HomeMy WebLinkAbout20000783 Ver 4_401 Application_201511171"
J
MCADAMS
LETTER OF TRANSMITTAL
To: Ms. Karen Hiaains
NCDWR - 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, North Carolina 27604
Re: Traditions
Neuse Buffer Authorization
I am sending you the following item(s):
Date: November 16, 2015
" HAND DELIVER '"
Job No.: JPM -15020
COPIES
DATE
NO.
DESCRIPTION
1
Neuse Buffer Authorization Package
1
Digital Copy
These are transmitted as checked below:
❑ As requested
❑ For approval
❑ For your use "v _'3/ V4
Copy to:
Signed:
Kelly Roth
Environmental Consultant
Raleigh- Durham Charlotte
2905 Meridian Parkway 11301 Carmel Commons Blvd., Suite 111
Durham, North Carolina 27713 Charlotte, North Carolina
(919) 361 -5000 (704) 527 -0800
Designing Tomorrow's Infrastructure & Communities
McAdlamsCo.com
The John R. McAdams
Company, Inc.
Raleigh / Durham, NC
2905 Meridian Parkway
Durham, North Carolina 27713
(919) 361 -5000
Charlotte, NC
11301 Carmel Commons Blvd,
Suite 111
Charlotte North Carolina 28226
(704) 527 -0800
J McADAMS
November 13, 2015
Ms. Karen Higgins
NC DWR, 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
Re: Neuse Buffer Authorization
Traditions
Wake Forest, Wake County, North Carolina
JPM -15020
Dear Ms. Higgins:
On behalf of JMP South Development, we are applying for a Neuse Buffer
Authorization associated with a project known as Traditions. The proposed
project will result in impacts to the riparian buffer associated with four
proposed stormwater outfalls and grading associated with stormwater
management facility improvements. The subject property is located within the
existing Traditions s/d (Phase I) along Wildflower Ridge Road between
Traditions Grande Boulevard and E. Juniper Avenue in Wake Forest, North
Carolina. The project lies within the Neuse River Basin. The following
attachments are included as part of this permit application:
• Signed Agent Authorization Form
• Fig. 1.0 - USGS Quad — Rolesville
• Fig. 2.0 - Wake County Soil Survey (Sheet: 11)
• Fig. 3.1 - Existing Conditions
• Fig. 3.2 - Existing Conditions with Aerial
• Fig. 4.1 - Overall Buffer Impact Map (Overall Site Plan)
• Insets #1 -4 (Buffer Impact Maps)
• Riparian Buffer Authorization Form
• USACE Section 404 permit (AID# SAW- 2009 - 02330)
• USACE Jurisdictional Determination (AID# 20080043)
• Neuse Riparian Buffer Determination (NBRRO# 14 -168)
Mcadamsco.com Designing Tomorrow's Infrastructure & Communities
I McADAMS
Ms. Karen Higgins
Traditions
November 13, 2015
Page 2 of 4
PROJECT LOCATION: The subject property (PINS: 1840999348,
1850097427, 59156595, 59415799, 59416719, 59410210, 1851124128,
1851015514, 1851027431, 1851011681) is located within the existing
Traditions s/d (Phase I) along Wildflower Ridge Road between Traditions
Grande Boulevard and E. Juniper Avenue, within the Town of Wake Forest,
and within the Neuse River basin. The subject property is 113.5 acres, and is
currently owned by WS -TWF Development, LLC (Figures 1 -3).
PROPOSED PROJECT: The proposed project consists of stormwater
management infrastructure improvements and associated grading within an
existing single - family residential development.
PROPOSED IMPACTS: Four stormwater outfalls are proposed to discharge
through the buffer to Stream "N" (Hatteras Branch), and will necessitate Neuse
Buffer impacts to Zones 1 and 2. Additionally, grading associated with the
proposed stormwater management improvements will result in impacts to Zone
2. The Zone 1 buffer impacts will total 2,836 sf (0.065 acre), and the Zone 2
buffer impacts will total 4,655 sf (0.107 acres) for the stormwater outfalls. Zone
2 buffer impacts for the grading will total 1,511 sf (0.0.35 acres). Traditional
equipment will be used consisting of front -end loaders, bulldozers, graders, and
earth movers
JPM -15020
McADAM-S
Ms. Karen Higgins
Traditions
November 13, 2015
Page 3 of 4
TOTAL RIPARIAN BUFFER IMPACTS:
Impact Location
Impact Type
Impacts (square feet)
Zone 1 / Zone 2
Inset 1 (perm)
Stormwater outfall
582
1,444
Inset 1 (perm)
Grading
0
686
Inset 2 (perm)
Stormwater outfall
728
2,131
Inset 2 (perm)
Grading
0
825
Inset 3 (perm)
Stormwater outfall
878
538
Inset 3 (perm)
Stormwater outfall
648
542
TOTALS
Total Zone 1 Impacts: 2,836 sf
Total Zone 2 Impacts: 6,166 sf
Note: All Uses are Deemed Allowable within, the Neuse River Riparian Buffer Rules Table of
Uses.
AVOIDANCE and MINIMIZATION: Impacts to jurisdictional streams and
wetlands have been entirely avoided for these proposed stormwater facility
improvements; however, due to required infrastructure improvements, there are
proposed buffer impacts. The buffer impacts total 2,836 sf (0.065 acre) in Zone
1 and 6,166 sf (0.142 acre) in Zone 2. These impacts are due to the need for
four stormwater outfalls that will discharge through the buffer to Stream `N'
(Hatteras Branch). The location of the proposed stormwater outfalls are located
such that they will not impact any streams or wetlands. Buffer impacts were
minimized by designing the outfalls to intersect the buffer at a perpendicular
angle.
DIFFUSE FLOW: Since the proposed project is located with the Neuse River
Basin, it is subject to the diffuse flow requirements. There was a level spreader
constructed with the original stormwater management facility to diffuse storm
flows from the proposed project.
JPM -15020
'J
M-c.AIDAMS
Ms. Karen Higgins
Traditions
November 13, 2015
Page 4 of 4
Consideration of this project is greatly appreciated. If you should have any
questions or require additional information, please do not hesitate to contact
me at (919) 287 -0716.
Sincerely,
The John R. McAdams Company, Inc.
Kel y Rot
Environmental Consultant
Attachments: Listed above
JPM -15020
11"
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Property Owner
Name: John P. Myers, JPM South Development
Address: 9380 Falls ofNeuse Road, Suite 203, Raleigh, NC 27615
Phone: 919 -518 -9210
Project Name /Description: Traditions
Project Number: JPM -15020 Project Manager: Kevin Yates
Date: 11/12/2015
U.S. Army Corps of Engineers
Attn: James Lastinger
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as
my agent in the processing of permit applications, to furnish upon request supplemental
information in support of applications, etc. from this day forward.
1, the undersigned, a duly authorized owner of record of the property /properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on -site investigation
and issuing a determination associated with Water of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of
1899.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only
for government officials to enter the property when accompanied by The John R.
McAdams Company, Inc. staff.
John P. Meyers I
t
Print Property Owner Signature f
Raleigh- Durham Charlotte
2905 Meridian Parkway 11301 Carmel Commons Blvd., Suite 111
Durham, North Carolina 27713 Charlotte, North Carolina
(919) 361 -5000 (704) 527 -0800
Designing Tomorrow's Infrastructure & Communities
McAdamsCo.com
OTIMA
NC®ENR
North Carolina, Department of Environment and, Natural •Resources ' , '
-Pat - MCCrory- r John E. Skvarla, III, ,
Gover,iior Secretary -
May23,,2014
Bob ZArzecki
Soil & EdVirdnmental Consultants
8412 Faffi,of'Neuse Road, Ste. 104
Rkleigh,,NC 27615'
Subject: Surface Water Determination Letter '
NBRRO# 14 =•1 -68
Wake,County
Determination Type
Buffer Call ,•
Isolated ,-or -EIP Call
® Neuse (15A NCAC 2B '0233)
'
Tar- Ramhco,('15A`NCAC °2B :0259) 1
[1 Ephemeralllntermitterit /Perennial',Determination._
USGS,
isolated'Wetland'Det&minatio-
❑- Jordan (1,5A NCAC 2B .0267)
Subject
,Project•Name: ,Traditions SF -'3
Locafion/Directions: 'Subject property is currently, undeveloped, open space.
Subject Stream: Hatters Branch u
Determination'' Date: May 23;'2014 Staff: Cher -ri Smitli a
gireamx ;
=E/UR **
T Not
'Subject.
Start@
Stop@
Soil ;,
USGS,
Subject
Sarve •
To- o.
-BB =
X d
I DWQ71a
X
*All sreams nsite were previously iT is ated for subjectivity to the, Neuse RiparianBuffers =( #2000= 0783). This,
evaluation was'sdlely to determine the origin point jorkream.BB.
*E /UP = Ephemeral /Interm:ttent/Perennial .
'Explanation: The,feafure(s) listed;abovihas or have,heen'located on.the Soil Survey of Wake C:otinty; North
Carolina or the most recent copy of -the USGS Topographi6map•at,a 1:24000,scale;•Each feature that:is,checked ;
"Not Subject"'has been determined not to be]a stream or is-Inot,present on•the property. Features tliat'are•checked
"Subject "' have been ibcated on the,properiy and possess characteristics that.qualify'ii to be a stream: There•may'be•_
'otherIstteams •located,on your,property that do not show up on the'maps-referenced above 6ut,,still,m4y be '
'considered jtirisdicfiorial according, to the US Army 'Corps,of,Engineers,and %or,,to theDivision,of Water'Resources
(DW,g).
This.on- site•determination shall eipire,five,(5) years from the•dafe.of thisJetter. Landowners,or,affected parties,that;
dispute.a,determination made 6y`,jthe DWR or Delegated ,LocalAuthoflfy`mayvrequest a deterniinalh p'by ttie
North Carolina !Division of Water- Resources 1628`Mad'Service,Center Raleigh,-NC•27699 =1628 Phone (919) 7,914200, -
internef www ncwaierauality oro #Locatioh _3800 Barrett Drive Raleigh, NC ,27609 'Fax (919) 788 -7159
An Equal Opportunity /Affirmative-Act+on Employer- 5Q% Recycled /f 0 %PostIConsumer Paper --
Traditions SF -3
Wake County
May,231 , 2014'
Page 2' 6f,2
Director. Anpappeal'request.musCbe made.within-sixty, (60) days•of date of this letter'or'from the date theraffecfed
party (including downstream, and /or;adjacent owners) Wnotified' of.this letter. ,A request for a d.6termipatiori, 6y "the
Director�shall belreferred,to the Di' rector •°in,writing;c /o'Karen.Higgins, DWR WeBSCaPq,Unit, 16501V AMService
Center, Raleigh, NC; 27699. "
This determination• is final.and binding ;lunless,.as�d'etailed4ibove, you,ask for-arheiring or�appeal,wittiikgixty,(60) ;
days: -
The owner /future-owners should notify the,Division of Water.Resources (including any other Local, State; and
Federal,Agencies) of this decision,concermng any future correspondences regardiing,the subject property (stated,
above). This project -may, require a-Section:404 /•401 Permit for the propose&activity. Any inquiries should'be
i3irected'to the,Division of Waten'Resources (Central Office) at,,(919)401 -6300, and ,the US Army Corp of Engineers,.
(Raleigh LRegulatory• Field Office) at-(919)- 5544884.
°If you have questions regarding this determination, please feel free :to contact'Ciiem. , Smith'at (91.9) 79,1425,1:
IS, ely, _
' Danny, Smith
,Supervisdr; Water'Quality Regional Operati' s•Ceinter
cc: RRO IDWR.File Copy
. • - � . a • • it • `
" TRADITIONS
BUFFER AUTHORIZATION APPLICATION
FIGURE 7. VICINITY MAP
o 1,000 2,000 4,000
Feet PROJECT #: JPM -15020
f inch =2,000 feet WAKE FOREST, NORTH CAROLINA
Mc ADAMS
N TRADITIONS "
ABUFFER AUTHORIZATION APPLICATION
FIGURE 2. SOIL SURVEY EXHIBIT
0 2so soo 1,000 eet PROJECT #: JPM -15020
I inch = 500 feet WAKE FOREST, NORTH CAROLINA -' �� �§
r77mi
04)
all
a
BUFFER
A
r i i
r � �
� r
r �
r a a
t
1r RIVER
,: :.,. 6 ♦ ...
BUFFER WATERSHED
_*
WATERSHED BUFFER
STREAM FEATURE
5710
v
w
fi
a,
6
i
a
#
#
#
r
r i i
r � �
� r
r �
r a a
t
1 {
CL
9f
fi
a,
6
i
a
#
#
#
r
ZONE 1
NEUSE RIVER 30' BUFFER
BUFFER AREAS
_ ZONE i - NEUSE RIVER BASIN BUFFER
ZONE 2 - NEUSE RIVER BASIN BUFFER
IMPACT ARE
.s ZONE 1 BUFFER IMPACT
ZONE 2 BUFFER IMPACT
MW
GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
z
PROPOSED BUFFER IMPACT (SF)
%: Pro'ecfs JPM JPM -15020 5lorm Wetlands
LOCATION
GRADING
STORMWATER OUTFALL
TOTAL
ZONE 1
0
582
582
ZONE 2
686
1444
2130
TOTAL
2712
%: Pro'ecfs JPM JPM -15020 5lorm Wetlands
Hufter impact Maps JPM1 bUZU- SWx.dw , 11 u ZU15 2:4U:14 PM, J)UDDS, neoecca
PROJECT NO. JPM -15020
n �i T620 —Im act Insets
TRADITIONS SOUTHWEST
IMPACT MAP - INSET 1
WAKE FOREST', NORTH CAROLINA
J TH3�tINRLiMO11M8
> Nocec >3
MCADAMS `�"�� � Maw
SCALE: ,.._50.
y DATE:
11 -11— 2015
IMPACT 2131 SF
30' ZONE 1 BUFFER
IMPACT 728 SF
BUFFER AREAS
_ ZONE 1 — NEUSE RIVER BASIN BUFFER
ZONE 2 — NEUSE RIVER BASIN BUFFER
IMPACT AREAS
ZONE 1 BUFFER IMPACT
ZONE 2 BUFFER IMPACT
STREAM 'N' IMPORTANT PERENNIAL
(HATTERS BRANCH)
ZONE 1
NEUSE RIVER 30' BUFFER
ZONE2 /
' /Vr,,.(NEUSE RIVER 20' BUFFER
PROPOSED BUFFER IMPACT (SF)
LOCATION
GRADING
STORMWATER
OUTFALL
TOTAL
ZONE 1
0
728
728
ZONE 2
825
2131
2956
TOTAL
3684
f
t
GRAPHIC SCALE
50 0 25 50 100 a
Y
1 inch = 50 ft.
5 2:09:15 PM. Stubbs. Rebecca
PROJECT N0. ,1PM -15020 ,
+
L
A� ?H6 JOi1N R LM/IUYfMB
� iiV020 —Im actlnsets `_D O0WAW,W'
dSCALE: , ., _ 50. IMPACT MAP -INSET 2 Durn� � ce ou�n"a�M3
1,4 n No.: 602W
y DATE: WAKE FOREST, NORTH CAROLINA I - M �•�
11 -11— zo1 s MCADAMS
r7 v
" YZ4)
1 ,
BUFFER AREAS
_ ZONE 1 — NEUSE RIVER BASIN BUFFER
ZONE 2 — NEUSE RIVER BASIN BUFFER
IMPACT AREAS
M y4: ZONE 1 BUFFER IMPACT
N r' ZONE 2 BUFFER IMPACT
E11,177127
jK
20• ZONE 2 BUFFER
IMPACT 538 SF
PROPOSED BUFFER IMPACT (SF)
LOCATION
STORMWATER OUTFALL
TOTAL
ZONE 1
878
878
ZONE 2
538
538
TOTAL
Durham. 19
1416
GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
PROJECT K0.
JPM -15020
TRADITIONS SOUTHWEST
' t
"�J°' PAW. °°^�'
�� �'
���020 —Im octinsets
IMPACT MAP - INSET 3
Durham. 19
SCALE:
1"=50'
WARE FOREST, NORM CAROLINA
MADAMS
1eoo� � ��6 .�
y DATE: 11-11-2015
BUFFER AREAS
ZONE 1 - NEUSE RIVER BASIN BUFFER
ZONE 2 - NEUSE RIVER BASIN BUFFER
IMPACT AREAS
ZONE 1 BUFFER IMPACT
ZONE 2 BUFFER IMPACT
PROPOSED BUFFER IMPACT (SF)
LOCATION
STORMWATER
OUTFALL
TOTAL
ZONE 1
648
648
ZONE 2
542
542
TOTAL
1190
GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
PROJECT NO. JPM-15020 I
TRADITIONS SOUTHWEST COMPAW•
MWM-
141%20— In, goctl n sets 2M Meddfta PadmW
> SCALE: IMPACT MAP - INSET 4 Durbam, North Carohm MIS
v1"=50' Uvenw No.: C43M
tv
X WAKE FOREST NORM CAROLINA
DATE: I MCADAMS
Irw 11-11-2015
Riparian Buffer Authorization Form
A.
Applicant Information
1.
Project Information
1 a.
Name of project:
Traditions
1 b.
County:
Wake
1 c.
Nearest municipality:
Wake Forest
1 d.
Subdivision name:
Traditions
1 e.
Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer 1 f below.
❑ Yes ® No
1f.
Is the project located within a NC Division of Coastal
Management Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Owner Information
2a.
Name on Recorded Deed:
WS -TWF Development, LLC
2b.
Deed Book and Page No.
014507,00380;01552,00258;014507,00380;15863,00249;015325,01963
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
1840 01; 1850 01; 1851 03
2d.
Responsible Party
(for Corporations):
Doug Radford, JPM South Development
2e.
Street address:
9380 Falls of Neuse Road, Suite 203
2f.
City, state, zip:
Raleigh, NC 27615
2g.
Telephone no.:
919 - 518 -9210
2h.
Fax no.:
2i.
Email address:
3.
Applicant Information (if different from owner)
3a.
Applicant is:
® Agent ❑ Other, specify:
3b.
Name:
3c.
Business name
(if applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
FORM: BA 10 -2013 Page 1 of 7
Section A. Applicant Information, continued
4.
Agent/Consultant Information (if applicable)
4a.
Name:
Kelly Roth
4b.
Business name
(if applicable):
McAdams Company
4c.
Street address:
2905 Meridian Parkway
4d.
City, state, zip:
Durham, NC 27713
4e.
Telephone no.:
919- 361 -5000
4f.
Fax no.:
919- 361 -2269
4g.
Email address:
roth @mcadamsco.com
FORM: SSGP3080 8 -13 Page 2 of 7
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1840999348, 1850097427, 59156595, 59415799,
59416719, 59410210, 1 851 1 241 28, 1851015514,
1851027431,1851011681
1 b. Site coordinates (in decimal degrees):
Latitude: 35.977597
Longitude: - 78.493003
1 c. Property size:
Project Area: 113.5 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Hatters Branch
2b. Water Quality Classification of nearest receiving
C; NSW
water:
2c. River basin:
Neuse
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 subject property is located within the existing Traditions s/d (Phase 1) along Wildflower Ridge Road
between Traditions Grande Boulevard and E. Juniper Avenue, within the Town of Wake Forest, and within the
Neuse River basin. The subject property is 113.50 acres, and is currently owned by WS -TWF Development,
LLC (Figs 1- 3).The current land use on the property is residential, and the current Wake County zoning is
Residential Mixed -Use (CU RMX), General Residential 10 (CU GR10), and Open Space (OS). Land use within
the vicinity of the subject property is residential, commercial, and forested areas.
The NC Division of Water Resources (DWR) issued a surface water determination for the project site on May
23, 2014 (DWR Project Number NBRRO# 14 -186). DWR determined that there is one perennial stream on the
property that is subject to the Neuse buffer rules, Stream Feature BB (Hatteras Branch), per attached Neuse
Buffer determination letter. The US Army Corps of Engineers (USACE) issued a jurisdictional determination for
the property on May 21, 2007 and June 26, 2007 (USACE AID# 200800443).
3b. Attach an 8 1/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site: Figure 1
3c. Attach an 8 1/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site: Figure 2
3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Perennial: Stream "N" (Hatteras Branch): 5,710 LF
3e. Explain the purpose of the proposed project:
The purpose of the project is to provide housing to the northeast section of Wake County, North Carolina.
3f. Describe the overall project in detail, including the type of equipment to be used:
The proposed project consists of stormwater management infrastructure improvements and associated grading within
an existing single - family residential development. Four stormwater outfalls are proposed to discharge through the
buffer to Stream "N" (Hatteras Branch), and will necessitate Neuse Buffer impacts to Zones 1 and 2. Additionally,
grading associated with the proposed stormwater management improvements will result in impacts to Zone 2. The
Zone 1 buffer impacts will total 2,836 sf (0.065 acre), and the Zone 2 buffer impacts will total 4,655 sf (0.107 acres)
for the stormwater outfalls. Zone 2 buffer impacts for the grading will total 1,511 sf (0.0.35 acres). Traditional
equipment will be used consisting of front -end loaders, bulldozers, graders, and earth movers.
FORM: BA 10 -2013 Page 3 of 7
Project Information and Prior Project History
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
® Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property/
Comments: The NC Division of Water
project (including all prior phases) in the past?
Resources (DWR) issued a surface water
determination for the project site on May 23,
2014 (DWR Project Number NBRRO# 14-
186). DWR determined that there is one
perennial stream on the property that is
subject to the Neuse buffer rules, Stream
Feature BB (Hatteras Branch), per attached
Neuse Buffer determination letter. The US
Army Corps of Engineers (USACE) issued a
jurisdictional determination for the property
on May 21, 2007 and June 26, 2007
(USACE AID# 200800443).
4b.
If yes, who delineated the jurisdictional areas?
Agency/ Consultant Company: S &EC
Name (if known):
Other:
4c.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
NC DWR surface water determination issued May 23, 2014 (DWR Project Number NBRRO #14 -186).
Wetlands /buffers delineated by S &EC and approved by the USACE on May 21, 2007 and June 26, 2007
(USACE AID# 200800443).
5.
Project History
5a.
Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain and detail according to "help file" instructions.
To our knowledge, previously permitted impacts within the project area include 465 LF of permanent impacts to
unimportant stream channel and 67 LF of permanent impacts to important stream channel approved by James
Lastinger of the USACE on January 10, 2012 (USACE AID: SAW-
2009 - 02330).
6.
Future Project Plans
6a.
Is this a phased project?
® Yes ❑ No
6b.
If yes, explain.
All proposed impacts are within Phase I of the project.
FORM: SSGP3080 8 -13 Page 4 of 7
C. Proposed Impacts Inventory
1. Buffer Impacts
1 a. Project is in which protected
® Neuse ❑ Tar - Pamlico ❑ Catawba
basin?
❑ Randleman ❑ Jordan ❑ Goose Creek
1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of
this form.
Buffer impact
Reason for
Type of impact
Stream name
Buffer
Zone 1
Zone 2
number —
impact
(exempt, allowable,
mitigation
impact
impact
Permanent (P)
allowable w/
required?
(sq ft)
(sq ft)
or Temporary
mitigation)
T
B1 ® P ❑ T
Stormwater
Allowable
STREAM N
❑ Yes ® No
582
1,444
INSET 1
outfall
Hatteras Branch
B2 ® P ❑ T
Grading
Allowable
STREAM N
❑ Yes ® No
0
686
INSET 1
Hatteras Branch
B3 ®P ❑ T
Stormwater
Allowable
STREAM N
❑ Yes ® No
728
2,131
INSET 2
outfall
Hatteras Branch
B4 ® P ❑ T
Grading
Allowable
STREAM N
❑ Yes ® No
0
825
INSET 2
Hatteras Branch
B5 ®P ❑ T
Stormwater
Allowable
STREAM N
❑ Yes ® No
878
538
INSET 3
outfall
Hatteras Branch
B6 ® P ❑ T
Stormwater
Allowable
STREAM N
❑ Yes ® No
648
542
outfall
Hatteras Branch
Total
buffer impacts
2,836
6,166
-1c. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to jurisdictional streams and wetlands have been entirely avoided for these proposed stormwater
facility improvements; however, due to required infrastructure improvements, there are proposed buffer
impacts. The buffer impacts total 2,836 sf (0.065 acre) in Zone 1 and 6,166 sf (0.142 acre) in Zone 2. These
impacts are due to the need for four stormwater outfalls that will discharge through the buffer to Stream `N'
(Hatteras Branch). The location of the proposed stormwater outfalls are located such that they will not impact
any streams or wetlands. Buffer impacts were minimized by designing the outfalls to intersect the buffer at a
perpendicular angle.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques. Proper sedimentation and erosion control methods will be utilized during all phases of construction
and installation as described in the Erosion Control Plan sheet reviewed and approved by the NC Division of
Land Quality and Wake County. All work will take place during dry conditions and can be facilitated from high,
non - jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps,
diversion ditches, tree protection, clearing only as necessary to install devices. All erosion and sediment control
measures will be checked for stability and operation following every runoff producing rainfall, but in no case
less than once every week. Any needed repairs will be made immediately to maintain all measures designed.
An erosion control inspections report is required and will be kept by the owner's representative. Temporary
seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative
requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined
through State and Local Stormwater Rules.
FORM: BA 10 -2013 Page 5 of 7
C. Impact Justification and Mitigation, continued
2.
Buffer Mitigation
2a.
Will the project result in an impact within a protected riparian buffer that requires buffer
mitigation?
❑ Yes ® No
2b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone
Reason for impact
Total impact
(square feet
Multiplier
Required mitigation
(square feet
Zone 1
3 (2 for Catawba)
Zone 2
1.5
Total buffer mitigation required:
2c.
If buffer mitigation is required, is payment to a
mitigation bank or NC EEP proposed?
lffYes ❑ No
2d.
If yes, attach the acceptance letter from the mitigation bank or NC EEP.
2e.
If no, then discuss what type of mitigation is proposed.
2f.
Comments:
FORM: SSGP3080 8 -13 Page 6 of 7
E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
® Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
❑ Other BMP
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
1 a.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
❑ Yes ® No
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
of public (federal /state) land?
Manual and attach a BMP Supplement Form.
1 b.
F.
Supplementary Information
1.
Environmental Documentation
1 a.
Does the project involve an expenditure of public (federal /state /local) funds or the use
❑ Yes ® No
of public (federal /state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ❑ No
environmental document pursuant to the requirements of the National or State (North
Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
2.
Violations
2a.
Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland
❑ Yes ® No
Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 02B .0200)?
2b.
Is this an after - the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
,<66 RA - 14 /IA eA' - KP4 L c
Applicant Agent's Printed Name A on icant/Agent s Signature Date
(Agent's signature is valid y if an authorization letter from the applicant is provided.)
Send 3 complete sets of this form and accompanying documents to the following:
For government transportation projects ,cent
by First Class Mail via the US Postal Service:
NC DWR, Transportation Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 - 1617
For all other projects sent by First Class Mail
via the US Postal Service
Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 - 1617
For government transportation projects sent
by delivery service (UPS, FedEx, etc.):
OR NC DWR, Transportation Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
For all other projects sent by delivery service
(UPS, FedEx, etc.):
OR Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
FORM: BA 10 -2013 Page 7 of 7
U.S. ARMY CORPS OF ENGINEERS Copy
WILMINGTON DISTRICT
Action Id. SAW -2009 -02330 County: Wake U.S.G.S. Quad: NC- ROLESVU LE
GENERAL PERMIT (RE
Property Owner: WS-7W Development, LLC
John Myers
Address: 9380 Falls of the Neuse Rd.
suite 203
Raleieb, C. 27615
GIONAL AND NATIONWIDE) VERIFICATION
Agent: Soil & Environmental Consultants,
Bob Zarzecki
Address: 11010 Raven Ridge Road
"eliah, NC 27614
Size and location of property (water body, road name /number, town, etc.): The protect is located north of 98 Business
,(Wait Ave) adiacent and west of Wake Forest Reservoir in Wake Forest, Wake County, North Carolina.
_Approximately 750 acres near Hatters Branch (Dunn Creek) and Smith Cree-Wake Forest Reservoir. Latitude
35.9745590936125 Longitude - 78.4913429923546
Description of projects area and activity: The verification is for proiect named Traditions Subdivision Phase I of a Master
Tanned Mixed- l development. This verification allows f2r 465 line _ff&t of permanent impacts to unimportant stream
channel and 67 linear feet of impacts to important stream channel Two road crossings (65 linear feet and 67 linear feet ) and
one lot fill (400 linear feet) are considered-sing"ffiil complete protects The proiccts must be conducted in accordance with
the application and drawings submitted on October 15, 2009.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 and 29.
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated October 15, 2009. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or
appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued; or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal.
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Lastinger at 919 - 554.4884 x21.
Corps Regulatory Officia� Date: January 10, 2022
Expiration Date of Verification; 03118/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http / /�.nwa,usace.army.mil /survey html to complete the survey
online.
Copy Furnished: Atc P,6wze(
Special conditions and/or Additional Remarks:
1. Losses to important streams were minimized and avoided where possible to avoid greater
impacts to on -site perennial streams and ensure that the adverse effects to the aquatic
envionment were minimal Additionally, no single crossing impact is >70 LF. Each crossing
and lot sill is considered a single and complete project with regards to mitigation.
2. _This verification requires strict adherence to the impact maps and plans submitted on October
15, 2009.
Action ID Number: SAW- 2009 -02330 County: Wake
Permittee: WS -TWF Development, LLC
Date Permit Issued: January 10, 2012
Project Manager: James Lastinaer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification,
D. ® The jurisdictional areas within the above described project area have been identified under a previous action, Please reference
jurisdictional determination issued May 21, 2007 and June 26, 2007. Action ID 200800443 .
Basis For Determination
Remarks
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The deliaeation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site, If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: ,Jason Steele, Review Officer
60 Forsyth Street SW, Room l OM 15
Atlanta, Georgia 30303 -8801
Phone: (404) 562 -5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by March 10, 2012,
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence."
Corps Regulatory Official:
Date: January 10, 2012 Expiration Date: March 18, 2012
Copy famished:
Applicant: Wk.M,DeveIo2menL LLC File Number: SAW - 2009 -02330 I Date: Jana 10, 2012
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of rmission A
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
ove decision.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. if you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION 11- Bg2 2UEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record,)
ADDITIONAL rNTORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION-
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: James Lastinger, Regulatory Specialist
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105
60 Forsyth Street, Room 10M15
Wake Forest, NC 27587
Atlanta, Georgia 30303-8801
919-5544884 ext 32 J
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the o ) ortunity to participate in all site _investigations.
Date: Telephone number:
I
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to.,
District Engineer, Wilmington Regulatory Division, Attn: Jean Gibby, Field Office Chief, Raleigh Regulatory Field
Office, 3331 Heritage Trade Dr., suite 105, Wake Forest, NC 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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