HomeMy WebLinkAbout20220518 Ver 1_More Info Received_20220812Strickland, Bev
From: Beasley, Troy <TBeasley@withersravenel.com>
Sent: Friday, August 12, 2022 3:16 PM
To: Homewood, Sue; Norton, April R CIV USARMY CESAW (USA)
Subject: [External] Legacy Cary - NCDWR Request for Additional Information
(SAW-2018-02111/NCDWR Proj #20110518) - Additional Info Submittal
Attachments: Legacy Cary -Response to Request for Additional Information_2022-08-12.pdf
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Sue/April,
Attached is our response with the requested additional info. Please note that I have included the following:
• An updated PCN form
• Revised Wetland Impact Maps (8/04/2022) that include the additional secondary impacts to Wetland K (Impact
W12),
• The final Stream Impact Maps (6/20/2022) — there were no changes. I'm just including them so that you have
the final version of both impact maps in one submittal
• Updated NCDMS Letter of Acceptance — the addition of the secondary impacts to Wetland K (W12) resulted in
the wetland mitigation increasing from 0.996 acres to 1.06 acres, and the applicant will provide 1.1 acres of
wetland mitigation.
Please let me know if you have any additional questions to complete your review. Thank you both for your help with
this project.
Troy Beasley
0 ZZ, e ..,ry.Mkro.ao{e prevented ...mak download .{1.oi,.rffi..nternu.
219 Station Road, Suite 101 I Wilmington, NC 28405
Office: 910.256.9277 I Direct: 910.509.6512
Mobile: 910.622.0122
tbeasley@withersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE
From: Homewood, Sue <sue.homewood@ncdenr.gov>
Sent: Monday, July 25, 2022 1:04 PM
To: Beasley, Troy <TBeasley@withersravenel.com>
1
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for
Extension of Submittal Deadline
Thank you
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue.Homewood@ncdenr.gov
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Beasley, Troy <TBeasley@withersravenel.com>
Sent: Monday, July 25, 2022 1:01 PM
To: Homewood, Sue <sue.homewood@ncdenr.gov>; Norton, April R CIV USARMY CESAW (USA)
<April.R.Norton@usace.army.mil>
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for
Extension of Submittal Deadline
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Report Spam.
Sue,
My apologies for overlooking noting Stream 2 as perennial in the PCN in my last submittal. I'll correct this and resubmit.
In regards to potential secondary impacts to Wetland E, there is approximately 0.06 acres of Wetland E remaining
undisturbed. I will have the impact maps updated to show this area as secondarily impacted. I'll also prepare a revised
PCN form that includes the additional permanent secondary impact to Wetland E, along with a cover letter explaining
the revisions and include an updated mitigation table. I hope you have this submitted by the end of the week.
Thanks!
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office: 910.256.9277 1 Direct: 910.509.6512
Mobile: 910.622.0122
tbeasley@withersravenel.com
2
CONFIDENTIALITY AND NONDISCLOSURE
From: Homewood, Sue <sue.homewood@ncdenr.gov>
Sent: Monday, July 25, 2022 9:30 AM
To: Beasley, Troy <TBeasley@withersravenel.com>; Norton, April R CIV USARMY CESAW (USA)
<April.R.Norton@usace.army.mil>
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for
Extension of Submittal Deadline
Troy,
Thank you for submitting such a comprehensive response to our requests for additional information. The detail,
including going back out to the site to re-evaluation the streams, is greatly appreciated.
I have just a couple more items:
1. Your submittal indicates that Stream 2 within the impact area is now a perennial stream, however the updated
PCN stream impact table lists it as intermittent. Just so that we don't have conflicting info in our file, would you
please update just the table and send me a corrected page.
2. Now that the impacts to Wetland E are better quantified, I'm concerned that a small area above the impacts will
become isolated such that there will be a loss of function. I propose that you include these impacts as indirect
impacts and update the application accordingly.
3
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue.Homewood@ncdenr.gov
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
4
From: Beasley, Troy <TBeasley@withersravenel.com>
Sent: Tuesday, July 5, 2022 10:05 AM
To: Homewood, Sue <sue.homewood@ncdenr.gov>; Norton, April R CIV USARMY CESAW (USA)
<April.R.Norton@usace.army.mil>
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for
Extension of Submittal Deadline
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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April/Sue,
I just realized that I didn't attach the revised NCDMS LOA for the updated mitigation. Please refer to the attached as the
correct mitigation LOA.
Troy Beasley
219 Station Road, Suite 101 I Wilmington, NC 28405
Office: 910.256.9277 I Direct: 910.509.6512
Mobile: 910.622.0122
tbeasley@withersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE
From: Beasley, Troy
Sent: Wednesday, June 22, 2022 12:49 AM
To: Homewood, Sue <sue.homewood@ncdenr.gov>; Norton, April R CIV USARMY CESAW (USA)
<April.R.Norton@usace.army.mil>
Cc: dboesch@gciresidential.com; Clark, Jim <jclark@withersravenel.com>
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for
Extension of Submittal Deadline
April/Sue,
The formal response and all the attachments were 35 mb, which was too large to email. So I submitted the response
through NCDWR's Project Submittal Interim Form as a "More Information Response" and noted that the information
needed to be submitted to the USACE. I've attached the submission form for reference.
Please let me know if you have any questions or require any additional information to complete your review.
Thanks!
5
Troy Beasley
0
219 Station Road, Suite 101 I Wilmington, NC 28405
Office: 910.256.9277 I Direct: 910.509.6512
Mobile: 910.622.0122
tbeasley@withersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE
From: Homewood, Sue <sue.homewood@ncdenr.gov>
Sent: Thursday, June 16, 2022 4:14 PM
To: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>; Beasley, Troy
<TBeasley@withersravenel.com>
Cc: dboesch@gciresidential.com; Clark, Jim <jclark@withersravenel.com>
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for
Extension of Submittal Deadline
DWR also approves the extension request. Thank you
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue.Homewood@ncdenr.gov
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>
Sent: Thursday, June 16, 2022 3:46 PM
To: Beasley, Troy <TBeasley@withersravenel.com>; Homewood, Sue <sue.homewood@ncdenr.gov>
Cc: dboesch@gciresidential.com; Clark, Jim <jclark@withersravenel.com>
Subject: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request for Extension
of Submittal Deadline
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
6
The requested extension has been approved by the Corps.
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: (919) 441-3637
Fax: (919) 562-0421
Email: April.R.Norton@usace.army.mil
From: Beasley, Troy <TBeasley@withersravenel.com>
Sent: Thursday, June 16, 2022 2:57 PM
To: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>; Sue Homewood
<sue.homewood@ncdenr.gov>
Cc: dboesch@gciresidential.com; Clark, Jim <jclark@withersravenel.com>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Corps Request for Additional Information (SAW-2018-02111)
Legacy Cary - Request for Extension of Submittal Deadline
April/Sue,
We are currently working on our formal response to the request for additional information letters. We have received
comments from the Town of Cary that my slightly alter the impacts, which we are currently investigating. We want to
be certain if any changes to the impacts are necessary before submitting our formal response. Therefore, we are
requesting an extension of the response submittal deadline from 6/19/2022 to 6/24/2022 to allow time to evaluate
Cary's comments and ensure that our response includes any revisions to the proposed impacts.
Please respond confirming the extension of the response submittal deadline to 6/24/2022.
Thanks for your help and please let me know if you have any questions.
Troy Beasley
219 Station Road, Suite 101 I Wilmington, NC 28405
Office: 910.256.9277 I Direct: 910.509.6512
Mobile: 910.622.0122
tbeasley@withersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE
From: Norton, April R CIV USARMY CESAW (USA) <Aprii.R.Norton@usace.army.mil>
Sent: Thursday, May 19, 2022 12:05 PM
To: Beasley, Troy <TBeasley@withersravenel.com>
7
Cc: dboesch@gciresidential.com
Subject: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary
Dear Troy Beasley,
Please submit the requested information attached (via e-mail is fine) within 30 days of receipt of this Notification.
Thank you,
April Norton
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: (919) 441-3637
Fax: (919) 562-0421
Email: April.R.Norton@usace.army.mil
8
MI WithersRavenel
1110 Our People. Your Success.
August 12, 2022
US Army Corps of Engineers
Raleigh Regulatory Field Office
Ms. April Norton
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Ms. Sue Homewood
1617 Mail Service Center
Raleigh, NC 27699
Re: Legacy Cary (Twyla Rd) - USACE/NCDWR Request for Additional Information Response
Cary, Wake County
USACE AID: SAW-2018-02111
NCDWR Project #20220518
WR Project #02170857.10
Dear Ms. Norton and Ms. Homewood,
This letter is in response to the NCDWR email dated 7/25/2022 requesting additional information.
Below are the comments from the email and our responses:
USACE Request for Additional Information Letter (5/19/2022)
1. Your submittal indicates that Stream 2 within the impact area is now a perennial stream,
however the updated PCN stream impact table lists it as intermittent. Just so we don't have
conflicting info in our file, would you please update just the table and send me a corrected page.
The Stream Impact Table in the attached revised PCN form (dated 8/12/2022) has been
updated to identify Stream 2 as a perennial stream.
2. Now that the impacts to Wetland E are better quantified, I'm concerned that a small area
above the impacts will become isolated such that there will be a loss of function. 1 propose that
you include these impacts as indirect impacts and update the application accordingly.
The undisturbed portion of Wetland E located above the W1 & W11 impact areas has been
assessed as an indirect secondary wetland impact and identified as Impact W12 (0.064 ac).
The attached PCN, dated 8/12/2022, has been revised to include Impact W12 in the Wetland
Impact Table, and the total wetland impacts have been updated which are:
• Temporary Wetland Impacts - 0.031 ac
• Permanent Wetland Impacts (Direct) - 0.481 ac
• Permanent Secondary Impacts (Indirect) - 0.100 ac
have attached the revised Wetland Impact Maps (dated 8/4/2022). For convenience, I have also
attached the final Stream Impact Maps (dated 6/20/2022).
219 Station Road, Suite 101 I Wilmington, NC 28405
t: 910.256.9277 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington
Legacy Cary - IP - Response to Requests for Additional Info
Cary, Wake County
6/21/2022
WithersRavenel
mow Our People. Your Success.
Additional Information
Updated Mitigation Plan
Due to the additional permanent secondary impacts to Wetland K, Wetland K and indirect
secondary impacts to Wetland J, the mitigation plan has been updated as noted in the following
tables:
Wetland Mitigation
Proposed Direct Impact Requiring Mitigation
Impact #
Wetland
Impacts (ac)
W1
K
0.025
W2
E
0.020
W3
F
0.001
W4
J
0.233
W5
J
0.035
W7
J
0.009
W9
D
0.107
W11
K
0.051
Total Direct Impacts
Requiring Mitigation
0.481
Proposed Secondary Impact Requiring Mitigation
Impact #
Wetland
Impacts (ac)
W6
J
0.004
W10
J
0.032
W12
K
0.064
Total Secondary Impacts Requiring Mitigation
0.100
Wetland mitigation for direct permanent impacts is proposed at a 2:1 ratio and mitigation for
secondary indirect impacts is proposed at a 1:1 mitigation ratio. The proposed wetland mitigation
is noted below.
Proposed Wetland Mitigation Table (Revised)
Impact Type
Impacts
Ratio
Mitigation Proposed
Permanent Wetland Impacts
(Direct)
0.481 ac
2:1
0.962 ac
Secondary Wetland Impact
0.100 ac
1:1
0.100 ac
Total Wetland Mitigation Proposed
1.062 ac
Page 2 of 4
Legacy Cary - IP - Response to Requests for Additional Info
Cary, Wake County
6/21/2022
r. Our People. Your Success.
WithersRavenel
The total proposed mitigation is 1.062. The applicant proposes to provide the 1.062 acres wetland
mitigation through the purchase of 1.1 acres of riparian wetland mitigation credits. WR contacted
mitigation banks that service the Cape Fear 0303000206 basin (RES/Restoration Systems) to
determine availability of wetland mitigation. Neither mitigation bank has enough wetland credits
currently available to provide the total 1.1 acres of wetland mitigation even when combined. Both
banks are expecting future releases of wetland credits prior to issuance of the 404/401 permits.
In order to provide certainty that the applicant has the ability to provide the proposed 1.1 acres
of wetland mitigation for the project, WR obtained a ILF Letter of Acceptance from NCDMS for
the entire 1.1 acres of wetland mitigation proposed, which is attached. Prior to issuance of the
404/401 permits, WR will coordinate with the mitigation banks to determine what wetland credits
are available at that time and will reserve as much wetland mitigation credits as possible within
the banks and submit a mitigation proposal modification notification to the USACE and NCDWR
specifying the wetland mitigation credits to be purchased from a mitigation bank, or combination
of mitigation banks and NCDMS (if necessary) for the preparation of the MRTFs.
Stream Mitigation
As discussed in the original IP application, an NCSAM assessment was conducted for Stream 1
(intermittent) which determined that the functional value was "Low" due to the historic alterations
during construction of Twyla Road. An NCSAM assessment was conducted for Stream 2
(perennial) which determined the functional value was "Low" due to the degradation of the stream
from erosion. An NCSAM assessment was conducted for Stream 3 (intermittent) which
determined the functional value was "High".
Due to the "Low" functional value of Streams 1 & 2, the applicant proposes to mitigate for the 793
LF of permanent impacts to Stream 1 and 188 LF of permanent impacts to Stream 2 at a 1:1
mitigation ratio. The applicant proposes to mitigate for 106 LF of permanent impacts to Stream 3
at a 2:1 mitigation ratio.
Proposed Stream Mitigation Table (Revised)
Impact Type
Impacts
Ratio
Mitigation Proposed
Stream 1 Impacts
(Intermittent)
793 LF
1:1
793 LF
Stream 2 Impacts
(Perennial)
188 LF
1:1
188 LF
Stream 3 Impacts
(Intermittent)
106 LF
2:1
212 LF
Total Mitigation Proposed
1,193 LF
WR contacted mitigation banks that service the Cape Fear 0303000206 basin (RES/Restoration
Systems) to determine availability of stream and wetland mitigation. Neither mitigation bank has
enough stream or credits currently available to provide the total 1,193 LF of stream mitigation and
0.996 acres of wetland mitigation even when combined. Both banks are expecting future releases
of stream credits prior to issuance of the 404/401 permits. In order to provide certainty that the
applicant has the ability to provide the proposed 1,193 LF of stream mitigation and 0.996 acres of
wetland mitigation for the project, WR obtained a ILF Letter of Acceptance from NCDMS for the
entire stream and wetland mitigation proposed, which is attached. Prior to issuance of the
404/401 permits, WR will coordinate with the mitigation banks to determine what stream and
Page 3 of 4
Legacy Cary - IP - Response to Requests for Additional Info
Cary, Wake County
6/21/2022
11110 Our r r !c v'ur Success.
WithersRavenel
wetland credits are available at that time and will reserve as much stream mitigation credits as
possible within the banks and submit a mitigation proposal modification notification to the USACE
and NCDWR specifying the stream/wetland mitigation credits to be purchased from a mitigation
bank, or combination of mitigation banks and NCDMS (if necessary) for the preparation of the
MRTFs.
Existing Driveway Culvert Removal in Stream 1
The applicant received comments from the Town of Cary requesting that an existing 30" x 12' long
culvert within Stream 1 be removed. This is an old driveway culvert which is undersized and
restricts flow during significant rain events due to its small size. This culvert is located in the
northeastern portion of Stream 1, outside of our limits of disturbance and downstream of the
Stream 1 impact area. This culvert is where Stream 1 transitions from intermittent to perennial.
Per the Town's, the applicant will remove the culvert and restore an open channel. Once the
culvert is removed, the channel will be graded to match the shape, size, and grades of the
upstream/downstream portions of Stream 1. Removal of the culvert will be conducted during a
period with no forecasted rainfall so that work can be done in the dry. Appropriate sediment &
erosion control measures will be put in place to prevent sedimentation of the downstream waters,
including placement of biodegradable jute matting on the banks. Please note that no matting will
be placed on the stream bed.
The removal of the culvert will only result in disturbance within the existing footprint of the
culvert. Therefore, there will not be any temporary or permanent stream impacts associated with
removal of the culvert and therefore no additional impacts have been included in the PCN form or
revised Stream Impact Maps. We have noted the location of the culvert to be removed on the
Stream Impact Maps and added a note specifying that the culvert will be removed to restore an
open channel.
Please feel free to call if you have questions or require additional information to complete your
review of the application.
Sincerely,
WithersRavenel
Troy Beasley
Environmental Practice Area Lead
Attachments:
1) Revised PCN Form
2) Revised NCDMS Letter of Acceptance for Wetland/Stream Mitigation (8/12/2022)
3) Revised Wetland Impact Maps (8/4/2022)
4) Final Stream Impact Maps (6/20/2022)
5) NCDWR Request for Additional Information Email (7/25/2022)
Page 4 of 4
�■■ OurWithersRavenel
People. Your Success.
ATTACHMENTS
::WithersRavenel
Our People. Your Success.
REVISED PCN FORM
(8/12/2022)
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. SAW-2018-02111
DWR project no. 20220518 v1
Site Coordinates:
Latitude (DD.DDDDDD): 35.811562
Longitude (DD.DDDDDD): 78.888654
Form Version 1.5. September 2020
Date received: [Click to enter.]
Date received: [Click to enter.]
Pre -Construction Notification (PCN) Form
(Ver. 1.5, September 2020)
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory
questions are answered.
The online help file may be found at this link:
https://edocs.deq. nc.gov/WaterResou rces/0/edoc/624704/PCN%20He I p%20File%202018-1-30. pdf
The help document may be found at this link:
http://www.saw. usace.armv.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be
able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40
C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall
request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all
certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority
at least 30 days prior to submitting the certification request.
Attach documentation of Pre -Filing Meeting Request to this Application.
Date of Pre -filing Meeting Request (MM/DD/YYYY) : 8/30/2021
DWR ID # Click to enter. Version Click to enter. (If applicable)
A. Processing Information
County (counties) where project is located:
Wake Additional (if needed).
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
or airport project)
❑ Yes ❑x No
Is this a NCDOT project?
❑ Yes ❑x No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number:
Click to enter.
1 a.
Type(s) of approval sought from the Corps:
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Page 1 of 22
PCN Form - Version 1.5, September 2020
1 b. Permit type(s)?
❑ Nationwide Permit (NWP)
❑ Regional General Permit (RGP)
❑x Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as separate attachments
and submitted with this form.
1 c. Has the NWP or GP number been verified by the Corps?
• Yes ❑x No
NWP number(s):
Individual Permit
RGP number(s):
Click to enter.
1 d. Type(s) of approval sought from the DWR (check all that apply): *
❑ 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization
❑x Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: *
❑ Yes ❑x No
For the record only for Corps Permit: *
❑ Yes ❑x No
1f. Is this an after -the -fact permit/certification application?
❑ Yes ❑x No
1 g. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
Yes ❑ No
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h. Is the project located in any of NC's twenty coastal counties?
❑ Yes ❑x No
1 i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)?
El Yes ❑x No El Unknown
1j. Is the project located in a designated trout watershed?
❑ Yes ❑x No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 2 of 22 PCN Form - Version 1.5, September 2020
B. Applicant Information
1 a.
Who is the primary contact?
Troy Beasley — WithersRavenel — Authorized Agent
1 b.
Primary Contact Email:
tbeasley@withersravenel.com
1 c.
Primary Contact Phone: (###)###-####
(910)509-6512
1 d.
Who is applying for the permit/certification?
all that apply)
(check
el Owner El Applicant (other than owner)
1 e.
Is there an agent/consultant for this project?
el Yes ❑ No
2. Landowner Information
2a. Name(s) on Recorded Deed:
Legacy Cary LLC
2b. Deed Book and Page No.:
See attached Parcel/Owner Info
2c. Responsible Party (for corporations):
Derek Boesch
2d. Address
Street Address:
10720 Sikes Place
Address line 2:
#150
City:
Charlotte
State/ Province/ Region:
NC
Postal/ Zip Code:
28277
Country:
USA
2e. Telephone Number: (###)###-####
(980)262-6133
2f. Fax Number: (###)###-####
Click to enter.
2g. Email Address: *
dboesch@gciresidential.com
3.
Applicant Information (if different from owner)
3a.
Name:
Click to enter.
3b.
Business Name (if applicable):
Click to enter.
3c.
Address:
Street Address:
Click to enter.
Address line 2:
Click to enter.
City:
Click to enter.
State/ Province/ Region:
Click to enter.
Postal/ Zip Code:
Click to enter.
Country
Click to enter.
3d.
Telephone Number: (###)###-####
Click to enter.
3e
Fax Number: (###)###-####
Click to enter.
Page 3 of 22
PCN Form - Version 1.5, September 2020
3f. Email Address:
Click to enter.
4. Agent/ Consultant (if applicable)
4a. Name: *
Troy Beasley
4b. Business Name:
WithersRavenel, Inc
4c. Address: *
Street Address:
219 Station Road
Address line 2:
Suite 101
City:
Wilmington
State/ Province/ Region:
NC
Postal/ Zip Code:
28405
Country:
USA
4d. Telephone Number: (###)###-####
(910)509-6512
4e Fax Number: (###)###-####
Click to enter.
4f. Email Address: *
tbeasley@withersravenel.com
Agent Authorization Letter:
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
httbs://www.saw. usace.armv. mil/Missions/Regulatorv-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 4 of 22 PCN Form - Version 1.5, September 2020
C. Project Information and Prior Project History
1.
Project Information
1 a.
Name of project:
Legacy -Cary (Twyla Rd)
1 b.
Subdivision name (if appropriate):
Click to enter.
1 c.
Nearest municipality/town: *
Cary
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
See attached Parcel/Owner Info
2b.
Property size (in acres):
36.42
2c.
Project Address:
Street Address:
1112 Twyla Road
Address line 2:
Click to enter
City:
Cary
State/ Province/ Region:
NC
Postal/ Zip Code:
27519
Country:
USA
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): 35.811562
Longitude (-DD.DDDDDD): -78.888654
3.
Surface Waters
3a.
Name of nearest body of water to proposed project:
Panther Creek (Stream Index: 16-41-1-17-3)
3b.
Water Resources Classification of nearest receiving
water:
S-IV;NSW
The Surface Water Classification map may be found at this link:
https://ncdenr.maps.arcgis.com/apes/webappviewer/index.html?id=6e125ad7628f494694e259c8Odd64265
3c.
In what river basin(s) is your project located?*
Cape Fear
Choose additional (if needed)
3d.
Please provide the 12-digit HUC in which the project is
located:
0303000206
The Find Your HUC map may be found at this link:
https://ncdenr.maps.arcgis.com/apes/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3
Page 5 of 22 PCN Form - Version 1.5, September 2020
4. Project Description and History
4a. 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 consists primarily of mature forest. The project site previously contained several single family
lots/dwellings and associated yards on both sides of Twyla Road prior to being purchased by the applicant.
Twyla Road bisects the project site and currently is the only point of access to the project area, as well as
privately owned property to the north and west of the project.
4b. Have Corps permits or DWR certifications been obtained for this
project (including all prior phases) in the past?
El Yes ❑x No ❑Unknown
4c. If yes, please give the DWR Certification number and/or Corps
Action ID (ex. SAW-0000-00000):
SAW-2018-02111
jClick to enter.]
Attach any pertinent project history documentation
4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e. Attach an 8% x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f. List the total estimated acreage of all existing wetlands on the
property:
1.2 acres
4g. List the total estimated linear feet of all existing streams (intermittent
and perennial) on the property:
3,587 linear feet
4g1. List the total estimated acreage of all existing open waters on the
property:
0 acres
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a mixed -use, multifamily apartment complex and
commercial/retail development to provide alternative housing options for people who want to live in the Town of
Cary but cannot afford to purchase a home due to high real estate prices. .
The applicant chose the Town of Cary as the desired location for the proposed project based on numerous
factors including proximity/access to high paying jobs within Cary and surrounding municipalities, thriving
social/entertainment scene, schools, access to various transportation networks, and other factors that make Cary
a desirable place to live. The applicants market research determined that there is a deficit of affordable rental
workforce housing within the Town of Cary. Additionally, the median home price within the Town of Cary is in
excess of $600,000 (per www.Redfin.com on 6/17/2022) resulting in a significant barrier for entry into home
ownership. The high home prices and deficit in affordable rental workforce housing makes the Town of Cary the
ideal location for the proposed project. These levels of high real estate prices persist throughout Wake County.
Based on current interest rates (5.91 %) on a 30-year mortgage with 20% down ($120,00), the monthly mortgage
payment would be $2,850 per month before taxes and insurance. And interest rates continue to go up making
the purchase of a home even more expensive. The current monthly cost of home ownership is more than 30%
higher than the projected average rents for the proposed apartment complex. The proposed project will provide a
garden style apartment community which will offer a quality home to the residents of Cary who cannot afford to
purchase a home in Cary.
Additionally, the proposed project is located 0.17 miles from the Morrisville Parkway/540 interchange, allowing
residents immediate access to 540 to travel to various locations throughout the triangle and eliminating traffic
congestion on smaller roads and thoroughfares within the Town of Cary.
4i. Describe the overall project in detail, including the type of equipment to be used:
See PCN Cover Letter for details on the proposed project.
4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
Page 6 of 22
PCN Form - Version 1.5, September 2020
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or in
proposed impact areas?
- Yes ❑ No ❑Unknown
Comments:
The wetland delineation for the proposed project was approved by the USACE in the Preliminary Jurisdictional
Determination (SAW-2018-02111) dated 12/15/2021 which has been provided as an attachment to this
application.
5b. If 5a is yes, who delineated the jurisdictional
areas?
Name (if known): Troy Beasley
Agency/Consultant Company: WithersRavenel
Other: Click to CI Ile,
5c. If the Corps made a jurisdictional determination,
what type of determination was made?
❑x Preliminary ❑ Approved ❑ Emailed Concurrence
❑ Not Verified ❑ Unknown
Corps AID number (ex. SAW-0000-00000):
^,lick to enter
5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
USACE issued a Preliminary Jurisdictional Determination (SAW-2018-02111) for the project area dated
12/15/2021 which has been provided as an attachment to this application.
The Town of Cary issued a Buffer Determination Letter for the proposed project (TCRB 18-008) on 3/15/2019
which has been provided as an attachment to this application.
5d1. Attach jurisdictional determinations.
Page 7 of 22 PCN Form - Version 1.5, September 2020
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
'lick to enter.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize
any part of the proposed project or related activity? This includes other separate and distant crossings for linear
projects that require Department of the Army authorization but don't require pre -construction notification.
No
Page 8 of 22 PCN Form - Version 1.5, September 2020
D. Proposed Impacts Inventory
1. Impacts Summary
1 a. Where are the impacts associated with your project
(check all that apply):
❑x Wetlands
❑ Buffers
❑ Pond Construction
❑x Streams - tributaries
❑ Open Waters
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #
2a1.
Impact
Reason/Type
2b.
Impact
Duration
2c.
Wetland Name
2d.
Wetland Type
2e.
Forested
?
2f.
Jurisdiction
Type*
2g.
Impact Area
(ac)
W1
Choose one
Temp/
Perm
Click to enter
Choose one
Choose one
Click to
enter
W2
Choose one
Temp/
Perm
Click to enter
Choose one
Choose one
Click to
enter
W3
Choose one
Temp/
Perm
Click to enter
Choose one
Y/N
Choose one
Click to
enter
W4
Choose one
Temp/
Perm
Click to enter
Choose one
Y/N
Choose one
Click to
enter
W5
Choose one
Temp/
Perm
Click to enter
Choose one
Y/N
Choose one
Click to
enter
W6
Choose one
Temp/
Perm
Click to enter
Choose one
Y/N
Choose one
Click to
enter
2g1. Total temporary wetland impacts
Click to enter. ac
2g2. Total permanent wetland impacts
Click to enter. ac
2g3. Total wetland impacts
Click to enter. ac
2h. Comments:
See Wetland Impact Table on next page
Page 9 of 22 PCN Form - Version 1.5, September 2020
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #
2a1.
Impact
Reason
2b.
Impact
Duration
2c.
Wetland
Name
2d.
Type of
Wetland
2e.
Forested?
2f.
Jurisdiction
Type
2g.
Impact
Area (ac)
W1
Road
Improvements
(Twyla Rd)
Permanent
Wetland K
Headwater
Forest
Yes
Both
0.025
W2
Road
Improvements
(Twyla Rd)
Permanent
Wetland E
Headwater
Forest
Yes
Both
0.200
W3
Greenway
Permanent
Wetland F
Headwater
Forest
Yes
Both
0.001
W4
Road
Crossing
(Stockwell Ln)
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.233
W5
Riprap
Dissipator
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.035
W6
Indirect
Secondary
Impact
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.004
W7
Riprap
Stabilization
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.009
W8
Coffer
Dam/Temp
Construction
Access
Temporary
Wetland J
Headwater
Forest
Yes
Both
0.027
W9
Road
Improvements
(Twyla Rd)
Permanent
Wetland D
Headwater
Forest
Yes
Both
0.107
W10
Indirect
Secondary
Impact
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.032
W11
Site Fill for
Hotel
Permanent
Wetland K
Headwater
Forest
Yes
Both
0.051
W12
Indirect
Secondary
Impact
Permanent
Wetland K
Headwater
Forest
Yes
Both
0.064
2g1. Total temporary wetland impacts
0.031 ac
2g2. Total permanent wetland impacts
0.576 ac
2g3. Total Wetland Impacts
0.607 ac
2h. Comments
See PCN Cover Letter for Additional Information on Proposed Wetland Impacts
3. Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #
3a.
Impact Reason/
Type
3b.
Impact
Duration
3d.
Stream Name
3e.
Stream
Type
3f.
Jurisdiction
Type
3g.
Stream Width
(avg ft)
3h.
Impact length
(linear ft)
S1
Fill (Incl. Riprap)
Permanent
Stream 1
Intermittent
Both
5
646
S2
Fill (Incl. Riprap)
Permanent
Stream 1
Perennial
Both
5
147
S3
Other
Temporary
Stream 2
Intermittent
Both
10
10
S4
Fill (Incl. Riprap)
Permanent
Stream 2
Intermittent
Both
10
45
S5
Crossing/ Culvert
Permanent
Stream 2
Intermittent
Both
10
110
S6
Fill (Incl. Riprap)
Permanent
Stream 2
Intermittent
Both
9
33
S7
Other
Temporary
Stream 3
Intermittent
Both
10
10
S8
Fill (Incl. Riprap)
Permanent
Stream 3
Intermittent
Both
10
50
S9
Crossing/ Culvert
Permanent
Stream 3
Intermittent
Both
12
56
S10
Choose one,
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
Choose onf
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch impact:
0 linear ft
3i2. Total permanent stream impacts:
1,087 linear ft
3i3. Total temporary stream impacts:
20 linear ft
3i4. Total stream and ditch impacts:
1,107 linear ft
3j. Comments:
See PCN Cover Letter for additional information on proposed stream impacts.
Page 10 of 22 PCN Form - Version 1.5, September 2020
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., individually list all open water impacts in the table below.
4a.
Site #
4b.
Impact Reason/
Type
4c.
Impact
Duration
4d.
Waterbody Name
4e.
Waterbody
Type*
4e1.
Jurisdiction
Type
4f.
Impact area (ac)k
01
Choose one
Temp/
Perm
Click to enter.
Choose one
Choose one
Click to enter.
02
Choose one
Temp/
Perm
Click to enter.
Choose one
Choose one
Click to enter.
03
Choose one
Temp/
Perm
Click to enter.
Choose one
Choose one
Click to enter.
04
Choose one
Temp/
Perm
Click to enter.
Choose one
Choose one
Click to enter.
4g. Total temporary open water impacts
Click to enter. ac
4g. Total permanent open water impacts
Click to enter. ac
4g. Total open water impacts
Click to enter. ac
4h. Comments:
Click to enter.
5. Pond or Lake Construction
If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater
management ponds.)
5a.
Pond ID
#
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (ac)
5d.
Stream Impacts (ft)
5e.
Upland
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click tL.
enter.
Click tk.
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
P2
Choose one
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
5f. Total
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
5g. Comments:
Click to enter.
5h. Is a dam high hazard permit required?
❑ Yes ❑ No
If yes, permit ID no.:
Click to enter.
5i. Expected pond surface area (acres):
Click to enter.
5j. Size of pond watershed (acres):
Click to enter.
5k. Method of construction:
Click to enter.
Page 11 of 22 PCN Form - Version 1.5, September 2020
6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
(Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to enter.
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
B1
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B2
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B4
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B5
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B7
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B8
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B9
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B10
Choose one
remp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
6h. Total temporary impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total permanent impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total combined buffer impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6i. Comments:
Click to enter.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 12 of 22 PCN Form - Version 1.5, September 2020
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that
impacts to wetlands and "waters" could be minimized.
Proposed wetland and stream impacts have been minimized to only those necessary for infrastructure. There
are no proposed impacts for construction of buildings, parking, or stormwater management.
The majority of the proposed wetland and stream impacts are necessary for construction of the roads for access
to the site. The primary access to the proposed Legacy Cary development will be Twyla Road from Morrisville
Parkway. The existing connection of Twyla Road to Morrisville Parkway will be relocated to the traffic circle
because the existing intersection is too close to the traffic circle to meet NCDOT separation standards. Also,
relocating Twyla Road to connect to the traffic circle provides safer conditions for vehicles entering and leaving
Twyla Road. Aside from the relocation of the connection of Twyla Road to the Morrisville Parkway traffic circle,
Twyla Road will be improved in its current location/alignment.
Twyla Road will be a public road and is required to be improved to meet Town of Cary design standards for a
public roadway and will have a 60' ROW. Twyla Road must be widened and raised 33 feet in elevation to match
the existing elevation of Morrisville Parkway traffic circle (350' elevation) and transition the road to natural grade
at the northern cul-de-sac (282' elevation). The required improvements to Twyla Road will result in permanent
impacts to the Stream 1 (intermittent) that runs parallel to Twyla Road only a few feet from the existing edge of
pavement. As discussed in depth in the "Onsite Alternatives" section of the attached Alternatives Analysis,
various alignments and designs for Twyla Road improvements were explored and determined to not be feasible
or not resulting in a reduction of impacts to Stream 1.
The extension of Stockwell Lane is necessary to meet Town of Cary's interconnectivity requirements and will
provide a secondary access to Morrisville Parkway for residents of Fryars Gate subdivision traveling west on
Morrisville Parkway. The alignment of the Stockwell Lane extension was restricted by the location of the existing
road stub within the Fryars Gate subdivision to the east. The proposed impacts for the Stockwell Lane extension
have been minimized to the greatest extent practicable while maintaining a functional design that prevents future
disturbance to Streams 2 & 3 as discussed in depth in the "Proposed Project" section above.
Upon completion of construction of the Stockwell Lane extension, the temporary coffer dams within Wetland J,
and Streams 2 & 3 will be removed. The temporary stream impact areas restored to natural grade (bed and
bank). The stream banks will be lined with biodegradable matting and seeded, if possible, depending on the
water levels. No matting will be placed on the stream bed. Additionally, temporary wetland impact areas will be
restored to natural grade and seeded with a wetland seed mix.
The greenway trail has been designed to minimize wetland impacts to only those necessary for a riprap
dissipator for a culvert in the greenway trail to prevent erosion within Wetland F. There are no proposed wetland
or stream impacts required for construction of the greenway trail.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
During construction, access will occur within uplands where practical. Sediment & erosion control devices and
silt fencing will be installed prior to construction to prevent sediment from escaping into downstream waters and
also avoid disturbance wetlands and streams beyond the approved impact areas.
2.
Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a.
If compensatory mitigation is required, by whom is it required?
❑x DWR ❑x Corps
(check all that apply)
Page 13 of 22
PCN Form - Version 1.5, September 2020
2b. If yes, which mitigation option(s) will be used for this
project? (check all that apply)
❑ Mitigation Bank
❑x In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Click to enter.
3b. Credits purchased/requested:
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
Click to enter.
4. Complete if Using an In Lieu Fee Program
4a. Attach approval letter from in lieu fee program.
4b. Stream mitigation requested:
1,193 linear feet
4c. If using stream mitigation, what is the stream temperature:
warm
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
https://ribits.usace.armv.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:0
4d. Buffer mitigation requested (DWR only):
Click to enter. square feet
4e. Riparian wetland mitigation requested:
1.1 acres
4f. Non -riparian wetland mitigation requested:
Click to enter. acres
4g. Coastal (tidal) wetland mitigation requested:
Click to enter. acres
4h. Comments:
See PCN Cover Letter for details on the proposed compensatory mitigation.
WR contacted mitigation banks that service the Cape Fear 0303000206 basin (RES/Restoration Systems) to
determine availability of proposed stream and wetland mitigation. Neither mitigation bank has enough stream or
wetland credits currently available to provide the total 1.1 acres of wetland mitigation and 1,193 If of stream
mitigation proposed even when combined. Both banks are expecting future releases of stream and wetland
credits prior to issuance of the 404/401 permits. In order to provide certainty that the applicant has the ability to
provide the proposed stream and wetland mitigation for the project, WR obtained a ILF Letter of Acceptance
from NCDMS for the entire 1.1 acres of wetland mitigation and 1,193 If of stream mitigation proposed, which is
attached. Prior to issuance of the 404/401 permits, WR will coordinate with the mitigation banks to determine
what stream and wetland credits are available at that time and will reserve as much of each type of mitigation
credits as possible within the banks and submit a mitigation proposal modification notification to the USACE and
NCDWR specifying the wetland mitigation credits to be purchased from a mitigation bank, or combination of
mitigation banks and NCDMS (if necessary) for the preparation of the MRTFs.
Page 14 of 22
PCN Form - Version 1.5, September 2020
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including the amount of mitigation proposed.
(:lick to anfar
5b. Attach mitigation plan/documentation.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a. Will the project result in an impact within a protected riparian buffer
that requires buffer mitigation?
❑ Yes ❑ No
If yes, please complete this entire section — please contact DWR for more information.
6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required in the table below.
Zone
6c.
Reason for impact
6d.
Total impact (square
feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
Click to enter.
Click to enter.
:,hoose one
Click to enter.
Zone 2
:,lick to enter.
Click to enter.
:,hoose one
Click to enter.
6f. Total buffer mitigation required
Click to enter.
6g. If buffer mitigation is required, is payment to a mitigation bank or
NC Division of Mitigation Services proposed?
❑ Yes ❑ No
6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i. Comments:
elicK to enter.
Page 15 of 22 PCN Form - Version 1.5, September 2020
F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers
identified within one of the NC Riparian Buffer Protection Rules?
► Yes ❑ No
1 b.
All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit-
quidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
What Type of SCM are you
providing?
(Check all that apply)
❑ Level Spreader
El Vegetated Conveyance (lower seasonal high water table- SHVVT)
❑ Wetland Swale (higher SHWT)
❑x Other SCM that removes minimum 30% nitrogen
❑ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here:
Attach diffuse flow documentation.
2.
Stormwater Management Plan
2a.
Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250?
❑ Yes ❑x No
2b.
Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)?
El Yes ❑x No
To look up low density requirements, click here:
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c.
IS the project over an acre?
❑x Yes ❑ No
2d.
Does this project have a stormwater management plan (SMP)
reviewed and approved under a state stormwater program or state-
approved local government stormwater program?
❑x Yes ❑ No
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2e.
Which of the following stormwater management program(s) apply?
(Check all that apply)
❑x Local Government
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Page 16 of 22
PCN Form - Version 1.5, September 2020
Local Government Stormwater Programs
❑x Phase II
❑x NSW
❑ USMP
❑x Water Supply
Please identify which local government stormwater program you are using.
Town of Cary
State Stormwater Programs
El Phase II
❑ Coastal Counties
El HQW or ORW
❑ Other
Comments:
Page 17 of 22 PCN Form - Version 1.5, September 2020
G. Supplementary Information
1.
Environmental Documentation
1 a.
Does the project involve an expenditure of public (federal/state/local)
funds or the use of public (federal/state) land?
❑ Yes
0 No
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 (North Carolina) Environmental
Policy Act (NEPA/SEPA)?
❑Yes
❑ No
lc.
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
Comments:
Click to enter.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300),
DWR Surface Water or Wetland Standards or Riparian Buffer Rules
(15A NCAC 2B .0200)?
❑ Yes 0 No
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
Click to enter.
3.
Cumulative Impacts (DWR Requirement)
3a.
Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
downstream water quality?
❑ Yes 0 No
3b.
If you answered "no", provide a short narrative description:
The proposed project is located within a heavily developed are of Cary/Wake County and is not anticipated to be
a specific catalyst for future development. Additionally, there are no additional phases anticipated nor additional
property proposed for purchase by the applicant adjacent to the proposed project. Therefore, the proposed
project will not result in additional development which could impact nearby downstream water quality.
3c.
If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent
DWR policy.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes ❑ No ❑ N/A
Page 18 of 22 PCN Form - Version 1.5, September 2020
4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
Town of Cary sanitary sewer
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl)
❑ Yes ❑x No
5b.
Have you checked with the USFWS concerning Endangered Species
Act impacts?
❑ Yes ❑x No
5c.
If yes, indicate the USFWS Field Office you have contacted.
choose one
5d.
Is another federal agency involved?
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e.
Is this a DOT project located within Divisions 1-8?
❑ Yes ❑x No
5f.
Will you cut any trees in order to conduct the work in waters of the
U.S.?
►�I Yes El No
5g.
Does this project involve bridge maintenance or removal? *
❑ Yes ❑x No
Link to NLEB SLOPES document: http://saw-req.usace.armv.mil/NLEB/1-30-17-signed NLEB-
SLOPES&apps.pdf
5h.
Does this project involve the construction/ installation of a wind
turbine(s)?
El Yes ❑x No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf)
5i.
Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
mechanized pile drivers, etc.?
❑ Yes ❑x No
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdf)
5j.
What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat?
See PCN Cover Letter for information regarding evaluation of the project for impacts to federally listed species
and critical habitat.
Attach consultation documentation.
6.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as
an Essential Fish Habitat?
El Yes
❑x No
Are there submerged aquatic vegetation (SAV) around
the project vicinity?
El Yes
❑x No
El Unknown
Page 19 of 22
PCN Form - Version 1.5, September 2020
Will this project affect submerged aquatic vegetation?
❑ Yes ❑ No
Explain::,lick to enter.
❑ Unknown
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
WR reviewed the NOAA Essential Fish Habitat online mapper, located at:
http://www. habitat. noaa.gov/protection/efh/eth mapper/index. html. There are no waters classified as EFH in
Wake County.
Page 20 of 22 PCN Form - Version 1.5, September 2020
7.
Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://q is. n cd cr.g ov/h powe b/
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 status (e.g., National Historic Trust designation or
properties significant in North Carolina history and archaeology)?
❑Yes ❑x No
7b.
What data source(s) did you use to determine whether your site would impact historic or archeological
resources?
WR submitted a project review request to SHPO in January 2019. In a letter dated 1/31/2019, SHPO specified
that they are aware of no historic resources which would be affected by the project and have no comment on the
project as proposed. The SHPO comment letter has been provided as an attachment.
7c.
Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
❑ Yes
❑x No
8b. If yes, explain how the project meets FEMA requirements.
UIICK to enter.
8c. What source(s) did you use to make the floodplain determination?
www.ncfloodmaps.com
Page 21 of 22 PCN Form - Version 1.5, September 2020
H. Miscellaneous
Comments:
(`lirlr fn a -
Attach pertinent documentation or attachments not previously requested
I. Signature*
❑x By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: Troy Beasley — WithersRavenel — Authorized Agent
Signature: � .A-- C
>
Date: 8/12/2022
Page 22 of 22 PCN Form - Version 1.5, September 2020
::WithersRavenel
Our People. Your Success.
REVISED NCDMS LETTER OF ACCEPTANCE
FOR WETLAND/STREAM MITIGATION
(8/12/2022)
'1i h,
ROY COOPER a _:
Governor
ELIZABETH S.BISER ,=,0,b°,
Secretory .. ..,
MARC RECKTENWALD NORTH CAROLINA
Director Environmental Quality
August 12, 2022
Derek Boesch
Legacy Cary, LLC
25101 Chagrin Blvd, Suite 300
Beachwood, OH 44122 Expiration of Acceptance: 2/12/2023
Project: Legacy-Cary (Twyla Rd) County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the compensatory mitigation
credit you are requesting is summarized in the following table. The amount of mitigation required and
assigned to DMS for this impact is determined by permitting agencies and may differ from the amounts
shown below.
River Basin Impact Location Impact Type Requested Credit
(8-digit HUC)
Cape Fear 03030002 Warm Stream 1,193
Cape Fear 03030002 Riparian Wetland 1.1
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@ncdenr.gov.
Sincerely,
Attirii/a...acetzncv
FOR James. B Stanfill
Deputy Director
cc: Troy Beasley, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
��`` 217 West Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652
De'Ja M1nic n c1 Ear I O N..131 Dual 919.707.8976
::WithersRavenel
Our People. Your Success.
REVISED WETLAND IMPACT MAPS
(8/4/2022)
1 n tto rocs - w
WETLAND IMPACT SUMMARY
MAP
IMPACT
NUMBER
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
SECONDARY WETLAND IMPACT
(AC)
(65
(AD)
(SF)
(AC)
(SF)
2
Wi
0025AC
078 SF
2
9112
0020AC
381 SF
2
W3
0001 AC
28 SF
9114
0233 AC
10149 SF
9115
0035 AC
501 SF
W6
0004 AC
163 SF
W7
0009 AC
393 SF
W8
0 027 AC
1,186 SF
W9
0107 AC
652 SF
2
2
TOTALS
91110
91112
0 027 AC
349 SF
0 051 AC
0481 AC
210 SF
20,892 SF
0032 AC
0064 AC
0 100 AC
381 SF
786 SF
312 SF
•
\\ // /% Z
`-- 60' ACCESS EASEMENT 1
1 I FOR NORTHERN PARCELS • •
\\\ 1
/ 11 r `/
/ 1/ // 7-
i1
I `\ I
CULVERT TO BE REMOVED
/ (( //
• I
I II 1( ( •
/)i ((1
/ /
AREA W9
CP
0
cP
.
C
N 7.
TWYLA ROAD (SR 3068)
60' PUBLIC R/W
Mc1977V•.111P 7
AREA W4 THRU W8
WETLAND ENCROACHEMENT
SEE MAP 3 FOR DETAILED VIEW
i/A'r
FUTURE COMMERCIAL
AREA W1, W11 AND W-12
WETLAND ENCROACHEMENT
SEE MAP 2 FOR DETAILED VIEW %,. J
o�\\\`
•l1 r;"--l_;:-----;:,:::pLL(
FCIAL
% % ~ 1 d.
0
o
V. G
mLa 13,
0
200
400'
LEGEND
PROPOSED IMPACT AREA
PROJECT INFORMATION
PROJECT SITE
SITE ACREAGE: 36.84± ACRES
PIN REFERENCES:
REAL ESTATE I.D.:
0734297619, 0735217059, 0735209946,
0735209448, 0735209159, 0734392943,
0734294615, 0734390881, 0735209740,
0734294807, 0735203489, 0735203991,
0734390677, 0735203193, 0735304691,
0734395976
0105973, 0101553, 0135034,
0129571, 0105972, 0155315,
0100216, 0155314, 0105901,
0100217, 0105971, 0105900,
0481114, 0105970, 0446401,
0446400
1. EXISTING SURVEY INFORMATION PROVIDED BY WITHERSRAVENEL.
2. WETLAND DELINEATION APPROVED BY USACE PRELIMINARY
JURISDICTIONAL DETERMINATION (SAW-2018-0211) DATED 12/15/2021.
3. RIPARIAN BUFFERS APPROVED BY TOWN OF CARY BUFFER
DETERMINATION LETTER (TCRB 18-008) DATED 3/15/2019.
0
Z
m
w X
3w
ul-
QQ
0
T
O
z
vo
0 0
T3
DO
0
0
z
*1 \ � � 3 3
IMPACT AREA W3 j /-*• 8'L x 4'W x 18"Thk
PERMANENT RIPRAP 3 3
DISSIPATOR
(0.001 AC) 28 SF
3 3 3
3 3 3
3 3 3
PROPOSED 10' ASPHALT
GREENWAY TRAIL
(8" D50 STONE)
RIPRAP VELOCITY DISSIPATOR
SEE DETAIL SHEET C9.8
J
AREA W3
WETLAND ENCROACHMENT
0 20' 40'
MB 1977 VOL. III PG 755 \�o�
86
3 3
\ 3
—297-
WETLAND E
PROPERTY LINE \ 1
(TYP.) \ /
3 3
WETLAND IMPACT SUMMARY
MAP
IMPACT
NUMBER
TEMPORARY WETLAND IMPACT
PERMANENTWERAND IMPACT
SECONDARY WETLAND IMPACT
(AC)
(SF)
(AC)
(SF)
(AC)
(SF)
0025 AC
0)8 SF
W2
0020 AC
881 SF
W3
0001 AC
28 SF
W4
0233 AC
10,149 SF
W5
0035 AC
501 SF
W6
0004 AC
163 SF
W]
0009 AC
393 SF
002)AC
186 SF
W9
0 0,AC
652 SF
91110
0032 AC
381 SF
W„
0051AC
210 SF
91112
0064 AC
)86 SF
TOTALS
002)AC
349 SF
0480 AC
20,892 SF
0100AC
312 SF
— PROPOSED STORM —
DRAINAGE (TYP)
\ *\)
IMPACT W2
I PERMANENT ROAD CROSSING
(0.020 AC) 881 SF
/* I
1* */
( �\ /II
a a a a
AREA W2
WETLAND ENCROACHMENT
0 20' 40'
/ I
EXISTING
WETLANDS (TYP.)
/ /.
\ C ` N
PROPOSED STORM
DRAINAGE EASEMENT (TYP.)
/ \ J
lam/
TOWN OF CARY
PIN # 0735203193
1.78 ACRES
\ I /
)
r/ /
/ /
LEGEND
PERMANENT WETLAND IMPACT
SECONDARY WETLAND IMPACT
NAM% ' , TWYLA ROAD (SR 3068) 'WEE
60' PUBLIC RIW — � :54;
�
.
PROPOSED STORM
� � �� DRAINAGE (TYP.)
MB 1977 VOLIII PG 75570,
IMPACT W1
PERMANENT ROAD CROSSING
(0.025 AC) 1,078 SF
\ / c-
c\ PROPOSED STORM
/ 7 DRAINAGE EASEMENT (TYP.) \'<
i • r v� —`\
/ --/J Y EXISTING
/ / — ---- --, WETLANDS (TYP.)
/ \c, ti — 1
I/ r r� —,v— J\— . cN-\ C
/ TOWN OF CARY / WETLAND K
PIN # 0735203193
1.78 ACRES — J
/ \ v- V , \ \
f �- � PROPERTY LINE \ \\
/ , , (TYP.) \ \\
% / / / \ IMPACT W11'
/ / / / /— PERMANENT SITE GRADING \
\ ( I (, / �/ �� FOR COMMERCIAL LOT I
`\ I // r10 �'p (0.051 AC) 2,210 SF \
\\\\ / _/
IMPACT AREA W12
SECONDARY IMACT
(0.064 AC) 2,786 SF
BREAKLINE BETWEEN , / I
ROAD GRADING AND (
AREA W1, W11 AND W12
WETLAND ENCROACHMENT
0 50' 100'
v N
0
Z
Q
w
J
T
0
Z
7
vo
7
T7
0
0
0
Z
FRIAR GET HOA, INC.
PIN # 0735304691 _
3.37 ACRES
N TEMPORARY GRADING AND
N CONSTRUCTION EASEMENT
/ \
—
PER BM2017,PG951 \) �—
1�I _300
IMPACT AREA W6
SECONDARY IMPACT
(0.004 AC) 163 SF
20' TYPE "B" BUFFER
— — _ _ WORK AREA DEWATERING
PUMP INTAKE
RIPRAP STILLING BASIN
STREAM 3
INTERMITTENT
\
DOWNSTREAM
/'- • • COFFER DAM
IMPACT AREA W10
SECONDARYIMACTi
(0.032 AC) 1,381 SF
•
l�
\ \ \
IMPACT AREA W5
\ PERMANENT RIPRAP
INSTALLATION
(0.035AC) 1,501 SF
•
STREAM 4
INTERMITTENT •
•
EXISTING
\ WETLANDS (TYP.)
L .f
DOWNSTREAM
COFFERDAM �1--
\ �i- - STILLING
\ RIPRAP BASIN
WORK AREA DEWATERING
PUMP INTAKE
1
EXISTING STOCKWELL LANE
EDGE OF PAVEMENT
TO BE REMOVED
TEMPORARY GRADING AND
CONSTRUCTION EASEMENT
PER BM 2017, PG 951
FRIAR FAMILY LIMITED
PARTNERSHIP
PIN # 0734395976
3.48 ACRES
115)94„
<9GT �Y2
-3_WETLANDJ
PROPERTY LINE
(TYP.)
'-v
T
w--
-LL
LL
CO
/ ¢ /
� � w
— / a
1
---
TEMPORARY CONSTRUCTION
ACCESS
(0.026AC) 1,141 SF
3 3 -/ 3 3
�` TOP OF BANK
UPSTREAM COFFER DAM
AND TEMPORARY
CONSTRUCTION ACCESS
3 3 3 3
3 3
STREAM2
PERENNIAL
7 7
BYPASS PUMP(S)
7 7 7
1 /
IMPACT AREA W7
PERMANENT STABILIZATION
(0.009 AC) 393 SF
2g� ��� _ ' • \ IMPACT W7 /
TEMPORARY CONSTRUCTION ACCESS / i \
IMPACT AREA W4 (0.001 AC) 45 SF \
\` PERMANENT ROAD CROSSING
(0.233 AC) 10,149 SF
�— t AREAS W4 THRU W8
\ '\-
WETLANHOSE FOR BYPASS PUMPS)D
\ �, ��— \\ \ n \ \ ENCROACHMENT
3 3
3 3
3
3
3 3
NAP
TOTALS
IMPACT
NUMBER
0
20'
40'
LEGEND
PERMANENT WETLAND IMPACT
TEMPORARY WETLAND IMPACT
SECONDARY WETLAND IMPACT
WETLAND IMPACT SUMMARY
PERMANENT WETLAND INPACT
,J
1
SECONDARY WETLAND IMPACT
NJ
C5
1,186 SF
1,349 SF
NJ
C5
1,078 SF
881 SF
28 SF
1,501 SF
393 SF
4,652 SF
2,210 SF
20,892 SF
(AC)
(sL)
163 SF
1,381 SF
2,786 SF
4,312 SF
CO
0
z
W
J
T
0
O
z
vo
0
T3
z
WETLAND IMPACT SUMMARY
MAP
IMPACT
NUMBER
TEMPORARY WERAND IMPACT
PERMANENTWETLAND IMPACT
SECONDARY WERAND IMPACT
(AC)
(AC)
(BF)
(AD)
(BF)
2
Wi
0025 AC
108 SF
2
W2
0020 AC
381 SF
2
W3
0001 AC
28 SF
W4
0233 AC
10149 SF
W5
0035 AC
501 SF
W6
0004 AC
163 SF
W]
0009 AC
393 SF
W8
J 02) AC
1,186 SF
W9
0107 AC
652 SF
N110
0032 AC
381 SF
2
N111
0 051 AC
210 SF
2
N112
0064 AC
)86 SF
TOTALS
J 02) AC
349 SF
0480 AC
20,892 SF
J100 AC
312 SF
LEGEND
PERMANENT WETLAND IMPACT
F
\ � � � WOE /��\ J \ ■ � � �
/ _ � _ ( 1 � _ ■ ( WETLAND D
. '-� .ilk IMPACT W9
1 _ __ __ PERMANENT ROAD CROSSING
■�� _� -411. (0.107 AC) 4,652 SF
iiiiiiiiiirriow, ,441mL__ _ NMN.1111111 iliVillial iihmh
INER111111111K9A-Ma
STORMWATER CONTROL
STRUCTURE AND ACCESS
EASEMENT (TYP.) -
PROPOSED STORM 1 /
"- DRAINAGE EASEMENT (TYP.) / J /
J290'
/
1.7
MB 1977 VOL. III PG 755
AREA W9
WETLAND ENCROACHMENT
0
30'
60'
E
T
0
z
a
7
vo
0 0
7
T7
0
0
Z
::WithersRavenel
Our People. Your Success.
FINAL STREAM IMPACT MAPS
(6/20/2022)
60'ACCESS EASE ENT
FOR NORTHERN, PAR L
30" x 12' LONG CULVERT
TO BE REMOVED
• F-
.
•
0
200'
400'
S3 THRU S9
STREAM ENCROACHEMENT
SEE MAP 3
FOR DETAILED VIEW
•
`TWYLA ROAD (SR 3068)
4 (e'i .5 r
S1 AND S2
STREAM ENCROACHEMENT.
SEE MAP 2
FOR DETAILED VIEW
r 'L
v�NG
t
La '73
Q
IMPACT NUMBER
IMPACT
SPECIFICATION
OVERALL STREAM IMPACT SUMMARY
TEMPORARY
PERMANENT
(NO FUNCTIONAL LOSS)
PERMANENT
(FUNCTIONAL LOSS)
(LF)
(SF/AC)
(LF)
(SF/AC)
(LF)
(SF/AC)
2
S1
NON-PERP ROAD CROSSING
646 LF
3,491 SF
(0.080 AC)
2
S2
NON-PERP ROAD CROSSING
147 LF
699 SF
(0.016 AC)
3
S3
TEMPORARY
10 LF
174 SF
(0.004 AC)
----
----
----
----
3
S4
RIPRAP INSTALLATION
45 LF
469SF
(0.011 AC)
3
S5
PERP ROAD CROSSING
110 LF
1,008 SF
(0.023 AC)
3
S6
RIPRAP STABILIZATION
33 LF
283 SF
(0.007 AC)
3
S7
TEMPORARY
10 LF
103 SF
(0.002 AC)
----
----
----
----
3
S8
RIPRAP INSTALLATION
50 LF
492SF
(0.011 AC)
3
S9
PERP ROAD CROSSING
56 LF
679 SF
(0.016 AC)
TOTAL
20 LF
277 SF
(0.006 AC)
1,087 LF
7'121 SF
(0.164 AC)
PROJECT INFORMATION
PROJECT SITE
SITE ACREAGE:
PIN REFERENCES:
REAL ESTATE I.D.:
36.84± ACRES
0734297619, 0735217059, 0735209946,
0735209448, 0735209159, 0734392943,
0734294615, 0734390881, 0735209740,
0734294807, 0735203489, 0735203991,
0734390677, 0735203193, 0735304691,
0734395976
0105973, 0101553, 0135034,
0129571, 0105972, 0155315,
0100216, 0155314, 0105901,
0100217, 0105971, 0105900,
0481114, 0105970, 0446401,
0446400
EXISTING SURVEY INFORMATION PROVIDED BY WITHERSRAVENEL.
2. WETLAND DELINEATION APPROVED BY USACE PRELIMINARY
JURISDICTIONAL DETERMINATION (SAW-2018-0211) DATED 12/15/2021.
3. RIPARIAN BUFFERS APPROVED BY TOWN OF CARY BUFFER
DETERMINATION LETTER (TCRB 18-008) DATED 3/15/2019.
LEGEND
dm - - - - -
PROPOSEDIMPACT AREA
im ----- mil
0
0
Z
vo
T3
0
I-11
o•
YAP;
--EXISTING 1
\ 36" RCP
282
IMPACT LEGEND
- PERMANENT STREAM (FUNCTIONAL LOSS)
TEMPORARY STREAM
IMPACT AREAS2 /� / — �,.��
PERMANENT STREAM IMPACT <`
NON-PERP ROAD CROSSING - X
(FUNCTIONAL LOSS)
--0.016AC(147LF/699SF) - � — /
11
7
60
GRAPHIC SCALE
0 30 60
120
1 inch = 60 ft.
J
EXISTING
36" RCP
l L_
/ % / / J
/ r (` >� )
- tiJ /-
/ //�
/
WETLA• NDS �`��}rhY (FUNCTIONAL LOSS)
— — _ 'yl 0.080 AC (646 LF / 3,491 SF) ;
4
_— _ IMPACT AREA S1
/ PERMANENT STREAM IMPACT
NON-PERP ROAD CROSSING
0
0
Z
11a
.°
P.
z
3 3
0
0
e
8
0
FRIAR GET HOA, INC.
PIN # 0735304691
3.37 ACRES
IMPACT AREA S8
PERMANENT STREAM IMPACT
RIPRAP INSTALLATION —
(FUNCTIONAL LOSS) —
0.011 AC (50 LF / 492 SF)
STREAM 3
INTERMITTENT
IMPACT AREA S7 1
TEMPORARY STREAM IMPACT
0.002 AC (10 LF/ 103 SF)
•• • •\
/ DOWNSTREAM _
COFFER DAM
\ \ T- RIPRAP STILLING BASIN
\� �\ SEE DETAIL MAP 6
\ \ CHANNEL TO BE CONSTRUCTED WITHIN
•* \ \\ THE RIPRAP DISSIPATOR TO SHOW THE
NEW FLOW LINE OF STREAM
\ SEE DETAIL ON MAP 6 \
� 1
/
\— ✓ STREAM2
r,
�•\' PERENNIAL
EXISTING
WETLANDS
(TYP.)
\ I DOWNSTREAM
COFFER DAM
J
IMPACT AREA S3
TEMPORARY STREAM IMPACT
0.004 AC (10 LF / 174 SF)
IMPACT AREA S4
/ \ PERMANENT STREAM IMPACT
RIPRAP INSTALLATION
�� (FUNCTIONAL LOSS) 0.011 AC (45 LF/469 SF)
/ \/ RIPRAP STILLING BASIN
/ SEE DETAIL MAP 6
-PROPOSED _
24" DEEP CLASS "A" RIPRAP WITH
NONWOVEN GEOSYNTHETIC
CONFORMING TO NCDOT
STANDARD SPECIFICATION 1056 \
TYPE 2 UNDERLAYMENT
SEE DETAIL SHEET C9.8 -
FILTER BAGS FOR
PUMP DISCHARGE -
GREENWAY
TRAIL
1r
11
)1,
1I 1�1.
- TEMPORARY GRADING AND I
CONSTRUCTION EASEMENT
PER BM 2017, PG 951
9 ._9
WORK AREA DEWATERING
PUMP INTAKE
1
PERMANENT STREAM IMPACT
PERP ROAD CROSSING
(FUNCTIONAL LOSS)
0.016 AC (56 LF / 679 SF)
WORK AREA DEWATERING
PUMP INTAKE
I\ \
-��
_ _ 1
EXISTING STOCKWELL LANE
EDGE OF PAVEMENT
_
TO BE REMOVED
-30
.�Pt
I •
I )IMPACT ABTA TS
PERMANENT STREAMIMPACT
�PERPOADCROSSING(FUNCTIONAL LOSS)I 0.023 AC (110 LF / 1,008 SF)
Itlitt
' HOSE FOR BYPASS PUMP(S)
WORK AREA
DEWATERING PUMP /
CULVERT ACCESS AND \
MAINTENANCE EASEMENT '
- FRIAR FAMILY LIMITED
PARTNERSHIP
PIN # 0734395976
3.48 ACRES
w
1\ TEMPORARY GRADING AND
PBM 2017, PG951 EASEMENT
PER BM 2017, PG`51
BYPASS PUMP INTAKE 9
9 * ^9 9
I 9 L
/
_ T 9 9 ,��F,P
�19 9 9
9 * * STREAM 2 9
9 9 9 / 9� PERENNIAL
19 9 i7 9 9 9
UPSTREAM COFFER DAM 9 9 9
AND TEMPORARY
CONSTRUCTION ACCESS
/*
9
•
PROPERTY LINE
(TYP.)
> 9 /i 9/ 9 9
9--" \9 9 9 9 9
9 9 9 9 /9 9 9
9 9 9 9 9 9
9 9 9 9'lam/
A 9
•
9 9 9 9• I WETLAND J /�
9 9 9 9 •
BYPASS PUMP INTAKE / o _
9 9 �// / �. / j JN
RELOCATEDED
CHANNEL AND / \/ / / / /
•
v..../RIPRAP )• 7
A STABILIZATION / / / �///� i r
/ /
BYPASS PUMP(S) •_ // - /`, V// op' / /
1 _// /
O IMPACT AREA S6 / \ — /
rj PERMANENT STREAM IMPACT `� I / o W z w • /
/• RIPRAP STABILIZATION \, /_ 1 / �, // "' p 11 / /
• (FUNCTIONAL LOSS)) — / / H Q m -
,./ / 0.007 AC (33 LF / 283 SF) / / / \ / / m / //
/ / \ / — /
�- ,/ /y ) ,)\ / / /> > )/i/ / /1
//�� % it// /,/ // `\�%/// / / // /S
1i /
v �/ - 1 / / / / \/ // /
/1 / / / / r -
1 /f l/ /( / / A ��i / 1/
\ I ` / 2 / /` / / �/ / r
\II / / / /
\�/ / // / / / `�/ �/
-- ___-\_, ) / / / J /
/
Q
9 9
9 9
9 9 9
9 9 9
9 9
9 9
*�
9 9 j 99
* 9 9/ 9 9
TOPO F BANK . � 9
*
LL
9 9 '/ 9/ 9 9 9 � j
9 9 9 9/ 9` ' Y
-erg
/
/
7
0
30'
60'
TOP OF BANK
TOP OF RIP RAP
TO MATCH
PRE -CONSTRUCTION
STREAM CONTOUR
RIP RAP
RIPRAP APRON DETAIL
NTS
IMPACT LEGEND
- - PERMANENT STREAM (FUNCTIONAL LOSS)
- TEMPORARY STREAM
STOCKWELL LANE WESTERN CULVERT
STOCKWELL LANE STREAM 2 CROSSING
315
0
PROFILE VIEW
GRAPHIC SCALE
1" = 50' HORZ.
1"=5' VERT.
0
315
111
STA. 10+00
CAST - IN - PLACE -
CONCRETE HEADWALL
NV. = 289.00' (EMBEDDED 12") -
_-D
STA. 10+1+05 -
CAST - IN - PLACE _
CONCRETE HEADWALL
- INV. = 292.00' (EMBEDDED 12") -
310
310
4' MIN. COVER
305
RCP
/18"
305
300
8" DIP
WATERLINE
RECLAIMED
WATERLINE
1
300
295
EXISTING
GRADE
AT
�if
CENTERLINE
OF CULVERT
�
Q
�i
J
295
RCP
@ -2
g3
0
9
290
106
Q� VF
�
/
290
EMBED
84"
CULVERT
285
—\L
1.0' BELOW THALWEG
ELEVATION
RIPRAP STILLING BASIN
EXISTING GRADE AT
POOL DEPTH = 1 FT
POOL LENGTH = 21 FT
THALWEG
OF
CHANNEL
APRON LENGTH = 7 FT
280
BASIN WIDTH = 26 FT
CLASS "B" = 8")
(d50
280
9+00
9+50
10+00
10+50
11+00
11+50
12+00
50 100
300
295
290
285
-0+50
305
WESTERN CULVERT DOWNSTREAM
EXISTING GRADE —\
84" RCP
0+00
J
L
0+50
STREAM BED
EMBEDDED 1.0'
— BELOW THALWEG
ELEVATION
1+00
WESTERN CULVERT UPSTREAM
300
295
290
285
1+50
305
300
300
/
295
295
EXISTING GRADE
7
I
290
290
84" RCP
)
STREAM BED
EMBEDDED 1.0'
BELOW THALWEG
ELEVATION
-0+50
0+00
0+50
1+00
1+50
H
W Z
J
uUw
ZrY
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H 0
N
W
3 U
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0
0
yo
z
0
03
A3
0
EASTERN CULVERT
0
STOCKWELL LANE STREAM 3 CROSSING
315
PROFILE VIEW
GRAPHIC SCALE
1" = 50' HORZ.
1"=5' VERT.
0
50 100
315
310
111111
STA. 10+00 -
CAST - IN - PLACE _
CONCRETE HEADWALL
INV. = 293.50'
STA. 11+08
CAST - IN - PLACE -
CONCRETE HEADWALL _
INV. = 295.50' (EMBEDDED 12")
310
305
��
305
/
300
8"
DIP WATERLINE
300
ilRECLAIMED
WATERLINE-
�
- NOTE:
THE
SLOPE
OF
THE
PIPE
IS
_
MINIMIZED
TO REDUCE
OUTFALL
_
1��/���i�/,'
295
VELOCITY
RISKS
TO
WHICH
MITIGATE
WILL
RESULT
SCOUR
IN
A
295
_
PERCHED
OUTFALL
ON A
CHANNEL
RCP
@'� 890�0
- BRANCH
JURISDICTIONAL
THAT
S NOT
ON
THE
UPSTREAM
A06.02
LF 84„
_
END
OF
THE
PIPE
.
—
1
�
-..---
290
RIPRAP STILLING BASIN
290
- POOL DEPTH = 1 FT
POOL LENGTH = 21 FT
—
'
_
APRON LENGTH = 7 FT-
I
BASIN WIDTH 526 FT
CLASS "B" (d50 = 8")
\
EMBED CULVERT 1.0' BELOW
I
THALWEG
ELEVATION
285
285
EXISTING GRADE AT
0::1/: Ir
1
THALWEG OF CHANNEL
I 1 1 1 1 I
�i•:i:
�dr�'(
EXISTING GRADE AT
CENTERLINE OF CULVERT
I I I
I I I
1
9+00
9+50
10+00
10+50
11+00
11+50
12+00
EASTERN CULVERT DOWNSTREAM
305
305
300
300
EXISTING
GRADE
295
295
Ilk
\
84"
RCP
290
290
'
I
NOTE:
285
STREAM BED
\/
THE SLOPE OF THE PIPE IS MINIMIZED
TO REDUCE OUTFALL VELOCITY TO
285
-
MITIGATE SCOUR RISKS WHICH WILL
RESULT IN A PERCHED OUTFALL ON A
CHANNEL BRANCH THAT IS NOT
-
JURISDICTIONAL ON THE UPSTREAM
END OF THE PIPE
1 1 1 1 1 1 1 1
I
-0+50
305
0+00
0+50
1+00
EASTERN CULVERT UPSTREAM
300
295
1+50
305
n
EXISTING GRADE
\-\
84" RCP
300
295
NOTE:
NO STREAM CHANNEL
UPSTREAM OF CULVERT
290 290
-0+50
0+00
0+50
1+00
1+50
L)
0
0
Z
a
YO
z
0
0
SLOPE RIP -RAP AT 2:1 TO
EXISTING IF PLAIN END
SEE PROFILE
L
INCISE PIPE FOR AQUATIC PASSAGE
(SEE PLAN & TABLES FOR INVERT)
7
RIP -RAP LINING
SEE TABLE FOR SIZE AND DEPTH
7
28' (LENGTH OF BASIN)
DISSIPATOR POOL
(HORIZONTAL FLOOR)
PLAN
28' (LENGTH OF BASIN)
7
SEE PROFILE
21' (LENGTH OF POOL)
WATER SURFACE PROFILE
AT DESIGN FLOW
RIP RAP LINING
SEE TABLE FOR SIZE AND DEPTH
Tw (IAILWATER)
PROPOSED GRADE
hS (POOL
DEPTH)
O
— CHANNEL ELEVATION
(PIPE INCISED)
RIP RAP THICKNESS
T1=2d,, OR 1 5dMq;;
Tz=3d„ 0R 2 dmo
(SEE DIMENSION TABLE)
PROFILE
7' (LENGTH OF APRON)
END OF APRON TO CONFORM
TO EXISTING STREAM CHANNEL
(INCISE RIP -RAP TO MATCH
EXISTING CROSS-SECTION)
LEVEL
EXISTING STREAM
CHANNEL BOTTOM
GEOTEXTILE FABRIC
(NCDOT STANDARD
SPECIFICATION
SECTION 1056-TYPE 2)
RIP -RAP BASIN ENERGY DISSIPATOR
BASED ON HEC-14
NOT TO SCALE
EXISTING GRADE
RIP -RAP LINING
SEE TABLE FOR
SIZE AND DEPTH
Wo
(PIPE DIAMETER)
WATER SURFACE PROFILE (NOMINAL)
AT DESIGN FLOW
RIP -RAP LINING
SEE TABLE FOR SIZE AND DEPTH
PROPOSED GRADE
M 40
71®J-4.
i"„,**40
INCISE PIPE FOR AQUATIC PASSAGE
(SEE PLAN & TABLES FOR INVERT)
WATER SURFACE PROFILE
AT DESIGN FLOW
INVERT AT END OF PIPE
(PIPE INCISED FOR AQUATIC
PASSAGE)
2
—11
RIP -RAP LINING
SEE TABLE FOR SIZE AND DEPTH
WATER SURFACE PROFILE
AT DESIGN FLOW
GEOTEXTILE FABRIC
(NCDOT STANDARD SPECIFICATION
SECTION 1056-TYPE 2)
WATER SURFACE PROFILE
AT DESIGN FLOW
SECTION "A -A"
PIPE BEYOND
hS (POOL
DEPTH)
1�
SECTION "B-B"
SECTION "C-C"
WB (WIDTH OF BASIN)
(AT END OF APRON)
GEOTEXTILE FABRIC
(NCDOT STANDARD
SPECIFICATION
SECTION 1056-TYPE 2)
PROPOSED GRADE
RIP -RAP LINING
SEE TABLE FOR SIZE AND DEPTH
\ PIPE BEYOND
END OF APRON TO CONFORM TO EXISTING
STREAM CHANNEL (INCISE RIP -RAP TO
MATCH EXISTING CROSS-SECTION)
SECTION "D-D"
GEOTEXTILE FABRIC
(NCDOT STANDARD
SPECIFICATION
SECTION 1056-TYPE 2)
EXISTING GRADE i
PROPOSED GRADE
GEOTEXTILE FABRIC
(NCDOT STANDARD
SPECIFICATION
SECTION 1056-TYPE 2)
v
0
0
z
vo
z.�
0
47,
O
0
::WithersRavenel
Our People. Your Success.
NCDWR REQUEST FOR ADDITIONAL
INFORMATION EMAIL (7/25/2022)
Beasley, Troy
From: Homewood, Sue <sue.homewood@ncdenr.gov>
Sent: Monday, July 25, 2022 9:30 AM
To: Beasley, Troy; Norton, April R CIV USARMY CESAW (USA)
Subject: RE: [External] RE: Corps Request for Additional Information (SAW-2018-02111) Legacy Cary - Request
for Extension of Submittal Deadline
Troy,
Thank you for submitting such a comprehensive response to our requests for additional information. The detail,
including going back out to the site to re-evaluation the streams, is greatly appreciated.
I have just a couple more items:
1. Your submittal indicates that Stream 2 within the impact area is now a perennial stream, however the updated
PCN stream impact table lists it as intermittent. Just so that we don't have conflicting info in our file, would you
please update just the table and send me a corrected page.
2. Now that the impacts to Wetland E are better quantified, I'm concerned that a small area above the impacts will
become isolated such that there will be a loss of function. I propose that you include these impacts as indirect
impacts and update the application
1
accordingly.
K
i.* I..
1 II qv
- N. J '' 1l
h
WETLAND K 11. . e
i$p . Y
r -, r• , d 4`am - .,4.
1 pi
S L.
}},
Mk
6
- t...'illikeNAll
•
I - * - . -
WETLAND E
gM
f.- + y" P i
..t.. ._, . ,...,
' . 01 ..._ (
itirl
,..+.. All, "" 11 i' , ,::.
ad-
. -Am -.„...-4. Lir-:111.1a.:.!..-2.7. _ -4
ii
41
— -� * 4
Sue Homewood
Division of Water Resources,Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue.Homewood@ncdenr.gov
2