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HomeMy WebLinkAbout20120348 Ver 1_More Info Received_20121107V \Q�- zz4g CELEBRATING V SEPI C 11014 November 7, 2012 Mr. James Lastinger US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Dear Mr. Lastinger: 1025 WADE AVENUE RALEIGH, NC 27605 TEL 919.789.9977 . FAX 919.789.9591 Subject: SAW- 2011 - 01566: Modification of Section 404 Nationwide Permit 29 for the Marquee Station Residential Development located on U.S. 421 near Fuquay - Varina, Wake County, North Carolina The United State Corps of Engineers (USACE) issued a Nationwide Permit 29 for Marquee Station residential development on April 16, 2012. Due to the addition of a stormwater facility, proposed wetland impacts have been modified to result in the following impacts: • W1— 0.21 ac. of permanent fill • W2 — 0.1 ac. of temporary excavation • W3 — 0.02 ac. of temporary excavation A modified pre - construction notification (PCN) form has been completed, and it is attached to this letter. In addition to the PCN, the following items are attached: • Revised project permit drawings • The project's acceptance letter from the NC Ecosystem Enhancement Program for wetland impacts signed November 6, 2012 Summary of Mitigation: The project has been designed to avoid and minimize impacts to jurisdictional areas throughout the design processes. However, project impacts will necessitate compensatory mitigation for the unavoidable impacts. SEPI researched and contacted potential mitigation bankers concerning available riparian wetland mitigation credits. No credits were available through mitigation banks. The North Carolina Ecosystem Enhancement Program (EEP) has accepted the project and will provide mitigation credits associated with 0.21acres of permanent impacts associated with the project (see attachment for EEP acceptance letter). 0 �� Thank you for your assistance with this project. If you have any questions or need additional information, please contact Mr. Andy Kiley at akiley @sepieneineerine.com or (919) 573 -9914. Sincerely, Andy Kiley, PWS cc: NCDWQ Wetlands /401 Unit Page 2 J 1025 WADE A VENUE - CELEBRAT! \C / SEPI RALEIGH, NC 27605 CE \GINFFEING & COYSTRUCIION TEL 919.789.9977 . FAX 919.789.9591 Thank you for your assistance with this project. If you have any questions or need additional information, please contact Mr. Andy Kiley at akiley @sepieneineerine.com or (919) 573 -9914. Sincerely, Andy Kiley, PWS cc: NCDWQ Wetlands /401 Unit Page 2 J O�OtWAT�9�G y r O < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre- Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Q Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. 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. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes Q No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Marquee Station 2b. County: Wake 2c. Nearest municipality / town: Fuquay - Varina 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: BH Marquee Station LLC 3b. Deed Book and Page No. Book: 14511 Page: 0037 3c Responsible Party (for LLC if applicable): Wayne Hightower 3d. Street address, 111 Cloister Ct, Suite 114 3e. City, state, zip: Chapel Hill, NC 27514 -2295 3f. Telephone no.: 919.210.5729 3g. Fax no.: 919.490.6993 3h Email address: wayne@blueheronfund.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is: Q Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip. 4f Telephone no.: 4g. Fax no.: 4h. Email address: S. Agent/Consultant Information (if applicable) 5a. Name: Andy Kiley 5b. Business name (if applicable): SEPI Engineering and Construction, Inc. I 5c. Street address: 1025 Wade Ave 5d. City, state, zip, Raleigh, NC 27605 5e Telephone no.: 919.789.9977 5f. Fax no.: 919.789.9591 5g. Email address: akiley @sepiengineedng.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID) 677347776 1 b. Site coordinates (in decimal degrees): I Latitude: 35.6035 Longitude: - 78.7514 1 c. Property size: 3.5 acres Phase 3 of 3 phase project with total of 23.53 acres 2. Surface Waters 2a Name of nearest body of water to proposed project: Terrible Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 2c River basin: Upper Neuse, NC (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: Site comprised of recent farmland and drive -in theater. Farmland is reverting to forested cover and theater area covered by herbaceous species. Surrounding landuse include high-density commercial, farmland, medium density residential, and grade school campus. 3b. List the total estimated acreage of all existing wetlands on the property: 1.59 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Site is designed to be a multi - family residential. 3e. Describe the overall project in detail, including the type of equipment to be used. Project includes the construction of 2 multi- family residential buildings and associated parking, roads, and garage units. Construction will also include aerial sewer line, pedestrian walkway, channel crossing. Construction equipment such as graders, back hoes, and dump trucks will be used in construction 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? ❑X Yes ❑ No ❑ Unknown Comments: SAW- 2011 -01566 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary Q Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Andy Kiley Agency /Consultant Company: sEPI Engineering and Const. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. August 24, 2011 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 0 Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. This PCN is a resubmittal for a previously obtained permit SAW- 2011 - 01566. Proposed wetland impacts have been modificed since permit was obtained. 6. Future Project Plans 6a. Is this a phased project? Q Yes ❑ No 6b. If yes, explain. Project includes 3 phases with potential 4th phase. Phases 1 and 2 do not involve wetland impacts. Phase 3 includes impacts listed in this application. Phase 4 is potential commercial development along US 421 and includes portions of jurisdicational wetland listed in this permit. Impacts are not planned to the portion of wetlands in Phase 4. Applicant understands impacts in phase 4 would be linked to this permit. Page 3of10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): X❑ 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. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest Yes Corps 0.21 W2 T Excavation Bottomland Hardwood Forest Yes Corps 0.1 W3 T Excavation Bottomland Hardwood Forest Yes Corps 0.02 W4 - Choose one Choose one Yes /No W5 - Choose one Choose one Yes /No - W6 - Choose one Choose one Yes /No 2g. Total Wetland Impacts: 0.33 2h. Comments: W1 - Roadway Crossing; W2 - Aerial Sanitary Sewer Line Crossing; W3 - Elevated Boardwalk Crossing 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - S2 - Choose one S3 - Choose one S4 - Choose one - - S5 - Choose one - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 indivi ually 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 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 6. Pond or Lake Construction If pond or lake construction proposed, the 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 P1 Choose one P2 Choose one 5f. 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: 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. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet 61 - Yes /No B2 - Yes /No B3 - Yes /No B4 - Yes /No B5 - Yes/No B6 - Yes /No 6h. Total Buffer Impacts: 6i. Comments: Site was reviewed by Martin Richmond on June 8, 2011. Three drainage features on -site were called out as "Not Subject" as documented on letter from DWQ date July 20, 2011 (NBRRo#11 -127). Page 5 of 10 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. Site design avoided placing major structures or facilities within the boundaries of wetland. Retaining walls have been used to reduce footprint. Impacts are limited to 3 crossings. 2 crossings were elevated to reduce impacts. Final crossing consists of a road needed to link site to adjacent residential buildings. Road crosses narrower section of wetland. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Road crossing placed and designed using standard practices for safety and stability. 36' culvert will connect flows above and below crossing. Riprap energy dissipator will minimize storm flow velocity exiting culvert. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ Q Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank Q 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Proa ram 4a. Approval letter from in -lieu fee program is attached. Q Yes 4b Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e Riparian wetland mitigation requested: 0.42 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. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 Q 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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes Q 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. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 50% 2b. Does this project require a Stormwater Management Plan? ❑X 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: Project will provide retention that matches pre - development run -off. 2e. Who will be responsible for the review of the Stormwater Management Plan? NC -DWQ 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ 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): H Session Law 2006 -246 [:]Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q 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 Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X 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)? 1c. 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 Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes Q 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 Q 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. 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. On -site sewer will be routed by sanitary sewer main to Fuquay -Varina wastewater treatment facility. Town of Fuquay -Varina -has approved project against treatment facility capacity. Page 9 of 10 PCN Form — Version 1.4 January 2009 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 ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Q Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter from Pete Benjamin of the USFWS dated July 26, 2011 states that based on client provided and other available information the site is not likely to adversely affect any federally- listed endangered or threatened species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? N/A 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 Q 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? 1A letter from the State Historic Preservation Office dated July 21, 2011 stated that there are no known archaeological sites within project area. A letter from the Catawba Indian Nation dated August 29, 2011 stated no corcems for archeological resources within project area. A letter from the State Historic Preservation Office dated August 19, 2011 stated that there are no known historical sites adversley affected by the proposed project. 8. Flood one Designation (Corps equirement 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes Q No 8b. If yes, explain how project meets FEMA requirements* 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Andy Kiley ` L�, lLi 11/7/2012 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 10 of 10 Wayne Hightower Blue Heron Fund 111 Cloister Ct., Suite 114 Chapel Hill, NC 27514 Project: Marquee Station Expiration of Acceptance: May 6, 2013 County: Wake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state federal or local government permits regulations or authorizations associated with the proposed activity including SL 2009-337: An Act tq Promote the Use of Com_pensatory Mitigation Banks as amended by This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 716 -1921. Sincerely,' (::7 Su ne limek Acting irector cc: Karen Higgins, NCDWQ Wedands/401 Unit James Lastinger, USACE - Raleigh Andy Kiley, agent File lzwvri,ol�5... ... Prot" o r .�t7a& M HEIR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep.net I River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impact Neuse 03020201 0 0 0 0.21 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 716 -1921. Sincerely,' (::7 Su ne limek Acting irector cc: Karen Higgins, NCDWQ Wedands/401 Unit James Lastinger, USACE - Raleigh Andy Kiley, agent File lzwvri,ol�5... ... 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