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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