20080337 Ver 1_401 Application_20080208

ENVIRONMENTAL SERVICES, INC.
524 S. NEW HOPE ROAD
RALEIGH. NORTH CAROLINA 27610
919-212-1760 • FAX [phone]
www.envirotunentalservicesinc.com
February 21, 2008
08-0337
N.C. Division of Water Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
kom @ \jt
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Re: NOV-2007-SS-0031
After-the-Fact Application FEB 2 1 2008
MB Clarion Crossing, LLC
Wake County, NC ?`N 4DS'0R1t1ER
V?'?TLJ?NQS AND 5T4Rt?WX BStRNC
Mr. Karoly:
ESI is submitting this after the fact 401 and riparian buffer application to NCDWQ on
behalf of MB Clarion, LLC. The applicant is dealing with significant stream bank
erosion along Simmons Branch, which bisects the Clarion Crossing Apartment
Community. This application proposes to allow up to 499 linear feet of stabilization
pursuant to what is currently allowable under the U.S. Army Corps of Engineers
Nationwide Permit 13. Also, the Neuse Buffer Rules consider stream bank stabilization
to be Allowable.
Enclosed please find seven copies of the application along with the $475 application fee.
Please call Todd Milam or me if you have any questions.
Sincerely,
ENVIRONMENTAL SERVICES, INC.
Jeff Harbour
Asst. VP / Ecology Division Manager
EEB 2 1 2008
iJUik CN Q fAU'l p
WETLANDS AND Sl ORM"N,ATER P?R N("H
FLORIDA • GEORGIA • NORTH CAROLINA • SOUTH CAROLINA
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 8 - 0 3 3 7 .
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N/A A?uJ13 d
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page'2 for further details), checklM \ Lp, 0 W 09 D
II. Applicant Information FEB 2 1 2008
1. Owner/Applicant Information DENR - WAI tR QUAUTI
Name: McDowell Properties: Steve Radcliffe-DirectW&AWT IFY RANCH
Mailing Address: 601 Montgomery St., Suite 2000, San Francisco, CA 94111
Telephone Number: 415-788-1600 Fax Number: 415-788-1607
E-mail Address: info o mcdprop.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jeff Harbour or Todd Milam
Company Affiliation: Environmental Services, Inc.
Mailing Address: 524 S. New Hope Rd.
Raleigh, NC 27610
Telephone Number: 919-212-1760 Fax Number: 919-212-1707
E-mail Address: jharbourgesinc.cc: mmilamkesinc.cc
Updated 11/1/2005
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Clarion Crossing Apartments
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0783931167
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Clarion Crossing Apartments
Directions to site (include road numbers/names, landmarks, etc.): Take Crab Orchard Drive
south off Avent Ferry Rd. The stream segment, Simmons Branch, is located east of Crab
Orchard Dr.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.76521 ON -78.69987 °W
6. Property size (acres): Clarion Crossing is t 22.8 ac in size
7. Name of nearest receiving body of water: Simmons Branch
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt p://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Simmons Branch bisects the subject property and existing
conditions along the stream consist primarily of maintained grass and open space. Minimal
woody vegetation occurs along this stretch of Simmons Branch with the exception of a few
large trees and scattered shrubs. Significant erosion is occurring along this stretch of
Updated 11/1/2005
Page 6of13
Simmons Branch and some of the structures and underground utilities located onsite are in
danger of being affected by this erosion.
10. Describe the overall project in detail, including the type of equipment to be used: Any filter
fabric that has washed into the stream bed will be removed. The filter fabric will be returned
to the side slopes of the channel where it will be stabilized with stakes and rip-rap.
Additionally, excessive amounts of new rip-rap material will also be removed from the
stream bed and placed on the banks of the channel. Less than one cubic yard per linear foot
of rip rap will be below the ordinargh water line per current USACE regulations. AM
areas of bare ground remaining along the top of bank of Simmons Branch will be
immediately stabilized and re-vegetated with grass or similar groundcover.
11. Explain the purpose of the proposed work: It is our intent to stabilize the onsite stream
banks that are experiencing considerable erosion and bank failure. Additionally, several
structures and underground utility lines are in danger of being damaged due to the failing
stream banks. Better downstream water quality for Simmons Branch should result from this
stabilization project.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. ESI is not aware of previous permits, however a database search was
not conducted and may be warranted.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Future permit requests by the applicant could potentially be for additional stream bank
stabilization. Currently, the applicant is proposing to under 500 linear feet, which is
currently allowed by USACE without having to complete a Pre-Construction Notification. In the
future, the applicant may want to exceed 500 linear feet and would therefore need to apply for
404/401 approval.
Updated 11/1/2005
Page 7 of 13
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Filter fabric and rip rah
inadvertently placed within the stream bed will be removed and returned to the side slopes of
the channel for stabilization. The filter fabric will be secured along the stream bank with
stakes and rip rap. Approximately 499 linear feet of stream bank is proposed to be stabilized
when the work is completed.
2. Individually list' wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Updated 11/1/2005
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Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial Intermittent?
? Average
Stream Width
Before hn act Impact
Length
(linear feet) Area of
Impact
(acres)
1. Simmons Branch stabilization perennial 10 ft. 499 ft. 0.02*

Total Stream Impact (by length and acreage) 499 ft 0.02*
* Maximum of 1 foot of rip-rap below ordinary high water line. (499 ft x 1 ft) / 43560 ft = 0.01 ac.; 0.01 ac x 2 stream banks = 0.02 ac
total
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

NA
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resultiniz from the proiect:
Stream Impact (acres): 0.02
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.02
Total Stream Impact (linear feet): 499
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Updated 11/1/2005
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Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The existing stream channel will be stabilized only along the stream segments experiencing
severe erosion, impacts to stable stream segments will be avoided. The total length of stream
impact will not exceed 500 feet under this current permit request. The resulting; stabilized banks
will improve the overall water quality of Simmons Branch and all downstream waters.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
Updated 11/1/2005
Page 10 of 13
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed by the gpplicant for the stream bank stabilization.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/paaes/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Updated 11/1/2005
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1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify)? Neuse Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multiDliers.
Zone* Impact Multiplier I Required
NX.
1 I ±4900 13 (2 for Catawba) I N/A
2 1.5
Total 1 ±4900 1 1 N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. No mitigation required due to the current
Neuse River Buffer rules that deem stream stabilization as allowable.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. N/A
XII. Sewage Disposal (required by DWQ)
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 214.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
Updated 11/1/2005
Page 12 of 13
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
No additional future impacts are anticipated due to this project. The stream segment stabilization
is occurring within an established apartment development and is intended to address erosion
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
ESI and the applicant are not aware of any other issues affecting this site or that could affect the
issuance of the permit.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
dna
Dr?w
& Falk, LLC, Agent
bl" cker a Falk, Inc., Its a
By.
Property
Multifamily Management
LL C,

Updated 11/1/2005
Page 13 of 13

? Project Location
'Location and extent is approximate. I ?`q¢•C? :?? ?` r?/ ?1r1 { `
0 1,000 2,000 ?? ? i s ?'? ?%, :" ' .. ? )? \\ ? 1 'r _ Y
Feet ? ? n • .
Sources: USGS Digital Raster Graphic, l5\'
Raleigh West Quad, NC, 1999. Imo`{ L4?. , 1`
Disclaimer: The information depicted an on this figure is for
1
informational purposes only and was not prepared for, and is
not suitable for legal or engineering purposes. This tl ?? > l ?\ r?
information presented is not for regulatory review and is
intended for use only by a Professional Land Surveyor prior
to regulatory review.
ENVIRONMENTAL Project: ER07247.01
SERVICES, INC. Project Location
5245. New Hope Road Clarion Crossing Streambank Stabilization Date: Jan 2008
Raleigh, North Carolina 27610
[phone] Drwn/Chkd: ESURT
[phone] FAX Wake County, North Carolina _
File: P:\GeoGm\Proiecls\20071247\01\GIS\MXD/Fig1.MXD; 01/16/08; 10:20 AM
File: P:\GeoGma Projects\2007\247\GIS\D1\MXD/Fig1.MXD; 01116108; 10:20 AM