HomeMy WebLinkAbout20170342 Ver 2_401 Application_20170825Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 8=46-5900
sandec.com
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: James Lastinger
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Deborah E. Shirley
Soil & Environmental Consultants, PA
August 25, 2017
S&EC Project# 12622.W16
NC DWR, 401 & Buffer Permitting Unit
Attn: Karen Higgins
Archdale Building — 9th Floor
512 North Salisbury Street
Raleigh, NC 27604
Re: Woodbury MODIFICATION
AID# SAW -2015-01831; DWR Project #17-0342
Apex, Wake County, NC
On behalf of the applicant & owner, Pulte Home Company, LLC (Attn: Chris Raughley) please find
attached a complete application and supplemental information requesting a modification to the existing
404 Nationwide Permit Verification and 401 Approval from the U.S. Army Corps of Engineers and the N.
C. Division of Water Resources. This modification request includes the removal of a wetland impact for a
stormwater BMP (Impact #2 and the use of NWP 18), the modification of two road crossings with wetland
impacts (#'s 3 & 20), the addition of an offsite sanitary sewer impacting a wetland and stream (#'s 26, 27
& 28). Additionally, this modification is requesting an update to the compensatory mitigation plan.
Restoration Systems, the original private mitigation bank that accepted the stream mitigation for the
project, does not currently have the full amount of stream credits needed. Therefore, the NC Division of
Mitigation Services has provided acceptance for 58 LF of stream mitigation for the project. And finally,
per the permittee, the purpose for the additional offsite sanitary sewer impact is because the property
owner (McKinnish) would not provide access or give permission to delineate any environmental features
within his property boundaries. The original sanitary sewer easement and design avoided the wetland
area; however the property owner required the easement to be located along the northern property line.
All updated information for this modification request within the attached PCN application is in
BOLD. Please contact me at (919) 846-5900 if you have any questions or require additional information.
PROJECT SUMMARY
Project Name
Woodbury
Project Type
Residential Development
Owner / Applicant
Pulte Home Company, LLC
County
Wake
Nearest Town
Apex
Waterbody Name
Little Beaver Creek
Basin
Cape Fear
Index Number
Class
-16-41-11-(l)
WS -IV, NSW
PREVIOUSLY AUTHORIZED CURRENT REQUEST
Stream Impact (acres):
0.139
0.145
Wetland Impact (acres):
0.302
0.484
Open Water Impact (acres):
0
0
Total Impact to Waters of the U.S. (acres)
0.441
0.629
Total Stream Impact (linear feet):
711
752
Attachments:
Pre -construction Notification (PCN) Application Form
Agent Authorization Forms
Easement Agreement
NRCS Soil Survey Map
USGS Topographic Map
Town of Cary-TCRB 15-012
404 Nationwide Permit 18 & 29 Verification (AID#SAW-2015-01831)
401 Approval (DWR #17-0342)
NCDMS Mitigation Receipt
CMRT form -wetland mitigation
Restoration Systems SOA letter
NCDMS Mitigation Acceptance letter
Existing Conditions & Overall Grading Plan
Wetland & Stream Impact Packet
NCDWR ONLY:
$240 DWR Application fee
of wnTEg
bq� Office Use Only:
} y Corps action 1D no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Farm
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 (OMITTED NWP 18) or General Permit (GP) number: NIR
1c.
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:
❑ 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-fieu
fee program.
® Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ® No
1h,
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
2a.
Project Information
Name of project: Woodbury MODIFICATION
2b.
County:
Wake
Apex {New Hill)
2c.
Nearest municipality /town:
2d.
Subdivision name:
Woodbury
2e.
3.
NCDOT only, T.I.P. or state NIA
project no:
Owner Information
3a.
Name(s) on Recorded Deed:
Pulte Nome Company, LLC Timothy D. McKinnish
3b.
Deed Book and Page No.
16792, 2460; 16792, 2468; 13986, ,430
3c.
Responsible Party (for L.LC K
applicable):
Chris Raughley
3d.
Street address:
1225 Crescent Green Drive, Ste. 250 PO Box 58232
3e.
City, state, zip:
Cary, NC 27518 Raleigh, NC 27858
3f.
Telephone no.:
919-816-1161 NIA
3g.
Fax no.:
NIR NIA
3h.
Email address:
Chris.Raughley(d7PulteGrou2.com NIA
Page 1 of 14
PCN Form — Version 1.3 December 14, 2008 Version
Page 2 of 14
icant Information (if different from owner)
cant is:
ff4b.Name:
❑ Agent ® Other, specify: Developer -please send correspondence to Agent
and Applicant
Chris Raughley
4c.
Business name
(if applicable):
Pulte Nome Company, LLC
4d.
Street address:
1225 Crescent Green Drive, Ste. 250
4e.
City, state, zip:
Cary, NC 27518
4f.
Telephone no.:
999-816-9969
4g.
Fax no.:
NIA
4h.
Email address:
Chris. Rgughlev(a-)PulteGroup. com
S.
AgentlConsultant Information (if applicable)
5a.
Name:
Deborah Edwards Shirley
5b.
Business name
(if applicable):
Soil & Environmental Consultants, PA
5c.
Street address:
8412 Falls of Neuse Road, Ste. 104
5d.
City, state, zip:
Raleigh, NC 27615
5e.
Telephone no.:
919-846-5900
5f.
Fax no.:
999-846-9467
5g.
Email address:
ASh1rley0.g9n0&. cpm
Page 2 of 14
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Parcel ID: 0720056812, 0710960217, 0710859688,
0710950202,0710849841,0710852491,0710865906
1 b. Site coordinates (in decimal degrees): IMPACT #28
Latitude: 35.6913 Longitude: -78.9396
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
t 149
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Little Beaver Creek 16-41-19-(1)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-IV;NSW
2c. River basin:
Cape Fear (Jordan Lake); Hydrologic Unit Code
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: Existing conditions consist of an assemblage of properties that are mostly forested with some open areas.
There are two large jurisdictional ponds, a perennial stream system along the northern property boundary and multiple
intermittent streams and wetland areas throughout the property. Finally, there are some existing residential structures and
driveways. The general land use in the vicinity of the project is rural residential.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 1.98 acres of wetlands and approximately 2.06 acres of open waters.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 6,997 linear feet
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential development and construct the infrastructure necessary
to access the property.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of the construction of roadway infrastructure, utilities, single -family lots and stormwater
BMP's. Specifically, there are stream and wetland impact for road crossings, stream and wetland impacts for
sanitary sewer crossings, wetland impacts for roads and lot fill. Equipment typically used for construction and
earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes F-1 No F-1 Unknown
project (including all prior phases) in the past?
Comments: AID# SAW-2095-09839
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Comments: A Preliminary JD was issued with the 404
® Preliminary ❑ Final
NWP verification. Steven Ball sent information for the
additional wetland and stream area via email on 08-24-
17.
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Soil & Environmental
Name (if known): Steven Ball
Consultants, PA Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE- James Lastinger with the Corps verified jurisdictional areas on August 4, 2095 (AID# SAW-2095-09831);
Town of Apex- Ricky Temple with the Town of Apex conducted an Apex Buffer determination on August 12, 2014 and
March 6, 2017, see attached letter (Apex#15-012).
Page 3 of 14
PCN Form — Version 1.3 December 10, 2008 Version
Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A PCN Application was submitted on March 23, 2097 by Soil & Environmental Consultants, PA. A 409 Water
Quality Certification Approval was issued (DWQ Project #97-0342) for 799 linear feet of permanent & temporary
stream and 0.302 acres of permanent wetland impacts. A 404 Nationwide Permit Verification was also issued
(A/D # SAW -2095-09839) for 799 linear feet of permanent & temporary stream and 0.302 acres of permanent
wetland impacts.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The project will be phased through construction. Phase 1 will include 923 lots to the west between New Hill Olive Chapel
Road and 95t stream and pond. Phase 2 will include 928 lots in the middle of the site between the streams and ponds.
Phase 3 will include 249 lots to the east between the 2"d stream and OHE easement.
Page 4 of 14
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 — Permanent
Type of impact
Type of
Forested
(Corps - 404, 10
Area of impact
(P) or Temporary (T)
wetland
DWQ — non -404, other)
(acres)
if known
W6 (#2) ® P T
Elp
BMP Grading
Bottomland
Hardwood
® Yes
® Cor s
OMIT
NWP 18
Forest
F] No
El DWQ
W6#3 ® ❑ T
( ) P
Bottomland
®Yes
Corps
(Sheet B)
Road Grading
Hardwood
❑ No
❑ DWQ
0.035
Forest
W6 (#4) ® P ❑ T
Lot Grading
Bottomland
Hardwood
® Yes
® Corps
0.021
Forest
❑ No
DWQ
W2 (#7) ® P ❑ T
Lot Grading
Bottomland
Hardwood
® Yes
® Corps
0.013
Forest
El No
DWQ
W13#20 ® ❑ T
( ) P
Bottomland
®Yes
Corps
(sheet G)
Road Grading
Hardwood
❑ No
❑ DWQ
0.046
Forest
W16 (#25) ® P ❑ T
Road Grading
Bottomland
Hardwood
® Yes
® Corps
0.116
Forest
❑ No
DWQ
W19#26 ❑ P ® T
( )
Utility -Open Cut
Bottomland
Yes
Corps
sheet I
( )
(Construction
Corridor)
Hardwood
Forest
F] No
DWQ
0.126
W19#27 ® ❑ T
( ) P
Utility -Open Cut
Bottomland
Yes
Corps
sheet I
( )
(Permanent -No
Hardwood
❑ No
El DWQ
0.127
Perm Loss)
Forest
2g. Total wetland impacts
0.484
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 -Permanent
(PER) or
(Corps - 404, 10
stream
length
(P) or Temporary (T)
intermittent
DWQ — non -404,
width
(linear
(INT)?
other)
(feet)
feet)
A (#1) F] P ®T
Sewer Crossing-
Little Beaver
® PER
® Corps
19
47
Open Cut
Creek
E] INT
❑ DWQ
M (#5) El P ®T
Sewer Crossing-
Little Beaver
El PER
® Corps
6.5
43
Open Cut
Creek
® INT
El DWQ
B (#6) ❑ P ® T
Sewer Crossing-
UT to Little
❑ PER
® Corps
6.5
41
Open Cut
Beaver Creek
® INT
❑ DWQ
Page 5 of 14
PCN Form —Version 1.3 December 10, 2008 Version
C (#8) ❑ PET
Road Crossing-
Construction
UT to Little
[:1 PER
® Corps
6
8
Activities
Beaver Creek
®INT
El DWQ
Rip -Rap Dissipater-
UT to Little
E] PER
® Corps
C (#9) ® P [-IT
Permanent -No Perm
Beaver Creek
®INT
E] DWQ
6
27
Loss
C (#10) ® P ❑ T
Road Crossing-
UT to Little
❑ PER
® Corps
6
76
Culvert
Beaver Creek
® INT
❑ DWQ
Road Crossing-
UT to Little
El PER
® Corps
C (#11) ❑ P ® T
Construction
Beaver Creek
®INT
El DWQ
6
34
Activities
B (#12) El ® T
Road Crossing-
Construction
UT to Little
Beaver Creek
El PER
® Corps
11
18
Activities
®INT
El DWQ
B (#13) ® P F1
Rip -Rap Dissipater-
Permanent -No Perm
UT to Little
Beaver Creek
❑ PER
® Corps
11
30
Loss
®INT
F] DWQ
B (#14) ® P ❑ T
Road Crossing-
UT to Little
❑ PER
® Corps
11
116
Culvert
Beaver Creek
® INT
❑ DWQ
B (#15) El ® T
Road Crossing-
Construction
UT to Little
Beaver Creek
El PER
® Corps
11
49
Activities
®INT
El DWQ
Road Crossing-
UT to Little
El PER
® Corps
B (#16) El ® T
Construction
Beaver Creek
®INT
El DWQ
8
22
Activities
B (#17) ® P ❑ T
Road Crossing-
UT to Little
❑ PER
® Corps
8
31
Culvert
Beaver Creek
® INT
❑ DWQ
Rip -Rap Dissipater-
UT to Little
E] PER
® Corps
B (#18) ®P ❑ T
Permanent -No Perm
Beaver Creek
®INT
❑DWQ
8
19
Loss
Road Crossing-
UT to Little
El PER
® Corps
B (#19) ❑ P ® T
Construction
Beaver Creek
®INT
El DWQ
8
19
Activities
Road Crossing-
UT to Little
El PER
® Corps
C (#21) ❑ P ® T
Construction
Beaver Creek
®INT
El DWQ
4
24
Activities
C (#22) ® P ❑ T
Road Crossing-
UT to Little
❑ PER
® Corps
5
71
Culvert
Beaver Creek
® INT
❑ DWQ
Rip -Rap Dissipater-
UT to Little
El PER
® Corps
C (#23) ® P El
Permanent -No Perm
Beaver Creek
®INT
❑DWQ
5
20
Loss
Road Crossing-
UT to Little
[:1 PER
® Corps
C (#24) El ® T
Construction
Beaver Creek
®INT
El DWQ
5
16
Activities
O (#28) ❑ P ® T
Sewer Crossing-
UT to Little
❑ PER
® Corps
7
41
Open Cut
Beaver Creek
® INT
❑ DWQ
3h. Total stream and tributary impacts
752
3i. Comments: Total proposed permanent loss to intermittent, NCSAM (Function Class Rating High) stream =263 linearfeet;
Total proposed permanent loss to intermittent, NCSAM (Function Class Rating Medium) stream =31 linear feet; total proposed
permanent, no permanent loss to intermittent, NCSAM (Function Class Rating High) stream = 77 linear feet; total proposed
permanent, no permanent loss to intermittent, NCSAM (Function Class Rating Medium) stream = 19 linear feet, total
proposed temporary impacts to Perennial stream= 47 linear feet; total proposed temporary impacts to intermittent stream= 315
linear feet.
Page 6 of 14
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 im acts below.
4a.
4b.
4c.
4d.
4e.
Open water impact
Name of waterbody
number— Permanent
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
P or Temporary T
01 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then com fete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
pond
Flo
ode
Filled
Excavated
Flooded
Filled
Excavated
Flooded
d
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:
Page 7 of 14
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact number
— Permanent (P) or
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Temporary (T)
Stream name
mitigation
(square feet)
(square feet)
required?
B1 ❑P❑T
[I Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3❑P❑T
El Yes
❑ No
B4 ❑ P ❑T
❑ Yes
❑ No
B5 ❑ P ❑T
❑ Yes
❑ No
6h. Total buffer impacts
6i. Comments: A no practical Alternatives request and review will be completed by the Town of Apex
Page 8 of 14
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impact #2 was a wetland impact (previously authorized) for a storm water BMP that has been omitted from the
impact plan. Impact #3 is a wetland impact (previously authorized) for road grading and has increased by 0.009
acres. This impact is necessary for a road and fill slopes. Impact #20 is a wetland impact (previously
authorized) has been minimized by 0.024 acres. Impact #'s 26 & 27 is proposed temporary and permanent -no
permanent loss wetland impacts for a sanitary sewer. This impact is necessary to connect the sanitary
sewer to the proposed subdivision. This impact is proposing 0.926 acres of temporary wetland impacts for
construction, and 0.127 acres of wetland impact for the permanent maintenance corridor. Impact #28 is a
proposed temporary open -cut stream crossing for a sanitary sewer. This impact is necessary to connect
the sanitary sewer to the proposed subdivision. This impact is proposing 41 linear feet of temporary
stream impact. Per the applicant, impacts 26, 27 & 28 could not utilize Bore & Jack or the Directional Drill
construction methods because 1) rock has been encountered in a recent Bore & Jack installation in Apex
which cause the sewer to be installed out of alignment in the casing. With the slope of the pipe as flat as
required by the Town of Apex, it is not feasible to rely upon the Bore & Jack or Directional Drilling for the
tight tolerance; 2) the bore pit along New Hill Olive Chapel Road would result in more impacts to the
wetlands.
Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permit 29. With
respect to residential development conditions (NWP 29 -Regional Conditions section 4.0) this project is not
proposing impacts to streams or wetlands associated with stormwater facilities, there are no proposed impacts
associated with single-family recreation facilities; there are no proposed permanent above -grade fills within
wetlands or stream within the floodway/floodplain; this project is not proposing discharges to High Quality
Waters, Coastal Wetlands or wetland adjacent to these waters); any riprap stabilization needed will be placed
only on the stream banks or if needed within the stream bed, the finished top elevation of riprap will not exceed
that of the original stream bed; and the utilities proposed are anticipated to comply with the terms and
conditions, including regional conditions of NWP 12.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Contractor to follow the following construction sequence:
Contractor shall notify the Town of Apex Public Works 48 -hours in advance of start of work during a period of time
with no rain in the forecast.
Prior to start of work, contractor shall have all materials and equipment on-site. The carrier pipe shall be installed
within the sewer casing pipe prior to any open cut activities.
Contractor shall install a temporary coffer dam on the upstream side of the proposed crossing and pump water
around the open cut area to the downstream side.
Contractor shall place the culvert or sewer casing with carrier pipe at elevations shown on the approved plans and
backfill in accordance with Town of Apex specifications.
Contractor shall restore channel and stabilize any disturbance within 24 -hours of start of work.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
® Mitigation bank
2c.
If yes, which mitigation option will be used for this
®Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
Page 9 of 14
PCN Form — Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Restoration Systems —Bass Mountain Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type: Stream
Quantity: 236
3c. Comments: Restoration Systems does not currently have the full amount of stream credits needed, therefore a
portion have also been accepted by the NCDMS. See updated SOA letter
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:
58 linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0.604 acres (paid)
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments: Please see attached receipt for wetland mitigation payment (DMS#24349), and new NCDMS
Acceptance letter for 58 LF of stream mitigation.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments: A no practical Alternatives request and review will be completed by the Town of Apex
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. 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.
® Yes ❑ No
Page 10 of 14
Page 11 of 14
Comments: As per the project engineer, the Stormwater Management Plan utilizes
stormwater control measures which provide a minimum of 30% Nitrogen reduction
for piped networks. Impervious areas from lots adjacent are to remain as
disconnected impervious thereby achieving diffuse flow through the buffer.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
41
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:
Per the project engineer. A combination of disconnected impervious on lots adjacent
to buffers, five (5) stormwater wet
detention ponds will provide 85% TSS removal, Nitrogen reduction for diffuse flow compliance, and peak flow attenuation
forthe 1- and 10 -year 24-hour storm events.
® 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 Apex
® 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
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 11 of 14
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 409 Water Quality Certification and Isolated
Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill,
most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The
Woodbury Subdivision project is a residential development. The property is located within the Town of Apex ETA,
therefore the adjacent properties that have potential for development will have the following regulations to protect
downstream waters: 1) the Water Supply, Watershed Protection Program which limits development densities as well as
requires protective riparian buffers; 2) the Jordan Watershed Riparian Buffer Protection regulations, these regulations
require limited development within the riparian buffer area in addition to "diffuse flow" requirements and could require Best
Management Practices that control nitrogen if diffuse flow cannot be achieved, and finally 3) the Phase 11 NPDES
Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems
(MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise
us if any additional information is needed.
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.
Sewerfrom the project will connect to the 24" Little Beaver Creek Sewer Outfall which conveys to the Jordan Pointe Pump
Station with a force main to the New Hill WRF.
Page 12 of 14
PCN Form —Version 1.3 December 10, 2008 Version
S. 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?
The NC -Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally
protected species listed within 1 mile of the project boundaries.
It was determined based on the search that there is a historical occurrence of Red -cockaded Woodpeckers in this area
that were last observed in 1978. Per NHP nheo tier 1 Shapefile Dated February 2017, "One Cavity Tree Noted In Winter
of 1978. No Birds Seen. Woods Had Been Clear Cut By Mid-1980s, And Birds Presumed To Have Vanished " The
occurrence was noted, "South Of New Hill, Southwest Of Railroad Tracks On Sr 1135, Behind Old, Unoccupied House."
Note also that Froshling & Robertson, Inc. completed a Review of Historic Resources and Protected Species on this
parcel. NC Natural Heritage Program was contacted and they provided a letter indicating that "a query of the NCIVHP
database, based on the project area mapped with your request, indicates that there are not records for area species,
important natural communities, natural areas, or conservationlmanaged areas within the proposed project boundary.
Letter attached with previous application submittal.
Please note the final 4(d) rule identifies the Northem Long-eared Bat as a Threatened species within Wake County.
References: North Carolina Natural Heritage Program Data Explorer Search [February 21, 2017]. Department of
Environment and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC. httn A' ww. Qgaw'orerl
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
fib. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat ConservationMabitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website
was referenced. No Essential Fish Habitat was identified near the project.
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? The NC
State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on February 3, 2017, no historic
listings or study list entries or determined eligible listings were identified within the property boundaries.
Note also that Froehling & Robertson, Inc. completed a Review of Historic Resources and Protected Species on this
parcel, The NC Department of Natural and Cultural Resources provided a letter indicating that historic resources which
would be affected by the project exist. Letter attached with previous application submittal.
Page 13 of 14
8. Flood Zone Designation (Corps Requirement)
8a, Will this project occur in a FEMA -designated I00 -year floodplain? ® Yes ❑ No
8b. if yes, explain how project meets FEMA requirements:
Per the project engineer, Work within the 100 yeart7oodplain is limited to a gravity sewer connection to the 24" Little Beaver
Creek Sewer Ouffall, as well as rill forlot grading and construction of a portion of Stormwater Control Measure #2.
8c. What source(s) did you use to make the floodplain determination? Perprojectengineer& NG Floodplain Mapping
Program
Deborah E. ShirleyL
U-
August 25,
— . 2.(,
ApplicantlAgent's S' nature
2017
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from theplicant
is provided.)
Date
Page 14 of 14
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Pas: (919) 840.9407
sandec.eom
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Woodbury (aka Bristol Tract) S&EC Project # 12622
Date: Auuust 14.2017
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: James Lastinger Field Office: Raleigh Regulatory Field Office
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described
for the purpose of conducting on-site investigations and issuing a determination associated with Waters of
the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the
Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf
and take all actions necessary for the processing, issuance and acceptance of a permit or certification and
any and all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0720-05-6812
Site Address: 2521 New Hill OIive Chapel Road
City, County, State: Town of Apex, Wake County,North Carolina
Name: Pulte Home Company, LLC
Mailing Address: 1225 Crescent Green Drive, Suite 250, Cary, NC 27513
Telephone Number: 919-816-1100
Email: chris.raughlev(cTj)ultegroup.com
Chris Raughley
Property Owner (please print) Date
Property Owner
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,
Soil & Environmental Consultants, PA►.
8412 Pnlio v{ Neuaa Rand, Suike'{(74, Raleigh. NC 37l>i5 • Phrn)e: (9'li) 841.•SDIXJ � 1�xx: (91 � 84G -94G7
QNl{1CY',Cb)fl
FgO�'ERTY OWNER CERTIFICATION / AGENT AUTHORIZAVON
Project Narle/Description: Woodbu[y S&EC. Project 4 12622 Date:
The Depart_tuent ofthe Army
_�T.,8 Aririy Corps ofEhiji,6&s, Wilnfttoh District
69 Darlington Avenge
Wilmington, NC 28403
Atm: ,ernesLaslinger Field Office: Raleigh ReQulato[y Field Office
1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmingtoai District, U.S. Army Corps of Engi:ueers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described
for the purpose of conducting on-site investigations and issuing a determination associated with Waters of
the U.S. subject to Federal jurisdiction under Section 404 of -the Clean Water Act and/or Section 10 of the
Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf
and take all actions necessary for the processing, issuance and acceptance of a permit or certification and
any and all associated standard and special conditions. This notification supersedes any previous
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property wheii accompanied by S&EC staff You should call S&F-C to arrange a site
_1sloodng prior to visiting the site. .
PARCEL INFORMATION:
Parcel Index Nut ber(s) (PIN): 0710,02-86-5906
Site Address: 6836 Twin Pends Lane
City, County, State: New Bill, NC 27562
PROPERTY OWNER INFORMATION:
Name: Tiniothv D McKinnish
Mailing Address: PO Box 58232Raleiab, NC 27658
Telephone Number:
Property Own • (please rint) "' bate
Property Owner ig tura - -
We hereby certify the above inli?rmathm submitted in this applIngtlon is true and accurate to
the best of our knowledge:
C /Z 'asvff ZZ:ST LTOZ'TZ'aEN
BKO16748PGO0509
Excise Tax: S O
After Recording Mail to:
Brief Description for index:
Parcel Identifier:
WAKE COUNTY. NC 239
LAURA K RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
04li0J2017 16:37:27
BOOK:016748 PAGE:00509 - 00513
Apex Town Attorney, P.O. Box 250, Apex, NC 27502
Sewer
Portion of # 0710-86-5906
STATE OF NORTH CAROLINA DEED OF SEWER EASEMENT
WAKE COUNTY
THIS DEED OF SEWER EASEMENT, made this r 07''day of 4,r 2011 -by
and between:
GRANTOR
Timothy D. McKinnish
P.O. Box 58232
Raleigh, NC 27658-8232
GRANTEE
Town of Apex,
a municipal corporation of the State of
North Carolina
P.O. Box 250
Apex, NC 27502
In this instrument, the term "Grantor" and "Grantee" includes the singular, plural,
masculine, feminine, or neuter as required by context.
WITNESSETH:
THAT WHEREAS, Grantor is the Owner of a certain tract of land comprising
approximately 18.56 acres, which is designated as PIN #s 07102-86-5906, by the Wake County
Revenue Department and is more particularly described in the deed recorded in Deed Book
13186 Page 430, Wake County Registry (hereinafter "Grantor's Lands"), and Grantor has
agreed to convey to Grantee the real property interests described below on the terms hereinafter
set out.
SEWER EASEMENT:
NOW THEREORE, Grantor, for and in consideration of the sum of Ten Dollars (510.00)
and other good and valuable consideration paid to Grantor by Grantee, the receipt of which is
hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell,
and convey unto Grantee and its successors and assigns a perpetual easement to construct, install,
utilize, improve, remove, upgrade, replace, inspect, repair, rebuild, add, reconfigure, maintain,
use, and operate a system of pipelines for sanitary sewer purposes, together with all the
BKO16748PGO0510
appurtenant facilities and equipment necessary or convenient to any of the above, in, upon,
through, above, over, under, and across the portion(s) of Grantor's Lands described as follows:
Being the area designated as a "NEW 40' TOWN OF APEX PUBLIC UTILITY
EASEMENT" consisting of approximately 0.535 acres (23,298 square feet), as
shown on Exhibit "A" attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the aforesaid sewer easement interests and all privileges and
appurtenances thereunto belonging to Grantee, its successors and assigns forever; this permanent
sewer easement shall be perpetual and binding upon the heirs, successors, and assigns of the
Grantor.
The sewer easement conveyed herein shall have the following additional terms:
1. Grantee has the right to remove and control vegetation and obstructions in the
easement conveyed herein;
2. all of Grantee's lines, pipes, facilities, structures, and related items installed in the
easement are the property of Grantee;
3. Grantor shall not construct any structure within the easement conveyed herein
unless Grantor obtains Grantee's prior written approval;
4. Following the installation of Grantee's line, facilities, structures, or related items,
Grantee will restore areas that it has disturbed in accordance with reasonable
engineering and landscaping practices.
Grantor does covenant that Grantor is seized of Grantor's Lands in fee simple, has the
right to convey the easement interests described herein, that the same are free from
encumbrances, and that Grantor will warrant and defend the title to same against the claims of all
person whatsoever, except for the exceptions hereinafter specifically stated:
IN WITNESS WHEREOF, Grantor has executed this Deed of Sewer Easement under
seal pursuant to due authority as of the day and year indicated below.
(SEAL)
IMOT . MCI ISH
BK016748PGO0511
NORTH CAROLINA
WAKE COUNTY
I, a Notary Public of the County and State aforesaid, certify that 1 rn o�� .
(%ALV_ cr, rig'Sh personally appeared before me this day and acknowledged the execution of the
foregoing instrument.
(`Witness my hand and official stamp or seal, this the _ \,R day of t 201
[Signature qfNota4 Public]
My Commission Expires: O 2 v
E
NEY THOMAS
tary Public
Co., North Carolina
Expires March 31, 2020
i
[Signature of Notary Public]
My Commission Expires:'(1'1Cle rC" ZzIQ
G.•WVLegal (MAR UDrive)IDIVISIONS(FAST REGIOAglRaletghlRealEstateUordanManors AcreageVPost Closing UtilityEasementsforJM
and Bristol UcKinnish fMcKlnnish Sewer Easement v3. docx
BKO16748PGO0512
EXHIBIT "A"
MS WP 6 NW A COU71W SUR4Y AND W
NOT BEfN RfYIEAfp H1' A LDCLL GUYFRYYp?
ACMVCCY FW7 Q1IPLGNCE WfN ANY APPLICABLE
LAND DCOMO GENT RECO ATIOn
/7 m xwceL x sror
_ t SEAL aaxQ1 c saxc
�r L-4885 �t enaGr-as-rxv
100 YEIR
_ («
FLOOD
Lmr
NBH,00,16•E 397.12' .` 4
588'00'16 W • 392.86'
31.IH�.
582 /
>'Ar#
SEM E4SE6VVT/
SM5„ DGS
� lata rw a- nurwY �w�Y a� sarrAY
TON7NY a :Y.PY
D.H. f3ra6, Fa 40
BA 2003, Pr 7244
PJA 0710.W--U-39M I /
~' 1
1 _
1 '�"•� ,� / vrsxav a tortav ,¢ter, L � .
\ f eetEN ,w> �aa..uTq
el. 19N. Pa. 119 RIM4 axlauas�
IAO mm .
FLOOD LWE •I
s�NEW 40'TOWN OF X
BY: AB SEWER EASEMENT
b CLO9AE 8Y; lMG
E 8WTOL TOA+UEG
`iMk 7c�eaf.0
slf� Lar4�e7.]7
sc aaD
wo as [mr1)
M( QAa111.e1
x(e� C C.Mra.a
wa aT !20„)
lararEE as
auD smiu
Da. 111.0. 110. IAM
LOr
aY )Det A} )!a
P�.x m/aw--ae-a:n
SCALE IN FEET
WithersRavenei
lipfilQrcen I Ptanrtrl t Swvetcrs
a..�e..rerarl
errwrasaid,...cass
ss011KnYCi<
erNM
�
MM)
Po'r maw
NOT=
LAQV C&-PU 0 PY 000M.AM Y5T =
acft S: w w (1x11)
F4\,'t
M' 1wx aruu
uraflY F.ISESKwr
RCNr-ar-v
'�^�
'� �;j
•. _
z AU asswES I -W 10MMN x araamPLOLC
A ,-m R US 4AM1TY nx,
�iMS➢IhYYR1YiDfi1TL9 . A OQY ,M
FLOWN
1E W FLOW IOK
SMEA [SiY1mw
la0' A7apW LVft
srTaTW ewror
. • . • ..
_�
1T}N FIWD PfAAl AS S/tAr11' ON T7KICO
'MsmOICRGACY UAWM iT AGMCr
AOO!➢EUVMF PATE WP AQ
FEwb roao-c PAAEL G>:ra aracmc atiY
F�a1NM 2 mol.
ViCINRYKAP
NOT TO SCALE
MS WP 6 NW A COU71W SUR4Y AND W
NOT BEfN RfYIEAfp H1' A LDCLL GUYFRYYp?
ACMVCCY FW7 Q1IPLGNCE WfN ANY APPLICABLE
LAND DCOMO GENT RECO ATIOn
/7 m xwceL x sror
_ t SEAL aaxQ1 c saxc
�r L-4885 �t enaGr-as-rxv
100 YEIR
_ («
FLOOD
Lmr
NBH,00,16•E 397.12' .` 4
588'00'16 W • 392.86'
31.IH�.
582 /
>'Ar#
SEM E4SE6VVT/
SM5„ DGS
� lata rw a- nurwY �w�Y a� sarrAY
TON7NY a :Y.PY
D.H. f3ra6, Fa 40
BA 2003, Pr 7244
PJA 0710.W--U-39M I /
~' 1
1 _
1 '�"•� ,� / vrsxav a tortav ,¢ter, L � .
\ f eetEN ,w> �aa..uTq
el. 19N. Pa. 119 RIM4 axlauas�
IAO mm .
FLOOD LWE •I
s�NEW 40'TOWN OF X
BY: AB SEWER EASEMENT
b CLO9AE 8Y; lMG
E 8WTOL TOA+UEG
`iMk 7c�eaf.0
slf� Lar4�e7.]7
sc aaD
wo as [mr1)
M( QAa111.e1
x(e� C C.Mra.a
wa aT !20„)
lararEE as
auD smiu
Da. 111.0. 110. IAM
LOr
aY )Det A} )!a
P�.x m/aw--ae-a:n
SCALE IN FEET
WithersRavenei
lipfilQrcen I Ptanrtrl t Swvetcrs
a..�e..rerarl
errwrasaid,...cass
44.
THE PEAK OF GOOC Lill,,
August 12, 2015
Steven Ball, RF
NC Registered Forester # 1723
Soil and Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27515
Mobile -919-691-2114
Of£ice-919-845-5900
Sandec.com
Subject: Stream Buffer Determination
Bristol Tract
Primary Watershed—Jordan take Watershed
Dear Mr. Ball,
S'Oam of C' �
P. 0. Pox 2ZO
APEX. NORTH CAROLINA,27502
pex 15-Q1
On August 12, 2014, 1 visited the subject site with you to review drainage features as shown on
the USDA Soil Survey and/or USGS Topographic maps and determine if they were subject to the
Town of Apex (Town) riparian buffer rules. Based on the information obtained during the site
visit and per the requirements set forth in Section 5.1.11 of the Town Unified Development
Ordinance (UDO), I have determined the following riparian buffer widths as summarized in the
table below and shown on the attached map titled, "Bristol Traci'.
Shown as
Drainage
Shown as
Determination made
Determined Buffer
on Soil
Feature
on USGS
In the field
Width
Survey
Feature B
(below pond)
Intermittent
Perennial
Intermittent (29)
50 Feet
Feature C
(above flag
Intermittent
Intermittent
Ephemeral (8)
0 Feet
S02)
Feature E
Not Present
Intermittent
Ephemeral (14)
0 Feet
Town of Apex
Stream Buffer Determination (Apex 15-012)
Page 2 of 2
Feature F
Not Present
Intermittent
Ephemeral (16)
0 Feet
Feature G
Not Present
Intermittent
Ephemeral (16.5)
0 Feet
Feature H
(above flag
S01)
Not Present
Intermittent
Ephemeral (12)
0 Feet
Feature L
Intermittent
Perennial
Ephemeral (15.5)
0 Feet
This on-site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the Division of Water Quality (DWQ) or
Delegated Local Authority in the Jordan Lake watershed may request a determination by the
DWQ Director,
An appeal request must be made within sixty (60) days of date of this letter or from the date
the affected party (including downstream and/or adjacent owners) is notified of this letter, A
request for a determination by the Director shall be referred to the Director in writing c/o Ian
McMillan, DWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650.
Otherwise the appeal procedure will be in accordance with UDO Section 6.1.11.
If you dispute the Director's determination, you may file a petition for an administrative
hearing. You must file the petition with the Office of Administrative Hearings within sixty (60)
days of receipt of this notice of decision. A petition is considered filed when it is received in the
Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm,
except for official State holidays. To request a (rearing, send the original and one (1) copy of the
petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714. A copy of the petition must also be served to the Department of Natural Resources, c/o
Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal
within sixty (60) days. If you have any questions, please do not hesitate to contact me at (919)
249-3524.
Sincerely,
Ric y Temple
1
Environmental Specialist
Attachments
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2015-01831 County: Wake U.S.G.S. Quad: NC -NEW HILL
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Pulte Home Comnanv, LLC
Chris RauEhley
Address: 1.225 Crescent Green Dr.
suite 250
Cary, NC 27518
Telephone Number: 919-816-1161
Size (acres) 149 Nearest Town Apex
Nearest Waterway Little Beaver Creek River Basin Cane Fear
USGS HUC 03030002 Coordinates Latitude: 35.688536942574
Longitude: -78.9328983006993
Location description: The proiect site is approximateiX 149 acres located ad'acent to New Hill Olive cha el Rd., near the town
of Apex, Wake County, North Carolina. Aquatic resources on site drain -to Little Beaver Creek in the Cape Fear River basin.
Description of projects area and activity: This permit verification allows for 711 linear feet of stream channel im acts and 0.302
acre of wetland impacts in accordance with the below table. Mitigation is required for this proposal.
WETLAND & STREAM
FERIAMENT
TEMPORARY PERMANENT (NO PERMANENT LOSS)
"-
ca (DISSPATERS)
UJ
c _
9i STREAM WETLANDS STREAM WETLANDS STREAM WETLANDS
(LF)
(SF)
(SF) (AG) (LF)
(SF
(SF) (AC)
(LF)
(5F) (SF)
[AC)
1
SEWER CROSS7JG
47
919
-
2 1
SCM 0 b GRNDING
D.p66
3
ROAD GRAWNG
0.02$
4
LOT GRADING
0.021
5
SEWER CROSSING
43
784
6
SEWER CROSSING
41
263
71
LOT GRADING
0.013
8
ROAD CROSSING
a
52
9
RIP -RAP
DISSIPATOR
27
158
10
RDAD CROSSING
7e
491
11
ROAD CROSSING
34
1 242
ROAD CROSSING
18
211
r.14
RIP-
Dk: SIPATOR
30
369
ROAD CROSSING
1'18
1,269
_
ROAD CROSSING
49
444
_
1111
ROAD CROSSING
22
172
17
ROAD CROSSING
31
260
18
RIP -RAP
DISSIPATOR
19
156
19
ROAD CROSSING
19
130
20
ROAD CROSSING
0.070
211
ROAD CROSSING
24
101
221
ROAD CROSSING
71
354
23
RIP -RAP
DISSIPATOR
20
141
24
12-5
ROAD CROSSING
10
81
ROAD CROSSING I
1
11
6.116
TOTAL 1
321 12,89c,
1
- I - 294
2,374 1
- 0.302 1
96 1
784 -
-
SAIV-2015-01831
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: MVP 29 Residential Developments and MVP
18 ]Minor Discharges
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 03/23/2017. 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, lf, 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 Resources (telephone 919-807-5340) 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 Elizabeth City, NC, at (252) 264-3901.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvaWpemmits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact James Lastinaer at 919 554-4884 or James.C.Lastinae usace.arm .mil.
LAST] NGER.JAMES.0
Corps Regulatory Official: .1363642400Date: April 21.2017
Expiration Date of Verification: 03/18/2022
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://corpsmapu.tisace.amy.mil/cm a ex/f? =136:4:0.
Copy furnished:
Agent:
Soil and Environmental Consultants
Debbie Shirley
Address:
8412 Falls of Neuse Rd.
suite 104
Raleigh ,IVC, 276151
Telephone Number:
SAW -2015-01831
SPECIAL CONDITIONS
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.
Water Resources
ENVIRONMENTAL QUALITY
May 9, 2017
ROY COOPER
Gw wn
MICHAEL S. REGAN
Secs chYr'.
S. JAY ZIMMERMAN
Du ecrm'
D W R # 17-0342
Wake County
Pulte Home Company, LLC
Attn: Mr. Chris Raugley
1225 Crescent Green Drive, Ste 250
Cary, NC 27518
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Woodbury Subdivision
Dear Mr. Chris Raugley:
You have our approval for the impacts listed below for the purpose described in your application
dated Marcy 23, 2017, received by the Division of Water Resources (Division) on March 23,
2017, with subsequent information on May 8, 2017. These impacts are covered by the attached
Water Quality General Certification Number 4092 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 29 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 certification(s) or
general permit and the following additional conditions:
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 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site A - #1 - P1
0 (linear feet)
47 (linear feet)
Site M _#5_12
0 (linear feet)
43 (linear feet)
Site B - #6 -1
0 (linear feet)
41 (linear feet)
State ofNorth Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Pulte Home Company, LLC
401 Approval
DWR# 17-0342
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Site D - #9 & 8 -1
27 (linear feet)
8 (linear feet)
Site D-#10&11- 1
76 (linear feet)
34 (linear feet)
Site E - #13 & 12 - 1
30 (linear feet)
18 (linear feet)
Site E - #14& 15 -1
116 (linear feet)
149 (linear feet)
Site F-#17&16-1
31 (linear feet)
22 (linear feet)
Site F - #18 & 19 -1
19 (linear feet)
19 (linear feet)
Site G - #22 & 21- 1
71 (linear feet)
24 (linear feet)
Site G - #23 & 24 -1
20 (linear feet)
16 (linear feet)
Intermittent Totals
390 (linear feet)
274 (linear feet)
Perennial Totals
0 (linear feet)
47 (linear feet)
404/401 Wetlands
Site #2
0.056 (acres)
0 (acres)
Site #3
0.026 (acres)
0 (acres)
Site #4
0.021 (acres)
0 (acres)
Site #7
0.013 (acres)
0 (acres)
Site #20
0.070 (acres)
0 (acres)
Site #25
0.116 (acres)
0 (acres)
Wetland Totals
0.302 (acres)
0 (acres)
P = perennial
I = intermittent
This approval is for the purpose and design described in your application. The plans and
specifications forth is 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 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 02H .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. The SMP approved by the Town of Apex on November 17, 2016 is being used to meet
diffuse flow requirements on this project. The SMP may not be modified without prior
written authorization from Town of Apex prior to the commencement of the
modifications. f 15A NCAC 02H .0506(b)(5)]
Pulte Home Company, LLC
401 Approval
DWR# 17-0342
Page 3 of 4
This approval and its conditions are final and binding unless contested. IG.S. 1.43-21.5,5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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 he obtained from the OAH at http://www.ncoah.comlor by calling the DAH
Clerk's Office at (919) 431-3600 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 DAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the DAH within five (5)
business days following the faxed transmission,
Mailing address for the OAH:
Jf sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Jf sending via delivery service (UPS FedEx,
etc).
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
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 Jennifer Burdette at 919-807-6364 orjennifer.burdette@ncdenr.gov if you have
any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Pulte Home Company, LLC
401 Approval
DWR# 17-0342
Page 4 of 4
Enclosures: GC 4092
cc: Deborah Shirley, Soil & Environmental Consultants, PA (via dshirley@sandec.com)
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 170342WoodburySD(Wake)_401_GC,docx
Mitigation services
ENV IRON MENTAL OVAL I TY
RECEIPT
June 6, 2017
Chris Raughley
Pulte Homes Company, LLC
1225 Crescent Green Dr., Suite 250
Cary, NC 27518
Project: Woodbury Subdivision
County: Wake
WQ permit #: 17-0342
COP#: 2015-01831
❑M5#: 24349
Amount Paid: $53,454.75
Check Number: 71740214
ROY COOPER
Goiiernar
MICHAEL S. REGAN
Seen- ,,,,•
The NCDEQ Division of Mitigation Services (CIMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water duality Certification/Section 404JCAMA Permits) issued for
the above- referenced project. This receipt serves as notification that your compensatory mitigation requirements
assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply
with all other conditions of this certification and any other state, federal or local government permits or authorization
associated with this activity including G. S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory
rnitigation requirements indicated below associated with the project permit and agrees to provide the compensatory
mitigation as specWted in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2410.
River Basin
HUC
Stream Credits
(linear feet)
Wetland Credits Rluffer I& II
(acres) (Sq. Ft.)
Cape Fear
Cold Cool Warm Ri arian
iVon-Ri arian Coastal Marsh
03030002
0 1 0 0 0.604
0 0 0
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be
submitted in accordance with the Division's refund policy. If you have any questions or need additional information,
please contact Kelly Williams at (919) 707-8915.
ZlmumUnAe�rj�
y,
Acting Director
cc: James Lastinger, USACB-Raleigh; Todd Tugwell, USACB-Raleigh
Deborah Shirley, agent
State CENorth Carolina I Environmental Quality I lwlitigaeion Services
1652 Mail Service Cemler i Raleigh, NC 27699-1652 J 217 W. Jams Sheet, Suite 3090
9I9 707 9976 T
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Com Pensator Mit+ ation Res PonsibiIit Transfer Form
Permittee: Pulte Home CompanyAttn: Chris Raugh ley
Project Name: Woodbury subdivision
Action ID: SAW -2015-01831
County: Wake
instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (LISACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below, if more than one mitigation
Sponsor wi11 be used to provide the mitigation associated with the permit, or if the lmpacts and/or the mitigation will occur
1n more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibliity for the Identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
frank ledger and provide a copy of the signed farm and the updated bank ledger to the Permittee, the USAC£ Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established In their authorizing Instrument.
Permitted Imparts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigations' 8 -di it HUC and Basin: 03030002, Cape Fear River Basin
Stream Im arts {linear feet)
I Wetland Impacts (acres)
Warm
T
Cool Cold
Riparian Riverine Riparian Non-Riverine
0.302
Non -Riparian Coastal
if more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm Cool Cold
Riparian Riverine I Riparian Non Riverine Non -Riparian Coastal
Mitigation Site Debited:_ NCDMS
0.604
(List the name of the bank to be debited. For umbrella banks, also list the specific site. Far NCDMS, list NCDMS. if the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited),
Section to be completed by the Mitigation sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that 1 am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and l certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USAGE Permittee and Action
ID number shown. 1 also verify that released credits (and/or advance credits for NCDMS), as approved by the USAGE, are
currently available at the mitigation site Identified above. further, i understand that If the Sponsor falls to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure comp]lance associated with the mitigation requirements.
Mitigation Sponsor Name: i J(2- D M—S
Name of Spans s uthorized Rpre entative: 4LeA4 GVW l4 Eley
Signature o Spon or's 0 prized Representative Date of Signature
Page 1 of 2 Form Updated 23 November, 2015
USAGE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
+ Once this document has been signed by the Mitigation Sponsor and the USACE is In receipt of the signed form, the
Permittee is no !onger responsible for providing the mitigation identified in this form, though the Perrnittee remains
responsible for any other mitigation requirements stated in the permit conditions.
e Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is ;r receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received th?s form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
■ Signed copies of this doCUment must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the BarnkyiLF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Teary: (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/lLF Instrument.
Comments/Additional Conditions:
chis form is not valid unless signed below by the USACE Protect Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2] the
USACE Project Manager at the address below, and .31 the Wilmington District Mitigation Office, Attn. Todd Tugwell, 3331
Heritage Trade Dr., suite 145, Wake Forest, NC 27587 (email: todd.tugwell@usace.army. mil). Questions regarding this
form or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: James Lastinger
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 HeritageTrade Orive, Suite 105
Wake Forest, North Carolina 27587
Email: james.c.lastinger@usace.army.mil
LASTINGER.JAMES,C.1 Mk -US cnodh mment m-0 Cole =plgr400
��RU5,%c LSnNC-UJAItES. ,363642-000
353642400
Ja:e; 2*i7,N.2" 15:46: a •04'00' .
USACE Project Manager Signature
March 30, 2017
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at htta://ribits.usace.army.mil.
Page 2 of 2
The Mimi,
;ngton District is Committed to providing the higl'es, level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction surrey located at our website at nttR:l/,e,eulatury-usacesurv�omLto complete the survey -online.
Statement of Mitigation Credit: Availability
Bass Mountain Mitigation Bank
August 15, 2017
Mr, lames Lastinger
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Suite 185
Wake Forest, NC 27587
Re: Availability of Compensatory Stream Mitigation Credits
Project: Woodbury
We are providing this letter in accordance with 33 CFR §332.B(r), to confirm that 236 Stream
Mitigation Credits (Credits) from the Bass Mountain Mitigation Bank (Bank) are currently
available and all or a portion may be used, once transferred, for compensatory mitigation relative
to the Woodbury project, and as proposed by Pulte Holme Company, LLC (Applicant),
The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance.
Should the Applicant purchase the Credits at that time, we will complete and execute the
Compensatory Mitigation Responsibility Transfer Form (Transfer Form) within five (5) days of
receipt of the full purchase price.
We will additionally provide copies of the completed and executed Transfer Form to the Applicant,
the Bank's US Army Corps [USAGE] Project Manager and, if needed, other regulatory agencies. In
addition, we will provide USACE with an updated copy of the Bank's Ledger, reflecting the
transaction. Transaction information in the updated Bank Ledger will include relevant Permit and
Applicant information as well as the number and resource type of the debited Credits.
Should your office have any questions, please contact me at 919.334.9123.
Sincerely,
J�.y��
Tiffani Bylow
Restoration Systems, LLC
1 101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restDrationsystems.com • Ph 919.755.9490 • Fx 9I9.755,9492
hfifigation Services
E11 VlRONHENTAL 10U LITY
Chris Raughley
Pulte Nome Company, LLC
1225 Crescent Green Drive, Suite 250
Cary, NC 27518
Project: Woodbury
ROY COOPER
MICHAEL S. REGAN
August 15, 2017
Expiration of Acceptance: 2/15/2017
County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services {DMS} is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with, the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this fetter and is not transferable. If we have not
received a copy of the Issued 404 Parmltl401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an Invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by
an applicant Is calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting ccmpensatory,mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type impact Quantity
i 14_..11 .,.7i Ll11f+
Cape Fear I 03030002 Warm Stream r5g
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 028 .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915.
cc: Debbie Shirley, agent
k
Sincerely,
J s. 5 Stanfill
Asset Management Supervisor
Skate of North Caratma I Fnvimnmeoral Quality I Midgation ScMces
16 52 Mail Service Center I Raleigh, NC 27699-1652 i 217 W, Jones Street, suite 3000
919 707 9976 T
EXISTING CONDITION NOTES: _ n
1, BOUNDARY AND TOPOGRAPHIC INFORMATION BASED ON SURVEY BY
W,THERSRAVENEL, INC. Q 5
2. WETLAND ANO STREAM INFORMATION BASED ON S&EC EVALUATION DATEO
AUGUST 12, 2015 (APEX 15-012). t{�
3. RIPARIAN BUFFERS BASED ON TOWN OF APEX BUFFER DErRMINATONS GATED
AUGUST 12, 2015 (15-012). 1 V _ ry
d. REGULATORY FEMA MAPPED 000PLAINS EXIST, AS NOTED, ON THIS SITE
PER FIRM PANELS 03]20071000D0K & 03720072000J, DRIED FEBRUARY 2, D/
2007 &MAY 2, 2006.
C
5. 7HE SITE IS NOT WITHIN THE TOWN OF APEX SECONDARY WATERSHED -
0
PROTECTION OVERLAY DISTRICT AND CAPE FEAR RIVER BASIN, ` Cl.
6. A COPY OF THE DEMOLIRON NOTIFICATION FROM THE NC HEALTH HAZARD
CONTROL UNIT AND AN ASBESTOS INSPECTION REPORT FROM A NC
ACCREDITED ASBESTOS INSPECTOR MUST ACCOMPANY THE APPLICATION FOR
THE DEMOLITION PERMIT WHICH MUST BE OBTAINED PRIOR TO THE START OF
THE DEMOLITION. Qj
/ t , v,
MAPPING SOURCE '1':\Z _w��"�"^7)y -%r� Lai i
1. BOUNDARY INFORMATION TAKEN FROM PRELIMINARY BOUNDARY SURVEY A\\ ,- a
PREPARED BY WITIERSRAVENEL, INC..Vy \:
2. E%IS71NC VISIBLE ABOVE -GROUND UTILITY AND TOPOGRAPHIC INFORMATION
BASED ON SURVEY BY WITHERSRAVENEL, INC. AND SUPPLEMENTED OUTSIDE``
i•LrjM, T J } \ I 1 \l \ x
OF THE PROJECT BOUNDARY BY GIS LIDAR. ,f-1� - 4'r'r ;(w.ft .i , _ , •Tti..7 �'' 1 -A- \ \ Ri ,_ -.Tt\\
3. CONTRACTOR SHALL LOCATE ANY AND ALL UTILITIES PRIOR TO START OF "' ny �'a�llA lJf`i "le.�.1� �,'a ' ` yh MyL,I I \ u \ \ '
RAW
CONSTRUCTION NOTIFY ENGINEER IN WRITWG OF ANY CONFLICTS WHICH �• =`S l i- I Jl -�' �� 1/1 \ 1 '2- \s. Skew\ V'• K
e \ l
MAY REQUIRE REVISION TO THESE PLANS. ,a{• �•��'. ""'- f Y f-L',••-^-a.\� \ �': r "
�"'-•".>.. :- '; •, �/�1 o-- :'\,i\..i`��s�' "i� '"��/r e',.a. \ ,1;'/ � Ar.f \ f1�f�t.�..•
'� , >"'..�_ , 1 - �T. i• �•yyxr- i!.� 'n° . Fes•\' :�� �' - .''�': \zA� ' 1 0
',rte'' *".I '� l _ — -moi' I '.r�: '. "� �—• 1�� �.�!-� �,•k, � •u•..t y.� t; \'\
•i:I, \'\ \ � mr� •.. / �- I / i ,y -. ,�T +r resu' �' lir:
�'.". - ...�..,�•• ] .• i, � � \ ` /,!• :%` • Z now hi \ \ � (. ,':, .%/ :, . j i ' �. `+'.t
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GRAPHIC SCALE - 51,eelNo-
1.0
1 inch= 150 ft.
WETLAND & STREAM
{ f
TEMPORARY PERMANENT PERMANENT
z ¢ (NO PERMANENT LOSS)
.�— �— i. +usnn o. uw.w. aor ra•uw :y `: s,< orso-a_or-sna .,:_:::r • rC d LL
mac*
LU
,;;, I a Or10.0f- -m,. • r co STREAM WETLANDS STREAM WETLANDS STREAM WETLANDS
• 47' (LF) (SF) (SF) (AC) (LF) (SF) (SF) (AC) (LF) (SF) (SF) (AC)
SHEET A �" < woc a r.a
SHEET I IMPACTS 1, 5 ' : j. -j '>::' oaf
IMPACTS 26, 27, 28 ' .� r-``" ,-� A 1 SEWER CROSSING 47 916
i� e g 2 erne # 6 GRADIkG
B 3 ROAD GRADING 0.035
B 4 LOT GRADING 0.021
SHEET B
c,,M or,om-w-,r. • �-'• •ice .y..-1 :::+t`!+'::;_ :;:-�,,.
• • .... +•++► ; j = - �` _ - _ __ -- IMPACTS, 3.4 + A 5 SEWER CROSSING 43 284
• t + C 6 SEWER CROSSING 41 263
>�
�— C 7 LOT GRADING 10.013
D 8 ROAD CROSSING 8 52
•., , �� I D 9 RIP RAP DISSIPATOR 27 158
D 10 ROAD CROSSING 75 491
D 11 ROAD CROSSING 34 242
E 121 ROAD CROSSING 18 211
', , SHEET C � •.-- f ; !
yy 1 IMPACTS 6, 7f J ri f + E 1,31 RIP -RAP DISSIPATOR 30 369
h f " I j E 141 ROAD CROSSING 116 1,269
'� ++ E 15 ROAD CROSSING 49 444
SHEETD F 16 ROAD CROSSING 22 172
x Y 9
IMPACTS 8, 9, 10, 11 +
�+ F 17 ROAD CROSSING 31 260
a cl�°z (: + F 18 RIP -RAP DISSIPATOR 19 156
x a J F 191 ROAD CROSSING 19 130
G 20 ROAD CROSSING 0-046
G 21 ROAD CROSSING 24 101
G 22 ROAD CROSSING 7i 354
G 23 RIP -RAP DISSIPATOR 20 101
SHEET E G 24 ROAD CROSSING 16 81
IMPACTS 12, 13, 14, 15
H 25 ROAD CROSSING 0.116
1 26 SEWER CROSSING 1 5,502 0.126
1 27 SEWER CROSSING 5,532 0.127
I 28 SEWER CROSSING 41 277
SHEET IF TOTAL 362 3,173 5,502 0.126 294 27374 0.231 96 784 5,532 0-127
IMPACTS 16, 17, 18, 19
1 WETLAND & STREAM
SHEET H L`'`: I IMPACT LEGEND
IMPACT 25 l _ I
PERMANENT PERMANENT
WETLANDS - GREEN (NQ PERMANENT LOSS)
DISSIPATOR
TEMPORARY STREAI•A - REL]
SHEET G WETLANDS - PURPLE
J -77 IMPACTS 20, 21; 22, 23, 24 ■ EXCRO 51NG
ISTING rGAD
p� ■ PERMANENT STREAM -MAGENTA
Od rte. STREAM - RED
3 a y GRAPHIC SCALE
TEMPORARY 400 0 200 400 800
STREAM - BLUE
1 inch= 404 Ft.
Ho. Revision Date 8V ls[e �0 WithersRavenel
Wk ASNUTFD W Q � O B U RY snM u°
E�d
°die 1x2412617 WETLAND &STREAM f M PACT - CSV E RALL r4r Engineer5 I Planners I Surveyors]o6 No. 115 Mmi<"�n Dr[w I Cary. NC 27511
02150255 TOWN OF APEX WAKE NORTH CAROLINA r; 919.4459,33401 Rome e: C-MSI w _w:l]i r rav rMxom
f --FM �M -�-- ` 0 0 . - CROSS SECTION
_ AFM-�—
W+ '�'f UPSTREAM
' oh + -~ J r-'�� i • f _ r 1 ~+ F�7 FM
j j v
300 48" RCP 30Q
_ _ 7 - �_ RN STREAM WV. = 294.22
/ RT-RTR a'+� J a +Q + Y - f 'r J J r �� 1 , UP STREAM INV. = 295.31
! - ! -
SLOPE- -
1.81%
i D ''
�� OPERT180>JTVURRY
XI IN CH kNNEL
295 295
`t _.t
l + ^ -+- _ „[ — _ - - - � PROPOSED 30' F APEX- - 290
SANINT,AR EWER / MH -226 8" PVC I 29�
_ 55co sn
t IMPACT # 20 _ � , � EASEMENT � -- - 7•
i, ROAD GRADING RE1 06 06
TAINING WALL 98 - - - _ N04
- b \ WITH SAFETY RAIL /
- — a.o4s Ac. _ �� _0+50 0+0D 0+50 1+00
IMPACT # 22 ■
M.9.8 B - " (PERMANENT) �'� 11 / �-305 -�
M, ROAD CROSSING
71 LF. - 354 SF, -/ 'f� �a a a + CROSS SECTION
_
310 �; ,�J 4 SOWN STREAM
- - � -
' RETAINING WALL -17 1 IMPACT #21 IAQaG _
f 305 WITH SAFETY RAIL (TEMPORARY) ' a 48' RCP
2p ROAD CROSSING vp 300 f DN STREAM INV.= 294.22 300
I IMPACT #123 24 LF, -101 5F. UP r
{PERMANENT) �. _ \ SLOPE
295.31
81 % -
- J ' • • + w _ RIP -RAP D1SSiPATOR
20 LF. - 101 SF.
N G E
STREAM BUFFER ` i + �a IMPACT #4 r `� 295 EXISTIN CAN EL 295
FROM TOP OF BANK BOTH .t _ 3 _ i ��? O 3 {TEMPORARY} SCOUR HOLE - 2�9
SIDES ROAD CROSSING Z- Y
+ i 3 3 16 LF. - 81 SF.ell, 00
290 I 290
-0+50 0+00 0+50 1+00
1io�o r- 3 1 \
31 Yltii7b
,02\ I TCA DP &V1HHIS
�l
idPOFPoPRMiOANTCH
+ / --- PRE -CONSTRUCTION
4.f STRF.4IA0MTO!JR
PROPOSED PLUNGE POOL DETAIk
+ f J a GRADE
nl.,f
C8-30 - [ d.. FI WALL
GRAPHIC SCALE % J `� r� J \ ' 14 ' i] — �~ 0- PIF' Em NG RPAP
Ij
50 J 25 50 100
44
■ I �. .: I I 1
RIP RAP R PRAP OISSIPATOR PADS SRALL BE
1 inch = 50 Ft. I 1 [ �'
IN5IALLED AT DR BELOW FJ35I,NG GRADE.
No. Revision pate Bv Desi ner wk 5cale�NDiED
g ■■ WithersRavenel
Drawn 9y Dare D1�211�D1, W Q Q D g U RY IN WETLAND N D & 5T R EA M — ; M PA CT G �� Engineers I Planners Surveyors
Cheered ayob 115 MxKe OrNe I Cary, NC 27551
N1A D215o265 TOWN OF APEX !,Al.E NORTH CAROLINA i919.4pq.334Q IIiceme lP C-03321www-withennvene9.com
i
g
S
GRAPHIC SCALE _ RANDEL T. SINK Y
s❑ o zs so zoo JANET C. SINK
D.B. 2227, PG. 509-B.W 2008, PG. 1244 P.I.N.
0710.02-86-1 743
1
7 inch = SD Ft.
— PROPOSED 40' — ..
TOWN OF APEX t
I i r ; SAWARY SEWER -- -- --
--
,, J 160 YEAR FEMA.; EASEMENT
,, ,, • J _ ` ' FLOOD LINE PROPERTY BOUNDARY
24" DIP SS SS S5
' ! MHO S5 SS - �"
1 — — — —
r �f
r H 9 - w w W W w w w + IMPACT N 27
f . w w' w w w W W (PERMANENT WETLAND) f
W w
Ek. -9 IMPACT# 28 NO PERMANENT LOSS f
' ' ' W W w r W
f41 w (TEMPORARY) w y 5,532 SF. - 0.127 AC.
r w w w ✓< w w PERPENDICULAR w
SEWER CROSSING
w1 w Y¢ r + 41 LF -277 SF.
•Y i Y W iY W W W W W V• . / ,'� •� J ►
IMPACT # 26
2 y W 0 (TEMPORARY){ W 1
alW L_ W w y SEWER CROSSING W y W w 1 r
5,502 SF. -0.126 AC.
TIMOTHY I I H
r. I � I � ■1 + � rf i M4 D. MCK NN 5
o 1 1 D.B. 13186, PG.. 430
"Z— � f B.M. 2008, PG. 1244
P -I -N. 0714:02-86-5906
�� �•, 1� • ,1. ' ' 111 � 1 � � , - � � � _ � +� .� � �. .� � � �
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11 I �Qy 1 .1 1 1� 1 I' ---''- ' � L _ •Y W L 1 W� �I
J l
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1 1
i 1� '1 i I W W W W w w Y •Y W W w W � 1' � 1 , , � f f i �r � 1
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' `1•. ' `l l 1` 1 ' V W W y F W V W w W ,Y W � � ♦ I ' ! 1 � 1
■■ WithersRavene
W Q O D B U RY WETLAND & STREAM - IMPACT I Engineers I Planners I Sun•eyors
115 Ma,Kenan drive I Cary, NC 27511
OF APEX 1•JAI:: NORTH CAROLINA [:9037-469.3340I lic e4:C-632Ivnn•mlha—
*PutteGroup-NC Division of Water Quality
Vendor Number 42NMS0950
Check Number 0071740912
Check Date 08/14/17
Invoice
Date
Co
Lot
Lot Address
Opt
AccCat
Acct Cat Description
Amount
015808603669025
08101/17
6490
99999
00001
10232
Municipal Fee Woodbury - cc
240. 00+
* * * * TOTAL * * * *
240.00
Bank of A'ineYiCa ViJid After 180 Days
Customer Connection
Atlanta, Dekalb County,GA
• s i.
I'Fi E NC DIVISION OF WATER QUALITY
DER OF 1619 MAIL SERVICE CENTER
Raleigh, NC 27699-0619