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HomeMy WebLinkAbout20180046 Ver 1_Riparian Buffer Authorization_20180108■■WithersRavenel IVOur People. Your Success. January 5, 2018 NC -Division of Water Resources 401 & Buffer Permitting Unit Attn: Ms. Karen Higgins 1617 Mail Service Center Raleigh, North Carolina 27699 Re: Charleston Village Greenway Connector - Riparian Buffer Authorization Request Apex, Wake County WR # 02170815.00 Dear Mr. Ms. Higgins, On behalf of the Town of Apex, we are requesting Buffer Compliance from the NCDWR for 2,659 sq ft of permanent impacts to Jordan Lake Riparian Buffers for construction of the Charleston Village Greenway Connector project. The project area is located between the Charleston Village Subdivision (Castleburg Drive) and Sutton Place Subdivision (Hill Hollow Way) in Apex (35.762683°N; -78.864486°W). The prposed greenway connector will cross a UTto Beaver Creek. The project is located in the Cape Fear/Jordan basin and onsite waters drain to Beaver Creek. The Water Quality Classification for Beaver Creek is WS -IV; NSW and the Stream Index Number is: 16-41-10-(0.3). The cataloging unit for the site is 03030002. Proposed Project The proposed project consists of construction of a greenway trail connector that will connect the Charleston Village greenway and Sutton Place greenway. Both greenways currently terminate on opposite sides of the stream. The proposed connector will provide a connection between the two greenways, allowing pedestrian and bike traffic to access both greenways, thereby expanding the greenway network. The greenway connector has been designed to utilize an elevated boardwalk to cross the stream to avoid stream impacts entirely. Project History WithersRavenel conducted a wetland delineation for the proposed greenway connector alignment in December 2017. The delineation determined that there are no wetlands within the alignment, and the only jurisdictional feature is a buffered stream. Since the stream crossing will consist of an elevated boardwalk, thereby avoiding stream impacts, a formal Jurisdictional Determination is not required as there are no proposed impacts to jurisdictional features. 219 Station Road, Suite 101 1 Wilmington, NC 28405 910.256.9277 1 www.withersravenel.com I License No. C-0832 Cary I Greensboro I Pittsboro I Raleigh I Wilmington WithersRavenel Our People. Your Success. Additionally, a formal buffer determination from NCDWR is not required as subjectivity to riparian buffers is obvious and conceded. Proposed Impacts The proposed impacts consist of 2,659 sq ft of permanent impacts to riparian buffers (Zone 1:1,527 sq ft; Zone 2: 1,132 sq ft) for the construction of the greenway connector. Avoidance and Minimization The proposed greenway connector has been designed to cross the riparian buffers at a perpendicular angle to minimize impacts to buffers. Also, the actual stream crossing will be bridged to avoid impacts to the stream. Mitigation Greenway trails are classified as "Allowable" and do not require mitigation. The current request is for 2,659 sq ft of permanent impacts to riparian buffers (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely WithersRavenel Troy Beasley Senior Environmental Scientist Attachments: • PCN Form • Agent Authorization • Property Owner Information Exhibit • Aerial Exhibit • USGS Quad Map • Wake County Soil Survey • Impact Exhibits Page 2 of 2 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 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1a. Name of project: Charleston Village Greenway Connector 1 b. County: Wake 1c. Nearest municipality: Apex 1d. Subdivision name: Charleston Village 1e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer 1f below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: See Attached Property Owner Information Exhibit 2b. Deed Book and Page No. 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): 2d. Responsible Party (for Corporations): 2e. Street address: 2f. City, state, zip: 2g. Telephone no.: 2h. Fax no.: 2i. Email address: 3. Applicant Information (if different from owner) 3a. Applicant is: ❑ Agent ® Other, specify: Town of Apex 3b. Name: Angela Reincke - Parks Planner & Land Acquisition Specialist 3c. Business name (if applicable): Town of Apex 3d. Street address: 53 Hunter Street 3e. City, state, zip: Apex, NC 27502 3f. Telephone no.: 919-372-7468 3g. Fax no.: 3h. Email address: angela.reincke(&apexnc.org 4. Agent/Consultant Information (if applicable) 4a. Name: Troy Beasley - Senior Environmental Scientist 4b. Business name (if applicable): WithersRavenel 4c. Street address: 219 Station Road, Suite 101 4d. City, state, zip: Wilmington, NC 28405 4e. Telephone no.: 910-509-6512 4f. Fax no.: 4g. Email address: troybeasley@withersravenel.com FORM: BA 10-2013 Page 1 of 5 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PINs: 0743025948, 0743020561 & 0743021481 1 b. Site coordinates (in decimal degrees): Latitude: 35.762683°N Longitude: -78.864486°W 1 c. Property size: N/A — Linear Project 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Beaver Creek (Stream Index: 16-41-10-(0.3) 2b. Water Quality Classification of nearest receiving water: WS -IV, NSW 2c. River basin: Cape Fear (Jordan) — HUC: 03030002 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 proposed greenway connector alignment will be located within undeveloped woodlands. The general land use in the vicinity consists of residential land use. 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: ±50 If within project limits 3e. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a connector between the Charleston Village greenway and Sutton Place greenway. Both greenways currently terminate on opposite sides of the stream. The proposed connector will provide a connection between the two greenways, allowing pedestrian and bike traffic to access both greenways, thereby expanding the greenway network. 3f. Describe the overall project in detail, including the type of equipment to be used: The project consists of construction of 10 ft wide paved greenway trail, which will utilize an elevated boardwalk to avoid impacts to the stream. Typical commercial construction equipment and techniques will be used to construct the project. 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: Name (if known): Martin Richmond WithersRavenel Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. WithersRavenel conducted a wetland delineation for the proposed greenway connector alignment in December 2017. The delineation determined that there are no wetlands within the alignment, and the only jurisdictional feature is a buffered stream. Since the stream crossing will consist of an elevated boardwalk, thereby avoiding stream impacts, a formal Jurisdictional Determination is not required as there are no proposed impacts to jurisdictional features. Additionally, a formal buffer determination is not required as subjectivity to riparian buffers is conceded. 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. FORM: BA 10-2013 Page 2 of 5 B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. FORM: SSGP3080 8-13 Page 3 of 5 C. Proposed Impacts Inventory Impact Justification and Mitigation 1. Avoidance and Minimization 1. Buffer Impacts Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Due to the nature of the project being connecting existing greenways on opposite sides of the stream, impacts could not be avoided. The greenway trail connector has been designed to cross the stream and buffers at a perpendicular angle in order to minimize buffer impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The greenway connector will utilize an elevated boardwalk to cross the stream, thereby avoiding stream impacts. Silt fencing will be installed around all disturbed areas, and construction access will occur through high ground. 1a. Project is in which protected basin? Buffer Mitigation ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ 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. ❑ Randleman ® Jordan ❑ Goose Creek 1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Zone 2 1.5 Buffer impact Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number— impact (exempt, allowable, 2e. mitigation impact impact Permanent (P) allowable w/ mitigation) required? (sq ft) (sq ft) or Tempora T Impact 1 Greenway Trail Allowable UT to Beaver ❑ Yes ® No 1,527 1,132 ® P ❑ T Creek Total buffer impacts 1,527 1,132 1 c. Comments: The proposed impacts will occur from construction of a 10' wide greenway connector, which is "Allowable". D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Due to the nature of the project being connecting existing greenways on opposite sides of the stream, impacts could not be avoided. The greenway trail connector has been designed to cross the stream and buffers at a perpendicular angle in order to minimize buffer impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The greenway connector will utilize an elevated boardwalk to cross the stream, thereby avoiding stream impacts. Silt fencing will be installed around all disturbed areas, and construction access will occur through high ground. 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact (square feet Multiplier Required mitigation (square feet Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 2c. If buffer mitigation is required, is payment to a mitigation bank or NC EEP proposed? ❑ 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 4 of 5 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ❑ Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. maintained. 1 a. If due to site constraints, a BMP other than a level spreader is proposed, please provide a ® Yes ❑ No plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP public (federal/state) land? Manual and attach a BMP Supplement Form. 1 b. F. Supplementary Information by First Class Mail via the US Postal Service: 1. Environmental Documentation OR NC DWR, Transportation Permitting Unit 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of ® Yes ❑ No Raleigh, NC 27604 public (federal/state) land? For all other projects sent by delivery service 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ® No OR Karen Higgins environmental document pursuant to the requirements of the National or State (North NCDWR — 401 & Buffer Permitting Unit 1650 Mail Service Center Carolina) Environmental Policy Act (NEPA/SEPA)? Raleigh, NC 27699 - 1650 1 c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ❑ Yes ® No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Troy Beasley — Authorized Agent l �� WithersRavenel 01/05/18 Date Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the apoicant is rovided. Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent For government transportation projects sent by First Class Mail via the US Postal Service: by delivery service (UPS, FedEx, etc.).- tc.):NC NCDWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 For all other projects sent by First Class Mail For all other projects sent by delivery service via the US Postal Service (UPS, FedEx, etc.).- tc.):Karen KarenHiggins OR Karen Higgins NCDWR — 401 & Buffer Permitting Unit NCDWR — 401 & Buffer Permitting Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 FORM: BA 10-2013 Page 5 of 5 ■■ WithersRavenel .. Our People. Your Success. AGENT AUTHORIZATION FORM ■■ WithersRavenel N. Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned municipality, Town of Apex (Client) does hereby appoint WithersRavenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Charleston Village Greenway Connector Proiect.which will connect the existing greenway within the Charleston Village Subdivision (Castleburg Drive) to the existing greenway within the Sutton Place Subdivision (Hill Holloway Drive). The proposed greenway connector will be located on PINs: 0743021481.0743025688 & 0743025948. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Date: Signature of Client: (Name- Print) (Title) Cary, NC 27511 (Signature) Tel. (919)-469-3340 Mailing Address City State Zip Phone: Email: 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C-0832 Cary I Greensboro Pittsboro I Raleigh I Wilmington ::WithersRavenel Our People. Your Success. PROPERTY OWNER INFORMATION EXHIBIT PIN#: 0743025948 SUTTON PLACE PROPERTY OWNERS ASSOCIATION INC 11010 RAVEN RIDGE ROAD RALEIGH, NC 27614 PIN#: 0743020561 CHARLESTON VILLAGE HOMEOWNERS ASSOCIATION INC 315 S. SALEM STREET APEX, NC 27502 CHARLESTON VILLAGE GREENWAY CONNECTOR GRAPHIC SCALE 0 75 150 1 inch = 150 ft. PROPOSED GREENWAY I— PIN#: 0743021481 CHARLESTON VILLAGE HOMEOWNERS ASSOCIATION INC 315 S. SALEM STREET APEX, NC 27502 AERIAL - 2013 WithersRavenet 1/ Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. AERIAL EXHIBIT GRAPHIC 0 75 15 Y' • _ .. 1. _ -: moi. � �� A � 1 A 1 , :� i A �► � � PR P S D GREENWAY�- -` SAVER CREE i ::WithersRavenel Our People. Your Success. USGS QUAD MAPS (2013) r' GRAPHIC SCALE 0 75 150 1 inch = 150 ft. Wolf— PROPOSED GREENWAYR r Ar f i' t Aw• J? ID i.` A M7 CHARLESTON VILLAGE 40 WithersRavenet GREENWAY CONNECTOR USGS QUAD (2013) - CARY 1p Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. WAKE CO. SOIL SURVEY (1970) Y Af Ar w *" GRAPHIC SCALE 0 75 150 1 inch = 150 ft. LJ OrC CHARLESTON VILLAGEI I USGS QUAD (2013) - CARY 1� WithersRavenet GREEN WAY CONNECTOR Q Engineers I Planners I Surveyors APEX WAKE COUNTY NORTH CAROLINA 1. ::WithersRavenel Our People. Your Success. IMPACT EXHIBITS / / e�P/ rz P5 SUTTON PLACE PROPERTYOWNE' / v ASSOC. INC. Q PIN. 0743-09 D.B. 12126, / w BM 2006. 44 50' ZONE 3I / / 20'ZONE 2 / 30' ZONE 1 NAIL SET -BENCHMARK AN. 732,722.03 E: 2,040,26728 E Z. 369.18 .� / A FEMA 100 YR FLOODPLAIN QIP ----------- - _ / EXISTING TOP OF BANK ' / Pie j e/ �� Is E ZONE 1 ZONE 2 1,527 SF 1,132 SF 0.035 AC 0.026 AC 30' ZONE 1 20' ZONE GRAPHIC SCALE / 40 0 20 40 80 50'ZONE3 / ' _ /x Ilk 1 inch= 40 ft. L 7C a F— u a z C w0 u Q u J_ L1J i Z z0 Oul Q LU3 J Q W =w U� Z. m I ,I i I 1 I % EXISTING SUTTON PL/ ASPHALT GREENWAY '000, / PERMANENT PERMANENT ALARI l I / ZONE 1 IMPACT ZONE 2 IMPACT PROPOSED CONCRETE IMPACT# (SF) (SF) OR ASPHALT GREENWAY / I I / ' 1 1,527 1,132 op /� TOTALS 1,527 1.132 // PROPOSED BOARDWALK 10 EXISTING TOWN OF APEX 0 GREENWAY EASEMENT I I PROPOSED CONCRETE ----- . . ........... EXISTING TOP OF BANK OR ASPHALT GREENWAY , EXISTING CHARLESTON VILLAGE ASPHALT GREENWAY 2 E CL F- u a 0