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HomeMy WebLinkAbout20131005 Ver 2_401 Application_20170917Kimley>»Horn September 21, 2017 Mr. James Lastinger U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Ms. Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 Y6,rr3 ns RE: Nationwide Permit 29 Permit Application/Reauthorization Westford Tract Mixed Use Development Apex, Wake County, North Carolina Dear Mr. Lastinger and Ms. Higgins: FS P;G22017 On behalf of our client, Westford WEH LP, Kimley-Horn is submitting the attached permit application/reauthorization under Nationwide Permit (NWP) 29 for the above referenced project in Wake County. The Westford Tract Mixed Use Development was previously permitted under the 2012 Nationwide Permit 29 (Action ID: SAW -2013-01613), verified by the USACE on October 8, 2013 and NCDWR on November 5, 2013. The project was initially planned to be constructed within the permit approval window and/or the 12 -month extension following expiration of the 2012 Nationwide Permits, however the proposed Site Plan was modified slightly since the 2013 permit verification. Since the original permit verification for the project has expired and the Site Plan has been slightly modified, the attached permit application/reauthorization has been prepared based on the current Site Plans for authorization under the 2017 Nationwide Permits. Three wetlands would be impacted by the proposed Site Plan over four impact sites, totaling 0.458 acre of wetland impact. Site 1 (wetland WC) is a proposed road crossing totaling 0.347 acre, resulting from the road construction and fill slope. The Site layout was shifted as far north on the property as practical to minimize impacts to the wetland. Two utilities have been co -located with the road impact to further minimize impacts to WC, and the fill slope associated with the road will provide the required cover over the pipes. Site 2 (0.019 acre) will impact wetland WD in the southern tip to construct a culvert inlet and prevent impoundment issues that could result from the construction of a sewer easement between wetland WC and WD. Site 3 (0.036 acre) will impact wetland WE, a small depressional feature located in the central portion of the Site, due to Site regrading to provide borrow material and construction staging necessary for project construction. Site 4 (0.056 acre) will impact Kimley>»Horn Page 2 the upper edge of wetland WD to construct the Wimberly Road Extension and provide access into the eastern end of the property. Impacts at Site 4 will result from roadway and fill slope construction. Previously authorized impacts totaled 0.443 acre of wetland impacts, and the proposed site plan modifications will result in 0.458 acre of wetland impacts. Mitigation has been proposed via payment into the NC Division of Mitigation Services' ILF program, and approval for mitigation of up to 0.50 acre of wetland impact is included as part of this application package. To assist in your review of this NWP application, the following information has been included: • PCN Application Form • NCDMS ILF Acceptance Letter • Signed Agent Authorization Form 0 NCDWR 401 Application Fee of $240 Figures Proposed Impact Figure Plan Sheets If you need any additional information to assist in your review of this NWP application, feel free to contact me at 919-678-4155 or Jason.Hartshorn@Kimley-Horn.com. Sincerely, Jason Hartshorn, PWS Cc: Eric Rifkin — Westford WEH LP 0/2��0' WAWA rf;q I IL.J_W`� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form —Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes X❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): X❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. 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: Westford Tract Mixed Use Development 2b. County: Wake County 2c. Nearest municipality / town: Apex 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Westford WEH LP 3b. Deed Book and Page No. n/a 3c. Responsible Party (for LLC if applicable): Eric Rifkin 3d. Street address: 56 Hunter Street, Suite 230 3e. City, state, zip: Apex, NC 27502 3f. Telephone no.: 919-387-1885 3g. Fax no.: -- 3h. Email address: erifkin@hallecompanies.com Page 1 of 10 PCN Form —Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jason Hartshorn, PWS 5b. Business name (if applicable): Kimley-Horn 5c. Street address: 421 Fayetteville Street, Suite 600 5d. City, state, zip: Raleigh, North Carolina 27603 5e. Telephone no.: 919-678-4155 5f. Fax no.: 5g. Email address: Jason.Hartshorn@Kimley-Horn.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0722567561, 0722775509, 0722761827, 0722860912 1 b. Site coordinates (in decimal degrees): ILatitude: 35.7477989 Longitude: -78.9085999 1 c. Property size: 101.6 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Reedy Branch 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW 2c. River basin: Cape Fear (Jordan Lake Water Supply Watershed) 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 majority of the site is forested. The tract is bordered by the US 64 corridor to the south, and mixed use residential and commercial properties to the north, east, and west. A new sewer line has recently been installed on the western side of the tract, running from Jenks Road to US 64 as part of the Western Wake Regional Wastewater Management Facility - West Reedy Branch Gravity Sewer (SAW -2005-20159). 3b. List the total estimated acreage of all existing wetlands on the property: 3.07 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 596 feet 3d. Explain the purpose of the proposed project: The proposed project will construct a multi -family residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: The tract will be developed into a mixed-use development with retail, single family, and multi -family dwellings. Associated roads, parking, utilities, and stormwater infrastructure will be constructed as part of the project. Typical residential and commercial construction equipment will be used including dump trucks, bulldozers, backhoes, tracked excavators, graders, and pavers. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / Comments: project (includingall prior phases)in the past? 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: IGmley-Horn Name (if known): Jason Hartshorn, PWS Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE Preliminary JD Signed 08/28/2013 (SAW -2013-01613), Town of Apex Buffer Determination Signed April 10, 2017. 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. This project was previously permitted under the 2012 NWP 29 as SAW -2013-01613, verified by the USACE on 10/8/2013. NCDWR issued the 401 approval on 11/5/2013 as DWR# 13-1005. Project was initially planned to be constructed by the end of the 12 -month period following permit expiration (3/18/2017), however due to a site plan change, an updated permit application is being submitted since the previous NWP expired. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Construction will be completed as one single and complete project. Page 3 of 10 PCN Form -Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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. Wetland impact number Permanent (P) or TemDorary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 WC (P) Fill (Road Crossing) Bottomland Hardwood Forest Yes Corps/404 0.347 W2 WD (P) Fill (Utility Installation) Bottomland Hardwood Forest Yes Corps/404 0.019 W3 WE (P) Borrow/Staging Headwater Wetland Yes Corps/404 0.036 W4 WD p Fill (Road Crossing) Bottomland Hardwood Forest Yes Corps/404 0.056 W5 W6 2g. Total Wetland Impacts: 0.458 ac 2h. Comments: Impacts to jurisdictional wetlands will result from construction of two interior connector roads and associated fill slopes and easements (W1 and W4), installation of a utility crossing and easements (W2), and construction of a borrow/staging area to facilitate construction of the multi -family residential project. 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: No stream impacts will result from the proposed construction. Page 4 of 10 PCN Form — Version 1.4 January 2009 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. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 02 03 04 4f. Total open water impacts 4g. Comments: No impacts to open waters will result from the proposed construction. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f. Total: 5g. Comments: No ponds will be constructed as part of the proposed project. 5h. Is a dam high hazard permit required? ❑ Yes ® No If yes, permit ID no: 51. Expected pond surface area (acres): n/a 5j. Size of pond watershed (acres): n/a 5k. Method of construction: n/a 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. Project is in which protected basin? Jordan Lake ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ® Other: WaterS pply Watershed 6b. Buffer Impact number— Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 B2 B3 B4 B5 B6 6h. Total Buffer Impacts: 6i. Comments: No buffer impacts will result from the proposed construction. See attached buffer determination documentation. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to jurisdictional wetlands were minimized to the greatest extent practical by careful location and routing of interior connector roads as close to the historically filled/disturbed areas as possible. The proposed development will be located close to Jenks Road to avoid the lowland areas at the south end of the tract near US 64. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to streams, wetlands, and riparian buffers in the project vicinity will be avoided and minimized throughout construction by using tree protection and silt fencing to prevent encroachment into undisturbed wetland areas and to ensure equipment and materials are located within permitted project corridor at all times. Construction access to wetland impact areas will be routed through uplands or disturbed areas of the Site where practical. Stormwater Control Measures will be used throughout construction to reduced stormwater impacts to downstream receiving waters and to minimize runoff. 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): Q DWQ Q Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank X❑ 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: Type: Type: Quantity: Quantity: Quantity: 3c. Comments: Approved banks in the watershed were contacted and no wetland credits are available to meet the mitigation requirement for the proposed impacts with 3rd party mitigation credits. 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: n/a linear feet 4c. If using stream mitigation, stream temperature: n/a 4d. Buffer mitigation requested (DWQ only): n/a square feet 4e. Riparian wetland mitigation requested: 1.0 acres 4f. Non -riparian wetland mitigation requested: n/a acres 4g. Coastal (tidal) wetland mitigation requested: n/a acres 4h. Comments: NCDMS ILF Approval for mitigation of up to 0.5 acre of impact is attached. 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. n/a Page 6 of 10 PCN Form —Version 1.4 January 2009 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 Yes © No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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). n/a 6h. Comments: No impacts to protected riparian buffers will result from the proposed project. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. The Stormwater Management Plan and diffuse flow plan are under the jurisdiction of ® Yes ❑ No the Town of Apex and will be reviewed by the Town of Apex prior to construction. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 51% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: n/a 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The Stormwater Management Plan will be reviewed and approved by the Town of Apex, but the plan will ensure that stormwater is not concentrated and discharged through the buffer. 2e. Who will be responsible for the review of the Stormwater Management Plan? Local Government (Town of Apex) 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Town of Apex, North Carolina ® Phase II ® NSW 3b. Which of the following locally-implemented stormwater management programs USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval be:e:nn::] E] Yes ® No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state-implemented stormwater management programs applyHSession ORW (check all that apply): Law 2006-246 []Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 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 8 of 10 PCN Form —Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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? El Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): n/a 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. This project has been planned and designed in accordance with the Town of Apex Western Area Plan, and was designed to fulfill the need for housing and retail for currently projected growth in this area. This development will not result in further additional development beyond what is currently proposed. 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. The proposed development will connect to Town of Apex sewer facilities, which will be treated by the Town of Apex. Town of Apex sewer facilities are connected to the Western Wake Partnership facilities, serving the area to the year 2030. The sewer system will more than accommodate the sewage disposal requirements of the proposed development. Page 9 of 10 PCN Form — Version 1.4 January 2009 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? 5c. If yes, indicate the USFWS Field Office you have contacted. n/a 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A review of NCNHP database records (updated July 2017), USFWS critical habitat descriptions, and onsite field surveys for suitable habitat areas and community types. 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? NOAA Marine Fisheries Service EFH Mapper 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? NC State Historic Preservation Office (SHPO) Historic Preservation Office Web GIS Service. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: n/a 8c. What source(s) did you use to make the floodplain determination? FEMA Digital Flood insurance Rate Map (DFIRM) panels. Jason Hartshorn, PWS O" 9/20/2017 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 SIGNED AGENT AUTHORIZATION AGENT AUTHORIZATION FORM Name: Eric Rifkin Address: 56 Hunter Street, Suite 230, Apex, NC 27502 Phone: 919-387-1885 Project Name/Description: Westford Tract Mixed Use Development Date: September 20, 2017 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: Mr. James Lastinger Field Office: Raleigh Regulatory Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern: Westford WEH LP hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications applications, and Jordan Lake Water Supply Watershed Riparian Buffer Authorizations, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, 1, 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) 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. Authorized this the day ofbe X017 Qes+-P.rd WC -N L—P Print Property Owner's Name Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Property Owner's Signature Ef{c-pill, SiS'ra-�.� �%1Ce P, k FIGURES Project Study Area s 0 A a < 0 3 JE Y's RO O ti J2 FFk 64 0 D P- E AYN Y ENBOR� � DR DONCRO CT LANSBROOKELN Z C""A2-/CL P 0" a z g z p° ~ ti GI �yPNT PO Np LN O m 2 � �9 0 w Legend � Y a 0 500 1,000 Feet kELLYR�poEO LU w D� Figure 1: Vicinity Map KimleyoHorn Westford Tract Mixed Use Development Apex, Wake County, North Carolina September 2017 ` JJ IS 160 1 00 1 F ' •1 . � ,✓ -�. ,;�,,,�` t ,� Legend 0 500 1,000 1,500 2,000 Feet ., Project Area Alp ..a Figure 2: USGS Topographic Map Kimley>>>Horn Westford Tract Mixed Use Development Apex, Wake County, North Carolina September 2017 CrE Kimley>>)Horn w `= Legend 0 250 500 50 1,000 Feet Project Area Figure 4: NRCS Soil Survey (Wake County, 1970) Westford Tract Mixed Use Development Apex, Wake County, North Carolina September 2017 Cfi6" Map Symbol Soil Unit Hydric '" CrB2 Creedmore sand loam, 2 to 6% slopes, eroded No CrC2 Creedmore sand loam, 6 to 10% slopes, eroded No GrB Granville sandyloam, 2 to 6% slopes No ,. GrC Granville sandyloam, 6 to 10% slopes No r f Gu Gullied Land No Wy Worsham sandy loam Yes - V rB2 2 ,. CrE Kimley>>)Horn w `= Legend 0 250 500 50 1,000 Feet Project Area Figure 4: NRCS Soil Survey (Wake County, 1970) Westford Tract Mixed Use Development Apex, Wake County, North Carolina September 2017 rrc wvOpdrfaon _____—__—_ I 'iizm rrrn �wnd OK w me ue nw. a Ivo ,ew rn\xew TO OfL n01CW i \ \ wiawiavtxroiesrwnm sr \ \\ aweu .wn9o.4a L Impact Site W3 Borrow/Staging Bean !�', y.,yl•.., ,., ,��,,r �'�� /�,. Impact Site W1 „k 0.036 acre Road Crossing 1 ;, l 0.347 acre KN = l; I /',l ✓/rte �1' !, . ,I i _ l\ •\ � ,l , , I � �• r a ;! -'' I�\`\ _� 1�, 1 ; Impact Site W4 Road Crossing I ' li�y ,\� .� / r �� 1 . , j ' ' \� •� ,., - ' I - 0.056 acre iiQ I � /Z,V Impact Site W2 - -- - Utility Installation ,,:) , \,�� - l;a,d�'`," l; % /�l/ 1 \ °'"`` ; ;,- -,! : , ; '\ 0.019 acre ..� �... - � pwl,�n.-._[�_�►nr� 1 / ' .Y ,1 IV; d / / .ean�w•�m. f / /. I �. I 1 \ — - 'ni7w'Lz�-.earm rx , 5� I 1 1 , l ' I l I �; Legend Proposed Wetland Impacts drnb.lic r'I / /� or row+nwpt •' / / — __ / /, (,,,/ \ w' -_- I 1 � I lr , / !, / � Jurisdictional Streams ice^ /v�� sne«°�ro 1r 4 1- �;?N~ Jurisdictional Wetlands 0 250 500 Feet- Project Area Figure 5: Proposed Impacts Figure Krmley>>> Horn Westford Tract Mixed Use Development J Apex, Wake County, North Carolina September 2017 NCDMS ILF PROGRAM ACCEPTANCE LETTER Mitigation Services FNV,RnNMFNTpt nU4 TY Eric Rifkin Westford WEH LP 56 Hunter Street Suite 230 Apex, NC 27502 ROY COOPER MICHAEL S. REGAN September 12, 2017 Expiration of Acceptance: March 12, 2018 Project: Westford Tract Mixed Use Development 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 letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/ 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 compensatory 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 I Impact Location Impact Type Impact Quantity Cape Fear 03030002 Riparian Wetland up to .50 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 02B.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: Jason Hartshorn, agent Sincerely, A� 349 J me . B Stanfill As Management Supervisor St.uc,+1]nnh Carolina Jnr noi_mentel i!ualm >inittap, it lcmc,, lo�2Vail Sen i.e ('enter R:1121a.%('21OlA- la,;? 21-\l'. Junes Street.;,lpe?000 ')Iv 707897o I