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HomeMy WebLinkAbout20131001 Ver 3_401 Application_20140414ENVIRONMFNTAI, SFRVICFS,TNC 524 SOUTH NEW HOPE ROAD RALEIGH NORTH CAROLINA 27610 (919) 212 -1760 April 11, 2014 Ms Karen Higgins N C. Division of Water Resources 1650 Mail Service Center Raleigh, NC 27699 -1650 Re Parkside at Bella Casa Phases l0A & 11 Modification Request for DWR# 13- 1001v2 Ms Higgins: 20 13100 1v.3 APR 1 4 2014 NR ALI?Y - =r &8rX The permittee for the above referenced project is respectfully requesting a minor modification to the 401 certification that was issued for this project on January 13, 2014 Subsequent to the issuance of the 401 permit, the permittee modified the site plan to include three driveway crossings that mcur an additional 0 04- are of wetland impact This brings the total wetland impact for this project to 0 08 acre. The Corps of Engineers issued their 404 permit with this extra impact already accounted for. Enclosed please find five copies of the PCN with updated impact data The revised drawings and the $240 application fee were previously submitted to your attention Contact me if you have any questions or comments. Thank you for your assistance Sincerely, Envirorimejital Services, Inc. e f Harbour Senior Manager 20131001V. O�OF WAT�9�G Office Use Onl y Corps action ID no DWQ protect no Form Version 1 4 January 2009 Page 1 of 10 PCN Form — Version 1 4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1 Processing la Type(s) of approval sought from the Corps X❑ Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes X❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply) ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express X❑ Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ❑X No For the record only for Corps Permit ❑ Yes ❑X 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 ❑X No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ❑X No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes © No 2. Project Information 2a Name of project Parkside at Bella Casa - Phases 10A and 11 2b County Wake 2c Nearest municipality /town Apex 2d Subdivision name Parkside at Bella Casa - Phases 10A and 11 UU 2e NCDOT only, T I P or state project no ffAPR1 4 Z014 3 Owner Information 3a Name(s) on Recorded Deed Parkside Development Group, PLLC ji l ;; , 3b Deed Book and Page No 3c Responsible Party (for LLC if applicable) Brad Zadell 3d Street address 910 Windy Road 3e City, state, zip Apex, NC 27502 3f Telephone no 3g Fax no 3h Email address Page 1 of 10 PCN Form — Version 1 4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other, specify 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5 Agent /Consultant Information (if applicable) 5a Name Jeff Harbour 5b Business name (if applicable) ESI 5c Street address 524 South New Hope Road 5d City, state, zip Raleigh, NC 27610 5e Telephone no 919 - 212 -1760 5f Fax no 919 - 212 -1707 5g Email address (harbour @esinc cc Page 2 of 10 B. Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) main PIN is 0721527927 000, Wake Co GIS for others 1 b Site coordinates (in decimal degrees) I Latitude 35 7087 Longitude -78 9136 1c Property size 30 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Beaver Creek 2b Water Quality Classification of nearest receiving water WS -IV, NSW 2c River basin Cape Fear 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 property is currently undeveloped but is proposed for residential homes Surrounding land use is residential 3b List the total estimated acreage of all existing wetlands on the property 4 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 1,600 3d Explain the purpose of the proposed project Road crossings are necessary to access usable land associated with this development Utility crossings are also necessary for infrastructure 3e Describe the overall project in detail, including the type of equipment to be used Typical construction equipment will be used for this project 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) J Harbour, R Turnbull Agency /Consultant Company ESI Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Corps review on May 1, 2013 Town of Apex buffer determination (13 -008) dated June 11, 2013 5 Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes ❑ No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions permit issued for a sewer line easement ACOE permit # SAW- 2012 -1397 and NCDWR permit # 13 -1001 DWR 13- 1001v2 was issued 1 -13 -14 6 Future Project Plans 6a Is this a phased project? X❑ Yes ❑ No 6b If yes, explain phases are designed and developed as land is acquired Impacts are avoided and minimized as much as practicable in all phases Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a Which sections were completed below for your project (check all that apply) ❑X Wetlands Q Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a Wetland impact number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 004 W2 P Fill Headwater Wetland Yes Corps 004 W3 Choose one Choose one Yes /No W4 Choose one Choose one Yes /No W5 Choose one Choose one Yes /No W6 Choose one Choose one Yes /No 2g Total Wetland Impacts: 008 2h Comments W2 consists of three (3) driveway crossings that will include fill and a culvert All three total 0 04 ac 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a Stream impact number Permanent (P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Culvert UT to Beaver Creek INT Corps 3 108 S2 T utility crossing UT to Beaver Creek INT Corps 2 20 S3 T utility crossing UT to Beaver Creek PER Corps 3 20 S4 Choose one S5 Choose one S6 Choose one 3h Total stream and tributary impacts 148 31 Comments Page 4 of 10 PCN Form — Version 1 4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then indivii ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 - Choose one Choose 04 Choose one Choose 4f Total open water impacts 0 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total: 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑X Other Jordan Lake 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h Total Buffer Impacts: 61 Comments Proposed buffer impacts are being reviewed by Town of Apex via a No Practical Alternatives determination and are not listed here Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The project has been designed to minimize impacts as much practicable Impacts result from two road crossings, three driveway crossings, and two utility easements lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques All applicable ESC measures will be strictly employed during all phases of construction to prevent impacts to jurisdictional area 2 Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State ❑ Yes ❑X No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 3c Comments 4 Complete if Making a Payment to In -lieu Fee 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 Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non- ripanan wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 4 January 2009 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes Q No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Buffer impacts being reviewed by Apex Page 7 of 10 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? lb If yes, then is a diffuse flow plan included? If no, explain why All stormwater related issues are being reviewed by the Town of Apex per state regulations ❑ Yes X❑ No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? % 2b Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan The stormwater plan is being reviewed by the Town of Apex 2e Who will be responsible for the review of the Stormwater Management Plan? Town of Apex 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Town of Apex ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑Yes X❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) ❑Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q No attached 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes Q No use of public (federal /state) 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 ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes' to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter) Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, 1:1 Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? El Yes Q No 2c If you answered 'yes' to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in El Yes Q No additional development, which could impact nearby downstream water quality? 3b If you answered 'yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Municipal sewer will service the homes associated with this project Page 9 of 10 PCN Form — Version 1 4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or D Yes X❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes 0 No impacts? 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? Onsite review by ESI staff identified no habitat for any federal protected species listed by USFWS for Wake County plus NCNHP database query 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? List of EFH Waterbodies published by NOAA 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 ❑X 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? NC SHPO 8. Flood zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements. 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only If an authorization letter from the applicant is provided.) Page 10 of 10 F V CL Z od w 0 N LLJ O0N xU o z S�z Lu m no. 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