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HomeMy WebLinkAbout20221128 Ver 2_Riparian Buffer Authorization Request_20230831Original Submittal 8/31/2023 A. Owner/Applicant Information General Information Q .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Primary Contact Email-* rtrone@withersravenel.com 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:* 1 d. Telephone:* 713-243-6832 ...................................... 3. Agent Information: 3a. Name: 3b. Company Affiliation: 3c. Mailing Address: Welcome Venture Park, LLC Ted Kakambouras (for Corporations) Street Address 5858 Westheimer Road Address Line 2 Suite 800 City Houston Postal / Zip Code 77057 State / Province / Region TX Country USA le. Email Address:* takambouras@welcomegroup. com 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:* Welcome Venture Park (Subdivision, facility, or establishment name) 1b. Is this a publicly -funded transportation project?* Yes No 1d. Subdivision Name: le. Nearest Municipality: Durham, NC 1f. Property Size: 160.73 acres 1 g. County (or Counties) where the project is located:* Durham 1 h. Property ID# 084401102331 Tax PIN or Parcel id 0843095519 Tax PIN or Parcel id 1i. Deed Information ............ ...... ...... ............I.......I.............. Date of Purchase Type of Book Book# Page# I Deed Map 1 j. Attach a copy of the recorded map that indicates when the lot was last platted. Click the upload button or drag and drop files here to attach document PDF only 1 k. How would you like to provide the Latitude and Longitude information? Address Lookup Manually Latitude* 36.055084 Longitude* 11. Is the project located in any of North Carolina's twenty coastal counties?* 2. Surface Waters 2a. Name of the nearest body of water to proposed project: * Ellerbe Creek 2b. Water Quality Classification of nearest receiving water: WS-IV;NSW -78.862090 Yes No 2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,941 (linear feet only) 3. Project Description: LJ ........................................ ........... ................................... ........................................... ................................... ........................................... ........................................... ................................... ........................................... ........................................... ........................................... .............................. ................ ........ ........I............. 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 site is currently largely wooded. An existing sewer easement is present and an abandoned railroad line is located to the northwest. Land use in the vicinity is largely industrial/commercial with some residential. 3b. Attach an 8 % 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 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 PDF only 4. Proposed Activity U .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used: * The overall purpose of the Welcome Venture Park is to provide flexible space to accommodate industrial users that need office space, warehousing, and light manufacturing, particularly in the initial phase of the project. The project will consist of approximately 1,300,000 square feet of light industrial & flex space. The building spaces are designed for those needing 4,000-10,000 sf of space. The target end users are those in the Life Sciences field. The site is located within the Industrial Light and Residential zoning districts. Most of the site will be rezoned to Industrial Light when the site is annexed into the City of Durham's corporate limits. The location of the proposed project was chosen because it is located near Durham with close access to 185 and RTP. Additionally, the site allows for access to existing utilities. Existing industrial and commercial operations are operating in the immediate area. The future Northern Durham Parkway — Phase 2 will be permitted separately. Welcome Venture Park will be constructed in phases. Phase 1 is planned to be constructed immediately, with future phases constructed after Northern Durham Parkway is completed. Typical construction equipment will be utilized to complete the work. Attach a site plan as applicable to the project: Click the upload button or drag and drop files here to attach document PDF only 5. Jurisdictional Determinations C ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project (including all prior phases) in the past?* Yes No 5b. Who did the determination on the jurisdictional areas? Who did the determination? List name if known11 Date11 Attach Agent/Consultant Alyssa Ricci 09/30/2021 (Name if known) pdf only State Chris Smith 01/13/2022 (Name if known) pdf only *** Please include the date of the determination and upload a copy of the determination. Comments: WR completed a wetland delineation for the project area on 9/30/2021. WR submitted a Preliminary Jurisdictional Determination Request to the USACE on 10/25/2021 (SAW-2021-02316). USACE sent a concurrence email on 2/10/2022 confirming concurrence with the site delineation which has been provided as an attachment. S&EC conducted an onsite Threatened and Endangered Species review on October 5, 2021. NC DWR issued a Buffer Determination Letter (NBRRO #21-445) for the project dated 1/13/2022 which has also been provided as an attachment. 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 8/18/2022 10/21/2022 401 WQC and Buffer Authorization 8/18/2022 11/17/2022 404 Permit 6c. Please explain and detail according to "help file" instructions. NCDWR issued a 401 WQC and a Neuse River Buffer Authorization on 10/21/2022 which have been included as attachments. On 11/17/2022, the USACE issued a 404 Permit for the Welcome Venture Park Project which has been included as an attachment. On 5/22/2023 WR emailed revised impact maps and tables to NCDWR because buffer impacts had been reduced and a "Deemed Allowable" SCM outfall had been added. 7. Future Project Plans 7a. Is this project a phased project?* Yes No 7b. If yes, explain* Welcome Venture Park will be constructed in phases. Phase 1 is planned to be constructed immediately, with future phases constructed after Northern Durham Parkway is completed. C. Proposed Impacts Inventory Buffer Impacts Project is in which protected Basin?* Neuse River Basin (15A NCAC 02B.0233) Catawba River Basin (15A NCAC 02B.0243) Randleman Lake Watershed (15A NCAC 02B.0250) Tar -Pamlico River Basin (15A NCAC 02B.0259) Jordan Lake Watershed (15A NCAC 02B.0267) Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607) Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. -11 Site# - Reason Stream Name Buffer Impact* Impact Type Zone 1 Zone 2 B1: Non -Pere Sewer Crossing Stream 2 Permanent (P) Exempt 0.00 1,280.00 Map label (e.g. Road Crossing 1) Perm or Temp Square Feet Square Feet 132: Non-Perp Sewer Crossing Stream 2 Permanent (P) Exempt 0.00 1,394.00 Map label (e.g. Road Crossing 1) Perm or Temp Square Feet Square Feet 133: SCM 1 Outfall Stream 1 Permanent (P) Exempt 479.00 348.00 Map label (e.g. Road Crossing 1) Perm or Temp Square Feet Square Feet B4: Temporary Access Road Stream 1 Temporary (T) Allowable 2,281.00 1,533.00 Map label (e.g. Road Crossing 1) Perm or Temp Square Feet Square Feet B5: SCM 2 Outfall Stream 1 Permanent (P) Exempt 276.00 346.00 Map label (e.g. Road Crossing 1) Perm or Temp Square Feet Square Feet Total Zone 1 Impacts: 3,036.00 Total Zone 2 Impacts: 4,901.00 Total Buffer Impacts: 7,937.00 Comments: The proposed impacts are necessary for construction of a temporary perpendicular bridged crossing, SCM outfalls, and sewer crossings. Modifications from the previous submittal include changes to impacts for the temporary road crossing and the addition of SCM #2 outfall. The proposed temporary bridged road crossing is necessary to access the developable uplands in the northwestern portion of the site to source needed fill material for Phase 1. The road has been designed to cross Stream 1 perpendicularly and will span the entire stream. The only impacts associated with the bridged road crossing are temporary buffer impacts (Zone 1: 2,281 sf, Zone 2: 1,533 sf). The temporary road needs to be widened to accommodate side by side truck traffic. Impacts for two non -perpendicular sewer crossings will result in 2,674 sf of permanent Zone 2 impacts. The two non -perpendicular sewer crossings are only impacting Zone 2 and therefore are considered "Deemed Allowable" under (11)(II) in the Neuse Buffer Rules and are being included here for clarity. Two SCM outfall impacts are proposed. The outfall for SCM 1 will result in 827 sf of permanent buffer impacts (Zone 1: 479 sf; Zone 2: 348 sf). SCM 2 outfall will result in 622 sf of permanent buffer impacts (Zone 1: 276 sf; Zone 2: 346 sf). The outfall for SCM 2 is a new impact and was not included on previous submittals. The SCM outfalls meet (9)(a)(i) in the Neuse Buffer Rules and therefore are deemed allowable impacts. The outfalls are included in the attached exhibits and impact tables for reference. D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project. 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. Buffer impacts have been minimized to only those necessary for a temporary bridge to access developable uplands in the northwestern portion of the project, two sewer line impacts, and two SCM outfalls. The overall site has been designed to avoid impacts to streams, wetlands, and buffers to the greatest extent practicable. The temporary bridged stream crossing has been designed to cross Stream 1 at a perpendicular angle at a straight segment of stream channel. This crossing will span the entire stream channel and no impacts to the stream will occur. Upon completion of sewer line construction, impacts for the construction easement will be restored to pre -construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded to provide temporary stabilization until natural regeneration of native vegetation permanently stabilizes the area. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction activities and construction access occurring in high ground. E. Diffuse Flow Plan la. What type of SCM are you providing? * Level Spreader (] Vegetated Conveyance (lower SHWT) O Wetland Swale (higher SHWT) O Proposed project will not create concentrated stormwater flow through the buffer O Other SCM that removed minimum of 30% nitrogen 1 b. Describe how diffuse flow will be maintained: * The stormwater management plan for Welcome Venture development consists of seven constructed stormwater wetland SCMs which provide a minimum of 30% nitrogen removal and therefore diffuse flow is not required. The stormwater management plan will be reviewed and approved by the City of Durham as the certified municipality. SCM's will outfall through dissipater pads to prevent erosion of riparian buffers. 1 c. Diffuse Flow Documentation Click the upload button or drag and drop files here to attach document WVP_Diffuse Flow Documentation.pdf 77.21KB PDF only F. Supplementary Information Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? Yes No 2b. Is this an after -the -fact buffer authorization application? Yes No G. Additional Information Please upload any additional information you would like the Division to consider during application review. Additional Attachments: Click the upload button or drag and drop files here to attach document Cover Letter and Attachments.pdf 14.78MB PDF only Additional Comments: Please see the included Cover Letter and Attachments. H. Sign and Submit By digitally signing below, I certify that: I o I have given true, accurate, and complete information on this form; d 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:* Rick Trone Signature AN TAW Submission Date: (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 20221128 2 Chem Smith:Cherri.Smith Raleigh Regional Office - (919) 791-4200 No Payment Needed Fee Received Need Fee - send electronic notification