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HomeMy WebLinkAbout20160285 Ver 1_More Info Received_20160809ENVIRONMENTAL SERVICES, INC. 4901 TRADEMARK DRIVE RALEIGH, NORTH CAROLINA 27610 919-212-1760 * FAX 919-212-1707 www.environmentalservicesinc.com August 8, 2016 NCDWR, 401 & Buffer Permitting Unit C 1617 Mail Service Center "' Raleigh, NC 27699-1617 awl 0 9 2.016 Re: Oak Pointe (DWR # 16-0285) DED WA ERR 5 UF? Response to Request for Additional Information & UFFE PRM T 401 Individual Water Quality Certification Application Town of Apex, Wake County, NC Environmental Services, Inc. is submitting three (3) copies of the enclosed revised Individual Permit application package on behalf of Lennar Corporation for jurisdictional impacts associated with the Oak Pointe development. The attached document is in response to your Request for Additional Information dated May 5, 2016 and in response to comments from the U.S. Army Corps of Engineers dated July 13, 2016. Please contact Jim Spangler at Spangler Environmental, Inc. at (919) 875-4288 or me at (919) 212-1760 if you have any additional questions or comments. Thank you for your assistance with this project. Sincerely, Environmental Services, Inc. Robert Turnbull Senior Manager Attachments: Oak Pointe Individual Permit Response to Comments Section 404/401 Individual Permit Application Oak Pointe Wake County, North Carolina Response to Comments Submitted By: Lennar Corporation 909 Aviation Pkwy #700 Morrisville, NC 27560 August 2016 Purpose and Need for the Project The purpose of this project is to provide medium density residential development to meet the housing demand in the Town of Apex near the intersection of US Highway 64 and NC 55. The Oak Pointe property is located just northeast this intersection. Alternatives Analysis Both off-site and on-site alternatives for the proposed project have been evaluated. Since Lennar purchased the Oak Pointe property from K. Hovnanian, Homes in April 2016 after site planning and multiple government approvals had been obtained, it should be noted that Lennar is not afforded the opportunity to do major plan amendments without significant financial losses. On-site Alternatives Multiple on-site design alternatives were considered when evaluating and developing the Oak Pointe project. These alternatives include: • No Build Alternative • Proposed Project • Relocation of Pointe Crossing • Alternative Greenway Locations • No Fill for Lots No Build Alternative: A no build alternative is here considered to be one where no development occurs on the Oak Pointe property. No neighborhood infrastructure would be constructed and no residential lots would be established on the property. While this would avoid all impacts to jurisdictional features, it does not meet the purpose and need of the project to supply medium density residential development. Proposed Project: The proposed Oak Pointe development allows the applicant to make the residential development financially viable and stay within the zoning guidelines as defined in the Town of Apex UDO. The design team believes that the neighborhood design presented in this permit application represents the most practicable and least environmentally damaging alternative while still achieving the applicant's purpose and need. Proposed wetland and stream impacts resulting from road construction are necessary to allow suitable access to all lots. The design of the development has placed the road corridors so that all lots are accessible, traffic flow is optimized, and impacts to jurisdictional features are minimized as much as practicable. The proposed greenway that crosses the property will provide connection to the existing Town of Apex greenway system. During the preliminary design process for this property, the location of this greenway was originally located adjacent to the existing Town of Apex sewer easement throughout the property. The proposed greenway corridor presented with this document avoids previously proposed impacts and satisfies the needs of the applicant and the Town of Apex. The proposed sewer easement located at the southern end of the property is necessary to provide a connection between the residential lots in Oak Pointe and the existing Town of Apex sewer system. The easement crosses Town of Apex property and the Town has approved this connection. Removal of large trees will be avoided and planting of native species during construction will be done as much as practicable. Best management practices will be used for all sediment and erosion control before, during, and after construction. Relocation of Pointe Crossing: The Pointe Crossing road crossing (Impact Area C2) was evaluated to determine if this road could be moved to a different location on the property in order to avoid/minimize wetland and stream impacts. In the proposed site plan, this road crossing is located perpendicular to the stream channel and in the narrowest portion of the floodplain of the tributary to Beaver Creek. Four alternatives were considered for this crossing: • Omission of this crossing was considered. However, if a traffic connection between the northern and southern portions of the development was not constructed, traffic would not be able to flow through the development and access to each portion of Oak Pointe would be limited. It is also a Town of Apex requirement that two access points be provided into a residential development for emergency access. • Relocation of this crossing upstream of the proposed location would minimize the wetland impacts associated with this crossing. However, moving the crossing closer to the adjacent upstream property would require a no rise situation on the flood study to avoid hydrologic trespass during high flow events. The attached Figure 2 is a preliminary drawing provided by the design engineer. This figure shows the hydrologic trespass that would occur if the road crossing were to be located further upstream. In addition, there is not adequate spacing for the road to cross the stream at a perpendicular angle and then be able to make a safe turn toward the southern portion of the property. This road configuration would also result in the loss of planned residential lots, which diminishes the financial viability of the project. • Relocation of this crossing downstream was also considered. However, wetlands are present throughout this area, so it is not possible to significantly minimize wetland impacts by constructing the crossing closer to the western boundary. A road corridor in this area would likely also result in the loss of residential lots on both sides of the stream crossing. • Construction of a bridge was also considered to avoid hydrologic trespass, loss of lots, and road configuration issues. However, the bridge option would add approximately $500,000 to the cost of the stream crossing, which would prevent the project from being financially viable. Alternative Greenway Locations: During the planning process, several locations for the Town of Apex Greenway corridor across the property were considered. These alternatives include: • The proposed location of the greenway as presented with this document represents the corridor that was agreed upon by the Town of Apex, the U.S. Army Corps of Engineers, and the applicant during a meeting on July 27, 2016. Wetland and stream impacts are minimized to the greatest extent practicable using this alternative. It was determined that a pedestrian bridge over the stream channel near Impact Area B is a practicable alternative to the placement of a culvert in the stream channel. • Co -location of the greenway with the existing Town of Apex sewer easement was originally proposed. Construction of the greenway in this location would have significantly increased wetland impacts, especially near the proposed Pointe Crossing road corridor. Culverts were to be used on stream crossings, which increased impacts. • Relocation of only portions of the greenway away from the existing sewer easement was considered. This alternative was presented in the original application for this project. This alternative did result in decreased wetland impacts, but it was determined that the greenway corridor could cross the property and avoid all impacts. No Fill for Lots: The preferred alternative proposes impacts to jurisdictional wetlands at Impact Areas Cl and D. During the planning process, the project was evaluated to determine if the establishment of those lots was necessary to make the project feasible. Based on the required form of residential construction (final floor elevations) and the sizes of these lots, a minimal amount of grading and fill in these wetlands is required to fit the type of product that meets local and state building code requirements to the lot. If these four lots were not built upon based on the engineering constraints and applicable code requirements, this alternative would represent an economic loss of $1,014,000. Therefore, this alternative is not financially feasible. Off-site Alternatives Because of the growth of Wake County and the Town of Apex, and the non-residential retail, schools, parks and surrounding infrastructure development in the western Wake County area over the past several years, housing demands in the Town of Apex are exceptionally strong. In an effort to meet the market demand, and at the same time optimize avoidance of urban sprawl, minimal vehicular travel times, and proximity to ancillary market services (schools, retail), project alternatives were evaluated within a 3 -mile radius of the US Highway 64 W/I-540 interchange in western Apex. Off-site alternatives within the jurisdiction of the Town of Apex and in proximity to the US 64/NC 55 intersection were evaluated to meet the purpose and need for the project. Alternatives meeting the purpose and need for the project within a 3 -mile radius proximity to the US Highway 64 W/I-540 interchange in western Apex were evaluated by Spangler Environmental, Inc. The following criteria were used for identification of alternative project locations: • Minimum 40 contiguous acres (individual parcels less than 3 acres were excluded) • Medium density development allowable per Town of Apex zoning as of July 20, 2016 • Sites not currently developed or under development per Town of Apex on-line Interactive Development Map (July 20, 2016) Based on these criteria, seven off-site alternatives were identified and compared with the preferred alternative. An evaluation of comparative suitability, considering the following criteria was undertaken on each alternative site: • Potential impact to jurisdictional resources (indicated by stream feet/acre taken from Wake Co. GIS -July 27-29, 2016, and ground-truth/window-survey for verification when possible by Spangler Environmental, Inc., August 2-4, 2016), • Potential secondary/cumulative impact (indicated by need for significant off-site utility construction as indicated by utility mapping or available plans found on the Town of Apex on- line Interactive Development Map -August 2, 2016, and/or unsuitable topography requiring major grading/hauling as indicated by window -survey, and/or major off-site road improvements as indicated by Town of Apex on-line Interactive Development Map -August 2, 2016, and/or noise mitigation for residents due to a high ratio of highway frontage vs. acreage as indicated by Town of Apex on-line Interactive Development Map -August 2, 2016), and • Practical availability for acquisition (as determined by whether the site has received site plan approval or is in plan approval process as a ,precursor to development, as an indicator of unavailability due to developeribuilder in competition with applicant, per Town of Apex on-line Interactive Development Map -August 4, 2016). The following table summarizes the evaluation of the alternatives shown on Figure 1. Based on these relative data, the Oak Pointe project site is the Preferred Alternative. Table 1: Off -Site Alternatives Summary Alternative Approx. Acres Parcels Stream ft./ac Off-site Utility Needs Unsuitable Topo/Rock Roadway Noise/Frontage Off-site Road Improvements/ROW Acquisition Required Acquisition Feasible No -build N/A Oak Pointe (preferred) 58.2 7 21.91 None Moderate Minimal None Owned by Applicant 3 272 22 46.13 Moderate Minimal Minimal Moderate Yes 4 134.8 4 17.43 Moderate Moderate Minimal Minimal No 5 163.3 6 49.91 None Moderate Excessive Moderate No 6 56.8 3 23.33 Moderate Moderate Minimal Moderate Yes 7 105.3 9 30.15 None Excessive High Minimal Yes 8 191.9 13 49.37 Excessive Moderate Minimal Minimal No 9 41.7 1 7 28.78 Moderate Moderate High High Yes GREEN = Overall relatively more acceptable Subjective and objective rankings: None, Minimal, Moderate, High, Excessive BLACK = Overall relatively acceptable RED = Overall relatively less acceptable Proposed Impacts The proposed project will impact resources under the jurisdiction of the Clean Water Act Section 404 and the Jordan Lake and Town of Apex Riparian Buffer Rules. Tables 2 and 3 summarize these impacts. Table 2. Proposed Jurisdictional Impacts Site* Reason for Permanent/ Wetland Stream Proposed Mitigation impact Temporary Impacts Impacts Ratio Impact Area Culvert Permanent 0 45 ft. 1:1 B1 Impact Area Buried rip -rap Permanent 0 24 ft. None B1 Impact Area Fill (Road Permanent 0.24 ac 0 ft. 2:1 C1 - crossing) (10,492 sq. ft.) Impact Area Culvert Cl (Road Permanent 0 126 ft. 1:1 crossing) Impact Area Cl Buried rip -rap Permanent 0 25 ft. None Impact Area Fill (Road Permanent 0.50 ac 0 ft. 2:1 C2 crossing) (21,622 sq. ft.) Impact Area Box Culvert C2 (Road Permanent 0 115 ft. 2:1 Crossing) Fill Impact Area (Road 0.19 ac (8 250 0 ft. 2:1 Drainage ft.) q' ) easement) Conversion (Forested to Impact Area E Successional) Permanent 0.02 ac (927 0 ft. 1:1 20 ft. Public sq. ft) Sewer Easement Temporary Impact Area E Dam and Flow Temporary 0 20 ft. None Diversion Total Impacts: 0.95 (41,239 355 ft. sq. ft. *Site labels correspond with Exhibit labels on Figures Table 2. Proposed Riparian Buffer Impacts Buffer Reason for Stream Mitigation Zone 1 Zone 2 Zone 3 Impact impact Name required? impact (ft) impact (ft)impact (ft)Site /N Impact Area Roadside UT to Beaver N 0 789 0 A fill Creek Impact Area Road UT to Beaver N 3,609 2,005 0 B1 crossing Creek Impact Area Greenway UT to Beaver N 1,382 1,914 0 B2 crossing Creek Impact Area Road UT to Beaver N 8,650 5,543 0 C1 crossing Creek Impact Area Road UT to Beaver C2 crossing Creek N 7,239 4,821 11,258 Water Impact Area easement/ UT to Beaver N 0 0 922 D drainage Creek easement Impact Area Sewer UT to Beaver N 2,019 872 1,355 E easement Creek Total Buffer Impacts: 22,899 15,944 13,535 *Site labels correspond with Exhibit labels on Figures Stormwater Features Locations of all stormwater features have been added to the attached plans, as requested. Avoidance and Minimization Avoidance and minimization of impacts has been achieved through the selection of alternatives and the design of the project as previously presented. In response'to the July 13, 2016 comments, further information regarding specific avoidance and minimization measures is provided below. Lot Fill at Impact Areas C1 and D Lot fill at impact areas Cl and D is necessary to make those lots buildable. Loss of those lots would result in the loss of marketable assets. As previously stated in the alternatives analysis above, the required form of residential construction (final floor elevations) and the sizes of these lots necessitate a minimal amount of grading and fill in these wetlands to fit the type of product that meets local and state building code requirements to the lot. If these lots were not built upon based on the engineering constraints and applicable code requirements, this alternative would represent an economic loss of $1,014,000. Impacts necessary to make these lots buildable have been minimized as much as practicable. Wetland area at Blue Point Path and Orange Oak Lane Portions of the wetland area at Blue Point Path and Orange Oak Lane in the southern portion of the project will have direct unavoidable impacts resulting from road construction and lot fill. This wetland is currently downslope from a man-made pond and is hydrologically maintained by underground seepage from that pond. Blue Pointe Path is proposed to be constructed on the upslope side of this wetland; however, the potential for the loss of wetland function will be avoided through the installation of the drainage pipe under Blue Pointe Path. This pipe will maintain the hydrologic connection between the wetland and the upper portions of the watershed. The proposed drainage pipes under Orange Oak Lane on the downslope side of the wetland will allow for the maintenance of the hydrologic connection to the downstream waters, so this feature will not be isolated. No functional loss is anticipated in this wetland area. Town of Anex Greenwa Lennar and the USACE met with the Town of Apex on July 27, 2016 to discuss the proposed route for the Town of Apex greenway that crosses the property. A route for the greenway was agreed upon that minimizes jurisdictional impacts. A portion of the greenway is now proposed to be located adjacent to Red Pointe Drive in the northern portion of the property to avoid wetland impacts. A retaining wall will also be used at this location to avoid wetland impacts associated with road fill. A stream crossing shown on Exhibit B (132) is now proposed to include the use of a pedestrian bridge to avoid stream impacts. Pointe Crossing Impacts During the site planning process, consideration was given to moving the location of the Pointe Crossing corridor upstream in order to further minimize the amount of jurisdictional impacts resulting from the road crossing. However, moving the crossing closer to the adjacent upstream property would require a no rise situation on the flood study to avoid hydrologic trespass during high flow events. In addition, there is not adequate spacing for the road itself to cross the riparian buffers at a perpendicular angle and then be able to make a safe turn toward the southern portion of the property. An alternative crossing location for Pointe Crossing would also result in a loss of buildable lots on both sides of the stream. Construction of a bridge was also considered to avoid hydrologic trespass, loss of lots, and road configuration issues. However, the bridge option would add approximately $500,000 to the cost of the stream crossing, which would prevent the project from being financially viable. For these reasons, the proposed Pointe Crossing corridor location minimizes impacts to the greatest extent possible. Sewer Line Installation Permanent impacts resulting from the installation of the sewer line at Impact Area F will be conversion impacts only resulting from the creation of a maintenance corridor 20 ft. wide through this wetland. The sewer line will be aerial and will not require open cutting. Compensatory Mitigation Lennar has determined that there are no private mitigation banks in the service area capable of providing all required mitigation for this project. Therefore, Lennar will purchase available mitigation credits from private mitigation banks and will satisfy the remainder of the necessary mitigation through the North Carolina Division of Mitigation Services (NCDMS). The NCDMS acceptance letter and a Statement of Mitigation Credit Availability from Restoration Systems, LLC are attached. Functional assessments have been performed on all proposed impact areas on the property using NC Stream Assessment Method (NCSAM) and NC Wetland Assessment Method (NCWAM) evaluations. Proposed mitigation ratios are included in Table 2. Flood Zones FEMA Conditional Letters of Map Revision (CLOMR) are attached showing flood zone authority on the property. A copy of these letters is attached. The 100 -year floodzone has been added to the plans as requested. Phase I ESA In response to the comment received during the public comment period from Mr. Daniel B. Martin, Lennar is providing the executive summary of the Phase I Environmental Site Assessment that was done on the property in April 2016. That document is attached. Response to NCWRC Comments 1. Stormwater structures have been added to the plans and use best management practices. 2. A bridge is proposed to be used at the greenway crossing near Impact Area B. All other stream crossings are proposed to use culverts that will allow for aquatic life passage. Cross sections of these crossings are provided with this document. 3. Removal of large trees will be avoided and planting of native species during construction will be done as much as practicable. 4. Best management practices will be used for all sediment and erosion control before, during, and after construction. Response to NCDWR Comments 1. Site plans have been submitted to Sheri Montalvo at the email address provided in the NCDWR Request for Additional Information Letter. 2. Cross section details for Impact Areas Bl, C1, and C2 are attached. 3. Typical culvert installation methods will be used at all stream crossings where culverts are proposed. These methods will maintain the physical integrity of the streams above and below the culvert. Construction sequences are provided with this document. 4. 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ZOYPE.1'BUFFER WETLANDi,IMPACT i \ AREA = 927 SF ✓ \ \ ^—, i / /ZONE ,�,bU FER I ACT 50' IOWN--OF) APE* AREA = 1, 89 SF ZGNE, 3 BUFFER (iTYP) o llI I y f r L PROJECT NO. KHH-15000 FILENAME: KHH15000.DWG n a SCALE: 1 „=40' <n DATE: 08-03-2016 OAK POINTE APEX, NORTH CAROLINA STREAM BUFFER IMPACT F.XI rr - E 1z 0 4 C U GRAPHIC SCALE 40 0 20 40 80 1 inch = 40 ft nZ JOHN R UVC. S consnNx, nac. 3905 Mendlan Parkway Durham, North Ca ltna 27713 Llc - No.: c-0293 McADAMs `)7335646- McAdamsCo.mm xwq.n.uwervwwes000u..acvmumm ar.+ ,ti�mto wmesmorenowsta„ a 163wn vM.MI kI I aalp G ^' so a . r� 0 N x = i o = $ ! o OAK POINTE PHASE 1 CONSTRUCTION DRAWINGS;, APEX. NORTH CAROLINA OWNER/DEVELOPER- K. HOVNANIAN HOMES 3333 REGENCY PARKWAY CARY, NORTH CAROLINA 27518 PHONE: (919) 462-0070 CONTACT: TOMMY MORGAN z rn MCADAMS 2 Wry c) m o O ? � g EEC F O z H a n 0 N x = i o = $ ! o OAK POINTE PHASE 1 CONSTRUCTION DRAWINGS;, APEX. NORTH CAROLINA OWNER/DEVELOPER- K. HOVNANIAN HOMES 3333 REGENCY PARKWAY CARY, NORTH CAROLINA 27518 PHONE: (919) 462-0070 CONTACT: TOMMY MORGAN z rn MCADAMS ��nrr�utc�� �906Mafdlm Dudm . NmtL C eM� 1 l9 iJanx No.: C-0QB9 Wry fi O ? � g EEC F O z Z o � r H soles] - owwta IIIa` Ifrc\\\ a o f g I ---- t30 m I \ "o •C OLD �E7S77Nc — — — — —, (e`IVKS P Bte>> ROAD 32 --_• ---111111 h• • � . / • r ® h 0 • • ' . ice'• ;' �•�••� � I}i�'� �i' )j<•1 _ � � �" � •i Vii• ••ii�� �•i••'•s +ii'� f �tJ'.;igy��,r�.•� i-.•� •ti.•..•i i'ilir�ir4A" 4�'i/iJ:`i'%F'J�i' � • r p�••. • • GT7• rr �' '��'Y.a�' EAS<✓ � VE •••�-S� '.fit s ;�•=i: ii`",••r �%�r�►�,j�1�� �,���0�•1 ILI Ut i2 �� �—Z, Q 1 as .01 r Kill g Lm / C6C6C6C/ / r / I � i 9 R $ L n g a n o o - m 9 x = i o = $ ! o OAK POINTE PHASE 1 CONSTRUCTION DRAWINGS;, APEX. NORTH CAROLINA OWNER/DEVELOPER- K. HOVNANIAN HOMES 3333 REGENCY PARKWAY CARY, NORTH CAROLINA 27518 PHONE: (919) 462-0070 CONTACT: TOMMY MORGAN REVISIONS � fOC-OCG YGK Ot AY RN �,�l� ^ = s• `F'- >: Z.• ��' , MCADAMS ��nrr�utc�� �906Mafdlm Dudm . NmtL C eM� 1 l9 iJanx No.: C-0QB9 OVEPIAN BALL SM ems' I I o 3 a _ a a 6 C G 6 61 e R soles] - owwta IIIa` Ifrc\\\ a o f g I ---- t30 m I \ "o •C OLD �E7S77Nc — — — — —, (e`IVKS P Bte>> ROAD 32 --_• ---111111 h• • � . / • r ® h 0 • • ' . ice'• ;' �•�••� � I}i�'� �i' )j<•1 _ � � �" � •i Vii• ••ii�� �•i••'•s +ii'� f �tJ'.;igy��,r�.•� i-.•� •ti.•..•i i'ilir�ir4A" 4�'i/iJ:`i'%F'J�i' � • r p�••. • • GT7• rr �' '��'Y.a�' EAS<✓ � VE •••�-S� '.fit s ;�•=i: ii`",••r �%�r�►�,j�1�� �,���0�•1 ILI Ut i2 �� �—Z, Q 1 as .01 r Kill g Lm / C6C6C6C/ / r / I � i 9 R $ L n g a n o o - m 9 x = i o = $ ! o OAK POINTE PHASE 1 CONSTRUCTION DRAWINGS;, APEX. NORTH CAROLINA OWNER/DEVELOPER- K. HOVNANIAN HOMES 3333 REGENCY PARKWAY CARY, NORTH CAROLINA 27518 PHONE: (919) 462-0070 CONTACT: TOMMY MORGAN REVISIONS � fOC-OCG YGK Ot AY RN �,�l� ^ = s• `F'- >: Z.• ��' , MCADAMS ��nrr�utc�� �906Mafdlm Dudm . NmtL C eM� 1 l9 iJanx No.: C-0QB9 OVEPIAN BALL SM 241 33 W. O,dMbL Yale ofop 9 MZK Z- z 0 CA QAC 22 = Oa 4 �r A In ; �!OU "M o z cz ` a n $ S � P a 0 0BF a o 0 0 a II a a I x = $ OAK POINTE PHASE 1 CONSTRUTON DRAWINGS APEXNORTH CAROUNA. sns PIAN - NORM IINER/DEVELOPER K. HOVNANIAN HOMES 3333 REGENCY PARKWAY CARY, NORTH CAROLINA 275 18 PHONE: (919) 482-0070 CONTACT: TOMMY MORGAN REVISIONS: „ Q o� d ate...... .�r7 " . qQ ; '� i . a • am ��'� ' r -' 1 „ -�- ■ MCADAMS 7MJOHN R same® COMPANY. 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I �l 4 1 1 t \ I T � Sr I I c A a IA a /\\1, \\\ bo I I ---J L-----JII I I I Z$ L/1 I RIS OAC � a m 00 tj z z m r I F 1I I CrJ P J. � � � - 4 q � � r` � r � � � el � � �^ r,•,� i �� III 1 �> -' � ��� t le \ e �\ 6& !' liglit RE c / t S tea, ■ I L V Fq o - o $ s C _ = 8 oCONTACT: m S OAK POINTE PHASE 2 CONSTRUCTION DRAWINGS APEX NORM CAROLINA OWNER/DEVELOPER. K. HOVNANIAN HOMES OF NC 3333 REGENCY PARKWAY CARY, NORTH CAROLINA 27518 PHONE- (919) 462-0070 TOMMY MORGAN REVISIONS: : t�: " } s t. `�, 4 I g%om��nls -- r' ? ,. III.,I �� MCADAMS RMADAMS 2905DurhaMafAlen Vaztaey IBM 733-5645•Elwldame0o.00m 0 - sr1E PLAN - sovrx 4 O x x�ry zx �w xp zw� Hh7y�Z'd -e w 0 �p9�o c CA`�z C C0 N O n dL � g x o = N 2 N $ O O N O 0 c < < Z S L e p 6 il nil IN $L u� � oL . oB xs' e� M axe 3 3 � I �S jam O N V 2 ' R YELLOW OAK DRIVE (50' PUBLIC R/W) I R i ,I EX , , , 9 1 11' 4 /Jn T 6 il nil IN $L u� CONSTRUCTION SEQUENCE FOR CROSSING ALONG RED POINTE DRIVE 12. CONSTRUCT STREAM DIVERSION CHANNEL FOR THE PROPOSED CULVERT CROSSING. 12.1 EXCAVATE THE DIVERSION CHANNEL WITHOUT DISTURBING THE EXISTING CHANNEL 12.2 PLACE P550 TURF REINFORCEMENT MAT (TRM) LINER IN THE EXCAVATED PORTION OF THE DIVERSION CHANNEL WITH A MINIMUM OF 4' OF MATERIAL OVERLAPPING THE CHANNEL BANKS. SECURE THE OVERLAPPED MATERIAL USING AT LEAST 12' OF FILL MATERIAL 12.3 CONNECT THE DOWNSTREAM DIVERSION CHANNEL INTO THE DOWNSTREAM EXISTING CHANNEL AND SECURE THE P550 TURF REINFORCEMENT MAT (TRM) LINER AT THE CONNECTION. 12.4 CONNECT THE UPSTREAM DIVERSION CHANNEL INTO THE UPSTREAM EXISTING CHANNEL AND SECURE THE P550 TURF REINFORCEMENT MAT (TRM) LINER AT THE CONNECTION. 12.5 UTILIZE THE EXISTING 30" CULVERT FOR THE TEMPORARY STREAM CROSSING. 12.6 CONSTRUCT AN IMPERVIOUS DIKE (COFFER DAM) IN THE EXISTING CHANNEL AT THE UPSTREAM SIDE TO DIVERT FLOW INTO THE DIVERSION CHANNEL 12.7 CONSTRUCT AN IMPERVIOUS DIKE (COFFER DAM) IN THE EXISTING CHANNEL AT THE DOWNSTREAM SIDE TO ISOLATE THE WORK AREA. .13. CONSTRUCT (1) 30" RCP PROPOSED CULVERT AT ROAD CROSSING. THE RIP RAP DISSIPATOR PAD SHALL BE INSTALLED FLUSH WITH EXISTING GRADE. ALL WORK SHALL TAKE PLACE DURING DRY CONDITIONS AND FROM HIGH, NON -JURISDICTIONAL. STABLE GROUND. COFFER DAMS AND A TEMPORARY DIVERSION CHANNEL WILL BE UTILIZED TO CONSTRUCT ROAD CROSSING SO WORK CAN BE PERFORMED IN DRY CONDITIONS. 3. INSTALLATION OF PERMANENT STREAM CROSSING: 3.1 ONCE THE NEW 30" CULVERT IS INSTALLED WITH THE WEST SIDE WINGWALLS, BACKFILL AS RECOMMENDED BY THE GEOTECHNICAL ENGINEER AND BRING SLOPES TO GRADE AS MUCH AS POSSIBLE WITHOUT THE INSTALLATION OF THE EASTERN WINGWALL. , 3.2 MOVE COFFER DAM AS INDICATED ON EC -3 TO ALLOW FOR THE EASTERN 30" CULVERT AND WINGWALL INSTALLATION. 3.3 DIVERT STREAM TO NEW 30" CULVERT TO ALLOW FOR PLACEMENT AND INSTALLATION OF EASTERN 30" CULVERT AND WINGWALL. 3.4 ONCE EASTERN SIDE WINGWALL AND CULVERT ARE INSTALLED, REMOVE IMPERVIOUS DIKE (COFFER DAMS), REMOVE POLY -FABRIC AND DIVERT CHANNEL INTO CULVERTS. 3.5 BRING WEST SIDE OF CULVERT TO ROUGH GRADE WITH REST OF SITE. Federal Emergency Management Agency . TA Washington, DC 20472 North Carolina Floodplain Mapping Program Cooperating Technical State ==�� CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Lance Olive Mayor, Town of Apex P.O. Box 250 Apex, NC 27502 Dear Mayor Olive: June 9, 2016 IN REPLY REFER To: Case No.: 16-04-1765R Community Name: Town of Apex, NC Community No.: 370467 We are providing our comments with this enclosed Conditional Letter of Map Revision (CLOMR) on a proposed project within your community that, if constructed as proposed, could revise the effective Flood Insurance Study report and Flood Insurance Rate Map for your community. If you have any questions regarding floodplain management regulations for your community or the National Flood Insurance Program (NFIP) in general, please contact the Floodplain Adimnistrator for your community. If you have any technical questions regarding this CLOMR, please contact the North Carolina Floodplain Mapping Program (NCFMP) at (919) 825-2316, or the Federal Emergency Management Agency (FEMA) Map Information eXchange (FMIX) toll free at 1-877-336-2627 (1 -877 -FEMA MAP). Additional information about the NFIP is available on FEMA's website at http://www.fcma govination il-flood-intiur mce-pro�,r un, and additional information about the NCFMP is available at http://w%vw.ncflcxtthnahs.com. Sincerely, Patrick "Rick" F. Sacbtbit, P.E., Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration List of Enclosures: Conditional Letter of Map Revision John K. Dorman, Program Director North Carolina Floodplain Mapping Program cc: Mr. Drew Havens, Manager, Town of Apex Mr. Adam Stephenson, P.E., CFM, Engineering Supervisor, Town of Apex The Honorable James West, Chairman, Board of Commissioners, Wake County Mr. Jim Hartmann, County Manager, Wake County Ms. Betsy Pearce, CFM, CPSWQ, Wake County Mr. Kurt Burger, K. Hovnanian Homes Mr. Joshua C. Allen, P.E., CFM, McAdams Mr. Steve Garrett, CFM, LOMC Manager, NCFMP Mr. John Gerber, P.E., State NFIP Coordinator, NCFMP Page 1 of 6 Issue Date: June 9, 2016 Case No.: 16-04-1765R CLOMR-APP O�,t; A R TJ16 J�—� Emergency Management Agency suFederal Washington, D.C. 20472 'IV LETTER OF MAP REVISION COMMENT DOCUMENT COMMUNITY INFORMATION PROPOSED PROJECT DESCRIPTION BASIS OF CONDITIONAL REQUEST Town of Apex CULVERT HYDRAULIC ANALYSIS Wake County FLOODWAY North Carolina UPDATED TOPOGRAPHIC DATA COMMUNITY COMMUNITY NO.: 370467 IDENTIFIER NC -16-496 - Proposed Oak Pointe Culvert at Beaver Creek APPROXIMATE LATITUDE 6 LONGITUDE: 35 755, -78 872 SOURCE: FIRM DATUM: NAD 83 AFFECTED MAP PANELS TYPE FIRM' NO 3720073200) DATE 5/2/2006 FIRM - Flood Insurance Rate Map TYPE FIRM' Na* 3720073300J DATE' 5/2/2006 FLOODING SOURCE(S) AND REACH DESCRIPTION See Page 2 for Additional Flooding Sources Beaver Creek (Basin 27, Stream 2) — from a point approximately 630 feet upstream of Highway 55/W. Williams Street to a point Just upstream of Old Jenks Road. PROPOSED PROJECT DESCRIPTION Flooding Source Proposed Project Location of Proposed Project Beaver Creek (Basin 27, Stream 2) New (50' x 8) Bottomless Culvert at a point approximately 1,800 feet downstream of Old Jenks Road SUMMARY OF IMPACTS TO FLOOD HAZARD DATA Flooding Source Effective Flooding Proposed Flooding Increases Decreases Beaver Creek (Basin 27, Stream 2) BFEs' BFEs Yes Yes Zone AE Zone AE Yes Yes Floodway Floodway Yes Yes Zone X (shaded) Zone X (shaded) Yes Yes BFEs - Base (1 -percent -annual -chance) Flood Elevations COMMENT This document provides the Federal Emergency Management Agency's (FEMA's) comment regarding a request for a CLOMR for the project described above This document is not a final determination, it only provides our comment on the proposed protect in relation to the flood hazard information shown on the effective National Flood Insurance Program (NFIP) map We reviewed the submitted data and the data used to prepare the effective flood hazard information for your community and determined that the proposed protect meets the minimum floodplain management criteria of the NFIP. Your community is responsible for approving all floodplain development and for ensuring that all permits required by Federal or State/Commonwealth law have been received State/Commonwealth, county, and community officials, based on their knowledge of local conditions and in the interest of safety, may set higher standards for construction in the Special Flood Hazard Area (SFHA), the area subject to inundation by the base flood) If the State/Commonwealth, county, or community has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIP criteria. This comment is based on the flood data presently available. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) loll free at 1-877-336-2627 (1 -877 -FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605 Additional Information about the NFIP is available on the FEMA website at httpltwww,fema.gov/national-flood-insurance-program -4vPatrick "Rick- F Sacti bit, P.E., Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 16.04.1765R 104 Page 2 of 6 Issue Date: June 9, 2016 Case No.: 16-04.176SR CLOMR-APP 0 Emergency Management Agency 41NOFederal s 0 Washington, D.C. 20472 CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) OTHER COMMUNITIES AFFECTED BY THIS CONDITIONAL REQUEST CID Number: 370368 Name: Wake County, North Carolina AFFECTED MAP PANELS TYPE FIRM' NO. 3720073200J DATE' 512/2006 TYPE FIRM' NO 3720073300J DATE 5!2/2006 This comment is based on the flood data presently available. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toll free al 1-877-336.2627 (1 -877 -FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. Additional Information about the NFIP is available on the FEMA website at httpJAvww fema gov/national-flood-insurance-program Patrick "Rick' F. Sacbibrt, P.E„ Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 16.04.17658 104 Page 3 of 6 Issue Date: June 9, 2016 Case No., 16.04-1765R CLOMR-APP o�VAAN��e�t. °Federal Emergency Management Agency uzkrr, °Washington, D.C. 20472 4vrt sF CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION To determine the changes in flood hdrards Thal will be caused by the proposed project, we compared the hydraulic modeling reflecting the proposed project (referred to as the proposed condition% model) to the hydraulic modeling used to prepare the Flood Insurance Study (FIS) (referred to as the effective model) If the effective model does not provide enough detail to evaluate the effects of the proposed project, an existing conditions model must be developed to provide this detail. This existing conditions model is then compared to the effective model and the proposed condition~ model to differentiate the increases of decreases in flood hazard~ caused by more detailed modeling from the increases or decreases in flood hazards that will be caused by the proposed project. The table below shows the changes in the BFEs. BFE Comparison Table Flooding Source Beaver Creek (Basin BFE Change (feet) Location of maximum change 27, Stream 2) Existing vs Maximum increase 0,4 at a point approximately 1,200 feet downstream of Old Jenks Road Effective Maximum decrease 0.9 at a point approximately 1,470 feet downstream of Old Jenks Road. Proposed vs Maximum increase 0.9 at a pant approximately 1,740 feet downstream of Old Jenks Road. hxisting Maximum decrease 05 at a point approximately 1,200 feet downstream of Old Jenks Road. Proposed vs Maximum inctease 04 at a point approximately 800 feet downstream of Old Jenks Road, Effective Maximum decrease 02 at a point approximately 1,870 feet downstream of Old Jenks Road Increases due to the proposed project that exceed those permitted under Paragraphs (c)(10) or (d)(3) of Section 60 3 of the NFIP iegulations must adhere t Section 65 12 of the NFIP regulations. With this request, your community has complied with all requirements of Paragraph 65 12(a) of the NFIP regulations CompbdnLe with Paragraph 65 12(b) also is necessary before FEMA can issue a Letter of Map Revision when a community proposes to permit encroachments into the effective floodplain/regulatory floodway that will cause BFE increases in excess of those permitted under Paragraph 60 3(d)(3)/60.3(c)(10) NFIP regulations Subparagraph 60 3(b)(7) requires communities to ensure that the flood -carrying capacity within the altered or relocated portion of any watercourse rs maintained This provision 1s incorporated into your community's existing floodplain management ordinances, therefore, responsibility for maintenance of the altered or relocated watercourse, including any related appurtenances such as bridges, culverts, and other drainage structures, rests with your community We may request that your community submit a descnption and schedulc of maintenance activities necessary to ensure this requirement U S. Fish and Wildlife Service (USFWS) recommendations dated December 11, 2015 must be followed This comment is based on the flood data presently available. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toll free at 1-877-336-2627 (1 -877 -FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. Additional Information bout the NFIP is available on the FEMA website at http://www Tema gov/nnaaatttiiio/Anal-flood-insurance-program, Patrick "Rick' F Sacbibit, P E, Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 16-04-1765R 10 Page 4 sue Date: June 9, 2016 Case No.: 16-04-176SR CLOMR-APP of 6 Is 0, J 0 Federal Emergency Management Agency S w� ° Washington, D.C. 20472 -1N5 SlIc CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) DATA REQUIRED FOR FOLLOW-UP LOMR Upon completion of the project, your community must submit the data listed below and tequest that we make a final determination on revising the effective FIRM and FIS report. If the project is built as proposed and the data below ate ieceived, a revision to the FIRM and FIS report would be wan anted. • Detailed application and certification forms must be used foi requesting final revisions to the maps. Therefore, when the map revision request for the area covered by this letter is submitted, Form I, entitled "Ovei view and Concurrence Form," must be included. A copy of this form may be accessed at http //www.fema.gov/plan/prevent/fhm/dl_mt-2.shtm • The detailed application and certification forms listed below may be required if as-built conditions differ from the proposed plans. If required, please submit new forms, which may be accessed at http.//www.fema.gov/plan/prevent/fbnVdl mt-2 shim, or annotated copies of the previously submitted forms showing the revised information. Form 2, entitled "Riverine Hydrology and Hydraulics Form." Hydraulic analyses for as-built conditions of the base flood , the t0- percent, 2-percent, and 0.2 percent annual chance floods, and the regulatory floodway, must be submitted with Form 2. Form 3, entitled "Riverine Structures Form." • A certified topographic work map showing the revised and effective hase and 0.2 percent annual chance Floodplain and floodway boundaries Please ensure that the revised information ties in with the current effective information at the downstream and upstream ends of the revised reach. • An annotated copy of the FiRM, at the scale of the effective FIRM, that shows the revised base and 0.2 percent annual chance Floodplain and floodway boundary delineations shown on the submitted work map and how they tie into the base and 0.2 percent annual chance floodplain and floodway boundary delineations shown on the current effective FIRM at the downstream and upstream ends of the revised reach. • As-built plans, certified by a registered Professional Engineer, of all proposed project elements, • A copy of the public notice distributed by your community stating its intent to revise the regulatory floodway, of a signed statement by your community that it has notified all affected property owners and affected adjacent jurisdictions. • Documcntation of the individual legal notices sent to property owners who will be affected by any widening or shifting of the base floodplain and/or any BFE increases along Beaver Creek (Basin 27, Stream 2). Patrick "Rick" F Sacbibit, P.E., Branch Chief Engineering Services Branch Federal Insurance and Mligation Administration 16-04-1765R 104 Page 5 of 6 Issue Date: June 9, 2016 Case No.: 16-04-1765R CLOMR-APP o�t+AR N Federal Emergency Management Agency Washington, D.C. 20472 Ni) SFAS CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) DATA REQUIRED FOR FOLLOW-UP LOMB (continued) • FEMA's fee schedule for reviewing and processing requests for conditional and final modifications to published Flood information and maps may be accessed at https //www.fema.gov/forms-documents-and-software/flood-map-related-fees. The fee at the time of the map revision submittal must be received before we can begin processing the request. Payment of this fee can be made through a check or money order, made payable in U.S. funds to the National Flood Insurance'Program, or by credit card (Visa or MasterCard only). Please either forward the payment, along with the revision application, to the following address' North Carolina MT -2 LOMC Depot Attention. Steve Garrett 4218 Mail Service Center Raleigh, NC 27699-4218 or submit the LOMR using the Online LOMC portal at: https://hazards.fema.gov/femaportal/onlinclomc/signin After receiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM, and FIS report. Because the flood hazard information (i.e., base flood elevations, base flood depths, SFHAs, zone designations, and/or regulatory floodways) will change as a result of the project, a 90 -day appeal period will be initiated for the revision, during which community officials and interested persons may appeal the revised, flood hazard information based on scientific or technical data This comment is based on the flood data presently available. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toll free at 1.877-336-2627 (1 -877 -FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304.4605, Additional Information bout the NFIP is available on the FEMA website at http /Awww.fema.gov/national-flood-insurance-program. Patrick "Rick' F Sacbibit, P 6, Branch Chief_ Engineering Services Branch Federal Insurance and Mitigation Administration 16-04-1765R 104 Page 6 of 6 Issue Date: June 9, 2016 Case No.: 16-04-1765R CLOMR-APP o�cA R'r\F4, ti o Federal Emergency Management Agency Washington, D.C. 20472 41Nn S C, CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) COMMUNITY REMINDERS We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison between your community and FEMA. For information regarding your CCO, please contact: Mr. Jesse Munoz Director, Mitigation Division Federal Emergency Management Agency, Region IV Koger Center - Rutgers Building, 3003 Chamblee Tucker Road Atlanta, GA 30341 (770)220-5400 A preliminary study is being conducted for Town of Apex and Wake County. Preliminary copies of the revised FIRM and FIS report were submitted to your community for review on March 31, 2015, and may become effective before the revision request following this CLOMR is submitted. Please ensure that the data submitted for the revision ties into the data effective at the time of the submittal. This comment is based on the flood data presently available If you have any questions about this document, please contact the FEMA Map Information exchange (FMIX) toll free at 1.877-336-2627 (1 -877 -FEMA MAP) or by tetter addressed to the LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304.4605 Additional Information about the NFIP is available on the FEMA website at httpJAvww.fema gov/national-flood-insurance-program Patrick 'Rick' F Sacbibit, P.E , Branch Chief Engineering Services Branch Federal Insurance and Mitigation Administration 16-04-176513 104 Statement of Mitigation Credit Availability Cripple Creek Stream & Wetland Mitigation Bank May 5, 2016 Mr. James Lastinger U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 Re: Availability of Compensatory Stream & Wetla,nd Mitigation Credits Project: Oak Pointe We are providing this letter in accordance with 33 CFR §332.8(r), to confirm that 171 Stream Mitigation Credits (Credits) from the Cripple Creek Stream & Wetland Mitigation Bank (Bank) are currently available and may be used, once transferred, for compensatory mitigation relative to the Oak Pointe project, and as proposed by K. Hovnanian Homes of North Carolina, Inc. (Applicant). The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits at that time, we will complete and execute the Compensatory Mitigation Responsibility Transfer Form (Transfer Form) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Transfer Form to the Applicant, the Bank's US Army Corps (USACE) Project Manager and, if needed, other regulatory agencies. In addition, we will provide USACE with an updated copy of the Bank's Ledger, reflecting the transaction. Transaction information in the updated Bank Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9123. Sincerely, Tiffani Bylow Restoration Systems, LLC Mitigation Services ENVIRONMENTAL QUALITY August 5, 2016 Mitch Barron Lennar Corporation 909 Aviation Pkwy, Suite 700 Morrisville, NC 27560 Project: Oak Pointe PAT MCCRORY Gorernot DONALD R, VAN DER VAART Seci etan Expiration, of Acceptance: February 5, 2017 County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 CertificationlCAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/web/eep. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Cu Location Stream (feet) Wetlands (acres) Buffer I Buffer II Basin (8 -digit (Sq. FL) (Sq. Ft.) HUC) , Impact Cape Fear 03030002 Cold Cool Warm 0 0 Ri avian Non -Riparian Coastal Marsh Lower New Hope 355 0.95 0 0 7,239 4,821 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee ProgramInstrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely vz/� if B Stanfill Management Supervisor cc: James Lastinger, USACE- Raleigh Robert Turnbull, agent State of North Carolina I Environmental Quahty I Mitigation Servrces 1652 Marl Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T N*" SPANGLER ENVIRONMENTAL, INC. Phase I Environmental Site Assessment Oak Pointe Phase I ESA Oak Pointe Phase I ESA Old Jenks Road Apex, NC 27523 Prepared for: Lennar Corporation 700 NW 107th Avenue Miami, Florida 33172 Prepared by: Spangler Environmental, Inc. 4338 Bland Road Raleigh, North Carolina 27609 April 25, 2016 © Spangler Environmental Inc , 2016 DRAFT -1- 1.0 Executive Summary This report details the findings of a Phase I Environmental Site Assessment ("ESA") for a property located along Old Jenks Road, Apex, Wake County, North Carolina. The subject property includes seven mapped tax parcels (Wake County PINs 0733706935, 0733709908, 0732798712, 0732893803, 0733706412, 0733709307, 0732788583), located in Apex, North Carolina. The property adjoins and is south of Old Jenks Road, approximately 1/3 mile east of Highway 55. It is generally rectangular in shape, on a north/south lengthwise orientation. The property totals approximately 58.2 acres. The current available deeds for the parcels that make up the subject property are found in the Wake County Register of Deeds Book 15865 Page 1825, Book 6802 Page 285, Book 5730 Page 812, and Book 6802 Page 287. Deed information for three of parcels which make up the subject property was not available through Wake County GIS or the Wake County Tax Assessor's website. The objective of this ESA was to identify recognized environmental conditions ("RECs") in connection with the subject property. Site reconnaissance was performed by SEI personnel on April 13 and April 19, 2016. Reconnaissance resulted in the following observations: The property is densely vegetated. An intermittent to perennial stream with intact relic floodplain runs from the northeastern corner of the property to the soutwest corner of the property, fonning the western property boundary of the southernmost tax parcel of the property. A dammed pond exists on the east side of the southernmost parcel. Areas of wetlands exist below the pond and in the floodplain of the stream throughout its length. De minimis household trash and debris are found on the northern tract in the vicinity of the historical modular home that is currently occupied on the property. Some discarded steel tanks of unknown origin and approximately 250 to 500 gallons in size are discarded on the northern tracts. These tanks appear to be consistent with prior findings by others, and were observed to be in similar (if not the same) geographic positions as prior reports indicated. No staining of soils or distressed vegetation was observed around these tanks, and they all appeared to be empty (some with rusted holes. Prior reports suggest the owner of the property had imported these tanks to the property prior to 2014 for the purpose of making grills or pig cookers. The northern tract includes at least one hand -dug well and septic system drain fields. Several dilapidated outbuildings and foundation structures are located on the northern tracts. These observations do not constitue an REC for the purposes of this assessment. At least two abandoned structures exist on the southern tract, one of which appears to be an old dwelling. Access was not attempted to these structures. No evidence of heating oil tanks or underground petroleum storage tanks was observed around these structures. Under contract with SEI, Environmental Data Resources, Inc. ("EDR") of Milford, Connecticut prepared an EDR Radius Map ("RM") for the subject property. SEI provided EDR with the location of the subject property based on information provided to SEI by representatives of Lennar Corporation. EDR analyzed federal, state, and tribal government environmental databases and EDR proprietary records for information on sites or facilities with known or expected environmental conditions within minimum search distances of the subject property, as specified by ASTM E 1527-13. The RM listed three individual sites that were not mapped due to missing or inadequate address information (i.e., Orphan Summary). To the extent reasonably ascertainable, efforts were made to determine the physical location of each non -mapped site, relative to the subject property; however, the location of each non -mapped site was not practically reviewable as defined in ASTM E 1527-13. Consequently, the potential for impact of all non -mapped sites to the Phase I Environmental Site Assessment Report Oak Pointe Phase I ESA Apex, Wake County, NC April 25, 2016 §PANGLER EMViRONMENTAL, INC.. DRAFT - 2 - presence of recognized environmental conditions on the subject property was not reasonably ascertainable. Analysis of the RM indicated that the subject property was not listed on the searched databases. Records identified eighteen (18) mapped sites located within the minimum search as defined by ASTM E 1527-13. None of these mapped sites (some of which were duplicative listings) is an active regulatory incident --all have been closed out as rernediated (if necessary) by NC DEQ according to file records cited in the RM. The corresponding documentation for these databases is included in Attachment B. The physical setting (i.e., location of drainage features and/or relative topographical position) of each of the eighteen discrete minimum -distance locations listed in the RM were evaluated to determine the potential for impact to the likelyi presence of recognized environmental conditions on the subject property. Based on distance to the subject property, topographical features, remediation efforts, and the type of contaminant known to have impacted these sites, in our best professional judgment, the eighteen discrete mapped sites have no potential to impact the subject property. Site reconnaissance conducted by SEI personnel did not reveal the presence of hazardous substances or petroleum products under conditions that indicate an existing release, past release or material threat of a release in connection with past and current uses of the subject property. As a result of these observations, no evidence was found of the presence or likely presence of any hazardous substance or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of release of any hazardous substance or petroleum products onto structures on the property or into the ground, groundwater, or surface water of the property. As a result of these observations and the findings of this assessment, no evidence suggests the presence or likely presence of any hazardous substance or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of release of any hazardous substance or petroleum products onto structures on the property or into the ground, groundwater, or surface water of the property. Therefore, no RECs in association with the subject property have been identified in this assessment. 2.0 Introduction 2.1 Purpose The objective of this ESA is to identify, to the extent feasible, recognized environmental conditions in connection with the subject property pursuant to the process described in ASTM Standard E 1527-13 -- Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. This involved evaluating the property for contaminants within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and for petroleum products and other environmental conditions. 2.2 Scope -of -Services Spangler Environmental, Inc. has (SEI) completed this ESA in accordance with methodology described in ASTM E 1527-13. Achieving assessment objectives entailed the following: Identifying historic uses of the property from the present to the property's first developed use, or 1940, whichever is earlier. Reviewing and interpreting reasonably ascertainable and practically reviewable federal, state, and local public records for the subject property and immediate vicinity. Performing visual inspection and walk-through of the subject property and immediate vicinity, including photographic documentation. Phase I Environmental Site Assessment Report Oak Pointe Phase I ESA Apex, Wake County, NC April 25, 2016 Z P A N G L E R EN.YIRONMIENTAL, INC.-