HomeMy WebLinkAbout20110335 Ver 2_401 Application_20121012WITHERS &- RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
1410 COMMONWEALTH DRIVE, SUITE 1o1
WILMINGTON, NORTH CAROLINA, 28403
(910) 256 -9277
FAX (91o) 256 -2584
TO: NC Division of Water Quality — 401 Wetlands Unit
165o Mail Service Center
Raleigh, NC 27699
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
11 - 0335 v a.
LETTER (C)F TFANS AMAL
DATE 10/11/12
76 -NO. 02110265.00
ATTENTION Mr. Ian McMillan
PHONE # 919-807-6364
RE: Crabtree Village Buffer Authorization Request
10/11/12
02110265.00
Crabtree Village Buffer Authorization Request
1
10/11/12
0211026 .00
® Attached ❑ Under separate cover via
❑ Prints ❑ Plans ❑ Samples
❑ Change order ❑ Diskette ❑
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
3
10/11/12
02110265.00
Crabtree Village Buffer Authorization Request
1
10/11/12
0211026 .00
CD of Submittal Packet
-T
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
❑ Resubmit
❑ Submit
❑ Return
copies for approval
copies for distribution
corrected prints
REMARKS:
COPYTO: File SIGNED: Troy Beasley
If enclosures are not as noted, kindly notify as at once.
WITHERS � RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
October 11, 2012
NC- Division of Water Quality
401 Wetlands Unit
Attn: Mr. Ian McMillan
1650 Mail Service Center
Raleigh, NC 27699
Re: Crabtree Village — Buffer Compliance Request
W &R Project 402110265.00
Dear Mr. McMillan,
On behalf of Pappas Properties, LLC, we are requesting Buffer Compliance from NC -DWQ for impacts to
Neuse River riparian buffers associated with the proposed project.
The project is ±24 acres in size and is located north of the intersection of Crabtree Village Avenue and Blue
Ridge Road in Raleigh, Wake County (Latitude: 35.834925N; Longitude: - 78.678692W). The project site is
bordered to the south by Blue Ridge Road, to the east by Crabtree Valley Avenue and to the north by Edwards
Mill Road. The project is located in the Neuse River basin and onsite waters drain to House Creek, which is a
tributary of Crabtree Creek. The Water Quality Classification for House Creek is C; NSW and the Stream Index
Number is: 27- 33 -13. The cataloging unit for the site is 03020201.
Proposed Project
The proposed project will be a mixed use development with both residential and commercial development.
Phase I consists of the construction of a multi - family apartment complex, with seven apartment buildings and
associated infrastructure (i.e. roads, parking, utilities) as well as a constructed wetland which will provide
stormwater treatment. Phase I also consists of improvements to Blue Ridge Road, which is required by the City
of Raleigh as a condition of approval of the project. The improvements to Blue Ridge Road include widening of
the existing road, construction of curb and gutter stormwater conveyance, and construction of a greenway trail.
The widening of Blue Ridge Road will require new curb and gutter to be installed to create a closed stormwater
system due to excessive velocities anticipated along the steep grade of the road. The curb and gutter will replace
the existing ditch conveyance of stormwater from Blue Ridge Road. The existing stormwater runoff from Blue
Ridge Road flows east through an existing ditch and into House Creek. Due to the steep slope, the existing ditch
will be replaced with a pipe to safely convey stormwater runoff into House Creek without eroding the stream
banks. The existing headwall will be extended to accommodate the outfall of the proposed stormwater pipe.
The future phases of the Crabtree Village will consist of commercial development. However, the future
commercial development has not been designed to date, but will not require impacts to wetlands, streams or
riparian buffers.
111 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 1 fax: 919.467 -6008 1 www.withersravenel.com I License No. C -0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584
416 D Gallimore Dairy Road I Greensboro, NC 27409 1 tel: 336.993.5504 1 fax: 919.467.6008
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
Project HiAM
An application, dated April 5, 2011, was submitted to the Corps of Engineers (AID SAW- 2012 - 00994) and NC
DWQ (DWQ Project 4 11 -0335) for the proposed Crabtree Village project site under the Crabtree Village project
name. The application requested stream and buffer impacts for a proposed culverted road crossing of House
Creek. The applicant was Redus NC Land, LLC. NC DWQ issued a Request for Additional Information Letter
on May 10, 2011. The original Crabtree Village project was abandoned by the applicant, and a response to the
Request for Additional Information Letter was never submitted and the application was withdrawn from DWQ.
The Corps of Engineers issued a NWP 39 for the proposed impacts for the previous Crabtree Village project, and
issued a JD for project site in conjunction with the issuance of the NWP 39, which is valid until June 10, 2016.
A copy of the NWP 39 has been provided as an Appendix.
Please note that the Crabtree Village project was redesigned for Pappas Properties, LLC, and the culverted road
crossing of House Creek was removed.
Proposed Impacts
The proposed impacts consist of 755 sq ft of permanent impacts to Zone 1 and 400 sq ft of permanent impacts to
Zone 2 for construction of the outfall for the constructed wetland BMP; as well as 515 sq ft of permanent
impacts to Zone 1 and 289 sq ft of permanent impacts to Zone 2 for improvements to Blue Ridge Road and
installation of the stormwater pipe within the existing ditch which conveys stormwater from Blue Ridge Road to
House Creek.
In a meeting on August 21, 2012 between Annette Lucas (DWQ) and Hunter Freeman (W &R), it was
determined that the conversion of the ditch outfall from Blue Ridge Road to a piped outfall was permissible
because the there was an existing surface outfall in this location, and the outfall improvements were necessary to
prevent stream bank erosion due to the steep slope of the outfall. It was determined that this conversion could be
considered maintenance of an existing outfall structure. While diffuse flow is not required for this outfall, the
design includes a rip -rap dissipater pad to reduce the velocity of the stormwater to prevent erosion.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts
to jurisdictional "waters" and riparian buffers could be minimized. The proposed project is being constructed
entirely in uplands. The proposed buffer impacts are the result of the roadway improvements required by the
City of Raleigh and for the construction of an outfall for the constructed wetland BMP. Also, the stormwater
outfall from Blue Ridge Road has been designed to extend and existing headwall to stabilize fill rather than using
backslopes that would have encroached into House Creek.
Mitigation -
The proposed improvements to Blue Ridge Road will cross House Creek at a perpendicular angle and impact less
than 1/3 acres of riparian buffers, which is identified as an "Allowable" use. Also, per the meeting with Annette
WITHERS &- RAVENEL Page 2 of 3
ENGINEERS I PLANNERS I SURVEYORS
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
Lucas, the installation of the stormwater outfall pipe within the ditch along Blue Ridge Road would be
considered maintenance, which is also identified as an "Allowable" use. Therefore, there is no buffer mitigation
proposed.
Stormwater Management Plan
The Stormwater Management Plan will consist of a constructed wetland, which does not require a level spreader.
The Stormwater Management Plan has been reviewed and preliminarily approved by the City of Raleigh, with
final approval pending the issuance of the Buffer Authorization. Upon final approval by the City of Raleigh, a
copy of the approved Stormwater Management Plan will be provided to DWQ.
The current request is for 1,959 sq ft of buffer impacts (see the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
c C3
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• USGS Quad Map
• Wake County Soil Survey
• Corps NWP 39
• Impact Plans
WITHERS &- RAVENEL Page 3 of 3
ENGINEERS I PLANNERS I SURVEYORS
o�oF w a rF9o�
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
F-1 Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c.
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
1 e.
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 In
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Crabtree Village
2b.
County:
Wake
2c.
Nearest municipality / town:
Raleigh
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Redus NC Land, LLC CLA / ORE -Aster @ Crabtree Village
3b.
Deed Book and Page No.
BB:13954; Page: 0160
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3563 Phillips Hwy; Suite 601 E
3e.
City, state, zip:
Jacksonville, GL 32207
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Contract Purchaser
4b.
Name:
Alan Dean
4c.
Business name
(if applicable):
Pappas Properties, LLC
4d.
Street address:
111 Metropolitan Ave; Suite 235
4e.
City, state, zip:
Charlotte, NC 28204
4f.
Telephone no.:
704 - 716 -3600
4g.
Fax no.:
4h.
Email address:
adean @pappasproperties.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
(if applicable):
Withers and Ravenel
5c.
Street address:
1410 Commonwealth Drive, Suite 101
5d.
City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
910 - 256 -9277
5f.
Fax no.:
910 - 256 -2584
5g.
Email address:
tbeasley @withersravenel.com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID):
0795598141;0795594347;0795583726;0795580999;
0795580406;0795488454
1 b. Site coordinates (in decimal degrees):
Latitude: 35.834925 °N Longitude: - 78.678692 °W
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
±24 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
House Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C;NSW (Stream Index #27- 33 -13)
2c. River basin:
Neuse - 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 existing conditions of the subject property mainly consist of undeveloped land. The site contains and existing
structure and associated parking lot which was previously utilized as a restaurant. The land use in the vicinity of the
project consists of a mixture of residential and commercial land use, including the Crabtree Valley Mail, located north of
the project site.
3b. List the total estimated acreage of all existing wetlands on the property:
None
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
±725 If of perennial stream (House Creek).
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a mixed use development, with Phase I consisting of a multi - family
apartment complex, and the future Phases consisting of commercial development.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will be a mixed use development with both residential and commercial development. Phase I consists
of the construction of a multi - family apartment complex, with seven apartment buildings and associated infrastructure (i.e.
roads, parking, utilities) as well as a constructed wetland which will provide stormwater treatment. Phase I also consists of
improvements to Blue Ridge Road, which is required by the City of Raleigh as a condition of approval of the project. The
improvements to Blue Ridge Road include widening of the existing road, construction of curb and gutter stormwater
conveyance, and construction of a greenway trail. The widening of Blue Ridge Road will require new curb and gutter to be
installed to create a closed stormwater system due to excessive velocities anticipated along the steep grade of the road. The
curb and gutter will replace the existing ditch conveyance of stormwater from Blue Ridge Road. The existing stormwater
runoff from Blue Ridge Road flows east through an existing ditch and into House Creek. Due to the steep slope, the existing
ditch will be replaced with a pipe to safely convey stormwater runoff into House Creek without eroding the stream banks. The
existing headwall will be extended to accommodate the outfall of the proposed stormwater pipe.
The future phases of Crabtree Village will consist of commercial development. However, the future commercial development
has not been designed to date, but will not require impacts to wetlands, streams or riparian buffers.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Withers & Ravenel
Name (if known): Troy Beasley
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The Corps of Engineers issued a JD for the project site on June 10, 2011 in conjunction with issuance of a NWP 39 for
the previous Crabtree Village project (SAW- 2012 - 00994) under a different applicant. The JD is valid until June 10, 2016.
Please note that the previously permitted Crabtree Village project was never constructed and was abandoned by the
previous applicant. The Crabtree Village project has since been redesigned for the current applicant.
5. Project History
5a. Have permits or certifications been requested or obtained for
FEYes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
An application, dated April 5, 2011, was submitted to the Corps of Engineers (AID SAW- 2012 - 00994) and NC DWQ
(DWQ Project # 11 -0335) for the proposed Crabtree Village project site under the Crabtree Village project name. The
application requested stream and buffer impacts for a proposed culverted road crossing of House Creek. The applicant
was Redus NC Land, LLC. NC DWQ issued a Request for Additional Information Letter on May 10, 2011. The original
Crabtree Village project was abandoned by the applicant, and a response to the Request for Additional Information
Letter was never submitted and the application was withdrawn from DWQ.
The Corps of Engineers issued a NWP 39 for the proposed impacts for the previous Crabtree Village project, and issued
a JD for project site in conjunction with the issuance of the NWP 39, which is valid until June 10, 2016. A copy of the
NWP 39 has been provided as an Appendix.
Please note that the previously permitted Crabtree Village project was never constructed and was abandoned by the
previous applicant. The Crabtree Village project has since been redesigned for the current applicant.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The Crabtree Village project will be constructed in phases. Phase I consists of the construction of the multi - family
apartment complex and improvements to Blue Ridge Road. The future phases will consist of commercial development.
However, the commercial development has not been designed to date. The only jurisdictional features on the project site
are House Creek and its associated buffers. Therefore, the future development will not result in impacts to wetlands,
streams or buffers.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary (T)
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
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
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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.
Open water
impact number
— Permanent
(P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
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
P2
K Total
5g. Comments:
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:
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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.
❑ Neuse El Tar-Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason for
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
impact
Stream name
mitigation
(square feet)
(square feet)
or Temporary
required?
(T)
Outfall for
Impact 1
® P F-1 T
constructed
wetlands
House Creek
El Yes
® No
755 sq ft
400 sq ft
BMP
Impact 2
® P ❑ T
Road
Improvements
House Creek
❑ Yes
® No
515 sq ft
289 sq ft
6h. Total buffer impacts
1,270 sq ft
689 sq ft
6i. Comments:
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.
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to
jurisdictional "waters" and riparian buffers could be minimized. The proposed project is being constructed entirely in uplands.
The proposed buffer impacts are the result of the roadway improvements required by the City of Raleigh and for the
construction of an outfall for the constructed wetland BMP. Also, the stormwater outfall from Blue Ridge Road has been
designed to extend and existing headwall to stabilize fill rather than using backslopes that would have encroached into House
Creek.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The stormwater outfall from Blue Ridge Road has been designed to extend and existing headwall to stabilize fill rather than
using backslopes that would have encroached into House Creek.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this project?
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
3c. Comments:
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:
linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non - riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
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.
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)
Zone 2
1.5
6f. Total buffer mitigation required:
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:
Page 8of11
PCN Form — Version 1.3 December 10, 2008 Version
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: Stormwater from the proposed apartment complex will be treated in a
constructed stormwater wetland, which does not require diffuse flow. Also, per the
9/21/12 meeting between Annette Lucas (DWQ) and Hunter Freeman (W &R), the
conversion from a ditch to a piped outfall for stormwater drainage from Blue Ridge
❑ Yes ® No
Road to House Creek is necessary to build a stable a stable conveyance and
prevent stream bank erosion, and is considered maintenance of an existing outfall
structure. Therefore, diffuse flow is not required. The outfall has been designed
with a rip -rap dissipater pad to reduce the velocity of the stormwater to prevent
erosion.
2.
Stormwater Management Plan
60% for the Apartment Complex,
2a.
What is the overall percent imperviousness of this project?
but the impervious % for the
entire project will be less.
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater management plan consists of a constructed wetland with an outfall to
House Creek. The Stormwater
Management Plan has been reviewed and preliminarily approved by the City of Raleigh and will receive final approval
upon issuance of the Buffer Authorization. A copy of the final approval by the City of Raleigh will be provided to DWQ
upon issuance.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
City of Raleigh
® 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:
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
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
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)?
1 c.
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.
The project is located within a heavily developed area of Raleigh and is not anticipated to be a catalyst for future
development that could impact nearby downstream water quality.
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.
City of Raleigh sanitary sewer
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5.
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?
E] Raleigh
5c.
If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d.
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
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?
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?
8. Flood Zone Designation (Corps Requirement)
8a.
Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ❑ No
8b.
If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Troy Beasley — W &R
Authorized Agent
10/11/12
Applicant /Agent's Printed Name
Date
Applicant /Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION
WITHERS RAVEN EL
ENGINEERS i PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser Pandas Properties. LLC (Client) does hereby appoint Trov
Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the
appropriate local, state and federal environmental regulatory agencies (US Army Corps of
Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface
waters, riparian buffers, etc.) and /or; b) preparation and submittal of appropriate environmental
permit applications /requests for the Crabtree Village project.
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests /applications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Agent's Name, Address & Telephone:
Troy Beasley /Withers & Ravenel, Inc.
1410 Commonwealth Drive. Suite 101
Wilmington, NC 28403
Tel. (910) 256 -9277
Date: 10/11/12
Signature of Client:
Alan Dean Uce President
Na - Print} (Title)
1-(
(Signature)
1111 Metropolitan Ave: Suite 235
Mailing Address
Charlotte NC 28204
City State Zip
111 MacKenan Drive I Cary, NC 275111 tel.: 919.469.33401 fax: 919.467 -6008 1 www.withersravenet.com I License No. C -0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008
AERIAL PHOTO,
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CORPS NWP 39
FOR
PREVIOUS CRABTREE VILLAGE PROJECT
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2012 -00994 County: Wake U.S.G.S. Quad: NC- RALEIGH WEST
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Redus NC Land, LLC Agent: Withers & Ravenel
Bill Honaker Troy Beasley
Address: Vice President Address: 1410 Commonwealth Drive, Suite 101
8540 Colonnade Center Drive, Suite 111
Raleigh, NC, 27615 Wilmington, NC, 28403
Size and location of property (water body, road name /number, town, etc.): The property consists of approximately 24
acres located north of the intersection of Crabtree Village Avenue and Blue Ridge Road, in Raleigh, NC. The property is
bordered to the south by Blue Ridge Road, to the east by Crabtree Valley Avenue and to the north by Edwards Mill Road. The project
will impact House Creek, a tributary to Crabtree Creek and ultimately, the Neuse River. Latitude 35.8353445785536 Longitude -
78.6784674683484
Description of projects area and activity: Applicant proposes to permanently impact 96 linear feet of stream channel associated
with the construction of two road crossings of House Creek in the development of Crabtree Village, a mixed commercial /
residental facility. Specifically, the impacts are assocaited with road improvements to Crabtree Valley Avenue and Blue Ridge
Road, in Raleigh North Carolina and will impact a total of 60 linear feet at one crossing and 36 linear feet at the second
crossing.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 39 Commercial and Institutional
Developments.
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information received 7 Apr 2011. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or
appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 807 -6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jean Gibby at 919 -554 -4884 x24.
Corps Regulatory Official Date: _06/10/2011
Expiration Date of Verification: 03/18/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http:// per2 .nwp.usace.army.mil /survey.html to complete the survey
online.
Copy Furnished:
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued Action ID
Basis For Determination
The site exhibits evidence of an ordinary high water mark through destruction of terrestrial vegetation, pool and riffle
complexes, and changes in soil characteristics.
Remarks
Attention USDA Program Participants
This delineation /determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation /determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone: (404) 562 -5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by H l 0. . Jn wrxj�
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. **
Corps Regulatory Official:
Date: 10 June 2011 Expiration Date: 10 June 2016
Copy furnished:
IMPACT EXHIBITS
IMPACT. 1
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1" _ 1000'
, , IMPACT 2
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All
AUTHORIZATION REQUEST STATEMENT
THE PURPOSE OF THIS BUFFER IMPACT IS TO INSTALL
UNDERGROUND STORM DRAINAGE UTILITY PIPES FROM
PROPOSED STORMWATER MANAGEMENT BMPS
THROUGH THE NEUSE RIVER BUFFER INTO THE EXISTING POND.
PROPERTY OWNER:
0 500' 1000' 2000'
SITE LOCATION
0 100' 200' 400' REDUS NC LAND LLC
JACKSONVILLE, FL
SCALE: 1" = 1000'
SCALE: 1" — 200'
WITHERS RA E 0E L
ENGINEERS I PLANNERS I SURVEYORS
111 MocKenon Drive Cary, North Carolina 27511 tel: 919- 469 -3340 fax: 919- 467 -6008 www.withersrovenel.com
License No. C -0832
C R A B T R E E VILLAGE
PHASE 1
RALEIGH NORTH CAROLINA
EXHIBIT A
BUFFER AUTHORIZATION
LOCATION MAP
Designer W &R
Scale AS SHOWN
2
Drawn By
GAS
Date
10/10/2012
Checked By
W &R
Job No.
2110265.00
I
I
(
RIP —RAP VELOCITY
I
DISSIPATOR
CONSTRUCTED
WETLAND
-RAP
RIP VELOCITY
IDIS�PATOR
1
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\
IMPACT 1 \
\
/' IMPACT'Y'
,\
/
AREA OF BUFFER IMPACTS
ZONE 1: 755 SF
IMPACT 1
NEUSE RIVER ZONE 2: 400 SF
RIPARIAN BUFFER
ZONE 1: 515 SF
THERE ARE NO WETLANDS LOCATED
WITHIN THE PROJECT AREA.
IMPACT 2
0 10' 20' 40'
0 10' 20'
40'
ZONE 2: 289 SF
TOTAL: 1,959 SF
0.045 AC
SCALE: 1" = 20'
SCALE: 1" = 20'
C R A B T R E E VILLAGE
EXHIBIT B
Designer
W &R
Scale 1" = 20,
Drawn By
Date
WITHERS RA E 0E L
ENGINEERS I PLANNERS I
PHASE 1
BUFFER AUTHORIZATION
GAS
10/10/2012
SURVEYORS
111 MocKenon Drive Cary, North Carolina 27511 tel: 919- 469 -3340 fax: 919- 467 -6008 www.withersrovenel.com
RALEIGH
NORTH CAROLINA
IMPACT MAP
2
Checked By
fob No.
License No. C -0832
W &R
2110265.00