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HomeMy WebLinkAbout20190723 Ver 1_Updated-Revised 5-17-2019_20190711ffi Steven Ball, RF, PWS Soil and Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Subject: Dear Mr. Ball, May 17, 2019 Stream Buffer Determination 3417 Olive Chapel Rd Property Cape Fear Watershed —Jordan Lake Watershed WATER RESOURCES DEPARTMENT Apex 18-007 On July 20, 2018, James Misciagno went to the subject site to evaluate 3 drainage features and later on May 17, 2019 to evaluate 4 additional drainage features to determine if they were subject to the Town of Apex (Town) riparian buffer rules. Based on the information obtained during the site visit and per the requirements set forth in Section 6.1.11 of the Town Unified Development Ordinance (LIDO), I have determined the following riparian buffer widths as summarized in the table below. Drainage Shown as Shown as on Determination made Determined Buffer Feature on USGS Soil Survey in the field Width Feature B Not present Intermittent Ephemeral 0feet Feature C Not present Intermittent Ephemeral 0 feet Feature E Intermittent Perennial Ephemeral 0 feet Feature F* Not present Intermittent Ephemeral 0 feet Feature D* Not present Intermittent Ephemeral 0 feet Feature A* NW of pond Intermittent Perennial Intermittent 50 feet 4 Feature A* SE of pond Intermittent Perennial Intermittent 50 feet 4 *Features F, D, A (NW) and A (SE) were called on May 17, 2019 and added to the original packet. Ponds 1, 2, 3 and 4 are jurisdictional with a 50' buffer NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWn Stream Identification Form Versinn 4-11 Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points: Stream Determination (circle one) Other Stream is at least Intermittent Ephemeral Intermittent Perennial e.g. Quad Name: ifz! 19 or erennial if z 30" 2 3 A. Geomorphology Subtotal =______) Absent Weak Moderate Strong la. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ri le- ool se uence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 - aniticiai ditches are not rated; see discussions in manual R. Hvdrnlnnv (Suhtntal = 1 12. Presence of Basellow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? 0 No = 0 Yes = 3 1.5 C. Bioloav (Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 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 LIDO Section 6.1.11. If you dispute the Director's determination, you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official State holidays. To request a 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 forthe 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, A0(rcz=�_ Michael S. Deaton, PE Stormwater & Utility Engineering Manager Attachments TOWN OF APEX The Peak of Good Living PO Box ago Apex, NC z75o2 1 (919) a49 -340 o I www.apexnc.org PPEx Application Riparian Buffer Call o 'Pry �ARo This application Is required to be fully completed and submitted to Town staffprior to conducting a buffer call. Please submit the application package electronically to michael.deatortMaoexncora. PROPERTY INFORMATION Owner(s): ` 14 Site Address: Watershed (Cape Fear or Neuse): CONSULTANT INFORMATION (If applicable) / I / Name �J 0Ql / 0 /i {�l�Li'. / �9 V! �t,r (d--� tl "S /� Address: U 1G/ / � )—Pr! /l� 0��/� y.Gc. CG 9-/ 7 7 � �I / , Email: �Jtq�� 4,d Vl�tleG• cot.\ Phone: ql/c( etl& 0C REQUIRED INFORMATION Please place a checkmark in the spaces provided below to indicate that the required information has been provided with this submittal. Right of Entry Form rb Topo Map (most recent version) 6 1970 Wake County Soil Survey Map Photos NCDEQ Stream Identification Forms % Sketch Map b Latitude / Longitude NOTES / Pe.rr� 4TH ao7i SIGNATURE (Consultant or Responsible Party) By mysignat elow, afy that the ipfor .an provided with this application is accurate and truthful. / Date: C� Town of Apex W ater Resources Department Revised 9/26/2018 NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWO Stream Identification Form Version 4.11 Date: !j q ( Project/Site: Latitude: Evaluator: County: Longitude: Total Points: Stream Determ' ' imle one) Other Stream is at least intermittent 2(, ,•L� Ephemeralentermittent erennlal e.g. quad Name: Ha 19 or erennla/1fe 30" 1 2 A. Geomorphology Subtotal = Absent FWeak Moderate Strong 18Continuity of channel bed and bank 0 2 3 2. Sinuosity of channel along thalweg 0 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ri le- ool se uence 1 2 3 4. Particle size of stream substrate 01 2 3 5. Active/relict floodplain 0 1 1 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 0 2 3 8. Headcuts 1 2 3 9. Grade control 0 1 1.5 10. Natural valley 0 1 1.5 11. Second or greater order channel No =j10 Yes = 3 -andiciai oncnes are not rated; see discussions in manual B. Hvdroloov (Subtotal = q ) 12. Presence of Baseflow 0 1 2 1 3 13. Iron oxidizing bacteria 0 1 3 14. Leaf litter 1.5 .5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 1 1.5 17. Soil -based evidence of high water table? No = 0 Ye - 3 C. Biology (Subtotal= 14 "ti 1 18. Fibrous roots in streambed 3 2 0 0 19. Rooted upland plants in streambed 3 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0.5 111 1.5 26. Wetland plants in streambed I FACW = 0.75; OBL = Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 N(' nWn Stream Ulenti£entinn Fnrm Vereinn 4.11 Date: q Project/Site: Latitude: Evaluator: County: Longitude: Total Points: / Stream Determin ' n (circle one Other Streams at least Intermittent 23•h Ephemeral tPerennial e.g. Quad Name: Ila 19 or erennlal fra 30` 2 3 A. Geomorphology Subtotal = Absent Weak Moderate Strong I" Continuity of channel bed and bank 0 1 0.5 0 3 2. Sinuosity of channel along thalweg 0 16. Organic debris lines or piles 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 Q 2 3 4. Particle size of stream substrate 0 1 1 3 5. Activetrelict floodplain 0 0.5 2 3 6. Depositional bars or benches 0 0.5 2 3 7. Recent alluvial deposits 0 0.5 2 3 8. Headcuts 0 1 3 9. Grade control 00 1 1.5 10. Natural valley 0 0.5 1.5 11. Second or greater order channel No Yes = 3 araticial aacnes are not rated; seeons in manual R I -Iv 1-1-, M.,hfn}ni= discu Bi1 12. Presence of Baseflow 0 1 3 13. Iron oxidizing bacteria 0 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 0 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Ye - 18. Fibrous roots in streambed 3 1 0 19. Rooted upland plants in streambed 3 1 0 20. Macrobenthos (note diversity and abundance) A 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1 1.5 26. Wetland plants in streambed FACW=0.75; OBL= 1.5 Other - `perennial streams may also be Identified using other methods. See p. 35 of manual. Notes: Sketch: 41 Envitronrnental Consultants, 8412 tons of Ncuse Anna, Suiic IDJ, Itnlcigh, NC 27(15.1'hoac: (?I!>) Rd( s0116 •Fax: (919) aar,AJG7 PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION Project Name/Description: 3417 Olive Chapel Road Property Date: The Department ofthe Artny U.S. Almy Corps of Engineers, Wilmington 69 Darlington Avenue Wilmington, NC 28403 District Attn: dames C. t.astinger Field Office; Raleigh Regulatory Field Office S&EC Project # 13496. W1 I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S, Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certlficatio n and any and all associated standard and special cond itions,This notiflcation supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for (lability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. Yous ou call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Numbers) (PIN): 0712.60-3422 Site Address: 0 Olive Chapel Read City, Comity, State: Apex, Wake, NC PROPERTY OWNER INFORMATION: Name: Peggy Gray (Trustee), Dan Gray, and Lisa Bateman Mailing Address: 647 Aiken Parkway, Fuquay-Vagina NC Telephone Number: (919)552-2680 Date Property Owner Signature We hereby certify the above information submitted in this appilcatlon is true and accurate to the best of our knowledge. RIGHT OF 1;NTRY AGREEMENT [ hereby give permission to Toll Brothers, Inc., its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and malting such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property, This Right of Entry does not grant permission to enter any buildings or structures. The right of entry granted hereunder shall appty to my properly located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 25.7 ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOK 16769 AT PAGE 2562 OF THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #0712-60- 3422 LOCATED IN WHITE OAK TOWNSHIP, WAKE COUNTY, NORTH CAROLINA. THE PURPOSE OF THIS RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS. Record Owner: Pegg Gray (Trustee). Dau Gray, and Lisa Bateman Address: 647 Aileen Parkwav Fucivav-Varina, NC 27526 Phone#: (919) 552-2680 Date:_ Wl%/t'g BY. ba1.1 C4't�ai p (Printed Owner Name) SIGN; A—.. /r'(. i(, (Owner) RIGHT OF ENTRY AGREEMENT I hereby give permission to Toll Brothers Inc., its employees, agents, contractors, and subcontractors to enter the property described Uelow for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and making such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of Entry does not grant permission to enter any buildings or structures. The right of entry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 13.8 ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOK 11692 AT PAGE 1166 E THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #0712 5L , 7514 LOCATED IN WHITE OAK TOWNSHIP, WAKE COUNTYNORTH CAROLINA. THE PURPOSE OF THIS RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE BUFFER DETERMINATIONS. LISTED TASKS IATIONS. IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM Record Owner: John and Kathv Bartholomew Address: 3417 Olive Chapel Road Apex, NC 27502-6794 Phone#: 1919)740-4944 Date: BY: (Printed Owner Natne) (Owner) >oil oL Environmental Consultants, PA as 12 1 ails of \tush Rfmd, Suit IIr-1, RaltiRh, Nc 27615 • Phone: (919) &16-;9)W • FIX (9191 846 -9467 .AMIAl c.•oo, PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: 3417 Olive Chapel Road Property Date: The Department of the Army U.S. Arany Corps of Engineers, Wilmington District 69 Darlington Avenue Witmington,NC 28403 Atm; James C. t.astinger Field Office: Raleigh Regulatory Field Office S&EC Project # 13496. W 1 i, the undersigned, a duly authorized owner of record of the properly/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S, subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899• This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project, NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Numbers) (PIN): 0712-50-7514 Site Address: 3417 Olive Chapel Road City, County, State: Apex, Wake, NC PROPERTY OWNER TNFORMATION: Name: John and Ke Mailing Address: 3417 Olive Chapel ILoad, Apex; NC 27502 Telephone Number: 919) 740-4944 o[nh i k ,r cwnJJAD�DC1 GkC (9 Pro erly Oner (please print) A n �j Date WeKiereby certify the above information submitted in this application is true and accurate to the best of our knowledge, RIGHT OF ENTRY AGREEMENT I hereby give permission to Toll Brothers, Inc„ its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and malting such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of Entry does not grant permission to enter any buildings or structures. The right of entry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 8.7 ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOK AT PAGE _ OF THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #0711-79-0712 LOCATED IN TE 0 TOWNSHIPWAKE COUNTYNORTH CAROLINAt THE PURPOSE OF THIS IRIGHT OENTRY IS THE PERFORMANCE OF THE ABOVE ISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS. Record Owner: James Lawrence and Katherine Challc Address: 1502 Chin Shot Drive Morehead City, NC 28557-4918 Phone#: (252)726-4154 fPrmted Owner Name) Environmental Consultants, x012 f'nlls of \nose lioad, Suite 104, Raleigh, NC 27615 • Phone: (9 1)) 806 S9W • Pns: (919) Rol 9 067 sandec.eom PROPERTY OWNER CERTIFICATION /AGENT 13496.W1 AUTHORIZATION Project Name/Description: 3417 Olive Chapel Road Property S&ECProject# Date: (o- ZIA1 \211 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: James C. Lastinger Field Office: Raleigh Regulatory Field Office I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S, subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: 0711 79 0712 Parce! Index Numbex(s) (PIlV): Site Address: 0 New Hill Olive Chapel Road City, County, State: Apex, Wake, NC PROPERTY OWNER INFORMATION: Name: lames Lawrence and Katherine Chalk Mailing Address: 1502 Chip Shot Drive, Mo Telephone Number: (252) 726-4154 Date Property We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Environmental Consultants, R412 Pnlle of Nivse nond, Suite t04, Raleigh, NC 27(15 � Phone: (919) a4G-5900 aandcc.coin PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION Project Name/Description: 3417 Olive Chapel Road Property S&EC Project # 13496.W1 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: James C. Lastinger Field Office: Raleigh Regulatory Field Office I, the undersigned, a duly authorized owner of record of the properly/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Numbers) (PIN): 0711-79-0712 Site Address: 0 New Hill Olive Chapel Road City, County, State: Apex, Wake, NC PROPERTY OWNER INFORMATION: Name: James Lawrence and Katherine Chalk Mailing Address: 1502 Chip Shot Drive, Morehead City NC 28557-4918 Telep h one Number: (252) 726-4154 I�FkklW w l . ( Ina AL, , (I Property Owner (please print) Date Property Owner We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. RIGHT OF ENTRY AGREEMENT I hereby give permission to Toll Brothers. Inc., its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and malting such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of Entry does not grant permission to enter any buildings or structures. The right of entry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 8.7 ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOK AT PAGE OF THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #071149-0712 LOCATED IN WHITE OAK TOWNSHIP, WAKE COUNTY, NORTH CAROLINA, THE PURPOSE OF THIS RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS. Record Ownet•: James Lawrence and Katherine Chalk Address: 1502 Chip Shot Drive Morehead City. NC 285574918 Phone#: (252)726=4154 Date: (�'a t�AC2 BY: t(1C,1/lX1B lX1GU44 (Printed Owner Name) (Owner) 44 44 A L All Al. JAI VIVA ` "� .% , _ ,, -„� A Fill AWA, A -, r A +f i 1 .(I ! / 54 {r `t. :w(]l: ti 1 ,,1`Y _ { •+.! . /l eA .%Pon '� t ; i i A.l dirw^5` Vr 41 A. Aid 00Y CHA wn Ail k_JJ I _ Itis ..4a� r�ro l..\. JI J! ,' , IA Al E�•� n Oil` All ( / _ rk rJ It I, , - le .I Pond 4 ” A 9F 4 i`k�l l A �� r r , 1 n1y+`��"4: Ire %All VAVVV WW �� rr r % % �� 1 •1 i _-, —fir I' y Sop ; .. t �. , �' t ,' �° Beaver Cr 0A I 1 I, •\ ' it NAF V, Lizj air iJr I/ VIA At `' i i k s _ RAGAIlVN i,>I of r� �ti Project Number: Map Title: N 13496.W1 0 11000 z,000 Project Manager: Figure 1- USGS Map I i i i I i i i I SB 3417 Olive Chapel Road Feet Scale: Wake County, INC 1 " = 1000' Source: NC USGS Soil at En Consultants, PA Date: .s t 104.R,l.,11V.,0:(9l9).44.�.r..:r9�9��„�. IM 4/10/18 New Hill Quad w °^' July 20, 2018 Steven Ball, RF, PWS Soil and Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 WATER RESOURCES DEPARTMENT Subject: Stream Buffer Determination Apex 18-007 3417 Olive Chapel Rd Property Cape Fear Watershed —Jordan Lake Watershed Dear Mr. Ball, 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 Shown as on Determination made Determined Buffer Feature on USGS Soil Survey in the field 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 LIDO Section 6.1.11. If you dispute the Director's determination, you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official State holidays. To request a 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, A04L . Michael S. Deaton, PE Stormwater & Utility Engineering Manager Attachments TOWN OF APEX The Pealc of Good Living P0 Box 25o Apex, NC 27502 1 (919) 249-3400 1 www.apexnc.org 7,l -t _ r +41 it IF 1� r _ J ®� T 3 .>" �d It I am CL It 4 ® 3 r a .• �— �`. All iLegend ^o Ephemeral Drainage 0%� Jurisdictional Linear Weiland Pond Potential 5V Tmn of Apex Bufferi Jurisdictional Weiland Map `11116: Post USACE Wettand Sketch Map S RLF^ ad R11e 3417 Olive Chapel Ro EC `(Y RIGHT OF ENTRY AGREEMENT I hereby give permission to Toll Brothers, Inc,, its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and making such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property, This Right of Entry does not grant permission to enter any buildings or structures. The right of entry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 13.8 ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOK 11692 AT PAGE 1166 OF THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #0712-50- 7514 LOCATED IN WHITE OAK TOWNSHIP, WAKE COUNTY, NORTH CAROLINA, THE PURPOSE OF THIS RIGHT OF ENTRY 1S THE PERFORMANCE OF THE ABOVE. LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS, Record Owner: John and Kathv Bartholomew Address: 3417 Olive Chapel Road Apex. NC 27502-6794 Phone#: (919)740-4944 Date: ".-- BY: (Printed Owner Name) poll *-k environmental Consultants, 3� 12 Road, Sun. 1(11, R.Jrigh, NC 2701 i * Phrmc: (919) 846.'"(91 o Fam= {919) +.mdre..nm PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION Project Name/Description: 3417 Olive Chapel Road Property Date: The Department of the Anny U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: James C. Lastinger Field Office: Raleigh Regulatory Field Office S&EC Project # 13496. W 1 I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U,S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899, This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE; This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION• Parcel Index Numbers} (PIN): 0712-50-7314 Site Address: 3417 Olive Chapet Road City, Corl State: Apex, Wake, NC PROPERTY OWNER INFORMATION: Name: John and Kathy Bartholomew Mailing Address: 3417 Olive Chapel Road, Apex, NC 27502 Telephone Number: (919) 740-4944 r� Pro erty Oer (please print) Date We`�ereby certify the above information submitted in this application (s true and accurate to the best of our knowledge. Enviironrnental Consultants, 4412 I'nIL, of Ncuse Read, Seim 104, ILdcipl,, aa,da,.uom PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION ProjectName/Description: 3417 Olive Chapel Road Property S&EC project #13496.W1 Date: The Depmiment of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: James C. t.astinger Field Office: Raleigh Regulatory Field Office I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and Issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE; This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the properly when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Numbers) (PIN): 0712.60-3422 Site Address: 0 Olive Chapel Road City, County, State: Apex, Wake, NC PROPERTY OWNER INFORMATION: Name: reggy "ray Mailing Address: G Telephone Number: ,Owner (pleas print) Date PropelTy Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, RIGHT Or ENTRY AGREEMENT I hereby Wive permission to Toll Brothers. Inc., its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and malting such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of Entry does not grant permission to enter any buildings or structures. The right of enhry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 25.7 ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOI{ 16769 AT PAGE 2562 OF THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #0712-60- 3422 LOCATED IN WHITE OAI{ TOWNSHIP, WAKE COUNTY, NORTH CAROLINA, THE PURPOSE OF THIS RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS, Record Owner: Peggy Grav (Trustee, ,Dau Gray, and Lisa Bateman Address: 647 Aileen Parkway Fuguay-Varina, NC 27526 Phone#: (919)552-2680 Date: Cpl %I is BY: I,.)0.1V �gya,V (Printed Owner Name) SIGN: (Owner) RIGHT OF ENTRY AGREEMENT 1 hereby give permission to Toll Brothers. Inc., its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and malting such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of Entry does not grant permission to enter any buildings or structures. The right of entry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 8_7 ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOK AT PAGE OF THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #0711-79-0712 LOCATED IN WHITE OAK TOWNSHIP, WAKE COUNTY, NORTH CAROLINA, THE PURPOSE OF THIS RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS. Record Owner: James Lawrence and Katherine Chalk Address: 1502 Chip Shot Drive Morehead Citv NC 28557-4918 Phone#: (252)726-4154 (Printed Owner Name) Environmental Consultants, H41° Fall, of Nouse Road, ti it, Raleigh, aandec.umt PROPERTY OWNER CERTIFICATION / AGENT #13496.W1 AUTHORIZATION Project Name/Description: Date: ZL -\ � 3417 Olive Chapel Road Property S&EC Project The Deparhnent of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: James C. Lastinger Field Office: Raleigh Regulatory Field Office I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: 071 t -79-0712 Parcel. Index Numbers) (PIN): Site Address: 0 New Hill Olive Chapel Road City, County, State: Apex, Wake, NC PROPERTY OWNER INFORMATION: Name: James Lawrence and Katherine Chalk Mailing Address: 1502 Chip Shot Drive; Mo Telephone Number: (252) 726-4154 Property Owner (pl�as�e print) Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Environmental Consultants, 8412 fnlLr nr Neme Ruud, Suite Ino, Rnleig6, NC27! IS s:uxlcucom PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION Project Name/Description; 3417 Olive Chapel Road Property Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: dames C. Lastinger Field Office: Raleigh Regulatory Field Office S&EC Project # 13496. W 1 I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. Yous ou call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Nurnber(s) (PIN): 0711-79-0712 Site Address: 0 New Hill Olive Chapel Road City, County, State: Apex, Wake, NC PROPERTY OWNER INFORMATION: Name: James Lawrence and Katherine Chalk Mailing Address: 1502 Chip Shot Drive, Morehead City NC 28557-4918 ____-- Telephone Number: (252)726-4154 Property Owner (please print) Date Property Owner We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. RIGHT OP' );NTRY AGR)J1;1VL>JNT I hereby give permission to Toll Brothers, Inc., its employees, agents, contractors, and subcontractors to enter the property described below for the purpose of conducting inspections with respect to the condition of the property as deemed necessary and desirable by the Town of Apex and making such surveys, engineering, topographical, geological, and other tests and measurements, and examinations, as well as the performance of an environmental audit of the property. This Right of Entry does not grant permission to enter any buildings or structures. The tight of entry granted hereunder shall apply to my property located at, or more particularly described as follows: THAT CERTAIN TRACT OF LAND CONTAINING 8.7 ACRES MORE OR LESS AND FOUND RECORDED IN DEED BOOK AT PAGE OF THE WAKE COUNTY REGISTRY AND FURTHER IDENTIFIED AS TAX PIN #0711-79-0712 LOCATED IN WHITE OAK TOWNSHIP, WAKE COUNTY, NORTH CAROLINA, THE PURPOSE OF THIS RIGHT OF ENTRY IS THE PERFORMANCE OF THE ABOVE LISTED TASKS IN CONJUNCTION WITH THE POSSIBLE WETLAND AND STREAM BUFFER DETERMINATIONS. Record Owner: James Lawrence and Katherine Chalk Address: 1502 Chip Shot Drive Morehead City, NC 285574918 Phone#: (252)726-4154 Date: BY: A U(*)e I YXLI � (Printed Owner Name) (Owner) CO NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Oriains v. 4.11 NC DWO Stream Identification Form Version 4.11 Date: G Absent Project/Site: �%j Latitude: Evaluator: 1' Continuity of channel bed and bank County: oc Longitude: Total Points: 3 Stream Determination (circle one) Other Stream is at least intermittent S Ephemeral Intermittent Perennial e.g. Quad Name: If is 19 or perennial if> 30" r 2 3 A. Geomorphology (Subtotal = ,lam`' Absent Weak Moderate Strong 1' Continuity of channel bed and bank 0 0 0. 1 1.5 2 3 2. Sinuosity of channel along thalweg 0 21. Aquatic Mollusks 2 3 3. In -channel structure: ex. dffle-pool, step -pool, ri le- ool se uence 0 �1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1.5 2 3 6. Depositional bars or benches 0 26. Wetland plants in streambed 2 3 7. Recent alluvial deposits 0 m 2 3 B. Headcuts 1 2 3 9. Grade control 0.5 1 1.5 10. Natural valley 0 cog> 1 1.5 11. Second or greater order channel No G> Yes = 3 -artaiclal oitcnes are not rated; see mscussions in manual B_ Hvdroloov (Subtotal = / 1 12. Presence of Baseflow 06 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 0. 1 1.5 16. Organic debris lines or piles 0 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes C. Bioloav (Subtotal = 1!L ) 18. Fibrous roots in streambed 3 2 0 0 19. Rooted upland plants in streambed 3 2 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22, Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = -perennial streams may also be Identified using other methods. See p. 35 of manual. Notes: Sketch: NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC nW(1 Strenm Ulentit5ention Form Version 4.11 Date: rp ( Project/Site: Latitude: Evaluator: ID M County: ee Longitude: Total Points: Str termination (circle one) Other Stream is at least Intermittent he ra Intermittent Perennial e.g. quad Name: if>_t9 or erennial if>_30. 2 3 A. Geomorphology Subtotal = Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 14. Leaf litter 3 2. Sinuosity of channel along thalweg 0 Cl) 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ri le- ool se uence 16. Organic debris lines or piles 1 2 3 4. Panicle size of stream substrate 0 Yes 2 3 5. Active/relict Floodplain 0 0.5 2 3 6. Depositional bars or benches 0 0.5 2 3 7. Recent alluvial deposits 0 A 2 3 8. Headcuts 0 FACW = 0.75; OBL = 1.5 Other = 0 2 3 9. Grade control0 1 1.5 10. Natural valley 0 1 1.5 11. Second or greater order channel No Yes = 3 -anmclal rstcnes are not rated; see alscusslons In manual R P ... rnlnn , rC'ihTntnl = �. 1 12. Presence of Baseflow 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes 1 r I 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 1 0 20. Macrobenthos (note diversity and abundance) 40 1 2 3 21. Aquatic Mollusks 09 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0.5 1 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be Identified using other methods. See p. 35 of manual. Notes: Sketch: PNC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC nWC1 Stream identifiratian Fnrm Version 4.11 Date: 06 Absent Project/Site: a Latitude: Evaluator: 1a Continuity of channel bed and bank County: j, 4k�� Longitude: Total Points: 3 St Determination (circle one) Other Stream is at least intermittent r1 C1 o hem I Intermittent Perennial e.g. Quad Name: if z 19 or enennlal if i 30' r 2 3 A. Geomorphology (Subtotal= y Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1.5 1 2 3 2. Sinuosity of channel along thalweg 0 t73 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ri le- ool se uence 0 Yes = 3 2 3 4. Particle size of stream substrate 0 0.5 2 3 5. Active/relict floodplain 0 0.5 2 3 6. Depositional bars or benches 0 OD2 1 3 7. Recent alluvial deposits 4) 1 2 3 8. Headcuts I FACW = 0.75; OBL = 1.5 Other =(1 2 3 9. Grade control 0 1 1.5 10. Natural valley 0 0.5 1.5 11. Second or greater order channel No Yes = 3 ' artificial ditches are not rated; see discussions In manual B. Hvdroloov (Suhtotal = i ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 1 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 1 1.5 17. Soil -based evidence of high water table? No =07 Yes = 3 �J�_ 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 2 0 20. Macrobenthos (note diversity and abundance) ee 1 2 3 21. Aquatic Mollusks Q 1 2 3 22. Fish 43 0.5 1 1.5 23. Crayfish m 0.5 1 1.5 24. Amphibians ® 0.5 1 1.5 25. Algae 4) 0.5 1 1 1 1.5 26. Wetland plants in streembed I FACW = 0.75; OBL = 1.5 Other =(1 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: