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HomeMy WebLinkAbout20171631 Ver 1_More Info Received_20180315Goss, Stephanie From: Heather Smith <hsmith@ecologicaleng.com> Sent: Wednesday, March 07, 2018 9:31 AM To: Goss, Stephanie Subject: RE: [External] RE: Applewood Townhomes Attachments: Applewood Townhomes Permit Drawing Inset 2 20180307.pdf, Applewood Townhomes Permit Drawing Inset 1 20180307.pdf, Applewood Townhomes PCN Revised 20180307.pdf Stephanie, Attached is the revised PCN, an overview permit drawing, and two insets. Inset 1 depicts an increase in temporary stream impacts to 23 LF and the associated buffer impacts for the sewer installation and easement. The increase in the temporary stream impact is due to S&EC measures. Inset 2 shows where they changed the type of stormwater device, the impacts are the same. Inset 3 had no changes and was not updated. Thank you for all your help on this permit! Heather Smith, LSS, Environmental Scientist ECOLOGICAL ENGINEERING, LLP 1 1151 SE Cary Parkway, Suite 101, Cary, NC 27518 p919.557.0929 I c919.999.0275 I htro://wwwecologicaleng.com From: Goss, Stephanie[mailto:stephanie.goss@ncdenr.gov] Sent: Wednesday, March 07, 2018 7:55 AM To: Heather Smith Subject: RE: [External] RE: Applewood Townhomes Heather, I have not heard anything about this project since the last time you and I discussed it before you left for vacation. Stephanie Z. Goss Environmental Senior Specialist Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4256 E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties From: Heather Smith [mailto:hsmith@ecoloeicalene.coml Sent: Monday, March 05, 2018 10:48 AM To: Goss, Stephanie <steohanie.aoss@ncdenr.gov> Subject: RE: [External] RE: Applewood Townhomes FORMT09 6fc is mks or open attachments unless' 'S'email as an attachment to Stephanie, Did you get an answer about how to revise the PCN for the buffer impact? Thanks, Heather Smith, LSS, Environmental Scientist ECOLOGICAL ENGINEERING, LLP 11151 SE Cary Parkway, Suite 101, Cary, NC 27518 p919.557.0929 I c919.999.0275 I http://www ecolo ic�g com From: Goss, Stephanie [maiIto: stephanie.gossiaincdenr.aovl Sent: Monday, February 19, 2018 1:07 PM To: Heather Smith Subject: RE: [External] RE: Applewood Townhomes Thank you Heather. Stephanie Z. Goss Environmental Senior Specialist Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4256 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Heather Smith [mailto:hsmith@ecoloeicalene.coml Sent: Friday, February 16, 2018 10:22 AM To: Goss, Stephanie <stephanie.aoss@ncdenr.aov> Cc: bill@wvnnhomes.com Subject: [External] RE: Applewood Townhomes External o Do not click links or open attachments unless verified. Send all suspicious email as an attachment to s Stephanie, I received verification from the USACE for the permit type. Please find the attached response to your request. Let me know if you need anything else. Thanks, Heather Smith, LSS, Environmental Scientist ECOLOGICAL ENGINEERING, LLP 1 1151 SE Cary Parkway, Suite 101, Cary, NC 27518 p 9'19.557.0929 I c 919.999.0275 '(.http://wwiv.ecola ick aleng.com From: Goss, Stephanie [mailto:stephanie.goss ncdenr.aov] Sent: Friday, January 26, 2018 9:31 AM To: Heather Smith Cc: bill@wynnhomes.com Subject: Applewood Townhomes Heather, This project has been put on hold. Please see .the link below to view the Request For Additional Information letter: http://edocs,deg.nc.gov,/WaterResources/0/doc/623705/Pagel.aspx If you have any questions, please'do not hesitate to contact me. Stephanie Z. Goss.. Environmental Senior Specialist Division of Nater Resources Raleigh Regional Office 380o Barrett Drive Raleigh, NC 276og 919-791-4256 . E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and maybe disclosed to third parties Goss, Stephanie From: Heather Smith <hsmith@ecologicaleng.com> Sent: Thursday, February 22, 2018 10:10 AM To: Goss, Stephanie Cc: David Cooper Subject: [External] Applewood Townhomes RAI not click links or open attachments unless verified. Send all suspicious email as an attachment to Stephanie, The proposed sewer and sewer crossing of Little Ledge Creek (S3) along Joe Peed Rd. is within the NCDOT ROW. As designed currently, it doesn't have a sewer easement. The utility company will not review the plans for the project until a pump station is constructed. At that time they will determine if a sewer easement is needed and how wide. The Summit engineer thinks it will be 20', that is what they usually require, and not greater than 30'. The engineer is contacting the utility company to see if they can provide a required width if a sewer easement is necessary. The company may or may not give him an answer in writing. I can't calculate the allowable buffer impact until I know the width of the sewer easement. The client would prefer not to pay an additional permitting fee if possible. We can definitely do a worst case scenario if NCDWR is ok with that approach and then if for some reason a modification is needed apply when the time comes. Once we decide the approach I will re -submit the PCN with the allowable buffer impact square footage. David Cooper is copied on this email and will handle any issues while I am gone. Thank you, Heather Smith, LSS, Environmental Scientist ECOLOGICAL ENGINEERING, LLP i 1151 SE Cary Parkway, Suite 101, Cary, NC 27518 p919.557.0929 i c919.999.0275 I hhtV//` w.ecologicalene.com Roo Office Use Only: Corps action ID no. ca DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit . ❑ Section "10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 and 18 or General Permit (GP) number: 4137 1c. Has the NWP or GP number been verified by the Corps? ® Yes ® No 1d. Type(s) of approval sought from the DWQ (check'all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Q Yes ® No For the record only for Corps Permit: ❑ Yes ® 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. ❑ Yes N No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1h. Is the'project located within a NC DCM Area of Environmental Concern (AEC)?', ❑ Yes ❑ No' 2. Project Information 2a. Name of project: Applewood Townhomes 2b. County: Granville 2c. Nearest municipality / town: Creedmoor 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Connie Elliott 3b.. Deed Book and Page No. See Granville,County Tax Card Accessed 5/24/2017 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1530 Beaver Dam, Rd. 3e. City, state, zip: Creedmoor, NC 27522 . 3f. Telephone no.: N/A 3g. Fax no.: 3h. Email address: N/A Page 1 of 11 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Developer 4b. Name: Bill Wynn 4c. Business name (if applicable): Crosswind Development, Inc 4d. Street address: 2550 Capitol Dr. Suite 105 4e. City; state, zip: Creedmoor, NC 27522 4f. Telephone. no.: 9119-528-1347 4g. Fax no., N/A 4h. Emairaddress: bill@wynnhomes.com 5. Agent/Con"sultant Information (if applicable) 5a. Name: i Heather Smith 5b. Busin'ess name (ifapplicable): Ecological Engineering 5c. Street address: 1151 S.E. Cary Parkway, Suite 101 5d. C`ity, state, zip: Cary', NC 27518 5e. Telephone no.: 919-557-0929 5f: Fax no.: 5g. Email address: hsmith@ecologicaleng.com B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN oriparcel ID): Not applicable 1b. Site coordinates (in decimal degrees): Latitude: 36.122287 Longitude: -78.727283• 1 c. Property size: 9 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Little Ledge Creek 2b. Water Quality Classification of nearest receiving water: WS-IV; NSW 2c. River basin: Neuse 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: - Existing conditions are wooded and disturbed areas from former single family home. A power transmission line runs through the property on the eastern side. 3b. List the total estimated acreage of all existing wetlands on the property: 0.96 acres 3c. List the total'estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,415 linear feet 3d. Explain the purpose of the proposed project: To construct a new Thales Academy and associated parking, and stormwater.facilities. 3e. Describe the overall project in detail, including the type of equipment to be used: Construct several townhomes, parking and stormwater facilities. Standard building equipment, such as trucks, dozers and cranes will be used. Page 2 of 9 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes [:1 No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made 4c. If yes; who delineated the jurisdictional areas? Agency/Consultant Company: Ecological Engineering, Name (if known): Heather Smith Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 7/19/2017 Andy Williams, 7/18/2017 NCDW.R Cheng Zhang (NBRRO#17-215) 5. Project'History 5a. Have permits or certifications been requested or obtained for El Yes ' ® No ❑Unknown this project (including, all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1 a: Which sections were completed below for your project (check all that apply):. ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction Page 3 of 9 2. Wetland Impacts. If there are wetland impacts proposed on the site, then complete this question,for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction. number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) (if known) DWQ - non -404, other) (acres) or Temporary T W1 ®P ❑ T Fill Headwater/Bottomland ® Yes ® Corps 0.09 Hardwood Forest ®No El DWQ W2 ❑ P EIT Temporary- S&EC Bottomland Hardwood ® Yes ® Corps 0.007 Measures Forest❑ No El DWQ W3 ❑ P ®T Temporary- S&EC Bottomland Hardwood ® Yes ® Corps 0.003 Measures Forest ❑ No ❑IDWQ W4 ❑ P ® T Temporary- S&EC Bottomland Hardwood 'Forest ® Yes ® Corps 0.004 Measures ❑ No ❑ DWQ W5 ❑ P ® T Temporary- S&EIC Bottomland Hardwood ® Yes ® Corps 0.002 Measures Forest ❑ No ❑ DWQ W6 ®P ❑ T Fill Bottomland Hardwood ® Yes ® Corps 0.001 Forest ❑ No E:1 DWQ W7 EJ P ®T Temporary- S&EC Bottomland Hardwood ® Yes ®Corps 0.003 Measures Forest [:1 No ❑ DWQ W8 ®P F-1 T Fill Bottomland Hardwood ® Yes ® Corps 0.002 Forest ❑ No [:1 DWQ W9 El P ®T Temporary- S&EC Bottomland Hardwood ® Yes ® Corps 0.007 Measures . Forest E] No El DWQ W10 ❑ P ®T Temporary- S&EC Bottomland Hardwood ® Yes -® Corps 0.002 Measures Forest ❑ No ❑ DWQ W11 ®P ❑ T Fill Bottomland Hardwood ® Yes ® Corps. 0.00005 Forest ❑ No ❑ DWQ ,2g. Total_wetland impacts 0.12 2h. Comments: There are 0.093 acres (4,074 sq.ft.) of permanent impacts due to fill and 0.026 acres (1,134 sq.ft.) of -temporary impacts due to S&EC measures. 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number- (PER) or - (Corps - 404, 10 stream length Permanent (P) intermittent DWQ — non -404, width (linear or Temporary (INT)? other) (feet) feet), (T) S1 ®P ❑ T Fill/Easement UT to Little Ledge ❑ PER ® Corps 1.0 21 Creek/ Stream A ® INT ® DWQ - ' S2 ®P ❑ T Fill/Sideslope UT to Little Ledge ❑ PER ® Corps 1:0 25 Creek/ Stream A ®.INT ® DWQ . S3 ❑ P ®T Temporary -Open Little Ledge.Creek ® PER ® Corps 20 23 cut pipe installation ❑ INT ® DWQ 3h. Total stream and tributary impacts 3i. Comments: Permanent impacts to streams 46 sq.ft. Temporary impacts to streams 442 sq.ft. Page 4 of 9 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water . Name of waterbody impact (if applicable) Type of impact Waterbody type Area of impact (acres) number - Permanent (P) or Tem ora T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T „ 04 ❑P❑T 4f. Total -open water impacts 4g. Comments: . 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated .Flooded Filled Excavated Flooded P1 P2 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 Impacts (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_ require mitigation, then you MUST fill out Section D of this form. 6a. ®Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent , for impact Stream name mitigation (square feet) (square feet) (P) or required? Temporary T B1 ®P ❑.T easement Little Ledge Creek ®Nos 1,671 418 6h. Total buffer impacts 1;671 418 6i. Comments: Allowable buffer impact for installation of sewer and sewer -easement. The proposed width of the sewer easement will be 20'. The easement width will be determined at a later date by the utility company SGWASA. There standard easement width for an 8' sewer main is 20'. Page 5 of 9 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.. The proposed site uses the upland;area.to the greatest extent possible. The majority of the wetland being impacted is of low quality due to disturbance when the site contained a single family home. The site is littered with trash from the, demolition' of the structure and'there area few garbage piles within the wetland. The vegetation is herbaceous in this area. There are two very small areas being impacted as part of the grading for the sideslopes of the development. 1b. Specifically describe measures;taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control measures will'be,.used to prevent impacts to the remaining on-site wetland. 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? ❑,Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DW Q ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using.a Mitigation Bank 3a. 'Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c: Comments: 4. Complete'if Making a Payment to In -lieu l=ee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: N/A . 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: N/A 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. i Page 6 of 9 I 1 1, 111 I I 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? EI -Yes ® 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 9 E. Stormwater, Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project.include or is it adjacent to protected riparian buffers identified ®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. Comments:The runoff from the development` is being directed- into the two El Yes ® No stormwater facilities. 2. Stormwater Management Plan 2a. What is the'overall percent imperviousness of this project? 21.7% (94,461 sq.ft:, 2.17 ac) 2b. Does, this project require a Stormwater Management Plan? ® Yes, ❑ No i 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this proiect DOES require a Stormwater Management Plan, then provide a- brief, narrative description of the plan: The runoff fromlthe development is being directed into a bio -retention area and a constructed wetland.' ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater ManagementPlan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Butner, submitted on 12-4-2017 ❑ Phase II 3b. Which of the following,locally-implemented stormwater management programs ® NSW El USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® 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 ❑ No attached? 5. DWQ 401 Unit Stormwater.Review 5a. Does the.Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements, been met? ❑ Yes ❑ No Page 8 of 9 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 ® 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)? 1c. 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 letter•:): ❑Yes ❑ No Comments: 2. Violations (DWQ Requirement)" 2a. r 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 ® No or Riparian Buffer Rules (15A NCAC 2B .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): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ❑ Yes ® No There are no current plans to develop any, other portions' of the parcel. i� 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. The new facility will be connected to the sewer system. Page 9 of 9' 5. Endangered Species and Designated Critical Habitat, (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or z Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact, Endangered Species or Designated Critical Habitat? The project is located within the Neuse, River Basin and has potentially suitable habitat for the dwarf wedgemussel (A/asmidonta heterodon) and yellow lance (Elliptio lanceolate)., The'site is located upstream of Falls Lake and there are no•documented occurrences on -the NCNHP data dated April 2017_ of either of these species occurring between the project site and Falls Lake. There is potentially suitable habitat for• harperella (P.tilimnium nodosum) in Little Ledge Creek. The substrate of Little Ledge Creek, a perennial stream, is mostly sand. According to NCNHP data dated April 2017,'the'closest known specimen is over 40 miles to the southeast and was classified as historical. There were no specimens of harperella ,observed during an on-site visit on July19, 2017. There is potentially suitable habitat for• smooth coneflower (Echinacea laevigata) but no specimens are located within 1.0 mile of the site according the NCNHP data dated April, 2017. The closest current specimen is 3 miles to the north. No specimens were found during a site visit on July 19, .2017. I' 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area, designated as essential,'fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site'fwouId impact, Essential Fish Habitat? " NOAA Essential Fish Habitat Mapper 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 as having historic orcultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or prope rties.sig'nificant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina State Historic Preservation Office GIS, Service; 8. 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? FEMA Maps/ NC Floodplain Mapping. Program Heather Smith - 11-K January 4, 2018 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) .Page 10 of.9 Page 11 of 9 Co W1- Proposed Permanent Wetland Impact (0.09 acres, 3,939.7 sq.ft.) v ' 113 LF 8"@1.00% z 3�g I A2- Proposed Temporary Wetland Impact (0.007 acres, 303.3 sq.ft.) L N VA , _ — 1/V SS cr_ W3- Proposed Temporary Wetland Impact - - - (0.003 acres, 113.7 sq.ft.) ° O \p 3 u'u� W4- Proposed Temporary Wetland — ST-io Impact (0.004 acres, 157.7 sq.ft.) o RIM = 334.33' INV IN = 329.00' CD LL INV IN = 329.00' ST -12 �L I& 'L 11L AL u :`. � o INV OUT = 329.00' RIM = 333.77' m I�1 c6'o �I< w.:, A INV IN = 329.00' � I ye INV IN = 329.00' d INV OUT = 329.00' ---- I NEW EDGE I , OF WETLANDS I ,L A& „L „L ,L ST -9 f, INV = 328.65' � W5- Proposed Temporary Wetland PACTAREA WET Impact (0.002 acres, 87.7 sq.ft.) o Ch I I 00 I Inset 2 LL FFE: 00 340.00 , � 116 LF 8"I@ 1.00%}` I 1 u — 339 0�0 - o0 Cb o' _RIM = 335.60'-I � INV IN = 332 .65' &I INV OUT = 329.00' - Co-'� INV OUT= 329.00' t=;<; - -SS -- `� I ST -7 I RIM = 338.34 INV IN = 334. 9 LF INV OUT = 3: 4" @ 2.00% I 340 W6- Proposed Permanent Wetland ' Impact (0.001 acres, 46.8 sq.ft.) 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( es 28.3 3 .f t.)Co1 C) FE: Co 1336.001 1 I M @ 4 , ' .1poseo , �- l , Li . __ J '1 II JAG Jug Jug 332 i331 f ]IIID JIIIG JIG JmG �... �0- 329.32E Inc r77 L— LD/SF ,N �A �,ALI JAIL JAIL z February 16, 2018 NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Response to Request for Additional Information Applewood Townhomes DWR # 17-1631 Creedmoor, Granville County, North Carolina Ms. Goss: 1151 SE Cary Parkway, Suite 101 Cary, North Carolina 27518 (919)557-0929 www.ecologicaleng.com Please find the attached revised permit drawings and the print out of correspondence from the USACE, confirming the use of NWP 18. • One copy of revised permit drawings; • One copy of the authorized NWP 12 and 18 If you have any questions or concerns regarding this submittal, please do not hesitate to contact me at 919.557.0929 or via email at hsmith@ecolo¢icalenR.com. Sincerely, Heather Smith, LSS cc: Chris Oliver, Summit Design & Engineering, Inc. Randy Hall, Summit Design & Engineering, Inc. File 10512-032 T.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-01424 County: Granville County U.S.G.S. Quad: Creedmoor Permittee: Bill Wynn Crosswind Development, Inc. Address: 2550 Capitol Drive Suite 105 Creedmoor, North Carolina 27522 Telephone Number: Size (acres) Nearest Waterway USGS HUC 919-528-1347 9 (approximately) Little Ledge Creek 03020201 Nearest Town 'Creedmoor River Basin Neuse Coordinates Latitude: 36.122287 Longitude: -78.727283 Location description: The site is approximately 9 acres and is the western portion of Granville County, PIN 088603135088. The site is located approximately 1000 feet west of the WB Clark Road, Joe Peed Road intersection near Creedmoor.: Granville County, North Carolina. Description of projects area and activity: This authorization is for temporary and permanent impacts to streams and wetlands- associated etlandsassociated with the construction of a residential subdivision (Applewood Townhomes) as follows: Impact W1 (Wetland WA) NWP 18: 0.09 acre of permanent wetland fill for lot development and 0.02 acre of temporary fill associated with temporary, sediment and erosion control measures. Impact Sl (Stream SA) NWP 18: 46 linear feet of permanent stream fill for lot development impact S2 (Little Ledger Creek) NWP 12. 20 linear feet of temporary stream fill associated with the construction of onsite utilities. Applicable Law: ® Section 404 (Clean Neater Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 12 Utility Line Activities; NWP 18, Minor Discharges. SEE ATTACHED RGP or NLVP GENERAL, REGIONAL AND SPECIAL CONDITIONS built fill material footprint must be overlaid on top of the wetland limits as verified by the Corps of Engineers as well as the limit of "Existin? Wetlands" as shown on the enclosed plans entitled "Grading & Storm Drainage Pian and Wetlands%Stream Impacts", revised dated 8/3072017. t, "Grading & Storm Drainage Plan and Wetlands/Stream Impacts", revised dated 8/30/2017. Your work is authorized by the above referenced. permit provided it is accomplished •in strict accordance with the attached conditions •and ,your submitted application and attached information dated 01/05/2018. Any violation of. the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide_ authorization is modified, suspended or revoked. If, prior to the' expiration date identified below, the nationwide permit. authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended; revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the .date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. 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. If there are any questions regarding this verification, any of the. conditions of the Permit, or the Corps of Engineers regulatory (a�, program, please contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2usace.armv.mil. Corps Regulatory Official: Date:. February 15, 2018 Expiration Date of Verification: 03/18/2022' Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B.. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33'USC § 1.344). 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. C. ❑ There are waters, including wetlands, within the above described project area that are 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 may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional` determination issued Action ID: SAW - Basis For Determination: See the attached Preliminary .Jurisdictional Determination Form Remarks: None - E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions "of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate.participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CPR 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 following address:, US Army Corps of Engineers, South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 Not Applicable. **It is not necessary to'submit an RFA form to the Division Office -if you'do not object,to the determination in this correspondence.** !. Digitally signed by WILLIAMS.ANDREW.E.1244561655 DN: c—US, _U.S. Government, ou=DeD, ou=PKI, �t� � ��?'"„'"ou=USA,ai=WILLIAMSANDREW.E.1244561655 Corps Regulatory Official: ��� Date:201e.02.151738:53-05'00 Andrew Williams Date of JD'- February 15, 2018 The Wilmington"District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hqp://corpsmgpu.usace.aimy.mil/em apex/f?p=136:4:0. _ Copy furnished:. Heather Smith, LSS Ecological Engineering,. LLP 1151 SE Cary Parkway; Suite 101 Cary, North Carolina 27518 Stephanie Z. Goss Environmental Senior Specialist North Carolina Department:of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 Action ID Number: SAW -2017-01424 County: Granville County Permittee: Project .Name: Date Verification Issued: February 15, 2018 Project Manager: Andrew Williams Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY C®RPS' ®F. ENGINEERS WILMINGT®N DISTRICT Attn: Andrew Williams 3331 11eritiage Trade Drive, Suite 105 Wake Forest, No Carolina. 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or'conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative -penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with ,the terms and condition of the said permit, and required mitigation was completed in accordance with'the permit conditions. Signature of Permittee Date E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminay JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However. you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: It you have questions rc.,arding thi, decision and or the If you only have questions regarding the appeal process y=ou may appeal process you may contact: also contact: Mr. Jason Steele, Administrative Appeal Review Officer District Engineer, Wilmington Regulatory Division, CESAD-PDO Attn: Andrew Williams U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritiage Trade Drive, Suite 105 60 Forsyth Street, Room I OM 15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 Phone: (404)562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of my site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10MI5, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Crosswind Deselopment, Inc. File Number: SAN '_017-0(924 Date: February la, 2018 Bill Wynn Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identities your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httn'ilwww.usace.army.mil/inet/functions/cw/ceewo/rep or lations at 33 CFR Part 33 L -� A: INITIAL PROFFERED PERMII-: You may accept or object to the permit. -- • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (IAP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission ( LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: if you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section Ii of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.