20220875 Ver 1_Riparian Buffer Authorization Request_20220629

Buffer Authorization Application Form
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form -
Update 10/23/2018
Water Reources
ENVIRONMENTAL QUALITY
Original Submittal 6/29/2022
A. Owner/Applicant Information
General Information
Primary Contact Email:*
Who is submitting the application?*
1. Property Owner Information:
la. Name on Recorded Deed: *
1b. Responsible Party:
lc. Mailing Address:*
Id. Telephone:*
[e-mail]
Please list the contact person's email for questions or payment on this project if needed.
Owner
Applicant other than Owner
Agent
Merritt RU1, LLC
Mr. Nathan Robb
(for Corporations)
Street Address
2066 Lord Baltimore Drive
Address Line 2
Suite 600
City State / Province / Region
Baltimore MD
Postal / Zip Code Country
21244 USA
[phone] le. Email Address:* [e-mail]
3. Agent Information:
3a. Name:
3b. Company Affiliation:
3c. Mailing Address: Street Address
Address Line 2
City
Postal / Zip Code
3d. Telephone:
3e. Email Address:
State / Province / Region
Country
3f. Attach a signed and dated copy of the agent Click the upload button or drag and drop files here to attach document
authorization form. PDF Only
B. Project Information and Prior Project History

1. Project Information
la. Name of Project: *
Brier Creek Industrial - West Pod
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
Yes
No
Id. Subdivision Name:
le. Nearest Municipality: Town of Cary
If. Property Size: 32.00
acres
1g. County (or Counties) where the project is located:*
Wake
1h. Property ID#
0757479721
Tax PIN or Parcel id
1 i. Deed Information
Date of Purchase
Type of Book
Book#
Page#
Deed
018522
00565
Map
1 j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach document
PDF only
1k. How would you like to provide the Latitude and Longitude information?*
Address Lookup
Manually
Latitude * 35.885645
Longitude* -78.813874
11. Is the project located in any of North Carolina's twenty coastal counties?*
Yes
O No
2. Surface Waters
2a. Name of the nearest body of water to proposed project:*
Brier Creek
2b. Water Quality Classification of nearest receiving water:
C; NSW
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,694
(linear feet only)
3. Project Description:
A

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 project site is composed primarily of undeveloped forestland dominated by mixed
pine and hardwoods. Land use surrounding the site is dominated by commercial
development, undeveloped forestland, and large roadway and interstate corridors.
The site is bounded by Aviation Parkway to the east, Nelson Road to the south,
Pleasant Grove Church Road to the west, and an unnamed tributary to Brier Creek to
the north.
3b. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
Click the upload button or drag and drop files here to attach document
BrierCreekWestPod_Figure2_USGS.pdf 747.09KB
PDF only
3c. Attach an 8 1/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site.
Click the upload button or drag and drop files here to attach document
BrierCreekWestPod_Figure4_NRCS.pdf 782.42KB
PDF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used: *
The project proposes to construct an industrial development within close proximity to
the Raleigh -Durham International Airport, Research Triangle Park, and Interstate 40
in Wake County, NC. The industrial development would be composed of
approximately 200,000 square feet of industrial building space spread across 3
buildings, associated parking lots and internal roadways, and a stormwater BMP to
provide treatment for the development. Additionally, the development would be
serviced by gravity sewer which would tie into an existing public sewer line north of
the development. The proposed project will be constructed utilizing construction
equipment typical of industrial development projects, including excavators,
bulldozers, graders, and pavers.
Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
93.34MB
WestPod_SitePlans.pdf
PDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project
(including all prior phases) in the past?*
Yes
No
5b. Who did the determination on the jurisdictional areas?
Who did the determination? I
List name if known
Date I
Attach
Corps
James Lastinger
(Name if known)
06/16/2020
SAW-2014-
01827 signed
PJD.pdf
5.25...
pdf only
State
Josh Brigham
(Name if known)
05/04/2020
J B Wilkinson
Buffer
Determinatio...
3.02...
J
pdf only

*** Please include the date of the determination and upload a copy of the determination.
Comments:
The NCDWR issued a Buffer Determination Letter for a larger property containing the
project site on May 4, 2020 (RRO #20-124). The USAGE issued a Preliminary
Jurisdictional Determination for the larger property on June 6, 2020 (SAW-2014-
0187).
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? *
Yes
® No
7. Future Project Plans
7a. Is this project a phased project?*
O Yes
O No
C. Proposed Impacts Inventory
Buffer Impacts
..............................................................................
Project is in which protected Basin?*
• Neuse River Basin (15A NCAC 02B.0233)
Catawba River Basin (15A NCAC 02B.0243)
Randleman Lake Watershed (15A NCAC 02B.0250)
Tar -Pamlico River Basin (15A NCAC 02B.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)
Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 026.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type
Zone 1
Zone 2
Site 1 - Temporary
Construction
Access
Map label (e.g. Road
Crossing 1)
Stream A
(UT to Brier
Creek)
Temporary
(T)
Perm or Temp
Exempt
856.00
Square
Feet
799.00
Square
Feet
Site 1 - Sanitary
Sewer Easement
Map label (e.g. Road
Crossing 1)
Stream A
(UT to Brier
Creek)
Permanent
(P)
Perm or Temp
Allowable
0.00
Square
Feet
252.00
Square
Feet
Site 2 - Grading
and Revegetating
Map label (e.g. Road
Crossing 1)
Stream A
and A6 (UTs
to Brier
Creek)
Permanent
(P)
Perm or Temp
Exempt
0.00
Square
Feet
1,328.
00
Square
Feet
Site 3 - Grading
and Revegetating
Map label (e.g. Road
Crossing 1)
Stream A4
(UT to Brier
Creek)
Permanent
(P)
Perm or Temp
Exempt
0.00
Square
Feet
2,257.
00
Square
Feet
Total Zone 1 Impacts: 856.00
Total Zone 2 Impacts: 4,636.00

Total Buffer Impacts: 5,492.00
Comments:
Unavoidable temporary and permanent impacts to Neuse River Buffer Zones 1 and 2
will result from the proposed project. At Site 1, a new sanitary sewer line outfall will
be installed to tie into the existing public sewer line north of the site. The proposed
25-foot wide sanitary sewer easement will result in permanent impacts to Zone 2
only. Temporary impacts at Site 1 will result from the construction access necessary
to construct the new sewer line. At Sites 2 and 3, grading and revegetating is
proposed within Zone 2 to tie out the proposed grade for the site. Vegetation within
Zone 1 will not be compromised as a result of the proposed grading and revegetating
within Zone 2 at Sites 2 and 3.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.
The site has been specifically designed and located to avoid and minimize impacts to
riparian buffer zones to the extent feasible. Proposed grading within the buffer zones
has been tightened as much as practical to avoid unnecessary disturbance in the
buffers while still allowing the site to be leveled to accommodate the necessary
facilities for the development. The proposed sanitary sewer easement width has been
reduced to the minimum width necessary to accommodate maintenance access.
Additionally, the sewer outfall has been proposed to tie into existing facilities outside
of Zone 1 and will require only minimal new easement within Zone 2.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Protected riparian buffer zones will be avoided throughout the construction process to
the extent feasible. Temporary skimmer basins will be situated outside of the buffer
zones and capture construction stormwater resulting from the initial clearing/grading
of the site. Silt fence outlets will be strategically installed along the limits of
disturbance to reduce sedimentation impacts to the buffers and streams throughout
construction. In general, construction equipment, staging, and storage will remain
outside of the buffer zones during construction of the development. The proposed
temporary construction access areas will be returned to pre-existing conditions after
construction is complete.
E. Diffuse Flow Plan
..........................................................................................
la. What type of SCM are you providing?*
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Proposed project will not create concentrated stormwater flow through the buffer
' Other SCM that removed minimum of 30% nitrogen
lb. Describe how diffuse flow will be maintained:*
All stormwater collected within the site will be routed to an underground storm drain
system and discharged into a proposed wet pond SCM located in the southeast
corner of the development. The proposed SCM has been sized in accordance with
the NC Stormwater Design Manual and the local Town of Cary stormwater program.
Stormwater captured in the SCM will be treated and discharged into a rip rap
dissipater pad to the east and into an existing culvert below Aviation Parkway.
lc. Diffuse Flow Documentation
F. Supplementary Information
Click the upload button or drag and drop files here to attach document
WestPod_DrainagePlan.pdf 9.64MB
PDF only
Environmental Documentation

la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes
No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface
Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
Yes
• No
2b. Is this an after -the -fact buffer authorization application?
Yes
• No
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments:
Additional Comments:
Click the upload button or drag and drop files here to attach document
01_Brier Creek_WEST_Cover_Letter.pdf 16.87MB
PDF only
Please refer to the attached cover letter for additional project narrative, project
figures, and proposed impact maps.
H. Sign and Submit
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions
Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit the application form."
Print Name:* William Sullivan
Signature
Submission Date:
9-1/ 4 SoCeiCCi?.or
6/29/2022
(Auto populated field)

Initial Review
Is this accepted into the review process?* • Yes No
Yes
• No
ID#* 20220875
Version:* 1
Select Reviewer: * Colleen Cohn:eads\cmcohn
Select Reviewing Office* Raleigh Regional Office - [phone]
Is this project a public transportation project?*
Has payment been received?* • No Payment Needed
Fee Received
Need Fee - send electronic notification