HomeMy WebLinkAbout20191047 Ver 1_401 Application_20190806August 6, 2019
US Army Corps of Engineers
Raleigh Regulatory Office
Attn: Mr. Ross Sullivan
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
SAGE
ECOLOGICAL
SERVICES
F iT. 201.5
oC��COMC�
�►►�; U :EMJUCES 2W TER
BUFFERIN
NC Division of Water Resources
401 & Buffer Permitting Unit
Attn: Ms. Karen Higgins
512 N. Salisbury Street
Raleigh, NC 27604
201
Re: Rigsbee Property (Junction Road Subdivision) 9 1 0 4 T
Request for NWP 29, GC 4139, and Neuse Buffer Authorization
Sage Project # 2018.22
Action ID: SAW -2018-00867
On behalf of Michael J. Rigsbee and Randall S. Rigsbee et al (owneriapplicant) please find
attached, a complete application and supplemental information requesting written concurrence
from the US Army Corps of Engineers (USACE) and the North Carolina Division of Water
Resources (NCDWR) that the proposed impacts associated with the activities described herein
may proceed under Nationwide Permit (NWP) 29 and General Certification (GC) 4139. A Neuse
Buffer Authorization is also requested.
Proiect Summary and Purpose
The proposed project includes the construction of a single-family residential subdivision with
associated roads and utilities which will connect to existing adjacent infrastructure in the area.
The +/- 33.29 -acre project is located south of Ferrell Road and west of Junction Road at 1309
Junction Road in Durham, NC. Representative coordinates for the approximate center of the
Property are 36.0216630N, 78.843591°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
Durham County, NC.
Project Detail
The overall project consists of a residential subdivision with single-family residential units and
associated utilities (e.g. sanitary sewer utility, road, stormwater, etc.). Access to the subdivision
will be from Ferrell Road. The infrastructure will include two cul-de-sacs branching from the main
subdivision road. The southern portion of the subdivision will be comprised of an oval-shaped
roadway with alleyways. At least three Stormwater Control Devices (SCM)'s are proposed to treat
stormwater on-site. Proposed impacts from road construction and grading will result in temporary
and permanent impacts to streams, wetlands, and buffers. Utilities for the proposed project will
Rigsbee Property Page 1 of 3
connect to existing utility fines adjacent to the proposed project boundaries. Heavy equipment
typically used for utility installation projects (e.g. back hoes, bulldozers, 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 (2018). See attached letter from
NHP.
Two properties designated as Surveyed Only (SO) are located within 114 -mile of the Site. See
attached NC State Historic Preservation Office (SHPO) Map (Figure 4).
Project History
The site has been forested or in agriculture since sometime prior to the earliest reviewed
orthophotography (1937). The Site was harvested for timber in 1972 and is currently forested.
Sage Ecological Services, fnc. evaluated and delineated the wetlands and streams on April 11,
2018. A site meeting was held with Mr. floss Sullivan of the USACE on May 23, 2018. The project
was assigned SAW -2018-00867 following the submittal of the Preliminary Jurisdictional
Determination (PJD). A stream and buffer determination site meeting was held with Mr. Rick Trone
of the NCDWR and Mr. Sean Clark of Sage on May 3, 2018. A buffer determination tetter (RRO
#18-122) dated May 3, 2018 was provided to Sage and summarizes the subjectivity of the Site
drainages.
Avoidance and Minimization
Proposed roads and lots were repositioned and aligned so as to minimize impacts to streams,
wetlands, and buffers. Approximately 0.03 -acres of wetland were avoided by altering proposed
lot lines, adding a retaining wall, and incorporating grading plan revisions. These avoided areas
are identified on the attached impact maps. fn addition, open space was provided around
drainages containing jurisdictional streams and 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 wetlands. Stream
impacts will result from dewatering for road construction and road filltculverting activities.
Proposed permanent stream impacts total 43 Linear Feet (LF) as a result of culverting. Proposed
temporary stream impacts total 10 LF as a result of dewatering activities. Total permanent wetland
impacts equal 0.19 -acre, which includes 0.144 -acre as a result of road fill, and 0.047 -acre as a
result of lot fill. Temporary wetland impacts include 0.018 -acre as a result of clearing for road
construction.
The Project is located within the Neuse River Basin. Permanent buffer impacts proposed for the
project include 4,072 Square Feet (ft2) in Zone 1 and 3,931 ft2 in Zone 2 resulting from culvert and
road construction. Temporary buffer impacts proposed for the project include 715 ft2 in Zone 1
and 444 ft2 in Zone 2 resulting from culvert and road construction. Overall riparian buffer impacts
total 4,787 ft2 in Zone 1, and 4,375 ft2 in Zone 2.
Rigsbee Property Page 2 of 3
Mitigation
Stream impacts were minimized and avoided to the maximum extent practicable so that only 53
LF were impacted so no stream mitigation is proposed. impacts to the riparian buffer are
considered "Allowable" in:; the Table of uses. Therefore, fia baftr mitigahan is proposed.
Permanent wetland impacts exceed 0.10 -acre and total 0.192 acre. As a result, payment to
Wildland Holdings III, LLC"s Grantham Branch Mitigation Site is proposed at a 2:1 ratio (0.384
acre total) to satisfy the mitigation requirements for the project.
If you have any questions, please call me at (919) 559-1537.
i
Sincerely,
Sean Clark, PWS
.Sage Ecological Services, Inc.
Attachments:
Fre-construction Notification (PCN) Application Form
Agent Authorization Form
Tax Parcel ID
Figure 1-USGS Site Vicinity Map
Figure 2 -Soil Survey Site Vicinity Map
Figure 3 -Post USACE Siie Meeting Wetland & Stream Map
Figure 4-NCSHPO Map
NCDWR Buffer Determination Letter Impact Maps
NHP Radius Query Letter
Mitigation Statement of Availability Letter
Impact Maps (5 sheets)
Check for $240.00 for 461 -processing application fee (NCDWR only) .
Rigsbee Property Page 3 of 3
A. Applicant Information
1. Processing
Office Use Only:
Corps action ID no. SAW -2016-
01126
DWQ project no.
Pre -Construction Notification (PCN) Form
1a. Type(s) of approval sought from the Corps: 1 0 Section 404 Permit ❑ Section 10 Permit
?b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
_- _.__
1c. Has the NWP or GP number been verified by the Corps? I ® Yes ❑ No
1d. Type(s'j of approval sought from the DWQ (check all that apply):
E 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1e. is this notification solely for the record For the record only for DWQ For the record only for Corps Permit:
because written approval is not required? 401 Certification:
❑ Yes ® No ❑ Yes ® No
1f. is payment into a mitigation bank or in-6eu fee program proposed for mitigation ® Yes _ ❑ No
of impacts? if so., attach the acceptance letter from mitigation bank or in -lieu
fee program.
--------------. _. -- ------
1%.
---- 1g. is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No
below.
16, is the project located within a NC DCM Area of Environmental Concern (AEC)?
2. Project Information
2a. Name of project:
Rigsbee Property
_--.._
2b. County:
_.---._...... ........____.__....._._._ _.__
_
_D__Durham County
_-.
2c. Nearest municipality / town:
Durham
2d. Subdivision name:
I Junction Road
2e NCDOT only, T.I.P. or state
I N/A
project no:
3. Owner Information
❑ Yes ® No
3a. Name(s) on Recorded Deed: i Michael J. Rigsbee and Randall S. Rigsbee et al.
3b Deed Book and Pa
ge No. 001866;00437
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 1423 Pleasant Green Rd
3e. City, state, zip: Durham, NC 27705
3f. Telephone no.: 919-413-8236
3g. Fax no.
3h. Email address: i Mikerigsbee7@gmail.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information of ctifferentlroni owner) _...
4a. Applicant is:
E] Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4h. Email address:
Mr. Sean Clark - .... , .. ... _,.... . _ , • , „ ... ......._.. , ..• ...............
... _, ......,..,,.
5. Agent/Consultant Inforrnatio�ai
5a. Name:
5b. Business name
(if applicable):
Sage Ecological Services, Inc.
5c. Street address:
3707 Swift Drive
5d. City, state, zip:
Raleigh, :NC27606^ .
5e. Telephone no..
919-559-1537
5f. Fax no.:
5g. Email address:
sc!aerK k 'Aa4le20t101, a
Page 2 of 10
Page 3 of 10
PCN Form — Version 1.4 January 2009
B. Project information and Prior Project History
1. Property. Identification -
1a. Property identification no. (tax PIN or parcel ID): 0842-66-27-8538 _
1b. Site coordinates (in decimal degrees): Latitude: 36.021663°N Longitude: 78.843591'W
1c. Property size:
+/- 33.29 -acre
2. Surface Waters u
2a. fiiaine ofnearest body of water to proposed project:. `
'Goose
I Creek
2'b. Water Quality Classification of nearest receiving water:
WS -IV; NSW
2c. River basin:
Neuse Basin (HUC 03020201)
3. Project Description
3a. Describe the existing conditions on the site, and the general land use in the vicinity of the project at the time of this
application. The site has been forested, or in agriculture since sometime prior to the earliest reviewed orthophotography
(1837j. The Site was harvested for timber in 1972. The site is currently forested. Properties in the vicinity are residential,
forested, and commercial.
3b.. List the total estimated acreage of all existing wetlands on the property: +/-0.87 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 583 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 .part of Durham County, NC.
__.....,.,._r.._...,...._,........__ ............ ... .. .....
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 single-family residential units and associated
utilities (e.% sanitary sewer utility, road, stormwater, etc.). Access to the subdivision will be from Ferrell Road. Two cul-
de-sacs will branch from the main subdivision road. The southern portion of the subdivision will be comprised of an oval-
shaped roadway with alleyways. At least three Stormwater Control Devices (SCM)'s are proposed to treat stormwater
on-site. Proposed impacts from road construction and grading 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, bulldozers,
etc.) will be utilized.
4. Jurisdictional Determinations__
_
4a. Have jurisdictional wetfand or stream determinations by the ® Yes El No El Unknown
Corps or State been requested or obtained for this property /
project (including all prior phases)in the past? Comments:
4b. if the Corps made the jurisdictional determination, at type of
® Preliminary ❑ Final
determination was made?
yAgency/Consultant Company:
4c. if yes, who delineated the jurisdictional areas?
Sage Ecological Services, Inc.
Name (if known): Sean Clark and Philip Beach
Other:
_
4d. if yes, list the dates of the Corps jurisdictionaf determinations or State determinations and attach documentation.
Sage Ecological Services, Me. evaluated and delineatedlhewalfands and streams on April 11, 2018. A site meeting was .
held with Mr. Ross Sullivan of the USACE on May 23, 2018. The project was assigned SAW -2018-00867 following the site
meeting. A stream and buffer determination site meeting was held with Mr. Rick Trone'of the NC-DWR and the determination
letterRRO #18-12221 -dated Mpy 33, summarizes the determinations.
82018
5. Project History
5a. Have permits or certifications been requested or obtained for El Yes ® No ❑ Unknown
This project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
L'
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
la. Which sections were completed below for your project (check all Yhat apply):
® Wetlands ® Streams — tributaries ® Buffers E] Open Waters 0 Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete fts question for each weYiand area impacted.
2a. 2b. M 2c. ' .. 2d:.... 2e. ' 2f.
Wetland impact
Type of jurisdiction
number Type of impact Type of
Forested Corps (404,10) or
Area of
Permanent (P) or wetland
DWQ (401, other) '
impact
Temporary (T) (if known)
(acres)
YYes
(Wetland WC Road Fill Riparian
404
0:087
Wetland WC Clearing Riparian :
Yes. 404
0.013.
2-P
Yes
(Wetland WE) Road Fill Riparian
404
0.017
etland WE Lot Fill Riparian
Yes 404
0.025
Wetland Road Fill I ;Riparian
Yes 404
0.041
M
3-T Clearing Riparian
Wetland WA
V _I-
Yes 404
0.005
4-P Fill Riparian
(Wetland WA) _
Yes 404
-
0.022
- Choose One hoose -one
Yes/No -
2g.'Total wetland impacts
0.210
_
2h. Comments: Total permanent' = 0092 -acre, Total temporary fii�aCt's = �r.i?t&acre,-.
.....e•+w .µ NP.:u. ..:Kti?•F.• .. ..
. . .....l. .. , +�...•aT.re..mL..s<+w.-..........r.....�.u•ww,enu....-..w.-}ttw.•i
nu...iwao.:._.,
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. ., .,a...._
39
Stream impact Type of impact Stream name
Perennial Type of)urisdiddon i Average
I Impact
number
(PER) or stream width
length
Permanent (P) or
intermittent (feet)
(linear
Temporary (T)
(INT)?
feet)
1-13
Culverting/Road Fill
UT to Goose
INT
both
3-5'
43
(Stream C)
_Creek
DINT
1-T Dewatering/Clearing LIT to Goose
both 3-5',
10 '.
(Stream C) Creek
3h'. Total stream and triiiutacy in pasts �63
3i. Comments: Permanent impacts equal 43 LF_
Page 4 of 10
4. Open Water Impacts
If there are proposed impacts to takes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then in uafiv fist all open water. impacts below
4a. 4b. 4c. 4d.. 4e.
Open water Name of waterbody
impact number (if applicable) Type of impact Waterbody type Area of impact
— Permanent (P) (acres)
or Temporary
01 Choose one—��— , ChooseOne` ,Choose .per
4f. Total open water impacts
4g. Comments: There are no open waters with proposed impacts within the project boundaries.
5. Bond or Lake Construction
If pond or fake consucti-onoposed, Then complete the chart below,.,— µ
5a. 5b. M 5c. 5d. 5e.
Wetland. impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded i Filled Excavated Flooded Filled Excavated Flooded
P1 Choose One
_.._. P2 y _ Choose One'.. .. _. ._...., �. ... ..,..__,. „r ...R.,-.
6f. Total.-t-,-
otal _ 0 0 — 0_ 0 0 0 0
5g, Comments: This project does not propose Pond or Lake construction
5h. is ad am high hazard permit requited?
. I E] 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 wiff impact a protected riparian puffer, then complete the chart below. if yes, then individually list all buffer impacts
below. If an impacts require mitt ac�tton, then ou MUST fill out.Section D of this form:-
_ .. _�.. .
6a.Project is in which protected basin?, i Neuse ❑ Tar -Pamlico .0 Catawba ❑ Randleman ❑ Other:
6b. 6c. 6d. 6e �r 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)
Temporar�r
1 - T Land UT to I. No 715 444
(Stream C) Clearing. Goose
Road UT to
1 — P Construction Goose No 4,072 3,931
(Stream C) / Fill Creek
M,..- 6h_ Total buffer impacts I4,787�V 4,375
6i. Comments: Proposed buffer impacts are considered "allowable" in the table of uses. �A..
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 pro)ect. Proposed roads
and lots were repositioned and aligned so as to further reduce impacts to streams, a4etiands,.and buffers from the initial
site design. Wetland areas previously proposed for lot fill are identified on the ahached.lmpact maps. Apprw6mately 0.03 -
acres of wetland were avoided by altering proposed lot Imes, adding a retaining wall, and grading plan revisions. In
addition, open space was provided around drainages containing)urisdictional streams and 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.
1b. Specifically describe measures taken to avoid or minimize Yhe• proposed impacts through construction techniques.
General techniques include the use of construction fencing to define the construction coffidof and prevent any accidental
additional impacts. Silt fencing and temporary basins writ also be used to prevent sediment runoff into streams, wetlands,
and riparian buffers.
2. Compensatory Mitigation for Impacts to Waters of the U;S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
t® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?.
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option wilt be used for this
ElPayment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation `
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Grantham Branch Nritigation Bank
Type: Riparian
Quantity 0.19 -acre
wetland
3b. Credits Purchased (attach receipt and letter)
Type: Choose one Quantity NIA
Type: Choose one Quantity NIA
_ ' :-H+µ... .+.w..nFx C^ nfry:•. s-�++,.Jae ...k }:.._.-.+w.+ne..aa.4�-n+++.�w+..n::.wj�an.+.+,.reus,sy
3c. Comments: NIA
4. Complete if.Making a Payment to InAeu a ee Pr6grartr -
4a. Approval letter from in -lieu fee program is attached, ❑ Yes
4b. Stream mitigation requested-
0 linear feet
^cool
4c. If using stream mitigation, stream temperature:
---
4d. Buffer mitigation requested (DWQ only):,'
R .. _ _•... .
0 square feet
0 acres
4e. Riparian wetland mitigation requested:
0 acres
4f, Non -riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested:. 0 acres ,
4h. Comments: N/A
-o— -
ab i. . +-m .. ....,...sj,ir ...v.,.. .-.-.•T¢n•...+.r-.+....-.....+ -+-_-+..e+w•...+-wn+vim.. .,
5. Complete if Using a Permittee Responsible Mifigabon Plan
Page 6 of 10
5a. if using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer fiititigadon (State Regulated Riparian Buffer Rules) —'required by DWQ
6a. Wiff the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No
buffer mitigation?
6b. if yes, then identify the square.feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 I I ,� 3 (2 for Catawba)
6f. Total buffer mitigation required: y� y
6g. ff-buffer-mitigation isrequired,-discuss what type -of mitigation is proposed (e.g.; payment to private mitigation bank,
permittee responsible riparian butler restoration, payment into an approved in -lieu fee fund).
6h. Comments_ Buffer impacts proposed are considered "Allowable".
Page 7of10
E. Stormwater Management and Diffuse Flow Plan jrequired by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified® Yes El 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 City of Durham, NC.
2. Stormwater Management Plan
2a. What is the overall percent impervidusness of this project? +-23016
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 City of Durham, NC.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The site plan calls for several SCM's along with associated etosion control defies throughout the Site,
2e. Who will be responsible for the review of the Stormwater Management Plan? City of Durham
3. Certified Local Govemment Stormwater Review
3a. In which local government's jurisdiction is this project? City of Durham
® Phase II
3b. Which of the following locally -implemented stormwater management programs ❑ NSW
apply (check all that apply): ❑ USMP
® Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ®No
attached?
❑ 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 Pian with proof of approval been
attached? ❑ Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet'the appropriate requirements? ❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met? ❑,Yes ❑ No
Page 8 of 10
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
?a. {Does the project involve an expenditure of public (federal/state/local) funds or the El 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)?
1c. if you answered Nes" to the above, has the document review been finalized by the
State Clearing .House? (if so, attach a copy of the NEPA or SEPA final. approval
letter.) EjYes ; . Q No,
Comments:
2. Violations (DWQ Requirement)
2a_ is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H.13'00),' DWQ Surface Water or Wetland Standards,', ❑ Yes ..ED 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):
....n...-..-+n+.'Mr.. c .... ti-.r"'^.u....ww+..u� .wu+<«s"vr..tM..w.. ... _ L:u • ., r y �
3. Cumufative impacts (DWQ Requirement)
3a. WO this project (based on past and reasonably anticipated future impacts) result in El 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.
4. Sewage Disposal (DWQ Requirement)
4a_ Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge)-ofwastewatergenerated from
the proposed project, or available capacity of the subject facility.
The project will tie into existing municipal waste water lines located in the southeastern comer of the property.
Page 9 of 10
PCN Form —Version 1.3 December 10, 2008 Version
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or i ❑ Yes ® No
habitat?
•.`rc'— . ' -� gym: _:....; _.. . '
5b. Have you checked with the USFWS concerning Endangered Species Act iYes 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 (2018) was queried and A report (dated April 1J, 2018) was received from, NHF
which identified no recorded federally listed species on me project site or witnin a 1-mile radius_
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? 0 Yes ® No
6b. What data sources did you use to deterrnine whether your site would impact Essential Fish Habitat?
The proposed project takes place in a part of Durham 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 culturai preservation Q Yes No
status (e.g., National Historic Trust designation or properties slgnificant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine-whether your site would impact historic or archeological resources?
http://gis.ncdcr.govthpoweb/ 'A physical records check. at the State Historic. Preservation Office or, the Office of. State
Archeology was not performed. No recorded historic properties are located on the project site. See attached documentabon.for
nearby recorded historic properties...
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in, a FEMA-designated 100-year floodplain? ❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain detemtination? NC Flood Risk Information System
(haps://f(s.nc.gov/fris/Home.aspx'?ST=NC) FEMA DFiRM Panel # 270086-0842, effective October 19, 2018_
Sean Clark
08/06/2019
Date
Applicant/Agent's Printed Name
...-
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization tetter from the applicant
is provided.)
Page 10 of 10
SAGE
sFay.;r�.
AGENT AUTHORIZATION FORM
All Blanks to Be Filled in By the Current Landowner or Leea� 1 Representative
Name:
Address: / yz 3
�T_r� 1 %!aS/(!�'�_
DU Aa7 70S_
Phone:
Email: MJ)E�e t—,
Project Name/Description: Riasbee ProRerhr
Sage Project # 2018.22
Date: I/- Z / " l
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands and Streams Related Consulting and Permitting
To Whom 1t May Concern:
1, the undersigned, the owner or a duly authorized representative of record of the propertyiproperties identified
herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein
described for the purpose of conducting on-site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers
and Harbors Act of 1899.1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my
agent in the processing of permit applications, to furnish upon request supplemental information in support of
applications, etc. from this day forward.
This notification supersedes any previous correspondence concerning the agent for this project.
Notice: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a nlreting
prior to visiting the site.
BY _ 1110&el Aopxj- _61�
Print Name of LandocrvJfi or
az
�I�11,l1UrC i)f l,�t��i�Ftia is t�i7. ,
Legal Representative t_Lk3€ Ititrr:°>:cntat :=
Durham, NC
Tax Parcel Report
Friday, August 2, 2019
A
9"4496"61
Parcel Information
PIN
0842-66-27-8538
Parcel ID
169646
Acreage
33.22400000
Land Use
PRESENT-USE/FORESTRY
Deed Book
001866
Deed Page
000437
Plat Book
000157
Plat Page
000243
Subdivision
PROP-SWEANEY
Site Address
1309 JUNCTION RD
CORINNA DAY
Owner Name
RIGSBEE MICHAEL J
Owner Address
ATTN JULIA W RIGSBEE
2010 GUERNSDEL ST
DURHAM, NC 27705-2418
Land Value
$8,488.00
Building Value
$0.00
Total Value
$8,488.00
Sale Price
$0.00
61114I iAN4
t 8 6 9
rte` 0� wMea
1a
i
Legend
Q Project Review Area
Map Location
USGS Topographic Map Figure 1
SWELL PERSON VANCE
GRANVILLE Rigsbee Property
Sage Project #2018.22
ORANGE FRANKLI
DURHAM Northeast Durham Quadrangle
April lo, 2018 Sage Ecological Services, Inc.
Office: 919-335-6757
WAKE ' Cell: 919-559-1537
CHATHAM 0 800 1600 ft
�"
✓, W v G -, .------ v fi
/ - \
l i
N:13 Re'
vii
WSC -177
4
x
" Ur
f• Jf
A22
W C)
WSb
PD
Legend
r ct Review Area
ode
WS F -
'l
Map Location
SWELLI PERSON VANCE
GRANVILLE
ORANGE FRANKLI
DURHAM
WAKE
CHATHAM
NRCS Soils Map Figure 2
Rigsbee Property
Sage Project #2018.22
USDA Soil Survey
Durham County Sheet 22 Sage Ecological Services, Inc.
Office: 919-335-6757
April 10, 2018 Cell: 919-559-1537
0 400 800 ft
Note: Location, shape and size uI — 1
's depicted features on the evaluated site
are approximate and should be surveyed
N by a licensed NC surveyor for final
Fe rel R oaplanning
>82 d
3g0
Legend
J Project Review Area
Wetland
m;
- -- Wetland
F _ Tributary
N Wetland Data Point
Upland Data Point
t_ -A344
Map Location
VAN
GRANVILLE
ORANGE FRANK,,
DURHAM
WAKE
NCE CHATHAM
Post USACE Site Meeting
Wetland Sketch Map
Rigsbee Property
Sage Project #2018.22
May 24, 2018
0 100 200 ft
7:--
Figure 3
Drawn by: David Gainey
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537
FA
U
c
0
V Suggs Grocery 3 Gm
t�L OHIS24
map Location
CASWELL) PERSON
GRANVILLE
ORANGE FRANKLIN
DURHAM
WAKE
CHATHAM
JOHNSTON
NCSHPO Map
Rigsbee Property
Sage Project # 2018.22 N
August 01, 2019
i
I
0 500 1,000
Feet
.iRer- 1/4 -mile
0 surveyed Only Property
Figure 4
10
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537
d
�ry
Q3
tal
O'n
G
map Location
CASWELL) PERSON
GRANVILLE
ORANGE FRANKLIN
DURHAM
WAKE
CHATHAM
JOHNSTON
NCSHPO Map
Rigsbee Property
Sage Project # 2018.22 N
August 01, 2019
i
I
0 500 1,000
Feet
.iRer- 1/4 -mile
0 surveyed Only Property
Figure 4
10
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537
ENVIRONMENTAL QUALITY
May 3,2 018
Michael J. Rigsbee .
2010 Guernsdel St.
Durham; NC 27705
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER'
Interim
Director
Subject: Buffer Determination Letter
RRO #18-122
'Durham County
Determination Type:
Buffer
IntermittentlPerennial '
® Neuse (15A NCAC 213.0233) ,
F1 Tar:Pamlico (15A NCAC 26..0259)
®intermitterit/Perennial Determination (Where local buffer
ordinances'apply)' '
❑ Jordan (15A NCAC 2B .0267)
P
(governmental and/or intedurisdictional
SA01
projects)
Off Property
Project Name: Rigsbee Property
Address/Location: 1309 Junction Road Durham_ NC
Stream(s): Goose Creek
Determination Date: 05/3/2018
Staff: Rick Trone
Feature
E/LT*
Not Subject Subject
Start@
Stop@
Soil USGS
Survey To o
A•
P
X
SA01
Off Property
'X X
A2
E
X
Throu out
X
B
E
X
Throughout
X
C
I
X
WC05
Off PropertY
X
Dl
I
X
SDO1 '
SD09
*E111P = Ephemeral/IntermittentIPerennial ;
i Feature D is depicted on neither the USGS topo map or the soil survey and therefore is an unbuffered
stream. Feature D, while not a buffered stream, is still considered a stream and therefore proper permits and
authorizations are necessary if impacts (culverting, grading, filling, etc.) to the stream are to occur.
Explanation: The features(s) listed above has been -located on the most recent published NRCS Soil Survey, of
Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be at least intermittent or is.notpresent,
Stredms that are•checked "Subject" have been located'on the property and possess characteristics that qualify it to be
Division of Water Resources, Raleigh Regional Office, Water..Quality Operations Section http://portal.nedenr.org/web/viqlaps
1628 Mail Service -Center, Raleigh, NC 27699-1628 f ; Phone: (919) 791-4200
Location: 5800 Barrett Drive, Raleigh, NC 27609; Fax: (919) 788-7159
at least an intermittent stream. There may be other features located on the property that do not show up on the
maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
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 DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US.Postal Service: c/o Karen Higgins;
DIVR — 401 & Bnffer Permitting Unit; 1617MWI Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DIVR — 401 & Buffer Permitting Unit; 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404140.1 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regardi izs,dete ination, please feel free to contact Rick Trone at (919) 791-4257, or by
email at rick.trone@ncde gov
mcerel f
Danny Smith/
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy
Sean Clark, Sage Ecological (via laserfiche hyperlink)
Rigsbee Property
Durham County, NC-DWR Project # 18-122
C: Subject
Woe
rJ A
1,
d y � R
A: Subject WSC cc B
A2: Not Subject
B: Not Subject ALr
Approximate Location of Feature D
..-�' A s c
k
NRCS Soil Survey Sheet 22
.w
Durham Co NC 1976
Legend:
-project boundary
:: Locations are approximate
and are provided for refer-
ence only
Rigsbee Property
Durham County, NC-DWR Project # 18-122
A: Subject
FERREL �
RD
3 �
2
r �
z ,v
350
N av
Ln
�+ '^ PERV/ S RD
Q
r
t
4OG
USGS Topographical Map ,tea
. srArF
.� 3
Northeast Durham Quadrangle 2016 �F j' \s� ;Locations are approximate
Legend: �� ��•.. l� and are provided for refer-
�� / ence only :: n(j
Project boundary
Ouw
4t g.yv6µ
North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Governor Roy Cooper Secretary Susi H_ Hamilton
April 19, 2018
David Gainey
Sage Ecological Services
10411 NC 96
Zebulon, NC 27597.
RE: Rigsbee Property; 2018.22
Dear David Gainey:
NCNHDE-5847
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates that there are
no records for rare species, important natural communities, natural areas, or conservation/managed areas
within the proposed project boundary, or within a one -mile radius of the project boundary.
Please note that although there may be no documentation of natural heritage elements within or near 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.
Please also 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 also not be redistributed without permission.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact Rodney A. Butler at r ney.b,itler,'?ncdcr.gov or 919.707.8603.
Sincerely,
NC Natural Heritage Program
MAILING ADDRESS: Telephone: (919) 707-8107 LOCATION:
1651 Palau Service Center vwnv.ncnhp.org 121 West Jones Street
Raleigh, NC 27699-1651 Raleigh, NC 276D3
NCNHDE-5847: Rigsbee Property
Hutton -.
r
Gar—
t
ro, h
iii
Rocky I lA..
h
L �
N
W�E
April 19, 2018
Project Boundary
Buffered Project Boundary
Page 2 of 2
1:24,416
0 0.2 0.4 0.8 mi
0 0.325 0.65 1.3 km
Sources: Ew HERE, Garmn, Intermap, incrernern P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, Geo8ase. IGN, Kadaster NL, Ordnance Surrey, Esti Japan.
METI, Esn Chau (Hong Kong), mrsstopo, O OpenSueetMap contributors, and
Me GIS User Cormwky
yWILDLANDS
Statement of Availability
August 5, 2019
Mr. Michael Rigsbee
1423 Pleasant Green Rd
Durham, NC 27705
RE: Availability of Riparian Wetland Credits for the Rigsbee Property, Durham NC (Sage
Project #2018.22) project
Bank Name: Grantham Branch Mitigation Site
Bank Sponsor: Wildlands Holdings, III, LLC
USACE ACTION ID: 2017-00549
Riparian Wetland Credits Available: 6.08ac
Riparian Wetland Credits Requested: 0.19ac
Neuse 03020201 River Basin
Dear Mr. Rigsbee:
Wildlands Holdings III, LLC has the above mentioned riparian wetland credits from the
Grantham Branch Mitigation Site to satisfy the mitigation requirements related to the above
mentioned project. The project is located within the service area (HUC 03020201) of the Bank.
Credits may be reserved for a period of 12 months upon the receipt of a non-refundable
deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first
come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date
of this letter and are then subject to change.
An invoice for this transaction will be sent upon your request and we will reserve the credits
and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the
date provided — it is not a reservation of credits nor a guarantee of price. Credits will be sold on
a first come, first serve basis.
Wildlands Holding III, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609
WILDLANDS
Hon D I ING s, - ®r
We appreciate the opportunity to assist you with your mitigation requirements. Please contact
me at 205-807-0800 or if you have any questions or need any
additional information.
Sincerely,
Ilan M. Hazelhoff
Wildlands Engineering, Inc.
Mitigation Development and Credit Sales
ihazelhoff@wildlandsenp,,.com
0: (704) 332-7754 ex. 120
M: (205)-807-0800
cc: Phil Beach, Sage Ecological
Wildlands Holding III, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609
PROJECT NO.
18-0116
D"WNG NMAE:
18-0116 FXH
SHEET NO.
EXH-3