HomeMy WebLinkAbout20031555 Ver 1_COMPLETE FILE_20031210?CF WATF9Q rvu1,11=1 F. ?UaIVY, uwcnwi
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
-i Division of Water Quality
D ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 9, 2004
DWQ Project No. 03-1555
Wake County
Page 1 of 2
Galloway Wake, LLC
5623 Duraleigh Road, Suite 151
Raleigh, NC 27612
Subject Property: Phase 3 & 4, Galloway Subdivision, Camp Kanata Road (SR1922), Wake Forest, NC
Mud Branch (03-04-01, 27-17-1, WS-IV (water supply) NSW (nutrient sensitive)]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 140 feet of streams and 11,857 square feet (ft2) (or 0.27 acres) of protected riparian buffers for the
purpose of road at the subject property, as described within your application dated December 11, 2003. After reviewing
your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) 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). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 26 .0233. 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, Non-discharge, and water supply regulations. Also, this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid 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). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. 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.
2. No Waste, Spoil, Solids, or Fill of Any
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands
Galloway Wake, LLC
Page 2 of 2
February 9, 2004
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 Preconstruction Notice Application. 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.
s:-
3. 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.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent 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. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA 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, P.O. Box 27447, Raleigh, N.C. 27611-7447: This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
(;?A laa n W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3402
Cc: Jim Cooper, Soil & Environmental Consultants, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 03-1555
Date: February 9, 2004
bz
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Camp Kanta Road Tract (Galloway) see also
Project Number 03 1555
Recvd From APP
Received Date 12/10/03 Recvd By Region
Project Type road crossing for a residential S/D
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ? Irl+=iType Type Impact Score Index Prim. Supp. Basin Req. Req.
39 Stream O _77@ N F_ 27-17-1 FNVSIV _NS _NV 30,401. F- 140.00 140.00
NBR Buffers P _Y _0N F_F__F-F__30,401. 0.27 F_ F_
7___F_O Y O N F__F_F__Ir-F_F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N
Recommendation: O Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 360115 Longitude (ddmmss) 783345
Comments:
cc: Regional Office
Central Office Page Number 1
Triage Check List
" 2
1 - Project Name: c vh
J
Date:
DWQ#: L_ ? 5::2 ?
County: (,A)
To: ? ARO Mike Parker ?' WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelie Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
RRO Steve Njitchell
From: Telephone : (919) ^7 J
The file attached is being forwarded to dour for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Y inimization/ ance issues
'®-Buffer Rule ease, ar-Pamlico, Catawba, Randleman)
? Pond fill ? Mitigation Ratios
? Ditching
?.' Are the stream and or wetland mitigation sites available and viable?
Ef-Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
s
r
Q ts, _
Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467
www.SandEC.corn1
[ r f
J Llecen?ber l lth, 2003 ?
C: -0.
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DATE
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27699-1621
US Army Corps of Engineers
Attn: Ms. Jennifer Burdette
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 39, 401-Water Quality Certification, and Neuse
River Buffer Rules Compliance Request
Camp Kanta Road Tract (Galloway)
Wake County, North Carolina
yVETIANpS I 401 GROUP
Latitude/Longitude: 36°01' 15" N 78°33'45"W
S&EC Project no.: 01-6165.W1
DEC ? p 2003
Dear Mr. Dorney and Ms. Burdette,
ATER QUALITY SECTION
On behalf of Galloway Wake, LLC (property owner), we hereby quest authorization
from the US Army Corps of Engineers to use Nationwide Permit 39 for the subject
project to cover permanent impacts to a stream channel. We also request written
concurrence from the NC Division of Water Quality (NC-DWQ) that the project
complies with the 401-Water Quality Certification associated with Nationwide Permit 39,
and that it complies with the Neuse River Riparian Buffer rules. A Pre-construction
Notification form (PCN) is attached, which includes an agent authorization form.
A Nationwide Permit 39 and 401 Water Quality Certification/Neuse River Buffer Rules
Compliance were previously issued for the site for impacts to 0.146 acres of jurisdictional
wetlands/7 linear ft. of stream channel and 14,475 ft.2 of Neuse River Buffer impacts
(USACE AID # 200321365/NC-DWQ project no. 01-1695).
S&EC delineated the wetlands and jurisdictional waters present and performed a Neuse
River Buffer Evaluation on phases 1 and 2 in spring 2001. Data forms from the
delineation were previously submitted. Phases 3 and 4 were evaluated in spring 2002.
Mr. Steve Mitchell and Ms. Debbie Edwards of the NC-DWQ confirined S&EC's buffer
evaluations (NBRRO 01-153 and 02-221).
The proposed project, which consists of a roadway crossing within a residential
subdivision, is located immediately east of Camp Kanata Road (SR 1922), just south of
its intersection with Purnell Road (SR 1909), in Wake County, NC. Please refer to the
Charlotte Office. Greensboro Office: HickoU Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone: (828) 635-5820
Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820
attached USGS site map. The property comprises approximately 80 acres, and is in the
Neuse River Basin.
The proposed roadway will use Nationwide 39 to impact 133 linear ft. of
perennial/important stream channel (see attached impact map). No wetland
impacts are proposed. Approximately 11,857 ft.2 (zone 1: 8,702 ft.2, zone 2: 3,155
ft 2) of Neuse River Buffer will be impacted by the proposed roadway crossing (see
attached impact map). Project totals to wetlands/waters of the U.S. including
previously permitted impacts and current proposed impacts under NWP 39 are
0.146 acres of jurisdictional wetlands/140 linear ft. of stream channel.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification. The only prior permitted impacts to
wetlands/waters of the U.S. were as a result of a roadway crossing that was necessary to
access high ground on the eastern portion of the site (phases 3 and 4 were not yet
purchased and not a part of the subdivision at that time). In order to minimize impacts to
the maximum extent practicable, this roadway crossing was planned over an existing
dam.
Since the channel being crossed is extremely sinuous, the roadway crossing alignment
proposed in this application was shifted several times in order to minimize impacts to
waters of the U.S. It is required for the project because if the roadway were broken into
two cul-de-sacs by avoiding the crossing, the maximum allowable cul-de-sac length per
Wake County specifications would be exceeded (see attached correspondence from
project engineer and Wake County cul-de-sac specifications). Furthermore, by providing
site access to Thompson Mill Road, Dam Safety approved a low-hazard classification for
the dam in the northwest area of the site (see vicinity map). This classification minimizes
the required dam size, and therefore, impacts were minimized to wetlands/waters of the
U.S. as a result of the previously permitted roadway crossing over the dam. All other
waters of the U.S. onsite have been avoided.
NC-DWQ's current policy does not require mitigation for wetland and stream channel
impacts below 1 acre and 150 linear feet of significant channel. Because the proposed
cumulative impacts resulting from the project total 0.146 acres and 140 linear ft. (i.e., less
than 1/3 acre and 150 ft.), wetland and/or stream channel mitigation should not be
required.
Additionally, since Neuse River Buffer impacts at each of the two crossings (the
previously permitted crossing and the proposed crossing) are less than 1/3 acre (14,475
ft.2 and 11,857 ft.2 respectively), buffer mitigation should not be required.
Please call or email me at 'c? ooper(a),sandec.com if you have any questions or if you
require any additional information.
Sincerely,
o6j-,
Jim Cooper
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Wake County Soil Survey Map
Overall site map with detailed roadway crossing impact map (in 1:100 scale for
NC-DWQ copies)
Correspondence from project engineer and Wake County Cul-de-Sac
Specifications
Agent Authorization Form
NC-DWQ $200 Check (NC-DWQ copy only)
Office Use Only' Fomt Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to tats project, please enter "i-4ot Appncaoie 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: Galloway Wake LLC
Mailing Address: 5623 Duraleigh Road Suite 151
Raleigh NC 27612
Telephone Number: (919)-571-8263
E-mail Address:
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: Jim Cooper
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: (919)846-5900 Fax Number: (919)846-9467
E-mail Address: icooper(a-)SandEC com
Fax Number:
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Galloway Subdivision Phases 3 & 4
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0797229373
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Galloway
Directions to site (include road numbers, landmarks, etc.): The site is located immediately
east of Camp Kanata Road (SR 1922) just south of its intersection with Purnell Road (SR
1909), in Wake County, NC.
5. Site coordinates, if available (UTM or Lat/Long): 36001'l 5" N, 78°33'45" 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): +/- 80 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Mud 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: Phases 1 and 2 of the Galloway subdivision are currently
under construction Otherwise the site is forested. Nearby land use is also forested and low-
density residential with some agricultural areas nearby.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project entails the construction of a roadway crossing, including the placement of
culvert pipe and localized grading for the roadway crossing side slopes. Heavy equipment
typically associated with roadway construction will be used.
11. Explain the purpose of the proposed work: The Purpose of the project is to provide roadway
access to a residential subdivision.
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.
Prior permitted impacts to the site include 0.146 acres of jurisdictional wetlands/7 linear 1ft. of
stream channel and 14, 475 ft 2 of Neuse River Buffer impacts for a roadway crossing over an
existin dg am_(USACE AID# 200321365, NC-DWQ project no. 01-1695). Prior to preparing the
permit application for these impacts S&EC conducted a detailed wetland delineation and Neuse
River Buffer evaluation for phases 1 and 2 (see site map) in spring 2001 (NBRRO 01-153), and
for phases 3 and 4 in spring 2002 (NBRRO 02-221).
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.
No future permit requests for the project are 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, pennanent
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.
1. Provide a written description of the proposed impacts: The proposed road will result
in impacts to a perennial/important stream and will not impact wetlands. Roadway
Page 7 of 13
construction will include the placement of culvert pipe and localized grading work for the
roadway side slopes
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limped to: mechanized clearing, grading, 1111,
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.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, cte.) 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: 0.5-1.0 acres
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 Fill/Culvert 133 UT to Mud Branch 5-6 ft. @ BKF Perennial
* List each impact separately and identify temporary impacts. Impacts include, but arc not limned 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 interrtet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, ctc.).
Cumulative impacts (linear distance in feet) to all streams on site: 140 linear ft. (including 7
linear ft previously permitted on a different tributary)
Page 8 of 13
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
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The onlv nrior nermitted impacts to wetlands/waters of the U.S. were as a result of a roadwa
crossing that was necessary to access high ground on the eastern portion of the site (phases 3
and 4 were not yet purchased and not a part of the subdivision at that time). In order to
minimize impacts to the maximum extent practicable, this roadway crossing was planned
over an existing dam Previous permits authorized impacts to 7 linear ft. of stream channel
and 0 146 acres of wetlands (USACE AID It 200321365/DWQ project no. 01-1695).
Due to the stream channel's high sinuosity, the roadway crossing alignment proposed in this
application was shifted several times in order to minimize impacts to waters of the U.S.
Previous roadway alignments called for impacts as high as 190 linear ft., so the current
proposed alignment minimizes the least stream channel linear footage of all considered plans.
Page 9 of 13
The roadway is required for the project because if the roadway were broken into two cul-de-
sacs by avoiding the crossing the maximum allowable cul-de-sac length per Wake County
specifications would be exceeded (see attached correspondence from project engineer and
Wake County cul-de-sac specifications). Furthermore by providing site access to Thompson
Mill Road Dam Safety approved a low-hazard classification for the dam in the northwest
area of the site (see vicinity map) This classification minimizes the required dam size, and
therefore impacts were minimized to wetlands/ waters of the U.S. as a result of the
previously permitted roadway crossing over the dam. All other waters of the U.S. onsite
have been avoided.
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.
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.litml.
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 may require compensatory
mitigation to offset unavoidable losses of waters of the US when impacts exceed the
Page 10 of 13
requirements for notification The only prior permitted impacts to wetlands/waters of the
U.S. were as a result of a roadway crossing that was necessary to access high ground on the
eastern portion of the site (phases 3 and 4 were not yet purchased and not a part of the
subdivision at that time) In order to minimize impacts to the maximum extent practicable,
this roadway crossing was planned over an existing dam.
The roadway crossing alignment proposed in this application was shifted several times in
order to minimize impacts to waters of the U.S. It is required for the project because if the
roadway were broken into two cul-de-sacs by avoiding the crossing the maximum allowable
cul-de-sac length per Wake County specifications would be exceeded (see attached
correspondence from project engineer and Wake County cul-de-sac specifications).
Furthermore by providing site access to Thompson Mill Road Dam Safety approved a low-
hazard classification for the dam in the northwest area of the site (see vicinity map). This
classification minimizes the required dam size and therefore impacts were minimized to
wetlands/waters of the U.S. as a result of the previously permitted roadway crossing over the
dam. All other waters of the U.S. onsite have been avoided.
Since cumulative project impacts to jurisdictional wetlands and stream channels are only
0.146 acres/140 linear ft. and since all other wetlands and waters of the U.S. on site have
been avoided, including a large marsh/bottomland hardwood forest area above the dam in the
northwest corner of the property S&EC does not believe compensatory mitigation should be
required by the USACE.
NC-DWQ's current policy does not require mitigation for wetland and stream channel
impacts below 1 acre and 150 linear feet of significant channel. Because the proposed
cumulative impacts resulting from the project total 0.146 acres and 140 linear ft. (i.e., less
than 1/3 acre and 150 ft) wetland and/or stream channel mitigation should not be required.
Additionally, since Neuse River Buffer impacts at each of the two crossings (the previously
permitted crossing and the proposed crossing) are less than 1/3 acre (14,475 ft.2 and 11,857
ft .2 respectively) buffer mitigation should not be required
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
(919) 733-5208 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/wm/index.litm. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 11 of 13
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaVstate) funds or the use of public
(federal/state) land?
Yes ? No
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 ?
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 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet) Multiplier Required
Mitigation
1 8,702 3 N/A
2 3,155 1.5 N/A
Total 11,857 N/A
* Zone 1 extends out 30 feet perpendicular from near bank of cnannei; Lone i cmenus an
additional 20 feet from the edge of Zone 1.
Page 12 of 13
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.
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.
Site impervious acreage percentage will be 15% upon site build-out. Due to the large percentage
of open space the large average lot size and the site's forested land use (which will persist),
S&EC does not believe that a stormwater plan should be required.
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.
Onsite wastewater disposal (septic systems)
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).
N/A
Appli a Agen guature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
12-02-2003 09:40am From-CREED1,100R PARTNERS LLC
RA
9195711521 T-984 P.001/001 F-723
la 002
?y
Soil chi Environmental (Consultants, PA
11010 Raven Midge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 - Fax: (919) 846 9467
www Sand=ccm
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name. 1?9f} U-O w-;W G1AIC6 GGe 12y COCG72)d 1460 'ezq , mAiuft Cn-
Address: 1-6 ? , pd/L?6g /&7119 SVj r6- ! ?! /?itLE?C6f NL Z741-4-
Phone: q( q 5'-91 - rf7,r6 3
Project Name/ Description:
?/r3/?l ?/ f !oi--1
Date: /2016 3
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, N'C`` 284((0'' 2
Attn: Ms. Jem-"I'-w - (Ivr
Fiela office: ???.«c.
Re: Wetlands Related Consulting and Permitting
To Whom It May Concem:
I, the current prop owner, hereby designate and authorize Soil & Environmental, Consultants, pA to
act in my behalf as niy agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc, from this day forward. The - Z day of
?)?(/3CrL .god 3
This notification supersedes any previous correspondence concerning the agent for this project
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only. for
government officials to enter the property when accompanied by S&EC staff. You should ea.U S&EC
to arrange a site meeting prior to visiting the site.
Print Property s Name Property owsrtexl
igrta
cc: W. Jolva Domey cc: Mr. James Cooper
NCDENR - DWQ Soil & Environmental Consultants, IPA
2321 Crabtree Boulevard
Raleigh, NC 27604
ch1$orre - ficr. • C'mm5lwro office: ffickorv MCC:
236 LePhiliiP Court Suitc C 3917-Is Lnwndalc Drive 622 Coon Ivlounraui Lana
Concord. NC 28025 Grcc"boro. NC 27455
r._ noc, cAn oaIA 1`hylorsviilc,NC29681
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BUFFER IMPACTS
ZONE 1 8,702 SF
ZONE 2 3,155 SF
TOTAL 11,857 SF ; 027 AC
LF STREAM DISTURBANCE 133 LF
TRACK
PRELIMINARY
NOT FOR RECORDING OR CONSTRUCTION
0 50' 100. 200, 400
SCALE: I* = IN
GALLOWAY SUBDIVISION BUFFER ACTS
WITHER 8& R?AV E N E L PHASE 3& 4 Date 12/8/03
ENGINEERS I PLANNERS 1 SURVEYORS
Ill MxKwm oi. car, llap ca.r. mli ht 144%4M 1¢ IM 467-cars .. NEW LIGHT TOWNSHIP Job Na 201062.40
WAKE COUNTY NORTH CAROLINA sck 1° =100'
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FOR SALE By U. S. GEOLOGICAL SURVEY
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12/02/03 12:20 FAX 919 467 6008 WITHERS & RAVENEL (J001/003
WITHERS & RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
TO:
FAX #:
CC:
JOB #:
-FAX TRANSMITTAL-
Jim Cooper DATE: 12/2/03
846-9467
FROM:
Dale Werenko
Terry Stephens
FAX ff:
571-1521
201062.40 # OF PAGES: 3 Including Cover
PROJECT NAME Galloway 2 3 4
ORIGINAL TO FOLLOW BY MAIU ? YES ? NO
Jim,
I've attached pages from the Wake County Subd ordinance on max cul-de-sac length. Even if
we applied for a 35%a increase over the maximum this project would still not be allowable-
The maximum would be 900' x 1.35 = 1215'. Our cul-de-sac length would be 1600'. Since
we also are being required to stub to adjacent properties as part of preliminary subdivision
plan approval, this length would most likely increase as well.
Another point to note is that since we are providing secondary access to Thompson Mill Road
across the road/dam, Dam Safety is approving a low hazard classification for the dam. This
lower classification minimizes the dam size, therefore minimizes buffer/stream impact.
Let me know if you need additional information to submit your permit app- Thanks
e Werenko
111 MacKenan Drive Cary, North Carotina 27,511 te1-919_469.3340 fax=919.467.6ooa www.withersravenct.com
12/02/03 12:20 FAX 919 467 6008 1VITHERS & RAVENEL U002/003
Chapter 3-4
Wake County Subdivision Ordinance:
irrespective of the use of a designati on as street, road, drive, place, court, etc. that it
does or might create confusion in identification.
(d) Road names shall be subject to the approval of the Commun ity Development
Services Department.
(Amonded 9115186 to separate standards, adding (a), adding 'that it does not cause confusions in
idcnUrication'to (b), substituting Community Dovolopment Services Depal9ment approval for Planning
Department epproval, and deleting requirement for road signago (R-86-947)]
(6). [Road Layout; Access to Places of Public Assem bly]
All roads except local access roads shall be so laid out that their use by through traffi c wiil
be discouraged. Roads shall be designed or walkways dedicated to assure convenient
access to parks, playgrounds, schools, and other places of public assembly.
(7) [intersection Design]
Comers and intersections shall be designed as follows:
(a) All roads shall intersect as nearly as possible at right angles, and no road shall
intersect with another at an angle of less than sixty (60) degrees. Other
arrangements may be approved only if they will reduce traffic hazards and provide
smooth traffic flow at an intersection.
(b) When a center line offset (jog) occurs at an intersection, the distance between the
center lines of the intersecting roads shall not be less than one hundred thirty-five
(135) feet.
(c) An intersection shall not include more than four (4) road approaches.
(d) Property lines at intersections shall be rounded with the following radii minimum:
Private roads with private roads: Twenty (20) feet
All other intersections: Twenty-five (25) feet
(8) [Half Roads]
The dedication of half roads at Me perimeter of a new subdivision shall be prohibited.
Where there exists a half road in an adjoining subdivision, the remaining half shall be
provided by the proposed subdivision.
(9) Cul-deSac Roads
(a) Cul-de-sacs shall not exceed ten (10) times the minimum lot width, or none hundred
(900) feet, whichever is less. A cul-de-sac's length is measured from the center point
of its turnaround, along the centerline of its right-of-way and that of any intervening
roads, to the centerline of the right-of-way of the nearest through road. The cul-de-
sac length limit may be increased by up to th irty-five (35) percent if the following
findings are made:
1. It is impracticable to provide the area proposed to be served by the cul-de-sac
a current or potential second means of access that would avoid the cul-de-sac
or allow the cul-de-sac to meet the cul-de-sac le ngth limit because:
a. The area is so separated from other parts of the subdivision by
floodplains, wetlands, or steep slopes whose extent or degree makes it
impracticable to provide the area a second means of access that would
avoid the cul-de-sac or allow the cul-de-sac to meet the cul-d a-sac length
limit (e.g., by providing a lop road into the area of the cul-de-sac, or
extending the cul-de-sac to connect to another road In the subdivision).
and
b. Other properties adjoining the area have already been subdivided or
developed i n a manner that preclud es connecting the cul-de-sac to a
44
12/02/03 12:20 FAX 019 467 6008 WITHERS & RAVENEL 0003/003
Chapter 3-4
Wake County Subdivision Ordinance
surrounding existing or potential road system, or the area is so separated
from adjoining properties providing potential access by floodplains,
wetlands, or steep slopes whose extent or degree makes it impracticable
to extend or connect the cul-de-sac to the adjoining propertie s; and
2. Use of cluster subdivision provisions would not reasonably allow both
compliance with the above cul-de-sac length limit and realization of at least
eighty (80) percent of the maximum lot density allowed by the site's zoning and
physical characteristics; and
3. The degree of increase in allowable cul-de-sac length is the minimum
necessary to allow the above findings.
The subdivider bears the burden of submitting sufficient evidence to reasonably
support each of the above findings.
(Moved from ParDgraph (9) 4/"7 (R-87-31); amended 1117189 to substituto 1,000-foot limit for 7ongth
requlrrd to serve 45lots`and to add measuremont provisions (R-8944); amended 11/woo to substitute
the 10 times lot width or 900 feet limit and to add provisions allowing a 35% increase (0-00-33)]
(b) Permanent cul-de-sac roads shall be provided at the closed end with a circular
turnaround having a minimum drivi ng surface radius of thirty-five (35) feet and
minimum right-of-way radius of fifty (50) feet. At the point where the road widens into
the cul-de-sac, the driving surface shall hav e a minimum turn radius of thirty-five (35)
feet, and the right-of-way shall have a minimum radius of twenty-five (25) feet
[Amendod 416M7 to use turnaround radius rathor than diameter and add minimum turn radius (R-87-
31)]
(c) Road design alternatives to Subparagrap h (b) above may be approved when the
subdivider establishes the following facts:
1. The property has characteristics such as unsuitable soils, steep slopes, or
?-' unusual parcel configuration which cause site design difficulties beyond the
control of the property owner; and
2. Requiring compliance with the standards of Section 3-4-8(D)(9)(b), above
would cause practical difficulties or unnecessary hardship for the property
owner: and
3. The cul-de-sac in question is not more than two-tenths (0.2) mile in length; and
4. The altemative cul-de-sac tumaroun d is designed according to one of the
following design standards:
a. "T" terminus meeting the following minimum standards:
(1) Driving surface width equal to that of cul-de-sac's main road
surface.
(ii) Driving surface of each wing of "T": Twenty (20) feet plus on a-half
('/2) road pavement width, measured from center of right-of-way.
(iii) Driving surface turning radius: Twenty (20) feet.
('iv) Right-of-way width surrounding "T" equal to that of cul-de-sac's
main right-of-way.
b. One way loop road meeting the following standards:
(1) Driving surface width: Fifteen (15) feet.
(ii) Right-of-way width: Thirty (30) feet.
(added 415187 (R-87-3 1)]
-' (10) [Direct Access to Adjoining Major Thoroughfare]
Where a subdivision is proposed adjacent to a major thoroughfare, lots may bo req uired to
45
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Revision Date B Designer kale „
W&R Drawn Date GALLOWAY SUBDIVISION Sheet No.
i OVERALL LOCATION WITHERS RAVENEL
DW 1218103
Checked By Job No. MAP ~I ENGINEERS I PLANNERS I SURVEYORS
NEW LIGHT TOWNSHIP WAKE COUNTY N T Dw zmo6240 OR H CAROLINA 111 MooKenan Drive Cory, North Carolina 27511 tel: 919-469-3340 fox: 919-467-6008 www.withersrovenel.eom