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HomeMy WebLinkAbout20200624 Ver 3_Pre-Filing Meeting Request_20210316DWR Pre -Filing Meeting Request Form ID#* Regional Office* Reviewer List* 20200624 Version* Central Office - (919) 707-9000 Rick Trone Pre -Filing Meeting Request submitted 3/16/2021 3 Contact Name * Robert Zarzecki, Sr. Contact Email Address* bzarzecki@sandec.com Project Name * Galahad Drive Project Owner* Atlas Stark Holdiings, LLC (attn: Robert S. Adams III) Project County* Wake Owner Address: Street Address 911 N. West Street, Suite 201 Address Line 2 aty State / Bovine / Region Raleigh NC Fbstal / Zip Code Country 27603 United States Is this a transportation project?* r Yes F No Type(s) of approval sought from the DWR: i7 401 Water Quality Certification - I— 401 Water Quality Certification - Regular Express I— Individual Permit I— Modification F Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Please list all existing project ID's associated with this projects.* DWR#2020-0624v2 Do you know the name of the staff member you would like to request a meeting with? Rick Trone Please give a brief project description below and include location information. * Rick - We really have no need to hold a pre -filing meeting unless you would like one. We are simply requesting this previously approved Certification (and NWP verification) to be reissued under the new GC4263 and new NWP39 as the impacts are not anticipated to occur prior to March 2022. There have been no changes to the proposed project or plans. Stream impacts remain the same at 230 If (+/- 0.03 acres), so we should be good to go under the new NWP39 & GC. Please let me know as soon as I can submit. Thanks. - Bob Zarzecki Please give a couple of dates you are available for a meeting. 3/18/2021 3/22/2021 Please attach the documentation you would like to have the meeting about. 20200624v2Galahad DriveMOB(Wake)_401 _G... 697.04KB SAW-2020-00922 - NWP 39 Verfication.pdf 830.75KB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 3/16/2021 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 9, 2020 DWR # 20200624 v2 Wake County Atlas Stark Holdings, LLC Attn: Mr. Robert S. Adams, III 911 N. West Street STE 201 Raleigh, NC 27603 Subject: Approval of 401 Water Quality Certification with Additional Conditions Galahad Drive Medical Office Building Dear Mr. Adams: You have our approval for the impacts listed below for the purpose described in your application dated May 21, 2020, with fee received by the Division of Water Resources (Division) May 26, 2020. Additional information was received on June 22, 2020. The impacts associated with this project are covered by the attached Water Quality General Certification Number 4139. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Fill/Culvert Installation ("Stream A", UT to Longbranch Creek) 230 (linear feet) 0 (linear feet) 2. No Buffer Impacts Approved No impacts to riparian buffers are approved by this Certification. Buffer Impacts associated with this project were approved by the Major Exception. Those Buffer impacts are subject to the D_E NUN fH (:Ai(1!INA OepeNn.nl 0 EnnlrpnmenWi Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919,707.9000 Galahad Drive MOB — 401 Certification DWR # 2020-0624v2 Wake County Page 2 of 3 conditions outlined in the Buffer Authorization with Major Exception and conditions issued September 9, 2020 (DWR Project Number 2020-0624v1). 3. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. This Authorization with Exception can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division for the Neuse River Riparian Buffer Rules as described in 15A NCAC .0714 and 15A NCAC 02B .0611. Please contact me at Paul.Wojoski@ncdenr.gov if you have any questions or concerns. Galahad Drive MOB — 401 Certification DWR # 2020-0624v2 Wake County Page 3 of 3 Sincerely, -DocuSigned by: Peva W02 `-949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Enclosure: GC4139 cc: Bob Zarzecki, Soil and Environmental Consultants (via email) W. Dwight Graham, Property Owners' Agent (via email) Laserfiche File Name: 20200624v2GalahadDriveMOB(Wake)_401_GC Permittee: Address: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00922 County: Wake U.S.G.S. Quad: NC -Raleigh East GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Atlas Stark Holdings, LLC. Robert S. Adams III 911 N. West Street, Suite 201 Raleigh, NC 27603 Size (acres) -2.41 acres Nearest Town Raleigh Nearest Waterway UT to Longview Branch River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.783573 Longitude: -78.589714 Location description: The project site is approximately 2.41 acres located adjacent to Galahad Drive Between Luther Road and West Campus Drive in Raleigh, Wake County, North Carolina. Description of projects area and activity: This verification authorizes 230 linear feet of permanent stream channel impacts for culvert installation to construct the Galahad Drive MOB project. Mitigation is required for this proposal. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 39. Commercial and Institutional Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 5/21/2020, and the enclosed plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. 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 Resources (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 Morehead City, NC, at (252) 808-2808. 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 Lyle Phillips at (919) 554-4884 x25 or George.L.Phillips(a,usae.army.mil. PHILLIPS.GEORGE.L.15740 Digitally signed by P H I LL I PS.G EO RG E.L.1574018311 18311 Date: 2020.09.25 10:59:46-04'00' Corps Regulatory Official: Date: 9/25/2020 Expiration Date of Verification: 03/18/2022 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 Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Paul Wojoski — NCDEQ-DWR — 3800 Barrett Drive, Raleigh, NC 27609 SAW-2020-00922 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2020-00922 County: Wake Permittee: Atlas Stark Holdings, LLC., Robert S. Adams III Project Name: Galahad Drive MOB Date Verification Issued: 9/25/2020 Project Manager: Lyle Phillips Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Lyle Phillips Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or George.L.Phillips@usae.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Compensatory Mitigation Responsibility Transfer Form Permittee: Atlas Stark Holdings, LLC., Robert S. Adams III Action ID: SAW-2020-00922 Project Name: Galahad Drive MOB County: Wake Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 230 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 345 Mitigation Site Debited: EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank — Poplar Creek Site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Resource Environmental Solutions, LLC., confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 5/21/2020 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: Lyle Phillips Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 George.L.Phillips@usae.army.mil PH ILLI PS.GEORGE.L. Digitally signed by P H I LLI PS.G EO RG E.L.1574018311 15 74018311 Date: 2020.09.25 10:59:07-04'00' 9/25/2020 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil Site Information Total Combined Parcel Size: 2A1 AC Zoning: OX-7-PL (Floor Mixed -Use Office, Parking Limited) Amenity Area Required: 1 0% of parcel 1 0, 500 SF Tree Conservation Area (TCA): 10,500 SF minimum (if ail parcels recombined) 0 SF (if no parcel greater than 2 acres) Proposed Building: 24,000 SF Medical Office Building Parking Required for MOB: 1/300 SF 80 Minimum, 120 Maximum (150% of minimum parking) Must have a primary entrance face primary street / Galahad Drive -PL limits surface parking to 2 bays with a single drive aisle between the building and the street. MOB CONCEPT Parcel Area: 2A1 AC Medical Office Building: 4,000 SF Surface Parking: 120 (approximate) Amenity Area: 1Q500 SF Passive Open Space -F Courtyard at main entry ' —*gab 4 - ZONE 1 = 17,174 SF ZONE 2 = 9 38g SF dx,441 TOTAL STREAM BUFFER 26,55 SF 2020 i41 rusoftCorporaton Ci 2026; la1GIobe QC tirtioft;Aii GALAHAD DRIVE MOB CONCEPTS 25 50 SCALE 1- = 50" t00 ni—erj STEWART 01 24 2020 Site Information Total Combined Parcel Size: 2A1 AC Zoning: OX-7-PL (7 Floor Mixed -Use Office, Parking Limited) Amenity Area Required: 10% of parcel 10,500 SF Tree Conservation Area (TCA): 10,500 SF minimum (if all parcels recombined) 0 SF Of no parcel greater than 2 acres) Proposed Building: 24,000 SF Medical Office Building Parking Required for MOB: 1/300 SF 80 Minimum, 120 Maximum (1. 0% of minimum parking) Must have a primary entrance face primary street / Galahad Drive -PL limits surface parking to 2 bays with a single drive aisle between the building and the street. MOB CONCEPT Parcel Area: 2 Al AC Medical Office Building: 4,000 SF Surface Parking: 120 (approximate) Amenity Area: 10,500 SF Passive Open Space + Courtyard at main entry ZuO Sr MINTY AREA .;rrI0111t.F HEIGHT I'k r.4INPNti1sVr1LI rl. i' { is 7 " TAIS.I CONNECT TO EXISTING 1 R NETWORK HERE '1 ZONE 1 = I (, ! ?4 SF ZONE 2 = 9.-359 SF TOTAL STREAM BUFFER = 26,563 SF .I. , 7 . ' ,5.0ft Corporation 20Ol italGr*be . ,C hsrtion Airtx.rs i \t • GALAHAD DRIVE MOB CONCEPTS o 0 25 50 SCALE 1 = 50' ,00 1 STEWART 01 24 2020 Site Information Total Combined Parcel Size: 2.41 AC Zoning: OX-7-PL (7-Floor Mixed -Use Office, Parking Limited) Amenity Area Required: 10% of parcel / 10,500 SF Tree Conservation Area (TCA): 10,500 SF minimum (if all parcels recombined) 0 SF (if no parcel greater than 2 acres) Proposed Building: 24,000 SF Medical Office Building Parking Required for MOB: 1/300 SF 80 Minimum, 120 Maximum (150% of minimum parking) Must have a primary entrance face primary street / Galahad Drive -PL limits surface parking to 2 bays with a single drive aisle between the building and the street. MOB CONCEPT Parcel Area: 2.41 AC Medical Office Building: 24,000 SF Surface Parking: 120 (approximate) Amenity Area: 10,500 SF Passive Open Space + Courtyard at main entry VARIABLE HEIGHT RETAINING WALL y (UP TO 20' TALL) �Q CONNECT TO i \EXISTING STORM It \ NETWORK HERE \ \ \ 7,000 SF AMENITY AREA J GALAHAD DRIVE MOB CONCEPTS CONNECT TO EXISTING STORM NETWORK HERE 3,500 SF AMENITY AREA PRIMARY ENTRANCE TE ART 01 24 2020