HomeMy WebLinkAbout20221672 Ver 2_Riparian Buffer Authorization Request_20240318Original Submittal 3/18/2024
A. Owner/Applicant Information
General Information
Primary Contact Email: * nduprey@sageecological.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
Agent
1. Property Owner Information:
1a. Name on Recorded Deed:* Meritage Homes of the Carolinas, Inc
1b. Responsible Party: Scott Roylance
(for Corporations)
1 c. Mailing Address:* Street Address
3300 Paramount Parkway ste 120
Address Line 2
City
State / Province / Region
Morrisville
NC
Postal / Zip Code
Country
27560-7887
us
le. Email Address:* scott.roylance@meritagehomes
1 d. Telephone:* (919)926-2610 com
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. POF only
B. Project Information and Prior Project History
1. Project Information Q
1a. Name of Project:* Arvin Subdivision
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
1d. Subdivision Name: Arvin Subdivision
le. Nearest Municipality: Durham
1f. Property Size: 189.13
acres
1g. County (or Counties) where the project is located:
Durham
1h. Property ID# Date of Purchase
0852-11-13-7426; 0852-00-89-0520; 0852- 2/5/2024
10- 51-3314; 0852-20-88-7604; 0852-12-02-
4858
Tax PIN or Parcel id
1 i. Deed Information
Type of Book Book# Page#
__ IDeed F48 00269
Map
1j. 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
Overall Impact Quantities.pdf 119.3KB
PDF only
1 k. How would you like to provide the Latitude and Longitude information?
Address Lookup
Manually
Latitude* Longitude*
11. Is the project located in any of North Carolina's twenty coastal counties?* Yes No
2. Surface Waters (A
2a. Name of the nearest body of water to proposed project: * Chunky Pipe Creek
2b. Water Quality Classification of nearest receiving water: WS-IV; NSW
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
11,278
(linear feet only)
3. Project Description: l^_
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 undeveloped and wooded. The tree canopy consists of mature pines and hardwood trees. The topography of the Site
ranges from a low point of +/- 300 feet above mean sea level (msl) along the drainages on the property, to a high point of +/- 380 feet
msl along the northern property boundary adjacent to Cheek Road. Surrounding areas are a mix of
undisturbed forest and residences.
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
Figure 1 - USGS Topo Vicinity Map.pdf 508.02KB
PDF only
3c. Attach an 81/2 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
Figure 2 - Soil Survey Site Vicinity Map.pdf 314.45KB
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:
Roads and lots were positioned to reduce impacts to streams and wetlands on the Site. The road crossings were designed to cross
perpendicular to the jurisdictional features as much as possible given connection points and property boundaries. The purpose of the
proposed project is to construct a residential development to help meet the housing need in the area. Construction activities will be
phased so as to prevent large areas of land disturbance that could contribute to sediment runoff into the streams and wetlands.
Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
Arvin SD Revised Buffer Impacts.pdf 1.21MB
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?
List name if known
Date
Attach
Agent/Consultant
Sean Clark
01/02/2019
(Name if known)
SAW-2019 01026 &SAW-
2.45MB
2020-00212 Arvin
Subdivision Final NWP-13
May 23.pdf
pdf only
*** Please include the date of the determination and upload a copy of the determination.
Comments:
A PJD package for the project was originally submitted in June 2019 with an addendum submittal made in 2020 for some additional
land added to the assemblage. This PJD package was updated in 2022 and included with the original permit application submitted to
the USACE and DWR on 11/30/2022. NCDWR approved the project and impacts on February 16, 2023 and the USACE approved the
project and impacts on May 13, 2023.
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? *
6b. List any permits/approvals that have been requested or obtained for this project in the past.
Application Date
Date Issued
Permit Type
11/30/2022
2/16/2023
NCDWR 401 & Buffer authorization;
USACE 404 authorization issued on 5/13/23
6c. Please explain and detail according to "help file" instructions.
Arvin Subdivision was originally authorized in February 2023 by NCDWR (DWR No. 20221672) and May 2023 by the USACE (SAW-
2019-01026 & SAW-2020-00212). The proposed Project consists of the construction of a residential subdivision with associated roads
and utilities including a sewer line.
The Arvin Assemblage is comprised of five (5) adjacent properties and was given the Action ID of SAW-2019-01026 after a site
meeting with USACE staff in 2019. The Parrish property to the north was issued a preliminary determination (SAW-2020-00212) on
6/4/2020 after a site meeting with Mr. Andy Williams of the USACE. The main portion of the Assemblage, referred to as "Arvin Road
Assemblage" was visited by both the USACE and DWR in 2019. The field sketch maps were updated per that site review and
provided to the USACE but no formal documentation by the USACE was issued at the time.
The NCDWR provided a stream determination (RRO #19-323) for the Arvin Road Assemblage in 2019. A stream determination was
provided for the Parrish Property (NBRRO #22-012) in early 2022. An additional separate stream call (NBRRO #21-463) was made in
2021 on an offsite drainage that was approximately 50 feet from the property line.
Roads and lots were positioned to reduce impacts to streams and wetlands on the Site. The road crossings were designed to cross
perpendicular to the jurisdictional features as much as possible given connection points and property boundaries. There are 1.84
acres of onsite wetlands of which only 0.34 acres were approved to be permanently impacted. There are approximately 11,278 linear
feet of stream onsite of which only 187 linear feet were approved to be permanently impacted of which only 129 linear feet will result
in permanent loss. There were also 21,177 square feet of permanent proposed Zone 1 buffer impacts and 13,168 square feet of
permanent proposed Zone 2 buffer impacts authorized by DWR. Authorized wetland impacts were mitigated through NC Division of
Mitigation Services. Authorized stream impacts are below mitigation thresholds. Authorized riparian buffer impacts are either
"Deemed Allowable" or "Deemed Allowable with Authorization" so no mitigation was required.
7. Future Project Plans
7a. Is this project a phased project?* n Yes no No
C. Proposed Impacts Inventory
Buffer Impacts
Project is in which protected Basin?*
O* Neuse River Basin (15A NCAC 02B.0233)
O Catawba River Basin (15A NCAC 0213.0243)
O Randleman Lake Watershed (15A NCAC 026.0250)
O Tar -Pamlico River Basin (15A NCAC 02B.0259)
O Jordan Lake Watershed (15A NCAC 0213.0267)
O Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 0213.0607)
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
-] I
Impact D
SA
Temporary (T)
Allowable
3,164.00
1,989.00
Map label (e.g. Road Crossing 1)
Perm or Temp
Square Feet
Square Feet
Impact J
SA
Temporary (T)
Allowable
1,047.00
679.00
Map label (e.g. Road Crossing 1)
Perm or Temp
Square Feet
Square Feet
Total Zone 1 Impacts: 4,211.00
Total Zone 2 Impacts: 2,668.00
Total Buffer Impacts: 6,879.00
Comments:
Two of the proposed aerial sewer crossings were required to be re -designed, which has resulted in the need to increase the riparian
buffer impacts at Impact D and Impact J.
• Impact D. The sewer outfall for Impact D as originally designed resulted in a rise in the FEMA mapped floodplain due to the
proposed sewer manhole and support piers. Impact D was modified to include additional clearing and grading within the stream buffer
to eliminate the rise in the FEMA floodplain elevation. Originally approved impacts in Zone 1 were 1,687 SF and 612 SF in Zone 2.
This request increases Zone 1 impacts to 3,164 SF (additional 1,477 SF) and Zone 2 impacts to 1,989 SF (additional 1,377 SF).
• Impact J. The sewer outfall for Impact J was modified to eliminate one manhole. The manhole construction was not feasible due to
the elevation of the sewer outfall relative to the existing topography within the stream buffer. Originally approved impacts in Zone 1
were1,020 SF and 614 SF in Zone 1. This request increases Zone 1 impacts to 1,047 SF (additional 27 SF) and Zone 2 impacts to
679 SF (additional 65 SF).
Per 15A NCAC 02B .0714 Neuse River Buffer Rules, Section (11) Table of Uses, (kk)(iv) - sewer crossings with a "permanent
maintenance corridor greater than 30 feet wide [which are] perpendicular crossings that disturb equal to or less than 40 linear feet, no
mitigation is required". Therefore, these impacts is deemed "allowable upon authorization".
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.
The original design of the project has not changed. Roads and lots were positioned to reduce impacts to streams and wetlands on the
Site. The road crossings were designed to cross perpendicular to the jurisdictional features. There are 1.84 acre of onsite wetlands of
which only 0.34 acre are will be permanently impacted. There are 11,278 linear feet of stream onsite of which only 187 feet are will be
permanently impacted. The sewer line, specifically, was designed with aerial crossings in mind to further reduce impacts to streams
and wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction fencing will be used to define the construction corridor and prevent any accidental, additional impacts. Construction on
the Project will be phased so as to prevent large areas of land disturbance that could contribute to sediment runoff into the streams
and wetlands.
E. Diffuse Flow Plan
la. What type of SCM are you providing? *
Level Spreader
[:) Vegetated Conveyance (lower SHWT)
O Wetland Swale (higher SHWT)
0 Proposed project will not create concentrated stormwater flow through the buffer
0 Other SCM that removed minimum of 30% nitrogen
1 b. Describe how diffuse flow will be maintained: *
The proposed project stormwater management plan (SMP) will be reviewed by the locally delegated, state -approved government
stormwater program. They will ensure that diffuse flow is maintained for any stormwater discharges.
1 c. Diffuse Flow Documentation Click the upload button or drag and drop files here to attach document
Diffuse Flow Documentation Alvin_2024.pdf 37.5KB
PDF only
F. Supplementary Information
Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
r,
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 lJ
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
Arvin REVISED Buffer Request_2024.pdf 15.07MB
PDF only
Additional Comments:
Attachments:
PCN Cover Letter
Agent Authorization Forms
Figure 1-USGS Arvin Site Vicinity Map
Figure 2 - USGS Parrish Site Vicinity Map
Figure 3 - Soil Survey Arvin Site Vicinity Map
Figure 4 - Soil Survey Parrish Site Vicinity Map
Figure 5 - Arvin Post USACE/DWR Stream & Wetland Sketch maps
Figure 6 - Parrish Post USACE/DWR Stream & Wetland Sketch map
Impact Maps
USACE 404 Authorization (SAW-2019-01026 & SAW-2020-00212)
DWR 401/NRB Authorization (20221672)
Completed MRTF 2019-01026
H. Sign and Submit
By digitally signing below, I certify that:
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)
d 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');
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
d I intend to electronically sign and submit the application form."
Print Name:* Nicole J Duprey, PWS
Signature
d6C0/e J. DaPrel
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
20221672
2
Zachary Thomas:zachary.thomas
Raleigh Regional Office - (919) 791-4200
No Payment Needed
Fee Received
Need Fee - send electronic notification