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HomeMy WebLinkAbout20191133 Ver 1_401 Application_20190823August 23, 2019 US Army Corps of Engineers Raleigh Regulatory Office Attn: Mr. Mr. James Lastinger 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 7r.SAGE ECOLOGICAL SERVICES 1 Re: Forest Bluff Estates (formerly Daniels Site) Request for NWP 29 & GC 4139 Sage Project # 2017.52 20181133 AUG 2 3 Zp�g i NC Division of Water Resources 401 & Buffer Permitting Unit Attn: Ms. Karen Higgins 512 N. Salisbury Street Raleigh, NC 27604 On behalf of Mr. Lynwood Craig Daniel (owner and applicant) 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 proposed impacts associated with the activities described herein may proceed under Nationwide Permit (NWP) 29 and General Certification (GC) 4139. Proiect Location The +/- 30 -acre project is located north of North Main Street (Highway 401) approximately 1.5 miles north of its intersection with NC Highway 42 in Fuquay-Varina, Wake County, North Carolina. Wake County lists the Property Identification Number (PIN) for the parcel as 0677-68-8748. The approximate center of the property is located at Latitude: 35.617650°N, 78.7394800W. Project Summary and Purpose 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 Wake County, NC. The proposed project includes the construction of a multi -lot single-family residential subdivision with three associated roads and utilities which will connect to existing adjacent infrastructure in the area. Project Detail Primary access to the subdivision will be provided off of Terri Creek Road via Johnson Pond Road (the main subdivision access road). The proposed subdivision includes two Forest Bluff Estates Page 1 of 3 cul-de-sacs branching from the main subdivision road. One Stormwater Control Device (SCM) is proposed to treat stormwater on-site. Proposed impacts from lot fill and utility installation will result in temporary and permanent impacts to wetlands. Utilities for the proposed project will connect to existing utility lines located along the southern property boundary. 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. See attached letter dated August 15, 2019 from NHP. Four historic properties and a historic boundary are located within 1/2 -mile of the Site, however none are located within the project boundaries. See attached NCSHPO Map (Figure 4). Project History The site has previously been forested or in agriculture since sometime prior to the earliest reviewed orthophotography. A buffer verification was held on October 4, 2017 with Ms. Stephanie Goss (NCDWR) and Sage Ecological. A field review with Mr. James Lastinger (USACE) and Sage was held on November 7, 2017. Avoidance and Minimization The project does not propose impacts to streams or riparian buffers. Proposed roads were positioned and aligned so as to avoid impacts to streams and wetlands. Lots were made deeper in areas that abut wetlands to avoid additional lot fill. Requested lot fill is for the building footprint and not for areas within the yards. Topsoil within the wetland area excavated during the installation of the sanitary sewer line will be reused within the wetland when the area is returned to original grade. 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 wetlands. Proposed Impacts resulting from lot fill in two locations will permanently impact 0.19 -acre of wetlands. Proposed impacts due to the construction of a sanitary sewer line will incur 0.016 -acre of temporary impacts to wetlands. Mitigation Permanent wetland impacts exceed the 0.10 -acre threshold. As a result, mitigation at a ratio of 1:1 is proposed for the permanent impacts incurred due to lot fill. The project is located in HUC 03020201. Riparian Wetland credits in the amount equivalent to 0.19 - acre will be purchased from the Falling Creek Wetland and Stream Mitigation Bank. Please see attached Statement of Availability Letter confirming request. Forest Bluff Estates Page 2 of 3 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 Statement of Availability Letter from Wetland Mitigation Bank NCDWR Buffer Determination Letter NCNHP Radius Query Letter Figure 1-USGS Site Vicinity Map Figure 2 -Soil Survey Site Vicinity Map Figure 4-NCSHPO Map Impact Map Check for $240.00 for 401 -processing application fee (NCDWR only) Forest Bluff Estates Page 3 of 3 FMI Office Use Only: Corps action ID no. SAW -2016- 01126 DWQ project no. Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. 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 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. 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: Forest Bluff Estates (formerly Daniels Site) 2b. County: Wake County 2c. Nearest municipality / town: Fuquay-Varina 2d. Subdivision name: Forest Bluff Estates 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Lynnwood Craig Daniels 3b. Deed Book and Page No. 016411 / 00303 3c. Responsible Party (for LLC if applicable): 3d. Street address: 2601 N. Main Street 3e. City, state, zip: Fuquay-Varina, NC 27526 3f. Telephone no.: 919-669-8585 3g. Fax no.: 3h. Email address: Craig.daniel@Pb-Supply.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: sclark sageecological.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no_ (tax PIN or parcel ID): 0677-68-8748 1 b. Site coordinates (in decimal degrees): Latitude: 35.617650°N; Longitude: 78.739480°W 1c. Property size: +/- 30 -acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Terrible Creek 2b. Water Quality Classification of nearest receiving water: C; 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 is being considered for residential development. The +/- 30 -acre Site is a mix of forested land and farmland. The forest canopy is mainly composed of hardwood species within the lower areas on -Site and Loblolly Pines in the uplands. Surrounding properties are residential developments, wooded areas and agricultural properties. 3b. List the total estimated acreage of all existing wetlands on the property: +/-1.25 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 1,500 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 Wake County, NC. 3e. Describe the overall project in detail, including the type of equipment to be used: 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 overall project consists of a single-family residential subdivision with detached residential lots and construction of associated utilities. Primary access to the subdivision will be provided from Terri Creek Road via Johnson Pond Road (the main subdivision access road). The proposed subdivision includes two cul-de-sacs branching from the main subdivision road. One Stormwater Control Device (SCM) is proposed to treat stormwater on-site. Proposed impacts from lot fill and utility installation will result in temporary and permanent impacts to wetlands. 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 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / Comments: project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): David Gainey & Sean Clark Sage Ecological Services, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A buffer verification was held on October 4, 2017 with Ms. Stephanie Goss (NCDWR) Sage Ecological. A field review with Mr. James Lastin er USACE and Sage was held on November 7, 2017. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3of10 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 (Wetland 1) Lot Fill Headwater Wetfand Yes 404 0.106 2-P (Wetland 3) Lot Fill Headwater Yes 404 0.084 Wetland 3-T (Wetland 3) Excavation / Headwater Wetland Yes 404 0.016 Temporary Fill - Choose One Unknown Yes/No - 2g. Total wetland impacts 0.206 2h. Comments: Permanent wetland impacts = 0.19 -acre. 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) 3h. Total stream and tributary impacts 0 3i. Comments: There are no streams with proposed impacts within the project boundaries. Page 4 of 10 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 Filled Excavated Flooded impact number — waterbody Type of impact Waterbody type Area of impact Permanent (P) or (if applicable) (acres) Temporary 01 Choose one Choose One Choose 0 4f. Total open water impacts 0 4g. Comments: There are no open waters with proposed impacts within the project boundaries. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 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. Buffer impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) 0 0 6h. Total buffer impacts 0 6i. Comments: There are no buffers with proposed impacts within the project boundaries. 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. Roads were aligned in order to avoid streams and wetlands. Lots were made deeper in areas that abut wetlands to avoid additional lot fill. Requested lot fill is for the building footprint and not for areas within the yards. 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 will be installed to provide additional protection from runoff. The wetland area within the utility installation area will be returned to original grade and the native top soil will be reused. 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 F-1 Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Falling Creek Stream and Wetland Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Quantity 0.19 credits 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 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires 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) 0 Zone 2 1.5 0 6f. Total buffer mitigation required: 0 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: Buffer mitigation is not required or proposed. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The diffuse flow plan is part of the Stormwater Management Plan being ❑ Yes ® No reviewed by the City of Raleigh. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? +/-35% 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 Town of Fuquay-Varina. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Fuquay-Varina 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Fuquay-Varina ❑ 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 attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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. 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 municipal utility lines that run along the southern portion 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 ❑ 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? 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. See attached letter dated August 15, 2019 from NHP. 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 Wake County which is not near any coastal or tidal habitat that would support EFH (i.e. salt marshes, oyster reefs, etc.). 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ® Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? http://gis.ncdcr.gov/hpoweb/ "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 documentation for nearby recorded historic properties. B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? FEI es ® No 8b. If yes, explain how project meets FEMA requirements: No areas of the project are designated as 100 -year flood plain. 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 # 3720067800J, effective May 2, 2006. Sean Clark 08/23/2019 Applicant/Agent's Printed Name Date Applicant/Agent's Si nature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 AGENT AUTHORIZATION FORM All Blanks to Be Fllied in By the Current Landowner or Legal Representative Name: t VPJ'W&* i 6a� i If Address: nS TAY - 14V40 t /Ve � 7 .? m Phone: CSG Email: �'rct;a.�sn%c% Pb - �kPP/t'.lds�'l Project Name/Description: Daniels Site Sage Project # 2017.53 Date: 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 it May Concern: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. Print Name of Landowner or Signa re of Landowner or Legal Legal Representative Representative WILDLANDS Hoil,J)ING(S Statement of Availability August 19, 2019 Mr. Lynnwood Craig Daniels 2601 N. Main Street Fuquay-Varina, NC 27526 RE: Availability of Riparian Wetland Credits for the Forest Bluff Estates project Bank Name: Falling Creek Stream and Wetland Mitigation Bank Bank Site: Grantham Branch Mitigation Site Bank Sponsor: Wildlands Holdings, III, LLC USACE Action ID: 2017-00549 Riparian Wetland Credits Needed: 0.38 ac Riparian Wetland Credits Available: 6.08 ac Neuse 03020201 River Basin Dear Mr. Daniels: Wildlands Holdings III, LLC has the above mentioned Riparian Wetland credits from the Falling Creek Stream and Wetland Mitigation Bank: 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. Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within the 404 permit. Wildlands Holding III, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 T WILDLANDS IQ We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at 704-719-2100 or 21if you have any questions or need any additional information. Sincerely, Robert W. Bugg Wildlands Engineering, Inc. Director: Land Acquisition 0: (704) 332-7754 ex. 105 M: (704) 719-2100 cc: Phil Beach, Sage Ecological Services, Inc. Wildlands Holding III, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 Water Resources ENVIRONNENTAL•OUALITY ' Lynwood -Craig Daniel Cassandra P•.•Daniel 2601 N: MainStreet: . Fuquay-Varina, NC 27526;' k. ROY COOPER Governor. MICHAEL S. REGAN seaw-Y S. .JAY ZIMMERMAN Director - Subject: BufferDetermination Letter NBRRO #17-338 -Wake County .Determination Type: Buffer Intermittent/Perennial ® Neuse (1.5A NCAC 28.0233) El Intermittent/Pgrennial Determination (where local, buffer. [] Tar-Pamlico.(15A NCAC 2B .0259) ordinances apply) Jordan (15A NCAC 2B'.0267) (governmental and/or interjurisdictional projects) 'A. Project Name: Daniels Site Address/Location:. 0 N. Main Street, Fuquay-Varina, Wake Co. PIN 0677688748 Stream(s): Terrible Creek ' • Deterudination Date: October 4, 2017,'- ; . Staff: Stephanie Goss Stream F./I/P* Not Subject! *EIIIP = EphemeraWntermittenePerennial Explanation: The stream(s) listed -above has been located on the most recent published NRCS Soil Survey of Wake , County, North Carolina andlouthe most recent,dopy of -the USGS Topographic map at a 1:24,000 scale. • Each. stream that is checked "Not Subject" has been d''eterminto not be at least intermittent or -is not present. Streams ; that ' ' checked "Subject' have been locatedlon;the property and possess characteristics'that qualify it to- be, at least s • ;I an intermittent stream• There may be other streams! located on the property. that do notshow,up onthe'•maps•: I s,I.. I , referenced above but may be considered j1aai according to! the US Army Corps: 6f Engineers. Diuisioni of Water Resources; Raleigh Regional Office; Water.,Quality Operations Section' . http:/iportal.ncdenr.org/web/wq/aps 1628'Mail Service Center, Raleigh, NC 27699-1628 :'t+ I Phone: (919) 791=4200 ,''' Location: 3.800 Barrett Drive, -Raleigh, NC'27609 Ii! Fax: (919) 788-7159 11 a lit - i� Subject N:. Start@ � Stop@ Soil Surve USG5 To o Pond 1 X i X 'A. I ,r •. ; X Throughout . X X B X t, X- C X. I':, X D; Terrible Creek ] ! •', , X . Throughout X ' X *EIIIP = EphemeraWntermittenePerennial Explanation: The stream(s) listed -above has been located on the most recent published NRCS Soil Survey of Wake , County, North Carolina andlouthe most recent,dopy of -the USGS Topographic map at a 1:24,000 scale. • Each. stream that is checked "Not Subject" has been d''eterminto not be at least intermittent or -is not present. Streams ; that ' ' checked "Subject' have been locatedlon;the property and possess characteristics'that qualify it to- be, at least s • ;I an intermittent stream• There may be other streams! located on the property. that do notshow,up onthe'•maps•: I s,I.. I , referenced above but may be considered j1aai according to! the US Army Corps: 6f Engineers. Diuisioni of Water Resources; Raleigh Regional Office; Water.,Quality Operations Section' . http:/iportal.ncdenr.org/web/wq/aps 1628'Mail Service Center, Raleigh, NC 27699-1628 :'t+ I Phone: (919) 791=4200 ,''' Location: 3.800 Barrett Drive, -Raleigh, NC'27609 Ii! Fax: (919) 788-7159 11 a lit - Daniel Site Wake County October 4, 2017 Page 2 of 2 This on-site determination shall expire five (5) years from the date of this letter. Lando-,vners or affected parties that dispute a determination made by the DNVR 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: DWR — 401 & Buffer Permitting Unit, 161 7Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DiiR — 401 & Buffer Permitting Unit; 512 J1: Salisbury Street, Raleigh. NC 27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If v ave questions regardi this determin 19n, please feel free to contact Stephanie Goss at (919)791-4256. tncerel ' annv Smith Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy David Gainey via e-mail at ddgainey a :a`*ecolo2ical conl 17-338: Daniels Site ApF f As 2 s82 Ir �. a A F3 Wrn FE Ap82 2 AsB I P� A A B: Not Subject A9$ ApB2 Wo -, 11 rt• A Subject Ap B ell :z GU Ap 0 C: Not Subject B: Not Subject x D -Terrible Creek: Subject N oCr* IIS �T Map provided by NCDEQ Division of Water Resources Site boundary: s I� locations are approximate and are provided for reference only :: 17-338: Daniels Site F f% Pond 1: Not ����'tr Subject 35� JD: Terrible i d Creek; Subject 11 r ��J 1 tJ� +4ATE\o Map provided by NCDEQ Legend' / Division of Water Re r� \\\ a sources -Approximate Site boundary: Aj�� i Locations are approxi- mate and are provided for reference only 1 A Subject f tjfJlFj `` KElrl LIC Jt i A w d 111 1� DR �# Roy Cooper, Governor NC DEPARTMENT OF 00NATURAL AND CULTURAL RESOURCES Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship NCNHDE-10040 August 15, 2019 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Forest Bluff Estates Subdivision; 2017.52 Dear Sean Clark: 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: 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 - -;cCr.CGV or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL. AND CULT l kl A v 121 w. JONES STREET. RALEIGH. NC: 27603 • 1651 M4,111 SERVICE CENTER, RALE GH. NIC 276013 Qa OFC 919 7Q7>+'_G - FAX TI`; 7079121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Forest Bluff Estates Subdivision Project No. 2017.52 August 15, 2019 NCNHDE-10040 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 Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004 -Pre H? 5 -Very --- Significantly G5 S2? Damselfly Low Rare No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type NC Division of Mitigation Services Easement NC DECD, Division of Mitigation Services State Definitions and an explanation of status designations and codes can be found at',)t`os://ncnhde.natureserve.orq/con'ent/help. Data query generated on August 15, 2019; source: NCNHP, 03 Jul 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-10040: Forest Bluff Estates Subdivision N r, W+L S August 15, 2019 Project Boundary ❑ Buffered Project Boundary Managed Area (MAREA) Page 3 of 3 P, 1 .Mocks Village 1:22,449 0 0.175 0.35 0.7 mi 0 0.3 0.6 1.2 km Sources: Ean, HERE, Germin, Inw—p, Ino.—ht P Carp., GEBCO, USGS, FAO. NP5, NRCAN, G -Bene, IGN, Kedaster NL. Ordnance Survey, Ea. Japan, METI. Eeri China (Hong Kong). (c) OP-StreetMap contributors, and the GIS Uaer Community y" O, - Qc KEN DR Legend CS Cr ; Q Project Boundary -- USGS Topographic Map Fuquay-Varina Quadrangle CHATHAM WAKE ll� Daniels Site Sage Project #2017.52 )OHNSTON LEE HARNETT September 8, 2017 Figure 1 Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 0 300 ft `i 1�«cW Ood fir 2' a WARREN J GRANVILLE"J ORANGE] DURHAM L1 C~ A� House (Daniel Farts) House (Daniel Farm) WA1118 WA1118 SL SL R Project Study Area - 12 -Mile Buffer Project Study Area Study List Boundary Study List Property F] Surveyed Only Property In4P I`VtaLIun Rowland Farm WA1119 SL Rowland Farm WA1119 SL NCSHPO Properties and Boundary Map Forest Bluff Estates Sage Project #2018.52 N August 15, 2019 0 625 1,250 Feet Figure 4 Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 WARREN J GRANVILLE"J ORANGE] DURHAM FRANKLIN NASH WAKE CHATHAM WILSON JOHNSTON LEE HARNETT WAYNE Rowland Farm WA1119 SL Rowland Farm WA1119 SL NCSHPO Properties and Boundary Map Forest Bluff Estates Sage Project #2018.52 N August 15, 2019 0 625 1,250 Feet Figure 4 Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 EDWARD B BREITSCHV9ERDT. CANDACE K WHI i= ANNE S BRIETSCHW'ERUT RO FRT M. MCKANE 0 . 30'u`. P. 929 lens D.B. 15 IC FGA02 B.O.M 19F PG. 1137 N2077527 :1 5 f N 2002. PG 1127, ZONED 1qA WIRE FENCE TO REMAIN UNTIL E: 660516.39 7:014FD: RLO PIN# x)(37917' THE'IWNER RELOCATES IT.. Plh� 0679 445T, \ _ _ ✓_ J,dq LrrrE EDYJARD B FRET H' 1FP.CT. 7—_ ANN'E5 BPEIT - 4 Y+ER.OT ROBERTGTREXLER.7RUSTOR MAST.PG.E,97 r —..' -_.t_(\ I 1 I \_'\1)8 309. .:29 \ B.OM 1563 PG IN B.O.M.2IX:3. PG. 102 I SIIII I I i'/,�s�""�^• I�1`f\i ` � ZONED RA 02NED: RD IPERMANENT WETLAND D fPNxu 78Wfi 56 PINO06784465 x CIMPACTAREA=0.106ACQD 1 w , (4 62926 SF) ga A r ( 1 RICHARD ROBIN80N OL 'FEN POBINSrOIJ - D.e.10905 '7- - /\�/ ✓`, \ \�y 11 BONONE7: RPLGD102 IL PI*06r904375 % iHIS E PROPERTY I MEERRI CRAON PCN HBW LINEREFERENCE tONLY ALL LNS11REMEh,94ADF.?JRCFEYLN., I.ItJf. JASON RMASlG11 SUSAN NA K MAa42f/ 3. r• 1920 _ f - 1..._.07 .1 \... 11 y / 1... B G M. moa P0'. 117 - -+ I. F 1 1 ..... JY 1 �j / = Z--HEt7: RLD 0 1 4a P PlNO067tra17 Q1, 6 / \ HUGH F. BANNARD J 5 r. _ T I _ / - uNDaM BANrJARD / / / y+- -k / ! I \�- I .- ��Imo- d{lF R v BRUCEA .W L h D.B. 1f�fi15 Pr.a 9 - ✓ S6 ( I r >�9 - I I k_- .. / J''! I L \}� DENNI M. WALLACE 13 Re 4 J�{' \ D.8 14413 PG 1789 PIZONED: RJID I {, i '1 - ` I - J/// 0114 I \10 \ f 6 '"l i -'Y/ \ `Y`7 \ \ j i +1,1 II\ r �` SO 21 P 43-' J z F D PA f ) l — -- 'I 305 - •'�1 \ i - l I f \ PIPJtl C6787091a3 DYIO . MUP.00CK - � ) I -- --Y nalaas.Pc.1a7B 80M.2002, PG. 1723 NONED-RLQ PIZ9067769WJ . n_�__J_�T ...._ `�. ARTHUR N. VANDO G�/C fN-fy-.\\`ice NANC'fH YANDO 42 f/"/ \rte\ D E. 10365. PG 2237 z j r -- —�_ - 17 7- !, r - -r 7� III 6s w 1 t 1 i +I_µ S ON 26172, PG. 1726 r ZONED PLD L \ PERMANENT WETLAND +-� .y` ..-_1%/ / IMPACT AREA 0094 AC » a, 7 L i r i (367931 SF). / _ y !�/ % 1 � JAQUCLINEY. BODKE`v. ~/. D3. 151Y3 Pr Pt.. B ,M 2002 PC, 1729 ! // / I .-1 I- I+L_..__.. / �•7 ;� , ,_'i IGNFD. RL.D I // I 7 _ !� - J ' / / l ,i ` / i --'7 - ..... _ ) /i i -f' } \ I+ VL\ BRUCEA JY LACER , DF.NNISE M hAL.IA- E i ^ V t ✓ / 40 I I 1 39 I 38 h� 290-�l1 yr// II ° 8/11,21111/ 455 BRET M. MOULC /�' I 35 ! I 1 [ �`" _ - _ �Yt._.�- 1 - �/ /( /f I l' ZONED: RA KELLY B MOULE -_ (� j I - -_ . _. _ . ! ! - -\' f r �- ' r ��' 1 PIN, ".,,677591376 D B. 15565 PG. iT I In+ - / - % _ 34 / T TEMPORARY WETLAND B.OM. 2002. PG 1728 �� ../- 20NEO: FID .aema y,�_`_✓--. .. L 1,A .__-- /. _- ACT AREA=0.016 AC - r �_--k- PING W7694W9 / 0-x1 ;Z. -(J _ I (711.725 I _i..Cti 28 \\� f"1, v W ! r 33 RETURN BACK TO ORIGINAL _ -I$ r_� f 1 GRADE ONCE THE UTILITY I 1` 1 Xrt 1 „2901. m'R✓ '' - - `,3=.4 y "#'Xd - HAS BEEN INSTALLED. _. ' ,w1, 'j DUT-216 CREEK. MOA ' va D B 4163- PG.1756 I 3> • ,yam \� �� \ � - �. � ` f ! ' 1 � rajyT 1ry1YP.�"_..__—_— G 0 M 2002, PG,1728 RAYMOND ELLIS ZONED RLL\i+�/ PINti 35716Ja424 9 �-� \�-\ Y i `\` \�v/ -6` r (�� GB. 3248, PG -815 LYNWUCD DkN I`l. ET AL \ / _._ *7T / ZONED: RA DB 11511 P 3a�JIe ��� / PLNn na9x2a PIPJa 057683743 26' +1H \1wOvUttT27.. r -?7277 s 4 Te�5 _Y �- WANE CO. N FLOGD , ,.- Oti SCALED FRS 'u_O oOtS LINE - - _ - _ rx. JpAUIS.MAPPING DEMOLITION NOTES: 1. CONTRACTOR SHALL NOT BEGIN ANY DEMOLITION WORK PRIOR TO APPROVAL AND ISSUANCE OF LAND DISTURBANCE PERMIT ISSUED BY TOWN OF FUOUAY-VARINA. 2. CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGE DONE TO EXISTING TOWN OF FUOUAY-VARINA INFRASTRUCTURE, PRIVATE UTILITY, COMPANY INFRASTRUCTURE, OR ADJACENT PROPERTY OWNER'S PROPERTY. 3. DEMOLITION OF STRUCTURES ANDIOR UTILITIES BASED ON EXISTING CONDITIONS SURVEY. IF FIELD CONDITIONS DIFFER FROM THOSE SHOWN ON THIS PLAN THAT REWIRES ADDITIONAL DEMOLITION, THE CONTRACTOR SHALL NOTIFY THE OWNER ANDIOR THE ENGINEER PRIOR TO PROCEEDING WITH REMOVAL OF STRUCTURE AND/OR UTILITY. 4. CONTRACTOR IS RESPONSIBLE FOR COORDINATING RELOCATION OR DEMOLITION OF PRIVATE UTILITIES WITH THE PROPER PRIVATE UTILITY COMPANY. 5. CONTRACTOR IS RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING A TRAFFIC CONTROL PLAN PER NCDOT AND MUTCD STANDARDS. 6. CONTRACTOR IS RESPONSIBLE FOR THE SECURITY OF HISMER EQUIPMENT AND MATERIALS STORED ON-SITE DURING CONSTRUCTION. 7. ANY PAVEMENT CUT SHALL BE DONE AS A FULL DEPTH SAW CUT WITH LINES STRAIGHT AND NEAT. 8. ALL DEMOLISHED MATERIALS SHALL BE DISPOSED OF OFFSITE IN A LAWFUL MANNER. 9. CONTRACTOR IS RESPONSIBLE FOR ANY TEMPORARY UTILITIES NEEDED DURING CONSTRUCTION. 10. ALL CLEAR CUTTING MUST BE IN COMPLIANCE TO CHAPTER 9, ENVIRONMENTAL PROTECTION CODE, ARTICLE G, RIPARIAN BUFFERS AND ARTICLE H, CLEAR CUTTING AND PROTECTION OF `HERITAGE' TREES TO BE FURTHER SHOWN IN DETAIL AT THE SUBDIVISION CONSTRUCT10N PLAN SUBMITTAL, AS SHOWN HEREIN. 11, PRIOR TO FILLING OF WETLANDS, ALL 401 8 404 PERMITS SHALL BE OBTAINED FROM NCDENR 8 USACE. N SCALE:1 IN = 80 FT 90• 40' B 80' 160' SCALE IN FEET HORIZONTAL Projects shall be constructed according to the Standard Specifications and Details in effect at the time the project receives Town approval for construction. The Contractor must have a complete set of stamped plans and specifications on the jobsite any time —1, is being performed. Stamp shall be affixed to plans below: LYNW'OODEtt IE ETA.C. D.R. 16411 S Z J GC PtN REVISIONS PROFESSIONAL'S SEAL 11,rrrrr 6C6w pQ• •.Ssy. �,t•''�, Y FOR _6TAN5TRUC QN ��'•�' ' y'• GINE: � �� O�iQf •S'Q��_S= CONSULTANT E 91, �p ° ae 7 Ir+glsssr Curry �'Pf' ENGINEERING �N11p� NC LIC. NO.P-0799 CLIENT J. Wayne Massengill 6600 Brookshire Drive Fug552.7650( NC 27526FOREST 919.552.7650 (v)�FCgt 919.557.5333 (f)FOR 919.614.2909 c ( ) Contact: Wayne Massengill email: JWMBuilders@ne.rr.com CONSTRU T/ NDRAW/NGS BLUFFESTA TES SUBD/V/S/ON ENVIRONMENTAL IMPACTS MAP y ,/ EX -U 0t9 N _ REVIEW ONLY NOTFORCONS7RUCTION _ DATE: APRILNol:z.scaEa•=917 FILE N0. 2017-M ORI G. SNEET SIZP 24x36