buffer Rules Wake County Real ID # 0063084/PIN10: 0735478579 4429 NC Hwy 55 TCRB 16-009 Dear Ms. Sears. The site location that was provided allowed a determination to be made as to whether or not the referenced site would require compliance with The Town of Cary Riparian Buffer and Urban Transition Buffer (UTB) Rules. This project, as referenced by the Town of Cary as TCRB 16-009, includes features as depicted on the attached maps. The table below summarizes the stream determinations made in a site visit on December 9, 2016. This determination is valid until December 9, 2021. Reference ID USGS Ma 100 Ft. Buffer A _ B X — Start at Flag 3 (approx. 150 DS from dam) Soil Survey Map (50 Ft. Buffer) Not X — start at Flag 1; stop at Flag 2 NOTE: Stream determination verifies determination done September 13, 2012 by Town of Cary personnel. Start and stop points shown in 2012 letter were re -flagged and labeled the same. 2012 letter and maps are attached. Slncer Eric W. Kulz Town of Cary tment TOWN O' CARY 318 North Academy Street •Cary, NC 27513•PO Box 8005•Cary, NC 27512-8005 tel 919-469-4030 • fax 919-460-4935• xvw%v.townofcary.org NC DWQ Stream Identification Form Version 4.11 Date: %? (6 Project]Site: � l PI Evaluator: RV L kL7, County: Total Points: Stream Determination (circle one) Stream is at least intermittent Ephemeral Intermittent Perennial it ? 19 or perennial it >_ 30' i Latitude: Longitude: Other CA k e g Quad Name: A._Geomorphology (Subtotal = _- f y Absent W_qAk Moderate Strong 1a Continuity of channel bed and bank 0 1 2 3 2 Sinuosity of channel along thalweg 3 In -channel structure ex riffle -pool, step -pool. ripple -pool sequence 0 1 1 2 3 - 3 0 4 Particle size of stream substrate 5 Active/relict Floodplain 6. Depositional bars or benches 0 n K71 1 2 3 _ 1 2 3 2 3 7 Recent alluvial deposits 0 1 2 3 8 Headcuts —6-5 0.5 1 2 3 9 Grade control 17 Soil -based evidence of high water table? 0.5 1 1.5 10 Natural valley 0 0.5 1 1.5 11. Second or greater order channelo = Yes= 3 "artificial ditches are not rated; see dis/ssions in manual R I-Ivrirnlnnu rgiihtntnl = _-] 1 12. Presence of Baseflow 0 1 2 0 3 13 Iron oxidizing bacteria 0 1 2 20. Macrobenthos (note diversity and abundance) 3 14 Leaf litter 5 1 0. 0 15 Sediment on plants or debris 0 22, Fish A 1 05 1 5 16 Organic debris lines or piles 1 0 4, —6-5 0.5 1 1 1.5 17 Soil -based evidence of high water table? No = 0 Yes = 3 1 Rintnnu Miihtntal = 1 18, Fibrous roots in streambed 3 12 1 0 19. Rooted upland plants in streambed _ 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21, Aquatic Mollusks 1 2 3 22, Fish A 0 05 1 1.5 23. Crayfish T 0.5 1 1.5 24 Amphibians ) 0.5 1 1.5 25 Algae ,8_� 0.5 1 1.5 26 Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See 35 of manual, Notes: Sketch: September 18, 2012 Doris Sears c/o Woody Yates 4429 NC 55 Hwy Cary, NC 27519 Subject: Jordan Lake Watershed - Urban Transition Buffer Rules Doris Sears Tract 4429 NC 55 Hwy (Real 113:0063084) TCRB 12-018 Dear Mrs. Sears.- The ears: ENGINEERING DEPARTMENT The site location map and other information that was provided, allowed a determination to be made as to whether or not the referenced site would require compliance with The Town of Cary Urban Transition Buffer (UTB) Rules. This project is referenced by the Town of Cary as TCRB 12-018 and one pond with a channel upstream and one downstream as depicted on the attached maps. The table below summarizes the stream determinations made in a site visit on September 13, 2012 for features 'A', 'B' and the pond. This determination is valid until September 13, 2017, Reference ID I USGS Map (100 Pond B Start at Flag 3-150 ft downstream from top of dam Sincerely, Jan Patterson Town of Cary Engineering Department Soil Survey Map5� Buffer) Not x -start at Flag 1: stop at Flag 2 TOWN __R/'GARY 318 North Academy Street -Cary, NC 27513 -PO Box 8005 -Cary, NC 27512-8005 tel 919-469-4030 - fax 919-460-4935- www.towaofcary.org X :0 WithersRavenel Our People. Your Success. NCNHP PROJECT REVIEW LETTER Natural and Ccalrural Resources February 17, 2017 Lyle Phillips WithersRavenel 115 MacKenan Drive Cary, NC 27511 RE: Hillstone at Alston Town Center; 02150277.20 Dear Lyle Phillips: ROY COOPER Gn er r te,. SUSI H. SA NEILTC1IMi NCNHDE-2980 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Matthew Hebb at matthew.hebbancdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program -stats of Wrih CaFohna I deparrment oF.heaturai and Cultural Resorarc�­ I Mttural Heritage Program 221 W. Jones Street I Raleigh. W 77663 ibsi Mail Service Center Raleigh, NC 27699-1692 ww*_nmhR-IL-707-3107 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Hillstone at Alston Town Center Project No. 02150277.20 February 17, 2017 NCNHDE-2980 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name ■ Common Name Global Last Element Group Rank Rank Observation Occurrence G5 S2? Low Date Rank Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004 -Pre H? Damselfly Low Rare Reptile 35531 Ophisaurus attenuatus Slender Glass Lizard 1979-09-13 H? No Natural Areas are Documented Within a One -mile Radius of the Project Area Accuracy Federal State Global State Status Status Rank Rank 5 -Very --- Significantly G5 S2? Low Rare 5 -Very --- Significantly G5 S2 Low Rare Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Wake County Open Space Wake County: multiple local government Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on February 17, 2017; source: NCNHP, Q1 January 2017. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-2980: Hillstone at Alston Town Center February 17, 2017 ❑ Project Boundary ❑ Buffered Project Boundary Managed Area (MAREA) ;:r2yr,.Inl Ra � \ IS � � k,i: ••":: ' :�tzi de VaVIry D.s b -. `IL fQ ,°`. Suencw Mdl gd �, aJir� ''frr C:4 - ,e; n „ I Rap�n I E �B'c •- �0t. callor. lYag RJB � G Dart Pkwy _ y� by e Carp et Apol9oarn�° 4 0� 4b A \ Page 3 of 3 1:21;800 0 0.175 0.35 0.7 mi 0 6.3 0.6 12 km Soun:es: Esri, HERE, 0,eLorme, Inlermap, increment P Carp., GrRCO, USGS, FAO, NPS, NRCAN, GeaSase, IGN, Yadaster N4. Ordnance $—y, Esri Japan, ME7l. Esri China (Hong KQrg)- sudsstnpc, Maprnylndia. 0 Qpen$lreetMap contributors, and the GIS User Commundy :0 WithersRavenel Our People. Your Success. IMPACT EXHIBITS 11 PLOT DATE =2/17/17 ill Nn I Revision VICINITY MAP NTS SITE N I� - - — EASEMENT / 36.5' PRI'(BM 2015, PG 314) � Y B \` PROPOSED PROPERTY LINE.41- EXISTING PROPERTY INE� SCM 3 \ \ FUTURE 100' CARY BUFFER IBOFTBUFFER 4R MPACACTAREA \ qRr u R 1, 50' CARY BUFFER``` 1 OPEN SPACE so.�4R BUFF _ S-1 BUFFER IMPACT #3 ORIGIN\\ � \ 1 WETLAND p 100' CARY BUFFER " I PERMANENT l 0.042 AC 3 'ONSTRUCTE� NDS l S -1A / - _ 1 START WETLANDS 1 404 STREAM '..'.'. X- OPEN SPACE �1F — —36EN IioR,PI:IVAiE)— — — — S-2 STOP S e ...._ MH 5 I A STREAM BUFFER Isesa—olT— BUPPER—EUPAREA FORB 13 LINE 1 Designer BUILDING 1 1000 SCENIC CLUB OR. 514 SPLIT. 1180.U. PINE HILLSTONE AT ALSTON TOWN CENTER WETLAND / STREAM IMPACT EXHIBIT C`_ BUILDING 2 3000 SCENIC CLUB CR. B4 SPLIT -890.U. CLUBILEASINGOFFICE V A 4 AA . I I A'\VA IMPACT #1A RIP -RAP DISSIPATOR INTERMITTENT STREAM PERMANENT 15 LF WETLAND PERMANENT WETLAND & STREAM IMPACT SUMMARY MAP IMPACT # PERMANENT WETLAND IMPACT(AC) PERMANENT WETLAND IMPACT(SF) PERMANENT STREAM IMPACT(LF) A 1 120 A 1A 15 A 2 0.005 233 B 3 0.042 1808 TOTALS 0.047 2,041 135 FUTURE RETAIL SITE POSSIBLE LAYOUT INTERMITTENT STREAM PERMANENT 120 LF Q%, —� S-3 � BUFFER ORIGIN V 8" DIP Z CTED — EIP OVERALL WETLAND AND STREAM IMPACT GRAPHIC SCALE 120 0 60 120 240 1 inch = 120 Ft. 4/ WithersRavenel eetNo 1/ Engineers I Planners I Surveyors 115 MacKenan Drive I Cary, NC 27511 t: 919.469.33401 license #: C-08321 www.withersraveneLcom II PLOT DATE =1/27/17 350 345 E 340 LO CD (V M 0+25 0+50 0+75 SCALE: 1" = 20' HORIZ. 1 " = 2' VERT. 1 I SECTION B -B MPACT#1A / WETLANDS RIP -RAP DISSIPATOR INTERMITTENT STREAM / � \ � PERMANENT 15 LF 350 _ % \ �� IMPACT #1 INTERMITTENT STREAM PERMANENT RIP RAP 120 LF DISSAPPATER IMPACT #2 \ \ WETLAND i PERMANENT .005 AC i i S-2 STOP 3a STREAM BUFFER\ O• \� �O 345 ���/ 340 I TO MATCH PRE -CONSTRUCTION STREAM CONTOUR RIPRAP APRON DETAIL NTS Designer Scale AS NOTED HILLSTONE AT ALSTON TOWN CENTER Drawn By Date Ched<ed By ]oU N.=jj WETLAND /STREAM IMPACT EXHIBIT SQUAREPREFORMED SCOUR HOLE (PSH) (RIP RAP IN BASIN NOT SHOWN FOR CLARITY) i SS 55 j \� X DIL REINFORCEMENT MATTING INSTALL LEVEL AND IF SRM)) FLUSH WITH NATURAL GROUND A o RIPRAP A1111 (SEE PIPE OUTLET DETAIL) RIPRAP GRAPHIC SCALE SECTION A -A 20 0 10 20 40 PLAN VIEW SCOUR HOLE DETAIL NTS IMPACT 1, 1A, & 2 1 inch= 20 ft. \/ WithersRavenel s�,eEl 1/ Engineers I Planners I Surveyors A 115 MacKenan Drive I Cary, NC 27511 t:919.469.33401 license #: C-0832 I www.withersravenel.com I I 48" RC 12" BELOW TREAM MIN. BED 0 Cl) 0 Cl) CD (V M 0+25 0+50 0+75 SCALE: 1" = 20' HORIZ. 1 " = 2' VERT. 1 I SECTION B -B MPACT#1A / WETLANDS RIP -RAP DISSIPATOR INTERMITTENT STREAM / � \ � PERMANENT 15 LF 350 _ % \ �� IMPACT #1 INTERMITTENT STREAM PERMANENT RIP RAP 120 LF DISSAPPATER IMPACT #2 \ \ WETLAND i PERMANENT .005 AC i i S-2 STOP 3a STREAM BUFFER\ O• \� �O 345 ���/ 340 I TO MATCH PRE -CONSTRUCTION STREAM CONTOUR RIPRAP APRON DETAIL NTS Designer Scale AS NOTED HILLSTONE AT ALSTON TOWN CENTER Drawn By Date Ched<ed By ]oU N.=jj WETLAND /STREAM IMPACT EXHIBIT SQUAREPREFORMED SCOUR HOLE (PSH) (RIP RAP IN BASIN NOT SHOWN FOR CLARITY) i SS 55 j \� X DIL REINFORCEMENT MATTING INSTALL LEVEL AND IF SRM)) FLUSH WITH NATURAL GROUND A o RIPRAP A1111 (SEE PIPE OUTLET DETAIL) RIPRAP GRAPHIC SCALE SECTION A -A 20 0 10 20 40 PLAN VIEW SCOUR HOLE DETAIL NTS IMPACT 1, 1A, & 2 1 inch= 20 ft. \/ WithersRavenel s�,eEl 1/ Engineers I Planners I Surveyors A 115 MacKenan Drive I Cary, NC 27511 t:919.469.33401 license #: C-0832 I www.withersravenel.com /7�// \ �� \ \ \ \\ / 1 L __ ---- ___-- / --— _ -- — _---- — \ PROPOSED- \\ \ \ \ \ RETAINING WALL \ - - \ PROPOSED IMPACT #3 _ - - - PARKING LOT \ \ \ \ \ \ \ \I PROPOSED PROPERTY LINE / / (/ / WETLAND PERMANENT ' - /\--- \ 0.042 AC - - ice`v1 S REAM 1\ \ \ \ /WE - PER \ \ 1 J S -1A START 404 STREAM III iJ I I r � I II PLOT DATE =1/27/17 I GRAPHIC SCALE 20 0 10 20 40 1 inch= 20 ft. No. Revision °ate I By Illin--, Scale III AS NOTED Drawn y Date HILLSTONE AT ALSTON TOWN CENTER I M PACT 3 1/ WithersRavenel 1/ Engineers I Planners I Surveyors sneFi uo. B LeckedBy ]obNo. WETLAND /STREAM IMPACT EXHIBIT 115MacKenanDri-ICary, NC27511 t 919.469.3340 I license #: C-0832 I —.wit hersraveneI.com