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HomeMy WebLinkAbout20140671 Ver 1_Riparian Buffer Authorization_20140630WITHERS RAVEN EL ENGINEERS I PLANNERS I SURVEYORS 115 MacKenan Drive Cary, North Carolina 27511 (919) 469-3340 FAX (919) 467 -6008 TO: NC Division of Water Resources 512 N. Salisbury Street; 9`h Floor Raleigh. NC 27604 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter ® Attached ❑ Prints ❑ Change order ETTER OF TRA(�SMI TAL DATE June 30, 201 loBNO. 02140199-00 ATTENTION Ms. Karen Higgins PHONE # 919-807-636 RE: Cascade Office Park Buffer Authorization Request Submittal 02140199-00 Buffer Authorization Request 1 6/3o/2014 02140199-00 ❑ Under separate cover via ❑ Plans ❑ Samples ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 6/30/2014 02140199-00 Buffer Authorization Request 1 6/3o/2014 02140199-00 CD of Application Packet THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints nERAAnvc. COPY TO: Ale SIGNED: Martin Richmond ffenclosures are not as noted, kindly notify us at once. WITHERS RAVEN EL June 27, 2014 NC- Division of Water Resources 401 Wetlands Unit Attn: Ms. Karen Higgins 165o Mail Service Center Raleigh, North Carolina 27699 Re: Cascade Point Office Park W &R Project #02140199.00 Dear Ms. Higgins, ENGINEERS I PLANNERS I SURVEYORS o L�C���� 0 1� fI r ' { S iJA - V ATER QUAi_t1� ',Na�tlansis 8 Stormwa!;r: [3i znch On behalf of Westview at Weston Owners Association, we are requesting authorization from the NCDWR for 4,519 sq ft of permanent buffer impacts and 16,181 sq ft of temporary impacts for repair and re- construction of three retaining walls at the existing Cascade Point Office Park in Cary, NC. The project area is situated along the eastern portion of the office park, located at 98 Cascade Point Lane in Cary (35.820662 °N; - 78.812002 °W). The project is located in the Neuse River basin and onsite waters drain to Crabtree Creek. The Water Quality Classification for Crabtree Creek is C; NSW and the Stream Index Number is: 27- 3341). The cataloging unit for the site is 03020201. Proposed Project The proposed project consists of construction of new retaining walls as the result of failure of the existing retaining walls which support the fill associated with the office park. Portions of the existing retaining walls have already collapsed, and there is evidence of failure in the remaining walls. In order to allow room to construct the new retaining walls, the southern two retaining walls will be constructed 12 feet from the base of the existing walls, and the northern retaining wall will be constructed 15 feet from the base of the existing wall. This will require constructing the new walls in the 5o -ft riparian buffer in select areas. As part of the construction process, access to the area will be required through the use of a temporary access corridor. This corridor will be constructed as minimally as possible, and any removed vegetation will be restored within 6 months of completion of construction. Project History W &R met with Ms. Cherri Smith on site on May 28, 2014 to review the proposed work area. During this meeting, Ms. Smith confirmed the repairs were fully necessary and would be allowable as `Protection of Existing Structures'. Because the original construction of the retaining wall was outside the riparian buffer, no previous authorizations have been issued. 115 MacKenan Drive I Cary, NC 275111 tel: 919.469.3340 1 fax: 919.467.6008 www.withersravenet.com I License No. C -0832 Proposed Impacts The proposed impacts consist of 4,519 sq ft of permanent impact to Zone 2, and 16,181 sq ft of temporary impact (Zone 1: 4,361 sq ft; Zone 2: 11,820 sq ft). Impacts are required for the construction of three separate newlretaining walls, replacing the existing failed retaining walls. Temporary impacts -will be re- vegetated within 6 months of completion of construction. Avoidance,and Minimization The proposed construction has been designed to miriimize riparian buffer impact as much as possible. The existing wall was constructed entirely outside of the riparian buffer; however, engineering restraints do not allow for repair of the existing wall. Separate sections of new retaining wall be constructed 12 to 15 feet away from the existing walls (minimum required distance)„ and then tied to the existing fill. Access to the construction area will be restricted to the designated temporary construction corridor, which is located entirely in high ground and will not result in impacts to streams or wetlands Mitigation Because the construction activity is considered `Protection of Existing Structure', the buffer impacts are "Allowable" and do not require mitigation. The current request is for 4,519 sq ft of permanent impacts and 16,181 sq ft of temporary impacts to riparian buffers (see the - attached maps and PCN for details). Please feel free to call me at (919) 271 -0368 if you have questions or require additional information. 'Sincerely, Mart'm'Richmond Troy Beasley Environmental Scientist Environmental Project Manager Attachments: • PCN Form • Agent Authorization • USGS Quad Map • Wake County Soil Survey • I'mpact Exhibits WITHERS & RAVENEL Page 2 of 2 E N GINE E FS I VLANN ER 1 5 UF VE 1015 DWR State of North Carolina Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) — Buffer Authorization FORM: BA 10 -2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1 a. Name of project: Cascade Point Office Park 1 b. County: Wake County 1c. Nearest municipality: Cary, NC 1d. Subdivision name: n/a 1e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer 1f below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: Westview at Weston Owners Assocation c% TAM 2b. Deed Book and Page No. Book 013722 Page 02286 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): Book CM2002 Page 310 2d. Responsible Party (for Corporations): Westview at Weston Property Owners Association Betsy Dienes — Sr. Property Manager 2e. Street address: c/o TAM 1001 Wade Ave, Suite 300 2f. City, state, zip: Raleigh, NC 27605 2g. Telephone no.: (919) 645 -1435 2h. Fax no.: n/a 2i. Email address: bdienes(a�trademarkassoc.com 3. Applicant Information (if different from owner) 3a. Applicant is: ❑ Agent ❑ Other, specify: 3b. Name: 3c. Business name (if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: FORM: BA 10 -2013 Page 1 of 8 INTERNAL DRAFT- NOT FOR PUBLIC USE Section A. Applicant Information, continued 4. Agent/Consultant Information (if applicable) 4a. Name: Martin Richmond 4b. Business name (if applicable): Withers & Ravenel 4c. Street address: 115 MacKenan Drive 4d. City, state, zip: Cary, NC 27511 4e. Telephone no.: (919) 469 -3340 (office) (919) 271 -0368 (mobile) 4f. Fax no.: (919) 467 -6008 4g. Email address: I mrichmondOwithersravenel.com FORM: SSGP3080 8 -13 Page 2 of 8 B. Project Information and Prior Project,History 1. Property Identification 1 a Property identification no (tax PIN or parcel ID) Wake Co PIN# 0755537528 1 b Site coordinates (in decimal degrees) Latitude 35 820662 01\/ Longitude -78 812002 °W 1 c Property size ±11 2 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Crabtree Creek, Stream Index 27- 33 -(1) 2b Water Quality Classification of nearest receiving Class C, NSW water 2c River basin Neuse River (HUC Code 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 Property is currently a developed 8- building office park with associated parking, General land use in vicinity is office%ommercral development; Residential development is adjacent to west 3b Attach an 8' /z x 11 excerpt from the most recent version of the USGS'topographic map indicating the location of the site 3c Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS' Soil Survey,Map depicting the project site 3d List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 1, 265 linear feet 3e Explain the purpose of the proposed project The project consists of the construction of new retaining walls as the result of failure of the existing retaining walls which support the fill associated with the office park Portions of the existing retaining walls have already crumbled, and there is evidence in the other retaining walls where they�are about to'fa►I as well In order to allow enough room to construct the new retaining walls, the southern two retaining walls will be constructed 12' from the base of the existing wall, and the northern retaining wall will b&constructed 15' from the base of the existing wall This will push the new retaining wall into the 50' buffer ►n certain places, as shown in the attached exhibits 3f Describe the overall project in detail, including the type of equipment to be used Project involves construction of three, new retaining walls Two of the new walls will be offset 12 feet from the existing failed retaining wall, a third wall will be offset 15 feet from the existing wall A temporary 20 foot construction comdor will be utilized, which will be replanted upon completion Equipment used will be manual hand tools and typical small construction equipment, with some moderate sized construction equipment (I e backhoe, front end loader, etc) utilizing the temporary construction corndor dunng construction Access to the work area will be from high ground 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the El Yes ❑ No ® Unknown Corps or State been requested or obtained for this property/ Comments Assumed a stream buffer project (including all prior phases) in °the past? determination letter was issued for this site in the past 4b If yes, who delineated the jurisdictional areas? Agency/ Consultant Company Name (if known)- Other 4c If yes, list °the dates of the Corps jurisdictional determinations or State determinations and attach documentation FORM BA 10 -2013 Page 3 of 8 B. Project Information and Prior Project History 5. Project History 5a Have permits or certifications been requested or obtained for this, project �(mcluding all prior phases) in the past? ❑ Yes ❑ No ® Unknown 5b If yes, explain and detail according to "help file" instructions 6. Future Project Plans 6a Is,this a phased project? ❑ Yes ® No 6b If yes, explain FORM SSGP3080,8 -,13 Page 4 of 8 C. Proposed Impacts Inventory 1. Buffer Impacts 1a Project is in which protected ® Neuse ❑ Tar - Pamlico ❑ Catawba basin? ❑ Randleman ❑ Jordan ❑ Goose Creek 1 b Individually list all buffer impacts below If any impacts require mitigation, then you MIUST fill out Section D of this form Buffer impact Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number — impact (exempt, allowable, mitigation impact impact Permanent (P) allowable w/ required? (sq ft) (sq ft) or Temporary mitigation) T Impact 1 Construction of Allowable UT to Crabtree ❑ Yes ® No 0 4,519 ® P ❑ T New Retaining (Protection of Creek Wall existing structure) Impact 2 Temporary Allowable ( >2,500 UTto Crabtree ❑ Yes ® No 4,361 11,820 ❑ P ® T Construction sqft disturbed, Creek Access Condor vegetation will be restored within 6 months) Total buffer'impacts 4,361 16,339 1 c Comments D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a Specifically describe measures taken to avoid or minimize the proposed impacts In designing project Removal of existing wall and rebuilding, in place is not available option due to current parking and building configuration and possibility of additional failure of existing walls 12 -ft and 1'5-ft offsets are required for structural stability of new retaining walls Project will not result in any additional impervious surface in buffer Temporary construction road will provide access during construction of the new retaining walls Vegetation disturbance will be minimized to greatest extent possible Removed vegetation will be restored within 6 months of completion of construction 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Work will be conducted under approved permitting process through Town of Cary, including building permits (if required) and sedimentation and erosion control plans Work area will be accessed from high ground, Proposed work areas will be clearly marked, Material stockpile will be in high ground, outside of riparian buffer FORM BA 10 -2013 Page 5 of 8 C. Impact Justification and Mitigation, continued 2. Buffer Mitigation 2a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ®, No 2b If yes, then identify the square feet of impact to each zone oMhe� riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below Zone Reason for impact Total impact (square feet Multiplier Required mitigation s uare feet Zone 1 3 (2 for Catawba) Zone 2 1 5 Total buffer mitigation required: 2c If buffer mitigation is required, is payment to a mitigation bank or NC EEP proposed ❑ Yes ❑ No 2d If yes, attach the acceptance letter from the mitigation bank or NC EEP 2e If no, then discuss what type of mitigation is proposed 2f Comments FORM SSGP3080 8 -13 Page 6 of 8 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ❑ Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ❑ Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. 1 a. If due to site constraints, a BMP other than a level spreader is proposed, please provide a ❑ Yes ® No plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP public (federal /state) land? Manual and attach a BMP Supplement Form. 1 b. Not applicable. 5tormwater BMP's currently in -place will be utilized and no additional ❑ Yes ❑ No impervious area is proposed. environmental document pursuant to the requirements of the National or State (North F. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the use of ❑ Yes ® No public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑ No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ❑ Yes ® No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .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): Martin Richmond 6/27/2014 Z L 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 Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent For government transportation projects sent by first Class .Mail via the US Postul Service: by delivery service (L'PS, Fedf -r. etc.): NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 For all other projects sent by First Class Mail OR f or all other projects sent by delivery service via the 1. S Postal Service ((.'PS, FedFx, etc.): FORM: BA 10 -2013 Page 7 of 8 Raleigh, NC 27699 - 1650 Raleigh, NC 27604 FORM SSGP3080 8 -13= Page 8 of 8 AGENT AUTHORIZATION WITHERS �- RAVEN EL ENGINEERS I PLAN NER5ISURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner Westview at Weston Owners Association (Client) does hereby appoint Withers & Ravenel. Inc as his, her, or It's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc,) for a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc ) and /or, b) preparation and submittal of appropriate environmental permit applications /requests for the Cascade Office Park. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner (1) To submit appropriate requests /applications and the required supplemental materials, (2) To attend meetings to give representation on behalf of the Client (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies This authorization shall continue in effect until completion of the contracted task or termination by the Client Agent's Narne, Address & Telephone Withers & Ravenel Inc 115 MacKenan Drive Cary, NC 27511 Tel (919) -469 -3340 Date May 15, 2014 Signature of Client Betsy Dienes Sr Property Manager (Nanne>- Print) (Title) 1e . De�.oe, RNs cQr 7_ / /o4fivni_g QP Z{/Qe_tie� dUatPlLd 1'¢C40C (Signature) fl- b- T,444 1001 144ada A,ye 1 9300 Mailing Address Raleigh_ NG 27605 City State Zip Phone 919 - 645 -1435 Email Fademw Assoc com 115 MacKenan Drive I Cary, NC 275111 tel . 919 469 3340 1 fax 919 467 -6008 1 www withersravenel com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel 910 256 9277 1 fax 910 256 2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel 336 605 3009 1 fax 919 467 6008 USGS TOPOGRAPHIC MAP WAKE COUNTY SOIL SURVEY MAP Il/ V r 1 s� W�& 1 i " GRAPHIC SCALE 0 2100 4011 inch = 400 0, x I yJ i f !Ilk la. 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