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HomeMy WebLinkAbout20070295 Ver 1_Riparian Buffer Authorization Request_20220707Buffer Authorization Application Form 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form - Update 10/23/2018 Water Reources ENVIRONMENTAL QUALITY Original Submittal 7/7/2022 A. Owner/Applicant Information General Information Primary Contact Email:* Who is submitting the application?* 1. Property Owner Information: la. Name on Recorded Deed: * 1b. Responsible Party: lc. Mailing Address:* burdette@nrconsultnc.com Please list the contact person's email for questions or payment on this project if needed. Owner Applicant other than Owner Agent Tri Pointe Homes Holdings, Inc. Kristi Dillard (for Corporations) Street Address 1330 Sunday Dr, Ste 101 Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27607 US le. Email Address:* Kristi.Dillard@tripointehomes.c Id. Telephone:* 919-300-4914 om 3. Agent Information: 3a. Name: 3b. Company Affiliation: 3c. Mailing Address: Street Address Address Line 2 City Postal / Zip Code 3d. Telephone: 3e. Email Address: State / Province / Region Country 3f. Attach a signed and dated copy of the agent Click the upload button or drag and drop files here to attach document authorization form. PDF Only B. Project Information and Prior Project History 1. Project Information la. Name of Project: * Holding Village - Phase 10 - HV NC98 MEWS (Subdivision, facility, or establishment name) 1b. Is this a publicly -funded transportation project?* Yes No Id. Subdivision Name: Holding Village at North Lake le. Nearest Municipality: Wake Forest If. Property Size: 21.00 acres 1g. County (or Counties) where the project is located:* Wake 1h. Property ID# 1840369255 Tax PIN or Parcel id 1 i. Deed Information Date of Purchase 1/14/2022 Type of Book Book# Page# Deed 018883 00354 Map 2022 951 1 j. Attach a copy of the recorded map that indicates when the lot was last platted. Click the upload button or drag and drop files here to attach document PDF only 1k. How would you like to provide the Latitude and Longitude information?* Address Lookup Manually Latitude * 35.962914 Longitude* -78.512462 11. Is the project located in any of North Carolina's twenty coastal counties?* Yes O No 2. Surface Waters 2a. Name of the nearest body of water to proposed project:* Smith Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 546 (linear feet only) 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 overall property contains approximately 47 acres of agricultural crop fields; the remaining area consists primarily of mature mixed pine -hardwood forest. There are several existing structures on the property, including four abandoned buildings and three silos. This last phase of the project was previously an agricultural field. Successional vegetation is now present across most of this area. The subject property vicinity contains forested land and residential, commercial, and office developments. Please refer to the attached USGS Location Map (Figure 1) and Wake County Soil Survey Map (Figure 2) for more information on the project setting of this phase. 3b. Attach an 8 1/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. Click the upload button or drag and drop files here to attach document 21034-Holding-Fig 1 USGS V2.pdf 823.32KB PDF only 3c. Attach an 8'/: x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. Click the upload button or drag and drop files here to attach document 21034-Holding-Fig 2 Buffer Subj SS V2.pdf 2.51MB PDF only 4. Proposed Activity Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:* Holding Village North Lake is a mixed -use development situated between Holding Lake and NC Highway 98. This phase is within the second half of the Holding Village overall development and consists of multi -family residential development. The proposed development plan includes two road connections to the existing development and a stormwater control measure. One road connection crosses a stream channel. It will be constructed with an arch culvert to avoid impacting the stream. The attached Construction Drawings depict the overall project plan view and locations of insets that show details of the proposed impact areas. Heavy equipment typical for road construction, utility installation and grading will be used to construct the proposed project such as track hoes, bulldozers, dump trucks and graders. Attach a site plan as applicable to the project: Click the upload button or drag and drop files here to attach document TPH21002 Combined Impact Maps.pdf 3.15MB PDF only 5. Jurisdictional Determinations 5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project (including all prior phases) in the past?* 5b. Who did the determination on the jurisdictional areas? Who did the determination? i List name if known Date Attach Corps April Norton (Name if known) 10/27/2022 Wake, PJD, North Lake HV Drained Pond PJD EM 2021- 10-27. pdf 368.... pdf only State Alys Hannum (Name if known) 11/15/2021 *** Please include the date of the determination and upload a copy of the determination. Comments: 6. Project History 2021-11-15 Holding_Villa... 1.65... pdf only 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* - Yes No 6b. List any permits/approvals that have been requested or obtained for this project in the past. Application Date 12/17/2019 12/17/2019 Date Issued 5/8/2020 4/14/2020 Permit Type NWP 29 401 6c. Please explain and detail according to "help file" instructions. The overall Holding Village development's permit history began in February 2007 with a request for an express review from DWR (#07-0295 V1), which was abandoned. In September of that same year, DWR issued a buffer authorization (#07-0295 V2 attached) to impact the riparian buffer with one road span, a pedestrian bridge and sanitary sewer alignments. Due to the economic recession, the project was abandoned, and impacts were not completed. This permit application includes the same road crossing (#2) location and a portion of the sanitary sewer alignment previously approved. Because a Conditional Use Permit based on the Master Plan for this project was approved in 2007 and construction on the South Lake phase of the project has commenced, the Town of Wake Forest has determined the Master Plan is vested in the 50-foot buffer and Phase I Stormwater rules that were in place at the time of approval. In 2012, a Nationwide Permit (NWP) 3 was utilized and written approval (#07-0295 V3) was obtained by DWR for the rehabilitation of Holding Lake's dam. This work permanently impacted 73 If of stream (emergency spillway listed as intermittent/perennial depending on flows from the lake) and 0.02 ac of wetlands and temporarily impacted 0.08 ac of wetlands. As part of the rehabilitation, the spillway was designed for the 100-year storm and will dissipate most every storm event that occurs within the drainage basin of Holding Lake before it reaches downstream waters. In 2014, DWR issued a buffer authorization (#07-0295 V4) for riparian buffer impacts from level spreader bypass outlets and a greenway around Holding Lake as part of the South Lake at Holding Village residential development that generally occupies the southern half of the property. This authorization was replaced in early 2015 to slightly revise the greenway alignment and accommodate three access piers on the lake (#07-0295 V5). The attached NWP 29 was issued for the second half of the Holding Village overall development on May 8, 2020 to authorize 779 linear feet of stream channel impacts, 0.12 acre of temporary wetland impacts, and 0.07 acre of permanent open water impacts. DWR issued the corresponding 401 approval on April 14, 2020 (#07-0295 V6). 7. Future Project Plans 7a. Is this project a phased project?* • Yes No 7b. If yes, explain* Aside from a few upland pockets of future development, this is the last phase of the project. C. Proposed Impacts Inventory Buffer Impacts Project is in which protected Basin?* Neuse River Basin (15A NCAC 02B.0233) Catawba River Basin (15A NCAC 02B.0243) Randleman Lake Watershed (15A NCAC 02B.0250) Tar -Pamlico River Basin (15A NCAC 02B.0259) Jordan Lake Watershed (15A NCAC 02B.0267) Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 026.0607) Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Site# - Reason Stream Name Buffer Impact* Impact Type Zone 1 Zone 2 Impact Area 1 - SW Outlet Map label (e.g. Road Crossing 1) Hatters Branch Permanent (P) Perm or Temp Exempt 388.00 Square Feet 331.00 Square Feet Impact Area 2 - Road Crossing Map label (e.g. Road Crossing 1) Hatters Branch Permanent (P) Perm or Temp Allowable w/ mitigation 7,861. 00 Square Feet 4,943. 00 Square Feet Total Zone 1 Impacts: 8,249.00 Total Zone 2 Impacts: 5,274.00 Total Buffer Impacts: 13,523.00 Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project. The road crossing is unavoidable because the stream channel bisects this area from the existing development and a second entrance is required due to the number of residences in this section of the development. The crossing was aligned to cross the channel perpendicularily to minimize the impact to the buffer. An arch culvert was utilized to avoid impacting the stream. A geotechnical report for the arch culvert design was submitted to April Norton, USACE and Colleen Cohen, DWR on May 24, 2022. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A Sediment and Erosion Control Plan will be developed and approved by the Town of Wake Forest, and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000). 2. Buffer Mitigation 2a. The table below identifies the square footage of impact to each zone of the riparian buffer and the required mitigation. Zone 1 Total Impact r- Multiplier Required Mitigation 7,861.00 Square Feet 3 23,583 Square Feet Zone 2 Total Impact Multiplier Required Mitigation 4,943.00 i Square Feet 1.50 7,414.50 Square Feet 2b. What is the mitigation plan proposed for this Payment to private mitigation bank Payment to Division of Mitigation (DMS) Permittee responsible mitigation project?* 2e. Attach statement of availability from mitigation provider. * Click the upload button or drag and drop files here to attach document North Lake Holding Village - Phase 10 - Buffer SOA 07-06-2022.pdf PDF only 2g. Comments: E. Diffuse Flow Plan 567.75KB la. What type of SCM are you providing?* Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Proposed project will not create concentrated stormwater flow through the buffer Other SCM that removed minimum of 30% nitrogen 1 b. Describe how diffuse flow will be maintained: * A stormwater management plan that includes a wet detention pond will be reviewed and approved by the Town of Wake Forest. lc. Diffuse Flow Documentation F. Supplementary Information Environmental Documentation Click the upload button or drag and drop files here to attach document N Lake Ph 10 SCM.pdf 612.45KB PDF only la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes • No Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? 2b. Is this an after -the -fact buffer authorization application? Yes O No G. Additional Information Please upload any additional information you would like the Division to consider during application review. Additional Attachments: Additional Comments: H. Sign and Submit By digitally signing below, I certify that: Click the upload button or drag and drop files here to attach document RAP19000-NWP Issued-2020-05-08-Corrected.pdf 24.04MB RAP19000-Revised 401 Approval-2020-04-14.pdf 198.48KB PDF only • I have given true, accurate, and complete information on this form; o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") o 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"); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the application form." Print Name:* Jennifer Burdette Signature Submission Date: (Auto populated field) Initial Review Is this accepted into the review process?* • Yes No Yes • No ID#* 20070295 Version:* 1 Select Reviewer: * Colleen Cohn:eads\cmcohn Select Reviewing Office* Raleigh Regional Office - (919) 791-4200 Is this project a public transportation project?* Has payment been received?* • No Payment Needed Fee Received Need Fee - send electronic notification