Loading...
HomeMy WebLinkAbout20140610 Ver 3_401 Application_20180218E -PCN Submittal DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are ansmred. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https:lledoes.deq. nc.govfWaterResources101edoci624704iPCN%20Help%20File%202018-1-30. pdf A. Processing Information County (or Counties) where the project is located: Wake Is this project a public transportation project? r Yes r No 1a. Type(s) of approval sought from the Corps:* Pr Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* 17 Nationwide Permit (NWP) r Regional General Permit (RGP) Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Number Other: List all NN nunbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply W 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non -404 Jurisdictional General Permit W Riparian Buffer Authorization .................................... * 1d. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: O Yes G No For the record only for Corps Permit: O Yes r No le. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter fromnitigation bank or in -lieu fee program r Yes r No 1f. Is the project located in anyof NC's twenty coastal counties?* r Yes r No 1h. Is the project located in a designated trout watershed?* r Yes r No Link to trout information: http://wwvv.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information B. Applicant Information 1a. Who is the Primary Contact?* Andrew Sandman 1b. Primary Contact Email:* andy@ccdattorneys.com 1c. Primary Contact Phone:* (919)845-6643 1d. Who is applying for the permit? W Owner r- Applicant (other than owner) W Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: MBA Land Group, LLC 2b. Deed book and page no.: 016415 01569 2c. Responsible party: (for Corporations) Andrew Sandman 2d. Address Street Address 7101 Creedmoor Road Address Line 2 Suite 122 City State / Province / Fbgion Raleigh North carolina Postal / Zip Code Country 27613 2e. Telephone Number: (XXX)XXX-XXXX 2f. Fax Number: 2g. Email Address:* andy@ccdattorneys.com 4. Agent/Consultant (if applicable) 4a. Name: Jeff Harbour 4b. Business Name: (if applicable) Environmental Services, Inc 4c. Address Street Address 4901 Trademark Drive Address Line 2 aty Raleigh Rbstal / Zip Code 27610 4d. Telephone Number: (919)212-1760 (XXX)XXX-XXXX 4e. Fax Number: 4f. Email Address:* jharbour@esinc.cc State / Province / Legion NC Country Agent Authorization Letter* Rease provide the Agent Author¢ation Letter if you are subnitting this docunent. signed agent letter.pdf 98.64KB RLETYFE MHr BE RDF C. Project Information and Prior Project History C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Stonewater-Phase 5 1b. Subdivision name: (if appropriate) Stonewater 1c. Nearest municipality / town: * Wake Forest 1d. Driving directions* If it is a new project and can not easily be found in a GPS napping system Rease provide directions. 11109 Ivy Creek Trail is street address for Phase 5 parcel. The main entrance to Stonewater is at 1521 YARDLEY DR off Forestville Road 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 1749848176 2b. Property size: (in acres) 37 2c. Project Address Street Address 11109 Ivy Creek Trail Address Line 2 City State/ Province/ Region Wake Forest North carolina Postal/Zip Code Country 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.9320 -78.4970 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Sanford Creek 3b. Water Resources Classification of nearest receiving water:* C; NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Neuse River Basin Lookup 4. Project Description 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Undeveloped land containing planted pine and native pine/hardwood forest. Residential and undeveloped land occur in the vicinity of the project 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Cick the upload button or drag and drop files hereto attach docurrent topo.pdf 3.03MB File type rrust be pdf 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Click the upload button or drag and drop files here to attach docurrent DOC117.pdf 460.47KB File type rrust be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 4.5 4e. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 1500 4f. Explain the purpose of the proposed project:* Project purpose is to provide additional single-family units for the Stonewater subdivision by developing Phase 5. 4g. Describe the overall project in detail, including indirect imapacts and the type of equipment to be used: The project will entail one stream crossing that will allow access to usable land. Typical construction equipment will be used for the project. 4h. Please upload project drawings for the proposed project. Qick the upload button or drag and drop files here to attach docurrent DOC118.pdf 527.71 KB DOC117.pdf 1.26MB File type rrust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* F Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? G Preliminary r Approved r Unknown r N/A Corps AID Number: Exarrple: SAW2017-99999 SAW -2015-02545 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jeff Harbour Agency/Consultant Company: Environmental Services, Inc Other: 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. December 4, 2015 for USACE. January 21, 2015 for DWR which covered Phase 4, upstream of Phase 5 5d1. Jurisdictional determination upload Cick the upload button or drag and drop files hereto attach docurrent DWR Buffer Ietter.PDF 2.77MB DOC119.pdf 495.99KB File type rrust be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* F Yes r No r Unknown 6b. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). SAW -2013-01351 and DWR 14-0610 v2 Project History Upload dick the upload button or drag and drop files here to attach docurrent 404 permit.pdf 336.97KB DWR 401 WQC.pdf 1.57MB File type must be FDF 7. Future Project Plans 7a. Is this a phased project?* r Yes r No 7b. If yes, explain. Phase 1-4 only incurred minor impacts as authorized by SAW -2013-01351 and DWR 14-0610 v2 Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): PF Wetlands rJ Streams -tributaries V Buffers F- Open Waters r Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a. Site # - Reason for impact* 2b. Impact type * 2c. Type of wetland * 2d. Wetland name *2e. 2f. Type of 2g. Impact Type* Jurisdiction* width* length* Forested* Jurisdicition* area* Road Crossing Impact Map 1 P Bottomland Hardwood W1 Yes Both 0.027 Ivt3p label (e.g. Pmad Crossing 1 - Culvert, Permanent (P) or Forest (404, 10) or D \R(401, (acres) dewatering, etc) Temporary (T) other) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.027 2g. Total Wetland Impact 0.027 2h. Comments: Previous wetland impacts associated with this project are: 0.18 acre temporary wetland impacts and 0.02 acre of permanent wetland impact. With this new application total permanent wetland impact would be 0.047 acre. 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. Site # - Reason for 3b.lmpact 3c. Type of impact* 3d. Stream name * 3e. Stream 3f. Type of 3g. Stream 3h. Impact impact* type* Type* Jurisdiction* width* length* Road Crossing P Culvert UT to Sanford Creek Perennial Both 4 108 Impact Map 1 Permanent (P) or Perennial (PER) or Average (feet) (linear feet) Nep label (e.g. Ibad Crossing 1) Temporary M intermittent (IID *' All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 108 3i. Total temporary stream impacts: 0 3i. Total stream and tributary impacts: 108 3j. Comments: Previous stream impacts associated with this project include 43 feet of temporary stream impact for a sewer line installation. 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below 6a. Project is in which protect basin(s)?* Check all that apply. Pr Neuse r Tar -Pamlico F Catawba r Randleman r Goose Creek r Jordan Lake F Other 6b. Impact Type * Road Crossing Impact Map 1, Allowable Location and Exerrpt, Allowable, allowable w/ mtigation 6h. Total buffer impacts: Temporary impacts Permanent impacts: Total buffer impacts 6i. Comments: 6c. Per or 6d. Stream name * 6e. Buffer mitigation 6f. Zone 1 6g. Zone 2 Temp* required?* impact* impact* P UT to Sanford Creek No 8,760 5,905 R:rrrenent (F) or (square feet) (square feet) Temporary (T) Zone 1 0.00 Zone 1 8,760.00 Zone 1 8,760.00 Zone 2 0.00 Zone 2 5,905.00 Zone 2 5,905.00 Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc. Click the upload button or drag and drop files here to attach document DOC118.pdf 527.71 KB DOC117.pdf 1.26MB File must be FDF E. Impact Justification and Mitigation E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Road crossing uses narrow point of the wetland to minimize impact. Larger areas of wetlands on-site will remain undisturbed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Head walls are being used to minimize both stream and wetland impacts. Stringent ESC measures will be employed during all phases of construction and the devices will be monitored regularly. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent wetland impacts less than .1 acre and permanent stream impacts less than 150 feet F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? r Level Spreader r— Vegetated Conveyance (lower SHWT) r— Wetland Swale (higher SHWT) W Other SCM that removes minimum 30% nitrogen (check all that apply) For a list of options to meet the diffuse flow requirements, click here. Diff us Flow Documentation dick the upload button or drag and drop files here to attach docurrent Phase 5 PCN1 -4-2009. pdf File type rrust be FDF 2. Stormwater Management Plan 57.69 KB 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes G No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* r Yes r No To lookup low density requirement click here 15A NCAC 02H .1003(2) 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state - approved local government stormwater program?* r Yes f No Fant: projects that have vested rights, exemptions, or grandfathering from state or locally irrplerrented storrrwater program or projects that satisfy state or locally -implemented storrrwater program through use of conTrunity irrlieu program should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* Pr Local Government F State Local Government Stormwater Programs* Phase II r NSW F' USMP F- Water Supply Please identifywhich local government stormwater program you are using.* Town of Rolesville G. Supplementary Information G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? r Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. All required preventative measures will be taken as required to prevent degradation to downstream water quality 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project will be covered by municipal sanitary sewer service 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?* r Yes r No 5g. Does this project involve bridge maintenance or removal?* r Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* NCNHP records and onsite habitat assessment conducted by qualified ESI biologists 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* EFH Mapper linked to on Corps website 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO GIS 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach docurrent File rust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* F Yes r No 8b. If yes, explain how project meets FEMA requirements: The northeast corner of the site lies within the 100 -year flood zone. However, no development will occur in this area. 8c. What source(s) did you use to make the floodplain determination?* NC Floodmaps Miscellaneous Miscellaneous attachments not previously requested. Qick the upload button or drag and drop files here to attach docurrent File rust be FDF Signature Page Signature m By checking the box and signing below, I certify that: ■ I have given true, accurate, and complete information on this form; ■ I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ I intend to electronically sign and submit the PCN form. Full Name:* Jeffery W Harbour Signature Initial Review Is this project a public transportation project?*(?) r Yes r No Change only iF needed. Has this project met the requirements for acceptance in to the review process?* r Yes r No BIMS # Assigned * 20140610 Version#* 3 Reviewing Office* Raleigh Regional Office - (919) 791-4200 Select Project Reviewer* Stephanie Goss:eads\szgoss Is a payment required for this project?* r No payment required f Fee received G Fee needed - send electronic notification What amout is owed? * $240.00 r $570.00 Burlington Mills Rd Roger s R d CoachLanternAve Jones F armRdHeritageClubAve Chi mne y SwiftDr JonesDairyRd ForestvilleRdB uckRunTrlHeritage LinksDrRa i ny L akeSt Linsl a d eWayHeritageLakeRdCh a l k R dColonialClubRd C o r nwellDr CrookedCr e ekRdT uckah o e T r ceS troudCirCopyright:© 2013 National Geographic Society, i-cubed ENVIRONMENTALSERVICES, INC. Path: P:\GeoGra\Projects\2014\183\01\GIS\topo.mxd Date: 8/10/2015 1:20:24 PM 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760(919 212-1707 Fax 0 20001000 Feet Project Study Area www.environmentalservicesinc.com Figure: Project: Date: Drwn/Chkd: 1 Disclaimer: The information depicted on this figure is forinformational purposes only and was not prepared for, and isnot suitable for legal or engineering purposes. Sources: 2011 National GeographicSociety/ESRI, i-cubed seamless USGSquadrangles (Wake Forest and Rolesville, NC);Parcels acquired from Wake County GIS, 2015. E Project Location Stonewater-Phase 5 Wake County, North Carolina Page 8 of 10 PCN Form – Version 1.4 January 2009 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 within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 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: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW 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 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2013-01351 County: Wake U.S.G.S. Quad: NC-WAKE FOREST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGSHUC MBA Land Group LLC Attn: Andrew Sandman 7101 Creedmoor Rd. suite 122 Raleigh, NC, 27613 Sanford Creek 03020201 Nearest Town Wake Forest River Basin Neuse Coordinates Latitude: 35.933135955258 Longitude: -78.501451923839 Location description: The project site is approximately 38 acres located adjacent to Forestville Rd., near the town of Wake Forest, Wake County, North Carolina. Aquatic features on site drain to Sanford Creek in the Neuse River basin. Description of projects area and activity: This permit verification allows for 0.02 acre of permanent wetland impacts from fill associated with the construction of a recreational facility for the Stonewater residential subdivision. No mitigation is required for this proposal. Total impacts for the project are as follows: 0.18 acre of temporary wetland impacts, 0.02 acre of permanent wetland impacts, and 43 linear feet of temporary stream channel impacts for the installation of a sewer line/associated infrastructure for the Stonewater subdivision. Applicable Law: [8J Section 404 (Clean Water Act, 33 USC 1344) 0 Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 01/10/2017. 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. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in 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 approvals/permits. 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 Lastinger at (919) 554-4884 or James.C.Lastinger(a),usace.army.mil. Corps Regulatory Official· =J~~~-'=~~-:t:it_~~..,L Expiration Date ofVeri c f on: 03/18/2017 Date: January 31,2017 SAW-2013-01351 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.usace.army.mil/cm apex/f?p=136:4:0. Copy furnished: Agent: Address: Environmental Services, Inc. Jeff Harbour 4901 Trademarl{ Drive Raleigh, NC, 27610 Action ID Number: SAW-2013-01351 County: Wake Permittee: Project Name: MBA Land Group LLC Attn: Andrew Sandman Stonewater Subdivision/Powell Tract/Forestville Rd./Wake Forest/Wake County Date Verification Issued: January 31,2017 Project Manager: James Lastinger Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: James Lastinger, Regulatory Project Manager 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: James Lastinger, Regulatory Project Manager U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room 10Ml5 Wake Forest, NC 27587 Atlanta, Georgia 30303-8801 919-554-4884 ext 32 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o portunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137