Loading...
HomeMy WebLinkAbout20221447 Ver 1_More Info Requested_20221130 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 November 30, 2022 DWR # 20221447 Wake County Mr. Todd Rechler RXR Len Apex, LLC 625 RXR Plaza Uniondale NY 11553 Delivered via email to: rdeloia@rxr.com Subject: REQUEST FOR ADDITIONAL INFORMATION Veridea Residential Subdivision Dear Mr. Rechler: On October 18, 2022, the Division of Water Resources (Division) received your application requesting an Individual Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on-hold until all of the following information is received: 1. If the U.S. Army Corps of Engineers (USACE) requests a response to any comments received as a result of the Public Notice, please provide the Division with a copy of your response to the USACE. 2. Pursuant to 15A NCAC 02H .01305(b) “In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity: (1) has avoided and minimized impacts to surface water and wetlands….”. You have provided on-site alternative layouts that document that the current layout is the least impactful. However additional information is necessary to document that the proposed plan has avoided and minimized impacts to the maximum extent. Please provide more detailed information regarding the possible use of bridges within the proposed project and why further modifications to the roadway network, such as reduction in the number of roads, the realignments of roads, and the reduction in the width of the roads (specifically divided roads with medians) within the project are not feasible to further reduce impacts. The following are specific areas where it appears further avoidance and/or minimization may be feasible. If the locations or widths of roads are dictated by local government requirements or transportation plans, then the avoidance and minimization analysis must be based on traffic analysis. DWR understands that many local governments require developers to design and construct roadways identified on the transportation plans, however DWR will evaluate the justifications for location and widths of these roads as if they were being proposed/designed by the local government. A DocuSign Envelope ID: 170AB0E7-ABC6-447B-82B3-983D48A0A83F North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 RXR Len Apex, LLC DWR# 20221447 Request for Additional Information Page 2 of 5 statement that the location or design is required by the local government will not be considered a sufficient avoidance and minimization justification. Please note that if any of the justifications are based on financial reasons then the justification should include specific detailed information regarding the loss of the area/facilities (number of lots, etc) when considered as part of the entire project. In addition, construction and mitigation costs should be included in any financial justification. a. Impacts 1.7 and 1.8 consist of two separate stream crossing to access to one building. Further avoidance and minimization efforts appear possible by removal of this area from the project. b. It does not appear that both Impacts 1.5 and 1.6 are necessary. DWR understands the need to provide multiple points of ingress and egress to for safety and emergency response, however the areas served by these crossings are also served by Veridea Parkway and therefore it appears only one of these impact areas would be necessary to provide a second access point. c. It appears that Impact areas 1.1 and 1.13 could be avoided by shifting the roadway slightly to the west. d. It appears that Impact area 1.9 could be shifted to just above the start of the stream and still provide adequate access to the areas on either side of the stream F-1. e. Impact areas 1.21 and 1.22 could be reduced if a bridge were utilized. In addition, it appears that Impact area 1.23 could be slightly relocated to utilize the crossing at 1.21. f. Impact areas 2.19A and 2.19Bcould be reduced if a bridge were utilized. In addition, it appears that Impact area 2.19C could be slightly relocated to utilize the stream culvert crossings. g. Please justify the design of the commercial area at impacts 2.16 and 2.18. If these areas are currently designed as speculative, it appears that a smaller commercial area (and therefore less parking requirements) and/or realignment of the driveway/access area could further minimize site impacts. h. Impacts 3.1 and 3.2 consist of two separate stream crossing to access to two industrial buildings. The application states that these two points need to be separated, please clarify what the minimize separation distance is required by emergency services. i. Impacts 3.4A and 3.4B consist of two separate stream crossing to provide a second access to industrial buildings. The application states that these two points need to be separated, please clarify what the minimize separation distance is required by emergency services. j. Impacts 3.5 appears to access a small outparcel area. Further avoidance and minimization efforts appear possible by removal of this area from the project. Access to the sewer line could be provided by a smaller access road. DocuSign Envelope ID: 170AB0E7-ABC6-447B-82B3-983D48A0A83F North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 RXR Len Apex, LLC DWR# 20221447 Request for Additional Information Page 3 of 5 k. The purpose for impact 4.1 of upgrading the roadway to a collector standard is insufficient to justify these impacts as there does not appear to be a current need for a collector road. Access to the sanitary sewer pump station can remain as existing dirt road. l. Please provide justification for why all sewer force main crossings cannot be installed via directional drill rather than open cut methods or installed within the impact areas for roadway crossings. 3. Pursuant to 15A NCAC 02H.0506(b) “a 401 Water Quality Certification may only be issued upon determining that the proposed activity will comply with state water quality standards which includes designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy, as defined in rules of 15A NCAC 02B .0200… In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute to a violation of water quality standards; (3) would result in secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of water quality standards;” In order for the Division to fully evaluate potential hydrological impacts on some stream and wetland features within the project limits, please provide plan sheets that show the location of all outlet structures from all SCMs. In order to avoid further requests for additional information upon receipt of the response to this item, the Division strongly encourages that you carefully evaluate the proposed site plan for locations where existing surface hydrology will be redirected and would therefore have the potential to remove or reduce the existing functions of a stream and/or wetland. Based on the current proposed plan the Division believes there is potential for indirect impacts to some features within the overall project limits. 4. Please provide responses to the attached recommendations from the NCWRC. 5. The outlet alignments of many of the proposed the culvert appears to be at extreme angles with the natural channel. The Division has significant concerns about proposed alignments causing the adjacent streambanks and channel to become unstable. Please realign the following culvert or otherwise address this issue for each of the following Impact Areas: 1.5; 1.7; 1.8; 1.10; 1.14; 1.19; 2.1B; 2.4; 2.10; 2.22; 3.5 6. In order to carefully evaluate that all culvert installations will not cause water quality violations, please provide detailed culvert information, including culvert sizing as well as plan and profile drawings. You must provide detailed information for Phase 1 impacts; however you may provide conceptual/typical plans for future phases. Please note that DWR does not recommend culvert burial of small streams in the piedmont when culvert slopes are greater than 2.5%. 7. The portion of Wetland C between Impact 1.11A and 1.11B will be isolated from become isolated within the roadway fill slopes. This area should be considered a permanent loss of wetland and included in the proposed impacts. 8. In order to document that downstream waters will be protected during construction, please provide a detailed construction sequence for the draining and filling of all proposed pond impact areas. 9. Please note that the DWR standard conditions regarding utility crossings are: “Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel DocuSign Envelope ID: 170AB0E7-ABC6-447B-82B3-983D48A0A83F North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 RXR Len Apex, LLC DWR# 20221447 Request for Additional Information Page 4 of 5 at a near-perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank).” and “Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide.” It appears that some of the proposed utility crossings will not meet either of these conditions. Please review the plans and provide information and justification for any areas that will not meet either of these conditions. 10. Please provide stream and wetland restoration details for all temporary impact areas. 11. You have proposed that riprap aprons are to be considered permanent impacts but are proposed to not be considered a loss of stream function and therefore will not require mitigation. For all riprap aprons that are proposed to be significantly wider than the natural stream channel width, please provide additional restoration detail that indicate how the natural channel width and water depth will be maintained within the riprap pad and how natural stream function will be maintained. Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0611, the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act or the Tar-Pamlico Buffer Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, Shelton Sullivan, Acting Supervisor 401 & Buffer Permitting Branch DocuSign Envelope ID: 170AB0E7-ABC6-447B-82B3-983D48A0A83F North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 RXR Len Apex, LLC DWR# 20221447 Request for Additional Information Page 5 of 5 Electronic cc: Deborah Shirley, S&EC Lyle Phillips, USACE Raleigh Regulatory Field Office Gabriela Garrison, NCWRC DWR RRO DWR 401 & Buffer Permitting Branch file Filename: 20221447_VerideaSD_Wake_IP_addinfo.docx DocuSign Envelope ID: 170AB0E7-ABC6-447B-82B3-983D48A0A83F NORTH CAROLINA WILDLIFE RESOURCES COMMISSION Cameron Ingram, Executive Director MEMORANDUM TO: Sue Homewood Division of Water Resources N.C. Department of Environmental Quality FROM: Gabriela Garrison Eastern Piedmont Coordinator �i�.W Habitat Conservation DATE: November 23, 2022 SUBJECT: Individual Permit Application for Veridea Development, Wake County, North Carolina (SAW-2010-01907). Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e), North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; I NCAC 25), and North Carolina General Statutes (G.S. 113-131 et seq.). RXR Len Apex Owner, LLC (RXR) proposes to construct the Veridea Mixed -use, Commercial Residential Development (Veridea). The proposed project area is approximately 1,092 acres and located on the west side of NC Highway 55, primarily between US Highway 1 and NC Highway 540, in the Town of Apex (Apex). Currently, the project site consists of woodlands, agricultural fields, and residential homesteads. Existing zoning allows for 8,000 dwelling units, 3.5 million square feet of retail and commercial uses, and 12 million square feet of office and industrial uses. A minimum 100-acre area will be dedicated as part of Apex's Resource Conservation Area (RCA). In addition, a minimum 150- acre area will be recreation and open space. Aerial images and maps indicate Little Branch, Big Branch, and associated tributaries bisect the proposed project area. Permanent project impacts from Veridea include the following: 1.092 acre (4,798 linear feet) of stream channel loss; 0.820 acre of wetland loss, and 0.343 acre of open water loss. Temporary impacts include the following: 0.318 acre (1,182 linear feet) of stream channel and 0.025 acre of wetlands. The installation of utility infrastructure and establishment of permanently maintained utility corridors will result in the permanent conversion of 0.02 acre of forested wetlands to herbaceous wetlands. There are no current records for rare, endangered, or threatened species onsite. However, lack of records is not indicative of species absence, rather lack of extensive species survey effort throughout the area. The NCWRC is concerned with potentially adverse ecological impacts resulting from project construction. Placing fill in aquatic systems can alter hydrology, result in significant negative impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat. Additional impervious surface in developing areas results in increased stormwater runoff that can impact stream morphology. This will Mailing Address: Habitat Conservation Division • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 November 23, 2022 Veridea Development IP Application cause further degradation of aquatic habitat through accelerated stream bank erosion, channel, and bedload changes, altered substrates and scouring of the stream channel. In addition, pollutants (e.g., sediment, heavy metals, pesticides, and fertilizers) washed from developed landscapes can adversely affect and extirpate species downstream. Forest fragmentation is a serious concern as outlying areas of Apex, Cary, and Holly Springs remain predominantly rural. Reduction of habitat due to fragmentation has severe impacts on wildlife populations, including deleterious effects on reproduction and migration. Small patches of forest often become degraded and provide little or no value to remaining wildlife. In addition, as healthy ecosystems are disturbed and minimized, invasive plant species become established and create monocultures in areas that previously hosted diverse and intricate natural communities. As such, the NCWRC offers the following guidance and recommendations to minimize impacts to aquatic and terrestrial wildlife resources: I. The NCWRC recommends maintaining 100-foot, native, forested buffers on all perennial streams and 50-foot, forested buffers on all intermittent steams. If wooded buffers do not exist, these areas should be revegetated or allowed to naturally revegetate to increase functionality. Periodic checks should be established to ensure invasive species are not growing in areas that have been disturbed during construction. Wooded buffers include a combination of native trees, shrubs, perennials, and warm season grasses. There are local nurseries that specifically sell native vegetation suitable for riparian areas. Non-native grassed buffers, particularly fescue, do not provide the necessary and highly valuable functions that forested buffers provide, including refugia and travel corridors for terrestrial wildlife species. In addition, forested buffers protect water quality by stabilizing stream banks and filtering stormwater, including sediment, nutrients, pesticides, and other material found in runoff. 2. Small, isolated wetlands are not protected by state and federal regulations but provide critical breeding habitat for declining populations of amphibians. These areas are important for the protection of biodiversity, groundwater recharge, and reducing sedimentation and pollution into streams and rivers. These wetlands are considered an imperiled habitat in the 2015 North Carolina Wildlife Action Plan(http://www.ncwildlife.org/plan). As such, the NCWRC recommends maintaining a 150-foot forested buffer around all small, isolated wetlands. 3. The NCWRC recommends the use of Low Impact Development (LID) technology and effective stormwater management strategies. Possible suggestions include engineered stormwater wetlands, bioswales, and permeable pavement. Information on other LID techniques can be found in `Low Impact Development, A Guidebook for North Carolina': https:Hdigital.ncdcr. og v/digital/collection/ I6062co119/id/232781. 4. Recreational areas and trails in open spaces should be located outside forested, riparian buffers and surfaced with pervious materials. Further information can be found here: https://www.railstotrails.org/build-trails/trail-building-toolbox/trail-building-and-design/developing- trails -in -sensitive -areas/. Avoid the removal of large trees at the edges of construction corridors. Disturbed areas where stabilization is needed should be re -seeded with seed mixtures that are beneficial to wildlife - see attached Table. The NCWRC strongly recommends against the use of fescue -based mixtures and Sericea lespedeza (Lespedeza cuneata) as stabilizing groundcover. Sericea lespedeza in particular is an egregious and invasive, non-native species that spreads easily and is very hard to eradicate. Native, annual small grains appropriate for the season are preferred and recommended. Pollinator mixes are commercially available and provide forage and shelter for numerous species of bees, butterflies, moths, and birds. Using native species instead of ornamentals should reduce the need for water, fertilizers, and pesticides, as well as preserve the natural integrity of the ecosystem. Page 3 November 23, 2022 Veridea Development IP Application 6. The NCWRC strongly encourages the use of native vegetation in public areas, rights -of -way, and RCAs. In efforts to restore diversity and ecosystem functionality in a highly fragmented landscape, please also consider revegetating residential and commercial areas with native trees, shrubs, warm season grasses and perennials that are attractive and valuable to pollinating insects and other wildlife. The following website has a wide assortment of native vegetation specific to North Carolina: https://ncbg.unc.edg/wp-content/uploads/sites/963/2019/08/NativePlantsWoody_pd£ In addition, there are numerous local nurseries that specialize in native plants for both upland and riparian areas. Free technical guidance from NCWRC biologists is available upon request. 7. Please confirm that all contractors and landscapers have been educated on proper herbicide use and protocol. In areas where native vegetation will be installed, please post signage to ensure that contractors will not spray on or in the vicinity of the vegetation. Staff biologists from NCWRC monitor numerous sites across the State where contractors and landscapers have unknowingly sprayed native vegetation because it was not clearly marked. Insecticides and herbicides should not be used within 100 feet of perennial streams and 50 feet of intermittent streams, or within floodplains and wetlands associated with these streams. 8. In addition to standard erosion and sediment control measure, the use of biodegradable and wildlife - friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar materials that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Existing DWR 401 certifications state that `erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR'. Plastic -free mesh or twine in all erosion control matting should be used in all areas within the project boundary. The NCWRC encourages the applicant to consider additional measures to protect aquatic and terrestrial wildlife species in developing landscapes. The NCWRC's Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality (August 2002; http://www.ncwildlife.org/Portals/0/Conserving/documents/2002_ GuidanceMemorandumforSecondMandCumulativeImpacts.pdf) details measures to minimize secondary and cumulative impacts to aquatic and terrestrial wildlife resources. In addition, please consider following guidance found in the Green Growth Toolbox: https://www.ncwildlife.org/conserving/rograms/Green-Growth-Toolbox. This is a guide specifically designed for local governments to conserve natural resources while sustaining economic growth. An applicable strategy for the Veridea Development would include creating higher density areas of residential and commercial development in order to leave larger areas of green space and recreational areas. Thank you for the opportunity to review and comment on this project. If I can be of further assistance, please contact me at (910) 409-7350 or gabriela.garrisonkncwildlife.org. Page 4 November 23, 2022 Veridea Development IP Application Table: Wildlife -friendly stabilizing groundcover. lblac cost/lb Proso or Brown Top Millet 30 0.88 $26.40 Austrian Winter Pea or Iron Clay* 10 1.1 $11.00 Buckwheat 40 0.88 $35.20 Durana Clover 5 8.33 $41.65 Black-eyed Susan 1 22 $22.00 P urp letop 5 22 $110.00 Beaked Panicgrass 4 19.8 $79.20 Wild Rye* 5 6.6 $33.00 Carthage Switch Grass 4 6.6 $26.40 Partridge Pea 3 6.6 $19.80 Ragweed 1 13.33 $13.33 Sum $417.98 Prices from Adams Briscoe or Ernst Ernst Mix NC Steep Slope Mix $993.60 plus cover crop Other mixes run 700 to $800 without cover. * During cool season use Austrian Winter Peas and increase Wild Rye to 20 lbs.