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HomeMy WebLinkAbout20031170 Ver 1_COMPLETE FILE_20030919,z 7!-Yflf David Menaker, M.S. 34 Oleander Drive • Clavton. NC 27520 (919) 550-5263 MENAKER &ASSOCIATES David Menaker, ti1.S. 34 Oleander Drive • Clavton, NC 27520 (9191 550-5263 MENAKER &ASSOCIATES O? WATF9 ? Q Michael F. Easley, Governor William G. Ross Jr., Secretary O G j r '-I o -c North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Holly Homes, LLC Attn: Mr. David Menaker 34 Oleander Drive, Suite 101 Clayton, NC 27520 April 14, 2004 DWQ Project No. 03-1170 Wake County Subject Property: Holly Homes Property (formerly VanNest Property), Gable Ridge Ln., Holly Springs, NC UT to Basal Creek [03-04-03, 27-43-15-3, B NSW (nutrient sensitive water)] Dear Mr. Menaker: On April 8, 2004, the Division of Water Quality (DWQ) received a letter and plans from you providing evidence of how your project will comply with condition number 9 of your November 4, 2003 letter authorizing the use of General Water Quality Certification No. 3402. The DWQ hereby approves the plans that you provided to the DWQ on April 8, 2004 as required under condition number 9 of your November 4, 2003 authorization letter. If you have any questions, please telephone Bob Zarzecki at 919-733-9726. Sincerely, cc: Sean Clark, S&EC, Inc., 11010 Raven R USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files bz I n Dorney, pervisor JQ Wetlands/401 Uni e Road, Raleigh, NC 27614 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:Hh2o.enr.state.nc.us/ncwetlands April 8, 2004 Bob Zarzecki NCDWQ Wetlands / 401 Unit 2321 Crabtree Blvd. Raleigh, NC 27699-1650 Re: Holly Home Property (formerly VanNest Property) Gable Ridge Ln, Holly Springs, NC DWQ Project No.: 03-1170 34 Oleander Drive • Clayton, NC 27520 • (919) 550-5263 • FAX (919) 550-5261 113 REA[TOR* Dear Mr. Zarzecki, Thank you for meeting with me yesterday regarding your letter of March 8, 2004. As we discussed, there is one primary reason the culvert must be installed as per plan and proposed elevations and two reasons why this will not destabilize the stream and/or prevent aquatic life movement. First, the attached site plan shows the existing sewer pipe has a top elevation of 360.98 where the culvert will cross over the pipe. The proposed invert elevations have the culvert being installed directly over and on this existing sewer pipe. A concrete collar shall be installed at this crossover point, which prohibits the culvert to be installed any lower. This qualifies the installation of the culvert as such under the conditions of WQC#3402 Paragraph 9 "... unless it can be shown to DWQ that providing passage would be impractical." Regarding destabilizing the stream, please refer to the attached photos; photo 1 shows the existing conditions of the upstream inlet, photo 2 shows the existing conditions of the stream from the culvert/sewer pipe crossing to the upstream inlet, and photo 3 shows the existing conditions of the outlet location. The installation of the culvert shall improve the movement of water and aquatic life in this area. From existing conditions it is not clear that there is presently any movement of aquatic life or a good natural flow of the water. This area has been previously disturbed by the installation of the sewer pipe and by trash washed down from the schoolyard located upstream. The culvert will mitigate these disturbances. Regarding aquatic life movement, please refer again to the site plan. Your letter and calculations were based on elevations shot before we had field located the ends of the culverts. This site plan shows the elevations at the creek bed at the inlet and outlet locations. We believe that the .88 difference at the inlet will be mitigated by the natural restabilzation of the inlet area by the improved water flow after a couple of good rains. The elevation difference of 1.13 at the outflow will be mitigated by our installation of the stilling basin and, also, natural restabilization and water flow. For the above reasons, we believe the installation of the culvert, as per plan, will not destabilize the stream or negatively impact the existing nature of aquatic passage. Please contact me if you have any furt estions. Sinc r , Da id Menaker MENAKER &ASSOCIATES I r? ? ? i ? ? I ? i ? ? ? I ? ? ? ? 1 I ? / M?srRe,,?n I I I I - ? ?ti? ? - - A ? tN?l. I I I I ? ?? -------------------- --------?-- 1 ----- --- w w?--w _ w w w I v??w v - -- -SS ---5 x.,48-? \ I z? ? ? ?- -- - .? ? - I ? M?OS???1 INY ` -??o `??. 3 61 ` ? \.l3 -- -- - I - ? SEbTS. ?? tl.RAeb?1S? I I I 4 SCALE; 1" - 10' EL 361.5 PROVIDE 2' BERM WHERE EXIST GRADE < EL 362.0 EL 350.0 r NATURAL GROUND NATURAL GROUND -1 / 7 "6' SYNTHETIC TURF' REINFORCEMENT MAT 6' SYNTHETIC TURF RE{NFORCEMENr MAT (BURY EDGE CLOSEST TO RIP RAP) (BURY EDGE CLOSEST TO RIP RAP) 22' CLASS 1 RIP RAP (36" FOR 1 st 12.5" OF BASIN) WOVEN F7'?TFR FABRIC LINER SECTION - C SCALE. 1" = 10' 25.C' STILLING BASIN RIP RAP EXIST TOP OF BANK LI l 0 EXIST CHANNEL TOP OF BANK) 2 I EL 361.3 1D" RCP L ` ° 22" CLASS 2 RIP RAP WOVEN FILTER FABRIC 36" CLASS 2 RIP RAP (1st 12.5' OF BASIN) SECTION ® -- SCALE: 1 " - 10• STILLING BASIN DETAIL M17 ' A CC7p F,C'R F,TA Nil T qqn nq 1 HWr'A 1 N T QC - h T bMM7-T P-N.-IH i f j vk=."A \\or 0 LAMMI-VAK j'?k Lr--r 4>?- CAAL-?3 I'm ILW ?? t ? wNCrc. Ft.,p?4- URS(WC PK 1304.9 `ir C-t.A%-Q%wi%T C..'Q?vSStKCr S?wCti '? ?trc. ? S OI"` lowQ Ao . 03 -wi ?aI'le 0-0 A44) UI ? NI', 0'!7? IV 36a ?z Wetlarift Tracking r Facility Name Holly Homes Project Number 03 1170 ? Express Project Type purpose of road access & sewer for 33 single family home I County Wake Location UT to Basal Creek Holly Springs I County2 Received From APP COE ID # 200321368,69 Region Raleigh Received Date' September 19, 2003 COE Susp Date Reg. Contact Sent to Region Date DCM Susp Date P I AT ON FE INFO Rcvd Region Date J TIP Number,. Payment Date 9/19/2003 Last Action Date November 4, 2003 I More Info Requested Amount Paid $200.00, ' Last Action' Issue General More Info Received ?Payor ''S & EC Latitude (ddmmss) 353905 Mitigation ? Check # 016264 Longitude (ddmmss) 784847 COC Received Date Public Notice Written' Public Notice 13: Comment Period Date ReceivedDate Ends Date w y Stream Area Class Area ; Length Length Permit i = i?cres Wetland ' Wetland Stream Wetland Req. J (acres) a (feet) (feet) ?. Cert # Score Subbasin Re Type Type ? Impact Index Prim. , Supp. ; Class ?I Appr. Req. Appr. W A rF Michael F. Easley, Governor ?F 9 `J p William G. Ross Jr., Secretary 0 G North Carolina Department of Environment and Natural Resources 09 r Alan W. Klimek, P. E. Director 'i Division of Water Quality O `C Coleen H. Sullins, Deputy Director Division of Water Quality March 8, 2004 Holly Homes, LLC Attn: Mr. David Menaker 34 Oleander Drive, Suite 101 Clayton, NC 27520 DWQ Project No. 03-1170 Wake County Page 1 of 3 Subject Property: Holly Homes Property (formerly VanNest Property), Gable Ridge Ln., Holly Springs, NC UT to Basal Creek [03-04-03, 27-43-15-3, B NSW (nutrient sensitive water)] Dear Mr. Menaker: On January 16, 2004, the Division of Water Quality (DWQ) received a letter from your consultant (S&EC, Inc.) requesting an exemption from condition number 9 of your November 4, 2003 letter authorizing the use of General Water Quality Certification No. 3402. It was stated in this request that "due to the location of the existing sewer line" no practical alternative exists for the proposed road crossing. The DWQ is required to ensure that the installation of culverts do not prevent aquatic life movement or destabilize streams (possibly leading to increased sedimentation, loss of aquatic habitat and destruction of the riparian buffer). It appears that your proposed plans will result in the installation of the culvert above the existing elevation of the stream substrate. Specifically, it appears that the upstream end of the proposed culvert will be installed approximately 1.3 feet above the existing stream substrate and the lower end will be installed approximately 1.7 feet above the existing stream substrate. Please provide additional information as to why you believe this culvert will not be perched on the lower end (possibly leading to scouring of the stream channel and prevention of aquatic life movement upstream), elevated on the upper end (possibly leading to impounding of water within the stream and alteration of stream flow during drought and dry conditions), how it will provide for aquatic life passage and how it will not generally destabilize the stream. If you have any questions, please telephone Bob Zarzecki at 919-733-9726. Sincerely, John Dorney, Supervisor DWQ Wetlands/401 Unit cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files bz 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/ncwetlands 00 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com January 16, 2003 S&EC Project #: 01-6158 NC Division of Water Quality Attn: Mr. John Domey 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604 WETLANDS/ 401, GROUP 6 ,j WATER QUr"4!'? RE: Nationwide Permit 39 (AID 200321368/21369)/401 Certification (DWQ 03-1170) - Request for Exemption from WQC #3402, Condition 9 Holly Homes Property (formerly VanNest Property) Holly Springs, Wake County, North Carolina Dear Mr. Dorney: On October 6, 2003 the U.S. Army Corps. of Engineers granted authorization for Nationwide Permit 39 (AIL' 200321368/21369) to construct a residential road crossing for the above referenced project. Subsequently, 401 Certification and buffer compliance was received on November 4, 2003 (DWQ #03- J 170). Prior to construction of the proposed road crossing, the applicant discovered that an existing 8" sanitary sewer line is present in the stream channel, beneath the channel substrate. Because of this existing sewer line, it will not be possible to comply with WQC #3402 - Condition of Certification #9, associated with Nationwide Permit 39. Condition #9 is stated below. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical....... Due to the location of the existing sewer line, the applicant requests exemption from this condition because no practical alternative exists for the proposed road crossing. All other listed conditions within the authorized 404/401 Certifications will be met during and after construction. The project engineer has provided calculations and a schematic drawing of the crossing in order to support this request. Please do not hesitate to contact this office if you have questions or need additional information. Sincerely, A04? <? Sean Clark Project Manager Attachments: I ) 404 Certification (AID 200321368/21369) 21 401 Certification (DWQ 03-1170 3) Location Map (Figure 1) 4) Impact Map 5) Ca dilations and schematic drawing Charlotte Office: Greensboro Office: Hickory 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 06'2003 22:50 919 876 5823 USACE RAL REG 0? #1456 P.001/001 U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200321368/21369 County: wake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERWICATION Property Owner Holl Homes LLC Attn: Aavid JVle raker Address 34 Oleander Drive Ste 101 Clayton North Carolina 27520 Telephone Number 919-550_5263 Authorized Agent Soil & Environmental Consultar% Inc. Attn: Sean Clark Address 11010 Raven Rid Road Ralei NC 27614 'T'elephone Number 919-846-5900 Size and T.ocation of proven waterbody, Hi way name/nuatberI town etc.: The property is located on the east side of Bass Lake Road (SR 1393) and to the south of Holly Springs Road (SR 1152). east of Holly Springs, Wake County, North Carolina. Description of Activity-., This permit authorizes, excavation, the installation of culverts, and the placement of fill associated with the construction of a residential development. TemporarY impacts to wetlands authorized by this permit include 0.01 acres for one sewer line crossing order NWP 12 (AID 200321368). Permanent impacts authorized by this permit include.012 acre of wetland and 141 linear feet of stream channel for one road crossing under NWP 39 (AID 200321369). Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Rcgional General Permit Number u&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 proMmr please contact Andrea Wade at elephone number 919 876 - 8441 extension 31 Regulatory Project Manager SignaturC Date October 6 2003 Expiration Date October 6 2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC, MUST BE ATTACHED TO THE FILE COPY OF TI`IIS FORM, IF REQUIRED OR AVAILABLE. O? NN A r?9 Michael F. Easley, Governor William G. Ross Jr., Secretary ?Ot PG North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P. E. Director -i Division of Water Quality O < Coleen H. Sullins, Deputy Director Division of Water Quality November 4, 2003 Holly Homes, LLC Attn: Mr. David Menaker 34 Oleander Drive, Suite 101 Clayton, NC 27520 DWQ Project No. 03-1170 Wake County Page 1 of 3 Subject Property: Holly Homes Property (formerly VanNest Property), Gable Ridge Ln., Holly Springs, NC UT to Basal Creek [03-04-03, 27-43-15-3, B NSW (nutrient sensitive water)] APPROVAL of 401 Water (duality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS Dear Mr. Menaker: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.025 acres of wetlands, 141 feet of streams and 13,240 square feet (ft) (or 0.30 acres) of protected riparian buffers for the purpose of constructing a road (Norwalk Street) and sewer line at the subject property, as described within your application dated September 19, 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 and 3374 (GC3402 & GC3374). The Certification(s) allows you to use Nationwide Permit(s) 39 and 12 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 and Non-discharge 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. 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) Holly Homes, LLC Page 2 of 3 November 4, 2003 c. For borrow pit sites, the erost the sediment recent version of the North Carolina Surface Mining Manual. maintained in accordance wi h d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. No Waste, Spoil, Solids, or Fill of Any No waste, spoil, solids, or fill of any kind shall occur in wetllan s Allater construction riparian a ies, beyond the fodeotprint sign of the impacts depicted in the Preconstruction Notice App ru es ocg ument Practices, shall be stand erosion control Bst andards, statutes, ore installation, operation, and maintenance of sediment performed so that no violations of state water quality 3. No Sediment & Erosion Control Measures w/n Wetlands or Waters or wa the maximum Sediment and erosion control measures f in wetlandsfandtwaters is unavoidable, they andherosion lbcoptrrol devices practicable. If placement of sediment shall be removed and the natural grade restored within six months of the date that the Division of Lan Resources has released the project. 4. Certificate of Completion 401 Water Quality Certification or applicable Buffer Rules, and Upon completion of all work approved within the the attached certificate of completion any subsequent modifications, the applicant is required to return to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699- 1650. Deed Notifications and buffer Deed notifications or similar mechanism horder to all be assuced on ail re a compliance for future wetland, retained wetlands, waters and protective buffers in wetlands, waters and/or buffers any impact. These mechanisms shall be put in place prior to andlAUhori ation Certificate. You can obtain a copy of a approved for impact under this Certification Approval sample deed notification from our web site or by contacting the DWQ. Protective Fencing boun The outside buffer, wetland or water be clearly marked with orange fabric fenc g'(or s milar h gh d sibility approved under this authorization shall fencing material) for the areas that have be approved activities rtogensufre compliance with 15A NCAC 2B .0233 and shall be installed prior to any land disturbing GC3402 and GC3374. The protective fencing should be removed once construction is complete. 7. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 8. Water Quality Certification (s) The proposed project must comply with all of the conditions of General Water Quality Certification(s) 3402 & 3374. 9. Culvert Installation ream pro iles The culverts required for this project shall be inselce oss sect on dimens ohns tpatternlnandflongitud nfal p ofee)Olow and he altered. Existing stream dimensions (including t designed l be be maintained above and below locatioe?snt head cutting of the streamss hlflany of the ex t ng Ip'pee are oa of each culvert. The for aquatic life movement as well as to pr ed be -established or, if the pipes installed in a perched become perched, the appropriate stream grade shall manner, the pipes shall be removed a Holly Homes, LLC ` Page 3 of 3 November 4, 2003 The culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) are to be maintained above and below locations of each culvert. As such, it Is required that you provide the plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is Installed. The culvert(s) must be installed according to the approved plans. 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, Alan W. Klimek, P.E., NC DWQ, Director Attachments: Certificate of Completion GC 3374 GC 3402 Cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files DWQ # 031170 Date: November 4, 2003 bz Project 1: Scale: 016158 V 2000 Figure 1 Project Date: Soil & Environmental Consultants, Inc. Mgr.: JAB Y21101 Location Map 11010 Raven Ridge Rd.- Raleigh, NC 27614 David VanNest Property (919) 846-5900 • (919) 846-9467 Holly Springs, Wake Co., NC Web Page: www.SandEC.com APEX, N. C. 35078-F7-TF-024 PHOTOINSPECTED 1988 1974 PHOTOREVISED 1987 DMA 5255 III NE-SERIES V842 I NOU-23-2003 21:23 r M INTEGRATED DESIGN « z « ig 919 839 2255 P.03i03 `f? dG 0 N Cl « A ?+ co W .9 M ? eL 2 CV M TOTAL P.03 F ? __7 t 4j :iL T , iT,v f r - -? - -- ------------ c1') CL? 77- r. - = _ - -. I -- FFC'JECT ,:OE CODF N == r _.'JJI7H__. ----- CATc.. t?;'If 6 Y - - - - ---- ... . F PP;ONE MI-G- PAGE u PROJECT NOTES - t i `.-y f_.'4." e .j....;_ [."' y._ '.?•I tom _?y __ {?+-?F--1?"'-..^?....•:? -j--{»- ?_ ' .--ICJ y^' ^f }1 -1_ ?OF WATF9P Michael F. Easley, Governor William G. Ross Jr., Secretary ?O G North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director I Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 4, 2003 Holly Homes, LLC Attn: Mr. David Menaker 34 Oleander Drive, Suite 101 Clayton, NC 27520 DWQ Project No. 03-1170 Wake County Page 1 of 3 Subject Property: Holly Homes Property (formerly VanNest Property), Gable Ridge Ln., Holly Springs, NC UT to Basal Creek [03-04-03, 27-43-15-3, B NSW (nutrient sensitive water)] APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS Dear Mr. Menaker: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.025 acres of wetlands, 141 feet of streams and 13,240 square feet (ft2) (or 0.30 acres) of protected riparian buffers for the purpose of constructing a road (Norwalk Street) and sewer line at the subject property, as described within your application dated September 19, 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 and 3374 (GC3402 & GC3374). The Certification(s) allows you to use Nationwide Permit(s) 39 and 12 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 and Non-discharge 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. 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) Q1Q_733_17AA 1nhnna1 Q1Q_7A3_AA93 1fny1 httn•//h9n am ctato nn uc/newntlnnric Holly Homes, LLC Page 2 of 3 November 4, 2003 c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. No Waste, Spoil, Solids, or Fill of Any 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. 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. 5. Deed Notifications Deed notifications or similar mechanisms shall be placed on all properties and lots with retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. You can obtain a copy of a sample deed notification from our web site or by contacting the DWQ. 6. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange fabric fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water. This fencing shall be installed prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC3402 and GC3374. The protective fencing should be removed once construction is complete. 7. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 8. Water Quality Certification(s) The proposed project must comply with all of the conditions of General Water Quality Certification(s) 3402 & 3374. 9. Culvert Installation The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Holly Homes, LLC Page 3 of 3 November 4, 2003 The culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) are to be maintained above and below locations of each culvert. As such, it Is required that you provide the plans with adequate details that Indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) Is Installed. The culvert(s) must be installed according to the approved plans. 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. 1508. 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, al n W. Klimek, P.E., NC OWQ, Director Attachments: Certificate of Completion GC 3374 GC 3402 Cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files bz DWQ # 031170 Date: November 4, 2003 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 September 19, 2003 n, ` ] S&EC Project # 01-6158 OS/401 COUP US Army Corps of Engineers N?'bivision of Water Quality Attn: Ms. Andrea Wade Attn: Mr. John Dorney SFP 1 2003 6508 Falls of the Neuse Road, 2321 Crabtree Boulevard Suite 120 Suite 250 ?`?TERQUAUTYSECUON Raleigh, North Carolina 27615 Raleigh, North Carolina 27 4 A RE: Nationwide Permits 12 & 39, 401 Water Qification, & Neuse River Buffer ? Compliance Request Holly Homes Property (formerly VanNest Property) Holly Springs, Wake County, North Carolina Dear Ms. Wade and Mr. Dorney: On behalf of Holly Homes LLC (current property owner), we request authorization from the US Artny Corps of Engineers (USACE) use Nationwide Permit (NWP) 12 and 39 for the proposed project to cover a temporary impact to a wetland and permanent impacts to a stream channel and wetlands. We also request written concurrence from the NC Division of Water Quality (NCDWQ) that the project meets the 401 Water Quality Certification for the associated NWPs and complies with the Neuse River Basin (NRB) Buffer Rules. A Pre-construction Notification Application (PCN) is attached, which includes an agent authorization form. The proposed project plan was permitted by the USACE (Action 1D #200121234 and #200121235) and DWQ (DWQ#011203) in August and September of 2001 respectively, however due to financial difficulties the proposed project was not started. The property was recently sold to Holly Homes LLC, who intends to use the same site plan. The proposed project consists of the installation of infrastructure necessary for a residential development, such as access roads and sanitary sewer service. The approximately 14-acre property is located southeast of the intersection of Holly Springs Road (SR 1152) and Bass Lake Road (SR 1393). Please refer to the attached map (Figure 1) for the location of the proposed project on a USGS topographic quadrangle. The proposed permanent impacts (NWP 39) will total 141 linear feet to an intennittent stream and 0.012 acres of wetland impact. Total proposed temporary wetland impacts (NWP 12) are 0.01 acres. _Charlotte Office: 236 LePhillip Court, Suitc C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Flickor ORice: 622 Coon Mounlain Lane Taylorsville, NC 28681 Phone (828) 635-5820 Fax: (828) 635-5820 September 19, 2003 S&EC Project # 01-6158 Page 2 of 2 Because the applicant: 1) has minimized unavoidable stream channel impacts by crossing at a perpendicular angle and locating the proposed road and sanitary sewer line within the same crossing, 2) will maintain vegetative buffers as required by the Neuse River Basin riparian buffer rule, and 3) proposes to place deed restrictions on lots 1102 and 1 129 upon recordation of the lots to prevent further impacts to jurisdictional wetlands, S&EC does not believe compensatory mitigation should be required by the USACE for this project. The proposed impacts for the road crossing (141 I.f. of stream channel and 0.013 acre of wetland) are below NCDWQ's threshold for compensatory mitigation (150 l.f. of stream channel impact or 1 acre of wetland impact); therefore, S&EC does not believe compensatory mitigation should be required by NCDWQ. Riparian buffer impacts from the road crossing equal 141 l.f. and 0.26 acre. The proposed sanitary sewer will impact 0.046 acre of Zone 2 riparian buffer, which is not a perpendicular impact. It is important to note that the applicant proposes to narrow the construction corridor to avoid impacts to Zone 1 of the riparian buffer. The applicant proposes to identify the limit of Zone I with tree protection fencing to ensure compliance. Both of the proposed impacts within the riparian buffer meet the criteria for allowable activities. Therefore, S&EC believes riparian buffer mitigation should not be required by NCDWQ. The proposed sanitary sewer line will impact a portion of Zone 2 of the riparian buffer, which is an impact other than the perpendicular crossing. It is important to note that the applicant proposes to narrow the construction corridor to avoid any impacts to Zone 1 in this area by erecting tree protection fencing at the limit of Zone 1 of the riparian buffer. Please refer to the attached Wetland and NRB Impact map for the riparian buffer impacts associated with the project and the "no practical alternative" letter prepared by Mr. Chris Allen of Allen Engineering, which explains the site constraints that dictate the alignment of the proposed access road and sanitary sewer line. Please call if you have any questions or email me at SC1ark@SandEC.com. Sincerely, Sean Clark Environmental Scientist Attachments: Pre-construction (PCN) notification form Agent Authorization Form Site Location Map (Figure 1) Wetland & NRB Impact Maps (2 Sheets) Data Forms NCDWQ Buffer Subjectivity Letter (3/28/01) Chris Allen's "No Practical Alternative" letter Copy of Previously issued 401 Copy of Previously issued 404 $200 check for 401 certification fee Office Use Only: 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 Pen-nit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12 & 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 Owner/Applicant Information Name: Holly Homes, LLC Mailing Address: Attn: David Menaker 34 Oleander Drive Suite 101 Clayton, NC 27520 Telephone Number: (919)5505263 Fax Number: (919)550-5261 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: Sean Clark Company Affiliation: Soil & Enviromrental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleieh. NC 27614 Telephone Number: (919)846-5900 E-mail Address: SClark(?SandEC.com Fax Number: (919)846-9467 Page 1 of 9 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 snaps 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: Holly Homes Property (formerly VanNest Property) 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0659525277 & 0659524077 4. Location County: Wake Nearest Town: Holly Springs Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): The site can be reached by taking NC Hwy 55 south, turning east (left) onto Holly Springs Road (SR 1152) turning right onto to Linksland Drive and right onto Gable Ridge Lane The proposed street for the project connects to Gable Ridge Lane. 5. Site coordinates, if available (UTM or Lat/Long): 35°39'05" N / 78 ° 48'47" 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): 14 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Basal Creek (upstream of Sunset Lake) 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: The site is currently undeveloped/ wooded. The area north Page 2 of 9 of the site is forested. Residential areas exist to the east, west, and south of the subject property. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is a residential subdivision that includes roads, utilities, etc, typically required for such projects. Conventional heavy equipment will be used to construct the 11. Explain the purpose of the proposed work: The purpose of the proposed project is to provide road and sanitary sewer access necessary to develop approximately 33 single-family homes on the property and a sanitary sewer connection for an adjacent subdivision to the north that is not owned by Holly Homes, LLC. 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 pen-nits issued for prior segments of the same T.I.P. project, along with construction schedules. On March 6 2001, S&EC delineated iurisdictional wetlands and waters and Neuse River Basin riparian buffer limits on the site. Data forms completed during the delineation are attached. Matthew Flynn of the NC DWQ confirmed that one buffered stream is present on the property. A copy of Mr. Flynn's correspondence is attached for your reference. The same proposed project plan was pennitted by the USACE (Action ID #200121234 and #200121235) and DWQ (DWQ#011203) in August and September of 2001 respectively, however due to financial difficulties the proposed project was not started. The property was recently sold to Holly Homes LLC. who intends to use the same site plan. 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. There are no development plans for the property beyond those proposed in this application. 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 Page 3 of 9 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 impacts result from the installation of a residential road (Impacts 2 and 3) required to gain access to the property from an existing portion of Norwalk Street and from a sewer easement (Impact 1) 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** I Temporary / Excavation 0.01 No +/- 85' Seep 2 Permanent / Fill 0.01 No +/- 20' Headwater Forest 3 Permanent / Fill 0.002 no 0 Ephemeral List each impact separatery and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, 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.feina.pov. *** 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: 0.076 Total area of wetland impact proposed: 0.025 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 specify) Road crossing 1 (culvert, fill, and 141 UT to Basal Creek +/- 3' Intermittent riprap) List each impact separately and identity 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.Qoy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone,com, www.mapquest. coin, etc.). Page 4 of 9 Cumulative impacts (linear distance in feet) to all streams on site: 141 LF 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 Wat Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma) (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. 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 stonnwater requirement, etc.): NA Size of watershed draining to pond: 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 proposed road crossing is necessary to provide access and a connection between existing adjacent subdivision roads as directed by the Town of Holly Springs. The temporary sanitary sewer impacts are required to provide sanitary sewer service to a currently planned residential development located north of the VanNest property. It is important to note that Holly Homes LLC does not own the adjacent property to the north. There are no impacts to jurisdictional features or buffers on the property associated with the proposed subdivision to the north. Please refer to the attached no practical alternatives letter provided by Chris Allen of Allen Engineering for more information regarding the specific design constraints associated with the project It is important to note that the proposed road and sanitary sewer line were designed to cross the stream channel in the same place to minimize impacts to the stream channel. The road also crosses the stream at a perpendicular angle to further minimize the impacts. Page 5 of 9 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.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Because the applicant: 1) has minimized unavoidable stream channel impacts by crossing at a perpendicular angle and locating the proposed road and sanitary sewer line within the same crossing, 2) will maintain vegetative buffers as required by the Neuse River Basin riparian buffer rule, and 3) proposes to place deed restrictions on lots 1102 and 1129 upon recordation of the lots to prevent further impacts to jurisdictional wetlands S&EC does not believe compensatory mitigation should be required by the USACE for this project The proposed impacts for the road crossing (141 I.f. of stream channel and 0.013 acre of wetland) are below NCDWO's threshold for compensato mitigation (150 1 f of stream channel impact or 1 acre of wetland impact)• therefore S&EC does not believe compensatory mitigation should be required by NCDWO. Riparian buffer impacts from the road crossing equal 141 L f. and 0.26 acre The proposed sanitary sewer will impact 0.046 acre of Zone 2 riparian buffer, which is not a perpendicular impact. It is important to note that the applicant proposes to narrow the Page 6 of 9 construction corridor to avoid impacts to Zone 1 of the riparian buffer. The applicant proposes to identify the limit of Zone 1 with tree protection fencing; to ensure compliance. Both of the proposed impacts within the riparian buffer meet the criteria for allowable activities. Therefore, S&EC believes riparian buffer mitigation should not be required by NCDWQ. 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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional infonnation regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres):- 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 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. NA Page 7 of 9 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 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: 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. Road Crossin Zone* Impact (square feet) Multiplier Required Mitigation 1 6,763 3 NA 2 4,478 1.5 NA Total 11,241 NA Sewer Corridor (Zone 2 only) Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 NA 2 1,999 1.5 NA Total 1,999 NA * Zone 1 extends out 30 feet perpendicular from near hank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. XI. 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. NA 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. The property currently does not contain impervious acreage. The engineer for the aroiect has estimated that the property will contain 25-28% impervious area upon completion of the proposed project The applicant proposes to comply with the Neuse River Basin riparian buffer rules for protection of downstream surface water and wetlands Page 8 of 9 XI1. 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. The property will connect to existing sanitary sewer lines. X117. 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 pen-nits. 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). September 19, 2003 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of '9 SEP-19-2003 12:52 PM MENAKER_&_ASSOC 9195505261 P.01 1wal6h. NIA Clro1Ma 17614 AGENT AL?'I' n1Z17AWN FORM t L do B Name: Addre6 y?, (, • 's'ue ` ? 2. ? ------------?-" l /,,one Project Name/DescriPbori -- Date: The 1)epvtment of the Arleaty U.S. Army Corps of Angi Mrs, Wi n"n&" "'strict ?,0. Box 1990 Wd ningtom, NC X8402 / Attn: e Meld OFM p,e.. Wetlands Related. Ctmsulting Arid Pemi tfng To Whom It May Concern. 1, the current proRCM v mv, hereby designate and auftnm Soil do R"hwune"tol Cemsultanta5, PA to art in my behalf as ntr agent in the processing of permit Applicabiorts, td furnish upon request Supplemenw >i0mution In support of suppurations, etc. from this day forward, The day of njb notification Seder any previous correspondence concerning the Agent lot this project. NVEICE. 'liIds 00thoritartion, far Hability and profeateImA courtesy ?09 is valid only for tm?erruntent officials to enter the property Whet) wompanied by . You should call S8c19C to arrange ¦ site meeting partot to Y&Itling the site. Print Pre Owa<1er'g same ltd o?G-ova-- prop" gy'`'m'' Signature cc. Mr. )ohn Domey NCDBNR - PWQ 2921 Crabtree boulevard cc: mr. Sean Clark Soil do EwdTonmelntal Consultants, PA Ratleo, NC 27604 3517 J a+?a 622 C in We 1361?.oPhWir Com Suit'; C 817-8 Low NC Div Tlyltxrvale, NC 26681 Concord. NC 28023 ntftmboro, 274$5 "Wm (824) em-5820 Phone; (704) 710-SO5 pl,m,n Ph6: (736) (7?6) s 6?823#4$5 4 tm: (82$) 631-5A20 )pax: (704) 72(4"0 01-6158 1" a 2000 Figure 1 Project Date: Soil & Environmental Consultants, Inc. Mgr.: JAB 3121101 Location Map 11010 Raven Ridge Rd.- Raleigh, NC 27614 David VanNest Property (919) 846-5900 • (919) 846-9467 Holly Springs, Wake Co., NC Web Page: www.SandEC.com APEX, N. C. 35078-F7-TF-024 PHOTOINSPECTED 1988 14 1974 PHOTOREVISED 1987 DMA 5255 III NF-SERIFS V842 CJ O iJ ?O hj LLJ O ?. U ? ? o LLJ 1? `C'am / ? i•? `,. ?? ? ? i , irr r' ?r r /MN y w ?44X???-' /?' 'v ``? 1 'K" ?\•\\ ?\',\\\?.' ?\? ,/. 1, .. .. ,/- // ? Y Q ?? / I' i . ?N /Uj - - - - - ----------- o. _ w C"4, 1, g ------ N e- r _J r i N ' -- r ? V r?rk N I r ?rrrrrrrrrr `l'am' ...... .... ... ..r rrrrrr?rrr r ?I° rrrrrrrr rr 1 1 1 1 1 _ -- .1 1 ? _ 1 r?1 ?r 41 ? OOb • INSET BUFFER IMPACT #2 f <J ?? ZONE 1: 0 SO. FT. ZONE 2: 1999 SQ.FT. TOTAL: 1999 SQ. FT. i i (0.046 AC.) 1133 '? BUFFER IMPACT #1 ZONE 1: 6763 SQ. FT. - - y LIMIT OF, - - ?' ONE 2: 4478 SO-FT. ?C IMPAET~ Z \ > ..._, TOTAL. 11241 SQ. FT. (0.258 AC,) '', --??-- - STREAM CHANNEL: 141 LIN. FT. WETLAND I?O? IMPACT #2 \tiF 516 SQ. FT. QMITq OFELr C PACT` ? , <>o ?\ - # WETLAND ?Q/ ??\ y ti? ????? ? IMPACT #3 67 SQ. FT. 1 ? ' t 11102 WETLAND IMPACT #1 508 SQ. FT.- - ??.y. GRAPHIC- .SCALE ? 1" = 50' ?C? ?. 50 0 50 1.00 Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: VanNest Property Development Date: 3/6/01 Applicant/Owner: David V. VanNest County: Wake Investigator: Jennifer Burdette State: North Carolina Do Normal Circumstances exist on the site? X Yes _No Community ID: Hardwood Forest Is the site significantly disturbed (Atypical Situation)? _Yes X No Transect ID: Is the area a potential Problem Area? _Yes X No Plot ID: UP a Flag #1012 If needed, explain on reverse. VMFTOTION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Quercus nigra Tree FAC 9. 2. Liriodendron tulipffera FAC 10. 3. Prunus serotina FACU 11. 4. Liriodendron tulipifera Shrub/Sap FAC 12. 5. Clethra alnifolia FACW 13. 6. Rubus argutus Herb 14. 7. Lonicera japonica Vine FAC- 15. 8. Smilax rotundifolia FAC 16. Percent of Dominant Species that are OBL, FACW,or FAC (excluding FAC- : 50 - 63 Remarks: The vegetation meets the criteria (z50% OBL, FACW, or FAC) for hydrophytic vegetation. HYDROLOGY Recorded Data: Wetland Hydrology Indicators: - -Stream, Lake or Tide Gauge Primary Indicators: _Aerial Photographs -Inundated Other -Saturated in Upper 12 Inches - -Water Marks X No Recorded Data Available -Drift Lines -Sediment Deposits -Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): -Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: NA (in.) Water-Stained Leaves -Local Soil Survey Data Depth to Free Water in Pit: NA (in.) _FAC-Neutral Test -Other (Explain in Remarks) Depth to Saturated Soil: NA (in.) Remarks: Field indicators of wetland hydrology were not present. Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: VanNest Property Development Plot ID: UP (cD Flag #1012 SOILS Map Unit Name Drainage Class:. well drained (Series and Phase): Cecil sandy loam, 10 to 15 percent slopes Field Observations Taxonomy (Subgroup): Topic Hapludults . Confirm Mapped Type? _ Yes - No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 Al 7.5YR 4/6 NA NA loam 12-16+ A2 10YR 4/4 7.5YR 4/6 common/prominent loam Hydric Soil Indicators: Histosol -Concretions _ _Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor -Organic Streaking in Sandy Soils _ _Aquic Moisture Regime -Listed on Local Hydric Soils List -Reducing Conditions -Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: The soils do not meet the criteria for hydric soils. WETLANDS DETERMINATION Hydrophytic Vegetation Present? X Yes _No Is this sampling point within a wetland? Wetland Hydrology Present? -Yes X No -Yes X No Hydric Soils Present? -Yes X No Remarks: This area does not meet the criteria for a jurisdictional wetland due to the absence of wetland hydrology and hydric soils. Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Development Project/Site: VanNest Property Date: 3/6/01 , Applicant/Owner: David V. VanNest Investigator: Jennifer Burdette County: Wake State: North Carolina Do Normal Circumstances exist on the site? X Yes No Community ID: Seep Is the site significantly disturbed (Atypical Situation)? -Yes X No Is the area a potential Problem Area? _Yes X No Transect ID: Plot ID: WL (ZD. Flag #1012 If needed, explain on reverse. VFnFTATInN Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acerrubrum Tree FAC 9. Lonicera japonica Vine FAC- 2. Liquidambar styraciflua FAC+ 10. 3. Acer rubrum Shrub/Sap FAC 11. 4. Oquidambar styraciflua FAC+ 12. 5. Sambucus canadensis FACW- 13. 6. Lindera benzoin FACW 14. 7. Rubus spp. Herb 15. 8. Juncus e//usus FACW+ 16. Percent of Dominant Species that are OBL, FACW,or FAG (excluding FAC- : 78 - 89 Remarks: The vegetation meets the criteria (z50% OBL, FACW, or FAC) for hydrophytic vegetation. uvnRnl nr:v Recorded Data: Wetland Hydrology Indicators: - -Stream, Lake or Tide Gauge Primary Indicators: .Aerial Photographs Inundated Other X Saturated in Upper 12 Inches -Water Marks X No Recorded Data Available -Drift Lines Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: NA (in.) X Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: 4 (in.) X FAC-Neutral Test -Other (Explain in Remarks) Depth to Saturated Soil: 0 (in.) Remarks: The area contained sufficient field indicators of wetland hydrology. Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: VanNest Property Development Plot ID: WL (U-) Flag #1012 SOILS Map Unit Name Drainage Class: well drained (Series and Phase): Cecil sandy loam, 10 to 15 percent slopes Field Observations Taxonomy (Subgroup): Topic Haoludults - Confirm Mapped Type? _ Yes - No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 A 10YR 4/3 10YR 4/6 common/distinct loam 6-12 B 10YR 4/1 10YR 4/6 common/distinct sand clay loam Hydric Soil Indicators: _Histosol -Concretions _Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor -Organic Streaking in Sandy Soils X Aquic Moisture Regime -Listed on Local Hydric Soils List Reducing Conditions -Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: The soils meet the criteria for hydric soils . WETLANDS DETERMINATION Hydrophytic Vegetation Present? X Yes _No Is this sampling point within a wetland? Wetland Hydrology Present? X Yes _No X Yes _No Hydric Soils Present? X Yes _No Remarks: The area meets the criteria for a jurisdictional wetland. State of North Carolina Department of Envi 1 and Natural Resour Raleigh Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary March 28, 2001 S & EC Consultants, Inc. Brad Suther 11010 Raven Ridge Rd. Raleigh, NC 27614 L29 01 1OR ? C DENR TH CAROLINA DEPARTMENT OF EN RONMENT AND NATURAL RESOURCES Subject: Neuse River Basin Riparian Buffer Rules N113RRO 01-104 David Van Nest Property Wake County Dear Mr. Suther: The site location map and other information that was provided, allowed a determination to be made as to whether or not the site would require compliance with the Neuse Buffer Rule. This specific project is referenced by the Raleigh Regional Office as NBRRO 01-104. Stream features A and B are indicated on either the Wake County Soil Survey or the USGS Apex Quadrangle (topographic). On March 26, 2001 I completed a site visit and determined that feature A is subject to protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code 15A:02B.0233 (NCAC 0233). Feature B is exempt from the Neuse Buffer Rule. This letter addresses only the applicability of the Neuse Buffer Rule at this one specific site. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Matthew Flynn Environmental Specialist cc: RRO/John Dorney C: buffl.104.doc ....,.. .. Alr ?7cnn 4n')Q T..?....L,..nn /Q1Q1S71 A7nn CAV /04Q1S71-A71R Project 0: I Scale: 016158 V a 2000' Mgr.: JAB 3121101 Figure 1 Location Map David VanNest Property Holly Springs, Wake Co., NC J Soil & Environmental Consultants, Inc. 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com APEX, N. C. 35078-F7-TF-024 PHOTOINSPECTED 1988 1974 PHOTOREVISED 1987 DMA 5255 111 NE-SERIES V842 F •: 8 14 : } Project #: Scale: 01.6158 V = 1320' Figure 2 - Wake Co. Project Date: Soil & Environmental Consultants, Inc. Mgr.: JAB 3/21101 Soil Survey Map 11010 Raven Ridge Rd.- Raleigh, NC 27614 David VanNest Property (919) 846-5900 • (919) 846-9467 Holly Springs, Wake Co,, NC Web Page: www.SandEC.com I? !I? ! iI i ?! I i ? r LEGEND: ,s WETLANDS (Flags 1011-1023, 1030A-B, & 1042-1058) (The US Arm Cor s of En i y p g neers must confirm the delineation or these areas.) LINEAR WETLAND (Flags 1000-1008 & 1010-1011) r STREAM CHANNEL SUBJECT TO NEUSE RIVER BUFFER RULES (Flags 1008-1009 & 1024-1041) The NC DWQ must confirm S&EC's butler determinatloal AREA EVALUATED V r \ r Zj- \ \Ff rt/R E _.- O M ?. 0 ?o ?ooq ?P nQ • ` j % 11oll 8s Environmental Consult nats Inc. N 010 Raven 8e oa . a 0 27614 I Phone: 19191846-S900 Fax: (919) 846.9467 l \ \ 1 \ Project: VanNest Property/S&EC Project N: 01-6158 Date: 3/21/01 \ Preliminary Wetland Approximation \ - 9ultebl. for Pnlimin.ry Pl•rutinr Ony \ SsEC raoarv.o the rybt m -Uty U.1. -p b.ed .n noon Geld-k, .urrcyod dell-tlon. and any ether additional int-tion. i \\ '.\ \ Appre.lmff th wn euepn pd u.b.a ape they -. and pound wthlnd. If Nw aroe.. at, M u.d, Ihq mu.t be M approved and •? ?\ Permitted by the V.S. Anrp• Corps of Bnein- Maps and databases are public information supplied by various government agencies. The author and/or seller of the software program are in no way responsible or liable for the information depicted herein. Inquiries concerning the data should be directed to the appropriate government agency. MapVUE 0 61 121 182 243 Scale in Feet 0 7:50 MAR 21, 2001 FROM : ALLEN ENG FAX NO. : 6617725 Jul. 31 2001 09:00AM P1/2 Allen Engineering 13828 Sky Meadow Drive Apex, NC 27502 Civil Engineering and Consulting Services July 31, 2001 Jennifer Burdette Soil & Environmental Consultants RE: Van Nest Property Development Neuse River Suffer and Wetland Impacts Dear Jennifer: The Neuse River Riparian Buffer and wetlands impacts for this project were minimized as much as possible and still meet the existing constraints and the Design Standards for the Town of Holly Springs. The impacts are limited to the one road crossing for Norwalk Street and two areas for a sanitary sewer main line. The following information will outline the design process that lead to the current layout: Norwalk Street Crossing Norwalk Street connects to two fixed tie in points that were setup in the adjacent Sunset Ridge Subdivision to provide the proper interconnectivity among neighborhood streets. The connection to Gable Ridge Drive was requested by the Town of Holly Springs again to meet the traffic flow requirements. The parcel of land would also be land locked without these connection points The crossing for Norwalk Street was setup as a perpendicular crossing of the creek in order to minimize impacts. Sanitary Sewer Line Impacts The sewer line also had a fixed tie in point setup in the adjacent Sunset Ridge Subdivision. The sewer is gravity fed and is elevation dependent. The sewer line also crosses the creek in the crossing for Norwalk Street. This was designed to minimize impacts by putting the utilities in the roadway crossing. The sewer line impacts are only in Zone 2 of the buffer. FROM : ALLEN ENG FAX NO. : 6617725 Jul. 31 2001 09:01AM P2i2 The sewer line was placed as far up the creek bank as possible in an effort to minimize the impacts, however the farther the sewer is moved up the bank the deeper the trench excavation becomes. The deeper the trench the more impact there is due to the large slopes required. Again the sewer is gravity fed limiting the placement of the line. If you have any questions or need any additional information, please give me a call at 661-8998_ Sincerely, Allen n eering, Inc. ris Allen, P.E. QF W ATFi9 Michael F. Easley pG Governor William G. Ross, Jr., Secretary ? Department of Environment and Natural Resources O `C Gregory J. Thorpe, Ph.D. Division of Water Quality September 20, 2001 Mr. David VanNest PO Box 325 Holly Springs, INC 27540 Subject: Residential Development Wake County DWQ# 011203 APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS Dear Mr. VanNest, You have our approval, in accordance with the attached conditions and those listed below, to impact 141 feet of stream and 11, 241 square feet of riparian buffer in association with a road crossing and 1,999 square feet of zone 2 riparian buffer for a parallel sewer construction along an unnamed tributary of Basal Creek in the Neuse River Basin, Wake County based on your application dated August 8, 2001. After reviewing your application, we have decided that this activity Is covered by General Water Quality Certification Numbers 3287 and 3288. This certification allows you to use Nationwide Permit Numbers 39 and 12, respectively, when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval Is only valid for the purpose and design that you described in your revised application except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in therGeneral Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Diffuse Flow An additional condition Is that stormwater shall be directed to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to Indicate that diffuse flow through the protected buffers as described above will be achieved. 2. 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. 3. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked by orange fabric fencing for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 26.0233 and GCs 3287 and 3288. If you do not accept any of the conditions of this certification, 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. 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) -n 100 490C ML.......\ nAn ? - C007 /(....\ 1..H...lh. n.. ,,... ,J-....,. -/.........H,...-/ Action ID: 1. ?'Y Wake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property AUG 15 2001 Owner David V. VanNest Address P.O. Box 325 Holly Springs, NC 27540 Telephone Number 919-552-6849 Authorized Agent Soil & Environmental Consultants, Inc. Attn: Jennifer Burdette Address 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number 919-846-5900 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is located on the east side of Bass Lake Road (SR 1393) and to the south Holly Springs Road (SR 1152), east of Holly Springs, Wake County, North Carolina. Description of Activity: This permit authorizes excavation, the installation of culverts, and the placement of fill associated with the construction of a residential development. Impacts to wetlands and authorized by this permit include 0.01 acres for one sewer line crossing under NWP 12 (AID 200121234) and 0.02 acres (141 linear feet) for one road crossing under NWP 39 (AID 200121235). Impacts to wetlands and waters total 0.03 acres (141 linear feet). 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 12 & 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 August 13, 2001 Expiration Date " August 13, 2003 U.S. ARMY CORPS OF ENGINEERS Wilmington District 200121234 / 200121235 County: SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. UUIL & ENVIRUNMENTAL UUNSULTANT5, PA Q ? V\j 1 ? w- 016264