HomeMy WebLinkAbout20060161 Ver 1_401 Application_20060411~~ ~ ,.: v 1
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• 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
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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
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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
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APR 1 1200
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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.