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HomeMy WebLinkAbout20071998 Ver 1_401 Application_20071107ENVIRONMENTAL SERVICES, INC. 524 S. NEW HOPE ROAD RALEIGH, NORTH CAROLINA 27610 919-212-1760 • FAX 919-212-1707 Q 7- 1 9 9 8 www. environmentalservicesinc.com November 28, 2007 Ms. Amy Chapman N.C. Division of Water Quality 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Re: Riparian Buffer Permit Application Market at Perimeter Park Morrisville, NC Dear Amy: ESI is submitting the attached buffer permit application on behalf of Duke Construction. This request is only for Buffer Rule approval; no Section 404 or 401 authorizations are required. The following items are included with this submittal: • 7 copies of the application including permit figures • Copy of the Jurisdictional Determination approved by USACE • Copy of the No Section 404 Permit Required as approved by USACE ESI and Duke Construction met with you and Ian McMillan a couple months ago and discussed this project, which also includes a culvert replacement under Highway 54. This culvert replacement will impact a section of non jurisdictional ditch and no 404 or 401 permitting is required. Please call me if you have any questions or comments. Sincerely, ENVIRONMENTAL SERVICES, INC. Jeff Harbour, PWS D NO V 2 8 2007 '~~sroR a~`~in' BRANCH FLORIDA • GEORGIA • NORTH CAROLINA • SOUTH CAROLINA S. ARMY CORPS OF ENGINE .RS WILMINGTON DISTRICT Action ID(s): 200620643 County: Wake NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property Owner: Duke Realty Corporation ~ T- 1 9 9 8 Attn: Brian E. King. PE Mailing Address: 1800 Perimeter Park Drive, Suite 200 Raleigh, NC 27610 Telephone No.: (919) 461-8014 Authorized Agent: Environmental Services, Inc. Attn: Jeff Harbour Mailing Address: 524 S. New Hope Road Raleigh, NC 27610 Telephone No.: (919) 212-1760 Location of property (road name/number, town, etc.): 18-acre parcel in the southeast quadrant of the intersection of Chapel Hill Road (NC 54) and Carrington Mill Boulevard (formerly Lichtin Boulevard) within the Perimeter Park Development, northeast of Morrisville, North Carolina. Site Coordinates: 35.855°N 78.842°W USGS Quad: Cary Waterway: Stirrup Iron Creek drainage River Basin: Neuse HUC: 03020201 Description of activity: The Shops at Perimeter Park commercial development, in accordance with the drawings submitted on 5/16/2007. Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Your work as proposed does not require Department of the Army authorization for the following reason: _ There are no jurisdictional waters or wetlands within the boundaries of the property. X The proposed project (The Shops at Perimeter Park commercial development) does not impact jurisdictional waters or wetlands, based on the wetlands (Section 404) delineation for Duke Realty signed on 5/2/06 (Action lD 200620643). _ The proposed project is exempt from Department of the Army regulation. Specify: NOTE: This determination does not relieve development of this property from the requirement to avoid and minimize impacts to waters of the United States. 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. Any changes in the above-described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of En ineers regulatory program, please contact Eric Alsmeyer at telephone (919) 876-8441, eat 23. Corps Regulatory Official Date: 5/29/2007 Verification Expiration Date: 5/29/2012 C F = E 5.~ r, ~7- 1 99 8 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200620643 County: Wake & Durham U.S.G.S. Quad: C r NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Duke Realty Limited Partnership Attn: Chris Raughley ~: .~ » ~"'" ,~ ~_~ f- Mailing Address: 1800 Perimeter Park Drive ~ 4"'"' ~v ='~' ~-~ Morrisville, NC 27560 MAY 0 4 2006 Telephone No.: (919) 461-8055 Authorized Agent: Spangler Environmental, Inc. ~~~~ ~~~1STRUC~ION Attn: Steve Colbert, Ph.D. Mailing Address: PO Box 387 Raleigh, NC 27602 Telephone No.: (919) 546-0754 Property description: Size (acres) 158 Nearest Town Morrisville Nearest Waterway unnamed tribs. to Stirrup Iron Creek River Basin Neuse USGS HUC 03020201 Coordinates N 35.86° W 78.84 ° Location description Combined parcels on the east side of NC 54, on the south side of I-540 (currently under construction. Indicate Which of the FollowinE Apply: A. Preliminary Determination _ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. Approved Determination _ There are Navigable Waters of the United States within the above described property 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 maybe relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property 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 maybe relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. r~ AID 200620643 X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 5/2/2006. 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. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Eric Alsmeyer at (9191876-8441, ext. 23. C. Basis For Determination The study area contains stream channels of unnamed tributaries of Stirrup Iron Creek a tributary of Crabtree Creek and the Neuse River, with indicators of ordinary hish water marks and wetlands adjacent to the tributaries. D. Remarks This delineation was confirmed by site inspection on 2/2/2006 Previous delineations were done on this site (AID'S 199821022 and 2001207161. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. 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 South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 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 7/2/2006. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** ~~G Corps Regulatory Official: Date 5/2/2006 Expiration Date 5/2/2011 Copy furnished with drawings: Spangler Environmental, Inc. /, SHEET 2 "THIS CERTIFIES THAT THIS COPY OF THIS PLATACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF 9E~ 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE I THE lAW OR OUR PUBLISHED REGULATIONS, THI9 DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED l FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION NUAL/ REGULATORY OFFICIAL l,/_n _ TITLE ~~~'f' I DATE ~~ C/i0 USACE ACTION ID ©E~'~Kj BASS, NIXON 8 KENNEDY HAS NOT PERFORMED AFIELD SURVEY FOR THE LOCATION OF THE . WETLANDS SHOWN HEREON. THE LOCATION OF THE WETLANDS WAS PROVIDED TO BNK IN A DIGITAL FILE AND INCORPORATED INTO THIS DRAWING. BNK IS MAPPING THE WETLANDS BASED ON LOCATIONS PROVIDED BY SPANGLER I ENVIRONMENTAL, INC. SCALE IN FEET 0 50 100 200 300 400 ACTUAL STREAM BUFFER IS MEASURED 50' FROM TOP OF BANK 50' NEUSE RIPARIAN BUFFER E 2046914.9471 63e DWO/NRB START 62B 623 b24 522 Ste 63 633 e~ 535 536 621 637 620 619 sle \ `t~ttttlfilllfffryj .~~~~~~~~N C~O~i''% ;. ~o ~~oF ~ s s ~ o, ~" , ~y~ ,,r Q ; - f SEAL i - +4>z~ L-2832 ~;~ - ~fo ^.su '',''''''~~~~ 111 1111 ,,``````\~.`nn /U J~` °" 551 547 539 e44 545 550 5 54B 1 643 64e 642 ~0 641 I aze i I ~ 627 532 514 617 625 631 5,2 6,3 s,e EATURE A I 616 CHANNEL A IMPORTANT, PERENNIAL 511 1,180 ft. . 610 (TOTAL ON SUBJECT PROPERTY) 509 ~e0e NOT SUBJECT TO 4041401 566 NOT SUBJECT TO NC-DWQ BUFFER sas (504-523) 504 ® Apr ~p--~~7, I~~~04V ~ KE~~EDY ,INC~ SURVEYED BY WETLANDS DELINEATION SNEEt CONSULTING ENGINEERS DRAWN BY FOR 2 6310 CHAPEL HILL ROAD DHG DUKE REALTY °~ c eY SUITE 250 ED N®RTH CAROLINA 27607 EIGH RA , L DAtE 919-$51-4422 FAX 919-$51-$96$ 04-21-06 MORRISVILLE WAKE COUNTY NC R:12006jobs1060510001dwg\PERI METERWETLANDS.dwg Office Use Only• Form Version March OS ~7-1998 USAGE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ^ Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: N/A 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed 4 for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, ~~ and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check l~~~e;.~, ,-;, ~s-~,, + -~ ~; ,, , a; ,~. ~ fi ~~ , ~ ~4~~ ~,_m~~ ..y ~ ~ y II. Applicant Information ~,~ ~aV ~ ~ ,~~~.~ r~'_~ 1. Owner/Applicant Information ss~r'~ ~~'f~i*kty'~^~if's Name: BrianKin~ r~~iy~./~ ,~~~~~~~.~~s,~~uF~ Mailing Address: Duke Construction 3005 Carrins?ton Mill Blvd. Morrisville NC 27560 Telephone Number: 461-8014 Fax Number: 461-8090 E-mail Address: brian kin~(c~dukerealty com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jeff Harbour Company Affiliation: Environmental Services, Inc. Mailing Address: 524 S. New Hope Road Raleigh NC 27610 Telephone Number: 212-1760 Fax Number: 212-1707 E-mail Address: jharbour(a~esinc cc Updated 11/1/2005 Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of proj ect: Hotel Sierra -The Market at Perimeter Park 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0746667642 0746667445, 0746667355, 0746667266 0746761375 0746667165 0746667086,0746658907,0746760811 4. Location County: Wake Nearest Town: Morrisville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): The site is located in the southeast quadrant of the intersection of Chapel Hill Road (Hwy 54) and Carrington Mill Blvd within the Perimeter Park development. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.855 °N 78.842 °W 6. Property size (acres): 7. Name of nearest receiving body of water: Stirru~Iron Creek 8. River Basin: Neuse ~HUC 03020201 ~ (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http•//h2o enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently undevel~ed althou hgL a single family residence.previously occurred onsite along with several storage buildings. The front half of Updated 11/1/2005 Page 6 of 13 the site consists of grass and young pines and the rear of the site contains medium-aged hardwood forest with scattered nines The general land use in the project vicinity includes primaries commercial and residential along Highway 54 and commercial in the adiacent Perimeter Park. 10. Describe the overall project in detail, including the type of equipment to be used: The Market at Perimeter Park is bein d~o~ed as a commercial development on this 18- acre parcel Hotel Sierra will be located in the northeast corner of the tract. The construction of a stormwater pond outfall and bypass channel will require a small amount of impact to the Neuse River buffer (Exhibit B~he pond will serve the entire 18-acre development. A mulched walking_path is also proposed to be constructed in a portion of the onsite buffer (Exhibit B) Additionally a culvert is being replaced in a non jurisdictional and non- buffered ditch adjacent to Highway 54 This culvert replacement does not reauire any Section 404 or 401 permit and it is depicted on Exhibit C. Equipment to be used onsite includes apical earthmoving equipment such as bulldozers, backhoes graders dump trucks etc 11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide adequate stormwater management for the Market at Perimeter Park and the Hotel Sierra. The 10-year storm outlet and bypass channel will be constructed inside the riparian buffer due to site constraints. Additionally, a 5-ft wide pedestrian mulch walkingpath is also proposed inside the riparian buffer This walking_path is being requested bathe Town of Morrisville. The culvert is being replaced along Hiahway 54 in order to provide improved stormwater drainage from the opposite side of the road. Approximately 109 feet of non jurisdictional ditch will be regraded during this culvert replacement ' IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. 1) USACE Jurisdictional Determination (Action ID 200620643) issued on Mav 2, 2006 by Mr. Eric Alsmever 2) NCDWQ Buffer Determinations (NBRRO 06-033R) issued on February 13, 2006 and (NBRRO 06-129) issued on Mav 24, 2006. 31 No 404 Permit Required Determination issued by Eric Alsmever on May 29. 2007 (AID 200620643) Updated 11/1/2005 Page 7 of 13 41 Pre-application meeting with Amy Chapman and Ian McMillan of NCDWO in September 2007. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work,. and provide justification for the exclusion of this work from the current application. No additional state or federal permittin ig s anticipated for the Market at Perimeter Park or for the Hotel Sierra. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the .applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: This project will not include any dischar~~ of dredge or fill material in Waters of the US or Waters of the State. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se aratel list im acts due to both structure and floodin . Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) NA Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A Updated 11/1/2005 Page 8 of 13 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mi~~t he included. To calculate acreage. multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) NA Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill_ excavation. dredain>?. flooding. drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) NA Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Updated 11/1/2005 Page 9 of 13 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): local stormwater reauirement Current land use in the vicinity of the pond: successional uplands Size of watershed draining to pond: 15.67 ac Expected pond surface area: 11,590 ft2 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant has avoided jurisdictional wetland and stream impacts associated with this project. The proposed buffer impacts are a result of the bypass channel that is required for the stormwater pond The additional mulch walking~ath is intended to~rovide recreational activities for the employees and residents in this area Both activities are allowable under the Neuse River Riparian Buffer Rules The culvert replacement will be performed in a ditch that has been determined to be non jurisdictional and not buffered. Environmental due diligence was conducted b t~ applicant in order to better plan the project and to address avoidance and minimization earl i~process VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland andlor upland vegetated buffers to protect open waters such as streams; and replacing losses of Updated 11/1/2005 Page 10 of 13 aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current version.). 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http•//www nceep net/pages/inlieureplace htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Updated 11/1/2005 Page 11 of 13 Yes ^ No X. 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA fmal approval letter. Yes ^ No ^ Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* (s uarpe feet) Multiplier Mltqu t on 1 2,770 3 (2 for Catawba) 2 730 1.5 Total 3,500 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. XI. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into -the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. No riparian buffer mit~ation is required or is being_proposed for this project. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. No Section 401 Certification is required for this~roject The Town of Morrisville will review and approve all necessary stormwater management devices. Updated 11/1/2005 Page 12 of 13 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge} of wastewater generated from the proposed project, or available capacity of the subject facility. The Market at Perimeter Park will be served by the Morrisville municipal sewer systern. _ XIII. Violations (required by D'4'~Q) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project {based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water qualzty? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy pasted on our website at http'l/h2o enr state.nc.ttstnewetlands. If no, please provide a short narrative description: This project does not include any activities that could be reasonably expected to result in additional development resulting in degradation to downstream water aualtty and a detailed cumulative impact analysis is not warranted under this application. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant`s control). The ~plicant has thoroughlX reviewed the site and conducted due diligence to identify any other issues that mi ht ose a construction constraint. No other environmental issues were discovered that could result in develo rnent constraints. Applt a 's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ltpda[eci [ {!i/2f~5 Page t 3 of 13 ~. -~ ~ ' ~ ~ , --~ J - ~' -,~~ ~ ~' -~~_ ~`~ ~`~/ ~. j~ ' N ~ ;S -- I . -~ ~ ~,~ ti , too ~-,, ~~© _ , ~ ~, ; ~~~ ~ `. ~z Utz. _ DU ~ c; , r _~ t~. i it ~ = `~ ~ ~; ~~,\ ~ i ~~ .~ , r ,$` A - ~ t __ ~ ____ 1-' ~ .-_~ ... _ _ ~ \ $ ~~ - ~ `,` ~ ,~--ltd ~ ~ ~ ~ :~g1LLx~ t i ~ ~ ~ _ ~ f ~ I ~ ~;. 1 ~~ \ _ ` ` .1 ~ ~ ~ . ~ if So els G C ' ~ i`~ - = s - ;~= ~~ i y ~~ ~ , ~ i i ,_ ~ ~ rr ro e, J - - 1 1 r V A, ~ ~ ~ _ ~' ri c~~ ~~'r ~` . ~ ~- ~~' ~~~I~~I ~~ ~ i t '~ ` 4 - ~ ~~ ' r ~ ~ ~ t~~1~ ` - - ~iA, Ir ~t {ti~ ~5 i J. ~ , ~~ ,~ ~ ~ Gi lye/l ~- ~ ~ ~ {~~; 1 ~ •~4~ 'l ~, ~ ~L _ ~~ ~ _ , I _ ~ ~ , _- - t ~; ,,, ~ / \- ! % ~ ~ i ~ l r7 _ __ ~ ~ ~" ~ i~ ~' 37G ~~ ~ i ` ~ 11 Lr 7 ~ ~~~_ 1 i t. ,; .- ~ ~ ~! ~ J. f~ ~ ~ ~ ~ ~ •, ~ , r,, ~ ~~ U~l ' ~ i ~t ~ ~ ~ ~ ~ ~ - t ! 1• A ; ~ l ~~ L ~~_ - -k~ _ ~,- -, ~ _ _ ~ r _ ` . , _ .! .~ _ ', ~ e _ I • \ ' ~ - ii t ~a31 - _ _ -~ - -.. ., , ~ . fi 'Ir~s~~ ~~ ~ I t ~ 7 ~- ~ ~~ ~{ I _.. 6r ET ~ ~~ ~~ ~ `- t I ~ / _ _ bf~ ~1 ~~ ~ ~~~ ' ~ }. r -~1~ ~I ~~ ^ .~ ~ ~' ~~ ~~r) i~ l .Ap~ I `` / VI ////// I ~ C. \\\` t ~~ ~ .l t i `~ ~ ~ 1 I . ~ ' ~ ~ „ ~~ , RRL4VILL~ ~' ~ t~ ~ ~ ~ -~ ~= ~~. to ~ ~_~.~~(,1_ _i , _ -_ ~~' - -s1 ~ ~ ~l - A i , . ~ ~~ _ t, ' ~' i 386 ~- ~ r. r~ ~ ~ ~ \ -- ~\ ~.I ~~ ~ ~ _ _ ` .l ~ 1 Q Project Boundary" ,\ ~, __ '~ ! ;.. ~ .._~ ~\\~~ ..`'-- ~ ~ ~ ~ ~ ~ ~ ~ _ - ~' r~ ~--~ _ ~ ~ . ~ ',- ~ '-;,\ `~~ 'Location and extent is approximate. ~ ' I r\~~ \ ~ ;" ' • < 0 1000 2000 _ai0 ILL$ ? - ORP B Y ~ `~` - *,~ - y --r ~ - ~ r~ ---- Feet ~--~-'J-~~ ,•'r ~Clrriste~~at~tiliedEIl6lg~~ ` Source: USGS Digital Raster Graphics, ~ ~ _ , So -- ` C Gh~= Cary & Southeast Durham, NC Quadrangle, 1999; ~~_ i Project boundary approximated by ESI. \ ~ ' ~~ ~~ - \ ~. Disclaimer: The information depicted on this figure is for ~ 'i ~~-~ ' "~,~~ ~ _ `\ informational purposes only and was not prepared for, and i 3i2 ~ ~ ~. , \ `~ ~ t .~%. is not suitable for legal or engineering purposes. -j, o \ _~ ENVIItONMENTAL SERVICES,INC. Project Location Map Project: ER07033.01 Date: Nov 2007 524 S. New HOpe Road The Market at Perimeter Park -Hotel Sierra Raleigh, North Carolina 2~s,o Drwn/Chkd: RLT/JH 19'9'2'2-„6° Wake County North Carolina rim Fnx s, s z, z , t > - www.environmenralservicesinacnrn Figure: 1 . rJ ~U e !~ LUO~ street 25? Project Location Q Project Boundary ~ NRCS Soil Boundary Soil Mapping Units CrB2 Creedmoor sandy loam, 2-6% slopes, eroded MyB2 Mayodan silt loam,thin, 2-6% slopes, eroded MyC2 Mayodan silt loam, thin, 6-10°/a slopes, eroded Wy Warsham sandy loam o iooo zooo Fee[ Source: NRCS Soil Survey of Wake County, NC, 1970; Project boundary approximated by ESI. Disclaimer. The information tlepicled on this fgure is for informational purposes only and was no[ prepared for, and is not suitable for legal or engineering purposes. This iniortnation presented is no! for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. !1k~!R • WA'i ~'R Q1fALI iY sA/ETtlW~~"~ e,,".y} 5 tt?~?~fi~e,rC~t 3RARlCH DURHA?Vf CGUNTY ENVIRONMENTAL Project: ER07033.01 SERVICES, INC. NRCS Soils 524 S. New Hope Roatl Date: Nov 2007 Raleigh, North Carolina 276,° The Market at Perimeter Park -Hotel Sierra (919)212-1760 Wake County, North Carolina Drwn/Chkd: RLT/JH (919) 212-1707 Fax o • ,un csi ww ~.environmentalservicesinacom Figure: P:\Geogra\Projec[s12007\033\Ot\corel\soils.cdr; 11/26/07;12:00 PM /1 .', Y ,~ ~ n Q Page 1 of 1 X7-1998 ~: _. , .. ,, _ ~. c=~ t ~ 3~-' ~: l~~lx~ ~L~ ~~ ~~ WAKE ~~ , VYA COUNTIC ANO THE CITY t3F RALEIGN C(IUhTY Copyright 2007. City of Raleigh, Wake county. http://imaps.co.wake.nc.us/imaps/printmap.asp?pin=&pinext=&minX=2046475.1079714... 11 /20/2007 The Market at Perimeter Park ~7' 1 998 LICHTIN BLVD O~ ~~ ~~ ~~ ~~ ~M~~-~- SITE °~ ~, N ~~ 0~ ~~ 2 8 ~ ~ Op L`.'/ '~'. lyq ~ ~ ~ ~~~ry EXHIBIT B LOCATION ~-EXHIBIT s C LOCATION ~~ s << ~'o EE RD ~o ~o< cJ4 WATKINS RD `so G ~ F ~ 2 LOCATION MAP NTS CLIENT: , DATE: 11-09-07 ~ ~ T ~,, DUKE REALTY CORPORATION DRAWN BY: TRS •~~ ~ Engineering, Inc. LOCATION MAP CHECKED BY: BAR Civil Engineers & Land Surveyors D THE MARKET AT PERIMETER PARK "' ~~,~ CT CARY, NORTH CAROLINA FBK: Exhibit A 27513-2015 (919 877-1998 (BUS ; TOWN OF MORRISVILLE ,. WAKE COUNTY CHF: o (919 677-1996 (F NORTH CAROLINA scn~E HOR 1"= FT. VER 1 °= FT. .-. ,. __- ;~s•ts~ s~,ts.oos '. ~ 10' WIDE BYPASS DITCH , W// CLASS GRIP-RAP -- ' SSE DETAIL ~. `. ~.~:: ~` '..y ~ IMF CT AREA ~ , / ,. '\~Z E220SF --- , ~~.",' , \' 'ZONE 1 310 SF .107 LF 00.505 42' / ' /' ' , '9-RING GASKET RCP ~~ _ / / ' -. ~ , , 'F~; ~ ~ ~ INTQ , ~ ~ ~... ` ~~ ~. _ , , , ~~ ~ ~ ~ '" ~ ' 71 CF^4 '~ ,. -.. -. \ ~ / PVC 00. , • ~ ~ V. r - % ~.: \ \ \'~\\\ \\ J (EMERGENCY ~ OW • ~ ~•:. . .~ \ ~' ~A \ V 1A \\~A ELEV.~352.5 , `, ~ WIDTH . ~ , ~~~ 1. ~ i i ~ ~ ` ,i .~._.. _:•;..;`.:,r `<. . " ` iii\\ \ .PROP.-QU ~ Mr ;'i ~. ,_ ~. ~" ~. - \VA\\V AVAA ~~ ~ ~~ V ~ ~~ UL H A7H. ` ~ - . ~A'\~__ _.-.. AVAA . . \`` , ~ / MP T AREA • \ \ ~ \\\ \ ~ ON '2 480 SF ~'~ ., ~ \ \ _V \ j \ \ ; \ ,/ ~ \\\\ III i i ._ .. ..: „,.Y ,~ \ \ \ I I I I '~ ~' ~ ,.~ '~ \~\> III;1 / ~ / Y'. / / _~ \\\\ (`III ;% , '` \~~' ' `~ ~ ~. _ r ~ ,c\z . HOTEL SIERRA '1 \ \ ;III ,' / ~ ' ' i - ~ ~ FF 3829 % A\ \\\ : "III ~ ~ '~ c - \ ` ' \\4 111 ~ ~ ~~ `'~ , PROP. BLOCK" \ \"\ 1 I I 1 / ~' . RETAINING WALL ~ \ \ 111 ! ~ '1 +' ~ AV~II , /f, ~° r \V II; ~ ~'~ ./ ~ , \ Vl I' / ,i~ / i ~~. / ~~j,, d~., G \I f ~ , `,~ y,P 2 ,' ' •,I ~ ,/~' , ' I - .. 1 / F I lf,- ,e Q, , ~' , ;~ ~ 'C~ . ~. / , /, / / ~ it ~ , i ~ / y. / .-~~ ~ / ' v ~~ ' ~ ~ j~ / .ii i , /'/ ' i \ / ~ / /~ ' 0' - \ ~ ' ' ~ ~~ ' . \ j ~ ,/~ /, ~i .J / , ~ V / / 4. 22" CLASS B A\ \\:' 1., ' ~ ,' .' ~ ,r RIP RAP W/ ~ ~ \ \ / , i GEOTEXTILE LINER \ \ ~: , ~. BYPASS DITCH SECTION ~ ~~ \\ f ~ i~~ ~" 4" INLET PIPE ~ ~ ~ ' ' ' \' 6' I \ I \ ti EV. 346.0 ~ ,. , " ~ ~ ~ ..,: , . ~ c. , .._~.. _ , 2. 12" CLASS B ~ ~' _'' { , RIP RAP W/ TYPE 2 '_, w FlLTER FABRIC ~:".;•-'.'~. IVL; V = ~' !(!!~/ SCOUR HOLE CLIENT: DATE: 11-09-0 ~ T ~.~, DUKE REALTY CORPORATION DRAWN BY: TRS ~1 V L Engineering, Inc. NEUSE BUFFER IMPACT EXHIBIT CHECKED BY: BAR Civil Engineers & Land Surveyors 0 25 50 THE MARKET AT PERIMETER PARK y 117 CEN7REWEST CT. FBK: EAhibi~ ~ ~ CARY, NORTH CAROLINA I 27513-2ot5 TOWN OF MORRISVILLE UHF: o (919) 877-1998 (Bus WAKE COUNTY (919) 877-1998 F NORTH CAROLINA SCALE HOR 1"=50 FT. VER 1"= - FT. DITCH LIMITS Q IST. DITCH is J ~ TOTAL EXIS .DITCH IIMPACT LENGTH 788 LFI o ' ~ PROP. DITCH ~ ~ ST. DITCH j . PLUNGE r 1 1 / ST. DITCH ~ POOL/ ~ • II N GRADING ~ DISSIPATOR ~ ~ `, 9.0 PROPOSED / ~ (~ ~ ~ !L HEADWALL ~ , _ ~~~ -~:,. R.O.W. ~ R~ ROP. \ ~ ~ 1/=-•TM ( OP. I CONST. E~ T;y~' ~ ~ ,T ~~~ ~ %~ :: :r ~ 064.48 ~ ~ -- ~ ~ ~' ~- 3 r O ` ~ ' ti i ~ ' I y o ~ ' i W ~ = I I 2 NOV 2 8 2007 DENR -WATER CIUUAL~TY 0 7- 1 9 9 8 v~~s n~`^ S7TER BRANCH CLIENT: DATE: 11-09-07 ~' ~ T ~, DUKE REALTY CORPORATION DRAWN BY: TAG ,1 ~ ~ Engineering, Inc. DITCH IMPACT EXHIBIT CHECKED BY: BAR Civil Engineers & Land Surveyors o 25 50 CHAPEL HILL (HWY 54) ROADWAY WIDENING 117 CENTREWEST CT. FBK: Exhibit C CARY, NORTN CAROLINA 27513-2015 TOWN OF MORRISVILLE CHF: o (919) B77-1996 (eus) WAKE COUNTY (919) sn-199s FAx NORTH CAROLINA scnLE HOR 1"=5o Fr. VER 1"= - FT. Mteriael t-. t:astey, uovemor ~ Q William G. Ross Jr., Secretary . , of WATFfi p ~ ~oo~ North Carolina Department of Environment and Natural Resources ~~~'~ ~• ~-' Alan W. Klimek, P.E. Director ~_ Division of Water Quailty 0 ~ DENR -WATER QUALITY y,~LANDS AND STORMWATER BRANCH May 24, 2006 Q 7 -- ~ 9 g $ Mr. Steve Colbert Spangler Environmental, Inc. 224 Fayetteville Street Mall, Suits 400 1'.0. Box 387 Raleigh, NC 27602-0387 R~~`~I~,I~E~ h,r~r 3 0 200 D NBRRO Ot5-129 County: Wake BASIN: Neese X Tar-Pamlico (i5A NCAC 2B .0233) (15A NCAC 2B .0259) Buffer Determination X tali Project Name: Perimeter Park Addn -Morrisville LocationlDuections: Site is located to the east of N.C. Highway 54, ro the south of Emperor Boulevard, and to the north of Watkins Road in Morrisville. Subject Stream: TJ'I' to Stnru Iron Creek Date of Determination: 51810b l A ated L Located on Feature Start Buffer GPS Points (if provided) End Buffer Stream Form ppea Call oc on Soil Serve USGS Tao a hic A Subject at "start A" X Flag (confluence of ephemeral channel and channel from stormwater basin NOTE: Feature A previously determined to be subject on original tract {N13RR0 #06-033R). Origin of A tdentiiled on added parcel. N~~ct,Caro~ ~Vitliimll f sVattr Quality No i O 62$ M Re h,NC 27699 t628 Ra ea PAXe (919) 57t-4718 t-877-62 ~ 'SC h2o.enr.state.ne ntamat 1 Ccnter Service g An Equal Oppo~tun"dylAKrma[lve Acdon Empbyer - 50°k Recydedltlt% Post Consumer Paper ~_. 5/24/2008 Page 2 of 2 Tlris on-site deternrhrattorr s/call expire flue (S) yearsffont fire date ojtlrls letter. Latrdorvrrers or affected parties that dlspute a deternetnation n:ode by the DWQ or Delegated Local Authority first a surface water exists and that it is strbfect to flit buffer rule Wray request a deterrreinatlore by the Director. A request far a deternrbratlon by tl~e Director shall be referred to the Director ire wrltlrrg r1o Cyndl Karoly, DWQ Wetarrds/401 Urrlt, 2321 Crabtree Blvd., Raleigh, NC 27604 2260. l'rrdividuals that dlspute a determlrratlort by the DWQ or Delegated Local Arrtlrortty that "exempts" a surface water from the buffer rule n:ay ask for art ad Judicatory Irearlrrg. You nrrrst act rvlthin 60 days of the date that you receive tl:ls letter. Applicants are hereby notified that the 60-day statutory appeal time does riot start until flee affected party (including downstream seed adfaeerrt landowners) is noted of this dectslon. DWQ recommends that the appllca-rt cortdrrct tl~ls notification In order to be certabt that third party appeals are made ht a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 1 SOB ojthe North Carolh:a General Statutes to the Office of Adnrlnlstratfve Hearl-rgs, 6714 Mal! Service Center, Raleigh, N.C. 27699-6714. This determinatlon is final and bhrding unless you ask for a hearing within 60 days. The {owner/future owners) should notify the Division of Water Quality (includl-rg arry other Local, State, seed Federal Ager:ties) of this decislorr cotrcernl~rg mty future correspondences regardlrrg the subject property (stated above). This project nay regtdre a Section 404/401 Pernett for flee proposed activity. Ar~y irrgrrlries sl~orr)d be directed to the Dlvlsiorr of Wafer Quality (Central Office} at (919)-733-1786, acrd flit US Ar»ey Corp of Engln (Raleigh Regulatory Fteld Ojflce) at.{919)-876-8441. Bavirotunental Spec. III CC: File Copy Central Files DWQ Wetlands and Stotmwater Branch DWQ NPS Compliance and Assistance Branch Byron Brady -Wake County N Cazojj ~1i1'Qir North Carolina Division of \Vater Quality Raleigh Regional U(tice Surface Water Protection Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service FAX (919)571-4718 1-877-623-6748 An Equal OppoAunitylAffirtna6ve Anion Empbyer- 50% Recydedf 10% Post Consumer Paper • ,i ~, .. ,~, ... ~. ... H ~~7~.~A1~J~ +C~t3'~"~' etlo ~ ~ ~ ~ ~ t Approximate Location of Tentative Wetlands and Stream 2u FsyeMmtNe St WG suit woo ' ~ Port 019m Sox 38T 7800 Perknehf Pock ptNe per, ~ ~gg2.p38 Start 200 iAwrmvM4. Nottlt CraOne ~} .. .. (ptD) 5~8-076~ R..R Dinh ~X ~8~~