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HomeMy WebLinkAbout20110335 Ver 2_401 Application_20121012WITHERS &- RAVENEL ENGINEERS I PLANNERS 1 SURVEYORS 1410 COMMONWEALTH DRIVE, SUITE 1o1 WILMINGTON, NORTH CAROLINA, 28403 (910) 256 -9277 FAX (91o) 256 -2584 TO: NC Division of Water Quality — 401 Wetlands Unit 165o Mail Service Center Raleigh, NC 27699 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter 11 - 0335 v a. LETTER (C)F TFANS AMAL DATE 10/11/12 76 -NO. 02110265.00 ATTENTION Mr. Ian McMillan PHONE # 919-807-6364 RE: Crabtree Village Buffer Authorization Request 10/11/12 02110265.00 Crabtree Village Buffer Authorization Request 1 10/11/12 0211026 .00 ® Attached ❑ Under separate cover via ❑ Prints ❑ Plans ❑ Samples ❑ Change order ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 3 10/11/12 02110265.00 Crabtree Village Buffer Authorization Request 1 10/11/12 0211026 .00 CD of Submittal Packet -T THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints REMARKS: COPYTO: File SIGNED: Troy Beasley If enclosures are not as noted, kindly notify as at once. WITHERS � RAVEN EL ENGINEERS I PLANNERS I SURVEYORS October 11, 2012 NC- Division of Water Quality 401 Wetlands Unit Attn: Mr. Ian McMillan 1650 Mail Service Center Raleigh, NC 27699 Re: Crabtree Village — Buffer Compliance Request W &R Project 402110265.00 Dear Mr. McMillan, On behalf of Pappas Properties, LLC, we are requesting Buffer Compliance from NC -DWQ for impacts to Neuse River riparian buffers associated with the proposed project. The project is ±24 acres in size and is located north of the intersection of Crabtree Village Avenue and Blue Ridge Road in Raleigh, Wake County (Latitude: 35.834925N; Longitude: - 78.678692W). The project site is bordered to the south by Blue Ridge Road, to the east by Crabtree Valley Avenue and to the north by Edwards Mill Road. The project is located in the Neuse River basin and onsite waters drain to House Creek, which is a tributary of Crabtree Creek. The Water Quality Classification for House Creek is C; NSW and the Stream Index Number is: 27- 33 -13. The cataloging unit for the site is 03020201. Proposed Project The proposed project will be a mixed use development with both residential and commercial development. Phase I consists of the construction of a multi - family apartment complex, with seven apartment buildings and associated infrastructure (i.e. roads, parking, utilities) as well as a constructed wetland which will provide stormwater treatment. Phase I also consists of improvements to Blue Ridge Road, which is required by the City of Raleigh as a condition of approval of the project. The improvements to Blue Ridge Road include widening of the existing road, construction of curb and gutter stormwater conveyance, and construction of a greenway trail. The widening of Blue Ridge Road will require new curb and gutter to be installed to create a closed stormwater system due to excessive velocities anticipated along the steep grade of the road. The curb and gutter will replace the existing ditch conveyance of stormwater from Blue Ridge Road. The existing stormwater runoff from Blue Ridge Road flows east through an existing ditch and into House Creek. Due to the steep slope, the existing ditch will be replaced with a pipe to safely convey stormwater runoff into House Creek without eroding the stream banks. The existing headwall will be extended to accommodate the outfall of the proposed stormwater pipe. The future phases of the Crabtree Village will consist of commercial development. However, the future commercial development has not been designed to date, but will not require impacts to wetlands, streams or riparian buffers. 111 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 1 fax: 919.467 -6008 1 www.withersravenel.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 416 D Gallimore Dairy Road I Greensboro, NC 27409 1 tel: 336.993.5504 1 fax: 919.467.6008 WITHERS RAVEN EL ENGINEERS I PLANNERS I SURVEYORS Project HiAM An application, dated April 5, 2011, was submitted to the Corps of Engineers (AID SAW- 2012 - 00994) and NC DWQ (DWQ Project 4 11 -0335) for the proposed Crabtree Village project site under the Crabtree Village project name. The application requested stream and buffer impacts for a proposed culverted road crossing of House Creek. The applicant was Redus NC Land, LLC. NC DWQ issued a Request for Additional Information Letter on May 10, 2011. The original Crabtree Village project was abandoned by the applicant, and a response to the Request for Additional Information Letter was never submitted and the application was withdrawn from DWQ. The Corps of Engineers issued a NWP 39 for the proposed impacts for the previous Crabtree Village project, and issued a JD for project site in conjunction with the issuance of the NWP 39, which is valid until June 10, 2016. A copy of the NWP 39 has been provided as an Appendix. Please note that the Crabtree Village project was redesigned for Pappas Properties, LLC, and the culverted road crossing of House Creek was removed. Proposed Impacts The proposed impacts consist of 755 sq ft of permanent impacts to Zone 1 and 400 sq ft of permanent impacts to Zone 2 for construction of the outfall for the constructed wetland BMP; as well as 515 sq ft of permanent impacts to Zone 1 and 289 sq ft of permanent impacts to Zone 2 for improvements to Blue Ridge Road and installation of the stormwater pipe within the existing ditch which conveys stormwater from Blue Ridge Road to House Creek. In a meeting on August 21, 2012 between Annette Lucas (DWQ) and Hunter Freeman (W &R), it was determined that the conversion of the ditch outfall from Blue Ridge Road to a piped outfall was permissible because the there was an existing surface outfall in this location, and the outfall improvements were necessary to prevent stream bank erosion due to the steep slope of the outfall. It was determined that this conversion could be considered maintenance of an existing outfall structure. While diffuse flow is not required for this outfall, the design includes a rip -rap dissipater pad to reduce the velocity of the stormwater to prevent erosion. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to jurisdictional "waters" and riparian buffers could be minimized. The proposed project is being constructed entirely in uplands. The proposed buffer impacts are the result of the roadway improvements required by the City of Raleigh and for the construction of an outfall for the constructed wetland BMP. Also, the stormwater outfall from Blue Ridge Road has been designed to extend and existing headwall to stabilize fill rather than using backslopes that would have encroached into House Creek. Mitigation - The proposed improvements to Blue Ridge Road will cross House Creek at a perpendicular angle and impact less than 1/3 acres of riparian buffers, which is identified as an "Allowable" use. Also, per the meeting with Annette WITHERS &- RAVENEL Page 2 of 3 ENGINEERS I PLANNERS I SURVEYORS WITHERS RAVEN EL ENGINEERS I PLANNERS I SURVEYORS Lucas, the installation of the stormwater outfall pipe within the ditch along Blue Ridge Road would be considered maintenance, which is also identified as an "Allowable" use. Therefore, there is no buffer mitigation proposed. Stormwater Management Plan The Stormwater Management Plan will consist of a constructed wetland, which does not require a level spreader. The Stormwater Management Plan has been reviewed and preliminarily approved by the City of Raleigh, with final approval pending the issuance of the Buffer Authorization. Upon final approval by the City of Raleigh, a copy of the approved Stormwater Management Plan will be provided to DWQ. The current request is for 1,959 sq ft of buffer impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, c C3 Troy Beasley Environmental Scientist Attachments: • PCN Form • Agent Authorization • USGS Quad Map • Wake County Soil Survey • Corps NWP 39 • Impact Plans WITHERS &- RAVENEL Page 3 of 3 ENGINEERS I PLANNERS I SURVEYORS o�oF w a rF9o� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: F-1 Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Crabtree Village 2b. County: Wake 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Redus NC Land, LLC CLA / ORE -Aster @ Crabtree Village 3b. Deed Book and Page No. BB:13954; Page: 0160 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3563 Phillips Hwy; Suite 601 E 3e. City, state, zip: Jacksonville, GL 32207 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Contract Purchaser 4b. Name: Alan Dean 4c. Business name (if applicable): Pappas Properties, LLC 4d. Street address: 111 Metropolitan Ave; Suite 235 4e. City, state, zip: Charlotte, NC 28204 4f. Telephone no.: 704 - 716 -3600 4g. Fax no.: 4h. Email address: adean @pappasproperties.com 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910 - 256 -9277 5f. Fax no.: 910 - 256 -2584 5g. Email address: tbeasley @withersravenel.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 0795598141;0795594347;0795583726;0795580999; 0795580406;0795488454 1 b. Site coordinates (in decimal degrees): Latitude: 35.834925 °N Longitude: - 78.678692 °W (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: ±24 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to House Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C;NSW (Stream Index #27- 33 -13) 2c. River basin: Neuse - 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing conditions of the subject property mainly consist of undeveloped land. The site contains and existing structure and associated parking lot which was previously utilized as a restaurant. The land use in the vicinity of the project consists of a mixture of residential and commercial land use, including the Crabtree Valley Mail, located north of the project site. 3b. List the total estimated acreage of all existing wetlands on the property: None 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ±725 If of perennial stream (House Creek). 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a mixed use development, with Phase I consisting of a multi - family apartment complex, and the future Phases consisting of commercial development. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project will be a mixed use development with both residential and commercial development. Phase I consists of the construction of a multi - family apartment complex, with seven apartment buildings and associated infrastructure (i.e. roads, parking, utilities) as well as a constructed wetland which will provide stormwater treatment. Phase I also consists of improvements to Blue Ridge Road, which is required by the City of Raleigh as a condition of approval of the project. The improvements to Blue Ridge Road include widening of the existing road, construction of curb and gutter stormwater conveyance, and construction of a greenway trail. The widening of Blue Ridge Road will require new curb and gutter to be installed to create a closed stormwater system due to excessive velocities anticipated along the steep grade of the road. The curb and gutter will replace the existing ditch conveyance of stormwater from Blue Ridge Road. The existing stormwater runoff from Blue Ridge Road flows east through an existing ditch and into House Creek. Due to the steep slope, the existing ditch will be replaced with a pipe to safely convey stormwater runoff into House Creek without eroding the stream banks. The existing headwall will be extended to accommodate the outfall of the proposed stormwater pipe. The future phases of Crabtree Village will consist of commercial development. However, the future commercial development has not been designed to date, but will not require impacts to wetlands, streams or riparian buffers. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Withers & Ravenel Name (if known): Troy Beasley Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps of Engineers issued a JD for the project site on June 10, 2011 in conjunction with issuance of a NWP 39 for the previous Crabtree Village project (SAW- 2012 - 00994) under a different applicant. The JD is valid until June 10, 2016. Please note that the previously permitted Crabtree Village project was never constructed and was abandoned by the previous applicant. The Crabtree Village project has since been redesigned for the current applicant. 5. Project History 5a. Have permits or certifications been requested or obtained for FEYes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. An application, dated April 5, 2011, was submitted to the Corps of Engineers (AID SAW- 2012 - 00994) and NC DWQ (DWQ Project # 11 -0335) for the proposed Crabtree Village project site under the Crabtree Village project name. The application requested stream and buffer impacts for a proposed culverted road crossing of House Creek. The applicant was Redus NC Land, LLC. NC DWQ issued a Request for Additional Information Letter on May 10, 2011. The original Crabtree Village project was abandoned by the applicant, and a response to the Request for Additional Information Letter was never submitted and the application was withdrawn from DWQ. The Corps of Engineers issued a NWP 39 for the proposed impacts for the previous Crabtree Village project, and issued a JD for project site in conjunction with the issuance of the NWP 39, which is valid until June 10, 2016. A copy of the NWP 39 has been provided as an Appendix. Please note that the previously permitted Crabtree Village project was never constructed and was abandoned by the previous applicant. The Crabtree Village project has since been redesigned for the current applicant. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The Crabtree Village project will be constructed in phases. Phase I consists of the construction of the multi - family apartment complex and improvements to Blue Ridge Road. The future phases will consist of commercial development. However, the commercial development has not been designed to date. The only jurisdictional features on the project site are House Creek and its associated buffers. Therefore, the future development will not result in impacts to wetlands, streams or buffers. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar-Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? (T) Outfall for Impact 1 ® P F-1 T constructed wetlands House Creek El Yes ® No 755 sq ft 400 sq ft BMP Impact 2 ® P ❑ T Road Improvements House Creek ❑ Yes ® No 515 sq ft 289 sq ft 6h. Total buffer impacts 1,270 sq ft 689 sq ft 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to jurisdictional "waters" and riparian buffers could be minimized. The proposed project is being constructed entirely in uplands. The proposed buffer impacts are the result of the roadway improvements required by the City of Raleigh and for the construction of an outfall for the constructed wetland BMP. Also, the stormwater outfall from Blue Ridge Road has been designed to extend and existing headwall to stabilize fill rather than using backslopes that would have encroached into House Creek. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The stormwater outfall from Blue Ridge Road has been designed to extend and existing headwall to stabilize fill rather than using backslopes that would have encroached into House Creek. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8of11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Stormwater from the proposed apartment complex will be treated in a constructed stormwater wetland, which does not require diffuse flow. Also, per the 9/21/12 meeting between Annette Lucas (DWQ) and Hunter Freeman (W &R), the conversion from a ditch to a piped outfall for stormwater drainage from Blue Ridge ❑ Yes ® No Road to House Creek is necessary to build a stable a stable conveyance and prevent stream bank erosion, and is considered maintenance of an existing outfall structure. Therefore, diffuse flow is not required. The outfall has been designed with a rip -rap dissipater pad to reduce the velocity of the stormwater to prevent erosion. 2. Stormwater Management Plan 60% for the Apartment Complex, 2a. What is the overall percent imperviousness of this project? but the impervious % for the entire project will be less. 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The stormwater management plan consists of a constructed wetland with an outfall to House Creek. The Stormwater Management Plan has been reviewed and preliminarily approved by the City of Raleigh and will receive final approval upon issuance of the Buffer Authorization. A copy of the final approval by the City of Raleigh will be provided to DWQ upon issuance. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Raleigh ® Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project is located within a heavily developed area of Raleigh and is not anticipated to be a catalyst for future development that could impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. 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. City of Raleigh sanitary sewer Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑ No impacts? E] Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 ❑ Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Troy Beasley — W &R Authorized Agent 10/11/12 Applicant /Agent's Printed Name Date Applicant /Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION WITHERS RAVEN EL ENGINEERS i PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser Pandas Properties. LLC (Client) does hereby appoint Trov Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and /or; b) preparation and submittal of appropriate environmental permit applications /requests for the Crabtree Village project. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests /applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: Troy Beasley /Withers & Ravenel, Inc. 1410 Commonwealth Drive. Suite 101 Wilmington, NC 28403 Tel. (910) 256 -9277 Date: 10/11/12 Signature of Client: Alan Dean Uce President Na - Print} (Title) 1-( (Signature) 1111 Metropolitan Ave: Suite 235 Mailing Address Charlotte NC 28204 City State Zip 111 MacKenan Drive I Cary, NC 275111 tel.: 919.469.33401 fax: 919.467 -6008 1 www.withersravenet.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 AERIAL PHOTO, USGS QUAD MAP & WAKE CO. SOIL SURVEY 100 1 inch 200 ft. A `A I Ito" �4 Ll NP et . IL& f I It '4g r 41' If .19 Ak' 4 Ilk. L A • .4 GRAPHIC SCALE f 0 500 1000 tit � � �• ' r ► 1 inch = 1000 ft. �' 1 diff • � II 1 y i .�1i SITE ." 1� ` - • ^� —L.� _mow/ zk �:�- • r Ll CRABTREE VILLAGE USGS QUAD MAP - RALEIGH WEST WITHERS RAVENEL ENGINEERS 1 PLANNERS I SURVEYORS kalci h Wake CO-31Nonh Carolina e,; x r� q4P. r 4 ` l MW41 Y _ice ,i� � � `� �� ' 4 � . 1 � ill► * ', . It AOL Aj kL m► �.., CORPS NWP 39 FOR PREVIOUS CRABTREE VILLAGE PROJECT U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW - 2012 -00994 County: Wake U.S.G.S. Quad: NC- RALEIGH WEST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Redus NC Land, LLC Agent: Withers & Ravenel Bill Honaker Troy Beasley Address: Vice President Address: 1410 Commonwealth Drive, Suite 101 8540 Colonnade Center Drive, Suite 111 Raleigh, NC, 27615 Wilmington, NC, 28403 Size and location of property (water body, road name /number, town, etc.): The property consists of approximately 24 acres located north of the intersection of Crabtree Village Avenue and Blue Ridge Road, in Raleigh, NC. The property is bordered to the south by Blue Ridge Road, to the east by Crabtree Valley Avenue and to the north by Edwards Mill Road. The project will impact House Creek, a tributary to Crabtree Creek and ultimately, the Neuse River. Latitude 35.8353445785536 Longitude - 78.6784674683484 Description of projects area and activity: Applicant proposes to permanently impact 96 linear feet of stream channel associated with the construction of two road crossings of House Creek in the development of Crabtree Village, a mixed commercial / residental facility. Specifically, the impacts are assocaited with road improvements to Crabtree Valley Avenue and Blue Ridge Road, in Raleigh North Carolina and will impact a total of 60 linear feet at one crossing and 36 linear feet at the second crossing. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 39 Commercial and Institutional Developments. SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information received 7 Apr 2011. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 807 -6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Jean Gibby at 919 -554 -4884 x24. Corps Regulatory Official Date: _06/10/2011 Expiration Date of Verification: 03/18/2012 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http:// per2 .nwp.usace.army.mil /survey.html to complete the survey online. Copy Furnished: Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Action ID Basis For Determination The site exhibits evidence of an ordinary high water mark through destruction of terrestrial vegetation, pool and riffle complexes, and changes in soil characteristics. Remarks Attention USDA Program Participants This delineation /determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation /determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by H l 0. . Jn wrxj� * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: Date: 10 June 2011 Expiration Date: 10 June 2016 Copy furnished: IMPACT EXHIBITS IMPACT. 1 c3p '9t2.1 Z �, 44G (CONSTRUCTED \ \ n gp I 1 L— - -� I WETLAND /- �I 6 I - ; it I a o V, ® '0 P 18 ® 1" _ 1000' , , IMPACT 2 I, ' All AUTHORIZATION REQUEST STATEMENT THE PURPOSE OF THIS BUFFER IMPACT IS TO INSTALL UNDERGROUND STORM DRAINAGE UTILITY PIPES FROM PROPOSED STORMWATER MANAGEMENT BMPS THROUGH THE NEUSE RIVER BUFFER INTO THE EXISTING POND. PROPERTY OWNER: 0 500' 1000' 2000' SITE LOCATION 0 100' 200' 400' REDUS NC LAND LLC JACKSONVILLE, FL SCALE: 1" = 1000' SCALE: 1" — 200' WITHERS RA E 0E L ENGINEERS I PLANNERS I SURVEYORS 111 MocKenon Drive Cary, North Carolina 27511 tel: 919- 469 -3340 fax: 919- 467 -6008 www.withersrovenel.com License No. C -0832 C R A B T R E E VILLAGE PHASE 1 RALEIGH NORTH CAROLINA EXHIBIT A BUFFER AUTHORIZATION LOCATION MAP Designer W &R Scale AS SHOWN 2 Drawn By GAS Date 10/10/2012 Checked By W &R Job No. 2110265.00 I I ( RIP —RAP VELOCITY I DISSIPATOR CONSTRUCTED WETLAND -RAP RIP VELOCITY IDIS�PATOR 1 /• 3g QO IN zz ' S \ IMPACT 1 \ \ /' IMPACT'Y' ,\ / AREA OF BUFFER IMPACTS ZONE 1: 755 SF IMPACT 1 NEUSE RIVER ZONE 2: 400 SF RIPARIAN BUFFER ZONE 1: 515 SF THERE ARE NO WETLANDS LOCATED WITHIN THE PROJECT AREA. IMPACT 2 0 10' 20' 40' 0 10' 20' 40' ZONE 2: 289 SF TOTAL: 1,959 SF 0.045 AC SCALE: 1" = 20' SCALE: 1" = 20' C R A B T R E E VILLAGE EXHIBIT B Designer W &R Scale 1" = 20, Drawn By Date WITHERS RA E 0E L ENGINEERS I PLANNERS I PHASE 1 BUFFER AUTHORIZATION GAS 10/10/2012 SURVEYORS 111 MocKenon Drive Cary, North Carolina 27511 tel: 919- 469 -3340 fax: 919- 467 -6008 www.withersrovenel.com RALEIGH NORTH CAROLINA IMPACT MAP 2 Checked By fob No. License No. C -0832 W &R 2110265.00