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
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Impact (0.09 acres, 3,939.7 sq.ft.)
v
' 113 LF 8"@1.00%
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(0.007 acres, 303.3 sq.ft.) L N VA , _ —
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(0.003 acres, 113.7 sq.ft.)
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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'
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INV OUT = 329.00' ---- I
NEW EDGE I ,
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INV OUT = 329.00' - Co-'�
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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.