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HomeMy WebLinkAbout20191008 Ver 1_401 Application_20190726oCCRg C� JUL262019:� 01 & SuFFFR July 26, 2019 0 8 US Army Corps of Engineers Raleigh Regulatory Office Attn Mr. Andrew Williams 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC Division of Water Resources 401 & Buffer Permitting Unit Attm Ms. Karen Higgins 512 N. Salisbury Street Raleigh, NC 27604 Re: Hillcrest Subdivision (Formerly O'Neal Property) Request for NWP 29 & GC 4139 and Tar -Pamlico Buffer Authorization Sage Project # 2018.53 On behalf of Ms. Mary O'Neal (applicant and owner) please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) and North Carolina Division of Water Resources (NCDWR) that the impacts associated with the activities described herein may proceed under Nationwide Permit (NWP) 29 and General Certification (GC) 4139. A Tar -Pamlico Buffer Authorization is also requested. Project Summary and Purpose The proposed project includes the construction of a residential subdivision with associated roads and utilities which will connect to existing adjacent infrastructure in the area. The +/- 73.94 -acre project is located approximately 700 feet east of the Cedar Creek Road and Hill Road intersection in Franklinton, Franklin County, NC. Franklin County lists the eastern parcel PIN as 1863-64- 8819. The approximate center of the property is located at Latitude: 36.0425510 N; Longitude: 78.4358580 W. The purpose of the proposed project is to construct a residential subdivision and associated utilities to meet the demand for housing in this part of Franklin County, NC. Project Detail The overall project consists of a single-family residential subdivision with 195 -detached residential lots. Access to the subdivision will be off of Cedar Creek Road with several cul-de-sacs branching from the main subdivision road. Two Stormwater Control Devices (SCM)'s will be located in the western portion of the site. Proposed impacts from road construction, culverting, and lot fill will result in temporary and permanent impacts to streams, wetlands, and buffers. Utilities for the proposed project will connect to existing utility lines adjacent to the proposed project boundaries. Heavy equipment typically used for utility installation projects (e.g. back hoes, bull -dozers, etc.) will be utilized. 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 (September 2018). See attached July 25, 2019 letter from NHP. The dwarf wedgemussel is known to exist within Cedar Creek which the site drains to. The stream being impacted is intermittent and does not contain suitable habitat within the impact area. .. j 1 No historic structures or districts are located on the Site. Project History Portions of the site have been forested or in agriculture since sometime prior to the earliest reviewed orthophotography (1994). It is likely that in the past it was utilized for agricultural purposes. Sage staff completed a wetland and stream evaluation and delineation in 2018. A jurisdictional field determination was held on November 30, 2018 with Mr. Andrew Williams (Corps) and Mr. David Gainey of Sage Ecological. A buffer verification was held with Mr. Ray Milosh of NCDWR and Mr. David Gainey of Sage Ecological on October 16, 2018. Avoidance and Minimization Proposed roads were aligned to cross the drainage at a perpendicular angle so as to minimize impacts to streams to the maximum extent practicable. Lots were positioned so as to avoid lot fill in streams. Approximately 70 linear tributary feet (Tributary C and D) were avoided due to design considerations. Open space was provided around drainages containing jurisdictional streams and buffers. Wing walls were designed at the road crossing to reduce impacts to the stream and associated riparian buffers. 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. Project Impacts The project will incur both permanent and temporary impacts to streams and riparian buffers as well as permanent impacts to a linear wetland. Stream impacts will result from dewatering, road construction, and culverting activities. Proposed permanent intermittent stream impacts total 131 Linear Feet (LF) as a result of culverting. Proposed temporary intermittent stream impacts total 26 LF as a result of dewatering activities associated with the road construction. Impacts resulting from road fill will permanently impact 0.002 acres of a linear riparian wetland. The Project is located within the Tar -Pamlico River Basin. Permanent buffer impacts proposed for the project include 4,786 Square Feet (ft2) in Zone 1 and 4,883 ft2 in Zone 2 resulting from the road construction. The road construction will also require temporary impacts of 1,392 ft2 in Zone 1 and 1,613 ft2 in Zone 2. Zone 2 impacts resulting from a sewer line installation will total 509 ft2. Grading and revegetation associated with lot construction will total 1,539 ft2 in Zone 2. Overall riparian buffer impacts total 6,178 ft2 in Zone 1, and 8,035 in Zone 2. Mitigation Permanent stream impacts are less than 150 LF, and wetland impacts are significantly less than 0.10 -acre, therefore, no mitigation is proposed. 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, PWS Sage Ecological Services, Inc. Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2 -Soil Survey Site Vicinity Map NCDWR Buffer Determination Letter PJ D NCNHP Report Impact Maps Check for $570.00 for 4017processing application fee (NCDWR only) Office Use Only: Corps action ID no. SAW -2016- 01126 DWQ project no. A. Pre -Construction Notification (PCN) Form Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. 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. 1f. Is this notification solely for the record For the record only for DWQ because written approval is not required? 401 Certification: ❑ Yes ® No 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. For the record only for Corps Permit: ❑ Yes ® No ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Hillcrest Subdivision (formerly O'Neal Property) 2b. County: Franklin County 2c. Nearest municipality / town: Youngsville 2d. Subdivision name: Hillcrest Subdivision 2e. NCDOT only, T.I.P. or state project no: NIA 3. Owner Information 3a. Name(s) on Recorded Deed: Mary O'Neal 3b. Deed Book and Page No. MB 1; PG 140 3c. Responsible Party (for LLC if applicable): Wayne Choplin 3d. Street address: 12225 O'Neal Road 3e. City, state, zip: Wake Forest, NC 27587 3f. Telephone no.: 919-426-1795 3g. Fax no.: 3h. Email address: wchoplin@yahoo.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: 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: ;cark ,sagpernEan�cat corn Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1863-64.-88:1;9 1 b. Site coordinates (in decimal degrees): Latitude: 36.042258°N Longitude: 78.436307°W 1 c. Property size: +/- 73.94 acres 2. Surface Waters 2a. Name of nearest body of water to .proposed project: UT to Cedar Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Tar River Basin (HUC 03020101) 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. Portions of the site have previously been forested or in agriculture since sometime prior to the earliest reviewed orthophotography (1994). It is likely that in the past it was utilized for agricultural purposes. 3b. List the total estimated acreage of all existing wetlands on the property: +/-0.002 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/-1,360 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivision and associated utilities to meet the demand for housing in this area. 3e. Describe the overall project in detail, including, the type of equipment to be used: The overall project consists of a single-family residential subdivision with 195 -detached residential lots with access off of Cedar Creek Road and several stormwater outfalls. The proposed subdivision will contain several cul-de-sacs located off of the main road. To treat stormwater, two Stormwater Control Devices (SCM)'s will be located in the eastern portion of the site. Proposed impacts from road construction and associated culverting will result in temporary and permanent impacts to streams, wetlands, and buffers. Utilities for the proposed project will connect to existing utility lines adjacent to the proposed project boundaries. Heavy equipment typically used for utility installation projects (e.g. back hoes, bull- dozers, etc.) will be utilized. 4. Jurisdictional Determinations Yes ❑ No ❑ Unknown 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Comments: A field determination was held on November project (including all prior phases) in the past? 30, 2018 with Mr. Andrew Williams (Corps) and Mr. David Gainey of Sage Ecological. 4b. If the Corps made the jurisdictional determination, what type ❑ preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company. Sage Ecological Services, Inc,. Name (if known): David Gainey and Sean Clark Other; 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A buffer verification was held with Mr. Ray Milosh of NCDWR and Mr. David Gainey of Sage Ecological on October 16, 2018. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑(es ® No ❑ Unknown 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 Type of impact Type of wetland Forested . Corps (404, 10) or Area of Permanent (P) or (if known) DWQ (401, other) impact Temporary (T) (acres) 1-P Fill Riparian Yes 404 ` 0.002 - Choose One Choose one Yes/No - 2g Total wetland impacts 0.002 2h. Comments: Impacts do not exceed 0.10 acres. 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 Average stream Impact number (PER) or width length Permanent (P) or intermittent (feet) (linear Temporary (T) (INT)? feet) 1-P Road fill/Culvert UTCreekto Cedar INT both 2-4' 131 1-T Dewatering UT to Cedar Creek INT both 5-8' 26 3.h. Total stream and tributary impacts 157 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number _ waterbody, . Type of impact Waterbody type Area of impact Permanent (P) or (if applicable) (acres) Temporary T 01 Choose one Choose One Choose 4f. Total open water impacts 0 4g. Comments: There are no open waters with proposed impacts within the project boundaries. Page 4 of 10 5. Pond or Lake Construction If pond or lake construction proposed", then complete the chart below. 5a. 5b. 5c. 5d. 5e. 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 0 0 0 0 0 0 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): 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 name 1-P Sewer UT to Cedar No 0 509 (sewer) easement Creek 1-P Road UT to (Road) construction Cedar No 4,786 4,374 Creek 1-T Road UT to (Road) construction Cedar No 1,392 1,613 Creek Lot Fill l UT (Lot Fill/Grading) Grading C dar No 0 1,539 Creek 6h. Total buffer impacts 6,178 8,035 6i. Comments: Proposed buffer impacts are considered "allowable" in the table of uses. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Proposed roads were aligned so as to avoid impacts to streams to the maximum extent practicable. Lots were positioned so as to avoid lot fill in streams and wetlands. Retaining walls will be constructed to avoid lot fill impacts to the riparian buffers. Wing walls will also be used to reduce the stream and riparian buffer impacts associated with the road crossing. Approximately 70 LF of tributaries:(Trilautary C anctTributa y D:).were-avoided:due.tadesign. considerations..Open- space. was. provided.'around.' 'drainages containing jurisdictional streams and buffers. Cul-de-sacs were proposed to avoid the stream' crossing of the road however the crossing was required to maintain compliance with interconnectivity requirements. 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 streams and wetlands. 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 ® 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 EDPayment 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 Quantity N/A 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 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: cool 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 5. Complete if Using a Permittee Responsible Mitigation Plan Page 6 of 10 5a: If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 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 ® 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 ❑ 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 Franklin County, 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? 30.2% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project requires a Stormwater -Management Plan that will'be reviewed -by-the:Franiclin'.Co6nty. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The site plan calls for two BMPs located in the eastern portion of the site. 2e. Who will be responsible for the review of the Stormwater Management Plan? Franklin County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Franklinton ❑ Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply ❑ ORW (check all .that apply): . ❑.` Session, Law, 2006-246 ® Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No. attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ _No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an experiditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No ,(North- Carolina) -Environmental -Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA,final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ 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 likelihood of future development in the 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. Wastewater will tie into existing utilities 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 ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 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 was queried and a report dated September 5, 2018 and updated July 25, 2019 was received from NCNHP which identified no recorded federally listed species on the project site or within a 1 -mile radius. The dwarf wedgemussel is known to exist within Cedar Creek which the site drains to. The stream being impacted is intermittent and does not contain suitable habitat within the impact area. 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 a part of Franklin 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 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 didyou use to -determine whether your.site would. impact historic.. or.archeolagicai,.resoui�-es? I http://gis.ncdcr.gov/hpoweb/ *A physical records check at the State Historic Preservation Office or the Office of State Archeology was not performed. Based on the HPOWEB review, no recorded historic structures or districts are located on the project site. 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: No portion of the built upon area is proposed in the flood zone. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center (https://msc.fema.gov/portal/search) FEMA DFIRM Panel # 3720186400K, effective April 16, 2013 Sean Clark ' 07/26/201'9_ Date Applicant/Agent's Printed Name ` Applicant/Agents Si nature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 'EE s, SAGE AGENT AUTIIORIZATIO` FORM All Blanks /t�o�, BeFilledin By the Current Landowner or Legal Re Name: � r / /7 I� �/ d /l ,1�-A Address: 1 2 2 2 J U �' 19 W014 Phone: I� '!a " Email: W `` /� a-- �- �1 d 6 ^� Project Name/Description: O'Neal Pronert-. - Sage Project # 2018.53 Date: _Z47/ 07 ! B The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1990 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: 1, the undersigned, the owner or a duty 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 infimnation 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 eeti prior to visiting the site. BY: -- ---Z -- - -- BY: - ... Print Name of landowner or Signature of Lando%► ncr or Legal Representative legal Representative Legend N Project Study Area 7- Map Location USGS Topographic Map Figure 1 RSON WARREN Hillcreast Subdivision VANCE HAL (formerly O'Neal Property) GRANVILLE Sage Project #2018.53 FRANKLIN URHAM Franklinton Quadrangle lip Sage Ecological Services, Inc. NASH August 28, 2018 ( Office: 919-335-6757 AM WAKE Cell: 919-559-1537 0 900 1801 ft ee _ 1F ! _ 1 �� - Li ■i 16 L all IL wo r tt� =A t Vies rim •rCC of . i v Legend Project Study Area Map Location NRCS Soil Survey Map Figure 2 RSON VANCE WAS HAL Hillcreast Subdivision GRANVILLE (formerly O'Neal Property) Sage Project #2018.53 FRANKLIN URHAM Franklin County Sheet 9 + SAGE Sage Ecological Services, Inc. NASH august 2s, 2018 Office: 919-335-6757 HAM WAKE I Cell: 919-559-1537 0 500 1000 ft � (kWh" 11 21118 l2t )l t 't ►r )1'1 is \11( HALL ti. k1.0A\ 1.IMM C t i PIMP' Subject: Buffer 1)eternlination Letter NIiItIM I S - ,r.7 rmkhn C't)u= Determination Type: Buffer Intermittent per. nr, rt! Neuse (15A NCAC 2B.0233) gj Tar -Pamlico 1, 15A NCAC 2B .0259) tom- Intefirnittentf Perennial Determination (where local buffer ordinances apply) Jordan (15A NCAC 2B .0267) 1 (governmental and or interjurisdictional projects) I'rujr: t Aante: C)'\Tal Slit- \rids-cs. I oiatiort: (t Cellar ( rcck RcaJ. ) unn_N\ ills Strranil.l: [: I i) (e�l:u' Crt:l. Determination Date: October 16, 2018 Staff: Rai Milosh S(reanlE/Ull' Not Subject Suhjcct Start a Stopvl soil Su]-%V� t SGS Iopo Strca,n A l _ \ I ia_ "S V, I Str.:uu li !' �hlalmt4m: 'l ltc su'canl(:) lisl;.l aht)�c ha, hmn I��,' ad tol O nwo latent puhli.11L'd NRC•S 5„il Sun lilt Ill, �l rV�:Vnt lop; +'. th' t�St t� t+ :r: i} p w 1tt 1:1 I I! 1 i ,) 5 i, l' ! . I .•_r.li ti tu. , :.1 :^ i ._-�. ,,:.il:. a� .1rt;int 1 lu1 i•. i!n•i hrt. "'e. t u I di :tcrnlirl l t^, 11,)( h.:tl ik•a'i in! ,I i iut-:u . r i, `trC,1111, Iltai hx.S� .11 !1 til:." PINTO!., M h11U:11!1`. ii 1:, at lt:ast .1:1 Illlirlitillt-?ll lli Uii. l li r ' nm--, It i'. -.1 . ?: 1.:: ] :': 1, '1'1 li?'t'. Il•) lit t >17i :' ill'. , ;} r1;. m, lr-. (CI�Yt-lli c.l ab"NV coll,id,iilt )til � i,' 1!!t- :."' Arllll This on-site determination shalt expire list• Q )cars frons the date of this letter. I.ando)%lrers or affected parties that dispute it determination made Ig the DNVR nm) rctlucst it determination h) the Director. %n appeal regncst must he made tiithin silt) (60) d:ns of date of this !Tarin .\ ivginAl for it determination h) On- Director eDirector shall he referred to the iihmor in v. Titin;. If sr,rrlirr. ria VS f'ustrrl.4rrTic t: (.;,f) h"arrlt /)If'/? 401 & Ruf fi•r ('rtir: 101' alai/ Svl•ric e Centr`r: tlrrlri,�lt..\C' 2"fiil9-]hl'. if Scvrdin", rill do /h c t;t' s< r girt II T.S. / Illli•t'l7 111 ,131 D11 It 401 .': Ru flev A-viniitut;; I 'nit; 512 N. Sali.hul.r Stivel: ffidvi,h..\C 2"6114. 'his determination is linal and hindinu UUWSY as detailed alm%e unless an appeal is requested WON siv� I h0) days. This project may require a Section MAI 401 Permit for be proposed acti% ity. Any inquiries should be directed to the t S Army torp of EnWnecis (Raleigh Itegtilatory Field Office) at (914))-554-4884. lf\ou h.i%c que,tions rc.,mi-diw.2 IIIiN fi,cc to k:,jjta,:j Ra: Mdoh at O)II)i -4 1 -4-240. Sup, :r,, i!-oi-. WaKr OualitA- Regional ()pciwion� cc: RRO DWR Idle Cops O'Neal Site Franklin County, NC-DWR Project # 18-367 Stream C Stream E/I/PX Not Subject Subject Start(-& Stops, Soil Survey USGS To o Stream A I X Flag "SA01 X Stream B* P X X Stream C* P X X X * Streams B and C do not appear to be within 50 ft of the property Locations are approx- ` Legend: imate and are provided project boundary�M. � for reference onlyI A� O'Neal Site Franklin County, NC-DWR Project # 18-367 Stream B A Stream A TV tM Stream C Ali m� Stream E/l/PX Not Subject Subject Started Stop i Soil USGS Stream A I X Hag "SAO] start' X Stream B* P X X Stream C* P X X X * Streams B and C do not appear to be within 50 ft of the property ATF " �r i Locations are approx- legend:!'' imate and are provided j"\ n for reference only -Project boundary U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2018-02079 County: Franklin County U.S.G.S. Quad: Franklinton NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Sage Ecological Services Inc David Gainey Address: 3707 Swift Drive Raleigh, North Carolina 27606 Telephone Number: 919-771-9136 Size (acres) 74 (approximate) Nearest Town Youngsville Nearest Waterway Brandy Creek River Basin Pamlico USGS HUC 03020101 Coordinates Latitude: 36.042457 Longitude: -78.436298 Location description: The 74 acre (approximate) site is located immediately northeast of theintersection of Cedar Creek Road and Hill Road in Younesville. Franklin County, North Carolina (See may attached to PJD form). Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW -2018-02079 —The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at .(919) 554-4884 or Andrew.E.Williams2(R,usace.army.mil. C. Basis For Determination: NIA. An Approved JD has not been completed. D. Remarks: USACE site visit conducted on 30 November 2018 E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative'appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: ' US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OMI 5 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by- Not Applicable. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.SmDigitally signed 6y WIWAMSANDREW.E7244561655 ,,SDN: US, o=US. Govemen4 ou=DoD, ou=PIQ, • b_.ou=USA, cn=WIWAMSANDREW.E7244561655 Corps Regulatory Official: Date: 2018.1130135133-05'00' Date: November 30, 2018 SAW -2018-02079 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at littp:';corpsmapu.usacc.arm�.lriilicm apex''?p=136:4:0. Copy Furnished (via email): Sean Clark Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, North Carolina 27606 Stephanie Goss North Carolina Department of Environmental Quality Water Resources Water Quality Regional Operations Section 1628 Mail Service Center Raleigh, NC 27699-1628 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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 found within the project area or is 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: http;//www.fws.ciov/oftices/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. 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 Federally -listed species are 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 _ _ or 919-707-8603. Sincerely, NC Natural Heritage Program ■ M■• t r Governor = NC DEPARTMENT OF *1111111 �wft� niA,ri_ipAi A nen ri n ri i�A.i bccni 3grcc l r, Secretary ■ Director, Land and Water Stewardship NCNHDE-9795 July 25, 2019 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Hillcrest Subdivision (formerly O'Neal Property); 2018.53 Dear Sean Qw-k. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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 found within the project area or is 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: http;//www.fws.ciov/oftices/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. 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 Federally -listed species are 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 _ _ or 919-707-8603. Sincerely, NC Natural Heritage Program No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at : ii Jlc.nhsiv_,-atures Data query generated on July 25, 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. Page 2 of 3 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Hillcrest Subdivision (formerly O'Neal Property) Project No. 2018.53 July 25, 2019 NCNHDE-9795 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 32239 Waterbird Colony --- 2010-04-19 C 5 -Very --- --- GNR S3 Assemblage Low Dragonfly or 33749 Somatochlora Coppery Emerald 2004 -Pre H? 5 -Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at : ii Jlc.nhsiv_,-atures Data query generated on July 25, 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. Page 2 of 3 NCNHDE-9795: Hillcrest Subdivision (formerly O'Neal Property) July 25, 2019 1:24,015 Project Boundary o 02 0.4 oI mi Buffered Project Boundary 0 0.325 0.65 1.3 km Sources: Esri. HERE, Garman, Intennep, increment P Corp., GESCO. USGS, FAO, NPS, NRCAN, Ge*&a , IGN, Kaoaster NL, Oronanm Survey. Esn Jgwn, htETl. Exl Cnina (Hoop Konpl. (c) OpenSUeetMap wrWbuMn. and LMGIS User Come 4 Page 3 of 3 I HEADWALL/WINGWALL PERMANENT ZONE 2 2,093 LF 318 SF / . + + + + + +.. + ♦ + + + + / + 4 + 4 + /PROPOSED B X +++++++++++!++ ++i+`+++++ + + a CULVERT ` ` ` + + + + + TEMPORARY +`+`+` ZONE 1 � / `+`+' 695 SF EXISTING CREEK PERMANENT ZONE 1 TEMPORARY 4,786 SF ZONE 2 ' + 327 SF +`+` + + + 4 4 4 ♦ ♦ ♦ 4 ♦ + ♦ � 4 PROPOSED 20' WIDE I SANITARY SEWER EASEMENT PERMANENT ZONE 2 177 SF / +` + TEMPORARY ZONE 2 + ` + + • + 505 SF \ + +`+ TEMPORARY ZONE 1 \ -4,+ 24 SF PERMANENT STREAM \ a IMPACT - 11 LF PERMANENT ZONE 2 WETLAND SEWER EASEMENT IMPACT - 98 SF IMPACT - 509 SF PERMANENT STREAM IMPACT - 120 LF TEMPORARY ZONt 1--- i� 673 SF \ / TEMPORA.RY ZONE 2 - 463 SF \ HEADWALLANINGWALL PERMANENT ZONE 2 2,104 SF IMPACT MAP EXHIBIT TEMPORARY IMPACTS: TEMPORARY TAR/PAM BUFFER IMPACT (ROAD) ZONE 1 - 1,392 SF - (0.032 AC) ZONE 2 - 1,613 SF - (0.037AC) PERMANENT IMPACTS: PERMANENT TAR/PAM BUFFER IMPACT (SEWER EASEMENT) ZONE 2 - 509 SF - (0.012 AC) PERMANENT TAR/PAM BUFFER IMPACT (ROAD) ZONE 1 - 4,786 SF - (0.110 AC) ZONE 2 - 4,374 SF (0.100 AC) PERMANENT WETLAND IMPACT (ROAD) ZONE 2 - 98 SF - (0.002 AC) PERMANENT STREAM IMPACT (ROAD) - 131 LF TEMPORARY STREAM IMPACT (ROAD) - 26 LF SUBDIVISION FRANKLIN COUNTY, NC IMPACT MAP EXHIBIT - 1 THE SPAULDING GROUP. PA 1bmm4r^te=e PREPARED FOR: IREENPOINTE, LLC '201 CREEDMOOR RD., STE 1 ALEIGH, NC 27613 DATE : 06-05-2019 S&N FIRM CERT. #: C-1875 PROJECT ENGINEER: TOM SPAULDING, PE PROJECT CADD DESIGNER: IRIS MITCHELL PROJECT SURVEYOR: 0 20 40 SCALE: 1"=40' SEAL: CARp�''% S 191 I PROPOSED RETAINING - WALL PROPOSED LOT LINE . TEMPORARY ZONE 2 1,072 SF IMPACT MAP EXHIBIT TEMPORARY IMPACTS: TEMPORARY TAR/PAM BUFFER IMPACT (LOT FILL) ZONE 2 - 1,539 SF - (0.035 AC) IMIERM SUBDIVISION FRANKLIN COUNTY, NC IMPACT MAP EXHIBIT - 2 THE SPAULDING GROUP. PA ." MUA=AwWft ++++++++ + 467 SF PROPOSED LOT LINE PREPARED FOR: GREENPOINTE, LLC 7201 CREEDMOOR RD., STE 1 RALEIGH, NC 27613 DATE : 06-05-2019 S&N FIRM CERT. #: C-1875 PROJECT ENGINEER: TOM SPAULDING, PE PROJECT CADD DESIGNER: IRIS MITCHELL PROJECT SURVEYOR: 0 20 40 SCALE: 1" = 40' SEAL: CARO ���� • FSS' QQ� S =SIS � •�_ J u = FOR REVIEW ONLY - NOT FOR CONSTRUCTION PLAN IS SUBJECT TO REVISIONS DURING THE CONSTRUCTION APPROVAL PROCESS TMS DRAWING IS THE PROPERTY OF: Spaulding & Norris, PA and is mt w be mp hd dor -picd N W. or N pert without permission from SpeWding k Noffm PA Tltis drawing u ml m h uxd on any od- poiect and u m be aWmed b Spoldirg & Norris, PA, upon mquesc Aml I I � _ s Rill 1111 j � Z I � O I / > x �w / 3 Q m � � D C/) U CL f F W z J J_ I Ba '>1 GRAPHIC SCALE �(w DRAWING SHEET INDEX sae) `' , f t I—a . 10o tt PROJECT NUMBER 1860-17