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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