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.
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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•''�,
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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