20170314 Ver 3_Riparian Buffer Authorization_20181113

Action History (UTC -05:00) Eastern Time (US & Canada)
Submit by Anonymous User 11/13/2018 10:37:38 AM (Start)
Approve by Montalvo, Sheri A 11/15/2018 12:29:17 PM (NON DOT - Initial Review)
• The task was assigned to Montalvo, Sheri A 11/13/2018 10:38 AM

Buffer Authorization Application Form
15ANCAC 0213.0233 (8)(b),.0243 (8)(b),.0250 (11)(b), .0259 (8)(b),.0267 (11)
Update 10/23/2018
Original Submittal 11/13/2018
A. Owner/Applicant Information
General Information
Primary Contact Email: *
Who is submitting the application?*
1. Property Owner Information:
1a. Name on Recorded Deed:*
1b. Responsible Party:
1c. Mailing Address:*
1d. Telephone:* 610-212-0781
3. Agent Information:
3a. Name:*
3b. Company Affiliation:*
3c. Mailing Address:*
[e-mail]
Please list the contact person's errail for questions or payrrent on this project if needed.
V Owner
I— Applicant other than Owner
rJ Agent
Leyland Twin Lakes LLC
Jason Hess
(for Corporations)
Street Address
233 Route 17
Address Line 2
PO Box 878
City
Tuxedo Park
Fbstal / Zip Code
10987
Kelly Roth
McAdams
State / Rovince / Region
NY
Country
US
1e. Email Address:* [e-mail]
Street Address
2905 Meridian Parkway
Address Line 2
city
State / Rovince / Region
Durham
NC
Flostal / Zip Code
Country
27713
USA
3d. Telephone:* 9,193,615,000 3e. Email Address:* [e-mail]
3f. Attach a signed and dated copy of the agent aickthe upload button ordrag anddropfiles hereto allach docurrent
authorization form. PDF Only

B. Project Information and Prior Project History
1. Project Information
1a. Name of Project:* Twin Lakes Center
(Subdivision, facility, or establishment narre)
1b. Is this a publicly -funded transportation project?*
r Yes
t: No
1d. Subdivision Name: N/A
1e. Nearest Cary
Municipality:
1f. Property Size: 33.82
acres
1g. County (or Counties) where the project is located:*
Wake
1h. Property ID# Date of Purchase
0745465234 5/9/2018
Tax RN or Parcel id
0745543962 5/9/2018
Tax RN or Parcel id
1 i. Deed Information
Type of Book Book#11 Page#
Deed F
21 01273
DDD
1j. Attach a copy of the recorded map that indicates when the lot was last platted.
aick the upload button or drag and drop files here to attach document
Plat 0745465234.pdf 154.28KB
Plat 0745543962.pdf 252.97KB
FDF only
1k. How would you like to provide the Latitude and Longitude information?*
r Address Lookup
r Manually
Latitude * 35.826999 Longitude * -78.849210
11. Is the project located in any of North Carolina's twenty coastal counties?*
r Yes
r No
2. Surface Waters
2a. Name of the nearest body of water to proposed project:
Crabtree Creek

2b. Water Quality Classification of nearest receiving water:*
C; NSW
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:*
500
(linear feet only)
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 subject property is located southeast of the intersection of
Davis Drive and Airport Boulevard in the Town of Cary, Wake
County, North Carolina. The project area is 24.6 acres of the total
34 -acre property currently owned by Leyland Twin Lakes LLC,
and will be developed by Leyland Alliance.
The subject property drains to Crabtree Creek which is
designated Class C/NSW and is a tributary to Crabtree Lake
within the Neuse River basin (HUC 03020201). There is one
perennial stream feature (Stream A) which originates north of the
property and flows south adjacent to the eastern property
boundary for approximately 500 linear feet before it flows into a
lake (Lake A) that also lies just east of the property boundary.
The stream feature is depicted on the Wake County Soils Survey
map and is therefore subject to the Neuse River Riparian Buffer
Rules (Figure 2). Lake A is depicted on both the Wake County
Soils Survey map and the USGS quadrangle (Figures 1 and 2),
and is therefore subject to the Neuse Riparian Buffer Rules.
There are no surface waters within the subject property; however,
Neuse buffers for the adjacent surface waters extend onto the
subject property.
There are three riparian wetland areas within the project
boundary --Wetlands A, B and C --that total 0.319 acres. A
jurisdictional wetland and stream delineation performed by
McAdams Company was field verified by Ms. Tasha Alexander
(USACE representative) on August 31, 2016. A Preliminary
Jurisdictional Determination was issued September 16, 2016 (AID
SAW -2016-01492). The NC Division of Water Resources (DWR)
also field verified the locations of surface waters on and adjacent
to the subject property, and documented their findings in a letter
dated June 27, 2003 (NBRRO 03-143). This buffer determination
has no expiration date, and thus is still valid. The limits of the
streams and wetlands have not changed since these original
determinations. See Figures 1-3 and the enclosed documentation
for existing conditions.
Land use within the vicinity of the project is mainly residential,
commercial, and forested.
3b. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
Click the upload button or drag and drop files here to attach docurrent
LEY15010_FIGURE 1 VICINITY MAP_v2.pdf 1.48MB
FDF only
3c. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
Click the upload button or drag and drop files here to attach docurrent
LEY15010_FIGURE 2 SOIL SURVEY_v2.pdf 2.19MB
FDF only
4. Proposed Activity

Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:*
The proposed mixed-use project known as Twin Lakes is
comprised of a 21.66 -acre project area within a 34 -acre parcel of
land currently owned by Redus Twin Lakes LLC, and will be
developed by Leyland Alliance. The purpose of the proposed
project is to provide commercial and retail uses to Cary, Wake
County, NC. Twin Lakes will consist of a 131,000 square foot
grocery anchor and 26,900 of commercial/retail development
fronting Davis Drive, pedestrian/greenway access paths, and
public gathering spaces (see Figure 4 and attached construction
drawings). The proposed project will also include associated
utilities, stormwater management, and roadway improvements
along Davis Drive.
The entire site was designed to minimize impacts to aquatic
resources while utilizing the remaining parcel. The design is for a
high density project within the project area, but all sedimentation
and erosion control measures will be implemented before
construction to minimize runoff. A network of stormwater
management facilities will be strategically placed throughout the
site to treat and detain storm flows coming from the site.
Although efforts have been made to avoid impacts to jurisdictional
waters, two wetlands will be impacted by grading and fill
associated with two retaining walls, a road, a sidewalk, and a
parking lot. There is a total of 0.124 acres of riparian wetland
impacts associated with the proposed project, while avoiding the
remaining 0.195 acres of riparian wetlands. These wetland
impacts were previously authorized by DWR on May 5, 2017 (see
attached approval letter; DWR# 17-0314) and by the USACE on
July 21, 2017 (see attached NWP 39 verification; Action ID: 2016-
01492). There will be no stream impacts associated with the
proposed project.
Chessway Drive in the northwest corner of the project area must
line up with the existing Chessway Drive on the north side of
Airport Boulevard, as dictated by NCDOT. The proposed
Chessway Drive, which will provide access to the interior of the
project area, will run along the perimeter of the project area in
order to allow adequate space for the proposed grocery anchor
and required parking, necessitating the proposed impact to
wetland 'A' of 0.107 ac (Inset 3). There is also 0.017 acre of
wetland impact proposed to wetland 'B" associated with a public
gathering park space on the southern end of the proposed
project, which will incorporate a retaining wall to minimize wetland
impacts. However, some minor grading will be required in this area
and within wetland 'B' to construct and maintain the integrity of the
retaining wall.
There are three proposed stormwater outfalls that will necessitate
impacts to Neuse buffers. There is a total of 2,531 sf of impacts to
Zone 1 and 2,388 sf of impacts to Zone 2 of the Neuse buffers.
There is an existing Town of Cary sanitary sewer located within
and parallel to the Neuse buffer along the existing lakes, which is
dictating one proposed sanitary connection to the existing sewer
within Zone 2. The design of the three stormwater outfalls are
required to discharge to the existing lakes, and through the Neuse
buffer in these locations at a perpendicular or near perpendicular
angle.
Typical construction equipment, such as a long-arm track -hoe,
front end loader, and bush hog will be used for the initial clearing.
Attach a site plan as applicable to the project:

Click the upload button or drag and drop files here to attach docurrent
009 -LEY -15010 -C -6 -Overall Grading and Storm
1.45MB
Drainage Plan.pdf
010 -LEY -15010 -C -7 -Grading and Storm Drainage
1.3MB
Plan -Area A.pdf
010-LEY15010-C-8-Grading and Storm Drainage
2.83MB
Plan -Area B.pdf
FDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this
property/project (including all prior phases) in the past?*
r Yes
f No
5b. Who did the determination on the jurisdictional areas?
Who did the determination? J
List name if known IF
Date
Attach
Corps
Tasha Alexander
09/16/2016
(Narre if known)
20..
8
09-
16
rec.
fro..
us..
Ju...
De..
-
HItr
Tw..
La..
Li
pdf only
State
Deborah Edwards
06/27/2003
(Narre if known)
10..
4
06-
27
NC..
Ne..
Bu..
De
[Le]
pdf only

State
(Nbrre ff known)
07/26/2017
4
20..
08-
01
36..
Da..
Dr...
Ne..
Bu..
De..
pdr only
*** Please include the date of the determination and upload a copy of the determination.
Comments:
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
0 Yes
C No
6b. List any permits/approvals that have been requested or obtained for this project in the past.
Application Date Date Issued Permit Type
3/14/2017 7/21/2017 NWP39
3/14/2017:I 5/5/2017 GC4092/Neuse Buffer
Authorization
6c. Please explain and detail according to "help file" instructions.*
An application for a NWP36/GC4092/Neuse Buffer Authorization
was submitted to the USACE and DWR on March 14, 2017. The
USACE issued a NWP39 verification on July 21, 2017 (Action ID:
2016-01492) and DWR issued a GC4092 and Neuse Buffer
Authorization approval on May 5, 2017 (DWR# 17-0314). Since
these approvals were obtained, changes were made to the design
that necessitated changes to the stormwater outfall locations. With
the newdesign, Zone 1 Neuse buffer impacts have increased by
148 sf (from 2,383 sf to 2,531 sf) and Zone 2 buffer impacts have
increased by 698 sf (from 1,690 sf to 2,388 sf).
7. Future Project Plans ^
7a. Is this project a phased project?* r Yes
r No
C. Proposed Impacts Inventory
Buffer Impacts ^
Project is in which protected Basin?*

r Neuse River Basin (15A NCAC 0213.0233)
f Catawba River Basin (15A NCAC 02B.0243)
r Randleman Lake Watershed (15A NCAC 0213.0250)
r Tar -Pamlico River Basin (15A NCAC 0213.0259)
f Jordan Lake Watershed (15A NCAC 0213.0267)
r Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type
Zone 1
Zone 2
Stormv,ater outfall
Stream A
Permanent
Allowable
850.00
978.00
#3 (Inset 1)
(P)
Square
Square
Nbp label (e.g. Fbad
F2rmor Temp
Feet
Feet
Crossing 1)
Stormv,ater outfall
Lake A
Permanent
Allowable
1,092.
742.00
#2 (Inset 2)
(P)
00
Square
Nbp label (e.g. Fbad
Perm or Temp
Square
Feet
Crossing 1)
Feet
Stormv,ater outfall
Lake A
Permanent
Allowable
589.00
668.00
#1 (Inset 4)
(P)
Square
Square
rvbp label (e.g. Fbad
Perm or Tenp
Feet
Feet
Crossing 1)
Total Zone 1 Impacts: 2,531.00
Total Zone 2 Impacts: 2,388.00
Total Buffer Impacts: 4,919.00
Comments:
D. Impact Justification and Mitigation
........................................................................................................................................................
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.*
Impacts to Neuse buffers have been avoided and minimized to the
maximum extent practicable. There is a total of 2,531 sf of Zone 1
Neuse Buffer impacts and 2,388 sf of Zone 2 Neuse Buffer
impacts. The buffer impacts are necessary for the installation of
three stormwater outfalls. Impacts to Neuse Buffers associated
with the proposed referenced infrastructure have been minimized
by designing outfalls 1 and 2 perpendicular to the lake shoreline
and Neuse Buffers. Outfall 3 is angled slightly downstream to
minimize erosion on the stream banks.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.*
A Sediment and Erosion Control Plan will be developed and
approved by the NC Division of Land Quality and/or Town of Cary
Water Resources Department, and the project will comply with the
supplementary NPDES Construction Stormwater Permit
(NCG010000).
E. Diffuse Flow Plan
1a. What type of SCM are you providing?*

W Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Proposed project will not create concentrated stormwater flow through the
buffer
7 Other SCM that removed minimum of 30% nitrogen
1b. Describe how diffuse flow will be maintained:*
Stormwater Outfalls 1 and 3 discharge from wet pond BMPs that
are both designed to provide a minimum of 30% of TN removal
outside of the riparian buffer to treat the design storm before it is
discharged through the buffer. Stormwater Outfall 2 is a bypass
channel for a level spreader and vegetated filter strip that is
designed to provide a minimum of 30% of TN removal.
1c. Diffuse Flow Documentation*
F. Supplementary Information
Environmental Documentation
Click the upload button or drag and drop files here to attach docunent
Supplement Form - Level Spreader C.pdf
Supplement Form - Wet Pond A.pdf
Supplement Form - Wet Pond B.pdf
FDF only
118.15KB
118.94KB
119.24KB
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
r Yes
G No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR
Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
C -
2b. Is this an after -the -fact buffer authorization application?
C No
G. Additional Information ^
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments: Click the upload button or drag and drop files here to attach document
2017-07-25 USACE NWP 39 Twin Lakes - Cary-
189.97KB
Neuse 01.pdf
20170314 Ver 1 - DWR Approval Letter - 552017.pdf 334.24KB
FDF only
Additional Comments:
This application is a modification to the Neuse buffer authorization issued on
5/5/2017 (DWR# 17-0314). The modification is needed due to design changes that
required changes to the stormwater outfall locations.
H. Sign and Submit ^
............................................................................... .
By digitally signing below, I certify that:

o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act')
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act');
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the application form."
Print Name:* Kelly Roth
Signature *
w "
Submission Date: (Auto populated field)

Initial Review
Is this accepted into the review process?
Is this a public -funded transportation
project?*
ID#*
Version:
Select Reviewer:
Select Reviewing Office*
Has payment been received?*
O Yes b No
a Yes
r No
20170314
3
Stephanie Goss:eads\szgoss
Raleigh Regional Office - [phone]
F No Payment Needed
r Fee Received
r Need Fee - send electronic notification