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HomeMy WebLinkAbout20140385 Ver 1_401 Application_20140414/ \ ^� CELEBRATING I.TEN YBARS V CENGINEERING &CONSTRUCTION April 15, 2014 NC Division of Water Resources 401 & Buffer Permitting Unit 512 N. Salisbury St. Raleigh, NC 27604 ATTN: Ms. Karen Higgins, Supervisor 1025 WADE AVENUE RALEIGH, NC 27605 TEL 919.789.99 77 . FAX 919.789.9591 Subject: Application for a Neuse River Riparian Buffer Authorization for the proposed installation of a stormwater BMP bypass channel at the Mulberry Park residential development in Durham County. Dear Ms. Higgins: The applicant, Satterwhite Construction Inc. (Mr. Jesse Satterwhite) is required to install a stormwater BMP device on the Mulberry Park residential development site. This BMP necessitates minor Neuse River Riparian buffer impacts for the proposed bypass channel. There are no other impacts to jurisdictional features for the installation of this BMP. The residential development is pre- existing, with new additional town homes planned on the property. By copy of this letter, I am forwarding five (5) copies of this application to you for review. It is requested that any comments related to the Buffer Authorization request be forwarded directly to me with a copy sent to the applicant. Sincerely, Nicole J. Th mson Environmental Project Manager SEPI Engineering and Construction, Inc. for Satterwhite Construction, Inc. `• wy U APR 1 0' C0f4 1403 eEREIIIIATINI, 10E-- C SEPI ENGWEERING & CONSTRUMON Table 1. Project Impacts: PCN Impact Type Zone I (sq. ft.) Reference No. B1 I Bypass Channel 1 600 Total Buffer Impact Proposed 1 1,000 sq. ft. Page 2 1025 WADE A VENUE RALEIGH, NC27605 TEL 919.789.9977. FAX 919.789.9591 Zone 2 (sq. ft.) I Mitigation Proposed 400 None (proposed impacts � are "allowable") A��. IM waamium lumlgrnflj.,44� ! WM 4ME IE4 12A I -Pil 8 . . . . . . . . . . 0 /--V 1 � \ l 1) 1I i 1 D ti!'+ 'i E N G I N E E R I N G I C 0 N S T R U C T 1 0 N O�o� W AT�9 1 4 0 3 8 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 11 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Mulberry Park 2b. County: Durham Co. (please note the site is listed with City of Raleigh) 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: Mulberry Park 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information ..._.. ...,., 3a. Name(s) on Recorded Deed: Satterwhite Construction Inc.' 3b. Deed Book and Page No. 06522/0683; 04407/0471 - w — - °� — ~°j .r 3c. Responsible Party (for LLC if applicable): Mr. Jesse Satterwhite APR 1 5 '2 014 3d. Street address: 5933 Farmwell Rd. - JAt i caUALI °r`r 3e. City, state, zip: Raleigh, NC 27610 = =w ,wanoh } 3f. Telephone no.: (996) 266 -0033 3g. Fax no.: n/a 3h. Email address: n/a Page 1 of 11 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) SEPI Engineering & Construction ❑ Agent E Other, specify: Applicant is the owner as listed on the Agent 4a, Applicant is: Authorization form,- please copy Owner and Agent on all correspondence 4b. Name: Mr. Jesse Satterwhite 4c. Business name Satterwhite Construction Inc. (if applicable): 5e. 4d. Street address: 5933 Farmwell Rd. 4e. City, state, zip: Raleigh, NC 27610 4f. Telephone no.: (996) 266-0033 4g. Fax no.: n/a 4h. Email address! nla 5. Agent/Consultant Information (if applicable) 5a. Name: I Nicole J. Thomson I;h Business name I SEPI Engineering & Construction (if applicable): 5c. Street address'. 1025 Wade Ave. 5d, City, state, zip: Raleigh, NC 27605 5e. Telephone no.: (919) 573-9914 5f. Fax no.: (919) 789-9591 5g. Email address: nthomson@sepiengineering.com Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID)=. 0779005587; 0779103525; 0779008130 1 b. Site coordinates (in decimal degrees): Latitude: 35.9216 Longitude: 78.7586 1 c. Property size: 35 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Sycamore Creek 2b. Water Quality Classification of nearest receiving water: 27-33-9; B; NSW; 030402 2c, River basin: 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The proposed impact is within an existing residential development which consists of Town Homes, The area is currently forested and abuts Leesvill Rd. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +1- 1,100 LF 3d. Explain the purpose of the proposed project: The proposed project is to install the necessary stormwater device for the existing development and the newly proposed additional town home construction. As such, the stormwater device requires an outlet to Sycamore Creek which will necessitate riparian buffer impacts for the bypass channel. 3e. Describe the overall project in detail, including the type of equipment to be used: The project only proposes the riparian buffer impacts necessary to install the bypass channel from the stormwater device. Equipment typical to construction activities including dump trucks, track hoes and bulldozers will be used; 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ❑ No � Unknown Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary ❑Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a, Have permits or certifications been requested or obtained for ❑ Yes No Unknown this this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. F. Future Project Plans 6a. Is this a phased project? ❑ Yes No 6b. If yes, explain. Page 3 of 11 PCN Form - 'Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands Q Streams — tributaries ® Buffers ❑ Open Waters [j 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 Forested Corps (404, 10) or Area of impact Permanent (P) or wetland DWQ (401, other) (acres) Temporary (T) (if Page 4 of 11 PCN Form -- 'Version 1.4 January 2009 2g9 Total wetland impacts I 0 2h. Comments: There are no wetlands within the vicinity of the proposed stormwater device and bypass channel, therefore, no wetland impacts are proposed. known 3. Stream Impacts If there are perennial or intermittent stream impacts W1 Choose one Choose One Choose Yes/No 3g. Stream impact Type of impact Stream Perennial (PER) Type of jurisdiction Average stream Impact number name one width length W2 Choose one Choose One Choose Yes/No feet) S1 Choose one Choose One Choose one - one S2 Choose one Choose One Choose one - S3 Choose one Choose One Choose one - Choose - Choose one W3 Choose one Choose One Yes/No S6 Choose one Choose One Choose one - one 0 3i. Comments: There are no proposed stream impacts associated with the bypass channel from the stormwater device. W4 Choose one Choose One Choose Yes/No one W5 Choose one Choose One Choose Yes/No one W6 Choose one Choose One Choose 'YeslNo - one Page 4 of 11 PCN Form -- 'Version 1.4 January 2009 2g9 Total wetland impacts I 0 2h. Comments: There are no wetlands within the vicinity of the proposed stormwater device and bypass channel, therefore, no wetland impacts are proposed. 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 Perennial (PER) Type of jurisdiction Average stream Impact number name or intermittent width length Permanent (P) or (INT)? (feet) (linear Temporary (T) feet) S1 Choose one Choose One Choose one - S2 Choose one Choose One Choose one - S3 Choose one Choose One Choose one - S4 Choose one Choose One Choose one S5 Choose one Choose One Choose one S6 Choose one Choose One Choose one - 3h. Total stream and tributary impacts 0 3i. Comments: There are no proposed stream impacts associated with the bypass channel from the stormwater device. Page 4 of 11 PCN Form -- 'Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number — waterbody Type of impact Waterbody type Area of impact (acres) Permanent (P) or (if applicable) Tempqj,a T 01 Choose one Choose One Choose 02 Choose one Choose One Choose 03 Choose one Choose One Choose 04 Choose one Choose One Choose 41f. Total open water impacts 0 4g. Comments: There are no open waters (i.e. ponds, lakes, etc,) on the subject property, therefore, there are no open water impacts proposed. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a, 5b, 5c. 5d, 5e, Wetland Impacts (acres) Stream Impacts (feet) Upland Pond 10 Proposed use or (acres) number purpose of pond Exc Flooded Filled asst Flooded Filled Excavated Flooded ed Pi Choose One P2 Choose One 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 51. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Ar- s� 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 ou MUST fill out Section D of this form. 6a.Project is in which protected basin? ❑ Neuse [_1 Tar-Pamlico ❑ Catawba F-1 Randleman El Other: 6b. 6c. 6d. 6e. 6f, 6g, Buffer impact number — Reason Buffer mitigation Zone 1 impact Zone 2 impact Permanent (P) or for Stream name required? (square feet) (square feet) TemporapTT)_ impact _ B1 p Bypass Sycamore Creek No 600 400 channel B2 Choose one Yes/No B3 Choose one Yes/No B4 Choose one Yes/No B5 Choose one Yes/No B6 Choose one Yes/No 6h. Total buffer im:p:a:c:t�s 600 400 6i. Comments: The proposed permanent buffer impacts are associated with the required stormwater device for the bypass channel. Similar projects in the past have determined that these types of impacts fall under the "allowable" category within the Table of Uses of the Neuse River Riparian Buffer rules. D. Impact Justification and Mitigation 1. Avoidance and Minimization I a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The property site iteself already contains pre-existing town homes. The additional town homes that will be built are in upland areas. There are no other known stream and/or wetland impacts on the property nor are there any associated with the proposed new construction. The only impact associated with the project relates to the bypass channel through the protected riparian buffer which is required for the proposed stormwater management device. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The unimpacted buffer area will be flagged with orange fabric tree protection fencing (or some other such device) to ensure that the limits of proposed disturbance are not exceeded. Care will also be taken to ensure that any rip rap placed within the proposed bypass channel does not encroach into Sycamore Creek, 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes M No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps Mitigation bank 2c. If yes, which mitigation option will be used for this Payment to in-lieu fee program ❑project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity Type: Choose one Quantity 3c, Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. El Yes 4b, Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a, Will the project result in an impact within a protected riparian buffer that requires D Yes No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 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 previous project experience, the type of impacts proposed within the protected riparian buffer fall within the "allowable" category in the Table of Uses and therefore, buffer mitigation is not required. . .. . ........ Page 7 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: All stormwater generated from the residential development is captured ❑ Yes No and will be piped to the proposed stormwater device. There are no other discreet and/or separate points of source discharge. 2. Stormwater Mann ement Plan 2a. What is the overall percent imperviousness of this project? > 24 % 2b. Does this project require a Stormwater Management Plan? El 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 storwater device is required by the City of Raleigh for the development. There are no jurisdication surface water impacts that would require a stormwater review per the NC DWR regulations; however, the City of Raleigh stormwater rules do necessitate a device to capture and treat the runoff generated by the residential development. Therefore, the applicant must construct a bypass channel through the riparian buffer for the device. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Raleigh 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Raleigh E Phase 11 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? *please note: a stormwater review is not necessary for this project as there are no 404/401 jurisdictional surface water impacts proposed. This project is only requesting a Buffer Authorization for the necessary riparian buffer impacts associated with the bypass channel for the stormwater device. 4. DWQ Stormwater Program Review El Coastal counties F1 HQW 4a. Which of the following state-implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 R Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a, Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version � 5b. Have all of the 401 Unit submittal requirements been met? 10 Yes ❑ No I Page 9 of 11 F. Supplementary Information 1. Environmental Documentation (DWO Requirement) 1 a. Does the project involve an expenditure of public (fed era I/state/I ocal) funds or the EJ Yes No use of public (federalistate) land? lb 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 El Yes fq 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 letter.) Yes No 2. Violations (DWQ Requirement), 2a. Is the site in violation of DWQ Welland Rules (1 5A NCAC 2H .0500), Isolated Wetland Rules (1 5A 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? El 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 (DWO Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El 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, We have reviewed the April 10, 2004 DRAFT Version 2.1 of the Cumulative Impact Policy by DWR. Per this policy, most small scale, urban in-fill, residential developments are unlikely to cause significant cumulative impacts on water quality. The proposed project is to construct a stormwater device and bypass channel which will actually improve water quality from this existing development, We expect that you will advise us if a quantitative or qualitative study is required, 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. The existing development is sewered. Page 1Uof11 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 El Yes 0 No habitat? 5b� Have you checked with the USFWS concerning Endangered Species Act impacts? El Yes M No 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? As this project is only for the minimal proposed riparian buffer impacts, we do not anticipate this to be an issue. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat?EEJ Yes M No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? This project is an existing development in Durham Co. (governed by the City of Raleigh) and will therefore have no effect on EFH. 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 El 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? As this project is only for the proposed riparian buffer impacts, we do not anticipate this to be an issue. Additionally, this project is within a developed landscape, 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 1 00-year floodplain? Yes Yes El No 8b. If yes, explain how project meets FEMA requirements: The project does not propose any permanent structures, other than the bypass channel, which would impact the floodway and/or increase the I% annual flood heights. 8c. What source(s) did you use to make the floodplain determination? http://fris.nc.gov/fris/index.aspx?FIPS=063&ST=NC&user--General Public# Nicole J. 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