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HomeMy WebLinkAbout20190723 Ver 1_401 Application_20190531ASE -tco�ce,crs "'VICIT May 31, 2019 US Army Corps of Engineers Raleigh Regulatory Office Attn: Mr. James Lastinger 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 Re: Willow Hills Subdivision (3417 Olive Chapel Rd) Request for NWP 12 & GC 4133 Sage Project # 2019.44 K(1@110%11 MAY 3 12019 NC Division of Water Resources 401 & Buffer Permitting Unit Attn: Ms. Karen Higgins 512 N. Salisbury Street Raleigh, NC 27604 20190723 On behalf of Toll Brothers (applicant) please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USAGE) and North Carolina Division of Water Resources (NCDWR) that the activities associated with the proposed residential development and specifically the installation of a sanitary sewer, may proceed under the use of Nationwide Permit (NWP) 12 and General Certification (GC) 4133. This site is located within the Town of Apex which has delegated authority with respects to riparian buffers. Although riparian impacts considered "Allowable" are proposed and identified within the material provided, a separate buffer authorization approval request will be sent to the Town of Apex. The +/- 68.31 -acre project is located immediately SE of the Olive Chapel Road and New Hill Olive Chapel Road intersection in SW Wake County, Apex, NC. Five individual parcels make up the project area. Detailed property owner information is included in the attached Supplemental Information. The approximate center of the proposed project is located at Latitude: 35.729209° N; Longitude: 78.946037° W. Proiect Summary and Purpose The proposed project will consist of a 70 -lot residential subdivision to meet the for housing in this part of Wake County, NC. The project will include the construction of utilities typically associated with residential development including a sanitary sewer outfall. The sewer utility will connect to existing adjacent infrastructure in the area. Proiect Detail The overall project consists of 70 -detached residential lots, open space, stormwater, residential roads, sewer utility, and a mulched greenway trail. The project includes a proposed variable width sanitary sewer outfall with a maintenance corridor which will serve the single-family Willow Hills Subdivision Page 1 of -� residential subdivision. Access to the subdivision will be available from two locations on Olive Chapel Road. The subdivision will contain a main circular road,, two cul-de-sacs and a roundabout. Four Stormwater Control Measures (SCM)'s will be utilized to treat stormwater on the Site. No impacts are proposed from road construction or lot fill. No federally threatened or endangered species are listed to occur within 1 mile of the site according to the NC Natural Heritage Program (NHP) Database (June 2018). See attached letter from NHP. Fifteen records of properties which are listed in the State Historic Preservation Office (SHPO) database are located within %-mile of the Site. One site, a 1945 Colonial Revival house (WA - 4782), is listed as a Surveyed Only (SO) property is on the Site itself. The structure located on the Site will remain in its current location which will become the proposed lot 70 (see attached overall map). Proiect History Most of the site has previously been in agriculture use. A few single-family homes were located along Olive Chapel Road. Soil and Environmental Consultants (S&EC) completed a wetland, stream and riparian buffer delineation in 2018. A buffer verification (see attached copy) was Issued on July 20, 2018 by Mr. James Misciagno (Town of Apex) after a site determination was made on the same day. A site meeting was held with Mr. James Lastinger of the USACE on July 13,2018, however an Action ID number has notyet been issued. The attached impact maps reflect the determinations made by Mr. Lastinger and Mr. Misciagno. Avoidance and Minimization Lots and roads were designed to exist around the ponds and wetlands on the property to avoid and minimize impacts. Open space was provided around drainages containing jurisdictional streams and buffers. The proposed temporary impacts result from sewer easement which crosses the jurisdictional areas at a perpendicular angle to further minimize impacts. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from runoff. Proiect Impacts The project will incur temporary impacts to wetlands and a stream resulting from the installation of a sewer corridor that crosses these areas at a perpendicular angle. The proposed perpendicular impacts will occur in three locations and will result in total temporary wetland impacts of 0.0097 acre and total temporary stream impacts of 40 linear feet. The Project is located within the Beaver Creek watershed of the Cape Fear River Basin in an area which drains to Jordan Lake. Permanent "Allowable" impacts to riparian buffers will occur but will be requested from the Town of Apex under separate cover. Willow Hills Subdivision Page 2 of 3 Mitigation Impacts have been minimized and avoided so that no permanent impacts to wetlands or streams are proposed and temporary impacts to wetlands total less than 0.10. No mitigation is proposed. Impacts to the riparian buffer are considered Allowable in the Table of Uses. Therefore, no buffer mitigation is proposed. If you have any questions, please call me at (919) 559-1537. Sincerely, Sean Clark Sage Ecological Services, Inc. Attachments: Pre -construction Notification .(PCN) Application Form PCN Supplemental (Property Owners' information) Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2 -Soil Survey Site Vicinity Map Figure 4-NCSHPO map Town of Apex, NC Buffer Determination Letter NHP Radius Query Letter Impact Maps (3 sheets) Check for $241100 for 401 -processing application fee (NCDWR only) Willow Hills Subdivision Page 3 of 3 _. _ W ATF,. Office Use Only: Corps action ID no. SAW -2016- 01126 DWQ project no. Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: © Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number. 12 or General Permit (GP) number. 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes _ ® No 1 g. 1h. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No ❑ Yes ® No 2. Project Information 2a. Name of project: Willow Hills Subdivision 2b. County: Wake Apex 2c. Nearest municipality / town: 2d. Subdivision name: Willow Hills Subdivision 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Please see attached supplemental pages 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d- Street address: 3e. City, state, zip: 3f. Telephone no..- o.:3g. 39. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other 4b. Name: Mr. Ted Pease 4c. Business name (if applicable): Toll Brothers 4d. Street address: 2310 T.W. Alexander Drive 4e. City, state, zip: Raleigh, NC 27617 4f. Telephone no.: 919-321-4800 4g. Fax no.: 4h. Email address: tpease@tollbrothers.com 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Sean Clark 5b. Business name (if applicable): Sage Ecological Services, Inc. 5c. Street address: 3707 Swift Drive 5d. City, state, zip: Raleigh, NC 27606 5e. Telephone no.: 919-559-1537 5f. Fax no.: -- -- — - - ----------------- 5g. Email address: - ---- - -- - -- ---- ---- -- ---- ----- - - sclark sa eecological.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification -- — --- ---- ---- ------ -� 1a. Property identification no. (tax PIN or parcel ID): Please see attached supplemental pages 1 b. Site coordinates (in decimal degrees): Latitude: 35.729475° N Longitude: 78.946248° W 1 c. Property size: +/- 68.31 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Beaver Creek 2b, Water Quality Classification of nearest receiving water: WS4V:NSW 2c. River basin: Cape Fear River Basin (HUG 03030002) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application. The Site is mostly in fallow agriculture with wooded areas around drainages and along portions of the periphery of the Site. General land -use in the vicinity consists of residential tracts, agriculture, commercial and light industrial areas as well as areas of undeveloped land. 3b. List the total estimated acreage of all existing wetlands on the property: +/- 2 -acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 100 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a 70 -lot residential subdivision to meet the demand for housing in this part of Wake County, NC. The project will include the construction of utilities typically associated with residential development including a sanitary sewer outfall. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of 70 -detached residential lots, open space, stormwater, residential roads, sewer utility, and a mulched greenway trail. The project includes a proposed variable width sanitary sewer outfall with a maintenance corridor which will serve the single-family residential subdivision. Access to the subdivision will be available from two locations on Olive Chapel Road. The subdivision will contain a main circular road, two cul-de-sacs and a roundabout. Four Stormwater Control Measures (SCM)'s will be utilized to treat stormwater on the Site. No impacts are proposed from road construction or lot fill. Impacts to wetlands and riparian buffers will be incurred from the construction of the sanitary sewer outfall. Heavy equipment typically used for utility installation projects (e.g. back hoes, bull -dozers, etc.) will be utilized. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / Comments: Corps field determination performed on July project (including all prior phases) in the past? 13, 2018. Wetlands and streams delineated by S&EC. 4b. If the Corps made the jurisdictional determination, what type of ®Preliminary El Final determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: J Name (if known): Mr. Steven Ball of S&EC Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Town of Apex, NC Stream Buffer Determination Letter (Apex 18-007) dated July 20, 2018. No Action ID was assigned however the USACE site meeting date was July 13, 2018. 5. Project History -------_ -_^- _-- - --- 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown — J this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 10 PCN Form - Version 1.4 January 2009 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑ No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number Permanent Type of impact i Type of wetland Forested Corps (404, 10) or Area of (P) or Temporary (T) (if known) DWQ (401, other) impact I (acres) Impact 1 (T) Sewer line - Headwater Yes Corps 0.0019 Excavation Wetland Impact 2 (T) Sewer line - Headwater Yes Corps 0.0078 Excavation Wetland Choose one Choose One Choose one Yes/No I 2g. Total wetland impacts 0.0097 2h. Comments. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact stream name Perennial Type of jurisdiction I Average stream Impact number Permanentj (PER) or width length (P) or Temporary (T) ( intermittent (feet) (linear (INT)? feet) Impact 3 (T) Sewer line - UT to Beaver PER Corps 16 40 Excavation Creek 3h. Total stream and tributary impacts 40 31. Comments,- omments;4. 4.Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water im acts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact Permanent (P) or (acres) Temporary (T) 01 Choose one Choose One Choose 4f. Total open water impacts 0 4g. Comments: Page 4 of 10 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. j — ——^--- — - 5a. 5b. 5c. 5d Se. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 Choose One P2 Choose One ---- -- 5f. Total -0 ------ --- O-- -----p---�-- 0 -- -O O -- O 5g. Comments: This project does not propose Pond or Lake construction 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres). F I 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a.Project is in which protected basin? ® Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e, 6f. 6g. Buffer impact number - Reason for Buffer mitigation required? Zone 1 impact Zone 2 impact Permanent (P) or impact Stream (square feet) (square feet) Temporary T name UT to Utility Beaver No 4,479 2,277 Impact 3 (P) crossing Creek UT to Utility Beaver No 0 572 Impact 4 (P) crossing Creek 6h. Total buffer impacts 4,479 2,849 6i. Comments: Buffer impacts are Allowable per the Table of Uses. The Town of Apex is a delegated authority for approving riparian buffer impacts. A separate riparian buffer impact approval request will be forwarded to the Town. Page 5 of 10 I D. i Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Lots and roads were designed to exist around the ponds and wetlands on the property to avoid and minimize impacts. Open space was provided around drainages containing jurisdictional streams and buffers. The proposed temporary impacts result from sewer easement which crosses the jurisdictional areas at a perpendicular angle to further minimize impacts. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from runoff. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and temporary basins will also be used to prevent sediment runoff into the stream. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps [] Mitigation bank 2c. If yes, which mitigation option will be used for this [I Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity N/A 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity N/A Type: Choose one Quantity N/A 3c. Comments: N/A 4. Complete if Making a Payment to In -lieu Fee Program f i 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested 0 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: N/A 6. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. I Page 6 of 10 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation { (square feet) (square feet) Zone 1 � 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The diffuse flow plan is part of the Stormwater Management Plan being ❑ Yes ❑ No reviewed by the County. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 31 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No { 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The project requires a Stormwater Management Plan (SMP) which will be reviewed by the Town of Apex. Elements of the SMP include four SCM's on the Site. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Apex 3 Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? I Town of Apex ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other i 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state -implemented stormwater management programs apply [I HOW F] ORW (check all that apply): ❑ Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5 DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form —Version 1.3 December 10, 2008 Version F. Supplementary information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c, If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The development of this site will not increase or decrease the potential for further development in this area. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed project will tie into existing municipal sewer lines located adjacent to the site. Page 9 of 10 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or —� 1❑ Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act El Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. I 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Database (2018) was queried and a report (dated May 31, 2019) was received from NCNHP which identified no recorded federally listed species on the project site or within a 1 -mile radius. 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 takes place in Wake County which is not near any coastal or tidal habitat that 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 i governments have designated as having historic or cultural preservation ® Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? j http-.//gis.ncdcr.gov/hpoweb/ `Records check at the State Historic Preservation Office or the Office of State Archeology was not performed. Per HPOWeb query on May 20, 2019 fifteen recorded historic properties are located within'/ -mile of the Site. One property (WA4782) is located on the Site. The site plan proposes keeping this structure in its current location on proposed lot 70 see attached overall site plan). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center NC Flood Risk Information System DFIRM Panel #0712; Dated February 7, 2007. Sean Clark 05/31/2019 � Applicant/Agent's Printed Name -- �_______—___�—_ --- es— — Applicant/Agent's Signature � Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 Preconstruction Notification Supplemental Pages A. PROPERTY OWNER INFORMATION Table 1— Proverty Information PIN Owner Name Deed Book / Page Site Address Acreage 711790712 LaNVrCnCC1 Ja1ncs L Chalk, 13E / 2219 I0 New I1ill Olive Chapel I 10.95 Katherine L Rd 712603422 Gray, Peggy G. Trustee 013196 / 02465 0 Olive Chapel Rd 28.76 Survivor's Trust A 712608523 Goodwin, Donald G 011692 / 01166 0 Olive Chapel Rd 14.42 Goodwin, Grace 712507514 Bartholomew, Kathy A 004719 / 00164 3417 Olive Chapel Rd 13.79 Bartholomew, John D 712602869 Goodwin, Don G Goodwin, 1 016769 / 02562 3329 Olive Chapel Rd 0.39 Grace E Total 68.31 Page 1 of l SAGE 5 C p L o gl,c4 L, EST,' 2016 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Leeal Representative Name: Address: Q2310 JA, • kk SCC n/ ufl '6'L Phone: Ci1Cl Email: :tDPUJ[2l �-<� �� ��ra �'Iv r� e)AN Project Narne/Description: Sage Project 4 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: Raleigh Re: Wetlands and Streams Related Consulting and Permitting To Whom it May Concern: cc"'Va RA - 1, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. BY:BY: 1 Q GSI E GZSC'- , ' Print Name of Landowner or Signature of Landowner or Legal Representative Legal Representative ON7 ALY))LUIIU/.): WE LAN!!W 4,mb Wap Location I LJ GRAWALLE WARREN FRANKLIN DURHAM WAKE CHATHAM NASHI WILSON JOHNSTON LEE HARNETT WAYNE 77 7.111 LQProject Limits USGS Map Willow Hills Subdivision Sage Project #2019.44 N New Hill, NC Quadrangle USGS Topography, December 2013 May 6, 2019 0 750 1,500 Feet Figure 1 SAGE I Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 maN L.v'-auvll GRANVILLE"J WARREN FRANKLIN ORANGE DURHAM NASH WAKE CHATHAM WILSON JOHNSTON LEE HARNETT WAYNE NRCS Soils Map Willow Hills Subdivision Sage Project #2019.44 N Wake Co. Soil Survey 1976 Sheet # 64b May 6, 2019 Sage Ecological Services, Inc. 0 500 1,000 Office: 919-335-6757 Feet Cell: 919-559-1537 J.B. M Ills House (WA1077) MOP LVleQllVll WARREN GRANVILLE FRANKLIN NGE DURHAM NASH WAKE CHATHAM WILSON JOHNSTON LEE HARNETT WAYNE Goodwin I (WA72a1) (former) New Ruin Tbvern /(WA22 a0) NCSHPO Map Willow Hills Subdivision Sage Project #2019.44 May 20, 2019 0 0.175 0.35 Miles N I KT. Lawrence Farm (wA1 on ) WS. Onve Hous. �(WAtO.B) � L.9. aan d . ilk Project Limits Project Buffer (0.5-mle) Im Determination of Eligiblity Bound ary (DOE) Status *Stud y List Determinalion of Elpibilty (DOE) ❑ Surge yed only, Gone (SO) ❑ IndNidual Study List (SL) ❑ Surveyed Only (SO) Figure 4 SAGEI Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Goodwln House /(WA1079) tle ren<e Go odwln House (WA1079) House fA IIs -Goodwin Olive Cha") / House (Gone) Baptist Church and parsonage �HOO88 �A71B8j WA1080 WA4787 Goodwin store (wA7aao) Olive Cha pelCommunlry (WA7a91) (bus• Olve Chapel (WM7S2) Baptist Church Cemetery (WA10(11) - MOP LVleQllVll WARREN GRANVILLE FRANKLIN NGE DURHAM NASH WAKE CHATHAM WILSON JOHNSTON LEE HARNETT WAYNE Goodwin I (WA72a1) (former) New Ruin Tbvern /(WA22 a0) NCSHPO Map Willow Hills Subdivision Sage Project #2019.44 May 20, 2019 0 0.175 0.35 Miles N I KT. Lawrence Farm (wA1 on ) WS. Onve Hous. �(WAtO.B) � L.9. aan d . ilk Project Limits Project Buffer (0.5-mle) Im Determination of Eligiblity Bound ary (DOE) Status *Stud y List Determinalion of Elpibilty (DOE) ❑ Surge yed only, Gone (SO) ❑ IndNidual Study List (SL) ❑ Surveyed Only (SO) Figure 4 SAGEI Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 PPC, ,en ZOO CAR July 20, 2018 Steven Ball, RF, PWS Soil and Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Subject: Stream Buffer Determination 3417 Olive Chapel Rd Property Cape Fear Watershed —Jordan Lake Watershed Dear Mr. Ball, WATER RESOURCES DEPARTMENT Apex 18-007 On July 20, 2018, James Misciagno went to the subject site to evaluate two (3) drainage features to determine if they are subject to the Town of Apex (Town) riparian buffer rules. Based on the information obtained during the site visit and per the requirements set forth in Section 6.1.11 of the Town Unified Development Ordinance (UDO), I have determined the following riparian buffer widths as summarized in the table below. Drainage Shown as Feature on USES I Shown as on Soil Survey Determination made in the fleid Determined Buffer Width Feature B Not present Intermittent Ephemeral 0 feet Feature C Not present Intermittent Ephemeral 0 feet Feature E Intermittent Perennial Ephemeral 0 feet This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division of Water Resources (DWR) or Delegated Local Authority in the Jordan Lake watershed may request a determination by the DWR Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. Otherwise the appeal procedure will be in accordance with UDO Section 6.1.11. If you dispute the Director's determination, you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice of decision. A petition is considered filed when itis received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official State holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulator Field Office) at (919) 554-4884. If you have any questions, please do not hesitate to contact me at (919) 249-3413. Sincerely, Michael S. Deaton, PE Stormwater & Utility Engineering Manager Attachments TOWN OF APEX The Peak of Good Living PO Box 25o Apex, NC 27502 1 (919) 249-3400 1 Aww.apexnc,org _r f f � _`I t. �. �• ��J�l +.�,r r+r ;_ ., '��-ti.I; Jfy! r s' ( fJt !\ f r � , + r r..V F ..- ti` J � "_ `� +\_ f I�.y.-} �� ;�. \ �^ tr•''., r `` ,�.....-.:1 01 oe Pond 5 "OLIVI CHAPEL'RD Ponds 1/2/3 Pond 4 Af i t .100 /� i' 1 t ' ..—.1`, J^ ..y r ,!- ' r.. i r j.�, �, ' 4 i .• �,a F1,,, 'J- r �`• �'�.,s �-�.' RAGA ; Project Number: Map Title: N 13496.W1 0 1,000 2,000 Project Manager: Figure 1- USGS Map t t i i I i I I I SB 3417 Olive Chapel Road Feet Scale: 1" = 1000' Wake County, NC wom.— A Date: Source: NC USGS soil & Environmental Consultants, PA 4/10/18 New Hill Quad I ■ -■■■ i i ;_■■. ■ NC. f)rPAPTMr7,471 OF i 1 h■r■ NATUi Ai AND C' t;L7U 1AL PFS0UPCC , 1 i 3 May 31, 2019 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Willow Hills Subdivision; 2019.44 Dear Sean Clark: U,rectcr. Land and' 'L.,tF.' bte vard�;nir: NCNHDE-9146 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: lamps://www fws gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.but lera)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Willow Hills Subdivision Project No. 2019.44 May 31, 2019 NCNHDE-9146 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name Owner Owner Type B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at ;. t, Data query generated on May 31, 2019; source: NCNHP, Q2 Apr 2019 Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Willow Hills Subdivision Project No. 2019.44 May 31, 2019 NCNHDE-9146 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Animal 32167 Waterbird Colony --- 2009-04-21 BC 3 -Medium --- --- GNR S3 Assemblage Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004 -Pre H? 5 -Very --- Significantly G5 S2? Damselfly Low Rare Natural 31606 Floodplain Pool --- 2012 B? 2 -High --- --- G3 S2 Community Natural 29961 Mesic Mixed Hardwood--- 2013 C 2 -High --- --- G3G4 S4 Community Forest (Piedmont Subtype) Natural 29962 Piedmont Alluvial --- 2013 C 2 -High --- --- G4 S4 Community Forest Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Collective Rating Beaver Creek Floodplain R5 (General) C5 (General) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal Wake County Open Space Wake County: multiple local government Local Government Wake County Open Space Wake County Local Government Wake County Open Space Easement Wake County: multiple local government Local Government Grasslands Reserve Program Easement US Department of Agriculture, Natural Federal Resources Conservation Service Beaver Creek Floodplain Registered Heritage Area US Army Corps of Engineers Federal Definitions and an explanation of status designations and codes can be found at 1 1 t ,t: r; p. Data query generated on May 31, 2019; source: NCNHP, 02 Apr 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. 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