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HomeMy WebLinkAbout20051952 Ver 6_401 Application_20160404ENVIRONMENTAL SERVICES, INC 4901 TRADEMARK DRIVE RALEIGH, NC 27610 (919) 212-1760 • FAX (919) 212-1707 environmentalservicesinc.com March 30, 2016 Karen Higgins NCDWR 401 Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re: 401 WQC Request for Bella Casa -8C Apex, NC Ms. Higgins: D 12 (�'15W1 Ar� 04 2016 DEQ -WATER RESOURCES Enclosed please find an application for a wetland impact associated with Arcadia Ridge located in Apex, NC. The Town of Apex has previously conducted the necessary buffer review and determined that no buffers are present onsite. The Town of Apex is also responsible for the storm water plan review. A Section 404 application has also been submitted to the USACE. This submittal includes the $240 application fee and a CD with the full size plans. Please let me know if you have any questions or concerns. Thank you. Sincerely, Environment 1 Services, Inc. eff Harbour, PWS Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes . ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑Yes Q No 2. Project Information 2a. Name of project: Bella Casa Phase 8C 2b. County: Wake 2c. Nearest municipality / town: Apex 2d. Subdivision name: Bella Casa Phase '8C 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: JVI Development 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Joey loanne 3d. Street address: 2509 Southwinds Run 3e. City, state, zip: Apex, NC 27502 3f. Telephone no.: 919-387-6962 3g. Fax no.: 3h. Email address: joey@jviconstruction.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jeff Harbour 5b. Business name (if applicable): ESI 5c. Street address: 4901 Trademark Drive 5d. City, state, zip: Raleigh, 'NC 27610 5e. Telephone no.: 919-212-1760 5f. Fax no.: 5g. Email address: jharbour@esinc.cc Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 16. Property identification no. (tax PIN or parcel ID): 10721824493 1 b. Site coordinates (in decimal degrees): Latitude: 35.7058 Longitude: -78.9039 1 c. Property size: 15.8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Beaver Creek 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW 2c. River basin: Cape Fear 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: Property is currently undeveloped. Vicinity is primarily rural and residential. 3b. List the total estimated acreage of all existing wetlands on the property: 1 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 500 3d. Explain the purpose of the proposed project: Project will provide single-family homes as part of the Bella Casa development. Impacts result from a road crossing. 3e. Describe the overall project in detail, including the type of equipment to be used: A headwater wetland will be affected by a single road crossing to provide site access. Typical equipment will be used for this project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: PJD requested with this PCN 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jeff Harbour Agency/Consultant Company: ESI Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Town of Apex stream determination (#13-010) conducted by Mike Deaton on July 1, 2013 downstream from wetland impact area 5. Project History 5a. Have permits or certificationsbeen requested or obtained for this project (including all prior phases) in the past? DYes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. Previous phases of the Bella Casa development have used Nationwide Permits. Total impacts have not yet exceed the wetland/stream threshold. 6. Future Project Plans 6a. Is this a phased project? 0 Yes ❑ No 6b. If yes, explain. This current plan is Phase 8C of the Bella Casa development. It is currently unknown if there are any future phases. If so, up front consultation with the USACE will occur prior to any permitting. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Culvert Headwater Wetland Yes Corps 0.19 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.19 2h. Comments: Headwater wetland vegetated with red maple, tulip poplar, sweetgum, giant cane, and greenbriar. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g• Impact length (linear feet) S1 - Choose one - - $2 - Choose one - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - S6 - Choose one - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open wat'er•of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary, 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - ,Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction- proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. 5e. , Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded Filled' Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments 5h.' Is a dam high. hazard permit required? ❑' Yes ❑ No If yes, permit ID no-, 5i. Expected pond surface area (acres):. 5j.. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer,lmpacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. `If any impacts re vire miti ation,, then you MUST fill out Section D of this -form. 6a. Project is in which protected basin? 0 Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number. = Permanent (P) or Temporary 6c. Reason for•impact 6d' Stream name 6e. Buffer, mitigation required? 6f, Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 _ Yes/No,, 83 - Yes/No B4 Yes/No B5 Yes/No B6 - . Yes/No, 6h. Total Buffer Impacts: 6i. •Comments - Page 5 of 10 - D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Applicant is minimizing impacts as much as possible with the road crossing. Impacts cannot be completely avoided. The crossing will be designed to be the minimal size necessary while still capable of meeting the project's needs. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All appropriate erosion and sediment control measures will be used during the construction phase. These measures will be monitoried and maintained for the duration of the construction period. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? 0 Mitigation bank ❑ Payment to in -lieu fee program ❑X Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Cripple Creek Wetland Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Choose one Type: Choose one Quantity: Quantity: Quantity: Credits have not been purchased, u e attached a er indicates that up to 0.4 acres of credit a_r_e­av5`iI`55Ie for this project. 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. A total of 0.4 acre of compensatory mitigation is required to offset the impact. The applicant proposes to preserve the remaining 1.41 acres of forested wetlands within Bella Casa Phase 8C. This preservation, assuming a 10:1 ratio, should compensate for 0.14 acre of the required 0.4 acre of credit needed. The remaining 0.26 acre of credit will be purchased from the mitigation bank. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? El Yes ❑X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., ,payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)_ 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑X Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑R Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 38 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: We have collected stormwater runoff and directed it to one wet detention pond and one bioretention cell for treatment. The Town of Apex has reviewed our stormwater plans and is in the process of approving the plans. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Apex 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Town of Apex ❑X Phase II ❑ NSW 3b. Which of the following locally-implemented Stormwater management programs ❑ USMP apply (check all that apply): ❑X Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state-implemented stormwater management programs apply ❑ ORW (check all that apply): ❑Session Law 2006-246 ❑.Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Q Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8of10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," ,provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Municipal sewer Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or E] Yes Q No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes OX No Impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? ESI completed a habitat assessment plus a NHP database query. 6. Essential Fish Habitat (Corps Requlrement) 6a. Will this project occur In or near an area designated as essential fish habitat? ❑ Yes FX1 No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA-Fishedes 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that: the state, federal or tribal governments have designated a� having historic or cultural preservation E] Yes xO No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes © No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NO Floodmaps Applicant/Agent's Printed Name Date pp icant/Agerift Signature (Age 's signature is valid only If an authorization tetter from the applicant is rovided. Page 10 of 10 Statement of Mitigation Credit Availability ,Cripple Creek Stream & Wetland Mitigation Bank March 21, 2016 Mr. James Lastinger U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 Re: Availability of Compensatory Wetland Mitigation Credits Project: Manors at Bella Casa -Phase 8c We are providing this letter in accordance with 33 CFR §332.8(r), to confirm that .40 Riparian Wetland Mitigation Credits (Credits) from the Cripple Creek Stream & Wetland Mitigation Bank (Bank) are currently available and may be used, .once transferred, for compensatory mitigation relative to the Manors at Bella Casa -Phase 8c project, and as proposed by JVI Development (Applicant). The Applicant ;may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits 'at that time, we will complete and execute the Compensatory Mitigation Responsibility Transfer Form (Transfer Form) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Transfer Form to the Applicant, the Bank's US Army Corps (USACE) Project Manager and, if needed, other regulatory agencies. In addition, we will provide USACE with an updated copy of the Bank's Ledger, reflecting the transaction. Transaction information in the updated Bank Ledgerwill include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9123. Sincerely, Tiffani Bylow Restoration Systems, LLC ••• s +jfjj((77TXJ ���CQ1T1Tl�� M1= Project Study Area 'Location and Extent is approximate. 0 500 1000 MMMMMONOMW Feet Source 2011 National Geographic Society/ESRI icubed seamless USGS quadrangles 3 (New Hill. NC) •!- Project Boundary approximated by ESL Disclaimer: Information represented on this map was derived from secondary data sources and is to be used for general planning purposes only No warranties or representations of accuracy are expressed or implied. '.1GeoGma Projects12016\0575GIS�tg topo mxd Date: 324i2016 12:36.01 PM 'i 'Foy �r�»�I Representative Photo of onsite wetland at Bella Casa Phase 8