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HomeMy WebLinkAbout20191215 Ver 1_Modifications_20190913DWR MOM— of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) September 29, 2018 Ver 3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq. nc.gov/WaterResources/0/edoc/624704/PCN / 20Help % 20File % 202018-1-30. pdf A. Processing Information County (or Counties) where the project is located:* Wake Is this project a public transportation project?* f Yes r No This is any publicly funded by rrunicipal,state a federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps:* W Section 404 Permit (wetlands, streams and waters, Clean Water Act) F_ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* P Nationwide Permit (NWP) r Regional General Permit (RGP) F- Standard (IP) This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E -PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* r Yes r No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): MN18 for impact W1 (0.036 acres) as this is part stormwater and part greenway trail. list all NN nuntoers you are applying fa not on the drop down list. 1d. Type(s) of approval sought from the DWR:* check all that apply V 401 Water Quality Certification - Regular r Non -404 Jurisdictional General Permit r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* r- Yes r No r 401 Water Quality Certification - Express W Riparian Buffer Authorization * O Yes r No O Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from nitigation bank or irnlieu fee program r Yes r No Acceptance Letter Attachment dickthe upload button a drag and drop files hereto attach docurrent Devon Square - RES Buffer SOA.pdf FLETYFEK4 TBERF 124.61 KB 1h. Is the project located in any of NC's twenty coastal counties?* r Yes r No 1j. Is the project located in a designated trout watershed?* C Yes r No Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Bob Zarzecki, S&EC 2. Owner Information 2a. Name(s) on recorded deed:* 1c. Primary Contact Phone:* 1b. Primary Contact Email:* (Xx )x -x bzarzecki@sandec.com (919)270-2068 1d. Who is applying for the permit?* C Owner 17 Applicant (other than owner) (Check all that apply) 1e. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed:* Pleasant's Family, LLC 2b. Deed book and page no.: 8221/701 2c. Responsible party: (for Corporations) Beth Pleasants McCain (c/o contact contract purchaser, John Myers to reach owner) 2d. Address* Street Address 3023 Devonshire Drive State / Frovince / Ragion Address line 2 NC City State / Frovince / Region Raleigh NC F stal / Zip Cade Country 27607-6619 USA 2e. Telephone Number:* (919)306-3330 2f. Fax Number: (XM)xxx-XXM 2g. Email Address:* john@jpmsouth.com 3. Applicant Information (if different from owner) 3a. Name: John Myers 3b. Business Name: (ff applicable) JMRS ONE 3c. Address* Street Address 7208 Falls of Neuse Road, Suite 101 Address Line 2 City State / Frovince / Ragion Raleigh NC Rstal / Zip Cade Country 27615 USA 3d. Telephone Number:* (919)306-3330 3e. Fax Number: (xxx)xxx-xxxx (xxx)xxx-xx�oc 3f. Email Address:* john@jpmsouth.com 4. Agent/Consultant (if applicable) 4a. Name:* Bob Zarzecki 4b. Business Name: (if applicable) Soil & Environmental Consultants, PA 4c. Address* Street Address 8412 Falls of Neuse Road Address Line 2 Suite 104 CKY Raleigh Postal / Zip Code 27615 4d. Telephone Number:* (919)846-5900 (xxx)xxx-xxxx 4f. Email Address:* bzar7ecki@sandec.com Agent Authorization Letter* Ftease provide the Agent Authorization Letter d you are submitting this document. Devon Square - Pleasant's S&EC Agent Authorization.pdf Devon Square - JMRS One S&EC Agent Authorization. pdf FLEiYFEM.STBEFIF State / Rwince / FEgicn NC Country USA 4e. Fax Number: (919)846-9467 (xxx)xxx-xxxx 39.26KB 59.25KB 2a. Property Identification Number: 2b. Property size: C. Project Information and Prior Project History (in acres) 1841187608 66.67 1. Project Information L^j 1a. Name of project:* DEVON SQUARE SUBDIVISION 1b. Subdivision name: (if appropriate) State / Rovince / fagion Devon Square NC 1c. Nearest municipality/ town:* (buntry Wake Forest USA 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax FN or parcel Q (in acres) 1841187608 66.67 2c. Project Address Street Address 13120 Capital Boulevard Address Line 2 City State / Rovince / fagion Wake Forest NC Postal / Zip (ode (buntry 27587 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude: * Longitude:* 35.998244 -78.519672 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Richland Creek (Stream Index No. 27-21-(1.5)) 3b. Water Resources Classification of nearest receiving water:* WS -IV; NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12 -digit HUC in which the project is located.* 030202010701 River Basin Lookup 4. Project Description and History 4a. 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 majority of the property is vacant woodland with a few rural homesites along Capital Blvd. / US1. The west side of the property is bordered by US -1 highway / Capital Boulevard. The south side is bordered by the existing Straffordshire residential subdivision. The Town of Wake Forest (ToWF) E. Carroll Joyner Park is located along the east side. And, vacant woodland along Harris Road exists to the north. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Cick the upload button a drag and drop files here to attach decurrent Devon Square - USGS.pdf 2.47MB File type must be pdr 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) nick the upload button or drag and drop files here to attach document Devon Square - SS.pdf 3.41 MB File type rust be pdr 4f. List the total estimated acreage of all existing wetlands on the property: 1 4g. List the total estimated linear feet of all existing streams on the property: (intemittent and perennial) 1,300 4h. Explain the purpose of the proposed project:* To construct a residential subdivision. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project includes the construction of a residential subdivision including upwards of 40 single family homes and 148 townhomes (the total numbers of units are subject to change pending final ToWF approvals). The proposal includes a 50' naturally wooded buffer along the Joyner Park boundary and a 30' berm and buffer along the Straffordshire boundary. Heavy earth moving equipment such as excavators and dump trucks will be used. 4j. Please upload project drawings for the proposed project. dickthe upload button a drag and drop files hereto attach docurrent Devon Square - IMPACT MAPS (updated 10Sept19).pdf 2.91 MB File type crust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No f Unknown Comments: S&EC, PA delineated the WoUS and James Lastinger of the USACE field verified a PJD for the property. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r NIA Corps AID Number: Fxarrple: SAW2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): James Lastinger / Bob Zarzecki Agency/Consultant Company: USACE/S&EC Other: Jeremiah Dow/ NCDWR 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. James Lastinger (USAGE) field verified the PJD on October 16, 2018. (Project # & PJD (attached) to be issued along with NWP29 verification.) Jeremiah Dow (NCDWR) Neuse Buffer onsite determination October, 3, 2018. (RRO#18-356 attached) 5d1. Jurisdictional determination upload Click the upload button or drag and drop files here to attach document Devon Square - PJD Request 10-09-2018 (signed).pdf 5.74MB Devon Square - DWR RRO 18-356_10-4-18 (reduced).pdf 644.64KB File type rust be RF 6. Future Project Plans 6a. Is this a phased project?* r- Yes c No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. The eastern portion of the property is being reserved for future development not yet planned, but anticipated to become a retail shopping center some day. The stream, wetlands and buffers that bisect the proposed Devon Square residential for this future development Wil be preserved oath the exception of the road crossing and impacts requested in this application. No future impacts are anticipated. D. Proposed Impacts Inventory v 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries m Buffers r- Open Waters r Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2g. Total Temporary Wetland Impact 0.014 2g. Total Permanent Wetland Impact 0.047 2g. Total Wetland Impact 0.061 2h. Comments: All temporary wetland impacts will be restored by returning to original grade and seeded with a wetland seed mix. 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. "S" will be used in the table below to represent the word "stream". F 3a. Reason for impact * (?) 3b.lmpact type * 3c. Type of impact* �3�name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 2a1 Reason * (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* 2f. Type of Jurisdicition*(?) 2g. Impact area* W1 greenway trail & P Seep W1 Both 0.036 Perennial stormwater pond 6 Average (feet) 60 (linear feet) (acres) W3-3 road crossing P Headwater Forest W3 Yes Both 0.011 (acres) W4-2 temporary construction T Headwater Forest W4 Yes Both 0.006 for road crossing (acres) W5-4 temporary construction T Headwater ForestW4/5 Yes Both 0.008 for retaining wall (acres) 2g. Total Temporary Wetland Impact 0.014 2g. Total Permanent Wetland Impact 0.047 2g. Total Wetland Impact 0.061 2h. Comments: All temporary wetland impacts will be restored by returning to original grade and seeded with a wetland seed mix. 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. "S" will be used in the table below to represent the word "stream". F 3a. Reason for impact * (?) 3b.lmpact type * 3c. Type of impact* �3�name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 road crossing EXH-1.0B 9 ( ) Permanent Culvert LT to Richland Creek Perennial Both 6 Average (feet) 140 (linear feet) g2 temporary construction for road crossing (E)H-1.0B) Temporary Workpad/Causeway Ui to Richland Creek Perennial Both 6 Average (feet) 60 (linear feet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 140 31. Total temporary stream impacts: 60 31. Total stream and ditch impacts: 200 3j. Comments: Only 140 LF will result in permanent stream loss. The reamining 60 LF is requested for temporary construction access for dewatering and pump around to install the 127 LF 42" RCP culvert in the dry. The temporary stream impact areas Will be restored by returning the stream to original grade and dimensions and stabilizing the banks With core fiber matting and seeding. No riprap inlet protection or outlet dissipater is anticipated to be required. 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 6a. Project is in which protect basin(s)?* O-eck all that apply. P Neuse r Tar -Pamlico F Catawba r Randleman F Goose Creek r Jordan Lake Other 6b. Impact Type *(') 6c. Per or Temp*(') 6d. Stream name * 6e. Buffer mitigation required?* 6f. Zone 7 impact* 6g. Zone 2 impact* BZ1-1 & BZ2-1 (E)Q+1.0A - BMP discharge)P UT to Richland Creek No 482 782 (square feet) (square feet) BZ1-4,6 & BZ2-3,5 (E)1+1.OA- Sewer P UT to Richland Creek No 1,944 1,225 Easement) (square feet) (square feet) BZ1-8,10 & BZ2-7,9 (E)Q+1.0B - Road P UT to Richland Creek14,310 Yes 10,182 Crossing) (square feet) (square feet) 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 16,736.00 12,189.00 ........ ..... .. ............. Zone 1 Zone 2 Total combined buffer impacts: 16,736.00 12,189.00 61. Comments: Note the the TOWF 100' buffers are also shown on the attached plans, not just the 50' Neuse Buffer. The proposed road crossing was "wrapped" around the high quality wetland 4/5, but could not avoid the associated buffer impacts, even with the use of extensive headwalls. Buffer mitigation is proposed to offset these impacts. Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc. Click the upload button a drag and drop files here to attach docurrent Devon Square - IMPACT MAPS (updated 10Sept19).pdf 2.91 MB File nest be KF E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* S&EC delineated all wetlands, streams and Neuse Buffers prior to site plan development. The project engineer used this delineation to avoid impacts to the maximum extend possible and minimize impacts where they could not be avoided. The road is required by the ToWF and NCDOT as essentially a "service road" to help alleviate local traffic on US1 highway and also provide primary access into the subdivison. The location of this important roadway was by it's connction to Harris Road and distance from the US1 intersection, property boundaries and allocated speed limit. All effort was made to avoid impacts to the stream, wetlands and Neuse Buffers. However, due to design constraints the road had to cross where it is proposed and thereby could not avoid impacts. Extensive efforts were made to avoid impacts to the high quality wetland 4/5 and minimize impacts to the stream and buffers. These efforts included the tight curvature of the road, width of the road and most notably the extensive use of retaining walls. The sanitary sewer crossing furthern downstream will be an aerial crossing. While final desing has not yet been completed, the invert of the pipe will be well above the bankfull elevation of the stream and the location of the piers will be beyond the OHWM of the stream. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* The project will obtain an erosion control permit from the ToWF along with a post -construction stormwater management permit which will help avoid and minimize unanticipated impacts to downstream WoUS both during and after construction. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The total permanent stream impacts is less than 150 LF and wetland impacts less than 1/10th acre. Both, belowthe typical thresholds for mitigation NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. LFStormwater Management and Diffuse Flow Plan (required by DWR) u — Recent changes to the stormwater rules have required updates to this section .- 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? F- Level Spreader F_ Vegetated Conveyance (lower SHWf) F- Wetland Swale (higher SHWT) P Other SCM that removes minimum 30% nitrogen r Proposed project will not create concentrated stormwater flow through the buffer (check all that apply) For a list of options to meet the diffuse flow requirements, click here. Diffuse Flow Documentation dick the upload button or drag and drop files here to attach document File type must be FDF 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r^ Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* r^ Yes r No To lookup low density requirement click here 15A NCAC 02H.1003(2). 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?* C Yes r No Hnt: projects that have vested rights, exemptions, a grandfathering from state a locally irrplenented stormwater prograns or projects that satisfy state or bcally-inplen ented starrwater programs though used corrmunity in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* W Local Government r State If you have a local gmemnent approval please include the SNPon their overall impact mep. Local Government Stormwater Programs* W Phase II W NSW F USMP W Water Supply Please identifywhich local government stormwater program you are using.* Town of Wake Forest, NC Comments: The project exceeds the low density requirements, but still proposes around 26% open space. A large, stormwater wet pond designed to both ToWF and DEQ standards is proposed to treat stormwater runoff from the site. The wet pond is shown on the plans. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* f Yes r No 3b. If you answered "no," provide a short narrative description. The project is a residential subdivision which typically is not anticipated to result in additional development that could leave to downstream water quality issues. However, if it were the ToWF (Richlan Creek water supply 100' buffers, etc.) and DEQ stormwater regulations (NSW 50' Neuse Buffers, Phase II, etc.) should protect such water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r- No r N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater from the site will be sent to the City of Raleigh (COR) sanitary sewer system (which provides utilities to the ToWF) and treated at the COR water resource recovery facility / treatment plant. The COR and DEQ will ensure that adequate capacity emsts. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r^ Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r^ Yes r No 5d. Is another Federal agency involved?* r Yes r No Se. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?* r Yes r No 5g. Does this project involve bridge maintenance or removal?* r Yes r No Link to the NLEB SLOPES document: http://savHeg.usace.amiy.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?'* r Yes r No r Unknown Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* NC NHP & FWS websites. No known Federally listed species east within 1 mile of the project area. While the project Will involve cutting trees, trees Will be maintained within 50' along the park boundary and within the 100' ToWF stream buffer areas with the exceptions for the requested impacts. The largest trees most likely suitable for NLEB habitat would be located in these areas. Blasting or percussive activities is not anticipated for the construction of this project. Preliminary clearing and grading work is anticipated to occur outside of the NLEB pup season. Consultation Documentation Upload Qick the upload button a drag and drop files here to attach docurrent File type rmst be FDF 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA EFH Mapper. The project is located in the NC piedmont region well beyond any EFH areas. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: hftp://gis.ncdcr.gov/hpovveb/ 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* There are no identified sites on the property. The attached map shows the adjacent sites. The only site on the National Register is "Wakefields" house and acres across US1 highway from this property. No impacts to this site are anticipated. E. Carroll Joyner Park to the east is on the SHPO survey only list, but not the National Register. The project will maintain a 50' naturally wooded buffer along the park boundary. Beyond this buffer on the park property are additional woods and greenway trails that extend hundreds of feet wide along with parking lot and a newly constructed community center all between this project and any of the potentially hisotorically outbuidlings, pecan grove and other sensitive areas on the park. As such we are not anticipating any impact (visual or otherwise) to the park in association with this project. 7c. Historic or Prehistoric Information Upload Click the upload button a drag and drop files hereto attach docurrent Devon Square - SHPO.pdf File crust be PIT 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* NC Floodplain Mapper website & FEMA DFIRM. Miscellaneous Comments Miscellaneous attachments not previously requested. dick the upload button or drag and drop files here to attach decurrent File crust be RIT a KNE Signature W By checking the box and signing below, I certify that: 455.69KB • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND . I intend to electronically sign and submit the PCN form. Full Name:* Bob Zarzecki Signature Date 9/13/2019 u fires EBX Buffer Mitigation Banks Statement of Availability September 13, 2019 NC Division of Water Resources Stephanie Goss 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Devon Square This document confirms that JRMS One, LLC (Applicant) for the Devon Spuare (Project) has expressed an interest to utilize 58,203 Spuare Feet of Riparian Buffer Mitigation Credits from one of the following banks, EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Specific bank sites that may be debited are Arrington Bridge I, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek and Polecat, all located in HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC and EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1075 or cparker@res.us if you have any questions. Best, ��FT� Caitlan B. Parker Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Bank Sponsor — EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX)