HomeMy WebLinkAbout20190898 Ver 1_Local Government Buffer Approval_20191018Ti#y of &a4am
P. O. Drawer 357
201 South Main Street
Graham. North Carolina 27253
Tel: t336) 570-6700 / Fax' (336) 570-6703
Jordan Lake Project # 2019-09
Subject Property: Riverwalk Phase 3 Townhomes
Riverwalk Drive
AUTHORIZATION of Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B
.0267) Authorization Certificate
Dear Mr. Jones:
You have our authorization, in accordance with 15A NCAC 02B .02 and the City of Graham's Jordan Lake Riparian
Buffer Protection Ordinance and any conditions listed below, to impact approximately 5,481 ft2 of Zone 1 and
9,703 ft2 of Zone 2 of the protected riparian buffers, for the purpose of constructing the subject property as described
within your application dated _8/16/19_, received by the City of Graham. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non -discharge regulations.
This authorization certification is for the purpose and design that you described in your application. If you change your
project, you must notify the City and you may be required to submit a new application. If the property is sold, the new
owner must be given a copy of this authorization letter and is thereby responsible for complying with all conditions. This
authorization requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Zone 1 Buffers
5,481 (square ft.)
Road on Site Plan
Zone 2 Buffers
9,703 (square ft.)
Road and grading on Site Plan
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
Chartered in 1881
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Pre -Construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. All sediment and erosion control devices shall be removed and the natural grade restored within two
(2) months of the date that the Division of Land Resources or locally delegated program has released the project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through
the protected stream buffers and will not re -concentrate before discharging into the stream as identified within
15A NCAC 2B .0267(8).
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities to ensure compliance with 15A NCAC 2B .0267.
7. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant
is required to return the attached certificate of completion to the City of Graham, Planning Department.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
Chartered in 1881
shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at:
http://portal.ncdenr.org/web/wq/swp/ws/401/riparianbuffers. The text of the sample deed notification may be
modified as appropriate to suit to this project. This information shall be included on the final plat of the water
quality basin and shall include the maintenance and access easement.
Any disputes over determinations regarding this Authorization (associated with the approved buffer impacts) shall be
referred in writing to the City of Graham within thirty (30) days of receipt of this notice for a decision.
You can contest the City of Graham's decision as provided in the City's Jordan Lake Riparian Buffer Protection
Ordinance.
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0267 and the
Jordan Lake Riparian Buffer Protection Ordinance. If you have any questions or would like a copy of the buffer rules,
please call Josh Johnson, P.E. at (336) 226-5534. This letter does not authorize any impacts to either Waters of the United
States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality
(DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Josh Johnson, P.E.
Enclosures: Certificate of Completion
cc: Aaron Holland, City of Graham Planning Department
Matt Williams. — Designer
Sue Homewood, NC DWR
File Copy
Filename: 2017-9
Chartered in 1881
SAW-2019-01203
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01203 County: Alamance U.S.G.S. Quad: NC -Mebane
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: River Walk 54, LLC
Attn: Cranford Jones
Address: 3705-A West Market Street
Greensboro, NC 27403
Size (acres) —10.68 Nearest Town Graham
Nearest Waterway UT to Haw River River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.054759,-79.369592
Location description: The proaect area is located south of the existing terminus of Riverwalk Drive, in Graham, Alamance
County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 96 linear feet
of stream channel (73 linear feet are a loss of waters of the US from culvert fill, 23 linear feet are associated with a rip rap
dissipater pad), and the temporary discharge of fill material into 5 linear feet of stream channel, necessary for the installation
of one road crossing. This verification also authorizes the temporary discharge of dredged material into 0.005 acre of wetlands
for sewer construction access and installation. These impacts are necessary to provide access and infrastructure for Phase 3 of
the Riverwalk residential development.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 6/28/2019, and the enclosed Plan Sheet Nos. W1 through W4. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order,
a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
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 Resources (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 (LAMA), 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 David E. Bailey at (919) 554-4884, Ext. 30or David.E.Bailev2(&usace.army.mil.
Date: 2019.07.2415:18:34
Corps Regulatory Official: ���" '-04'00' Date: 7/24/2019
Expiration Date of Verification: 03/18/2022
SAW-2019-01203
SPECIAL CONDITIONS
1. Please note that future impacts and/or phases of the Riverwalk development, and related activities
associated with Corps Action ID: SAW-2019-01203 will be considered part of a single and complete
project; these impacts will be considered cumulative with impacts permitted during earlier phases
regarding compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts
to aquatic resources for this single and complete project include permanent impacts (loss of waters)
to 73 linear feet (0.008 acre) of streams, permanent impacts (not a loss of waters) to 23 linear feet
(0.003 acre) of streams, and temporary impacts to 5 linear feet of streams and 0.005 acre of riparian,
non-riverine wetlands.
r
Corps Regulatory Official: Date: 7/24/2019
Expiration Date of Verification: 03/18/2022
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 Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Michael Brame, Pilot Environmental, Inc. PO Box 128, Kernersville, NC 27285
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd., Suite 300, Winston Salem NC 27105
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I. NO CONSTRUCTION TO BE61N UNTIL ALL NEGE55ARY 51TE DEVELOPMENT
PERMITS ARE OBTAINED (INGLUDIN6 A 6RADIN6 PERMIT FROM NGDEW.
2. FOLLOW THE APPROVED EROSION CONTOL PLAN AND 5EQUENGE IN ORDER
TO CLEAR AND GRADE THE SITE.
3. INSTALL SILT FENCE ALONG THE LIMITS OF DISTURBANCE WITHIN THE IMPACT AREA.
4. ENSURE THAT A COFFER DAM AND PUMP AROUND 15 INSTALLED TO DIRECT
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5. COFFER DAM AND PUMP AROUND MU5T BE LEFT IN PLACE UNTIL NEW 45" RGP
STORM 5ENER PIPES ARE INSTALLED. SEE DETAIL ON SHEET A-4.
6. GRADE SITE SUFFICIENT TO ALLOW FOR THE INSTALLATION OF THE PROP05EP
48" R( P STORM 5EHER UNDER PROP05ED ROAD.
7. CONTRACTOR TO FOLLOW THE DETAILS OF THE APPROVED ER05ION CONTROL
PLAN TO ENSURE THAT NO OFF-51TE SEDIMENTATION OCCURS DURING CON5TRIIGTION.
8. 517E SHALL BE STABILIZED IN A TIMELY MANNER AS PER THE REQUIREMENT5
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B. INSTALL 51LT-FENCE ON BOTH SIDES OF THE CULVERT DURING CLEARING AND
GRUBBING. 0. INSTALL ROCK FILTER DOYN STREAM OF CULVERT.
G. INSTALL 5ANDBA65 UPSTREAM OF DAM AND RUMP WATER TO 5TILLING BAINS AS
REQUIRED.
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REQUIRED. INSTALL SILT FENCE AT TOE OF SLOPE. SEED 5HOLDER5 A5 COVER 15
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GULVERT IN5TALATION
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GENERAL NOTES:
I. 5AND 5A6 DAM HEIGHT 3' MAX. OR TO TOP OF BANK.
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I. NO GON5TRIIGTION TO BEGIN UNTIL ALL NEGE55ARY 51TE DEVELOPMENT
PERMIT5 ARE OBTAINED (INGLUDIN6 A GRADING PERMIT FROM NGDEO).
2. FOLLOW THE APPROVED ER0510N CONTOL PLAN AND 5EQUENGE IN ORDER
TO GLEAR AND GRADE THE 51TE.
3. I145TALL SILT FENCE ALONG THE LIMIT5 OF 0I5TURBANGE WITHIN THE IMPAGT AREA.
4. IN5TALL 5ANITARY SEVER LINE AND RE5TORE TO EXI5TING GRADE.
SEEING AND 5TA13ILIZE D15TURBED AREA IMMEDIATELY.
5. CONTRAGTOR TO FOLLOW THE DETAIL5 OF THE APPROVED ER05ION CONTROL
PLAN TO ENSURE THAT NO OFF-51TE SEDIMENTATION OGGUR5 DURING GON5TRUGTION.
6. 51TE SHALL 13E 5TA13ILIZED IN A TIMELY MANNER A5 PER THE REQUIREMENT5
OF THE APPROVED EROSION CONTROL PLAN AND THE APPLIGA13LE
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NORTH TO SOUTH ALONG THE STREAM TO CONTINUE TO FLOW THROUGH THE
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EXHIBIT
5TREAM, BUFFER5
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Action ID Number: SAW-2019-01203 County: Alamance
Permittee: River Walk 54, LLC (Attn: Cranford Jones)
Project Name: River Walk subdivision Phase 3 / River Walk 54 LLC / Graham / Alamance County /
residential
Date Verification Issued: 7/24/2019
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
David.E.Bailey2@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
FOR OFFICE USE ONLY
City of Graham Re%iewFee:
! r,.
Permit No-:
Buffer Authorization vale Issued
tJaie Subnained:
* * Application Check No-:
ReCd By:
VO
City ofCraham Planning Department 201 South Main St City wch site:
Telephone: (336)570-6705 Graham, NC 27253 www.cit7ofeTaham.com
Fax:(336) 570-6703
Section A. SUMMARY INFORMATION
DEVELOPMENT NAME: Riverwalk Phase 3 Townhomes
LOCATION: Riverwalk Drive
PARCEL ID NO.: 152047
TOTAL ACRES: 10.59
TOTAL DWELLING UNITS (if applicable) : 28
Zone I Impacted
Disturbance: 5481
Square feet Type of Disturbance: Road
Zone 2 Impacted
Road &
Disturbance: 9703
Square feet Type of Disturbance: Grading
❑ LOW DENSITY
(no more than two dwelling units per acre or twenty-four percent built -upon area):
® HIGH DENSITY
(exceeds the low density thresholds for dwelling units per acre or built -upon area)
Section B. APPLICANT INFORMATION
Owner (Owner or Developer)
Owner: Cranford Jones Phone No
Company: River Walk 54, LLC Fax No:
Address: 3705-A W. Market Street
Greensboro, NC
Fax No:
Email Address: cjones rt cjoco.com
336-669-4760
Zip: 27403
Consultant (Person to contact regarding questions or revisions to the plan)
Contact Name: Matt Williams Phone No.:
Company: Boruln, Wade and Associates. PA Fax NO.:
Address: 621 Eugene Court. Suite 100
Greensboro, NC
Fax No:
Email Address
336-275-0471
Zip: 27401
m►vi l I iams@borum-wade.com
Form BUFFER AUTH flPP— 1 1 q/ 4 .Icr>aucrrt• ?U15
ALL ITEMS ON THIS APPLICATION MUST BE ADDRESSED PRIOR TO SUBMITTAL.
ALL INCOMPLETE SUBMITTALS WILL BE RETURNED.
Section C. REQUIRED ITEMS CHECKLIST
The following checklists outline submittal requirements. Initial in the space provided to indicate the
following submittal requirements have been met and supporting documentation is attached.
General Requirements:
Applicant's initials
+� 1. Sheets shall be no larger than 36" x 24" plan and profile paper.
2. Minimum text size shall be 1/8".
3. Scale on plan view shall be no smaller than 1" = 50'; scale on profile view shall be
no smaller than 1" = 50' horizontally and 1" = 5' vertically using a grid showing 1'
intervals.
r% 4. All drawings to be in North Carolina State Plane coordinate system.
t/ 5. Provide a legend indicating existing and proposed lines, features and symbols.
6. All elevations shall be given in relation to mean sea level; elevations in profile view
shall be labeled in 10' intervals on the heavy lines (Ex. 350, 360).
7. Plan views shall have a north arrow on each drawing.
,l 8. All drawings sealed, signed and dated by a NC Professional Engineer or Landscape
Architect.
9. A signed and sealed statement on the plans certifying that the Buffer Disturbance
r shall comply with the City's Jordan Lake Riparian Buffer Ordinance.
►/ 10. Plans shall show label the buffer, buffer disturbance, and active minimization
measures taken. Plans shall show the reason for the buffer disturbance and include
I disturbance totals and type of disturbance.
v 11. Plan view shall show all actual street names. State road numbers shall be shown if
applicable. Plan view should also indicate whether street is asphalt, concrete, gravel
or dirt. Proposed street & Right-of-way widths will be dimensioned back-to-back
and labeled in plan view.
12. Plan view shall show proposed and existing curb and gutter, pavement, storm
sewers, drainage structures, driveway pipes, water mains, sanitary sewer mains, etc.
All available elevations shall be shown on the profile view. Direction of flow shall
be shown on plan view for all sanitary sewers and storm drains. Materials and pipe
sixes shall be labeled.
Form BUFFER A UTH APP-1 2 of 4 January 2015
V 13. Existing utility lines shall be shown and labeled on plan view and indicated in the
r legend.
J 14. Plans shall show final proposed locations and dimensions of all water, storm drain,
and sanitary sewer lines, devices to be installed on the system, catch basins,
culverts, ditches, including grades, pipes sizes, elevations, assumptions,
calculations, invert elevations for all inlets and manholes and profiles of sanitary
sewer lines.
t1 15. All existing and proposed water, storm drainage and sanitary sewer easements shall
be shown on all applicable sheets.
V 16. Number of dwelling units
1/ 17. Existing and proposed topographic lines (minimum 2-Foot intervals).
V 18. Streams, ponds, wetlands, etc. on the project site and within 50 feet of the property
lines.
l% 19. Location of floodplain and floodway (if applicable).
20. Location of drainage ways and easements.
Site Drainage Features:
d14 21. Any existing stormwater control systems.
f 22. Show extent and number of disturbed acres.
23. Proposed impervious areas.
24. Soil information: type, special characteristics.
25. Name and classification of receiving water course.
/ 26. All necessary construction specifications.
V" 27. Sequence of construction.
/ 28. Construction drawings and details for temporary and permanent measures.
V 29. Size and location of culverts.
30. Disclosure of party ultimately responsible for operation and maintenance of the
disturbance.
Mitigation:
A/ 31. Buffer mitigation calculations and plans. (If applicable).
Hl11 32. Designer's certification.
I' 33. Narrative description of proposed stormwater system.
Form BUFFER AUTH APP-1 3 of 4 January 2015
Stormwater Calculations:
J34. Narrative description of disturbance (methods, variables, assumptions, etc.) and
results.
35. Narrative description of avoidance and minimization.
►� 36. Explanation of how diffuse flow will be maintained.
37. Amount and type of existing and proposed land use.
Section D. ATTACHMENTS
Rf 2 sets of plans
Gr I set of calculations
NI4 W� Operation and Maintenance Manual
Section E. APPLICANT'S CERTIFICATION
Designer Certification:
I hereby certify that the design -related information submitted with this application for permit
coverage was prepared under my direction or supervision and that the information is, in the
exercise of my reasonable professional judgment, true, accurate and complete. I also hereby
certify that the stormwater collection, treatment and control system design submitted with this
application complies with all requirements of the City's Riparian Buffer Protection Ordinance.
Original Signature of Designer
Type or Print Name
Owner Certification:
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Title
I hereby certify that I have read this application and agree to abide by the terms of any
Stormwater Permit issued by the City of Graham.
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Original Si ature of { er or Authorized Agent
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Type or Print Name
Title
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Form BUFFER AUTN APP-1 4 of 4 January 2015
September 10, 2019
Riverwalk Phase 3 No Practical Alternative Narrative
Buffer Disturbance Request
Borum, Wade and Associates, PA (BWA) is submitting to the City of Graham a No
Practical Alternative Request to the State of North Carolina's Water Supply Watershed:
Protection and Maintenance of Riparian Areas. BWA is submitting this request on behalf
of Riverwalk Phase 3 for the construction of road crossing, utilities and site grading
adjacent to an un-named Tributary to Haw River as allowed under provisions of the
previously mentioned rule.
Location
Site is located on Riverwalk Drive — Graham, North Carolina. The site is located at
latitude 36.056 and longitude-79.370.
Existing Conditions
The project site is currently grass and woods with a jurisdictional stream and wetlands on
the southeast property line. Pilot Environmental, Incorporated identified the stream and
wetlands and verified by US Army Corps. The required stream disturbance permits have
been obtained from the US Army Corps and NCDEQ. A stream crosses the center of the
site is on a USGS Quad map or NRCS Soils map, therefore a 50' steam buffer is provided
from the start of the stream point to the northern property line. The onsite soils are
Chewacla loam, Cullen clay loam, Enon sandy loam, Riverview loam and are in soils
group B/C.
No Practical Alternative
As show on the attached plans, the construction of the driveway and sewer line will entail
a permanent disturbance of approximately 9,703 square feet in Buffer Zone 2 and
approximately 5,481 square feet in Buffer Zone 1. Diffuse flow will be provide by
discharging from the bioretention area in an area that is outside the buffer.
The Zone 1 disturbances are necessary to access the rear portion of the property and
install the required utilities. The perpendicular crossing was done in a way to minimize
site disturbance.
The Zone 2 disturbance is necessary to allow access rear portion of the property, install
utilities and erosion control. Duke Energy requires a 4 to 1 slope requiring us to push our
grading into zone 2. Erosion control will also be installed to treat runoff on the creek.
Erosion Control Requirements
The site is approximately 10.59 acres with a proposed disturbed area of 7.85 acres.
Erosion control with be primarily through temporary berms, silt fence and a skimmer
basins. The site stormwater discharges to the Haw River in the Cape Fear River Basin.
September 10, 2019
Proposed Conditions
Riverwalk Phase 3 Townhomes is being developed as a 28 duplex homes and associated
public roads and utilities. The majority of the stormwater will be treated in a Stormwater
Control Measures (SCM) designed to capture the design storm and release it slowly over
a period of two to five days. All new built upon area stormwater runoff will be treated in a
grass bioretention area via different pollutant removal mechanisms, including infiltration,
absorption, adsorption, evapotranspiration, microbial action, plant uptake, sedimentation,
and filtration.
The bioretention area will treat 5.37 acres of drainage area with 2.90 acres of impervious
area.
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