HomeMy WebLinkAbout20051882 Ver 7_401 Application_20131206 (294)J
McADaMs
LETTER OF TRANSMITTAL
To: Ms. Karen Higgins Date
401 & Buffer Permitting Unit Supervisor
NC DENR - Division of Water Resources
1650 Mail Service Center,
Raleigh, NC 27699 -1650
Re: Highland Creek - GC 3890 Appilcation Job No
Previous DWQ Project No. DWQ # 05 -1882
1 am sending you the following item(s):
o5 - I8 gc-10 7
December 3, 2013
REGULAR MAIL
CTX -13000
COPIES
DATE
NO.
DESCRIPTION
5
For review and comment
Signed Agent Authorization Form
5
PCN - GC 3890
5
Set of Exhibits
2
Digital CD's
1
Check for $240.00
These are transmitted as checked below:
❑
As requested
®
For approval
❑
For review and comment
❑ For your use
,L7�
Kpyfn Yates
P, oject Manager,
Water Resources & Infrastructure
Raleigh- Durham Charlotte
2905 Meridian Parkway 11301 Carmel Commons Blvd., Suite 111
Durham, North Carolina 27713 Charlotte, North Carolina
(919) 361 -5000 (704) 527 -0800
Designing Tomorrow's Infrastructure & Communities
McAdamsCo.com
M-cADAM.S
November 20, 2013
Ms. Karen Higgins
401 & Buffer Permitting Unit Supervisor
NC DENR - Division of Water Resources
1650 Mail Service Center, Raleigh, NC 27699 -1650
Re: GC 3890 —Application/ Re- Authorization
AID # 200521177- Highland Creek
Raleigh, North Carolina
CTX -13000
Dear Ms. Higgins:
On behalf of Taw Development and Pulte Homes, we are applying for a US
Army Corps of Engineers (USACE) Nationwide Permit 29 and NC Division
of Water Resources (DWR) for previously authorized impacts and newly
proposed impacts associated with the current and final Phase 10 of the project
known as Highland Creek. The existing Highland Creek residential subdivision
is located on the north side of U.S. Hwy. 401, approximately 2000 ft north of its
intersection with Ligon Mill Road (SR 2044), adjacent to Tom's Branch, south
of Rolesville, Wake County, North Carolina and within the Neuse River Basin.
• Signed Agent Authorization
• Fig.I - USGS Quad — West Raleigh
• Fig.2- Wake County Soil Survey (Sheets: 21,22,30,3 1)
• Fig.3- Existing Conditions
• Fig.3- Existing Conditions w. Aerial
• Fig.4- Overall Impact Map (Insets 1 -5)
• Fig.4- Overall Impact Map w. Aerial
• Pre - Construction Notification
• Data Forms
• Stream Evaluation forms
• Previous Authorized NWP (AID # 200521177)
• Previous Authorized DWQ Water Quality Certification
The John R. McAdams
Company, Inc.
DWQ. Project No DWQ # 05- 1882.)
• Signed Wetland Delineation Maps (AID # 200521177)
Raleigh / Durham, INC
• DWQ Neuse Buffer Determination Letter (NBRRO# 07 -140)
2905 Meridian Parkway
Durham, North Carolina 27713
(919) 361 -5000
Charlotte, NC
11301 Carmel Commons Blvd,
Suite 111
Charlotte North Carolina 28226
(704) 527 -0800
McAdamsCo.com
Designing Tomorrow's Infrastructure & Communities
Ms. Karen Higgins
Highland Creek
November 20, 2013
Page 2 of 8
PROJECT LOCATION/HABITAT: The existing Highland Creek
residential subdivision is located on the north side of U.S. Hwy. 401,
approximately 2000 ft north of its intersection with Ligon Mill Road (SR 2044),
adjacent to Tom's Branch, south of Rolesville, Wake County, North Carolina.
Specifically, the current and last phase of the project, Phase 10, is located in the
northwest quadrant of the existing Highland Creek subdivision. The current
project area is approximately 77.66 acres of the overall 320 acre project.
Approximately 60 percent of the subject property can be characterized as
cleared /maintained /disturbed land with shrub /scrub vegetation, while 40
percent is comprised of sparsly forested areas along the riparian corridors.
The riparian buffer consists of mainly loblolly pine, Red Maple, Tulip Poplar,
a few Oaks species, with an understory Chinese Privet, and vine species.
There are also several old asphalt roads left from the former trailer park in the
southwest quadrant of the project area, and a previously constructed
stormwater management facility on the eastern boundary (See Figures 1- 3).
Land use within the vicinity of the project is multi - family and residential, and
with forested areas in the vicinity of the project area. There is also City of
Raleigh sanitary sewer easements within and adjacent to the property and a
greenway running along the northern boundary of the property.
JURISDICTIONAL FEATURES & PREVIOUS DETERMINATIONS:
The subject property drains to Toms Creek, which empties into the Neuse
River (HUC 03020201). The limits of the streams have not changed since the
overall permit was issue. A jurisdictional determination was issued for the
subject property by Mr. Todd Tugwell of the USACE on 08/04/2005 (action
ID # 200521177). According to Mr. Tugwell the wetland /stream delineation
was verified by Ms. Andrea Wade. An intermittent important stream
determination was made on September 8, 2005, by Kevin Yates (JRM) and
John Altizer (JRM) of the feature upstream of the pond on sheet 2 of the
signed wetland delineation maps and feature H on the attached Wake County
CTX -13000
Ms. Karen Higgins
Highland Creek
November 20, 2013
Page 3 of 8
Soil Survey. Feature H was deemed to be an important intermittent stream
from Flag 216 to the pond, and unimportant intermittent from Flag 216 to the
start of the linear wetlands (see attached USACE Stream Forms and Photo
Exhibit). Mr. Monte Matthews of the USACE concurred with this
determination on -site on September 19, 2005. A Neuse River Stream Buffer
verification letter was issued by Ms. Debbie Edwards on January 27, 2005, in
which features A, B, and C on the Wake County Soils map were considered
subject to the rule. As well, Ms. Amy Chapman confirmed the buffer origin of
feature G, on December 1, 2005. Feature H on the Wake County Soils map is
also subject to the Neuse River Buffer rules.
JURISDICTIONAL FEATURES W/N CURRENT PHASE 10: Within
Phase 10, there is 2,370 if of intermittent stream, with 119 if of that being
unimportant intermittent stream channel. There is also 2, 258 if of perennial
stream, and 2.23 acres of riparian wetlands. The linear wetland "E" at the
head of Pond A, has been reduced by 30 square feet from the previous
delineation, due to the lack of hydric soils and hydrology. All waters in Phase
10, drain to Toms Creek, which is designated as Class C/NSW and subject to
the Neuse River Buffer Rules. Both Stream Features "A ", "C ", and "D ", and
Pond "A" are subject to the riparian buffer rules See Figures 1 -3, for existing
condition and the previous Neuse Buffer Determination Letters, (NBRRO#
07 -140) and approved USACE wetlands map (USACE Action ID #
200521177) (enclosed).
PREVIOUSLY AUTHORIZED IMPACTS: The entire Highland Creek
project, stream and wetland impacts were originally permitted by the USACE
in October 19, 2005 (NWP 39- USACE Action Id. 200521177) and NCDWQ
on December 2, 2005 (DWQ # 05 -1882) with subsequent modifications and off -
site sewer impacts. A majority of the proposed project is built -out, aside fiom the
current and last phase, Phase 10. Phase 10 of the development will consist of
CTX -13000
Ms. Karen Higgins
Highland Creek
November 20, 2013
Page 4of8
272 single family lots, with associated utilities, stormwater management and
roadway improvements. The Phase 10 project area is owned by Taw
Development but will be developed by Pulte Homes, and eventual ownership
handed over to Pulte.
Previously permitted impacts for the entire project were approximately 0.046
acres of wetlands (temporary and permanent impacts), 209 linear feet of
stream channel (temporary and permanent impacts), and 13,775 square feet of
Zone 1 and 48,322 square feet of Zone 2 of Neuse Buffer impacts. These
impacts were for a road crossing, sewer line crossings, greenway impacts, and
minor lot fill.
CURRENTLY PROPOSED IMPACTS: A majority of the impacts in Phase
10 have been previously authorized by the Corps and DWR. The entire site was
designed to minimize impacts to aquatic resources, while utilizing the
remaining parcel. The design is for high density but all proper sedimentation
and erosion control measures will be implemented, as well there is network of
stormwater management facilities strategically placed throughout the site to
minimize runoff (See Figure 4, Insets 1 -3).
INSET 1: Although efforts have been made to avoid impacts to the wetland in
this location, construction of the side slopes coming off the road to the north
and west will likely impact wetland "A ", so there is 0.01 -acre (500 square feet)
of impact proposed in this location. This would be an additional impact to
previously authorized impacts.
INSET 2: There are proposed impacts of 0.01 acre (531 square feet) of linear
wetland "E" and 114 linear feet of unimportant intermittent stream channel
"E" proposed for lot fill, which was previously authorized. This is 5 linear
feet less of unimportant intermittent channel that was previously permitted.
As well, the previously authorized bottomless arch culvert crossing, adjacent to
these impacts in INSET 2, in Phase 10, has been re- designed to avoid impacts
to the important intermittent stream channel. This avoided 56 linear feet of
16* 16191010111
Ms. Karen Higgins
Highland Creek
November 20, 2013
Page 5 of 8
important intermittent stream channel. A headwall was incorporated to
minimize impacts associated with impacts to the stream, pond, and Neuse
Buffers in this location.
INSET 3: The sanitary sewer will need to cross Stream "E" in this location to
tie into the main trunk line to the north of the creek. Impacts have been located
to minimize impacts to wetlands and streams. There is 21 linear feet of
temporary impact to stream `B" and 1,265 square feet of Zone 1 and 846 square
feet of Zone 2 impacts to the Neuse Buffer, which crosses the stream at a near
90 degree angle with a maintenance corridor of 20 linear feet.
INSET 4/5: There are required high -flow bypass channels for each of the new
BMP's in Phase 10, which will require a rip- rapped lined channel going
through Zones 1 and 2 of the Neuse Buffer. This has resulted in combined
permanent impacts of 1,232 sf in Zone 1 and 919 sf in Zone 2 associated with
the two bypass channels within Insets 4 and 5. These are considered
allowable uses.
Typical construction equipment will be used such as a long -arm track -hoe,
front end loader, and bush hog for the initial clearing.
TOTAL PROPOSED WETLAND IMPACTS:
CTX -13000
Previously
Newly
Impact Location
Impact Type
Permitted
Proposed
(acres)
(acres)
Inset 1 (perm.)
Fill
(road)
0.01
Inset 2 (perm.)
Fill
(lot fill)
0.01
TOTAL
404 /401 wetlands: 0.02 acre
CTX -13000
Ms. Karen Higgins
Highland Creek
November 20, 2013
Page 6 of 8
TOTAL PROPOSED STREAM IMPACTS:
TOTAL RIPARIAN B UFFER IMPACTS:
Impact Location
Impact Type
Previously
Newly
Impact Location
Impact Type
Permitted
Proposed
(linear feet)
(linear feet)
Inset 2 (perm.)
Fill
114
Stream E (unimp. Int.)
(lot fill)
Inset 3 (temp.)
Trench & Backfill
21
Stream C (imp. Per.)
(sewer)
TOTAL
114 If of int. unimp.
21 if of imp. per.
TOTAL RIPARIAN B UFFER IMPACTS:
Impact Location
Impact Type
Impacts (square feet)
Zone I / Zone 2
Inset 3 (perm.)...
Sewer Easement 1,265 846
allowable
Inset 4 (perm.) BMP 628 469
allowable Discharge Outlet
Inset 5 (perm.) BMP 604 450
allowable Discharge Outlet
Total Zone 1 Impacts: 2,497 sf
TOTALS
Total Zone 2 Imnacts: 1,765 sf
CTX -13000
Ms. Karen Higgins
Highland Creek
November 20, 2013
Page 7of8
AVOIDANCE and MINIMIZATION: Specifically describe measures
taken to avoid or minimize the proposed impacts in designing project.
Impacts to jurisdictional streams and stream buffers have been avoided and
minimized to the maximum extent practicable, however due to required
infrastructure improvements there are proposed impacts . There are proposed
impacts of 0.01 acre (531 square feet) of linear wetland "E" and 114 linear
feet of unimportant intermittent stream channel "E" proposed for lot fill,
which was previously authorized. This is 5 linear feet less of unimportant
intermittent channel that was previously permitted. As well, the previously
authorized bottomless arch culvert crossing, adjacent to these impacts in INSET
2, in Phase 10, has been re- designed to avoid impacts to the important
intermittent stream channel. This avoided 56 linear feet of important
intermittent stream channel. A headwall was incorporated to minimize impacts
associated with impacts to the stream, pond, and Neuse Buffers in this location.
The sanitary sewer will need to cross Stream `B" in this location to tie into the
main trunk line to the north of the creek. Impacts have been located to
minimize impacts to wetlands and streams. There is 21 linear feet of temporary
impact to stream "E" and 1,265 square feet of Zone 1 and 846 square feet of
Zone 2 impacts to the Neuse Buffer, which crosses the stream at a near 90
degree angle with a maintenance corridor of 20 linear feet. The stormwater
dissipaters are angled at a near 90- degree angle minimizing riparian buffer
impacts.
MITIGATION: There is less than 1/10 of an acre (90 linear feet of important
stream channel / 0.046 acre of wetland) of total impacts (temporary/
permanent) to waters of the U.S. on the entire 320 -acre site. The applicant
proposes mitigation in the form of avoidance and minimization to waters of
the U.S..
STORMWATER MANAGEMENT: The proposed development is located
within the Neuse River basin and will be subject to the stormwater
management requirements set forth in Section 10, Chapter 9 of the City of
Raleigh regulations. Per City of Raleigh regulations, stormwater management
on this site shall address two primary issues: (1) peak discharge rates and (2)
CTX -13000
Ms. Karen Higgins
Highland Creek
November 20, 2013
Page 8 of 8
water quality management for nitrogen reduction. Please note that a
stormwater impact analysis was previously prepared and approved for Phase
10 in September 2010. This report serves as an update for that previously
approved analysis to account for the various changes to the Phase 10 layout.
Please note that the facilities provided in Phase 10 are adequate in meeting
applicable detention and water quality requirements. There are seven (7) total
stormwater management facilities proposed / built for the sub - basins that
contribute to these analysis points (4 facilities built as part of Phase 1 and
Phase 113 of the overall development, 1 facility under construction as part of
Phases 2 -7 & 11, and 2 facilities that are proposed as part of this preliminary
subdivision). There will be (3) stormwater wetlands facilities to service this
current and last Phase 10 of the Highland Creek subdivision. These facilities
will function as "dual- purposed facilities" by providing reduction in TN-
export and by providing detention such that the pre - development peak flow
rates are no greater than post - development peak flow rates in the 2- and 10-
year design storm events.
A copy of the final stormwater management plan and approval letter from the
City of Raleigh will be provided to NCDWR upon approval.
Consideration of this project is greatly appreciated. If you should have any
questions or require additional information, please do not hesitate to contact
me at (919) 287 -0895.
Sincerely,
Mcadams Company
Kevin Yates
Senior Environmental Consultant
Project Manager
Enclosures
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O�O�, W A rf; Q
�? r
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 15
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:
®Section 404 Permit ❑Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: or General Permit (GP) number: NWP: 29 / GP: 3890
1 c.
Has the NWP or GP number been verified by the Corps?
F[D Yes
® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express N 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 N No
For the record only for Corps Permit:
❑ Yes N 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
N No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
N No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
N No
2.
Project Information
2a.
Name of project:
Highland Creek — Phase 10
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:
Taw Development
3b.
Deed Book and Page No.
DB: 15084 Page: 2382
3c.
Responsible Party (for LLC if
applicable):
Paul Schubert
3d.
Street address:
6300 Westgate Road, Suite A
3e.
City, state, zip:
Raleigh, NC 27617
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
pauls @mts- nc.com
Page 1 of 15
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Responsible for Development of Highland Creek
Phase 10
4b. Name:
John Dempsey
4c. Business name
(if applicable):
Pulte Group, Raleigh
4d. Street address:
1225 Crescent Green Dr Ste 250
4e. City, state, zip:
Cary, NC 27518 -8119
447. Telephone no.:
919) 816 -1151
4g. Fax no.:
(919) 677 -0934
4h. Email address:
John.Dempsey @PulteGroup.com
5. Agent/Consultant Information (if applicable)
5a. Name:
Kevin Yates
5b. Business name
(if applicable):
McAdams Company
5c. Street address:
P.O. Box 14005
5d. City, state, zip:
Research Triangle Park, NC 27709
5e. Telephone no.:
919- 361 -5000
5f. Fax no.:
919 - 361 -2269
5g. Email address:
yates @mcadamsco.com
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
1748231683
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.9016 N Longitude: - 78.5206 W
(DD.DDDDDD) (- DD.DDDDDD)
1 c.
Property size:
Win Current Phase 10: 77.66 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
proposed project:
Toms Creek
2b.
Water Quality Classification of nearest receiving water:
C; NSW Stream Index Number 27 -2
2c.
River basin:
Neuse / HUC: 03020201
Page 2 of 15
PCN Form — Version 1.3 December 10, 2008 Version
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
The existing Highland Creek residential subdivision is located on the north side of U.S. Hwy. 401,
approximately 2000 ft north of its intersection with Ligon Mill Road (SR 2044), adjacent to Tom's Branch,
south of Rolesville, Wake County, North Carolina. Specifically, the current and last phase of the project, Phase
10, is located in the northwest quadrant of the existing Highland Creek subdivision. The current project area is
approximately 77.66 acres of the overall 320 acre project.
Approximately 60 percent of the subject property can be characterized as cleared /maintained /disturbed land
with shrub /scrub vegetation, while 40 percent is comprised of sparsly forested areas along the riparian
corridors. The riparian buffer consists of mainly loblolly pine, Red Maple, Tulip Poplar, a few Oaks species,
with an understory Chinese Privet, and vine species. There are also several old asphalt roads left from the
former trailer park in the southwest quadrant of the project area, and a previously constructed sto mwater
management facility on the eastern boundary (See Figures 1- 3).
The subject property drains to Toms Creek, which empties into the Neuse River (HUC 03020201). The limits
of the streams have not changed since the overall permit was issue. Within Phase 10, there is 2,370 if of
intermittent stream, with 119 if of that being unimportant intermittent stream channel. There is also 2, 258 if
of perennial stream, and 2.23 acres of riparian wetlands. The linear wetland "E" at the head of Pond A, has
been reduced by 30 square feet from the previous delineation, due to the lack of hydric soils and hydrology.
All waters in Phase 10, drain to Toms Creek, which is designated as Class C/NSW and subject to the Neuse
River Buffer Rules. Both Stream Features "A ", "C ", and "D ", and Pond "A" are subject to the riparian buffer
rules See Figures 1 -3, for existing condition and the previous Neuse Buffer Determination Letters,
(NBRRO# 07 -140) and approved USACE wetlands map ( USACE Action ID # 200521177) (enclosed).
Land use within the vicinity of the project is multi- family and residential, and with forested areas in the
vicinity of the project area. There is also City of Raleigh sanitary sewer easements within and adjacent to the
property and a greenway running along the northern boundary of the property.
Page 3 of 15
PCN Form — Version 1.3 December 10, 2008 Version
3b. List the total estimated acreage of all existing wetlands on the property:
Riparian: 2.26 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2,258 I.f. of Perennial Stream / 2,370 I.f. of Intermittent Stream
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide housing to north central Wake County, NC.
Page 4 of 15
PCN Form — Version 1.3 December 10, 2008 Version
3e. Describe the overall project in detail, including the type of equipment to be used:
The entire Highland Creek project, stream and wetland impacts were originally permitted by the USACE in
October 19, 2005 (NWP 39- USACE Action Id. 200521177) and NCDWQ on December 2, 2005 (DWQ # 05-
1882). A majority of the proposed project is built -out, aside from the current and last phase, Phase 10. Phase 10
of the development will consist of 272 single family lots, with associated utilities, stormwater management
and roadway improvements. The Phase 10 project area is owned by Taw Development but will be developed
by Pulte Homes, and eventual ownership handed over to Pulte.
PREVIOUSLY AUTHORIZED IMPACTS: Previously permitted impacts for the entire project were
approximately 0.046 acres of wetlands (temporary and permanent impacts), 209 linear feet of stream channel
(temporary and permanent impacts), and 13,775 square feet of Zone 1 and 48,322 square feet of Zone 2 of
Neuse Buffer impacts. These impacts were for a road crossing, sewer line crossings, greenway impacts, and
minor lot fill.
CURRENTLY PROPOSED IMPACTS: A majority of the impacts in Phase 10 have been previously
authorized by the Corps and DWR. The entire site was designed to minimize impacts to aquatic resources,
while utilizing the remaining parcel. The design is for high density but all proper sedimentation and erosion
control measures will be implemented, as well there is network of stormwater management facilities
strategically placed throughout the site to minimize runoff (See Figure 4, Insets 1 -3).
INSET 1: Although efforts have been made to avoid impacts to the wetland in this location, construction of the
side slopes coming off the road to the north and west will likely impact wetland "A ", so there is 0.01 -acre (500
square feet) of impact proposed in this location. This would be an additional impact to previously authorized
impacts.
INSET 2: There are proposed impacts of 0.01 acre (531 square feet) of linear wetland "E" and 114 linear
feet of unimportant intermittent stream channel "E" proposed for lot fill, which was previously authorized.
This is 5 linear feet less of unimportant intermittent channel that was previously permitted. As well, the
previously authorized bottomless arch culvert crossing, adjacent to these impacts in INSET 2, in Phase 10, has
been re- designed to avoid impacts to the important intermittent stream channel. This avoided 56 linear feet of
important intermittent stream channel. A headwall was incorporated to minimize impacts associated with
impacts to the stream, pond, and Neuse Buffers in this location.
INSET 3:The sanitary sewer will need to cross Stream "E" in this location to tie into the main trunk line to the
north of the creek. Impacts have been located to minimize impacts to wetlands and streams. There is 21 linear
feet of temporary impact to stream "E" and 1,265 square feet of Zone 1 and 846 square feet of Zone 2 impacts
to the Neuse Buffer, which crosses the stream at a near 90 degree angle with a maintenance corridor of 20 linear
feet.
INSET 4/5: There are required high -flow bypass channels for each of the new BMP's in Phase 10, which will
require a rip- rapped lined channel going through Zones 1 and 2 of the Neuse Buffer. This has resulted in
combined permanent impacts of 1,232 sf in Zone 1 and 919 sf in Zone 2 associated with the two bypass
channels within Insets 4 and 5. These are considered allowable uses.
Typical construction equipment will be used such as a long -arm track -hoe, front end loader, and bush hog for
the initial clearing.
Page 5 of 15
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 /
®Yes [_1 No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ preliminary ® Final (UNKNOWN)
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: S &EC / McAdams
Name (if known): Kevin Yates
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
• The original jurisdictional determination for the overall project, including current phase, was issued by Mr. Todd
Tugwell, of the USACE on August 4, 2005 (USACE Action ID # 200521177). An intermittent important stream call was
conducted September 4, 2005, for the original stream Feature H, which was deemed an important intermittent stream
feature from flag 216 to the pond, and unimportant from flag 216 to the linear wetlands. Original Feature H, now Stream
Feature C, is currently important intermittent stream feature from flag 216 to the pond.
USACE Action ID # 200521177, issued 8/04/05; Field confirmation of delineation of sewer alignment on August 7, 2007.
A surveyed plat was prepared by MSS Land consultants dated August 8, 2007 and submitted to the USACE (attached).
• DWQ Neuse River Buffer original determination issued 1/27/05 and for the sewer alignment on 7/25/07 (NBRRO# 07 -140).
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
• NWP 39 (USACE Action Id. 200521177) for the Highland Creek Subdivision was issued on October 19, 2005 by Mr.
Monte Matthews.
• 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules issued December 2,
2005 (DWQ # 05- 1882).
• Modification to 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules
issued March 6, 2006 (DWQ # 05 -1882) for the Highland Creek Subdivision was issued by Mr. Alan Klimek.
• Approval of the Highland Creek Subdivision (Phases 2 and 4) stormwater management plan (DWQ # EXP 05- 1882v4)
was issued by Mrs. Cyndi Karoly on July 2, 2007.
• Approval of Buffer Authorization Certificate per the Neuse River Buffer Protection Rules issued August 20, 2007 (DWQ EXP
No. 05- 1882v5).
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
This is the last phase of the Highland Creek subdivision.
Page 6 of 15
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
Inset 1 (perm.)
Fill
(road)
riparian
® Yes
❑ No
® Corps
® DWQ
0.01 ac
Fill
❑ Yes
® Corps
Inset 2 (perm.)
(lot fill)
riparian
® No
® DWQ
0.01 ac
2g. Total wetland impacts
0.02 ac
2h. Comments: (See Figure 4, Insets 1 -3)The 0.01 acre of lot fill was previously permitted.
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)
Inset 2 (perm.)
(lot Fill l)
Stream "E"
Unimp. Int.
® Corps
ft
114
Inset 3 (temp.)
Trench & Backfill
(sewer)
Stream "C"
Imp. Per.
[_1 Corps
❑ DWQ
5 ft
21
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
135
3i. Comments: (See Figure 4, Insets 1 -3) The 114 linear feet of lot fill was previously permitted.
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.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
- Permanent (P)
or Temporary
T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑ PEI T
4f. Total open water impacts
N/A
4g. Comments:
Page 7of15
PCN Form -Version 1.3 December 10, 2008 Version
5. Pond or Lake Construction
If pond or lake construction proposed, then com fete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
number
pond
P1
P2
5f. Total
N/A
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.
® Neuse ❑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
Inset 3 (perm.)
Sewer
Stream "C"
No
1,265
846
allowable
Easement
Inset 4 (perm.)
BMP
Stream "C"
No
628
469
allowable
Discharge Outlet
Inset 5 (perm.)
BMP
Stream "A"
No
604
450
allowable
Discharge Outlet
6h. Total buffer impacts
2,497 sf
1,765 sf
6i. Comments: (See Figure 4, Insets 3 -5)The proposed riparian buffer impacts are considered allowable under the Neuse
Table of Uses.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to jurisdictional streams and stream buffers have been avoided and minimized to the maximum extent practicable,
however due to required infrastructure improvements there are proposed impacts . There are proposed impacts of 0.01
acre (531 square feet) of linear wetland "E" and 114 linear feet of unimportant intermittent stream channel "E" proposed for
lot fill, which was previously authorized. This is 5 linear feet less of unimportant intermittent channel that was previously
permitted. As well, the previously authorized bottomless arch culvert crossing, adjacent to these impacts in INSET 2, in
Phase 10, has been re- designed to avoid impacts to the important intermittent stream channel. This avoided 56 linear feet of
important intermittent stream channel. A headwall was incorporated to minimize impacts associated with impacts to the
stream, pond, and Neuse Buffers in this location.
The sanitary sewer will need to cross Stream "E" in this location to tie into the main trunk line to the north of the creek.
Impacts have been located to minimize impacts to wetlands and streams. There is 21 linear feet of temporary impact to
Page 8 of 15
PCN Form — Version 1.3 December 10, 2008 Version
stream "E" and 1,265 square feet of Zone 1 and 846 square feet of Zone 2 impacts to the Neuse Buffer, which crosses the
stream at a near 90 degree angle with a maintenance corridor of 20 linear feet. The stormwater dissipaters are angled at a
near 90- degree angle minimizing riparian buffer impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The design is for high density but all proper sedimentation and erosion control measures will be implemented, as well
there is network of stormwater management facilities strategically placed throughout the site to minimize runoff.
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as
described in the Erosion Control Plan sheet reviewed and approved by the NC Division of Land Quality and City of
Raleigh. All work will take place during dry conditions and can be facilitated from high, non - jurisdictional, stable ground
adjacent to the Neuse Buffer. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches,
tree protection, clearing only as necessary to install these devices. All erosion and sediment control measures will be
checked for stability and operation following every runoff producing rainfall, but in no case less than once every week.
Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report
is required and will be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore most the buffer areas which will not be
permanently impacted by the new outfall structure.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
❑ Yes ® No
There is less than 1 /10 of an acre (90 linear feet of
2a. Does the project require Compensatory Mitigation for impacts
important stream channel / 0.046 acre of wetland) of
to Waters of the U.S. or Waters of the State?
total impacts (temporary/ permanent) to waters of
the U.S. on the entire 320 -acre site. The applicant
proposes mitigation in the form of avoidance and
minimization to waters of the U.S.
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: Lane Island Bank Parcel for Buffer Impacts
3b. Credits Purchased (attach receipt and letter)
Type Buffer
Quantity 5,387 (Reserved)
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:
Page 9 of 15
PCN Form — Version 1.3 December 10, 2008 Version
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: Per the Neuse River Riparian Buffer Rules Table of Uses the proposed acitivities are deemed an allowable use.
Page 10 of 15
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:
The proposed development is located within the Neuse River basin and will
be subject to the stormwater management requirements set forth in Section
10, Chapter 9 of the City of Raleigh regulations. Per City of Raleigh
regulations, stormwater management on this site shall address two primary
issues: (1) peak discharge rates and (2) water quality management for
nitrogen reduction.
There will be (3) stormwater wetlands facilities to service this current and
® Yes ❑ No
last Phase 10 of the Highland Creek subdivision. These facilities will
function as "dual- purposed facilities" by providing reduction in TN -export
and by providing detention such that the pre - development peak flow rates
are no greater than post - development peak flow rates in the 2- and 10 -year
design storm events. The combination of the stormwater wetlands and
associated rip -rap dissipaters will meet diffuse flow requirements for the
proposed project.
Page 11 of 15
PCN Form —Version 1.3 December 10, 2008 Version
2. Stormwater Management Plan
Existing: 71
2a. What is the overall percent imperviousness of this project?
New Proposed Impervious: 11%
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 proposed development is located within the Neuse River basin and will be subject to the stormwater
management requirements set forth in Section 10, Chapter 9 of the City of Raleigh regulations. Per City of
Raleigh regulations, stormwater management on this site shall address two primary issues: (1) peak discharge
rates and (2) water quality management for nitrogen reduction.
Please note that a stormwater impact analysis was previously prepared and approved for Phase 10 in
September 2010. This report serves as an update for that previously approved analysis to account for the
various changes to the Phase 10 layout. Please note that the facilities provided in Phase 10 are adequate in
meeting applicable detention and water quality requirements. There are seven (7) total stormwater
management facilities proposed / built for the sub - basins that contribute to these analysis points (4 facilities
built as part of Phase 1 and Phase 1 B of the overall development, 1 facility under construction as part of
Phases 2 -7 & 11, and 2 facilities that are proposed as part of this preliminary subdivision). There will be (3)
stormwater wetlands facilities to service this current and last Phase 10 of the Highland Creek subdivision.
These facilities will function as "dual- purposed facilities" by providing reduction in TN -export and by
providing detention such that the pre- development peak flow rates are no greater than post- development peak
flow rates in the 2- and 10 -year design storm events.
A copy of the final stormwater management plan and approval letter from the City of Raleigh will be
provided to NCDWR upon approval.
® 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?
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? A courtesy copy of the SW Management Plan will be provided upon
approval by the City of Raleigh.
4. DWQ Stormwater Program Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
❑ HQW
(check all that apply):
❑ ORW
® Session Law 2006 -246
Page 12 of 15
PCN Form — Version 1.3 December 10, 2008 Version
Page 13 of 15
PCN Form — Version 1.3 December 10, 2008 Version
❑ Other:
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 proposed project is a single and complete project with appropriate land use control and stormwater measures in
place for specific areas which require them.
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.
Waste water will be directed into an existing City of Raleigh maintained sewer line.
Page 13 of 15
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?
❑ 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?
The USFWS web page http: / /www.fws.gov /nc -es /es /countyfr.html and the Natural Heritage virtual workroom
http: / /nhpweb.enr. state. nc. us /nhis /public /gmap75_main.phtml was accessed on November 6, 2013 to determine if the
project would impact Endangered Species or Designated Critical habitat. Based on this research, the bald eagle
(Haliaeetus leucocephalus - BGPA), Michaux's sumac (Rhus michauxii - E), and red - cockaded woodpecker (Picoides
borealis - E) are federally listed species to occur within Wake County. Based on field inspections, it is believed no
adverse impacts will occur to threatened and endagered species and their known habitiat due to the contruction of the
proposed project.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
TEI Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
An interactive map located at http: / /ocean.f]oridamarine .orgefh_coral /ims /viewer.htm was utilized on November 6, 2013 to
determine if the project will 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?
A review of the list of properties and districts in North Carolina entered in the National Register of Historic Places
( http: / /www.hpo.ncdcr.gov /nrlist.htm) was conducted on November 6, 2013 for Wake County, and it did not reveal any
listing within the project area. It is believed the proposed project will not occur in or near an area that has been
designated as having historic or cultural preservation status by the state, federal, or tribal governments
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: This project will be designed to meet FEMA requirements and
reviewed by the local delegated Floodplain Manager within the City of Raleigh.
8c. What source(s) did you use to make the floodplain determination? North Carolina Flood Insurance Rate Map Panel 1748
does not show 100 -year flood areas or floodways located on the subject property.
Kevin Yates
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Page 14 of 15
PCN Form —Version 1.3 December 10, 2008 Version
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 15 of 15
PCN Form —Version 1.3 December 10, 2008 Version
ISTREAM BUFFER \
WETLAND
IMPACT 'A'
ZONE 1 BUFFER IMPACT = 604 SF
ZONE 2 BUFFER IMPACT = 450 SF
GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
(STREAM BUFFER \
\ O
IZONE 1 BUFFER
ZONE 2 BUFFER
PROJECT NO, CTX -13000
IN
HIGHL�I�TD CITREEK
THE JOHN R. McADAMS
COMPANY, INC.
FILENAME: CTXI3000- E1.DWG
a
SCALE:
"
INSET #5
ENGINEERS /PLANNERS /SURVEYORS
a 1 = 50'
�AATT LL�ET
P-AL IGH, NORTH CAROLINA
RESEARCH TRIANGLE PARK, NC
P.O. BOX 14005 ZIP 27709 -4005
DATE:
12 -3 -2013
(919) 361 -5000
I
I
IMPACT 'A'
ZONE 1 BUFFER IMPACT = 628 SF
ZONE 2 BUFFER IMPACT = 469 SF
GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
IZONE 1 BUFFER
ZONE 2 BUFFER
PROJECT No. CTX -13000
HIGH�D CREEK
THE JOHN R. McADAMS
COMPANY, INC.
FILENAME: CTX13000- E1.DWG
a
INSET #4
ENGINEERS /PLANNERS /SURVEYORS
e SCALE: 1.. = 50'
RESEARCH TRIANGLE PARK, NC
RALEIGH, NORTH CAROLINA
P,O, BOX 14005 ZIP 27709 -4005
U' DATE: 12 -3 -2013
(919) 361 -5000