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HomeMy WebLinkAbout20041796 Ver 3_401 Application_20080422w~THERS - RAVENED ENGINEERS I PLANNERS I SURVEYORS 111 MacKenan Drive CARY, NORTH CAROLINA, 27511 (919) 469-3340 FAX (919) 467-6008 TO: ~,. ~~ WE ARE SENDING YOU ^ Attached via ^ Shop Drawings ^ Prints ^ Copy of Letter ^ Change order U Plans ^ Diskette COPIES DATE NO. DESCRIPTION ~ .~.~ Dpi r ~ '.. ca THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ^ Resubmit copies for approval ^ For your use ^ Approved as noted ^ Submit __ copies for distribution ^ As requested ^ Returned for corrections ^ Return corrected prints ^ For review and comment ^ ^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: 1 4 ;3c1 ~ ~° \-'1Ft x~..JL~ o~/~ ~ ~ /~ / V/ / _.._ __ A~~ ~ ,fy~~ LO~J Ii ~- `zq~ ~3 ~~~~~a o~ ~aQa~~o~~a~ DATE ~a o~ JOB NO. ~~ Vcl ATTENTION ~~~ PHONE # RE: . .~ e.,.. - S .JL „~ li°.t=14_Ar!'ti i!~alros~N~4,:: t~PJ:;#' COPY TO: ~ t ,.~ SIGNE~r.. ~~~,~,~,~~~ _ the following items: ^ Samples ^ Specifications /f enclosures are not as noted, kindly notify us at once. WITH EIS L~~ R~~/EN EL ENGINEERS I PLANNERS I SURVEYORS April 22, 2008 NC-Division of Water Quality Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Raleigh, NC 27604 Re: Villages of Swift Creek (Previously Mirror Lake Subdivision) Request for Buffer Compliance ~-, ~ ~ ~`~- ~~ W&R Project Number - 02030209 NC-DWQ Project #: 04-1796, Ver. 2 ~~,~~ ~ ~ 2~~8 AID: 200520181 Dear Ms. Karoly: N'E7iANDS AND STQRMN~AT~F ~~3;~P~~6 :H On behalf of The Villages of Swift Creek, we are requesting Buffer Compliance for the installation of a mulch walking trail which will encircle the pond located in the central portion of the property. The proposed trail will impact approximately i2, 495 sq ft (Zone 1: 2,039 sq ft and Zone 2: io,456 sq ft) of riparian buffer. Impacts will be minimized by meandering the trail around the existing vegetation. We anticipate that only minimal clearing of the understory will be needed to install the trail. To further minimize impacts, the trail will be constructed using mulch, rather than asphalt. Please note that the Zone 1 buffer impacts are limited to the existing footprint of the dam. The subject property is approximately 27.87 acres in size and is located on the south side of Tryon Road (SR 1009) and generally west of Gorman Street (SR 1571), in Raleigh, North Carolina. Ivydale Drive bounds this property to the west. The project is located in the Neuse Basin and contains un-named tributaries to Lake Johnson. The Hydrologic Unit Code for this basin is 03020201. The Water Quality classification is WS-III, NSW, and stream index [03-04-02, 27-43-5-~1.5)l• Project History Approximately 135 LF of permanent stream impact, 0.26 acres of permanent wetland impact, and 14,316 sq ft of riparian buffer impact, were authorized for road construction and lot fill (USAGE AID #: 200520181, NC-DWQ #: 04-1796, Ver. 2). Copies of the authorizations are included with the attachments. Stormwater Management Plan The stormwater plans were previously approved during the original 401/404 review. iii MacKenan Drive i Cary, NC 27511 i tel: 919.469.3340 i fax: 919.467.6008 i www.withersraveneLcom 7040 Wrightsville Avenue i Suite lol i Wilmington, NC 28403 i tel: 910.256.9277 i fax: 91o.z56.z584 Brunswick Surveying i loz7 Sabbath Home Rd, SW i Supply, NC z846z i tel: 91o.84z•939z i fax: 91o.84z.8o19 Mitigation Because greenway trails are an allowable activity within the buffer, the applicant does not propose mitigation for this project. Please feel free to call if you have questions or require additional information. Sincerely, , WITHERS & RAVENEL, I~,.--~ Todd Preuninger Attachments - 1) PCN Form 2) Site plans 3) Agent Authorization 4) USGS Quadrangle Map 5) Wake County Soil Survey Map 6) 401 Approvals GN . r% ~3 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. 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: Buffer Compliance 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), check here: ^ ~-+ 1" II. Applicant Information °~_,~ 1. Owner/Applicant Information '~1;~~~ s~ ~'• L~l~~j~ Name: Villages of Swift Creek LLC Attn• Jonathan t3n~i~~~<r;:~N,ute ~~e~arH Mailing Address: 729 Thimble Shoals Blvd., Suite 6C v~~~~A~osAr~usTCS'?~~~..- Newport News, VA 23606 Telephone Number: 757-873-011 Fax Number: 757-873-0651 E-mail Address: Iskinner(a,mccaledev.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: Todd Preunin~er Company Affiliation: Withers & Ravenel Mailing Address: 111 Mackenan Drive Cary, NC 27511 Telephone Number: 919-469-3340 Fax Number: 919-535-4545 E-mail Address: Tpreunin er(a,withersravenel.com 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 Page 1 of 8 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: Villages of Swift Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN) 0782778120 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Villages of Swift Creek Directions to site (include road numbers/names, landmarks, etc.): The property is located on the south side of Trvon Road (SR 1009 and eg nerally west of Gorman Street (SR 1571), in Raleigh Wake County North Carolina. Ivydale Drive bounds the property to the west. 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): 35.7463152 °N 78.7019014 °W 6. Property size (acres) 28 acres 7. Name of nearest receiving body of water: Lake Johnson 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 http://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: The site is currently a residential subdivision. The surrounding area is primarily residential. 10. Describe the overall project in detail, including the type of equipment to be used: The nronosed nroiect includes the construction of a mulch walking trail which will encircle the pond located at the center of the subdivision. Small .. ar~ding equipment (i.e. Bobcat) will be used to spread the mulch along the trail. Only minimal clearing of the understory will needed, because the trail will be meandering through the existing vegetation. Page 2 of 8 11. Explain the purpose of the proposed work: The purpose of this work is to provide a fitness trail/amenit_y for the surrounding community. 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. Previous impacts for this project total 135 LF of permanent stream impact, 0.26 acres of permanent wetland impact, and 14,316 sq ft of riparian buffer impact, for road construction and lot fill (USACE AID #: 200520181, NC-DWQ #: 04-1796, Ver. 2). The approvals are included with the attachments. 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. None anticipated. 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: No impacts to Waters of the US are being_proposed. 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. Page 3 of 8 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) NA NA NA NA NA NA Total Wetland Impact (acres) NA 3. List the total acreage (estimated) of all existing wetlands on the property: 0.5 acres 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 mnct he included- T~ calculate acrea~e_ multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) NA NA NA NA NA NA NA Total Stream Impact (by length and acreage) NA NA 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 Pxcavatinn dreduinu flnndinu drainage- hulkheads_ 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 map) ocean, etc.) (acres) NA NA NA NA NA Total Open Water Impact (acres) NA 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): NA Wetland Impact (acres): NA Open Water Impact (acres): NA Total Impact to Waters of the U.S. (acres) NA Total Stream Impact (linear feet): NA 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. Page 4 of 8 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.): NA Proposed use or purpose of pond (e.g., livestock local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA 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. Prior to site plan development, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and `waters' could be minimized. Impacts to the buffer will be minimized by meandering the trail around the existing trees and we anticipate that only minimal clearin og f the understory will be needed to install the trail. To further minimize impacts, the trail will be constructed using mulch, rather than asphalt. 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 I5, 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. watering, irrigation, aesthetic, trout pond, Page 5 of 8 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, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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) 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. Because greenway trails are an allowable activity within the buffer, the applicant does not propose mitigation for this project. 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 (919) 715-0476 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://h2o.enr.state.nc.us/wrp/index.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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA 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 (919) 733-5083 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 ^ Page 6 of 8 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 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 )? 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 multipliers. * Impact I Required Zone __,___ r__,~ Multiplier ,~,~;,;R ,;~~ 1 2,039 3 (2 for Catawba) NA 2 10,456 1.5 NA Total I 12,495 I I NA * 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 I SA NCAC 2B .0242 or .0244, or .0260. Because s~-eenwa~trails are an allowable activity within the buffer, the applicant does not propose mitigation for this project. 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. The stormwater plans were previously approved Burin tg he original 401/404 review. 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. Sanitary Sewer Page 7 of 8 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No 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: Downstream water quality will not be adversely affected as the result of the mulch greenway trail. The existing development utilizes level spreaders and constructed wetlands to protect downstream water quality. 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Client WITHERS & RAVENEL Client Project SUMTER CO. PH. 1 C& D LF Project No. 2008-546-02 Lab ID No. 1 2 3 4 5 6 Boring No. CP - 2/1 CP - 2/5 CP - 1/6 CP - 1/7 CP - 1/8 CP 2/9 Depth (ft.) 4/07 4/14 4114 4/14 4114 4/14 Sample No. NA NA NA NA NA NA MOISTURE CONTENT: Tare Number A-1 Z-9 A-5 SS-6 B-2 P-8 Wt. of Tare & WS (gm.) 223.64 405.82 354.17 595.81 385.90 341.61 Wt. of Tare & DS (gm.) 205.19 364.89 323.02 519.59 345.82 314.67 Wt. of Tare (gm.} 97.94 99.94 98.88 100.06 98.02 98.48 Wt. of Water (gm.) 18.45 40.93 31.15 76.22 40.08 26.94 Wt. of DS (gm.) 107.25 264.95 224.14 419.53 247.80 216.19 Moisture Content %) 17.2 15.4 13.9 18.2 16.2 12.5 SPECIMEN: Wt. of Tube & WS (gm.} 757.15 785.65 912.57 505.54 820.68 857.96 Wt. of Tube (gm.) 0.00 0.00 0.00 0.00 0.00 0.00 Wt. of WS (gm.) 757.15 785.65 912.57 505.54 820.68 857.96 Length 1 (in.) 3.540 3.770 4.132 2.441 3.876 3.819 Length 2 (in.) 3.508 3.745 4.195 2.403 3.853 3.850 Length 3 (in.) 3.529 3.752 4.164 2.448 3.869 3.831 Top Diameter (in.) 2.840 2.836 2.874 2.821 2.844 2.847 Middle Diameter (in.) 2.855 2.831 2.881 2.824 2.844 2.851 Bottom Diameter (in.} 2.839 2.810 2.882 2.793 2.853 2.820 Unit Dry Wt. (pcf 109.8 110.1 112.6 107.9 109.3 119.7 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. 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: Buffer Compliance 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), check here: ^ II. Applicant Information Owner/Applicant Information Name: Villages of Swift Creek, LLC Attn: Jonathan Skinner Mailing Address: 729 Thimble Shoals Blvd.. Suite 6C Newport News, VA 23606 Telephone Number: 757-873-011 Fax Number: 757-873-0651 E-mail Address: lskinner(a~mccaledev.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: Todd Preuninger Company Affiliation: Withers & Ravenel Mailing Address: 111 Mackenan Drive Cary, NC 27511 Telephone Number: 919-469-3340 Fax Number: 919-535-4545 E-mail Address: Tpreuninger(a~withersravenel.com 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 Page 1 of 8 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: Villages of Swift Creek 2. T.LP. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 078277812 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Villages of Swift Creek Directions to site (include road numbers/names, landmarks, etc.): The property is located on the south side of Trion Road (SR 1009Zand eg nerally west of Gorman Street (SR 1571), in Raleigh Wake County North Carolina. Ivydale Drive bounds the property to the west. 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): 35.7463152 °N 78.7019014 °W 6. Property size (acres): 28 acres 7. Name of nearest receiving body of water: Lake Johnson 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 http://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: The site is currently a residential subdivision. The surroundin ag_rea is~rimarily residential. 10. Describe the overall project in detail, including the type of equipment to be used: The nronosed aroiect includes the construction of a mulch walking trail which will encircle the pond located at the center of the subdivision. Small~-ading equipment (i.e. Bobcat) will be used to spread the mulch along the trail. Only minimal clearing of the understory will needed because the trail will be meanderin tg hrou~h the existing vegetation. Page 2 of 8 11. Explain the purpose of the proposed work: The purpose of this work is to provide a fitness trail/amenity for the surrounding community. 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. Previous impacts for this~roject total 135 LF of permanent stream impact 0 26 acres of permanent wetland impact and 14 316 sq_ft of riparian buffer impact for road construction and lot fill (USACE AID #: 200520181 NC-DWQ #: 04-1796, Ver. 2~e approvals are included with the attachments. 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. None anticipated 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: No impacts to Waters of the US are being_proposed. 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. Page 3 of 8 Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) NA NA NA NA NA NA Total Wetland Impact (acres) NA 3. List the total acreage (estimated) of all existing wetlands on the property: 0.5 acres 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 IenQth X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) NA NA NA NA NA NA NA Total Stream Impact (by length and acreage) NA NA 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_ dred~in~. floodin~_ draina~e_ hulkheads_ 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 ( p) ocean etc. ) (acres) NA NA NA NA NA Total Open Water Impact (acres) NA 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): NA Wetland Impact (acres): NA Open Water Impact (acres): NA Total Impact to Waters of the U.S. (acres) NA Total Stream Impact (linear feet): NA 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. NA Page 4 of 8 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe 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. Prior to site plan development, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and `waters' could be minimized. Impacts to the buffer will be minimized by meandering the trail around the existing trees and we anticipate that only minimal clearin og f the understory will be needed to install the trail. To further minimize impacts, the trail will be constructed using mulch, rather than asphalt. 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. Page 5 of 8 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, available at http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html. 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) 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. Because eenway trails are an allowable activity within the buffer the applicant does not propose mitigation for this project. 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 (919) 715-0476 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://h2o.enr.state.nc.us/wrp/index.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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA 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 (919} 733-5083 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 ^ Page 6 of 8 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC ZB .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? 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 multinliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 2,039 3 (2 for Catawba) NA 2 10,456 1.5 NA Total 12,495 NA * Zone I 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. XI. XII. 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. Because eenway trails are an allowable activity within the buffer, the applicant does not propose mitigation for this project. 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. The stormwater plans were previousl~pproved durin tg he oripina1401/404 review. 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. Sanitary Sewer Page 7 of S XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No 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.elu-.state.nc.us/ncwetlands. If no, please provide a short narrative description: Downstream water quality will not be adversely affected as the result of the mulch eenway trail. The existing development utilizes level spreaders and constructed wetlands to protect downstream water quality. 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). NA yl~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 r.~ _' ~ ~l1/1TH ERS ~'~: RAVEN EL °NGINEERS I PLANNcRS I SUP.VEYORS Site Access;Asent Authorization Form Proiect \~ame: ~~ t,y /~G lit Gl' c~ INS Gr ~(Z~(E~ Property Ot~~ner..'Contract Purchaser: UI t-~~~~5 O~ ~jtt~(p`y- ~1Q~~K, ~,.(,L~ .address: !Z~ ' ~ti,~t ~Q 5~~3 ~~/~ Sy.~-e_,. b~ .N~~~~..f NGws V1~ 236oG Phone: 757 - $73 - 6 0 ! 1 Fay: 7~T-873- 6651 Email _]g ~tNv1QY C~. ~G C ~ ~~G~- CPr~1 I hereb~~ `rant 1~'ithers and Rayenel, IBC permission to conduct em~iranmeartal studies on the propert~~ described abo~ e. In addition. I authorize ~~'ithers and Ravenel to act on nn beha{f~as my a~fent ~~~hen conductinv site meetings and,-or correspondence (i.e. permit ap}~lications etc.; ~t~ith the tiSACE and the NC -Division of S~'ater Quality. if necessary. Propern.• On~ner: ~~~ Date: ~z~2-~ ''j~~ (s> ~natu re) a~ a ONNER: GLENN, THOMAS L JR PIN /: 0782773629 ZONING: RR USE: SINGLE FAUILY OWNER: LYONS, W ROBERT LEE ~ o n GLORIA J rv ~' PIN /• 0782773523 n m ZONING: RR p e USE: SINGLE FAMILY Z ~~~ "'~"'' N Z Q 0 U .` ~a, ,' / ONE 1 NRB ,~ ~ ~ ~ / IMPACTS ~ ~. _ % a \ O x z ~ ll d1 ~~ ~ ~~ ~ ~' / 1 ~ ~ c~~~^ ea \ - - _ ~ _ ~ Y ~~ZONE 2 NRB ~ ~ IMf~ACT5 ~ r / ~ , ; 8' TRAIC~~ ~ - ~ B'TRAIY~ 1'OIV~ ~ I 7 MPNlJ~CTS -~~ ~tl~ W ~ ~ n n n pO ^ I u ~ ~~ ~ I I ~ OWNER: - - BALLENTINE, CLARA PIN /: 0762762591 Yates Mill Tr. USE: VACANT -f TT T -i ~~ t -. ~~~ \~~'~ \ ~~: ~~~ ~ ~~ _ ~ ~\~~~~ \\ ~ \ ~ ~ ~,,~\ \~ ~ \ l~\~®\ \ \~ / 1 \\ W ~ ~ .o Mi !V C N O ~ 2 C SUMMARY INFORMATION ADDRESS: 3801 Gorman Street ACREAGE: 1,214,017 SF or 27.87 Acres PIN: 0782-86-0914 ZONING: R-6 CUDISwift Creek Watershed Protection Overlay SUBDV: Cluster Development USE: Single Family (SF) and Townhome (TH) Dwelling Units IMPERVIOUS POND TRAIL IMPACT AREA: Zone 1 NRB: 0.05 ac or 2,039 sf Zone 2 NRB: 0.24 ac or 10,456 sf TOTAL NRB: 0.29 ac or 12,495 sf - ZONE 1 NRB TRAIL IMPACT - ZONE 2 NRB TRAIL IMPACT \\ ~ ~ \ \~ my Q~ ~ ~ \ z ~ ~\ ` \ ~ \ ~~ / ~~ \ ~ 'ry~ ~~ ~~ ryry~, \ \ \ \ \ ~` GRAPHIC SCALE ~~ ~ ~ ~ 150 0 75 150 300 \\ \ \ _ . \ \ ~ 1 inch = 150 h. a~ ~~ a OWNER: EFC CORPORATION PIN /: 0782875108 ZONING: IND-1 USE: GAS STATION - FOODMART OWNER: WATTS CHAPEL BAPTIST CHURCH PIN /: 0782865655 °. Dale g ~~e, 4a,P WITHERS RAVENEL °°•°~' ~ °~ a,~~. SWIFT CREEK POND TRAIL IMPACT MAP ~ sl~ akM ar pc n~. tNiINtEES I ALAN NE NS I SUNVLYONS ~p1 t07MY,r \~; :1 . - ~ -~~ ~8 ~~ ~ f ~~ ~7 I~r 1 ~' `~ ~~. ~ii .r_~°- ~~ i it f ti~ ~ •.~~ ~n ~ ~ ,. -- ~ ~-. 13" ~ ~~i a,~ I ,~. - _ _- ~ ' u { l ~ ~ ~ w #~ i 14 ~ ~ ~ /",, 3 i t ~ ~~ ~ t-~ ~. .- ~ ~ ~ ~ X00 { i .~ 111 ~a / ~'-`~` (~ ff~-`fi l ~ ~~ ,%t`~~v~'1 ~~'' ~%`, ,,.~_ - 1~.- I "° ~'- __ ~ ° r ° r ~ ~cQ.lfT It . _ / w 67 t x~a ~f-'~( ~ !:... .. { ~ ~~'~ 1=,.~i~ tr ~rF,~t t F~'t\ jti,.~C ~ ~f ~`r /`' `. 1~ ,~~ 1 ~~t ~ ~ ~i i J ~ f \ %_ r w l ++ I „~~ 1", ~ ~ ~ ~.• /~.` ~i1i! ~, ~~ \ {~~ jig` ~` I 1"~' {c" i<. ! '~ r},~1f~; :+.Z$---~ ~ : _. +,r t} r`d r2 €3 s~ ~ ~ f ._ ~ r`~ ~ ~.' i o ~ ~ ~ ~ e 1 ' --~ ~`~ < i ~ ~ 7 \', r '. l,' " t' '.1f ~ "L 74S r ~~~n~ ~0 ~~i ~~`~ ry ~~1) ~~a ~ f ~~ ~ _ •~" ~ ~~ ' A A \ .,.' "K -` ~ 3 `'~~- ` I ~..f~/ ~ i '~~~ 117 ~ ~ ~ ~ ~~ iti ~ ~It ~ ,~ ~ ~ f "` ` ~~: ~ ~ .~ 1 / r~ -~ ~ p . ~. // / l ~ ~ ~'- 'i: y, ~`~l~°T 1. '` r'T a~ {~f ~,„ ~~ ~ >l ~~i ~ ~~`~ ~ +! ~I ~ l ~ ~ r ~ _..m= <'--~1~'y -r~~i /~ YS~ l ' J / ~, ~ i ~ j P r ~ +-~ ~ t /J~~ /, ~ ~. J< ~ i 1 ~. , I-~1I~"~ f ~, ,~ ~ ~~~. ~ ,-~1 tl " ,,lf' ~f "t~, ,y ~ ~' ,` , ,~ ,t,~ r ,~ ~,~aia ~ ;~ ~ ~~ _, - ~: - `~ j ~,~,~ `, ~ ,~~ 1 'I 4~~ ~ /l ~ - 1 ' 4 . ,- ~_ v I i At _ ~ ~ ~ w ~ a, ;~ __ . ~„_ _ ~~ _: _ . - ~ - ~ ~'1~31EJ' .~j' ,,,s,< ~ ~•~ w erg ~ ~~y~~,~~ ~ ~ ~ "~ iK t y f -".erk``"y~~ °.: _ `~' ' } t ~= 1 li(E~ .-~' ~ .... : ~ ~ ~ tic ~L.% Y.' a~ t ~Cfta~rel~: ~~ ~ ~,~` ~ ~ ~ : ` ~ ., }~r k i 1 . ~,w ~,.~m~ ~ m ,;. ~ r • ~ - .~ - • ~ rr _. . __ .. . __ _ l ~ ~~ ~ f,lJ r.,g y,;~ ( f~ m `!~` I '' ~.f hlnhra ~ '+~ ~ a 11 k ~..-"-'~ 1 t ~ y t ~ ~ 1 , L ~ " ~ _ ~ } RMd16 r f r < _ ~~~'~~a,__~ ~~ ~.~1 `,-'' '_ti_, ~t ~ ~~~1 ~. ~~ tI ff~~ ~wRr' ~137j11 . _ - { ~ s ~' !' _ t ~r 1 t, ~, " ~ ' ' ~l f ~~r~ ~.J • ~ 1 tit ~ o , •, ~ r ~~ ~ ~ i _, f ``- _ ~~ ~~ _.~ ,~~ ~ ~,. . ? tit-`~. ,~~~, __I ~ '~~s~,~. I ~ `t .'~ ,r , ~ ~,~ . - f; ~ , i"~ _ ,- '` ~ ~ - °~1 ~ :; 4 ~~ Lam, r'`~-~ 1 A i s ~,~ '{~l" tti a /~ ~~ ' ~ ~,~ ' z ~ _ ~~sr t~l •~ !! - - t^'~ ~~ ~-~ ~'~ 439 t _- ~ ~. - ~ ~ 4~,~ i ~ F ~~ ~ ° '. r,~#'3?7.. ,,. J , _~. ~, . f ~. 1i I k '~/ a,t €3iE ~R ?F;itiA 4C~TTi, li![IKfR4Tf~~ ~ ~~~ WITHERS ~~~ RAVEN EL ~ -. r- 4. ~~ ~ $ ti ~ ~ ~ ~~ ~~ ENGIN E cR S I PLANNERS I SL`-R VEVORS I ~ L ^~ ~~ 4' ~ 111 MacKenan Dnve Cary, North Carolina -~ `'`~.- , ~_„ ~,e ~,f , ~ ~~~ ' ~•, i telephone: 919.469.3340 www.wRhersraveneLcom "`'~__~'}`~~ ^" ~~``~~`` _ ~,!~ 'f~-~ ~~ ~ ~ r„ \ ,~( ~~~1 2,000 1,000 0 2,000 Feet // ~`~.. _-` ~`°~~ . _:_ 1 ~'' E # ~ ~_: l~1"~~ tt4{t Proect #203209\GIS\Wetlands USGS.mxd Dec. 23 2005 ~ .~~ - - U .~iiua:a~u t~/~UUL tvflCtliiGi t'. ~,LLStCj~~ GU4 V"Cr+flr OF ~ AT'~R O o ~~ > W~/~ -~ V'illa>ye6 of Swift Creek, I,LC Attxi: Jonathan Skinn+~ 729 Thimble Shoals J3lvd., Suite +~~C ~tewporc News, VA 23606 Wi]li~rn G. Ross 7r.. SwrcG,ry Nwth CaYblinr UePU'r~mcTx oC EnwonmCCtt and Nawrai j2,eG6u~Ca:1 Decemlaex 14, 2004 lilpn W- tCficnck, P.E. pitbccor Division of Waver Qualify DWQ EXP No. 041.796 Wake County Page 1 of 4 Subjectl'ropi~y: Mirror 7..ake Subdivigian UT to I.-cke Johnson [03-04-02; 273-5^(1,5}, 'WS-IIY., NS~tiV] V f 40X WateK Qus+<iity Ccation apd AIJTHORIZATYON CE1z77FICA7`E per the APPZtO AL o Neuse)LZ',iwer Suffer Protection Rnles (l~A NCAC ZB .0?.33} ~yiitlt Anp~ONAY. CONAi"1'IO E?,<P'I~ESS ILE'VrE'PV PAOGR~.M Dear Mr. Skinner: You have our approval, in accorianCC ~~ tlae attached conditions and those listed below, to p13ci: fil! act 0.31 acres of wetyands,1151vtear feet of streams arxd 13,709 square feet (ft") within ar othrrwise iFttp u ose of subdivision at the subjrrct property, as described withif~ of protected rip2fxiarc buffers for d1e p ~ your application dated I~Tavembar i l , 2004No e~a~ ~ 2004, November ~ a~ 04 and Nov~emb~ ~' ~ 0 and all additional inf'onnatio>~, rE-cetved on 2~q,, p~fter reviewing your aPf•licatioit, wr: have decided thstt the impacts arr~ covered by the N.G- ~, General ~ Q'u~Yty Certification N~ber(s} 3402 (GC3402). The Division o£"Wutc:r Quality (~ ~ Co a of Czttifieation(s) aliows yon to ur:.e Nationwide 1't:.rmi~S) 39 ~ ~ A~ort~zat7ori CertificA e fore rnpaCCs L'o SACL). This letterc shall also act as Y aPP Engineers ~ 4~ 15A NCAC 2B _0233. In addition, you should obtain or otherwise the pxotected riparian buffers P comply with any other requireC fedexalan, ss Sediment ControlSNo -dfscharge~anod W ter Suppl~'o~ect including (but mot limped w) Erosion osed irnpat:ts or to conduct impacts VlTfltexsheci regulatyons. Also, t:lu5 appxoval tv proceed with your prop to waters as depicted in your application shall expire upon axgirstion of the 404 oz CAMA permit. our ltcation. Lf you change your This appro'va11s for the purpoGe ~d design that you described in Y ~ ' ro ci is sold, project, You must notify us ancd you maybe required to send tis a noel P is there y r~sPo Bible i'ar the new owner must be givon :;~ enpy of this Certifies o ~tannoawpor in the future) exceed one sore of complying with all conditions If total fills far t11i51~it ati n may be required. as described in 1 ~A wetland or 150 li.tleal' feet of strum, oompeusatory rn g NCAC 2H .0506 (h). Thi.S approval reelLUres you to foAow the conditions listed ixf the attached certification and any additional conditions listed below. Conditions: 1- Impacts ApPrev~d ved as long as all of the ot].ier specif1o and gC11ordl The following inYpac~ts are kit-reby appro are Ytfet. No other i~ypacts are conditions of this C~~rtificatian (or Isolated 'Wetland Permit) ~,a Cs>ro 'ts~o a,pprovc~d including i:noider-tal mipacts. tut'irsll~/ Aol WetiandsCg~1{icaUon Volt a 276:1850 1960 Mail S9rvlCe ConOar, Fialei8h. N ~ C+~ ~ Crtolina 278D4 2321 Crabtree Btwl'vvard. Suila 250. 93! Intetnak t~ 2a nt. tat nc. Inc:~vetl s Phpne, 919-733-1760! FAX 918-73388 Art Equal OpporlunUy/A~r'ma~e A,etlen ~pbper - 5(~'b RecyCledllC°k Post Consumer Papec Z9b69~~ : k7,L ~689~1.5t6 Sahltill-~M-~Jf'I4 ~W0~1~ 2b~0~ b~fli?-bT-~ i i i a. uua..., tY_I U U J Vlitages of Swift Creek, LLC Page 2 o~f 4 12114!04 .Amount Approved ~ plan I.,ocation or 444 ils feet ];ifi~uc #1 ~ z 0.31 (acres) Fi. a #] 13.709 (sgvarc ft.) P'iture #2 2. Erosion & Sedunent Control Practices Erosion and sediment cor~t~rol practices mustbe in full compliance with all specifications governing the proper desi~, installation and operation and maintenance ofSUCh Best Manage'mcn,t Practices in order to protect surface w~:tet9 standards: a. The ¢-rosion and s:dimeat conorol measures for the project must be designed, installed, opted, and xna~ntained in accordance With tht moat recent versioa of the Nprah Curutfna Sediment and ,Erc»ston Control Planning una[I~esign 1Vlanscdt. b. Th® design, insta. lat1411, operation, and maintenance of the sediment and erasion control rneasurCS must b~ swab that they etqusl, or exceed, the regt>xremenCS specified in the most recent version of the North Carolina bedin:erct send Erosion Cortcrvl ]1~cmuut. The devices shall be rnaintainod on all canstruvtion sites, borrow sites, and 'vcra9te pile (spoil} Projects, including contractor-owvx~ed or leased l5a'row pits associated with the project. 3 . No 'Waste, Spoil, Solids, «:~r Pill of Any bind No waste:, spoil, solids, o} $.11 of any kind shall occur is wetlands, wBtZrs, or riparian. areas beyond the footprint of the impacts d~4•picted in the PreconsttuctionNetice Application. All construction aotivities, including the d~~sigp, installation, operation, and maintenance of sediment and erosicm aontoo] Best lvlanagemen: Practices, shall be performed so that no violations of state w:~ter cl,uali~ty standards, staiutcr, or xu1~.5 occ~u. ~S. No Sediment & Erosion k~outrol Measures txrln Wetlands or Waters Sediment and erosion ca~•itrol measures shall riot b~ Placed in wetlands or waters to the maximum extenc practicable. Yf plate-emer~.t of sediment and erosion =~om1 ~ ~~ n ~ ~o ~y o~ h~ a c't tu~.voidable, they s}xall by removed -and the natural grad the Division. of Land Ree.ouraes has released the project. Written Stormvvater Ma~aage~rnent Plan Tl~e final, written staxmrNatx~t management plans (including a signed and natari2ed Qperation and Mairstenance Agreerneni.) dated October 8, 2004, must 6e irnpleatnented and the storrnw-ac~er management facilities sll-all be eonsinxcted and operational before any permanent building is occupied at the subject site. The ~ruatural storrnwgterprachees as approved by this Office as well as draiasge patterns must be mainta.ned in pcipettrity. No changes to the structural stnrmwater practices shall be made without ~vtitten authorization from the Division o£Water Quality. 7rs an effort to comply with the diffuse flow provision of the>3uffer Rule (15ANCAC 02S .0233(Sj), you have provided the I~)~VQ with level spxeadCr designs dated November 11, 2444 and Novc1ziber 29, 2004_ The DWQ l~::iie'ves that if unplemented, as pet' these plans, diffusa flow will be aclzivvad. AovcTever, if diffuse Clow as per 15A NCAC 02B .0233(5) is not achieved, then the D~'vQ shall be notified and corrective {coons to restore diffuse flow shall be taken. if necessary to impede the forcnaCion of erosion gL.llies. At r~o tirrse shall srt~~~ ~o~~a~onz°posed development Ue piped directly through the bu°fer without prior p~VQ .~- • a Z9~69b86 ~ Ol ~6gg~~L6t6 SdNtj1J.~M~t~f1a ~WO~.~ Eb =0ti b~~l~-bti -- Vlpages of StinFift Creek, I.LC Page 3 oP 4 12114/04 The t~pCrati4n & 1Vlairttenfance (08tH) agrteme~nC signed by the ourrer~t landowner must be approved by the D~7V'Q. This O&NI agreement must transfer with the sale of the land or h^ansfer of responsibility for the stcmr~water facilities and the DWQ must be notified of every transfr~r. 6. Culvert Installation Culverts required for this ;:rroject shall be installed in such a manner' that the original stream profiles are not altered. Eacisting stream dimensions (including Clt,e cross section dimensions, pattern, and longitudinal profile) must be mairttain~sd. above and below locations of each culvert. Culverts shall be designed and installed to :allow fox' aquatic life movement as avel] as to prevent head cuttinb of tl~ streams. if any of the exi;~thig pipes are or l~econQe perched, the a~pprapriate stream g~ade shall bc~ ro~ established or, if the piper installed im a perdzed manner, the pipes shall be removed and re-installed correctly, 7. Protective Fencing The outside buffer, wC't1A' ld or water boundary and alOrig the CODStrllCtion Corridor within these boundaries approved ~und~ this autktorization shall be clearly rnarks:d with orange •wamirtg fc`uoing (or similar high visibility ma:srigl) for the areas that have bran approlred to infringe within the buffer, wetland or water prior to any lazed disturbing activities to ~xtsure compliance with 15A NC.A,.C 2]~ .0233 and CTC 3Q-02. g. Cozvsrntction Stormwater Permit NCGO10000 Upon the appro'vul of an lrrosion and Sedimentation Control Plan issued by the T~ivision of Land Resources (IaLR) or a D::.R delegated local exosiorr and sLdinairntstion control program, an NPDLS General stormwater pernlit (NCGOI W00) adz:ninisbered by DV~Q is automatically issued to the project. 'this General Permit al]o~vs s'Carmwater to be discharged durixa,g land disturbing construction a.CLivities as sripulated b~' conditions in flue permit• Yf y°~~ PrOI~ is covered by this permit applicable to construction pro3ecCS that disturb ono (1) or mo7re acres], full compiiance with persi~it conditions including the sedimentation control plan, self-monitoring, record keeping astd reportin(; requirements are required. A copy of this permit and monitoring report forms may be found at ~~ •1/h ~!i qtr stette. rte. t~ ~~a~/F'orau ~•hirn. g. DeedNotifcations DESed natiiications or sir~rilar moelrarisms shall be placed on all retained jurisdictional wetlands, waters and protectY'Ve b~~ ffers in order t0 assure compliance for future wretland, water grad buffer impact. These me~hanicros shall be put in place prior To impacting any wetlands, waters and/or buffets approved for irn~sact under this Certification Approval anal Authorir8tion Certifcate. A sample deed rtotificatiori, can be downloaded $om the 401/Wetlands 1.Tnit web site at h~;//h2o_cnr.state.ric.u:/ncW~tlattds. The text of the sats~plt deed notit3c:rrion xnay be modified as appropriate to suit to this project. 10. Notification af'C.onstru~::tion The applicant and/or authoi~xed agent shall contact the DWQ Expxtlss Revie~r Program in writing at the letterhead address within 10 days of the coztrmestcement of construction. i 1. Certificate of Completi'~a Upon eo~tplation of all work approved Within the 401 Water Quality Cetification or applicable Buffer Rubs, ~.nd ~y subsecluerat modifications, the applicant is required to return the attached c,+,:.1 Lgb69b85"Ol ~689£~Z6I6 54Nd~l~M-t9M0~W02i~ 6b~~1 bBDc-bT.-_ ~ rrttnr,tt7 IQJUU5 Villages of Swltt Creek, LLC Page 4 aP 4 12J'I 4104 ccrtifieate ofcomgletion tca the 441/~Wotlands Unit, Notch Carolina Division of Water Quality, 1650 Mail Service Center, Rslei gh, N'C, 276991650. Violations of any condition hereizt set forth may result in revoeattion o£ this Certification. aad may result in criminal andlor civil penalties. The authorization to prooeed'ovith your proposed imptacts or to conduct impacts to waters as depicted ; n your' applicatiazt and as authariz~ed by this Certification, sl~,all exparC upon expiration of the 404 oz CAM4 permit. If you do not accept any of the conditions of this Cerrificatior~ (associated rovith the app7roved ~Jetlat~d or stream impacts), you may ask for an adjudicatory hearing. You must act ~,vitlzin 60 days of the date that you receive this lettez'. To ask for a hearing, send a written petition, which conforms to Chapker 1 SUB of the NorTh Carolina General St;3tutes to the Office of A,dxninis>:r'dtrat hearings, 6714 Mail Service CcntGr, Raleigh, N.C. 27695-6714. This certificaY~on and its condirions are final. and binding unless you ask fo;r a hearing. Tl~i~ lcuer oomplClCS the review of Lhe DiviSiori of Water Quality under Sectivz~ 4U 1 of the C:le;~uz 1+ti'at~r Act and the Neese riparian baf~'er protection iuld Ss descn`bed within 15A NCA.C 2D .0233. Yf you lia~'a any questions, please telepho~ie Cyndi Kardly at 919-733-9721 or Dcbozah Edwards at 919-733-9502. Sinceto~y, ~C~l Alan W. Klimek, P.E. AWK/doe gttachtncnts: Certificate of Completion GC 3402 Cc: Todd Preunitager-SBaEC [J'SACL Raleigh Re~~ulatory Field Office DWQ Raleil;h 12egi<~1aal Office IILR Raleigh Regioi~.tal Oi~oe Eile Copy Central Files ks~ename: 041796Min-arJ.ala:(Wake)1?Xl'+4U l+ba'fi'cr c.c:.~ L9b69b86'I:)1 ~6$9£~Z6T6 SaNF1~J.~M-~10~W~~J~ 6b=0ti b~N~-bL ~