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HomeMy WebLinkAbout20060161 Ver 1_401 Application_20060411~~ ~ ,.: v 1 ;~ • Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com April 11, 2006 S&EC Project # 7543.W0 To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Todd Tugwell 6508 Falls of Neuse Road, Ste. 120 Raleigh, NC 27615 From: Kevin Martin Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly ~, ` `' i~;, 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 \ ;.' D ~~~~ ~'J D APR 1 1 2006 Re: Fayetteville Road Senior Apartments ~ pEN~ -WATER Durham, Durham County, NC ~TIAMDSgNpsT~ RITY RANCH On behalf of the owner, Elwood Massey Sr., please find attached a complete application and supplemental information requesting written concurrence from the N.C. Division of Water Quality (NC-DWQ) that the activities proposed below are in compliance with the Isolated Wetland rules and requesting written concurrence from the U.S. Army Corps of Engineers (USAGE) that the activities proposed below may precede under Nationwide Permit 12. Please contact me at (919) 846-5900 if you have any questions or require additional information. PR(ITFC T CTTMMARY Project Name Fa etteville Road Senior A artments Project T e A artments Residential Owner / A licant Elwood Masse Sr. Count Durham Nearest Town Durham Waterbod Name UT Crooked Creek Basin /Sub-basin 03030002 Index Number 16-41-1-16- 1 Class WS IV NSW TMPAC'T STIMMARY Stream Impact (acres): 0.002 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.002 Total Stream Impact (linear feet): 30 Buffer Impact Zone 1 0 Buffer Impact Zone 2 0 Total Buffer Impact 0 Isolated Wetland Impact 0.176 Attachments: Pre-construction Notification (PCN) Application Form Agent Authorization USGS Vicinity Map $200.00 DWQ Isolated Wetland application fee Detailed Impact Maps and Overall Site Plan Maps Soil Survey Map Vicinity Map Stormwater Narrative Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336)540-8234 Fax: (336)540-8235 Office Use Only: Form Version March OS ti ~ v ~~. USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ® Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: Elw Mailing Address: 570 APR 1 1 2006 Road wEnnNDS AND STORMYVATER DRANCH Durham NC 27713 Telephone Number: 919-544-2322 E-mail Address: Fax Number: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kevin Martin Company Affiliation: S&EC, PA Mailing Address: 11010 Raven Ridge Road Ralei~~i, NC 27614 Telephone Number: 919-846-5900 Fax Number: 919-846-9467 E-mail Address: kmartin(a~sandec.com Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Favetteville Road Senior Apartments 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): East side of Favetteville Road south of Woodcroft Parkwav. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.9223 °N 78.9267 °W 6. Property size (acres): 10 acres 7. Name of nearest receiving body of water: Crooked Creek 8. River Basin: Cape Fear (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:__ _ Surrounding area is a mix of commercial and residential property. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: To provide housing for seniors in the area bemuse of uplands for an apartment development. 11. Explain the purpose of the proposed work: To allow the use of uplands for a senior apartment project. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The USACE (Todd Tugwell~previously approved a delineation of the site on 2/3/06 (AID#200420600). Site meetings occurred with DWO (John Dornev) and Todd Tugwell several years ago when this was a proposed commercial development and stream determinations were made at that time. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. I . Provide a written description of the proposed impacts: Impacts to isolated wetlands are required for construction of apartment buildin sg and parking. Impact to an intermittent stream is required to connect the project to an existing sewer line. Page 3 of 8 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: <0.1 acre iurisdictional 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage. multiply length X width. then divide by 43.560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length linear feet) Area of Impact acres 1 UT Crooked Creek Excavation Intermittent 3' 30' 0.002 Total Stream Impact (by length and acreage) 30' 0.002 Temporary Impact 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredain~, floodins?, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres) Total Open Water Impact (acres) 0 Page 4 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 30 Wetland Impact (acres): 0 O en Water Im act (acres): 0 Total Impact to Waters of the U.S. (acres) 0.002 Total Stream Impact (linear feet): 30 7. Isolated Waters Do any isolated waters exist on the property? ®Yes ^ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 0.173 acres of isolated wetland impact for construction of apartment buildings and associated parking. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The plan was redesicned to avoid the stream and iurisdictional wetland that runs parallel to Woodcroft Parkway. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 5 of 8 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr.state.nc.us/ncwetlands/strmgYLde.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions andlor map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Impacts are below mitigation thresholds for DWO and the USACE so no miti ag tion should be required. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 Page 6 of 8 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multi liers. * Impact Required Zone ,_______ r__~, Multiplier *,~;,;~,,,;~~ 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Page 7 of 8 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Please see the attached stormwater narrative by The John R. McAdams Company, Inc. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Municipal XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Surrounding areas are alreadX developed. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~d' 7~ Applican Agent' Signature v Date (Agent's signature ' only if an authorization letter from the applicant is provided.) Page 8 of 8 M .~, ~~~ ~ ,c' ~~- ~ d ~, N~ ~ pp~~ n / r -'~Y 5! iu ~ ~ Q' rir / /r ` VICINffYMAP ~+! /.~ ~~~m ~~~ .+ r/, ~ ~ ; / i /,~ ~~ ~ _~~ ~~ I ~ I _~ rr r r~`~```\ r~ r i ~ 1~~ J / rl ~ // ~ ~' ) f r r r~ r ! /f ,I r f ; ; r r 4 AI , _ , . Q"A LAIC f rl~r t\~ I ~ ~ `~``„ /`._, \ ~ rr i / i ~ \ Y~ ~ as ~ ~-'~ /I I v~ A~ I ~ t / f ~ I I / ~ '~I~~1y~~~Q ~ 1 sir ~ i I l \ \ ~ r 1 ~ 1 \~ ~ / ~ 1 '~/ ( r /I ' ' \p ~ I './ r ,, ~/ ~ ; s ,- I I / /,'' I / I ~ ~~a~,, _ J ~ ~w~~ I _ I ! ~y / ~ - I T ~` g rr/ ~ ) ~~ ~ I ! 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' ~ . r \ / \ 1 / r ~ I /i ~~~ , 1 I t ' / ~ / ' 1yp !9 t r I / ~ AC CPm P ` r 1 i + I ' ' AAD m 9~• ~ I~ II ~ P ~ GRAPEIIC SGAIE , ~ w o a m ww t meh = liQ K PRELINiNARY DRARING -NOT RELEASED FOR CONSTRUCTION ~ x yx,~i=.+6 i~~~~~1 I+AYETTEVILLE ROAll SENIOR APARTMENTS STORMVVATER MANAGEMENT PLAN NARRATIVE Fayetteville Road Senior Apartments is a proposed development located on the southeast corner of the intersection between Fayetteville Road and Woodcroft Parkway in Durham, North Carolina. The site is approximately 11.08-acres and is comprised of 145 senior living aparilnents, along with the associated streets, parking, sidewalks, and utility improvements. The proposed development will be approximately 50% impervious in the post- developmellt condition. The proposed development is located in the Cape Feal• River basin, within the B. 1/verett Jordan Lalce watershed protection district, designation F/J-13. Development on this site as proposed will require an isolated wetlands disturbance approval from the NC Division of Water Quality (DWQ) to permit the disturbance of isolated wetlands that are located in the center of the site, as shown on the included impact maps. As a result of the proposed disturbance, DWQ will require for projects that have impervious cover greater than 30% asite-specific stormwater• management plan tllat will remove 85% of the total suspended solids (TSS) from the stormwater runoff. In order to meet the 85% TSS removal requirement, DWQ will require that extended detention wetlands, bioretention areas, or ponds followed by forested filter strips be constructed as part of the site-specific stormwater management plan. "Therefore, the stormwater management plan for the proposed Fayetteville Road Senior Apartments development will incorporate all extended detention wetland to treat stormwater runoff from the site. A description of the extended detention wetland lnay be found below. Since the site bas not yet been firily designed, it is not yet possible to provide design details or calculations for the extended detention wetland - only a conceptual layout for what will be r.rsed to treat runoff fi•om this site is known at this time. E.atet7rCec~ I)e~e~ation Wetltdi-7rls lrr areas that are less intensely developed and where it will blend in With tl~le 13i~searr,h Triangle Park, l~iC OV(:rall larldSCape deslgll eomp011e11tS Of the Slte, eXtended detent1011 Wetland I'osl oirce neX Moos areas may be used as appropriate for' water quality arrd quantity control. Researcn rnan012 Park, "These wetland areas will be designed pel• the most recent and updated PlnrrhCarouna 2r7oo guidelines available fi•oln the NC Divisroll of Water Quality (DWQ), or >905 iVlericVian Parkeray oerhai». Nor,h Carolina 27r1s information available from research beilag conducted at NC State University. Boo ra3 ssac; >/xtended detention wetland areas will be planted with aggressive but varied sls ssl-soon vegetation, to pt•ovide fora 1leterogeneous plant population. This will result in s'`' 3si-22s~ raX a wetland t11at is less prone to illvasive species, less prone to mosquito infestation, and better surtcd to survive disease and drought. The extended ri,a~lorte, Nc detention wetland will be designed to meet a standard of 85% total suspended ssi; sevemy-sevee center orl~~e solids (TSS) removal, and 40% nitrogen removal, based on the most current: ~~~~«~~ infor•matioll available from DWQ. Charlotte. Piorth Carolina 28217 800-T3-5G4C> 70A-527-0800 iOA-;,7.7-2003 1 a>; . ~., Jan-29-03 10:05 RL Horvath Assoc Inc 19194908953 ,~,~ ~„~. rte, ~io~o~~ AC~BN? 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C NW/4 DURHAM SOUTH 15' QUADRANGLE 35078-M8-TF-024 Q~c~~od~ APR 1 1 2006 OENR - WATER_QUALITZ`, Project#: Scale: 7543 1"=1320' Figure 1-USGS Quad Project Date: Map Mgr.: TP 12112102 Fayetteville Rd. R.L. Horvath Assoc. Durham, N.C. ~ Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com p ~~oa~D 6 APR 1 1200 ,usTFRQUAL~1~•., 7543 Mgr.: TP Scale: nA1JDS Priu ~ ~ `^ "'.. __ 1"=1320' Figure 2 -Soil Survey Date: ~ Soil & Environmental Consultants, PA 12/12102 Map 11010 Raven Ridge Rd.• Raleigh, NC ?7614 Fayetteville Rd. (919) 846-5900 • (919) 846-9467 R.L. Horvath Assoc. Web Page: www.SandEC.com Durham, N.C.