HomeMy WebLinkAbout20180046 Ver 1_Riparian Buffer Authorization_20180108■■WithersRavenel
IVOur People. Your Success.
January 5, 2018
NC -Division of Water Resources
401 & Buffer Permitting Unit
Attn: Ms. Karen Higgins
1617 Mail Service Center
Raleigh, North Carolina 27699
Re: Charleston Village Greenway Connector - Riparian Buffer Authorization Request
Apex, Wake County
WR # 02170815.00
Dear Mr. Ms. Higgins,
On behalf of the Town of Apex, we are requesting Buffer Compliance from the NCDWR for 2,659
sq ft of permanent impacts to Jordan Lake Riparian Buffers for construction of the Charleston
Village Greenway Connector project.
The project area is located between the Charleston Village Subdivision (Castleburg Drive) and
Sutton Place Subdivision (Hill Hollow Way) in Apex (35.762683°N; -78.864486°W). The prposed
greenway connector will cross a UTto Beaver Creek. The project is located in the Cape Fear/Jordan
basin and onsite waters drain to Beaver Creek. The Water Quality Classification for Beaver Creek
is WS -IV; NSW and the Stream Index Number is: 16-41-10-(0.3). The cataloging unit for the site is
03030002.
Proposed Project
The proposed project consists of construction of a greenway trail connector that will connect the
Charleston Village greenway and Sutton Place greenway. Both greenways currently terminate on
opposite sides of the stream. The proposed connector will provide a connection between the two
greenways, allowing pedestrian and bike traffic to access both greenways, thereby expanding the
greenway network.
The greenway connector has been designed to utilize an elevated boardwalk to cross the stream to
avoid stream impacts entirely.
Project History
WithersRavenel conducted a wetland delineation for the proposed greenway connector alignment
in December 2017. The delineation determined that there are no wetlands within the alignment,
and the only jurisdictional feature is a buffered stream. Since the stream crossing will consist of an
elevated boardwalk, thereby avoiding stream impacts, a formal Jurisdictional Determination is not
required as there are no proposed impacts to jurisdictional features.
219 Station Road, Suite 101 1 Wilmington, NC 28405
910.256.9277 1 www.withersravenel.com I License No. C-0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington
WithersRavenel
Our People. Your Success.
Additionally, a formal buffer determination from NCDWR is not required as subjectivity to riparian
buffers is obvious and conceded.
Proposed Impacts
The proposed impacts consist of 2,659 sq ft of permanent impacts to riparian buffers (Zone 1:1,527
sq ft; Zone 2: 1,132 sq ft) for the construction of the greenway connector.
Avoidance and Minimization
The proposed greenway connector has been designed to cross the riparian buffers at a
perpendicular angle to minimize impacts to buffers. Also, the actual stream crossing will be bridged
to avoid impacts to the stream.
Mitigation
Greenway trails are classified as "Allowable" and do not require mitigation.
The current request is for 2,659 sq ft of permanent impacts to riparian buffers (see the attached
maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely
WithersRavenel
Troy Beasley
Senior Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• Property Owner Information Exhibit
• Aerial Exhibit
• USGS Quad Map
• Wake County Soil Survey
• Impact Exhibits
Page 2 of 2
DWR
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization
FORM: BA 10-2013
Riparian Buffer Authorization Form
A.
Applicant Information
1.
Project Information
1a.
Name of project:
Charleston Village Greenway Connector
1 b. County:
Wake
1c.
Nearest municipality:
Apex
1d. Subdivision name:
Charleston Village
1e.
Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer 1f below.
❑ Yes ® No
1f.
Is the project located within a NC Division of Coastal
Management Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Owner Information
2a.
Name on Recorded Deed:
See Attached Property Owner Information Exhibit
2b.
Deed Book and Page No.
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
2d.
Responsible Party
(for Corporations):
2e.
Street address:
2f.
City, state, zip:
2g.
Telephone no.:
2h.
Fax no.:
2i.
Email address:
3.
Applicant Information (if different from owner)
3a.
Applicant is:
❑ Agent ® Other, specify: Town of Apex
3b.
Name:
Angela Reincke - Parks Planner & Land Acquisition Specialist
3c.
Business name
(if applicable):
Town of Apex
3d. Street address:
53 Hunter Street
3e.
City, state, zip:
Apex, NC 27502
3f.
Telephone no.:
919-372-7468
3g.
Fax no.:
3h.
Email address:
angela.reincke(&apexnc.org
4.
Agent/Consultant Information
(if applicable)
4a.
Name:
Troy Beasley - Senior Environmental Scientist
4b.
Business name
(if applicable):
WithersRavenel
4c.
Street address:
219 Station Road, Suite 101
4d.
City, state, zip:
Wilmington, NC 28405
4e.
Telephone no.:
910-509-6512
4f.
Fax no.:
4g.
Email address:
troybeasley@withersravenel.com
FORM: BA 10-2013 Page 1 of 5
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
PINs: 0743025948, 0743020561 & 0743021481
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.762683°N
Longitude: -78.864486°W
1 c.
Property size:
N/A — Linear Project
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT to Beaver Creek (Stream Index: 16-41-10-(0.3)
2b.
Water Quality Classification of nearest receiving water:
WS -IV, NSW
2c.
River basin:
Cape Fear (Jordan) — HUC: 03030002
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 proposed greenway connector alignment will be located within undeveloped woodlands. The general land
use in the vicinity consists of residential land use.
3b.
Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of
the site
3c.
Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site
3d.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
±50 If within project limits
3e.
Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a connector between the Charleston Village greenway and
Sutton Place greenway. Both greenways currently terminate on opposite sides of the stream. The proposed
connector will provide a connection between the two greenways, allowing pedestrian and bike traffic to access
both greenways, thereby expanding the greenway network.
3f.
Describe the overall project in detail, including the type of equipment to be used:
The project consists of construction of 10 ft wide paved greenway trail, which will utilize an elevated boardwalk to
avoid impacts to the stream. Typical commercial construction equipment and techniques will be used to construct
the project.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
❑ Yes ® No ❑ Unknown
Corps or State been requested or obtained for this property/
Comments:
project (including all prior phases) in the past?
4b.
If yes, who delineated the jurisdictional areas?
Agency/ Consultant Company:
Name (if known): Martin Richmond
WithersRavenel
Other:
4c.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
WithersRavenel conducted a wetland delineation for the proposed greenway connector alignment in December
2017. The delineation determined that there are no wetlands within the alignment, and the only jurisdictional
feature is a buffered stream. Since the stream crossing will consist of an elevated boardwalk, thereby avoiding
stream impacts, a formal Jurisdictional Determination is not required as there are no proposed impacts to
jurisdictional features. Additionally, a formal buffer determination is not required as subjectivity to riparian buffers
is conceded.
5.
Project History
5a.
Have permits or certifications been requested or obtained for this
❑ Yes ❑ No ® Unknown
project (including all prior phases) in the past?
5b.
If yes, explain and detail according to "help file" instructions.
FORM: BA 10-2013 Page 2 of 5
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
FORM: SSGP3080 8-13 Page 3 of 5
C. Proposed Impacts Inventory
Impact Justification and Mitigation
1.
Avoidance and Minimization
1. Buffer Impacts
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the nature of the project being connecting existing greenways on opposite sides of the stream, impacts
could not be avoided. The greenway trail connector has been designed to cross the stream and buffers at a
perpendicular angle in order to minimize buffer impacts.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The greenway connector will utilize an elevated boardwalk to cross the stream, thereby avoiding stream impacts.
Silt fencing will be installed around all disturbed areas, and construction access will occur through high ground.
1a. Project is in which protected basin?
Buffer Mitigation
❑ Neuse
❑ Tar -Pamlico ❑ Catawba
❑ Yes ® No
2b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
❑ Randleman ® Jordan ❑ Goose Creek
1 b. Individually list all buffer impacts below.
If any impacts require mitigation, then you MUST fill out Section
D of this
form.
Zone 2
1.5
Buffer impact
Reason for
Type of impact
Stream name
Buffer
Zone 1
Zone 2
number—
impact
(exempt, allowable,
2e.
mitigation
impact
impact
Permanent (P)
allowable w/ mitigation)
required?
(sq ft)
(sq ft)
or Tempora T
Impact 1
Greenway Trail
Allowable
UT to Beaver
❑ Yes ® No
1,527
1,132
® P ❑ T
Creek
Total buffer impacts
1,527
1,132
1 c. Comments: The proposed impacts will occur from construction of a 10' wide greenway connector, which is
"Allowable".
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the nature of the project being connecting existing greenways on opposite sides of the stream, impacts
could not be avoided. The greenway trail connector has been designed to cross the stream and buffers at a
perpendicular angle in order to minimize buffer impacts.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The greenway connector will utilize an elevated boardwalk to cross the stream, thereby avoiding stream impacts.
Silt fencing will be installed around all disturbed areas, and construction access will occur through high ground.
2.
Buffer Mitigation
2a.
Will the project result in an impact within a protected riparian buffer that requires buffer
mitigation?
❑ Yes ® No
2b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone Reason for impact Total impact
(square feet
Multiplier
Required mitigation
(square feet
Zone 1
3 (2 for Catawba)
Zone 2
1.5
Total buffer mitigation
required:
2c.
If buffer mitigation is required, is payment to a
mitigation bank or NC EEP proposed?
❑ Yes ❑ No
2d.
If yes, attach the acceptance letter from the mitigation bank or NC EEP.
2e.
If no, then discuss what type of mitigation is proposed.
2f.
Comments:
FORM: BA 10-2013 Page 4 of 5
E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
❑ Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
BMP
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
maintained.
1 a.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
® Yes ❑ No
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
public (federal/state) land?
Manual and attach a BMP Supplement Form.
1 b.
F.
Supplementary Information
by First Class Mail via the US Postal Service:
1.
Environmental Documentation
OR NC DWR, Transportation Permitting Unit
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the use of
® Yes ❑ No
Raleigh, NC 27604
public (federal/state) land?
For all other projects sent by delivery service
1 b.
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ® No
OR Karen Higgins
environmental document pursuant to the requirements of the National or State (North
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
Carolina) Environmental Policy Act (NEPA/SEPA)?
Raleigh, NC 27699 - 1650
1 c.
If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
2.
Violations
2a.
Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland
❑ Yes ® No
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 permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Troy Beasley — Authorized Agent l ��
WithersRavenel 01/05/18
Date
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the apoicant is rovided.
Send 3 complete sets of this form and accompanying documents to the following:
For government transportation projects sent
For government transportation projects sent
by First Class Mail via the US Postal Service:
by delivery service (UPS, FedEx, etc.).-
tc.):NC
NCDWR, Transportation Permitting Unit
OR NC DWR, Transportation Permitting Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1650
Raleigh, NC 27604
For all other projects sent by First Class Mail
For all other projects sent by delivery service
via the US Postal Service
(UPS, FedEx, etc.).-
tc.):Karen
KarenHiggins
OR Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1650
Raleigh, NC 27604
FORM: BA 10-2013 Page 5 of 5
■■ WithersRavenel
.. Our People. Your Success.
AGENT AUTHORIZATION FORM
■■ WithersRavenel
N. Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned municipality, Town of Apex (Client) does hereby appoint WithersRavenel.
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, local municipalities, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams,
riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental
permit applications/requests for the Charleston Village Greenway Connector Proiect.which
will connect the existing greenway within the Charleston Village Subdivision (Castleburg
Drive) to the existing greenway within the Sutton Place Subdivision (Hill Holloway Drive).
The proposed greenway connector will be located on PINs: 0743021481.0743025688 &
0743025948.
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:
WithersRavenel, Inc.
115 MacKenan Drive
Date:
Signature of Client:
(Name- Print) (Title)
Cary, NC 27511 (Signature)
Tel. (919)-469-3340
Mailing Address
City State Zip
Phone:
Email:
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C-0832
Cary I Greensboro Pittsboro I Raleigh I Wilmington
::WithersRavenel
Our People. Your Success.
PROPERTY OWNER INFORMATION EXHIBIT
PIN#: 0743025948
SUTTON PLACE PROPERTY
OWNERS ASSOCIATION INC
11010 RAVEN RIDGE ROAD
RALEIGH, NC 27614
PIN#: 0743020561
CHARLESTON VILLAGE
HOMEOWNERS ASSOCIATION INC
315 S. SALEM STREET
APEX, NC 27502
CHARLESTON VILLAGE
GREENWAY CONNECTOR
GRAPHIC SCALE
0 75 150
1 inch = 150 ft.
PROPOSED GREENWAY
I— PIN#: 0743021481
CHARLESTON VILLAGE
HOMEOWNERS ASSOCIATION INC
315 S. SALEM STREET
APEX, NC 27502
AERIAL - 2013
WithersRavenet
1/ Engineers I Planners I Surveyors
::WithersRavenel
Our People. Your Success.
AERIAL EXHIBIT
GRAPHIC
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USGS QUAD MAPS (2013)
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GRAPHIC SCALE
0 75 150
1 inch = 150 ft.
Wolf—
PROPOSED GREENWAYR
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CHARLESTON VILLAGE 40 WithersRavenet
GREENWAY CONNECTOR USGS QUAD (2013) - CARY 1p Engineers I Planners I Surveyors
::WithersRavenel
Our People. Your Success.
WAKE CO. SOIL SURVEY (1970)
Y
Af
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*" GRAPHIC SCALE
0 75 150
1 inch = 150 ft.
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CHARLESTON VILLAGEI I USGS QUAD (2013) - CARY 1� WithersRavenet
GREEN WAY CONNECTOR Q Engineers I Planners I Surveyors
APEX WAKE COUNTY NORTH CAROLINA 1.
::WithersRavenel
Our People. Your Success.
IMPACT EXHIBITS
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PROPERTYOWNE' / v
ASSOC. INC. Q
PIN. 0743-09
D.B. 12126, / w
BM 2006.
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ZONE 1 ZONE 2
1,527 SF 1,132 SF
0.035 AC 0.026 AC
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PROPOSED CONCRETE IMPACT# (SF) (SF)
OR ASPHALT GREENWAY / I I / ' 1 1,527 1,132
op /� TOTALS 1,527 1.132
// PROPOSED BOARDWALK
10
EXISTING TOWN OF APEX
0 GREENWAY EASEMENT
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