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Home My WebLink About20230756 Ver 1_Cover Letter and Attachments_20230525 May 25, 2023 US Army Corps of EngineersNC-Division of Water Resources Raleigh Regulatory Field Office401 & Buffer Permitting Unit USACE ReviewerMs. Stephanie Goss 3331 Heritage Trade Drive1617 Mail Service Center Suite 105Raleigh, NC 27699 Wake Forest, NC 27587 Re: The Livano Cary-NWP 29PCN Submittal Cary, WakeCounty USACE AID: SAW-2019-00071 WR Project #02180948.00 Dear Ms. Goss and USACE Reviewer, On behalf ofLIV Development, we are requesting authorization from the USACE to use NWP 29, as well as requesting a 401 WQC and a Buffer Authorization from NCDWR, for the following impactsfor construction of a mixed use multifamily development: Proposed Impact Table Impact Area FeatureType ofImpact LFSFAC StreamPermanent (Functional Loss)1451,6290.037 StreamPermanent (No Functional Loss)596450.015 StreamTemporary252340.005 Stream Totals2292,5080.057 WetlandPermanent-16,9670.390 Wetland Temporary-3,9970.092 Wetland Totals-20,9640.482 Zone 1Permanent-14,2810.327 Zone 2Permanent-10,2030.234 Buffer Totals-24,4840.561 The proposed totalpermanentimpacts to jurisdictional waters(streams/wetlands)are0.442acres (see table below) and therefore the project is eligible for authorization under NWP29. Square Impact Area Footage Type of Impact WetlandStream Permanent -0.037 ac1,629 sf (Functional Loss) Permanent -0.015 ac645 sf (No Functional Loss) Permanent0.390 ac-16,967 sf 19,241 sf Total0.390 ac0.052 ac (0.442 ac) 115 MacKenan Drive| Cary, NC 27511 t: 910.469.3340| www.withersravenel.com | License No. F-1479 Asheville | Cary | Charlotte| Greensboro| Lumberton | Pittsboro | Raleigh | Southern Pines |Wilmington The Livano Cary Cary, WakeCo. NWP 29PCN Submittal The proposed project consists of the construction ofa mixed-useand multi-familydevelopment and associated infrastructure (roads, parking, sidewalks, greenway, amenities, utilities, stormwater management, etc.).The project is proposed to be constructed in two phases. No impacts are anticipated for the future phase of the project. The proposedLivano Cary developmentconsists of a±23.75-acreparcel (PIN:0772497496) located at the intersection of Piney Plains Road and Dillard Drive, CaryWakeCounty(Lat: 35.755070°N; -78.748185°W). The project is inthe NeuseRiver basin(HUC: 03020201) and onsite waters drain toSpeight Branch. The Water Quality Classification for SpeightBranchis: Class WS-IIIand the Stream Index Number is: 27-43-3.5 Proposed Project The purpose of the proposed project is toconstruct a mixed-usemultifamily developmentto meet the existing and growing demand for residential housing in WakeCounty. 280multi-familyunits are proposed that featureinternal office spaceand amenities. A future phase of the project will include an office building. The project consists of the construction of the following: 280multi-familyunits Minimum of 20,000 sf of office spaceat full build out Construction of infrastructure (roads, greenways,amenities,utilities, stormwater management, etc.) The site design proposes one road crossing and one greenway crossing. The proposed Tryon Manor Drive extensionrequires the crossing of Stream 1.The greenway is proposed to cross Stream 1which bisects the siteand will provide pedestrian and bicycle access from theproject to the existing sidewalks along Dillard Drive and Pine Plains Road.An impact to Zone 2 buffers is also proposed for a SCM outlet to Wetland A.No impacts are anticipated for the second phase of the project. Project History WR delineated the project site in October 2018. NC DWR issued a Riparian Buffer Determination Letter (NBRRO #19-004) on 1/15/2019which has been provided as an attachment. The USACE issued a Preliminary Jurisdictional Determination on 2/22/2019which has been provided as an attachment. Proposed Impacts One road crossing is proposed for the Tryon Manor Drive Extension to connect the site to the existing Tryon Manor Drive stub. Tryon Manor Drive is a required 70’ right of way road extension by the Town of Cary per theirtransportation plan; this was an agreement from the developer as part of the rezoning process for the development. Both NCDOT and the Town of Cary were involved in consideration of the connection to Dillard Drive and determined the proposedwas the best routing, given NCDOT’s future changes to Dillard Drive. Page 2 of 5 The Livano Cary Cary, WakeCo. NWP 29PCN Submittal Toconstruct the proposed Tryon Manor Drive extension and provide appropriate access to the proposed project it is necessary to cross Stream 1 with two 118.25’ RCBC culverts. Stream 1 is a perennial stream flanked along its length by wetlands(Wetland A). The road extension proposes 145 lf (0.037ac) of permanent functional loss stream impacts(ImpactsS1& S4). 59lf (0.015 acres) of permanent no functional loss stream impacts are proposed for installation of necessary rip rap (Impact S2). Temporary stream impacts(Impact S3)are necessary to install the culvert and total 25 lf (0.005 ac). As wetlands(Wetland A)flank Stream 1 along its length, wetland impacts are proposed for the Tryon Manor Drive extension crossing. 0.390 acres of permanent wetland impacts(Impacts W1, W2 & W5)are proposed for the crossing,along with 0.092 acres of temporary wetland impacts (Impacts W3 & W4)necessary for the installation of retaining walls. The perpendicular crossing of Stream 1 to construct the road extension will result in impacts to riparian buffers(Impact B4). A total of 19,160 sf (Zone 1: 12,362 sf; Zone 2: 6,798 sf) of buffer impactsare proposed. The construction of apedestrian bridge and boardwalk necessary to cross Wetland A and Stream 1 will result in 0.044 acres of temporary wetland impacts for bridge construction(Impact W6). The bridge will be a glued laminated timber bridge (Glulam) which will span Stream 1 and no stream impacts are proposed. To cross Stream 1 perpendicularly, impacts to the riparian buffer for the greenway are necessary(Impacts B1, B2& B3). Buffer impacts for the greenway crossing consist of 2,968 sf (Zone 1: 1,919 sf; Zone 2: 1,049 sf). Necessary grading is proposed in Zone 2 for the greenway trail totaling 2,084 sf. Lastly, a Zone 2 buffer impact of 272 sf is proposed for the SCM 2 outfall at Wetland A(Impact B5). Avoidance and Minimization 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 permanent impacts for construction of the developmenthave been minimized to only those necessary for construction of the Tryon Manor Drive extension, greenway, and one SCM outfall.There are no impacts proposed for construction lots, infrastructure. Impacts from stormwater managementwere minimized to the one SCM outfall. The site was designed around jurisdictional waters to the greatest extent practical. Stream 1 and adjacent wetlands bisect the site across its entire width, making avoidance impossible. Tryon Manor Drive is a required road extension by the Town of Cary per their transportation plan; this was an agreement from the developer as part of the rezoning process for the development. Both NCDOT and the Town of Cary were involved in consideration of the connection to Dillard Drive and determined this was the best routing, given NCDOT’s future changes to Dillard Drive. Impacts to the stream, wetland, and buffers were minimized by crossing at the narrowest practical pointin thestream and wetland complex while maintaining the desired alignment. Riprapbelow the culvert is necessary becausethecontributing drainage area is more than 115 acres to the roadway culvert pipes and the riprap basin is needed to reduce outflow energy and to helpprotect the downstreamstream channel from erosion. The riprap basin allows this function to be performed in a relatively small footprint compared to a flat apron while still being readily maintained to continue to serve its purpose well after construction. The footprint is necessarily Page 3 of 5 The Livano Cary Cary, WakeCo. NWP 29PCN Submittal wide to address the flows from multiple barrels required to carry the drainage under the roadway. The riprap basin was designed per FHWA guidelines.Culvert 1 will carry baseflow andCulvert2 is designed only for flood flows. Please see attached Culvert Plan and Profile for culvert inverts. To reduce the fill slope at the crossing, retaining walls are proposed on each side of the crossing to stabilize road fill and minimize impacts. The greenway crossing will utilize a timber boardwalk across the wetland to avoid permanent wetland impacts. A Glulam bridge is proposed to span the stream, avoiding all stream impacts at the crossing. Stream and wetland impacts were further minimized by crossing perpendicularly. To maintain the desired greenway alignment, some grading was necessary. Grading for the greenway has been minimized to only three areas of the outer limits of Zone 2. Access during construction will occur within the uplandswhere possible. Additionally, sediment and erosion control measures will be installed prior to construction. Mitigation Stream Mitigation The proposed project will result in 145 linear feeta(0.037 ac) of permanent stream impacts requiring mitigation. The applicant proposes to mitigate the stream impacts at a 2:1 ratio resulting in 290 lf of stream mitigation. A Statement of Availability from RES for 290 stream credits has been included as an attachment. Wetland Mitigation The project proposes 0.390 acres of permanent wetland impacts requiring mitigation. The applicant proposes to mitigate the wetlandsimpacts at a 2:1 ratio resulting in 0.78acresof wetland mitigation. A Statement of Availability from RES for 0.78 acres of wetland creditshas been included as an attachment. Buffer Mitigation The project requires mitigation for the Tryon Manor Drive Extension crossing of Stream 1 due to buffer impacts greater than one third of an acre. The applicant proposes to mitigate the road crossing bufferimpacts at a 3:1 ratio for Zone 1 impacts and a 1.5:1 ratio for Zone 2 impacts resulting in a total of 47,283 sf of buffer mitigation. A Statement of Availability from RES for 47,283 sfofbuffer credits has been included as an attachment. Stormwater Management Plan The stormwater management plan consists ofunderground storage vaults to manage peak flows and underground sand filters to manage nutrient load. The Stormwater Management Plan will be approved by theTown of Cary asthe certified municipality. Page 4 of 5 The Livano Cary Cary, WakeCo. NWP 29PCN Submittal Please feel free to call if you have questions or require additional informationto complete your review. Sincerely, WithersRavenel Rick Trone Environmental Scientist Attachments: PCN Form Agent Authorization Form NCDWR Pre-Filing Meeting Request Aerial Exhibit USGS Quads WakeCounty Soil Survey Approved Delineation Exhibit NDWR Buffer Determination Letter USACE Preliminary Jurisdictional Exhibit NCNHP Project Review Letter USFWS IPaC Species List RESStatementsof Availability for Stream, Wetland, and BufferMitigation Impact Exhibits Bypass Plan and Culvert Plan and Profile Overall Buildout Site Plan Page 5 of 5 WithersRavenel Our People. Your Success. AGENT AUTHORIZATION WithersRavenel Our People. Your Success. NCDWR PRE-FILING MEETING REQUEST From:Trone, Rick To:401PreFile@ncdenr.gov Subject:The Livano Cary Request for Pre Filing Meeting (WR#02180948) Date:Monday, July 18, 2022 4:16:00 PM On behalf of Liv Development, we are requesting a Pre-filing meeting for the following project: Project Name: The Livano Cary County: Wake Applicant Name: Liv Development Applicant Email: andrew@livdev.com Thanks, Rick Trone 115 MacKenan Drive | Cary, NC 27511 Office: 919.469.3340 | Direct: 919.538.8184 rtrone@withersravenel.com CONFIDENTIALITY AND NONDISCLOSURE WithersRavenel Our People. Your Success. WithersRavenel Our People. Your Success. USGS QUADS WithersRavenel Our People. Your Success. COUNTY SOIL SURVEY WithersRavenel Our People. Your Success. DELINEATION WithersRavenel Our People. Your Success. NCDWR BUFFER DETERMINATION LETTER WithersRavenel Our People. Your Success. USACE PJD "may be" "may be" WithersRavenel Our People. Your Success. NCNHP PROJECT REVIEW LETTER WithersRavenel Our People. Your Success. USFWS IPaC SPECIES LIST WithersRavenel Our People. Your Success. STATEMENT OF AVAILABILITY FOR STREAM WETLAND MITIGATION EBX-Neuse I, LLCStream and Wetland Banks Statement of Availability May 15, 2023 U.S. Army Corps of Engineers Chris Hopper (or assigned) Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project:The Livano Cary This document confirms that Piney Plains Residences, LLC(Applicant) for the The Livano Cary (Project) has expressed an interest to utilize 290.00StreamMitigation Credits fromtheEBX-Neuse sponsored Neu-Con Wetland&Stream Umbrella MitigationBank,specifically290.00 streamcredits from the BucherSite, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, atteststo the fact that mitigation is availablefor reservation at this time. Thesemitigation creditsarenotconsidered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuanceof aMitigation Credit Transfer Certificateby the bank acknowledging that the Applicanthas fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificatewithin three (3) days of receiptof the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificateand a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resourcetype securedby theapplicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need tobeanswered, please contact meat919-209-1055or astaley@res.us. BestRegards, Amy Staley Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 EBX-Neuse I, LLCStream and Wetland Banks Statement of Availability May 15,2023 U.S. Army Corps of Engineers Chris Hopper(or assigned) Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: The Livano Cary This document confirms that Piney Plains Residences, LLC(Applicant) for the The Livano Cary (Project) has expressed an interest to utilize 0.78Riparian WetlandMitigation Credits fromtheEBX- Neuse sponsored Neu-Con Wetland &Stream Umbrella MitigationBank,specifically0.78wetland creditsfrom the Arrington BridgeIIISite, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, atteststo the fact that mitigation isavailablefor reservation at this time. Thesemitigationcreditsare not considered secured, andconsequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuanceof aMitigation Credit Transfer Certificateby the bankacknowledging thatthe Applicanthas fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificatewithin three (3) days ofreceipt of the purchase price.Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificateand a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating thepermit number and the resource typesecured by theapplicant. Acopy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need tobeanswered, please contact meat 919-209-1055or astaley@res.us. Best Regards, Amy Staley Credit Sales Manager Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 EBX Buffer Mitigation Banks Statement of Availability May 16,2023 NC Division of Water Resources Zachary Thomas 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: The Livano Cary Thisdocument confirmsthat Piney Plains Residences, LLC(Applicant) for the The Livano Cary(Project) has expressed an interest to utilize 47,283.00Square Feet of Riparian Buffer MitigationCredits from oneof the following banks, EBX- Neuse I, LLCNeuseRiparian Buffer UmbrellaMitigationBank,RES NeuseBuffer and Nutrient Offset Umbrella Mitigation Bank,RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank,RES 2021 Neuse Umbrella Mitigation Bank, orRES2022 Phase IIUmbrella Mitigation Bank. Specific bank sitesthat may bedebited areBuffalo Branch, Selma Mill,Cedar Grove, Hatley,Bucher, Hannah Bridge, Stone Creek, Meadow Spring,Uzzle,Poplar Creek, Polecat, Wolf King, ThunderSwamp, and Caraway Bluff, all located in HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLCandEBX,atteststo the fact thatmitigationisavailable for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to beusedfor alternate purposes by the Bank Sponsor, until payment in full is receivedfromthe Applicant resulting in the issuance of a Mitigation Credit TransferCertificateby the bank acknowledging that the Applicant has fully secured creditsfrom the bank andthe Banker has accepted full responsibility for the mitigation obligationrequiringthecredits/units. The Bankerwillissue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide toApplicant acopy of the Mitigation Credit Transfer Certificateand a documented copy ofthe debit of credits fromtheBankOfficialCredit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation CreditTransferCertificate, with an updated Official Credit Ledger will also be sent to regulatoryagencies showingthe properdocumentation. Please contact me at 919-209-1055or astaley@res.usifyou have any questions. Thank you! Amy Staley CreditSales Manager Bank Sponsor–EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX) WithersRavenel Our People. Your Success. IMPACT EXHIBITS WithersRavenel Our People. Your Success. BYPASS PLAN ANDCULVERT PLAN AND PROFILE WithersRavenel Our People. Your Success.