20220684 Ver 2_Riparian Buffer Authorization Request_20230517

Original Submittal 5/17/2023
A. Owner/Applicant Information
General Information Q
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Primary Contact Email: * [e-mail]
Please list the contact person's email for questions or payment on this project if needed.
Who is submitting the application?* ❑ Owner
❑ Applicant other than Owner
p Agent
1. Property Owner Information:
1a. Name on Recorded Deed:*
1b. Responsible Party:
1c. Mailing Address:*
The Charles on Charles, LLC
Watson G. Caviness
(for Corporations)
Street Address
639 Executive Place
Address Line 2
Suite 400
City
Fayetteville
Postal / Zip Code
28305-5488
State / Province / Region
NC
Country
us
1e. Email Address:* [e-mail]
1 d. Telephone:* 9104810503 m
......................................
3. Agent Information:
3a. Name:
3b. Company Affiliation
3c. Mailing Address: Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3d. Telephone: 3e. Email Address:
3f. Attach a signed and dated copy of the agent Click the upload button or drag and drop files here to attach document
authorization form. PDF only
B. Project Information and Prior Project History

1. Project Information 0
1a. Name of Project:* The Charles
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
Yes
No
1d. Subdivision Name: N/A
le. Nearest Municipality: City of Greenville
1f. Property Size: 23.80
acres
1 g. County (or Counties) where the project is located:*
Pitt
1 h. Property ID#
87744
Tax PIN or Parcel id
Date of Purchase
3/3/2022
1i. Deed Information
Type of Book F
Book# Page#
Deed F
62-65
Map 87 136-137
1 j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach document
21-027 - Caviness Land Development - Charles Blvd
1.58MB
Recorded Boundary Survey.pdf
PDF only
1 k. How would you like to provide the Latitude and Longitude information?
Address Lookup
Manually
Latitude* 35.571018 Longitude*
11. Is the project located in any of North Carolina's twenty coastal counties?*
2. Surface Waters
-77.352415
Yes
No
2a. Name of the nearest body of water to proposed project: * Meeting House Branch
2b. Water Quality Classification of nearest receiving water: C;NSW
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,572
(linear feet only)
3. Project Description:

3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:
The project site is located at the intersection of NC Hwy 43 — Charles Boulevard and Tara Court in Greenville Township, Pitt County,
North Carolina. The project site is primarily being used for agricultural purposes to cultivate straight rows of crops. Non -cultivated
portions of the project site consist of woods. The project site has flat to average slopes with the existing grades ranging between 0%
and 4%. Existing surface drainage from the project site sheet flows primarily southeast towards South Prong of Meeting House
Branch, which is located along southern property line. This collected runoff flows east towards Meeting House Branch and is then
conveyed further east towards Tar River by Hardee Creek.
The project site is bounded on the north by single-family residential and agricultural, bounded on the east by agricultural, bounded on
the south by South Prong of Meetinghouse Branch and bounded on the west by NC Hwy 43 — Charles Boulevard. The soils at the
project site are a sandy loam variety with the proper soil names being Coxville fine sandy loam (Co), Exum fine sandy loam (ExB),
Lynchburg fine sandy loam (Ly), Norfolk sandy loam (NrA), Ocilla loamy fine sand (OcB), and Rains fine sandy loam (Ra).This project
site is shown on Map No. 50a of the Pitt County Soil Survey.
3b. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
Click the upload button or drag and drop files here to attach document
21-027 - The Charles - USGS Map Project
207.14KB
Location.pdf
PDF only
3c. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site.
Click the upload button or drag and drop files here to attach document
21-027 - The Charles -- Pitt County Soils Map Project
272.75KB
Location.pdf
PDF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:
The project site area (tract) consists of 23.797 ac, of which 0.521 ac will be dedicated to a proposed public street (Pattison Court).
The remaining 23.276 acres will be developed as a residential multi -family apartment complex. The purpose of this project is to build
proposed public street (Pattison Court), construct (11) multi -family apartment buildings for a total of (48) 1-bedroom units, (234) 2-
bedroom units, and (48) 3-bedroom units, and to construct amenities such as clubhouse, pool house, etc. In addition, associated
storm drainage system and utilities to serve the proposed development will be installed. It is anticipated that all conventional types of
earth -moving equipment will be used during the construction of this project.
Attach a site plan as applicable to the project:
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21-027 - The Charles - Site Development Plans.pdf 61.37MB
PDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project
(including all prior phases) in the past?*
5b. Who did the determination on the jurisdictional areas?
Who did the determination? I List name if known I Date Attach
(I

State
Chris Pullinger
(Name if known)
08/02/2021
Signed_2016-0858 v3
1.72M6
Charles Boulevard Tract -
(Pitt Co. -TP-2-EXPRESS)
20210824. pdf
Charles_401 Staff Letter.pdf
384.14K6
The Charles; Pitt
16.28KB
County.msg Email from Kim
Williams of Land
Management Group.pdf
pdf only
Corps
Emily B. Thompson
(Name if known)
07/01/2022
SAW-2016 01755
901.81 KB
NWP29.pdf
2021NWP29 Residential
457.71KB
Developments. pdf
The Charles; Pitt
16.28KB
County.msg Email from Kim
Williams of Land
Management Group.pdf
pdf only
Agent/Consultant
Paul Farley
(Name if known)
01/31/2022
Charles blvd_preliminary 1.66M6
sketch.pdf
pdf only
*** Please include the date of the determination and upload a copy of the determination.
Comments:
NC DWR's Chris Pullinger has determined that majority of South Prong of Meeting House Branch was an intermittent stream subject
to Tar -Pamlico Rule 15A NCAC 02B .0734. See attached NC DWR's On -Site Determination Project #2016-0858 v3 letter dated
August 24th, 2021. Land Management Group's Paul Farley performed site investigation and determined that the project had 1572
linear feet of buffered stream US Waters and 1318 linear feet of non -stream US Waters. See attached Land Management Group's
404/401 Preliminary Sketch titled "Charles Blvd Tract, Pitt County, NC", dated January 31st, 2022. U.S.A.C.O.E.'s Emily Thompson,
concurred with Paul Farley's delineation. See attached U.S. Army Corps of Engineers General Permit (Regional and Nationwide)
Verification letter (Action Id. SAW-2016-01755) dated July 1 st, 2022.
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?
Yes
No
6b. List any permits/approvals that have been requested or obtained for this project in the past.
Application Date Date Issued Permit Type
8
5/10/2022
7/1/2022
Nationwide Permit 29 - Residential
Developments (Action Id. SAW-2016-
01755)
5/10/2022 7/5/2022 11 Staff Report/Decision Letter (ID# 20220684)

6c. Please explain and detail according to "help file" instructions.
A PCN application has been submitted last year for the proposed impacts that are expected to be generated by this project. U.S.
Army Corps of Engineers issued Nationwide Permit 29 - Residential Developments (U.S.A.C.O.E. Action Id. SAW-2016-01755),
which authorizes the discharge of fill material within 0.049 acres of ditches (open waters) and temporary impacts to 30 LF of stream
for sewer line installation associated with the proposed residential multi -family development. NC DWR staff report/decision letter (NC
DWR ID# 20220684) confirmed that no permit is required from NC DWR for the proposed impacts listed in U.S.A.C.O.E.' for the
Charles project for the requested proposed impacts.
Erosion and Sedimentation Control Plan, Stormwater Management Plan, and Site Development Plans have been submitted to City of
Greenville for review and approval. All (3) plan approvals are contingent on NC DWR's buffer authorization for the proposed new
storm drainage outfall from the proposed stormwater wetland as shown on the site development plans. Hence, this is the reason
behind requested permitting action of this application.
7. Future Project Plans
7a. Is this project a phased project?* OO Yes
O No
7b. If yes, explain*
This project is "phased" in a sense that not all (11) apartment buildings will be built at one time. The developer intends to build
apartment buildings in clusters of (3) to (4) buildings at a time. The income generated by renting out apartments in newly constructed
buildings will then be used to finance the construction of the next (3) or (4) buildings and so on. The developer expects (3) phases to
this project over the course of two years and will be applying for final certificates of occupancy for (3) or (4) buildings at a time at the
tail end of each phase of the project. Therefore, there is possibility of a 2 to 3 month gaps between the construction of phases 1 and 2
as well as the construction of phases 2 and 3.
The purpose of this application is to obtain buffer authorization for new storm drainage outfall from the proposed stormwater wetland
as shown on the site development plans. Stormwater wetland will be constructed at the beginning of the project to serve as a
temporary skimmer sediment basin for erosion and sedimentation control purposes. The temporary skimmer sediment basin will then
be later converted to a fully functional stormwater wetland capable of runoff treatment and peak flow control prior to the certificates of
occupancy being issued for the first (3) or (4) buildings.
C. Proposed Impacts Inventory
Buffer Impacts
Project is in which protected Basin?*
Neuse River Basin (15A NCAC 02B.0233)
O Catawba River Basin (15A NCAC 02B.0243)
Q Randleman Lake Watershed (15A NCAC 026.0250)
Q Tar -Pamlico River Basin (15A NCAC 02B.0259)
0 Jordan Lake Watershed (15A NCAC 026.0267)
0 Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 026.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason Stream Name Buffer Impact* Impact Type Zone 1 Zone 2
B1 - New Drainage
Unnamed tributary
Permanent (P)
Allowable
330.00
0.00
Conveyance
to Meeting House
Perm or Temp
Square Feet
Square Feet
Map label (e.g. Road Crossing 1)
Branch
B2 - Grading
Unnamed tributary
Temporary (T)
Exempt
870.00
Square Feet
Map label (e.g. Road Crossing 1)
to Meeting House
Perm or Temp
Square Feet
Branch
B3 - New Drainage
Unnamed Tributary
Permanent (P)
Allowable
0.00
120.00
Conveyance
to Meeting House
Perm or Temp
Square Feet
Square Feet
Map label (e.g. Road Crossing 1)
Branch

B4 - Grading
Unnamed Tributary
Temporary (T)
Exempt
0.00
680.00
Map label (e.g. Road Crossing 1)
to Meeting House
Perm or Temp
Square Feet
Square Feet
Branch
Total Zone 1 Impacts: 1,200.00
Total Zone 2 Impacts: 800.00
Total Buffer Impacts: 2,000.00
Comments:
The entire project site's existing surface drainage sheets south and east toward an unnamed tributary to Meeting House Branch,
which is consistent with the natural topography of the overall drainage basin in the immediate vicinity of the project site. The runoff
from this property is collected by unnamed tributary to Meeting House Branch. This collected runoff then flows southeast until it is
picked up by the Main Meeting House Branch. The runoff from the Main Meeting House Branch is then conveyed by Hardee Creek
further east until this runoff ultimately ends up in the Tar River. Due to the natural topography of the project site, it is not feasible to
discharge runoff elsewhere and avoid proposed impacts entirely because most of the property's southern property line is located
along the center line of unnamed tributary to Meeting House Branch.
To mitigate adverse effects of the increased built upon area due to the proposed development, a stormwater wetland capable of
reducing nitrogen and phosphorus export rates by 44% and 40%, respectively, will be installed. This proposed stormwater control
measure was also designed to reduce post -development peak flow rate below that of pre -development peak flow rate for 1-year
through 25-year 24-hour storm events, thus satisfying all City of Greenville Stormwater Management and Control Ordinance
treatment and attenuation requirements. The proposed stormwater wetland also meets NCDEQ's Minimum Design Criteria.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.
In order to minimize proposed impacts as much as possible, only one SCM was designed and placed at the downstream end of the
property. This resulted in the overall minimum impact area compared to using two smaller SCMs, for example, each of which would
have had associated impact. The chosen location at the very downstream end of the property results in the proposed SCM being out
of sight of the adjacent properties to the south across unnamed tributary to Meeting House Branch. In addition, the new drainage
conveyance is perpendicular to existing contours at the selected location and connects to unnamed tributary to Meeting House
Branch at approximately ninety degrees.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction limits will be precisely located in the field by the surveyor during construction staking process in order to avoid any
unnecessary impacts besides the ones shown on the site development plans. Silt fences will be placed along the line dividing riparian
buffer into zone 1 and zone 2 in order to prevent any accidental grading within zone 1. Pre -construction conference will be held with
the contractor to go over and stress the importance of minimizing the time it takes to install new storm drainage conveyance,
immediate stabilization of impacted zone 1 and zone 2 areas, and potential fines/liquidated damages if the contractual obligations
relating to these critical environmentally sensitive areas are not being adhered to.
E. Diffuse Flow Plan
la. What type of SCM are you providing? *
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Proposed project will not create concentrated stormwater flow through the buffer
Other SCM that removed minimum of 30% nitrogen
1b. Describe how diffuse flow will be maintained: *
The project's runoff will be treated by the proposed stormwater wetland, which is capable of reducing nitrogen export rate by 44% and
phosphorus export rate by 40%.

1c. Diffuse Flow Documentation
F. Supplementary Information
Environmental Documentation
Click the upload button or drag and drop files here to attach document
21-027 - The Charles - Stormwater Management
3.14MB
Plan.pdf
21-027 - The Charles - COG Nutrient Reducing BMP
124.41 KB
Agreement - Signed by Owner Only.pdf
21-027 - The Charles - Drainage Area Map.pdf 5.2MB
21-027 - The Charles - NCDEQ Stormwater Wetland
416.56KB
Supplement Form.pdf
PDF only
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface
Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
Yes
No
2b. Is this an after -the -fact buffer authorization application?
Yes
No
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments:
Additional Comments:
H. Sign and Submit
By digitally signing below, I certify that:
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PDF only
I
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions
Act')
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act');
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit the application form."
Print Name:* Igor Palyvoda
Signature
Submission Date: 05/17/2023
(Auto populated field)

Initial Review
Is this accepted into the review process?*
Is this project a public transportation project?*
ID#*
Version:
Select Reviewer:
Select Reviewing Office*
Has payment been received?*
Yes No
Yes
No
20220684
Robert Tankard:[e-mail]
Washington Regional Office - [phone]
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Fee Received
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