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HomeMy WebLinkAbout20041776 Ver 2_401 Application_2009072704-rnto 02 consultants O LAND DEVELOPMENT CONSULTANTS ; A I ? 4ve & `Gf> Nk/ i 3 0i July 27, 2009 Ms. Cyndi Karoly NCDENR - Division of Water Quality Wetlands and Stormwater Branch 2321 Crabtree Blvd., Suite 250 Raleigh, North Carolina 27604 Re: Valterra Holdings, LLC - Carpenter Village Commerce Water Quality Certification, Nationwide No. 39 Cary, NC Dear Ms. Karoly: Please find enclosed the application material for requesting coverage under the General Water Quality Certification associated with NWP #39 for the subject property to cover impacts associated with the construction ofa commercial development located in Cary, NC. The applicant for this notification is Valterra Holdings, LLC, 5310 S. Alston Ave., Suite 210, Durham, NC, 27713, (919-313-2750). The site is 3.93 acres which are currently undisturbed and is located adjacent to an existing mini-storage facility on the east side. The other adjacent properties are undeveloped land. The project will consist of grading of a portion of the site to provide for the construction of commercial buildings (3) with associated parking areas and entry driveway. The wetlands are shown on the attached plan. Proposed impacts to the waters of the U.S., resulting from the site development, consist of the buildings and parking lot construction impacting a total .09 acres of wetlands. There are no stream or buffer impacts associated with the project. The estimated total amount of wetlands on the site is approximately 0.185 acres. It is my understanding the USACE's policy requires mitigation for impacts that exceed the requirements for notification. Because the impacts resulting from the project construction covered under NWP 39 do not exceed 1/10 of an acre, or involve discharge into a special aquatic site, special mitigation is not required. However, the Applicant has complied with requirements for avoidance and minimization, as required by the Nationwide Permit conditions. The project has been designed to not cause impacts in the wetlands along the eastern site boundary which are also included in a Natural Resources Conservation Easement; nor in the wetlands along the southern boundary of the project and are located in the rear buffer. These measures provide avoidance and mitigation for the total area of wetlands in the project. LAND PLANNERS + CIVIL ENGINEERS U Erosion control protection will be in place to minimize any impact of the soil disturbance and siltation to down-gradient wetlands. The applicant further plans to provide a stormwater sandfilter onsite to conform to Town of Cary requirements for treatment of the runoff from the first inch of rainfall. Post development peak runoff rate for the 1-year, 24-hour rainfall event will not be increased. Off site stormwater runoff from the adjacent development to the east will be collected and passed through the site to discharge down-gradient of the project. There are no streams on this site (DWQ stream determination attached) and, although the project is in the Neuse River Basin, there is no Neuse River Riparian Buffer on the site. Level spreading of the stormwater runoff will not be necessary to create diffuse flow from the project and is not provided. Considering the fact that the wetlands effectively bisect the property diagonally, the responsible development of the property allows no practical alternative to disturbing the wetlands in the center portion of the tract given the only access is from Sowter Drive. Please call me at (919) 453-2386 if you have any questions concerning this request. Regards, William C. Mills, P.E. Attachments : Pre-Construction Notification (PCN) Form Site Location Map (USGS copy) Wetlands Impact Map (Sheet W-1) Re-delineation of wetlands by Corps Soil and Environmental Consultants Report, Wetland Delineation DWQ letter on stream determination Check for $240 to DWQ for Application Fee for 401 WQC cc: Mr. John Weigle 044_11-16%3 a- M o INA7-r4 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A I A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ?X Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ?X Yes ? No 1 d. 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 le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ?X No For the record only for Corps Permit: ? Yes ?X 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 ?X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ?X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No 2. Project Information 2a. Name of project: Carpenter Village Commerce - Cary, NC 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Valterra Holdings, LLC 3b. Deed Book and Page No. Deed Book 12766; Deed Page 2662 3c. Responsible Party (for LLC if applicable): John Weigle 3d. Street address: 5310 S. Alston Ave., Suite 210 3e. City, state, zip: Durham, NC 27713 3f. Telephone no.: 919-313-2750 3g. Fax no.: 919-402-9919 3h. Email address: jweigle@dilweg.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: Keith Gettle 5b. Business name (if applicable): Civil Consultants, Inc. 5c. Street address: 3206 Heritage Trade Drive, Suite 100 5d. City, state, zip: Wake Forest, NC 27587 5e. Telephone no.: 919-453-2386 5f. Fax no.: 919-403-0336 5g. Email address: keith.gettle@civil-consultants.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0745-26-9214 1 b. Site coordinates (in decimal degrees): Latitude: 35.8274 Longitude: -78.8854 1 c. Property size: 3.93 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Crabtree Creek 2b. Water Quality Classification of nearest receiving water: C NSW 2c. River basin: Neuse 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 property is currently forested. Adjacent land to the east is a mini-storage facility. Other surrounding land is undeveloped. 3b. List the total estimated acreage of all existing wetlands on the property: 0.185 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The proposed project is the construction of commercial buildings (3) on the site with associated driveways and parking. 3e. Describe the overall project in detail, including the type of equipment to be used: Conventional land clearing and grading equipment will be used to prepare the site for building construction and parking and driveway paving. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ?X Yes ? No ? Unknown Comments: Corps and DwQ 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ?X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Mr. Chris Flowers Agency/Consultant Company: Soil & Environmental Consultants Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Corps re-delineated the wetlands on 9/24/07 by James Shern; original delineation by Todd Tugwell, May 1998. DWQ by D. Edwards on 11/10/04. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ?X No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ?X No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ?X 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 Temporary 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 P Fill Headwater Wetland Yes Corps 0.09 W2 Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.09 2h. Comments: Wetlands that bisect the site will be excavated/filled to allow building development. Wetlands on the buffer areas of the site to the northeast and southwest will remain undisturbed. 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 Choose one S2 - Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: 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 individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary T 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below, If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ?X Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number - Permanent (P) or mitigation impact impact Temporary T required? (square (square feet feet B1 Yes/No B2 Yes/No B3 - Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: The project is in the Neuse River Basin but there are no NRRB's on the site. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The applicant requested a detailed delineation of wetlands and streams on this property prior to beginning the development plan. An area that was thought to be a stream was determined by DWQ to not be a stream. A Natural Resources Conservation Easement on the east side of the property is being protected and disturbance of the wetland areas which run middle of the property are proposed to be filled only to the extent necessary to allow construction of the buildings and parking. Stormwater management for quality and quantity will minimize aquatic impacts below the development. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sedimentation and erosion control measures will be used to minimize downstream impacts in the wetlands down gradient from the site both in the rear buffer area and off site. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ?X No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Makin a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested. acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 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 buffer mitigation? ? Yes ?X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 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 XQ No within one of the NC Riparian Buffer Protection Rules? 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? 56% 2b. Does this project require a Stormwater Management Plan? 0 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: Stormwater will be collected from all built-upon (impervious) areas and conveyed to stormwater BMP via catch basins and stormwater pipes. The BMP will be an underground stormwater sand filter that will treat the runoff from the first one inch of rainfall. The post-development peak flow will be detained so that the runoff from the 1 year, 24 hour storm event will not exceed the pre-development peak flow. Stormwater runoff from the adjacent off-site development will be collected and passed through the proposed project. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Cary 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Cary, approval pending n Phase II 3b. Which of the following locally-implemented stormwater management ro rams ? NSW p g apply (check all that apply): ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ?X No attached? 4. DWQ Stormwater Program Review ElCoastal counties 4a. Which of the following state-implemented stormwater management programs apply HQW ?O RW ? (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been tt h d? T ? Yes ? No a ac e 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) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ?X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ?X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ?Yes ?X 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 ?X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project or available capacity of the subject facility. Existing sewer service is avaijable to the Town of Car North WWT Th N WWfP y . e o is 12 mgd capacity and has ample available capacity for the domestic sewage needs of this project. 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 ?X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ?X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Files of the Natural Heritage Program (NHP) office were searched for State or Federally protected species and Significant Natural Communities (see attached report ). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The proposed project is in Wake County which is not near any coastal or tidal habitat the would support EFH (i.e. salt marshes, oyster reefs, etc.). 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 Z 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 State Historic Preservation Office (SHPO) and the Office of the State Archaeology were contact and records checked (see attached report). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ?X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Most recent FEMA FIRM maps. Panel 0745 (Wake County, eff. May 2, 2006.) v ??U ??I . YV?)? !? 4 AIZ 7 ' Applicant/Agent s Printed Name s 9nature ate t's v lid only ' an authorization letter from the ap lic s provided.) Page 10 of 10 SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 07z/6-Z# - 01 ;U41- STREET ADDRESS: 02 D (e0 5ow+er fir, Vet Please print: Property Owner: Property Owner: tAvV%hgS, ?-L0. The undersigned, registered property owners of the above noted property, do hereby authorize Kei` (e , of e tiL)t l Co»su(44?n- s" Zhc . (Contractor Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 53 10 5 . s4on Aw. , Skile 21P ?tAC6M ?JC 27'I13 Telephone: - 3 k 3 - ,,27J D We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Date: • civil consultants LAND DEVELOPMENT CONSULTANTS NSS Sowter Drive Cary, NC State Historical Records Review Office of State Archaeology Natural Heritage Program File Search • Civil Consultants, Inc., Project No. 13029 July 22, 2009 In July, 2009, Bill Mills, Civil Consultants, Inc., conducted a review of state records at the North Carolina State Historic Preservation Office (SHPO) and North Carolina Office of Archaeology (OSA). The review included map room searches for sites and structures of historical, cultural, and archaeological significance in and around the vicinity of the subject property. Also in July, 2009, the files of the Natural Heritage Program (NHP) office located in Raleigh were searched for information on state and/or federally protected species and significant natural communities in or around the vicinity of the subject property. These records were updated utilizing the NHP Virtual Workroom (NHP 2009) and by requesting information concurrence identification by NHP staff. A map with the results of this information on a USGS map and location of the project site is attached to this report. Findings: NC State Historic Preservation Office NC SHPO maintains records and locations of buildings, structures and objects that are listed by local governments as historic landmarks or those which are listed or eligible for listing on the National Register of Historic Places. The records check at the State Historic Preservation Office (SHPO) revealed no structures on the property that appear on the National Registry (NR), Determination of Eligibility (DOE), Study List (SL), or Locally Designated (LD) lists. North Carolina state law does not provide protection for properties that are determined to be eligible but not listed in the National Register. Thus neither placement on the Study List nor a fomiaT determination of eligibility by the Keeper of the National Register has an official role in state environmental review procedures. No structures appearing on the National registry list will be impacted by this project. Maps at the SHPO offices did show an area that is listed on the National Registry which is located approximately % mile south of the project. This location is identified as the Carpenter Historic District, an area of approximately 210 acres consisting of a commercial crossroads and surrounding residences, LAND PLANNERS + CIVIL ENGINEERS 3206 HERITAGE TRADE DR, SUITE 100, WAKE FOREST, NC 27587, 919.453.2386 PHONE 919.403.0336 FAX WWW.CIVIL-CONSULTANTS.COM farmsteads and community buildings. This area was entered on the National Registry in 2000. This area is shown on the attached map. The project will not impact the historic district. Staff member Renee Shearin was quite helpful in providing information in the map room and file listing. Findings: NC Office of State Archaeology North Carolina Office of State Archaeology records archaeological sites and excavations. The record check was performed in July, 2009. No significant sites or artifacts have been recorded on the project site. In addition there are no significant or Nationally Registered historic archaeological locations recorded within the project site or in the immediate vicinity. Discussions with Ms. Dolores Hall, Deputy State Archaeologist, indicated that due to the erodible soils in the area artifacts would not be likely to be found in this part of the county (with a project located at the headwater area of the drainage area like the project area, erosion would have uncovered items that may be of interest and they would not likely to have survived the long term weathering). Findings: NC Natural Heritage Program The North Carolina Natural Heritage Program (NHP) records occurrences of rare plant and animal species, exemplary natural communities, and special animal habitats known to occur in North Carolina. Suzanne Mason, Environmental Biologist, NHP, assisted the search in the NHP Virtual Workroom to determine that there are no listings of such occurrences in the project area. In the vicinity of the project (2 miles) there are listed the following occurrences: Scientific EO Common EO EO State Federal Name Nb Name Rank Accuracy Protection Protection Status Status Buchnera 7 American H Low SR-P Americana Bluehearts Scutellaria 4 Veined H Low SR-P Nervosa rn ar• Skullcap .?)rx-r - 3ignirncantry stare-Peripheral' Summary- State I Global I Habitat Rank Rank Comments SH G5? Glades, open forests, streambanks, primarily over mafic or calcareous 7rocks S1 G5 Alluvial forests The records search at the Natural Heritage Program revealed that the above listed species are recorded within a 2 mile radius of the project boundaries. The file search at the State Historic Preservation Office produced no records of structures on the property listed on the National Registry (NR), Determination of Eligibility (DOE), Study List (SL) , or Locally Designated (LD) lists. The records search at the North Carolina Office of State Archaeology revealed no documented historical sites, surveys, or artifacts within the project boundaries. 70 r \ \? '! J~1'?? /1 L 37 • , r ?- • r ? 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I t{ ?I { s 1 1 , 5{D , 1 i •? tl erto 3,L?'t? TAY& inane 3^!a° • elk L? 1 1 \ Ill rin Ng N cull 0z; r nvlronmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com September 25, 2007 S&EC Project # 3494.w3 North State Storage Attn: Bruce Stankavage 14 Consultant Place, Suite 250 Durham, NC 27707 Re: Received Sign-Off Maps Mr. Stankavage, On September 25, 2007 we received the re-authorized sign-off maps for the Northstate Storage project on Sowter Drive. Unless there is a change in Law or the USACE's published regulations the delineation represented on the maps is now valid for five years from the date of the signature, (September 24, 2007). If you have questions or would like to discuss other aspects of the project please call or email me at cflowers@sandec.co . Thanks, Chris Flowers Wetland Scientist CC: Bill Mills Civil Consultants Charlotte Office: 236 LePhillip Court, Suite C Greensboro Office: Concord, NC 28025 3817-E Lawndale Drive Phone: (704) 720-9405 Greensboro, NC 27455 Fax: (704) 720-9406 Phone: (336) 540-8234 Fax: (336) 540-8235 Soil & Environmental Consultants, PA. 11010 Raven Ridge Road - Raleigh. Noah Carolina 27614 - Phone: (919) 846-5900 • Fax: (919) 8469467 www.SandP-C.com August 8, 20-07 S&EC Project #3494.W3 USACE Action ID #:199820704 USAGE Raleigh Regulatory Branch Attn: James Shern 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 Re: JD Request- Lots 3 and 4, Cary Corporate Center Cary, Wake County, North Carolina Dear Mr. Shern: On behalf of Carpenter Associates we request a Jurisdictional Determination for Lots 3 and 4 of the Cary Corporate Center. The project is located to the south of Sowter Drive in western Cary., NC. A jurisdictional determination was previously made for the entire center in May of 1998 by Mr. Todd Tugwell (expired sign off maps attached). At this time we are requesting a Jurisdictional Determination on lots 3 and 4. S&EC has since refreshed the flags on Lots 3 and 4. A map depicting the updated flagging is attached (figure 1). Please review the attached information and let me know if you have any questions. Sincerely, Chris Flowers Wetland Scientist/Project Manager Attachments: ¦ Wetland Sketch Map ¦ USGS Map ¦ Soil Survey Map ¦ Wetland & Upland Data Forms • Site Photos ¦ Expired Sign-off maps (for entire Corporate Center) ¦ New JD Form ¦ Agent Authorization Form Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 31817-E ..awndale Drive r ..mot:...., Mr T7dSC CD x TWO A .- Md R-d.Comaitaats. PA I IOIO lim 16:Iec Rood. 6eigyh. Nont: Cmou:wT+6li r-. J919 846-5900 F C919) &16-9465 W.U." App-i-tim .^w:yGe r:e tYdc._na.? fvn:i..S ?l a'S.-iC nvn+.s:x. ?,: t:o musrr n?une; .l cn mc.?4ddmk auRw+d alwmtiea mM HeeErrAC:ian+ln nL ttF.. ?sreeia*'+sro e2+o?+??umr:et N}'f^ss:+and G- Px::ina3 S. [ha S S Amp Caps d SOWTER 10A&B T1 T tt 20A 81208 / A .'IJ,. ty L_ 28A tt PL Unimportant Channel must be confirmed by the USAC Wetlands must be confirmed by the USACE parcel streets Project Number: Vap Title: 3494.w3 Figure 3 - Wetland Prat Vlawjer: Sketch Map CF Scale: Cary Corporate Center j u = 1 '00` Wake County, NC 01BttPL __._01Att PL i Soil & Environmental Consultants, PA 11010 Raven Rdge Rd.- Raleigh, NC 27614 (919) 846-5900 -(919) 846-9467 Web Page: www.SaidEC.com Date: na?n?in? j , tom` r?? , '?1? ( ,,, a? t ??.? ,w ?,.y ? `?i3??' 1 _,- i ? ?? ?\ •, •tis\ ?\ ? ?1,-? 1., ` ?? I, s 4 t? ? r ? „ .? ? ? 4 D j ?.. i? ? ?? I'-L ?? ,.. ._-? 1 _? 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V f'• /` l i? - i"` X50 3325.N`_ r 7 { ?•{ ? i%F 4 ""? \ /} , ??'{ y , J ? }? ?-??,?'? ? i ... _ 1 ? 1 i- Qi r - ! h r t 4 tI FE } ?_j? -?}. Y ti ? t f _1 1jf t .}r t ''..\ t `•1 --?.•,- . gL %i I"33W9}g - ?- i ay{? rat ??'? ?< iu!-} ? r ? !??•yr il)1 ??,,,1. ?If `. Iii .? _'L ilt1 ?t ?i•F ? 1 ? .? ' 3 3 t ? s } tit i ., i , t f?• ? r ? ' Fr. -'4 F•- ro >,rtC,. j n l~r-??-? i r n ( ? r 1 ,r li\ ?• ". . z??;. fir! s ' r• ?~_?? ? -i \?l?,?v?!!e!!( ??r 3J ???`{ / ^ r? L •S SIG ?3' t ? yli?k ? ? '? 01}L?> {? ??` ° f? ?'?ti Il I ?G J 1 ? ?? ?,l ?\\??1 L?' ? ^? `??? ?• `_ , J ?,' 'ti-/I ?! I! t l1`r i 0, ?G?_-' .? ?L.i•: I ' sdC l' yl 13L t Project No. 3494.W3 F)gure { - USGS Project Mgr.: Cary Corporate Center CF North State Storage Scale: Wake County, NC ' ` I = 2,000 Carv Quadranale Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 - (919) 846-9467 Web Page: www.SandEC.carn AW \-Y 1 a\!_ IMMOV MOI N., ' - - t ..l Sr 3t .a'^ Y 5Y ai fill l _ ? F? Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 946-5900.(919) 946-M7 Web Page: www.SeMEC.com Wetland Delineation Performed By- Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Cary Corporate Center 3494.vv3 Action ID * 199820704 Date: 82!07 Applicant/Owner. North State Storage County: Wake Investigator. Sold and Environmental Consultants-CF State: NC Do Normal Circumstances e)dst on the site? X Yes No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes x No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: 5' Inside flag 04A If needed, explain on reverse.) I vt(it 1 A I lulm Dominant Plant Species 1 Stratum. Indicator Dominant Plant Species Stratum Indicator tiqufdambar styraxi®ua Tree FAC+ 9. Eulaffa viminea Herb FAC+ 10. Smilax rotund loffa 3. Vine FAC 11. Juncus effuses Herb FACW+ 12. Scirpus cypedrius Herb OBL 13. 14. 15. 16. Percent of Dominant Species that are OBI, FACW, or FAC (excluding FAC-): 100% Remarks: n 1 L0Mw1_vv 1 _ Recorded Data (Describe in Remarks)- _ Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated X Saturated in Upper 12 Inches _ Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth of Surface Water. - (in.) _ Water-Stained Leaves _ Local Soil Survey Data Depth to Free Water in Pit: 5 (in.) - FAC-Neutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: 0 (in_) Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: Cary Corporate Center 3494.w3 Action ID #. 199820704 Plot ID: 5' Inside flag 04A 5u1L, Map Unit Name Drainage Class: Poorl y Drained (Series and Phase): Worsham Sandy Loam Field Observations Taxonomy (Subgroup): Typic Ochraquults Confirm Mapped Type? _ Yes _ No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-3 A 10 YR 411 San Clay 3-12+ B 10YR 511 10YR516 Common/Prominent Sand Clay Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils x Aquic Moisture Regime Listed on Local Hydric Soils List x Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: DS DETERMINATION WE TLAN Hydrophytic Vegetation Present? x Yes _ No Is this sampling point within a wetland? Wetland Hydrology Present? x Yes _ No x Yes No Hydric Soils Present? x Yes _ No Remarks: L- -:I Wetland Delineation Performed By. Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Cary Corporate Center 3494.%%G Action ID * 199820704 Date: 8fM7 Applicant/Owner: North State Storage County: Wake Investigator: Sor7 and Environmental Consultants-CF State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: 5' outside flag 04A If needed, explain on reverse. vcr_c-rerrnN Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Querc us atha Tree FACU 9. Campsis mdc ans Vine FAC 10. 13. Ms rotunda Vine FAC 11. Liquidambar sfyrwdflua Tree FAC+ 12- 5. arboreaum Tree NI 13. Cornus florida Tree FACU 14. 15. 16. Percent of Dominant Spectres that are OBL, FACW, or FAC (excluding FAC-): 60% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarksy Stream, Lake or Tide Gauge _ Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches _ Sediment Deposits Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth of Surface Water (in.) _ Water-Stained Leaves Local Sort Survey Data Depth to Free Water in Pit (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: (in.) Remarks: No Hydrology Indicators Met Wetland Delineation Performed 6y: Soil iii Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: Cary Corporate Center 3494.w3 Action ID #. 199820704 Plot ID: 5' outside flag 04A SOILS Map Unit Name Drainage Class: Poc (Series and Phase): Worsham Sandy Loam Field Observations Taxonomy (Subgroup): Typic Ochraquuits Confirm Mapped Type? Profile DescriDbon: Depth Matrix Color Mottle Color inches Horizon (Munsen Moist) (Munsell Moist) 0-4 A 10YR 513 4-12 A2 25Y 5/9 Hydric Soil lndicators: Histosol Histic Epipedon Sulfides Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chrorna Colors i Remarks: No Hydric Sod indicators Met Mottle Abundance/Contrast Drained Yes No Texture, Concretions, Structure, etc. Sand Loam Sandy Loam Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Hydrophytic Vegetation Present? Hydrology Present? Soils Present? x Yes No Yes x No Yes x No is this sampling point within a wetland? Yes x No Remarks: Job #: 3494.W3 7, 2007 Figure 1 Wetland Edge Near Flag 05A Figure 2-Upland Soil Job #: 3494.W3 7, 2007 Figure 3 Wetland Soil Job #: 3494.W3 7, 2007 Figure 6 Unimportant Channel Job #: 3494.W3 August 7, 2007 Figure 8 Wetland Near Flag 24A Job #: 3494.W3 7, 2007 Cia;4.. D16-*wj for the Cav wi wi a"?i.°?. ceni?.i Wake County, NC Figure 9 Unimportant Channel Figure 10 Wetland near Flag 03A & 03B v1v ? rd A ci oll .?Z 5101 M„60,01.10 S 'D b 4 / _J z.d N ? V T °"n / RAY 5? 27 3 o 745-0 45C 00 NCO 'Z C4 alt i Ve) 4'K }? eve 'E Q; ?k? .Ict 4 Wa 0 CS N man ? o Cc lCb k3 g4 JCL Ajj' -is i7 - .n - ? b^~ NJ tl O tt 'U 4 f 4 ((? tc c h of W ?'i n 't' o ° N ZIE a 4,E caoo 0 +g ?C CL d c g a i ?? .68'9LZt 3-41-0t.10 N - o --- d q n OI g g a4a I'S ??? z2w a+ ? Ci?n a U a ?nz ?`^ ?E? - SECTION 131 CWA ANALYSTS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a T_NW, complete Section IILA.1 and Section 111D. I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections 1P A.1 and 2 and Section IILD.1.; otherwise, see Section IRB below. TN W Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": R CHARACTERISTICS OF TRIBUTARY (THAT TS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rspsnochave been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPW%I i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e_g., typically 3 months} A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, slap to Section IFF 2. M the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section M .D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus fording is not required as a matter of law. If the waterhody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. lithe JD covers a tributary with adjacent wetlands, complete Section III. & I for the tributary, Section I11R2 for any onsite wetlands, and Section MR3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section ITEC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: (14 digit HUC) 52.63 ,, ffi Drainage area 32 Average annual rainfall: 30 inches Average annual snowfall: 2 inches (ii) Physical Characteristics: (a) Relationship with TNW: Tributary flows directly into TNW.. ® Tributary flows through ItnNitanes before entering TNW. Project waters are ffIdentify flow route to TNWS: Wetland to UT 2, to UT 1, to Crabtree Creek, to Neese River. aibutaij Sir:cm order, u knour, IA. Project waters are Project waters are straight) miles from TNW. Project waters arc rial (straight) miles from RPW. Project waters cross or serve as state boundaries- F.xplaire 'Note that the instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW_ (b) General Tributary Characteristics (check all that gMlvl: Tributary is: Z Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). F.xnlam: Tributary properties with respect to top of bank (estimate): Average width 4 feet Average depth: 2 feet Average side slopes: .P_-- -_--- Primary tributary substrate composition (check all that apply): Silts 0 Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock [jVegetation. Type/0% cove- El Other. Explain: Tributary condition/stability fe.g., highly eroding, sloughing banks]. Explain: Eroding Banks due to highly erodable substrate. Presence of run/rifll ool complexes. Explain: Moderate Riffle-Pool complexes exist. Tributary geometry: Tributary gradient (approximate average slope): 2 % (c) Flow: Tributary provides for. Estimate average number of flow events in review area/year. 10 Describe flow regime: anticipated to flow > 3 months during winter and spring. Stream channelizec below the northern wetland at flag 11 and floux south for approximately 175' where the channel looses structure and dissipates in to the wetland at flag 19. Other information on duration and volume: . Surface flow is: .?. - Characteristics: Subsurface flow: Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): 0 Red and banks Fg OH W M5 (check all indicators that apply): ® clear, natural line impressed on the bank ?I changes in the character of soil ? F shelving ? vegetation matted down, bent, or absent leaf litter disturbed or washed away sediment deposition ® water staining ? ? o'dic list): ? Discontinuous OHWM' Explain. the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community if factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: Mean High Water Mark indicated by: ? oil or scum line alongshore objects ? survey to available datum; Ej- fine shell or debris deposits (foreshore) ? physical markings; ? physical maddirgs/charaeteristics ? vegetation hnes/changes in vegetation types. ? tidal gauges ? other (list): (k) Chemical Characteristics: Characterize tributary (e.g-, water color is clear, discolored, oily film- water quality; general watershed characteristics, etc.). Explain: water only present in persistent pools during time of evaluation. identify spec iffic poll' if Ucwm 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the IiFiiVM bac been removed by development or agricultural nracficec)_ Where there is a break in the 0H WM that i.¢ unrelated to the waterhody's flow regime (e.g., flow over a rock outcrW or through a culvert), the agencies will look for indicators of flow above and below the break 7lbid. ?vl Biological Characteristics. Channel supports (check all that apply): g Riparian corridor. Characteristics (type, average width): 20' average width. ® Wetland fringe. Characteristics: headwater wetlands. IBC Habitat for- (J- Federally listed species- Explain findings: ? Fish/spawn areas. Explain findings: ? other environmentally .sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size:0.15 acres Wetland type. Explain:Headwater Wetland. Wetland quality. Nxplain: Wetland exhibits habitat for aquatic and tereshial vertibrates and inverfibrates. Project wetlands cross or serve as state boundaries. Explain: NA. (b) General Flow Relationshi with Non-TNW: Flow is: Explain: au11AA.C uow is: Characteristics: Subsurface flow. Explain findings: F-1 Dye (or other) test performed: _ (c) Wetland Adjaucemcy Determination with Non-TNW- ® Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by bermtbarrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are a river miles from TNW. Project waters are aerial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland as within the floodplain. (ir') Chemical Characteristics: Characterize wetland system (e_g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Water color is slightly brown from silty soils in suspension. Identify specific pollutants, if known: No pollutants known, ollutant<s typical of road rrmofT; pdrolium, oil, etc, may be present as a road bisects the drainage area north of the wetlands in the review area. (ffQ Biological Characteristics. Wetland supports (check all that apply): Fg Riparian buffer Characteristics (type, average width):15'- ® Vegetation type/percent cover. Explain: Hardwood overstory (80% cover) with well developed shrub layer. Habitat for ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: E other environmentally sensitive species. Explain findings: ® Aquatidwildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (V any) All wetland(s) being considered in the cumulative analysis: Approximately ( 0.15 ) acres in total are being considered in the cumulative analysis. For each wetland meeify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) Size (in acres) V 0.15 Summarize overall biological, chemical and physical functions being performed- Flood storage, nutrient and pollutant filtration, and habitat for aquatic and terrestrial vertibrates and mvertibrates. C. SIGNIFICANT NEXUS DETERMINATFON A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW} Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Dray connections between the features documented and the effects on the TNW, as identified in the Rananos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if auy? have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (-if arty), provide habitat and I fecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing yoffig for species that are present in the TNW? • Does the tributarv, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any I have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 1I1D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNW& hxplain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section lILD: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: _ D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSJWETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs. linear feet width ($), Or, acres. Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TN -W where tributaries have continuous flow --seasonally -7 (e.g., typically three months each year) are jurisdictional- 1)ata supporting this conclusion is provided at Section il!_B. Provide rationale indicating that tributary flows seasonally: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): W Tributary waters: linear feet width (ft)_ Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included'' is-i led waters with no, snbSiauuai neras to inter-mte'ui vi ` commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Ririe" (MBR} Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other. (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MHR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture using best professional judgment (check all that apply): Nor -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non-Jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Nan-wetland waters (ie., rivers, streams): linear feet, width (ft). Lak n1ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A SUPPORTING DATA Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant Data sheets prepared/submitted by or on behalf of the applicantfconsultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheetsldelineation report. - Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: [-] USGS NHD data. ? USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): Previous determination(s). File no. and date of response letter. Applicablelsupporting case law. Applicabletsupporting scientific literature: Other information (please specify): B. ADDITIONAL COMl1HNTS TO SUPPORT JD: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 175 linear feet 4'width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TM W or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. EdWetlands directly abutting an RPW where tributaries typically flow year-round Provide data and rationale indicating that tributary is perennial in Section 111.1)2, above- Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section 111.112, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tribunary to which they are adjacent and withsimilarly situated adjacent wetlands, have a significant nexus with a TN W arejurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWL Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a "1N W are jurisdicti onal- Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area. acres. 7. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from `waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus t0 commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COAOURCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):19 which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors- Explain: 8Scc Foomotc # 3. 9 To complete the analysis refer to the key in Section T T ' .6 of the Inshuctional Guidebook 10 Prior to asserting or dedmmg CWA jwisdiction based solely. this category, Corp. Distrids will elevate the action to Corps and EPA HQ for -- consistent with the process described in the Corps/EPA Memorandum Regarding CWA Ad lu u&cdon FoRewing Raparos. I ILA VJ VI VL•LJr+ %,LVLL VVI ICYL{H431 1 1 L1II,,- . --• --• -=-vo rnn 7L`J 5Vt `3119 Di.iweeg Companies r i J L J • V J V J J V ODOWDoi vron?aten 'Consultants, IP.A. Rdd916 NO& ta>dhA 27614 . Phooee (919) 84-5900 ? laic (919)116-41G7 wwwJ%xdBQcoft Nam: -- Addr=-. t .S G T- e1` -- e0l-rel. A- C- Date, -nom DePafaamc of the Atay U.S. Army Cwpa of Eogmaca, W*ncgton District P.O Box 1890 W miagtaa, NC 28402 Attn: >:ieid tom: Re: Wetiads Related Consaiting and Permitting To Whom it May Concern: 1, -&a cunw t Imub rner or amwkipal official, h=by desigttaie and rAmm Sold & Eavit m=W Comdbms, PA to ad In my 1 €as my age, is apt ag of pamit appNe , to fimimh tm request mvplemenW itoo mabm m snppmt ofd, eec.fwmbrie dmor hrwa t 'L'ice day of This wh6muon sttMmlm.any prmm corn ce cmcming the agog for flu pr%o&" "1ICE: Tldl+ aath , fen llama md pv%moad courusy resmak m valid nib for elficisls t. eater the By 4 wbm accompnM by S11rW WsM Yea dmM eap S&W sp art:sW? u.n to rbhlagtLeeih. ? ?»?i c1e?t„ eta j j ?- ;; ?-. Pftd PIWatY 0--='* or Mnnw qnl .t}1&cW s Name Property OWft--'sot ;;,;c J81 G:?ai'S Sigaatum cc M& C-yA&Kamly NCDEMt-DWQ 2321 CtftftBoukvard Raleigh, NC 27604 cc: Mr. Cis Rowers Son & Fnviroammw Comsnlt m, PA 2361A 1ipCmw,SalteC 23192m-offim [beomA NC 28025 3817- awodele Demf Ph= (704) 720-9405 Cbmabore, NC 27455 ram (704) 720-9m Phwc (33fi)540-8234 Fax: (336) SW8235 ACMAUMORIZATEON FM MI All Blanks To.Ue Fliled In 1#v T$e Cum 1 nrrc r ?Lz;r iciaal Of11gw o? wATF ?QG 0 Y Michael F. Easley. Gnvem0 William a. Raac Jr.. Secetary Nonh Carolina Department of linvirooment and Natural Rcsourccs `November 10, 2004. .! Carpenter Associates, LLC Attn: Mr. Glenn Futrell PO Box 3006 Cary, NC 27519 Subject Property: Cary Corporate Center UT to Crabtree Creek "303(d) list 2004 Alan W. Kitnek, P.E. Director Division of Witter Quatlry DWQ EXP# 04-1776 Wake County Page 1 of 2 On-Site Deterudnation for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233)-EXPRESS REVIEW PROGRAM Dear Mr. Futrell: On November 9, 2004, at yo'ar request I conducted an on-6te determination to review two features located on the subje,;t property for applicability to ?c Neuse Buffer Rules (I 5A NCAC 2B .0233). The features are labeled as "A and B" on the attached maps initialed by me on November 10, 2004. The Division of Water Quality (DWQ) has determined that the features labeled as "A and B" on the attached maps are not subject to the Neuse Buffer Rule. This on-site determination shall expire fire (5) years from the date of this letter-, Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred io the Director in writing c/o John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and i:d*ent Iandowncrs) is notified of this decision. DWQ recommends that the applicant conduct th s notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina l,ieneral Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor doe; this letter approve any activity within Waters of the United States 401 wetladacadruficn unh r.f ?c ca<n))inn 9&50MaNSarvlcpCanter,Ralelph,NoahCarolina 276pq-mo ,/MQl!!fQlrt? 2321 Crabtree Boukmard, Suite 250, Aalaigh, North CarDIA1 27609 Phone: B19.733 978@1 F ;X 919-733 68831 fitemet h_t1 Uh2q.* rstale.nc u 'icw,.s:A as Carpenter Associates, LLC Page 2 of 2 11/10/04 or Waters of the State. If ycu have any additional questions or require additional information please call Deborah Edwardis at (919) 733-9502. Sincerely, Alan W. Klimek, P.E. AWK/dac Attachments: Wak(.: County Soil Survey map USG) Cary Quad map Map''/ue sketch map cc: Mike Horan, DWQ :Raleigh Regional Office File Copy ? 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Q ~ ~Q . ®V ~ id O ~ ®a ,n EXISITNG A91NI-ST~tAGE ATE . ~95 0~ ~ ~ NSS GARY LCC ~O D.B. 11926 » PG. 2149 ~ ~ PIN N0. 745.01-35-4105 sa ~ ~ ap H ZONED: ORD ~ USE: CQMMERgAI ~ da Q <°w~ qty o I TE S 0 lta•0 m= tiN~ OF ~8 jtfm p~ji0 t_ ~ - - ~ . ~(1. ~ L~.7~-L~.. L,.rLL~ ~ ~.2 . , .~~1.~ . ~n n . ~r1•L~ . ,nom. rL.L, L~ ~ LL• CqR ~'1L/yc TORM AIN G ~ t ~1 - - _ _ - _ _ - ~~v t~~w pEN E SEM ~ ~ i i _ - EXISITiNG 12.5' TYPE °C° BUFFER\ ~ ~ ~R RD. , ~,t, - 5725912 471.40 i N~/ f ~i~ X44 ~v ~ ~ 10 TYP~ C BUFFER tr ~ti ~ t THO~M~A~S/ J. GOEHL ~ ® F ` ~ i VICINITY MAP ~ ~ . ` ~ ' NATURAL STATE ~ \ . - - - - - - - - ~ ` ~ D.B. JlNS ~ PG. 866 i` r - t ~ ~ PIN NO.1745.01-35y4705 r ° ~ ~ ~ p ~ PRESERVA110N i ~ _ 1. 9-Btl~i G SETBACK U ~ EASEMENT _ ' ~ f ~ ~ , ZONED: AD.' % ®®e 0®N ' USE: VACAJVT i ANA ~ro9 ~ ? ~ ~ ?t ! 1. - ; ~ { I a~~ ~m~ o , ~ ` ( ~ / gar d9~ r~ ~ ~ ` , ) ®q~p ~~0a1 ~ ~ ' ~ ~ ~ ~ ~ RESERVOIR WATERSHED ~ ~ (PROTEC110N EASEMENT , ~...--~"O~ f ~ . f ~ ti. 1 1 / ~ ~ S~ .53 . p1Y ~ X3.1 F,. ~ i ~ ~ ~ , ~ ` ~ ~'J ~ ! Do N t Use for ~ t,, 1 `I ion el ~ C ~ ~NJ~ISTURBED AND AREA 1 , i I it OCR f i ~ f ~ ~ J \ , ~ Q f ~ ~ \ t _ , / ) Jj I I J ' , I ' ~ ~ ~ ~ I ~ Q ~ W CO ,l ~ . ~ f w:`..-,:~',,~ HADE ~ REA REPRESENTS - ~ ,F' / f 2'~ ~ ~ C..., e i ~ ~ ~ ' , ANCE .av. ~ d \ ~ `w~;., WETL N DfSTUR6 ' I / ~ g `s ~ ( \ ' ' 4316 S . .09 ACRE IMPACT, i' \ o , ~ ~ i ~ ( w~.~ ~ ~ C \ ~ ` 1`, ° m ! ~ ( ~ A ~ , ~ I ' ~ ~ 1 W ~ i i 3 fip~~ ~ o / o ~ I ~ 1'.., ,lam ~ ~ ( I ~ 1 ` ~ y ~ . ~ O ~ ~ I `i \ ,.~tiF, / ~ ,,,0 / 'A F-I ~ ~ wo% 1PETLANDS SUP! Y 1 4~ 4 ~ Q TOTAL 1~ETLANDS ON SITE = 8079 SQ FT f- _ IMPACTED AREA = 4316 SQ FT ` ` ' ` 1 \ it } ~ _ ~ ~ ~ ~ ti ti ~ _ i i ~ i VALTERRA HOLDINGS, LL _ _ - ~ ~ Z ~ ~ + f i ~ ~ _ - ' ~ DEED ACRES: 3.93 AC - a~ C F i { D.B. 12766, PG. 2662 ~ ~ ~ ~ ~ ~ i PIN 0745-26-9214 ~ ~ ~ ~ ( ~ ' ~ ~ _ ZONING: ORD I R AND AREA ~ ~ G4 AND AREA ~~~tia' , ` z ~ A i r.~,. t ~ h L' a / / , .o , i ,r' (f i W \ ~ ~fi t i r ~ ~ u i 1 ~ 1 ` ~`gE18pCK 1 Y x 1 ~ \ ~ - ~l \ ~ T4G°~ ~ V \ ` ~r~~`u~ ~ ~ ~ ~ ti ~ ^ N ? ~ li M ~ \ V.. ~ ~r1y' ~ •z i ~ ~ ~ ` 6 I ~ ~ ` rT, ~ A ~ ~ C \ ~ ~ A gU1W~N~ Fd~l ~ ~ ~ ~ v ~~TgpCK ~ S ~ ~ DIV. i i ~ ~ _ .i ~ ~ . ~ ` 2 ski .ik1d~' ~ i . x~ ~ / ~ y ~ i~ ~ / ~ i i ~ i roe -A m t 1 5 m~-= - . ~ ~s% . ~ 1 ~ ~ t _ IN ~g,09 , 33'!.79 \ 15 FE r ~ t CURVE TABLE / .1BpCK . ~ ~ ~ ~ ~ i ; ; ° ° BUS .J 1~1G ~ , ! ~ ~~xsfl : p, ~ l~ r i , TYPE C CURVE DE1TA RADIUS ARC CHORD TANGENT " CHORD BRG ( 0 gUUD ~ \ ~ . ' 163.55 81.86 S 8675 ;33 E - 1 ~ ~ ~ ~ ~ Cf 57228 1800.00 163.64 N ~ f`''ry ~ j ~ i 15 ° UFFER 358.91 ~ ~ C 8 z~~ - ~ .6 . S 1 . p. ~ , E (n1O VACANT OIP PROPERTY z . ~ 46 ` i t SAS - g~17N ~ . T~ ~ ~ 0 ~ ~ ~ 1999 r~` - - " o_ ~ t 15 i ( - U A . ~ _ 359.E .15' - N w _ IdV a1T ~ ~ ~ - _ I i ~ ; 0 i - ,ice ~ _ _ ~ w M i~ M f Q 0 ~ ; ~~R ~IH w _ w / ~ t~8 r ~ ~N) 35 ~ u~v 1.~ GRAPHIC SCA Q DATE: JULY 2'l, 2009 w (E~ ~ a' INY. ~13g9.2 N 30 0 15 30 60 HORIZONTAL SCALE: O VERTICAL SCALE: PUA INV. _ 1~ PROJECT MANAGER: KPG DRAWN BY: dal i inch = SO 4t. PROJECT N0: 13029 DRAWING NAME: iaoze.Dw~ THIS DRAWING AND THE DESIGN HEREON ARE THE PROPERTY OF CIVIL CONSIA.TANTS, a~ INC. THE INFORMATION ON THIS DRAWING IS NOT FOR USE ON ANY OTHER SITE OR PROJECT. THEHEPRODUCTIONOROTHER USE OF THIS DRAWING IN WHOLE OR IN PART, WITHOUT WRITTEN CONSEM OF CML CONSULTANTS, INC., IS PROHIBITED. COPYRIGHT 2006 CIVIL CONSULTANTS, INC. ~ SHEET N®. CALL BEFORE YOU DIG..° OT°S E LAW ~ T CALL N.C. ONE-CALL(i-B00-632-4949) ~ ~T~,81a~414 f FOR LOCATION OF UNDERGROUND UTILITIES AT LEAST xge~®,~rs ®a~ 2 WORKING DAYS PRIOR TO BEGINNING GRADING OR TRENCHING. NORTH CAROLINA GENERAL STATUTE 87-102 I ~ ~ -11 LP CONSTRUCTION P:\13029113029-LDD\dwg\CD\13029.dwg, 401404 Submittal, 7/27/200911:01:23 AM