20041677 Ver 1_Complete File_20041210

~pF WATFR p Michael F. Easley, Governor
'0 G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
.r Alan W. Klimek, P.E. Director
Division of Water Quality
December 10, 2004
DWQ Project # 04-1677
Wake County
Page 1 of 4
Al Hunter
9800 Chander Drive
Raleigh, NC 27615

Subject Property: Watauga Street Townhouses, Watauga Street, Raleigh, NC
UT to Cemetery Branch [03-04-02, 27-33-18-2, C NSW]

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Hunter:

You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 300 feet of perennial stream for the purpose of constructing
eleven (11) townhouses and associated parking at the subject property, as described within your
application dated October 15, 2004 and received by the N.C. Division of Water Quality (DWQ)
on October 15, 2004. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s)
allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 Permit.

This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved - The following impacts are hereby approved as long as all of the other
specific and general conditions of this Certification are met. No other impacts are approved
including incidental impacts:

One
401 Oversight/Express Review Unit N QtIlCQ~~Z,J
1650 Mail Service Center, Raleigh, North Carolina 27699.1650 /
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetiands

WATF9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
112,
r North Carolina Department of Environment and Natural Resources
> WDU ,
Alan W. Klimek, P.E. Director
Division of Water Quality
December 10, 2004
DWQ Project # 04-1677
Wake County
Page 1 of 4
Al Hunter
9800 Chander Drive
Raleigh, NC 27615
Subject Property: Watauga Street Townhouses, Watauga Street, Raleigh, NC
UT to Cemetery Branch [03-04-02, 27-33-18-2, C NSW]
Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Hunter:

You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 300 feet of perennial stream for the purpose of constructing
eleven (11) townhouses and associated parking at the subject property, as described within your
application dated October 15, 2004 and received by the N.C. Division of Water Quality (DWQ)
on October 15, 2004. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification (s)
allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers
(USAGE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 Permit.

This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved - The following impacts are hereby approved as long as all of the other
specific and general conditions of this Certification are met. No other impacts are approved
including incidental impacts:

401 Oversight/Express Review Unit NYQta'a';
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 /
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httg://h2o.enr.state.nc.us/nmetlands

Al Hunter
Page 2 of 4
December 10, 2004
Amount Approved Stream Type
(Units)
Stream 300 (feet) Perennial

2. DWQ Approved Stormwater Management Plan - An additional condition is that a final,
written stormwater management plan shall be approved in writing by the DWQ
Wetlands/401 Unit prior to impacting any streams or riparian buffers on the subject property.
The stormwater management plan must include plans and specifications for stormwater
management facilities that are appropriate for surface waters classified as "C NSW" and
designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. The plans shall include the stormwater
management facilities (e.g., bioretention areas and grassed swales) specified in the
conceptual plan dated August 26, 2003 provided within your variance request. These
facilities must be designed to treat the runoff from the entire project and off-site runoff as
specified within your variance request, unless otherwise explicitly approved by the DWQ.
Also, before any permanent building is occupied at the subject site, the facilities (as approved
by the DWQ) shall be constructed and operational, and the stormwater management plan (as
approved by the DWQ) shall be implemented. The structural stormwater practices as
approved by the DWQ as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization
from the DWQ.

3. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) - Mitigation
must be provided for the proposed impacts as specified in the table below. We understand that
you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the
EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment.
For accounting purposes, this Authorization Certificate authorizes payment into the
Wetlands Restoration Fund to meet the following compensatory mitigation requirement:

Compensatory Mitigation River and Sub-basin
Required Number
& Stream Index Number
Stream 300 (feet) 03-04-02, 27-33-18-2

4. Buffer Impacts, Major Variance & Buffer Mitigation - On October 1, 2003, the DWQ
sent you a letter detailing the decision of the Water Quality Committee (WQC) of the N.C.
Environmental Management Commission approving your request for a major variance to
impact 28,512 square feet of protected riparian buffers. One of the conditions of the WQC
approval included 69,819 square feet of buffer mitigation to be satisfied by payment into the
Riparian Buffer Restoration Fund. You are required to make this payment as stated below
before any impacts occur to the protected riparian buffers.

r
Al Hunter
Page 3 of 4
December 10, 2004

You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 69,819 square
feet as required under this variance approval and 15A NCAC 2B .0242. We understand that
you wish to make a payment into the Riparian Buffer Restoration Fund administered by the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ and the WQC to be a suitable method to meet the mitigation
requirement. In accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program), no impacts specified in your approved variance may occur. You should contact
the EEP at [phone] if you have any questions concerning payment into the Riparian
Buffer Restoration Fund. For accounting purposes, this variance approval authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 69 819 ft2 of
required riparian buffer mitigation for impacts to approximately 29,621 ft2 (and 300
linear feet) of protected riparian buffers; 03-04-02 river and subbasin, 27-33-18-2
stream index number.

5. Erosion & Sediment Control Practices - Erosion and sediment control practices must be in
full compliance with all specifications governing the proper design, installation and operation
and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.

6. No Waste, Spoil, Solids, or Fill of Any Kind - No waste, spoil, solids, or fill of any kind
shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts
depicted in the Pre-Construction Notification. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.

7. No Sediment & Erosion Control Measures w/n Wetlands or Waters - Sediment and
erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of
the date that the Division of Land Resources has released the project.

8. Certificate of Completion - Upon completion of all work approved within the 401
Water Quality Certification or applicable Buffer Rules, and any subsequent

Al Hunter
Page 4 of 4
December 10, 2004
modifications, the applicant is required to return the attached certificate of completion to
the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.

Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 Permit.

If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.

Sincerely,

Klim , P.E.

AWK/CBK/bz

Enclosures: GC 3402
Certificate of Completion

cc: Kevin Martin, 11010 Raven Ridge Road, Raleigh, NC 27614
Ron Hendricks, P.E., Piedmont Land Design, LLP, 8366-104 Six Forks Road, Raleigh, NC 27615
Richard Stockett, Home Places, LLC, 4098 Barrett Drive, Raleigh, NC 27609
Bill Brower, 222 West Hargett Street, PO Box 590, Raleigh, NC 27602
Jimmy Carter, Assistant Secretary, NCDENR, 1601 Mail Service Center, Raleigh, NC 27699
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 04-1677

~~F WATF9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
\t7 G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
-i Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION & MAJOR VARIANCE APPROVAL
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, Al Hunter has permission as outlined below and within the
General Water Quality Certification (WQC) Number 3402 w/ additional conditions for the purpose(s) of constructing 11
townhouses and associated parking. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached certification transmittal letter. THIS CERTIFICATION AND MAJOR VARIANCE
APPROVAL ARE NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)

DWQ Project No.: 04-1677
Date: December 10, 2004
LOCATION: Raleigh
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (rive r/subbasin); 27-33-18-2 (stream index no.)
As required by 15A NCAC 2H .0506 and 2B .0233 and the conditions of WQC No. 3402 w/ additional conditions, you are
required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands,
surface waters and/or buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
[Note: Acreage requirements proposed to be mitigated through the EEP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).]
0 acres of Class WL wetlands
0 acres of riparian wetland
0 acres of non-riparian wetland
300 feet of stream channel

69,819 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A NCAC
2B .0233. If you choose this option, please sign this form and mail it to the EEP at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.

Signature Date

ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)

PLD Piedmont Land Design, LLP
8522-204 Sig Forks Road • Raleigh, NC 27615 • [phone] • Faz: [phone]

January 7, 2005

North Carolina Division of Water Quality, Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Attention: Cyndi Karoly

Reference: Watauga Street Townhouses
DWQ Project No. 04-1677

Dear Ms. Karoly:

On behalf of the property owner, we are hereby requesting that the requirement for payment of the
compensatory mitigation within one month of the approval of the 401 Water Quality Certification
be waived. We are requesting that this requirement be modified to allow the payment to be made
prior to impacting this stream. This project is currently in the site plan approval process with the
City of Raleigh. Once this is complete we will then have to go through the City permitting process
to allowing the grading of this lot and construction of the townhomes. This impact will not occur
for several months.
We appreciate your consideration of this request. Please call if you have any questions or need any
additional information.

Sincerely,

9 IVL~'
Ron Hendricks

RSWS RPH: rph

cc: Richard Stockett
Kevin Martin

JAN 1 2 2005
p~NR WATERaA"Mi Ao
IF STOM,

PLD

01/07/2005 18:15 5198457703 PIEDMONT LAND DESIGN PAGE 01102

PLD Piedmont Land Design, ALP
8522.204 Sig Forks Road • Raleigh, NC 27615 • [phone] • Fag: (919) 845-703 _ base SPA

TRANSMITTAL l
G At4L~~o i~

U) IV,-
DATE January 7, 2005 I cUv,S~ ire/ /
o
e )J
TO NC Division of Water Quality _ o" ~J,,?
Wetlands Unit

r ATTENTION Cvndi Karoly FAX NO. 733-6893

REFERENCE Watauga Street- DWO Project 04.1677 PAGES 2

COPIES DESCRIPTION
1 Letter 0 FOR YOUR REVIEW
_ ? FOR YOUR COMMENT
C] FOR YOUR APPROVAL
_ ? FOR YOUR. USE

COMMENTS
Enclosed is a letter requesting additional time to make avment for the compensatory )(5
mitigation for this project.

Please review and give me a call if ou have an uestions.

Thanks, "

FROM Ron Hendricks pitrj

COPY Richard Stockett-787-51.47
Kevin - v \
Martin $46-9467
JOB CODE RSWS 5~ UJ

b~' ~V-

Civil Engineers • Ldudsca a Atrhitecls Land Planner "
fl s - G
JAN-7-2005 FPI 17:52 TEL:[phone] NAME:DWO-WETLANDS i

01/07/2005 10:15 9193457703 PIEDMONT LAND DESIGN PAGE 02/02

PLD Piedmont Land Design, UP
8522-204 Six Forks Road • M69b, NC 27615 • (919) 8457600 • Fax: [phone]

January 7, 2005

North Carolina Division of Water Quality, Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Attention: Cyndi Karoly

Reference: Watauga Street Townhouses
AWQ Project No. 04-1677

Dear Ms. Karoly:

On behalf of the property owner,,we are hereby requesting that the requirement for. payment of the
compensatory mitigation within one month of the approval of the 401 Water Quality Certification
be waived. We are requesting that this requirement be modified to allow the payment to be made
prior to impacting this stream. This project is currently in the site plan approval process with the
City of Raleigh. Once this is complete we will then have to go through the City permitting process
to allowing the grading of this lot and construction of the town_b.omes. This impact will not occur,
for several months.
We appreciate your consideration: of this request. Please call if you have any questions or need any
additional information.

Sin a y,

Ron Hendricks

RS WS RPH: rph

cc: Richard Stockett
Kevin Martin

PLD
JAH-7-2005- FRI 17:52 TEL:[phone] HH-ME: D6,10-WETLAIIDS P. 2

[Fwd: Plan to bury stream gets extra scrutiny]

Subject: [Fwd: Plan to bury stream gets extra scrutiny]
From: Bob Zarzecki <[e-mail]>
Date: Tue, 11 Jan 2005 13:27:16 -0500
To: Cyndi Karoly <[e-mail]>

fyi you have put their request for an extension on their mitigation payment in my box I replied back
possibly offering them another 6 months given this article I'm not sure that this site will ever be
built if so, it looks like they will have an answer by the 18th you may want to extend it just one
more month and wait and see what the City decides to do you're call

Original Message
Subject:Plan to bury stream gets extra scrutiny
Date:Tue, 11 Jan 2005 12:19:11 -0500
From:Susan Massengale <susan.inassengalc@ncinail. net:=-
Organization:NC DENR DWQ
To:DWQ Clips <DENR.DWQ C1ips.DWQ(ii)ncma1 l.net>, Bob Zarzecki
<Bob.Zarzcckl(a),nCmai I.nct>

From the Raleigh News and Observer

Plan to bury stream gets extra scrutiny

By SARAH LINDENFELD HALL, Staff Writer

RALEIGH A developer maintained Monday that his plan to bury a stream to make way for
townhomes near downtown meets all the city's regulations.

But neighbors, during a special court-like hearing, said the project will only make downstream flooding
worse.

A special City Council panel heard at least five hours of testimony Monday night on a plan to build
townhouses off Watauga Street south of its intersection with East Franklin Street.

The panel Mayor Charles Meeker and council members James West and Jessie Taliaferro had not
made a decision by press time. Meeker said at the beginning of the hearing that the panel may wait until
Jan. 18 to make a decision.

Development firm Homeplaces LLC appealed its case to the council after
the city's Planning Commission voted 10-1 in October to deny the project.
The commission rejected it because of concerns about downstream flooding.

The firm wants to run an existing stream through a buried pipe to make room for I 1 townhouses on 1.07
acres on Watauga Street.

The Division of Water Quality has approved a variance that allows the company to bury the stream,
which eventually flows into the Neuse River, if developers pay $127,000 to the state to make up for the
disruption.

1 of 2 1/11/2005 1:48 PM

[Fwd: Plan to bury stream gets extra scrutiny]

Developers, led by Richard Stockett, still needed approval from the city, including variances on the city's
requirements, to move forward.
On Monday, Tom Worth, a land-use lawyer representing Homeplaces, argued that the project complies
with city rules.

Homeplaces' plans include building stormwater measures that won't allow water to run off the site any
more rapidly than it does now for storms that typically happen every two years, and 10 percent less for
storms that tend to occur every 10 years. Developers also propose measures to control stormwater during
construction.

Stockett testified that only 39 percent of the property could be used for construction if he couldn't bury
the stream. He said that when he bought the property in August, he thought he'd done what was needed
to get the necessary approvals.

Harlan Britt, former deputy director of the state Division of Water Quality, who now works for
Kimley-Horn & Associates, said that adequate measures were being taken to protect the neighborhood.

"Based on the small size of this project, I believe the impact will be negligible," said Britt, a witness
for the developer.

But neighbors, who represented themselves, disagreed.

Their witnesses testified about existing downstream flooding and the wildlife that lives in and around the
stream. They maintained that the stormwater devices wouldn't work as expected.
They also questioned any approval of a plan to bury a stream as cities, including Raleigh, work to restore
them above ground.

Natural streams play an important role in cleaning pollution that rolls off rooftops and driveways, and in
handling stormwater.

"To damage water quality," said Matthew Brown, a resident who helped lead the community's fight, "is
to damage our quality of life."

Staff writer Sarah Lindenfeld Hall can be reached at 829-8983 or sarah.lindenfeld(4>,newsobserver.coin.

2 of 2 1/11/2005 1:48 PM

Re: Watauga St/today's N&O

Subject: Re: Watauga St/today's N&O
From: Bob Zarzecki <[e-mail]>
Date: Tue, 11 Jan 2005 13:30:00 -0500
To: Cynthia Van Der Wiele <[e-mail]>, Debbie Edwards
<[e-mail]>, Cyndi Karoly <cyndi. karoly@ncmai 1. net>

fyi they still owe us stream mitigation, buffer mitigation and a stormwater plan be sure to review
their final stormwater plan for aquatic life passage they've recently requested an extension on when
they need to make their payment into EEP Cyndi is deciding on the extension at this time

Cynthia Van Der Wiele wrote:

Plan to bury stream gets extra scrutiny

By SARAH LINDENFELD HALL, Staff Writer

RALEIGH A developer maintained Monday that his plan to bury a stream to make way for
townhomes near downtown meets all the city's regulations.

But neighbors, during a special court-like hearing, said the project will only make downstream
flooding worse.

A special City Council panel heard at least five hours of testimony Monday night on a plan to build
townhouses off Watauga Street south of its intersection with East Franklin Street.

The panel Mayor Charles Meeker and council members James West and Jessie Taliaferro had
not made a decision by press time. Meeker said at the beginning of the hearing that the panel may
wait until Jan. 18 to make a decision.

Development firm Homeplaces LLC appealed its case to the council
after the city's Planning Commission voted 10-1 in October to deny
the project. The commission rejected it because of concerns about downstream flooding.
The firm wants to run an existing stream through a buried pipe to make room for 11 townhouses on
1.07 acres on Watauga Street.

The Division of Water Quality has approved a variance that allows the company to bury the stream,
which eventually flows into the Neuse River, if developers pay $127,000 to the state to make up for
the disruption.

Developers, led by Richard Stockett, still needed approval from the city, including variances on the
city's requirements, to move forward.

On Monday, Tom Worth, a land-use lawyer representing Homeplaces, argued that the project
complies with city rules.

Homeplaces' plans include building stormwater measures that won't allow water to run off the site
any more rapidly than it does now for storms that typically happen every two years, and 10 percent
less for storms that tend to occur every 10 years. Developers also propose measures to control

1 of 2 1/11/2005 1:48 PM

Re: Watauga St/today's N&O

stormwater during construction.

Stockett testified that only 39 percent of the property could be used for construction if he couldn't
bury the stream. He said that when he bought the property in August, he thought he'd done what was
needed to get the necessary approvals.

Harlan Britt, former deputy director of the state Division of Water Quality, who now works for
Kimley-Horn & Associates, said that adequate measures were being taken to protect the
neighborhood.

"Based on the small size of this project, I believe the impact will be negligible," said Britt, a
witness for the developer.

But neighbors, who represented themselves, disagreed.

Their witnesses testified about existing downstream flooding and the wildlife that lives in and
around the stream. They maintained that the stormwater devices wouldn't work as expected.

They also questioned any approval of a plan to bury a stream as cities, including Raleigh, work to
restore them above ground.
Natural streams play an important role in cleaning pollution that rolls off rooftops and driveways,
and in handling stormwater.

"To damage water quality," said Matthew Brown, a resident who helped lead the community's fight,
"is to damage our quality of life."

Staff writer Sarah Lindenfeld Hall can be reached at 829-8983 or
sarah.lindenfeld(q-)newsobserver.com.

2 of 2 1/11/2005 1:48 PM

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Subject: Raleigh - Residents object to burying stream
From: Susan Massengale <susan. massengale@ncmai 1. net>
Date: Mon, 29 Nov 2004 14:12:15 -0500
To: DWQ Clips <DENR. DWQ_C lips. DWQ@ncmai 1. net>, Bob Zarzecki <[e-mail]>

From the News and Observer

Residents object to burying stream

By SARAH LINDENFELD HALL, Staff Writer

RALEIGH Vanese Clough doesn't mind development. She bought a home on Brookside Drive, close
to downtown, because she enjoys living in an urban area.

But development, she said, must be responsible. Clough and some neighbors are fighting a developer's
plan to bury an existing stream and put it in a pipe to make room for 1 I townhouses. They say the
project will make downstream flooding worse in their central Raleigh neighborhood.

"We want that urban feel," said Clough, an industrial designer. "We want that density. But there's a point
where you have to let nature be nature."

Plans for the Watauga Street townhouses have meandered through the approval process for more than a
year.

Last fall, the state Division of Water Quality approved a variance that lets developers put the stream
underground if they pay $127,000 to the state to make up for the disruption to the stream, which
eventually flows to the Neuse River, and the land along it. Without the variance, developers would have
had to set aside much of the property to protect the Neuse.

The developer, Homeplaces LLC, still must win approval from the city for the project, including
variances to city requirements. Late last month, the city's Planning Commission voted 10-1 to deny the
project because of concerns about downstream flooding. The company, which bought the property in
August for $275,000, appealed the decision to the City Council.
Now the project is scheduled before a special panel of three council members Mayor Charles Meeker,
Jessie Taliaferro and James West. The group will hold court-like proceedings on the issue, probably in
January. The panel members can't discuss the plans, and neighbors and developers can't lobby them.

The case could end up in Wake County Superior Court.

Richard Stockett, of Homeplaces LLC, was out of town and could not be reached for comment this
week. David Lasley of Piedmont Land Design, which is working on the project, said he can't comment
because of the pending hearing.

But at a commission meeting in October, Lasley contended that the project meets the city's regulations.

He said stormwater measures planned for the project won't allow water to run off the site any more
rapidly than it does now for storms that come every two years, and 10 percent less for storms that come

1 of 2 11/29/2004 2:19 PM

imap: //bob. zarzecki%40dwq. derv. ncmai I. net@cros. ncmail. net:143/fe...

every 10 years.

Developers also propose to install measures to control stormwater during construction. And the project
includes a network of stormwater measures to handle water that runs off the buildings' rooftops and
parking lot.
Homeplaces' plans for the property also are far less dense than the zoning allows. The property is zoned
for 20 homes per acre, but 11 are planned on the 1.07-acre site.

"We believe the project as proposed meets or exceeds all the requirements of the code and the
Comprehensive Plan," Lasley told the commission in October.

Chris Yetter, who lives in the historic Oakwood neighborhood nearby and likely will be the broker
working on the project if it's built, said the project would be a good addition to the neighborhood.

"Being culverted under the townhouse project is certainly not going to stop the stream from performing
its duty," Yetter said.

For decades, waterways were buried to make way for development and roads. But a new practice to
restore waterways is growing in popularity because natural streams play a crucial role in filtering
pollution that rolls off rooftops and driveways, and in handling stormwater. Raleigh is working on such
a project now.

Residents say it doesn't make sense for Raleigh to let someone bury a stream now, when there is a
movement to dig them back up.
"It's like going backwards in time," Clough said.

And residents worry the planned underground pipe will direct the stream into a smaller city pipe under
Watauga Street, which could lead to flooding in heavy downpours. Water also could back up
underground, they say, causing problems upstream from the site. And water in a pipe rushes downstream
much more quickly than water that flows along a meandering stream.

"There will be even more water, faster for sure," said Zinith Barbee, who lives downstream on Glascock
Street. Barbee has worked as an engineer in highway drainage for the state Department of Transportation
and has studied the plans.

Neighbors closer to the project raise other concerns about its appearance and impact.

Chris Bradley and his wife, Julie Rosier, live next door to the property in a home they built in 2001.
Their light green house mimics the neighborhoods' bungalows so closely that some people mistake their
newly built home for a renovation project. Many homes have porches facing the street. But the
townhouse buildings will face their own parking lot, Bradley said.

Bradley said he is also worried about flooding in his area, where it's not a problem now, and
maintenance of the stormwater devices.

"This thing will work great when it's installed and one year, five years later, it will be an afterthought,"
he said. "This is going to change how the water flows."

2 of 2 11/29/2004 2:19 PM

•
Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com

G 1; ,i..,.. D

October 15, 2004
041677

US Army Corps of Engineers NCDENR-DWQ Wetlands Group
Attn: Ms. Jennifer Burdette Attn: John Dorney
6508 Falls of the Neuse Rd., Ste. 120 2321 Crabtree Blvd., Ste. 205
Raleigh, NC 27615 Raleigh, NC 27604

c ~az,~od~ D
D
RE: Nationwide Permit 39 Revised Application
Watauga Street Townhouses OCT 1 5 2004
Raleigh, Wake County, North Carolina
S&EC Project 02-7245 pOW T WATE
~uNDS AND AND STDRMWVyA1ER BRANCH
Corps Action ID# 200221477
Dear Ms. Burdette and Mr. Dorney,
We are submitting this PCN for the above named project after receiving a variance from
the Neuse Buffer Rules (copy attached). The Corps of Engineers previously issued a
Nationwide Permit 39 to cover impacts to 302' of stream channel (see attached 9/30/02
"Tear Sheet"). A Pre-construction Notification Application (PCN) is attached, which
includes an agent authorization form. The current request is for 300' of stream impact
which has been determined to be necessary instead of the original 302', in order to
comply with current Nationwide Permit conditions/interpretations of conditions. The
applicant was unable to complete work on the project prior to the expiration of the permit
due to unforeseeable delays (see attached 9/8/04 PLD letter). Please note that since the
stream impacts are somewhat less than originally approved. The resultant buffer impacts
are somewhat less than in the DWQ variance approval.
The proposed project consists of impacts from the construction of new townhomes on the
subject site. The project is located on the west side of Watauga Street, approximately 165
feet south of East Franklin Street in Raleigh, Wake County. The property is 1.08 acres in
size and is located within the Neuse River Basin. The land use within the vicinity of the
property consists primarily of residential housing and Oakwood Cemetery. Please refer to
the attached USGS map, which displays the location of the proposed project. The lot was
plotted many years ago and the land around it is already developed, which leaves few
options for minimization of impacts. In addition, the channel is degraded by being
channelized and partially filled with building debris,and other trash.

Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone:: [phone]

The applicant requested a detailed wetland delineation and buffer evaluation on the
property prior to site plan development in order to avoid jurisdictional wetlands and
waters to the maximum extent practicable. S&EC performed a detailed wetland
delineation and buffer evaluation on the property and Ms. Amanda Jones of the USACE
conducted a site meeting to approve the delineation on July 30, 2002. This impact is
elaborated upon within the attached PCN form and is shown on the attached impact map.
The stream channel bisects the entire property from east to west, causing the impact to be
unavoidable in order to utilize the entire property. In addition, the small size of the
property limits alternate site plan options. The culvert will tie into an existing culvert at
Watauga Street on the east side of the property. There are no wetland impacts proposed.

The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation
to offset unavoidable losses of waters of the US when impacts exceed the requirements
for notification (0.10 acre). Due to the small size of the property, it is necessary to utilize
all of the available land for the proposed town homes, causing stream impacts to be
unavoidable. Because the applicant has minimized channel impacts to the maximum
extent practicable, as discussed above, and because of the degraded nature of the channel,
S&EC believes compensatory mitigation should not be required by the USACE, and it
was not required by the USACE in the past. However, as part of the DWQ Neuse River
Buffer variance the client was required to perform some compensatory stream buffer
mitigation and will be required to perform on-site stormwater treatment and mitigate for
300' of stream channel impact at a 1:1 ratio.

Please call if you require any additional information or have any questions.

Sincerely,

" & lyat~.

Kevin C. Martin
President

Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Wake County Soil Survey Map
Site plan map
Agent Authorization form
PLD Letter
EEP Acceptance letter
DWQ Major Variance

Office Use Only: 041677 Form Version May 2002

USACE Action ID No. DWQ No.
(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

2. Nationwide, Regional or General Permit Number(s) Requested: 39

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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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

1. Owner/Applicant Information
Name: Al Hunter
Mailing Address: 9800 Chander Drive
Raleigh NC 27615

Telephone Number: 919-848-8814 Fax Number: NA
E-mail Address: NA

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: Kevin Martin
Company Affiliation: Soil & Environmental Consultants, Inc.
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614

Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: [e-mail]

Page 5 of 12

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: Watauga Street Townhouses

2. T.I.P. Project Number or State Project Number (NCDOT Only): NA

3. Property Identification Number (Tax PIN): 171402039

4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): The subject site is located on the
west side of Watauga Street, approximately 165 feet south of East Franklin Street (see also
the attached site depicted on a USGS Quad).

5. Site coordinates, if available (UTM or Lat/Long): 35°47' 19.79"N 78°37'47.15"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): 1.08 acres

7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Cemetery
Branch

8. River Basin: Neuse
(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: Currently the property consists of a cleared field, partially

Page 6 of 12

covered with kudzu. The surrounding_ vicinity consists of primarily of residential housing and
the neighboringOakwood Cemetery.
10. Describe the overall project in detail, including the type of equipment to be used: The
project proposes to build town homes on the property, permanently impacting 339 linear feet
of channel. There are no wetland impacts proposed for this project. Typical heavy
equipment associated with building construction will be used for this project.

11. Explain the purpose of the proposed work: The purpose of the proposed work is to build
new town homes on the site and allow for adequate city required parking.

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.
Ms. Amanda Jones of the USACE conducted a site visit to approve our wetland delineation on
July 30 2002 and determined the channel to be "unimportant". The NCEMC approved a
variance to the Neuse River Riparian Buffer Rules on 9/10/03, and the Corps previously issued
NW Permit 39 (Action ID 200221477) on 9/30/02.

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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.

Page 7 of 12

1. Provide a written description of the proposed impacts: The proposed townhouses will
permanently impact 300 linear feet of Corps unimportant perennial stream channel. There
are no wetland impacts proposed

2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma (acres) (yes/no) (linear feet)
NA NA NA NA NA NA
* List each impact separately and identify temporary impacts. 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.
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.itov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact (please seci )
Permanent/ Perennial, Unimportant (Corp')
Impact 1 culvert 300 UT to Cemetery Branch 3' PermnW, Significant (DWQ)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topgzone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 300'
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

Page 8 of 12

5. 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

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.
The stream channel bisects the entire property from east to west causing the impact to be
unavoidable in order to utilize the entire property. In addition the small size of the property
limits alternate site plan options The culvert will tie into an existing culvert at Watauga Street
on the east (downstream) side of the property. The majority of the stream upstream of the site is
also piped

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 March 9, 2000, 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 9 of 12

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 NCWRP 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.
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.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the requirements for
notification (0.10 acre). Due to the small size of the property, it is necessary to utilize all of
the available land for the proposed town homes, causing stream impacts to be unavoidable.
Because the applicant has minimized channel impacts to the maximum extent practicable,
and due to the degraded nature of the stream, S&EC believes compensatory mitigation
should not be required by the USAGE. DWQ stream mitigation and stormwater treatment
were required as part of the Buffer variance procedure. See attached 10/1/03 variance _
approval.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wry/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): 300'
Amount of buffer mitigation requested (square feet): 69.819ft2
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA

IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No

Page 10 of 12

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 El

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.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify
Yes ® No ? If you answered "yes", provide the following information:

However, this approval process is being handled by others, therefore the section is left blank
since it is not part of our request.

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.

Zone* Impact Multiplier Required
(square feet Mitigation
1 18034 3 54102
2 10478 1.5 15717
Total 28512 69819
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Payment into WRP

Page 11 of 12

XI. Stormwater (required by DWQ)

Describe impervious acreage (both 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.
This was discussed in detail in the variance request submitted by Piedmont Land Design and approved by
EMC and DWQ.

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.
Municipal

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. 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

Applica gen 's Signature Date
(Agent's signatur d only if an authorization letter from the applicant is provided.)

Page 12 of 12

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NIMA 52551 SE-SERIES V842
NIMA 62661 SW-SERIES V842
Project 1: Scale:
02-7245 1".2000' Figure 1- USGS Quad
Project Date: Soil & Environmental Consultants, PA
Mgr.: KM 9/5102 Watauga Street 11010 Raven Ridge Rd.- Raleigh, NC 27614
HomePlaces, LLC
Raleigh, Wake County, NC [phone] • [phone]
Web Page: www.SandEC.com

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Project 8: Scale:
02-7245 I"= 1320'
Project Date: Figure 2 - Soil Survey Soil & Environmental Consultants, PA
Mgr.: KM 915102 Watauga Street
HomePlaces, LLC 11010 Raven Ridge Rd. - Raleigh, NC 27614
Raleigh, Wake County, NC [phone] • [phone]
Web Page: www.SandEC.com

AUG-14-02 09:41 PM HUNTER 919 847 4875 P.02

08/14/2002 09:17 7875147 HOMEPLACES PAGE 04
08/01/2ee2 16:07 9198457703 PIEDMONT LAND DE5ZGIJ PAGE
V/30/200? 17:23 9198469467 SSE PAGE K

o Soil & Environm ntaI Consultants, PA:
11010 Ravca Riots A441 4 931e16h,1`4 C i t 27614 0 No: [phone] ~ Fix: (919) $46.9461

AGENT ,A.UTHOREA IO' b'°RM
All Blanks o C"Mol ri

Project Name/Description:

Dice: 'F r /y' O Z-

e Dtpartmertt of the Army
U.S. Armty Corp of Rngirserp, Wilva ngton Ntrim
'.C. Dox 1840
Wilmington, NC 242
AM:
%leld Office: 7; 1-1_

Re; Wrdunds Kehted Consulting and Permitting

To Whoan It MAY Comm

14 the cur:tsnt Va= owner, hereby des pate and outh rize Soil & R>< Wonme;ntal CONW-tuts, PA to
act in my behall as my agent in the processing of perintt a plications, to furnish upon roquest d-
sttpplernent tnformAtioil !it uppers of applications, vtc, join this day forward, The day of
r
TWs not#W.on wpersedes Any previous correspondent conteming the Agent for this project,

NOTICE: This Authorixatiom for 1161lity and professlo as courtesy reasons, is valid only foc
90vtrnmeo1 D tlA11 to $10#11119 property when accomp Pied by S&EC staff. You should call SUC
to VTI i84 0 Me Mttblag prior to v1sl6g the sRe..

Print Property Cm1K's Name Property owner's Signature
a: cc: Mt KQVin Martin
Soil b- Enviromrw.ntal Consultinits, PA

1AW-4 agwt auk:om•..do*

.~AIiA1lr..~lf~Gii ilzaantba~- _ t{,cxoaa r
n kuJA

~OF W ATF9Q wcnaei r. casmy, vovernor
William G. Ross Jr., Secretary
~O - North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
> U_ 13
-i 3 Division of Water Quality
D ~
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 1, 2003
DWQ Project No. 03-0083
Wake County
Page 1 of 2
CERTIFIED MAIL - RETURN RECEIPT REQUESTED T - ] Lu%':
Al Hunter (Owner)
9800 Chandler Drive
Raleigh, NC 27615-1512
Subject Property: Watauga Street Townhouses, 621 Watauga Street, Raleigh, NC
Unnamed Tributary to Cemetery Branch [03-04-02, 27-33-18-2, C NSW]

MAJOR VARIANCE APPROVAL per the NEUSE RIVER RIPARIAN AREA PROTECTION RULE [15A NCAC 2B
.0233(9)] w/ ADDITIONAL CONDITIONS

Dear Mr. Hunter:
On September 10, 2003, the Water Quality Committee (WQC) of the N.C.' Environmental Management Commission
(EMC) decided to approve your Major Variance with the following conditions. This letter shall act as, your Major Variance
approval as decided by the WQC and described within 15A NCAC 02B.0233(9)(c). In addition, you should obtain or
otherwise comply with any other required federal, state or local regulations before you proceed with your project including
(but not limited to) U.S. Army Corps of Engineers 404 Permits, Division of Water Quality (DWQ) 401 Certifications,
Erosion and Sediment Control and Non-Discharge regulations.
This approval is only valid for the purpose and design that you described in your Major Variance except as modified
below. If you change your project, you must notify us and you may be required to send us a new application and request
a new Major Variance approval through the WQC. If the property is sold, the new owner must be given a copy of this
approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the
conditions listed below.
Conditions:

1. Buffer Mitigation
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 69,819 square feet (or 1.6 acres) as required under this
variance approval and 15A NCAC 213.0242. We understand that you wish to make a payment into the Riparian
Buffer Restoration Fund administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(9)(C). Until the WRP receives and clears your check (made payable to: DENR -Wetlands
Restoration Program Office), no impacts specified in your approved variance may occur. Mr. Ron Ferrell should be
contacted at [phone] if you have any questions concerning payment into the WRP. For accounting
purposes, this variance approval authorizes payment Into the Riparian Buffer Restoration Fund to
compensate for 69.819 ft2 of required riparian buffer mitigation for impacts to approximately 29,621 ftz (and
302 linear feet) of protected riparian buffers; 03-04-02 river and subbasin, 27-33-18-2 stream index number."
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/

Mr. Hunter
Page 2 of 2
October 1, 2003

2. 401 Water Quality Certification

You must obtain an approved 401 Water Quality Certification from the DWQ prior to impacting any streams or riparian
buffers located on the subject property. On April 24, 2003, the DWQ Wetlands/401 Unit received an incomplete Pre-
Construction Notification Application requesting to impact 339 feet of "significant" (perennial) stream and 0.7 acres of
riparian buffers. No permit application fee was provided. If you choose to pursue this project, you will need to modify
your PCN to reflect the stream and riparian buffer impacts as requested within your approved variance, provide the
appropriate permit application fee, and submit the complete application to the DWQ Wetlands/401 Unit for approval.
The application should provide a stream mitigation plan for any impacts greater than 150 feet to the perennial stream
located on the property.
3. DWQ Approved Stormwater Management Plan
An additional condition is that a final, written stormwater management plan shall be approved in writing by the DWQ
Wetlands/401 Unit prior to impacting any streams or riparian buffers on the subject property. The stormwater
management plan must include plans and specifications for stormwater management facilities that are appropriate for
surface waters classified as "C NSW" and designed to remove 85% TSS according to the most recent version of the
NC DENR Stormwater Best Management Practices Manual. The plans shall include the stormwater management
facilities (e.g., bioretention areas and grassed swales) specified in the conceptual plan dated August 26, 2003
provided within your variance request. These facilities must be designed to treat the runoff from the entire project and
off-site runoff as specified within your variance request, unless otherwise explicitly approved by the DWQ. Also,
before any permanent building is occupied at the subject site, the facilities (as approved by the DWQ) shall be
constructed and operational, and the stormwater management plan (as approved by the DWQ) shall be implemented.
The structural stormwater practices as approved by the DWQ as well as drainage patterns must be maintained in
perpetuity. No changes to the structural stormwater practices shall be., made without written authorization from the
DWQ.
If you do not accept any of the conditions of this Major Variance Approval, you may ask for the full EMC to review
your variance request. You must send us a request for this review in writing within 60 days of the date that you receive
this letter. If you do not accept any of the conditions of the. full EMC review, you may ask for an adjudicatory hearing. To
ask for a hearing, send a written petition which conforms to Chapter 1506 of the North Carolina General Statutes to the
Office of Administrative Hearings, PO Box 27447, Raleigh, N.C. 27611-7447. This Major Variance Approval and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
(15A NCAC 2B .0233). Please call Bob Zarzecki at [phone] if you have any questions or require copies of our
rules or procedural materials.
Sincerely,
&C" r
Alan W. Klimek
Cc: Kevin Martin (Environmental Consultant), S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
Ron Hendricks (Engineer), Piedmont Land Design, LLP, 8366-104 Six Forks Road, Raleigh, NC 27615
Richard Stockett (Potential Buyer), Home Places, LLC, 4098 Barrett Drive, Raleigh, NC 27609
Steve Mitchell, DWQ Raleigh Regional Office
Ron Ferrell, NC Wetlands Restoration Program
Jimmy Carter, Assistant Secretary, NCDENR, 1601 Mail Service Center, Raleigh, NC 27699-1601
Bill Brower, City of Raleigh, P.O. Box 590, Raleigh, NC 27602
File Copy
Central Files
DWQ 030083
October 1, 2003
bz

North Carolina
Department of Environment and Natural Resources

Michael F. Easley, Governor
William G. Ross Jr., Secretary NCDENK

April 28, 2003
Kevin Martin
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road APR 3 0 2003 !
4
Raleigh, NC 27614
Subject: Project: Watauga Street Townhouses ~j
County: Wake
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is
willing to accept payment for stream and buffer impacts associated with the subject project. Please note that the
decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment
will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401
Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for
impacts associated with this project is appropriate.

This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated April 24, 2003, the stream and buffer restoration that is
necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following
table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this
table.
Stream Wetlands Riparian Wetlands Non- Buffer
(linear feet) (acres) Riparian (acres) (S q. Ft.)
Impact 339 15,907
Mitigation Max 678 15,907
The NCWRP will provide mitigation with an approved combination of stream and buffer restoration,
enhancement or preservation. The stream and buffer mitigation will be provided as specified in the 401 Water
Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit
03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of
Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of
Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].

Sincerely,

Ronald E. Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Andrea Wade, USACOE-Raleigh
Steve Mitchell, Raleigh DENR Regional Office
file

Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]

U.S. ARMY CORPS OF ENGINEERS ~y ` ``y Fs'
Wilmington District -
Action ID: 200221477 County: ~'r I

GENERAL PERMIT (REGIONAL AND NATIONWIDE) FI IO `
' 1 V ~ r ~ L ~ iL j ! f I
Property Authorized `
Owner HomePlaces. LLC Agent Soil & Environmental Consultants Inc.
Attn: Al Hunter Attn: Kevi m
Address 9800 Chander Drive Address 11010 Raven Ridge Road
Raleigh NC 27615 Raleigh, NC 27614
Telephone Number 919-848-8814 Telephone Number 919-846-5900

Size and Location of Property (waterbodv, Highway name/number, town, etc.): The property is
located on the west side of Watauga Street, approximately 165 feet south of its intersection with East
Franklin Street, in Raleigh, Wake County, North Carolina.

Description of Activity: This permit authorizes the installation of culverts and the placement of fill
associated with the construction of a residential development. Impacts to waters authorized by this permit
are 302 linear feet of an unnamed tributary to Cemetery Creek in the Neuse River Basin.

Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.

Authorization: Regional General Permit Number
39 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Amanda D. Jones at telephone number (919) 876 -8441 extension 30

Regulatory Project Manager Signature

Date September 30, 2002 Expiration Date September 30, 2004

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.

'PID Piedmont Land Design, UP
8366-104 Six Forks Road • Raleigh, NC 27615 • [phone] • Fag: [phone]

September 8, 2004

Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614

Attention: Kevin Martin

Reference: Watauga Street Townhouses

Dear Kevin:

Enclosed is one copy of the revised site grading and storm drainage plan, Dwg. No. DD. 1, and the
revised Stream and Neuse Buffer Exhibit, Dwg. No. EX. B, for your use in preparing the
appropriate environmental permit applications. These plans have been revised to modify the
parking lot design and building design as agreed to with the adjoining neighbors.

The reason for the delay in starting construction on this project is the difficulty that we have
encountered obtaining approval from the City of Raleigh Planning Commission and obtaining
support from the adjoining property owners so that the Planning Commission will approve this
project. We submitted this project for approval in April 2003 and we have been working with
Planning Commission and the neighbors for 10 months to obtain preliminary approval so that we
can proceed with obtaining the necessary permits from the City of Raleigh to begin construction. A
Committee of the Planning Commission members will review this project again in October and
hopefully we will obtain preliminary approval from them in late October. Once this approval is
obtained we will prepare and file the construction plans for approval and the permits should be
ready in approximately two months. Construction on this project could begin as early as January
2005.

If you have any additional questions or need any additional information please give us a call.
S' rely,

IVLU.
Ron Hendricks

RSWS RPH: rph

cc: Richard Stockett

Enclosure

Civil Engineers • Landscape Archilects • Land Planners

SUMMARY
TOTAL SITE AREA = 1.07 ACRES

AREA IN STREAM/ = 0.65 ACRES
NEUSE BUFFER (61%)
TOTAL LF OF STREAM IIMPACTS= 300'±
TSREEr
ELM J 1p
n
r '
% i
TOTAL ZONE 2
IMPACTS - 10,478 SF

- TOTAL ZONE 1
IMPACTS - 18,034 SF
II

„ Ix EXIST. PERENNIAL STREAM
4'± WIDE AT MEAN HIGH
\ "fib j t } i ~y 641 WATER LEVEL
4 ' I

.,1174 1
I ~]]ff

' -1 I fit' 50' NEUSE BUFFER
(MEASURED FROM
TOP OF BANK)

0 40' 80'
Ss ss s I ( WATAUGA STREET

NOTE: NO WETLANDS EXIST ON THIS SITE.
I I US ARMY CORP. OF ENGINEERS ISSUED
STREAM & NEUSE BUFFER EXHIBIT ii ACTIONWID: 2002211479 ON SEPT. 30, 2002

PROJECT: RSWS
Piedmont Land Design, LLP DATE: 08 SEP 04
SCALE: 1 40'
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