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HomeMy WebLinkAbout20052070 Ver 3_Final BA Application_20160414 Strickland, Bev From:Deborah Shirley <dshirley@sandec.com> Sent:Thursday, April 14, 2016 2:35 PM To:Strickland, Bev Cc:Montalvo, Sheri A Subject:Weavers Pond Greenway BA Application Attachments:FINAL BA Application_Weavers Pond Greenway_04-14-16.pdf Hey Bev, See attached Buffer Authorization Application that was couriered over today. Scanned and ready for your upload! Let me know if you need anything else! Debbie Debbie Edwards Shirley Environmental Specialist Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 919-846-5900 (office) 919-673-8793 (mobile) www.SandEC.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you.  THINK BEFORE YOU PRINT 1 Environmental Consultants, 8412 Palls of Neuse Road, Suite 101, Raleigh, NC ^_7615 • Phone: (919) 846-5900 sandec.com April 14, 2016 S&EC Project # 8713.W6 To: NC DWR, 401 & Buffer Permitting Unit Attm Karen Higgins Archdale Building — 9'" Floor 512 North Salisbury Street Raleigh, NC 27604 From Deborah E. Shirley Soil & Environmental Consultants, PA Re RIPARIAN BUFFER AUTHORIZATION REQUEST ONLY Weaver Pond Greenway Zebulon, Wake County, NC On March 31, 2016, a conversation took place with Chern Smith with the NC Division of Water Resources regarding this project. Cherri requested that this application be submitted as a request for a new Riparian Buffer Authorization, not a new version of an existing project As such, please find attached a complete application and supplemental information requesting a No Practical Alternatives review for Neuse Riparian Buffer impacts from the NC Division of Water Resources. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Weavers Pond Greenway Project Type Greenwa Owner I Applicant Weavers Pond Development Co. LLC County Wake Nearest Town Zebulon Waterbody Name Beaverdam Creek Basin & HUC Neuse; 03020203 Index Number 27-862-3 Class C, NSW IMPACT SUMMARY Stream Impact (acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Stream Impact (linear feel): 0 Total Riparian Buffer Impact (square feet): Zone 1: 316 ;Zone 2: 13,438 Attachments: Riparian Buffer Authorization Application Form Weavers Pond Greenway Overall Plan-IM.1 Agent Authorization Form Impact Exhibit -Buffer Impact Sheet -IM -2 USGS Topographic Map NRCS Soil Survey Map Surface Water Determination letter-NBRRO#14-141 Copy of Recorded Map Zebulon Greenway Master Plan DWR State of North Carolina Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (B)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information la. Name of project. Weavers Pond Greenway tb. County: Wake ic. Nearest municipality: Zebulon Id. Subdivision name: Weavers Pond le. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer tf below. ❑ Yes ® No If 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: David Berry 2b. Deed Book and Page No. Deed Bk 14947. Deed Pg: 1191 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the /of was created): See Attached 2d. Responsible Party (for Corporations): Weavers Pond Development Co.. LLC 2e. Street address: 9407 Barton's Creek Road 2f. City, state. zip: Raleigh, NC 27615 2g. Telephone no.: 919-604-1928 2h Fax no. N/A 2i. Email address: davidC&futrellurocertv.com 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: 4. Agent/Consultant Information (if applicable) 4a. Name: Deborah E. Shirley 4b. Business name (if applicable): Soil & Environmental Consultants. PA 4c. Street address. 8412 Falls of Neuse Road, Suite 104 4d. City, state, zip: Raleigh, NC 27615 4e. Telephone no.: 919-846-5900 4f. Fax no.: 919-846-9467 4g. Email address: dshirlev(cbsandec.com FORM: BA 10-2013 Page 1 of 4 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 1796-77-6326 8 1796-79-6490 1b. Site coordinates (in decimal degrees): Latitude: 35.8581 Longitude: -78.3301 1c. Property size: 1173 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Beaverdam Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 27-86-2-3 2c. River basin: Neuse Basin 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 existing conditions on site are a partially developed residential community. Phases 1 & portions of Phase 2 have been completed. The general land use in the vicinity of the project is primarily wooded, some agricultural and residential. 3b. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 4,294 linear feet 3e. Explain the purpose of the proposed project: The purpose of the project is to construct a portion of the Zebulon Master Greenway that is located within the Weavers Pond Subdivision. Please see attached "Zebulon Greenway Master Plan". 3f. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of an asphalt & boardwalk greenway within the riparian buffer from the sidewalk at Pippen Road to the future Street A cul-de-sac. Equipment to be used will include typical equipment used for land clearing & construction. 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: project (including all prior phases) in the past? 4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: Soil & Name (if known): Steven Ball Environmental Consultants, PA Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Property was delineated in 2004 and then again in 2013 by S&EC. USA CE site visit verifying jurisdictional areas conducted on September 5. 2013 with James Lastinger (AID# SAW -2013-01731). A NCDWQ Neuse Buffer determination was conducted on June 23. 2004 with Michael Horan (NBRRO #04-0211), an updated NCDWR Neuse Buffer determination was conducted on June 6. 2014 with James Graham (NBRRO #14-141). 5. Project History 5a. Have permits or certifications been requested or obtained for this ❑ Yes ® No' ❑ Unknown. project (including all prior phases) in the past? 5b. If yes, explain and detail according to "help file" instructions. 'In discussion with Chem Smith, since riparian buffer impacts are not considered cumulative, it was requested to keep this buffer impact request separate and for it to be issued a new DWR No. Yes. previous 404 & 401 has been issued for impacts to streams & wetlands. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ®No 6b. If yes, explain. FORM: BA 10-2013 Page 2 of 4 C. Proposed Impacts Inventory Impact Justification and Mitigation 1. Avoidance and Minimization la. 1. Buffer Impacts lb, Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proposed greenway grades are designed to minimize required fill within the riparian buffer to the maximum extent practicable. 2. Buffer Mitigation la. Project is in which protected basin? Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ® Neuse ❑ Tar -Pamlico ❑ Catawba Randleman Jordan El Goose Creek tb. Individually list all buffer impacts below. If any impacts require mitigation, then you MIUST fill out Section D of this form. Buffer impact number - Permanent (P) or Temporary T Reason for impact Type of impact (exempt, allowable, allowable wl mitigation) Stream name Buffer mitigation required? Zone 1 impact (sq ft) Zone 2 impact (sq it) 81(#1) ®P ❑ T Greenway Allowable UT to Beaverdam Creek ❑ Yes ® No 316 13,438 B2❑P❑T If no, then discuss what type of mitigation is proposed. 2f. Comments: ❑Yes ❑No 83 ❑ P❑ T ❑ Yes ❑ No B4❑p❑T ❑Yes NO Total buffer impacts 31613,438 1c. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The greenway is being required by the Town of Zebulon. Existing residential lots limit greenway location. Minimal impacts to Zone 1 needed to raise the grade of greenway to meet the required elevation of the proposed boardwalk that is needed at existing level spreader location. lb, Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proposed greenway grades are designed to minimize required fill within the riparian buffer to the maximum extent practicable. 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 Multiplier Required mitigation (square feet s uare 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? ❑ Yes ❑ 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: BA 10-2013 Page 3 of 4 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse Row or other form of ❑ Diffuse flow stonnwater 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. la. If due to site constraints, a BMP other than a level spreader is proposed, please provide a ❑ Yes ® No plan for slormwaler treatment as outlined in Chapter 8 of the NC Stormwater BMP public (federal/state) land? Manual and attach a BMP Supplement Form. 1 b. 'Combination of other BMP's & level spreaders have been utilized around the project. ❑ Yes ❑ No This portion where the greenway is being constructed (i.e. Phase 2D) is existing and the environmental document pursuant to the requirements of the National or State (North project engineer is proposing to extend the existing pipes under the greenway. F. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of ❑ Yes ® No 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 Slate ❑ 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): IC_­Aoril 14, Deborah E. Shirley C L L lx(t 2016 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature R valid only if an authpnZaeon letter from the ¢an s povxled Send this completed form and accompanying documents to the following: For government transportation projects sem For government transportation projects sent by First Class Mail via the US Postal Service. by delivery service (UPS, FedEx, etc.): NC DWR, Transportation Permitting Unit OR INC DWR, Transportation Permitting Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 Fur all other projects sent by First Class Mail t iu the US Postal Service Karen Higgins NCDWR — 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 - 1650 FORM: BA 10-2013 For all other projects .sent by delivery service (UPS. FedEx. etc.): OR Karen Higgins NCDW R — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 Page 4 of 4 Name: Environmental Consultants, PA Road • Raleigh, Nodi Carolina 27614 • Phone: (9M 846.5900 • Fax: (919) 846-9467 w .SaadEC.com AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner ,/c Pev,l 'f�.�Glr,,,nr,i� (o Z - Address: gi107IJGi/EItS UyQ Phone: Project Name/ Description: Date: The Department of the Army US. Army Corps of Engineers, Wilmington District P.O. Box 1690 Wilmington, NC 29402 Attra Field Office: Re: Wetlands Related Consulting and Permitting To Whom It May Concern: S&EC Project M �d,-1 1, the current proper1y owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplpfnental info Tation in support of applications, etc. from this day forward. The �� day of 11) 3 . 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 C ou should call S&EC to arrange a site meeting prior to visiting the site. / �z �y Print Property Owner's Name Property Owner's Signature GL L cc: Ma. Karrn Higgiru a: qtr. strum Bnli NCDENR - DWQ WtSCAPe Soil 6 Envuonmental Cemultants, PA Archdale Building 512 N. Salisbury Street, 9" floor Raleigh, NC 27661 Ir � .. 1 � i i III i•' Protect No. 8713..w3 Protea Mgr i, = 2.000 8/1Q13 �f 1 Buffered stream segment where greenway '.. proposed tc be located M Figure I - I :24K U5G5 Topographic Quadrangle Weavers Pond Wake County, NC Zebulon Quad G Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 8465900 • (919) 8469467 Web Page: www.SandEC.com 1�,•�CQ� �� . -.� A�ZA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor S&EC. Steven Ball 8412 Falls of the Neuse Suite 104 Raleigh, NC 27615 Determination Type' . Buffer Cell June 18. 2014 Isolated or EIP Call John E. Skvarla, III Secretary 01 2014 FySol lifr..•rrrt",1..� WCL Subject: Buffer Determination N BRRO# 14-141 Wake County — ®Neuse (15A NCAC 28.0233) 1 r ❑ EphemeraUlntermittentlPerennial Determinetion Tar -Pamlico (15A NCAC 2B .0259) ( O Isolated Weiland Determination -- 0 Jordan (15A NCAC 28:0267)_ _ I --- — __ --- -- — — — J Project Name: Weavers Pond - ---- — L,ocationMirections: property is located north of Wake field off of Pippin Road Subject Stream: UT to Beaverdam Creel -- Determination Date: June 6, 2014 Staff: James Graham N� hCarolina �VafurR& North Carolina Division of Water Resources 1628 Mall Service Center Raleph• NC 276991628 Phone (919) 791 A200 Internet wm'+/ nmatereualitr or➢ Barrett kNC09 Fax (9 19)785-7159 p opponuntllft amAcWEmp� SRcyeed'0%POY,Cmw=' P'P" Weavers Pond Wake County June 18, 2014 Page 2 of 2 Explanation: The fcature(s) Isted above has or have been located on the Soil Survey of Wake County, North Features that are checked Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream c r �h�present es that qua � property. to be a �e� There may be --Subject" have been located on the property other streams located be on )'our property that do not show up on the maps referenced above but, still may oche i streams located fictional according to the US Army Corps of Engineers andj'or to the Division of Water Resources con (DW R). This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that t a determination by the dispute a determination made by the DWR or Delegated Local sof date of this lettemay r or from the date the affected Director. An appeal request must be made within sixty ( ) y DWR WeBSCePe Unit, 1650 Mail Service party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination y e Director shall be referred to the Director in writing c/o Karen Higgins, Center, Raleigh, NC 27699. detailed above, you ask for a hearing or appeal within sixty (60) This determination is final and binding unless, as days. (including any other Local, State, and The ownerlfuture owners should notify the Uicision of N1ater Resources ( g stated Federal Agencies) of this decision concerning any future correspondences regarding the subject property above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-0884. if you have questions regarding this determination, please feel free to contact James Graham at (919) 791 4256. R tfully. �r 9 nn� Danny Smith, Supervisor Water Quality Section Raleigh Regional Office cc: RROISWP File Copy � ,fir" .. .� ,. 1,l / IR -y ,�� . �►.� S& EC 1a. l:�ss>wElkEkiiii8ll.ii:lt!lEEilHflEE»E�E:9:EE� > . »�E:�«i�n."„s��:�by���_'+ -„,.,„eerf•�rteam,�>rem,ns:m�rMx�n.�,�m+nsn�nsn��mHbmam��a�i!•!!!t!!!';f.;S^S �ii=,6"e sp y �j ge bcood a�ti ii ,�u 'Y pp ilv to a f _-- - I , t I e gb ffjj f pp --- , \ ,. t. c i I I p �3 3 {yy j6} t di f3 as a6b a 1}`E�j file ,„....., `Ii Q Ma s4E;ar! -- 1 r *a ' ap a ad” d �' ' --- �,�„ •� f'+; g ilia �l 5y=% 4s ��E gg� �B' ���ae7 \� �� !!Ct � i I, 1' `\� �i_�,,J�87pryj, 1 •ty"1j Y�i''� °!. Llai Rg "+•—.....r. ,a 11 till lix ill lit Z6MMdgoozweNe This is the portion Iof greenway they ' are requiring us to build _ �ttRAVEtrsroMDi -I ' I � � WMWA+tKWSCtoft S r t •. 2 �: BOYS L GNRS d _ cwe� iIEM. Et/f1111E �— co, MIDDLE rc-li ' AESEwIroM - IAMEY -r r SCHOOL . WALMAAT 'to RIDGE cE cEAxo SMIIM gJNE •• �� � I IntAEMAe ti is••'oowwtowM. •..• '•••••:,, •_—^',. � + •. �., . ,.• rWOW wMMUMm -- 1 I' '• �'• •••'• MIIXLCEMtEa eo r' • 00 ,� ' J . 00e- -� �► ' 2_ ,J I /.0 I ..*� V� a W N L Q f Z LLJW l7 0 W N Mar 7, 2015 CORRIDOR MAP Master Plan LEGEND: Zebulon ET) Stream / River f I Pond/Lake Existing Public Open Space Industry Q Five County Stadium Proposed Greenways / Utility Easements Proposed Greenways / No Easements ..... Bicycle / Pedestrian I Improvements The total length of corridors is approximately 21.5 miles, which excludes roadside improvements in the downtown area as well as the blueway along the Little River. This distance also excludes any part of Corridor 7 outside of Zebulon's ETJ. ® OHSUlI1H Executive Summary 13 LACE= ,DRIVE EXISTING PHASE SUMMARY Of IMPACTS "PACT SHEETI F NAME BUFFER I1►ACTE ZONE ZONE 1 I11.2 316 SF (0.007 AC) 13,436 SF (0.308 AC) TOTALS 1 316 SF 0.007 AC li 13,46 SF 0.308 AC LACE= ,DRIVE EXISTING PHASE OF WEAVERS POND SUBOMSION E Ir I LACE= ,DRIVE EXISTING PHASE OF WEAVERS POND SUBOMSION E ( WEAVERS POND CREENWAV Ir ' L --_ -- --- y �� ---- --_�� DpHN IMPACTAREAI T-�-f - �,n�I �N` SEE SHEET IM.2 1 I 1 1 1 1 I l -J_--1-_ e EXISTMG PH/SE OF WEAVERS POND SUBDMSION �y4 rT1Ma� NOb WEWM VIM NORTH f E11E Q 4�'tN0 TAA 9 wy A6I� g�. US yM N� MONA\Y .7 VICINITY MAPNTS 0 200 SCALE:1 "-200' PLD Piedmont Land Design LLP !su �lmFRear uld!►ic ncls Tdllll%1610 Fullll4i.Tlt3 Q zQ w Z LU J O Ir 0 a 0 U Z = O ''a O Vl Z m Z W O Q J w m N APPLICANT: WEAVERS POND DEVELOPMENT CO., LLC 8007 CADENCES DRIVE RALEIGH, NC 27615 (919)604-1928 (PHONE) ATTN: DAVID BERRY PROJECT: FDGWP3 DATE: 12 APR 2016 SCALE: 1"=200' DWG. # I M. / ZONE 2 ZONE i i Ulow %DER EXISTING LEVEL 7 \ '�--SPREADER x A/�1ii�'�j1 °•ZONE 2 ZONE 1 / ZONE 2 i EXISTING LEVEL SPREADER _ _ TO FUNCTION I ZONE 1 z ZONE 2� M c N -- - RIPARIAN BUFFER RIPARIAN BUFFER 1���illl � lit ZONE 2 ZONE 1 1 ZONE 1 W ZONE 2�� n x LEGEND—IMPACT AREA 1 ®PERMANENT BUFFER ZONE 2 IMPACT 13,438 SF (0.308 AC) aPERMANENT BUFFER ZONE 1 IMPACT 316 SF (0.007 AC) N ItW Q w a a 0 50 NORTH SCALE:1 "-50' PLD Piedmont band Design, LLP 85R 204 Su Forts Mil u*l[ Ml5 Td 919945.9600 Fal19167M APPLICANT: WEAVERS POND DEVELOPMENT CO., LLC 8007 CADENCES DRIVE RALEIGH, NC 27615 (919)604-1928 (PHONE) ATTN: DAVID BERRY PROJECT: FDCHP5 DATE: 12 APR 2016 SCALE: I"=50' DWG. #I M.2 a Z a Z W W J O 'O^C V Q O U Z = a o Z � Z > O W W 'S N APPLICANT: WEAVERS POND DEVELOPMENT CO., LLC 8007 CADENCES DRIVE RALEIGH, NC 27615 (919)604-1928 (PHONE) ATTN: DAVID BERRY PROJECT: FDCHP5 DATE: 12 APR 2016 SCALE: I"=50' DWG. #I M.2