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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 CTX -13000 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 �--- ,-� �� /2 /e/_3 Da 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