HomeMy WebLinkAbout20170314 Ver 4_PCN Form Submission_20200318DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20170314
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
1a. Name of project:
Twin Lakes -Lake Grove Parcel
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
dshirley@sandec.com
Date Submitted
3/18/2020
Nearest Body of Water
Ur to Crabtree Creek
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude: Longitude:
35.822863-78.845499
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
3
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
(919)846-5900
V
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular F 401 Water Quality Certification - Express
r Non-404 Jurisdictional General Permit F Riparian Buffer Authorization
F Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. lathe project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Leyland Twin Lakes LLC
2b. Deed book and page no.:
Deed Book: 017121 Page: 01273
2c. Responsible party:
Howard Kaufman
2d.Address
Street Address
62 Main Street
Address Line 2
P.O. Box 1110
City
Warwick
Fbstal / Zip Cade
10990
2e. Telephone Number:
(914)443-6338
2g. Email Address:*
hkaufman@leylandalliance.com
3. Applicant Information (if different from owner)
3a. Name:
David Lee
State / Rmince / legion
New York
Country
United States
2f. Fax Number
3b. Business Name:
SunCap Property Group, LLC
3c.Address
Street Address
6101 Carnegie Blvd, Suite 180
Address tine 2
city
Charlotte
Postal / Zip Code
28209
3d. Telephone Number:
(704)945-8000
3f. Email Address:*
dlee@suncappg.com
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultant, PA
4c.Address
Street Address
8412 Falls of Neuse Road., Ste. 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
(919)846-5900
4f. Email Address:*
dshirley@sandec.com
Agent Authorization Letter*
Agent Authorization Form signed.pdf
Slate / province / t3gion
NC
Country
United States
3e. Fax Number:
State / province / legion
NC
Country
United States
4e. Fax Number:
(919)846-9467
365.07KB
C. Project Information and Prior Project History O
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Cary
2. Project Identification
2a. Property Identification Number:
0745547569
2c. Project Address
Street Address
10152 Lake Grove Blvd
Address Line 2
city
Cary
Postal / Zip Code
27519
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT to Crabtree Creek
2b. Property size:
Approximately 5.59
State / province / legion
NC
Country
United States
3b. Water Resources Classification of nearest receiving water:*
C; NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010801
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The existing conditions consist of forested land with a wetland within the southeastern portion of the property. Lake Grove Blvd bounds the property to the south, Davis Drive bounds
the property to the West, to the northeast is a large lake and Town of Cary park land. To the north is previous construction for this development, an age restricted senior living
apartments and commercial development. The general land use in the vicinity of the project consists of commercial and residential development.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2016-01492; DWR#17-0314
Project History Upload
ACOE Permit.pdf
Permit - Approval of 401 Water Quality Certiication.pdf
194.71 KB
492.72KB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS.pdf
2.51 MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Survey.pdf 2.41 MB
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.15 acres
4g. List the total estimated linear feet of all existing streams on the property:
There are no streams onsite
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a multi -family residential development and associated infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The Overall project is a multi -family residential development consisting of three (3) apartment buildings, one (1) two-story parking garage, and parking lots, with an underground
stormwater control measure. Equipment typically used for construction and earthwork such as backhoes, bulldozers, graders, pavers etc. will be utilized for this project.
4j. Please upload project drawings for the proposed project.
SCP-19010-Current Development Exhibit.pdf
1023.79KB
LEY19000 - OAXC1 - Existing Conditions.pdf
890.91 KB
SCP-19010-Overall Site Plan -New Development.pdf
813.16KB
SCP-19010-Impact Exhibit -New Development.pdf
588.45KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2016-01492 Preliminary Jurisdictional Determination
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kevin Yates
Agency/Consultant Company: McAdams
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
See attached PJD
5d1. Jurisdictional determination upload
Preliminary JD Twin Lakes_SAW-2016-01492.pdf 6.21 MB
2003-06-27 NCDENR - Wuse Buffer Determination Letter (002).pdf 4.58MB
2017-08-01 3624 Davis Drive-Neuse Buffer Determination. pdf 4.22MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional MNP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.* 2d. W. name *
2e. Forested *
[Jf. Type of
urisdicition*(?)
2g. Impact
area
1A
1 B
Fill -Building
Fill -Road and Parking
P
P
Headwater Forest WC
Headwater Forest WC
Yes
Yes
Both
Both
0.100
(acres)
0.050
(acres)
1C
Temporary Construction
Corridor
L
Headwater Forest
WC
E-1
oth 1�1_
2g. Total Temporary Wetland Impact
0.009
2g. Total Wetland Impact
0.159
2h. Comments:
2g. Total Permanent Wetland Impact
0.150
Temporary wetland impacts will be brought back to pre -construction contours and re -vegetated with adjacent wetland seed source.
E. Impact Justification and Mitigation u
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Wuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts
could be avoided & minimized to the mammum e:dent practicable. Proposed impacts include one wetland impact area for fill & construction activities.
Impacts 1A & 1 B are proposed permanent impacts for building, parking garage, parking lot and road fill. These impacts are necessary to develop this
parcel of land. Per the Town of Cary Land Development Ordinance, a connection from Lake Grove Boulevard to Airport Boulevard is required, the
specific ordinance and more detail has been provided by the project engineer within the attached McAdams justification letter. Additionally, the
location of the intersection of the connection with Lake Grove Boulevard is required to be offset from the existing entrance of the subdivision on the
south side of Lake Grove Boulevard, pushing the road connection to the east. Regarding the buildings and parking features, per the Town of Cary
Site Design Standards, the buildings must front a public/private street. Therefore the layout of the structures were determined by the perimeter roads
and easements. And the necessary fill and final elevation for the development is determined by the adjacent Lake Grove Boulevard, requiring
approximately 12-14 feet of fill over the wetland. More specific details have been provided by the project engineer within the attached McAdams
justification letter. Impact 1 C is temporary wetland impact necessary for the construction of the retaining wall. Temporary wetland impacts will be
brought back to pre -construction contours and revegetated with adjacent wetland seed source.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Per the project engineer, off -site run-off will be directed through the site to outlets on the downhill side of the property to reduce impacts of grading on
off -site flow. Typical erosion and sediment control measures require by the Town of Cary will also be installed to avoid/minimize sediment leaving the
site.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
r DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank r Payment to in -lieu fee r Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
EBX-Neuse Sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically from the
Meadow Spring Site and the Arrington Bridge III Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.30
Attach Receipt and/or letter
Neu -Con SOA - Meadow Spring - Twin Lakes.pdf 141.1 KB
3c. Comments
Compensatory Mitigation has been requested and accepted by Resource Environmental Solutions at a 2:1 mitigation ratio. Note however that an
NCWAM evaluation was completed with an overall wetland rating result of "medium". It is our professional opinion that the WC wetland hydrology has
been severely affected by the adjacent developments (i.e. three developed parcels that drain directly to this wetland) and has resulted in a
low/medium water quality rating. Additionally, the lack of connection to adjacent wooded/natural areas, the lack of snags and woody debris, and
hydrology has resulted in a low/medium habitat rating. That said, the applicant would prefer a 1:1 mitigation ratio (i.e. 0.15 acres) if the USACE finds
that acceptable after the review of this application and a review of the attached NCWAM rating sheet and photos.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes f No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
W Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
SCP-19010-Drainage Area Map -New Development.pdf 766.36KB
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government Stormwater
program?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
W Local Government r- State
Local Government Stormwater Programs
W Phase II W NSW r- USMP r" Water Supply
Please identify which local government stormwater program you are using.
Town of Cary
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
r- Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?"
r' Yes 6- No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes f• No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Twin Lakes -Lake Grove Parcel project is a residential development. Additionally, the project is located within the town
of Cary ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1)
the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition
Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit
Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction
stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Non -discharge wastewater will go into the adjacent existing ouffall to the Town of Cary treatment plant.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r- Yes r No
5d. Is another Federal agency involved?*
r- Yes r- No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r- No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r- Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and
within 1-mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally
Threatened/Endangered within or within 1-mile of the project boundaries. References: NC Natural Heritage Program. 2019. Geographic Information
System (GIS) data. NCDNCR, Raleigh, NC. Available at http://vmw.nenhp.org/. (Accessed: February 13, 2020).
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced on February
13, 2020. No Essential Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on February 13, 2020, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Comments
Please see attached Wetland Impact Justification, NCWAM Packet and Aerial vicinity map
Miscellaneous attachments not previously requested.
2020-03-10 Revsied Wetland Impact justification.pdf 512.57KB
NCWAM Packet. pdf 1.54MB
Aerial Vicinity Map.pdf 2.53MB
Signature
*
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Deborah E. Shirley
Signature
Date
3/18/2020
Environmental Consultants,
8412 Falls of Neuse Rmd,,Salle 104, Raleigh, NC. 27hI i • PhoneT ()l')) 846-59 MI • Fax: ()19) 846-946-7
SAAdec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Twin Lakes Multi -Family _ S&EC Proiect # 13019
Date: /-Zo
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: James Lastin er Field Office: _Raleigh Regulatory Field Office
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described
for the purpose of conducting on -site investigations and issuing a determination associated with Waters of
the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the
Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf
and take all actions necessary for the processing, issuance and acceptance of a permit or certification and
any and all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0745547569
Site Address: 10152 Lake Grove Blvd.
City, County, State: Cary, NC 27519
PROPERTY OWNER INFORMATION:
Name: Leyland Twin Lakes, LLC
Mailing Address: _ 69ylend Alliance&
Telephone Number:
Email: h ka.0 IiA6J1 r( eu
U
Property Nvner (please print) /• Date
(S 4 _-' d-1-1 /It k
Pr'fterty Owner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,
roggv
NC Center for Geographic Information & AnalysisProject Number:
SBProject Manager:
1" = 1000'Scale:
02/20/2020Date:
Map Title:
Source:
USGS Map
10152 Lake Grove Blvd Cary, NC 27519
USGS 2019Cary Quad
¯0 1,000 2,000
Feet
13019.W7
NC Center for Geographic Information & AnalysisProject Number:
SBProject Manager:
1" = 1000'Scale:
02/20/2020Date:
Map Title:
Source:
Soil Survey Map
10152 Lake Grove Blvd Cary, NC 27519
Wake CountySoil Survey Sheet 34,35,36 & 37
¯0 1,000 2,000
Feet
13019.W7
DAVI
S DRL
A
K
E
G
R
O
V
E B
L
V
D
MORRISVILLE CARPENTER RD
SEYMOUR PL
TRANQUIL SOUND DR
LEACROFT WAY
LEAFYCREEK DRGRACE PARK DRAIRPORT BLVDHOLLY CREEK RDALEMANY STPIE
R
SI
D
E D
R
LINEN DRMADRES LNIVY TREE PL
S A N D D O LLAR R D
DOWNING GLEN DR
RANGLIN ST IV E R T O N L N
HAMPSHIRE DOWNS DROCEANSIDE LNMAGNOLIA BLOOM CT
BERGMAN DRSEA GLASS CTBROOKSVILLE CT
NC Center for Geographic Information & AnalysisProject Number:
SBProject Manager:
1" = 500'Scale:
02/20/2020Date:
Map Title:
Source:
Aerial Vicinity Map
10152 Lake Grove Blvd Cary, NC 27519
Aerials fromNC One Map
¯0 500 1,000
Feet
13019.W7