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HomeMy WebLinkAbout20020717 Ver 1_Complete File_20020508rvuu?uc? r. --Y' vwciuul William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax #: 919-733-6893 Fax To. Xvtw"5 ? Fax #. ? .? Company: Date: Number of pages including cover sheet: 1 N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands SPAULDING & NORRIS, PA Civil Engineering & Planning November 6, 2002 Mr. Kenneth Schuster Mr. Danny Smith Water Quality Regional Supervisor Environmental Specialist II Raleigh Regional Office NC Division of Water Quality Dept. of Environment & Natural Resources Wetlands/401 Unit 1628 Mail Service Center 2321 Crabtree Boulevard Raleigh, NC 27699-1628 Raleigh, NC 27604-2260 Re: Additional / Revised Information for Covington MeadoMrtSukdivision - Wake County DWQ Project # 00-0816 S&N Project # 309-01 NOV 6 MIT , &! Dear Mr. Schuster, 'I vlJ%i' , d This letter is in response to the October 21, 2002, meeting to discuss the Covington, Meadows Subdivision Notice of Violation and Enforcement Action Recommendation. During this meeting, DWQ staff requested that the contested Neuse Riparian Buffer adjacent to the proposed cul-de-sac off of Optimist Ridge Trail (southeast corner of site) be accounted for and included in materials submitted as part of the Revised PCN Application Package dated September 10, 2002 (submitted to DWQ on September I1, 2002). Attached is a revised "Wetlands and NRB Impact Analysis" (EX-1) that includes the contested Neuse Riparian Buffer. Please note that the cul-de-sac has been shifted to the south to accommodate a revised lot layout that is completely exclusive of the Neuse Riparian Buffer. This revised exhibit indicates an existing impact, a gravity sanitary sewer line that is currently installed. The Owner requests that this sanitary sewer impact be permitted as shown on the revised EX-1 since this involves no introduction of impervious surfaces to the Buffer. The proposed permanent Neuse Riparian Buffer impacts are quantified and labeled as "Impact Area #9". Proposed permanent Neuse Riparian Buffer impacts for the sanitary sewer, labeled as "Impact Area #9", total 5,577 ft2 (2, 035 ft2 in Zone 1; 3, 542 ft2 in Zone 2). With the exception of the previously permitted and existing road crossing labeled as "Impact Area #2", no impervious surfaces are proposed for installation within the Neuse Riparian Buffer. An additional exhibit (Existing Neuse Buffer Impact Evaluation, EX-2) is included with this response to indicate the extent of the existing temporary impacts to the contested Neuse Riparian Buffer. These impacts were created during the installation of the sanitary Phone: (919) 854-7990 • Fax: (919) 854-7920a*gP rJ2oNnity Road ? Raleigh, North Carolina 27607 sewer line and preliminary clearing and grading for the cul-de-sac as indicated on the "Wetlands and NRB Impact Analysis" that was submitted on September 11, 2002. While the limits of the disturbance are clear, the total area of impact is difficult to quantify because several mature trees remain unharmed within the disturbed area. These mature trees include two Red Maples (dbh 6" and 22 "), one Willow Oak (dbh 10 ") and four White Oaks (dbh 10 ", 12 ", 17" and 20 ") as identified and located on the "Existing Neuse Buffer Impact Evaluation". Ignoring the contribution of these remaining mature hardwood trees, the total impact to the Neuse Ripar' s 11,074 ft2 (6,116ft2 in Zone 1; 4, 958 ft2 in Zone 2; Total Mitigation fee $24, 753.60). If the mature hardwood trees were accounted for, the true impact or functio oss of buffer would be considerably less. If DWQ staff allows the existing sanitary sewer to remain in its current location, the total buffer impact that would require revegetation (through natural regeneration or supplemental plantings) is 5,497 ft2 (4,081 ft2 in Zone 1; 1, 416 ft2 in Zone 2; Total Mitigation fee of $13, 792.32). Mitigation fees are calculated per 15A NCAC 02B .0242 (7)(a). It is our professional opinion that the disturbed areas within the Neuse Riparian Buffer will aggressively revegetate themselves next spring without any assistance from the Owner. This opinion is derived from and supported by the amount of live root mass remaining within the disturbed area, observation of seeds produced by mature trees and by the existing natural regeneration of trees on upland portions of the property that were timbered prior to the Owner's purchase of the property. Much of the disturbance consists of merely pushing the layer of forest litter and understory growth to the edge of the disturbed area. We anticipate that the natural regeneration that will occur next spring will provide a density of trees well in excess of the required 320 trees per acre and much more species diversity than the required two native hardwood species per 15A NCAC 02B .0242 (9)(d)(ii). Additionally, if the required density of trees is not naturally regenerated by winter 2003, 2004, the Owner proposes to supplement existing naturally regenerated trees with planted trees sufficient to meet this required density. However, if DWQ staff does not agree with this assessment or the proposed restoration plan, the Owner is willing to revegetate the disturbed area by planting trees sufficient to meet the required density for Neuse Riparian Buffer restoration. Please note that the channel and its adjacent buffer have already been returned to natural grade. Additionally, the entire disturbed area was stabilized with seed and mulch on October 22, 2002, the day after the meeting to discuss the DWQ Notice of Violation and Enforcement Action Recommendation. As a result of conversations with DWQ staff, the Owner anticipates that a fine will be levied upon him for unauthorized impacts to the contested Neuse Riparian Buffer. To address this anticipated fine, the Owner offers to donate 0.61 acres of land within the Covington Meadows Development to DWQ or its designee. The property proposed for donation is labeled as "Open Space" and is immediately south of lot 49 in the southeast corner of the site. The average sale price of lots within the subdivision is $70,000. The average lot size within the subdivision is 0.35 acres. Hence, the average unit price of land within the subdivision is $200,000 per acre. Using this calculated unit price of land within the subdivision, the value of the 0.61 acres offered to DWQ by the Owner is $122,000. Additionally, the Owner asks that DWQ staff recognize that one home lot was Page 2 of 3 r voluntary lost by redesigning the cul-de-sac in the southeast corner of the site. This lot cannot be replaced and hence, represents a $70,000 reduction in capital to the Owner. The combined value of donated property and lost capital equates to a total of $192,000. This is nearly eight times the mitigation fee if the sanitary sewer is not allowed to remain in its current location and nearly 14 times the mitigation fee if the sanitary sewer is allowed to remain in its current location. The Owner requests that this donation of property and loss of a home lot be considered by DWQ staff in lieu of imposing a monetary fine. It is our hope that this response to the meeting held to discuss the DWQ Notice of Violation and Enforcement Action Recommendation on October 21, 2002, will bring closure to the issues of DWQ permitting for this site. As displayed by recent remedial actions, the Owner would like nothing more than to work with DWQ to bring this site into full compliance. Please do not hesitate to contact Mr. Chris Majewski or me if you have any further questions, comments or concerns about any of these issues. Sincerely, 'I; Scott Mitchell, PE, LSS Environmental Engineer/Scientist cc: Majewski Enterprises, Inc. - Chris Majewski Mr. Steve Mitchell, DWQ Raleigh Regional Office Ms. Debbie Edwards, DWQ Raleigh Regional Office Page 3 of 3 C-1 T SPAULDING & NORRIS, PA Civil Engineering & Planning' OJLN November 6, 2002 AW 6 l } Mr. Kenneth Schuster Mr. Danny Smith -'-`?L;gECt?ry Water Quality Regional Supervisor Environmental Specialist II Raleigh Regional Office NC Division of Water Quality Dept. of Environment & Natural Resources Wetlands/401 Unit 1628 Mail Service Center 2321 Crabtree Boulevard Raleigh, NC 27699-1628 Raleigh, NC 27604-2260 Re: Additional / Revised Information for Covington Meadows Subdivision - Wake County DWQ Project # 00-0816 S&N Project # 309-01 Dear Mr. Schuster, This letter is in response to the October 21, 2002, meeting to discuss the Covington Meadows Subdivision Notice of Violation and Enforcement Action Recommendation. During this meeting, DWQ staff requested that the contested Neuse Riparian Buffer adjacent to the proposed cul-de-sac off of Optimist Ridge Trail (southeast corner of site) be accounted for and included in materials submitted as part of the Revised PCN Application Package dated September 10, 2002 (submitted to DWQ on September 11, 2002). Attached is a revised "Wetlands and NRB Impact Analysis" (EX-1) that includes the contested Neuse Riparian Buffer. Please note that the cul-de-sac has been shifted to the south to accommodate a revised lot layout that is completely exclusive of the Neuse Riparian Buffer. This revised exhibit indicates an existing impact, a gravity sanitary sewer line that is currently installed. The Owner requests that this sanitary sewer impact be permitted as shown on the revised EX-1 since this involves no introduction of impervious surfaces to the Buffer. The proposed permanent Neuse Riparian Buffer impacts are quantified and labeled as "Impact Area #9". Proposed permanent Neuse Riparian Buffer impacts for the sanitary sewer, labeled as "Impact Area #9", total 5,577 ft2 (2, 035 ft in Zone 1; 3, 542 ft2 in Zone 2). With the exception of the previously permitted and existing road crossing labeled as "Impact Area #2", no impervious surfaces are proposed for installation within the Neuse Riparian Buffer. An additional exhibit (Existing Neuse Buffer Impact Evaluation, EX-2) is included with this response to indicate the extent of the existing temporary impacts to the contested Neuse Riparian Buffer. These impacts were created during the installation of the sanitary Phone: (919) 854-7990 • Fax: (919) 854-7920a+gP126Nnity Road + Raleigh, North Carolina 27607 sewer line and preliminary clearing and grading for the cul-de-sac as indicated on the "Wetlands and NRB Impact Analysis" that was submitted on September 11, 2002. While the limits of the disturbance are clear, the total area of impact is difficult to quantify because several mature trees remain unharmed within the disturbed area. These mature trees include two Red Maples (dbh 6" and 22 "), one Willow Oak (dbh 10 ") and four White Oaks (dbh 10 ", 12 ", 17" and 20 ") as identified and located on the "Existing Neuse Buffer Impact Evaluation". Ignoring the contribution of these remaining mature hardwood trees, the total impact to the Neuse Riparian Buffer is 11,074 ft2 (6,116 ft2 in Zone 1; 4, 958 ft2 in Zone 2; Total Mitigation fee of $24, 753.60). If the mature hardwood trees were accounted for, the true impact or functional loss of buffer would be considerably less. If DWQ staff allows the existing sanitary sewer to remain in its current location, the total buffer impact that would require revegetation (through natural regeneration or supplemental plantings) is 5,497 ft2 (4,081 ft2 in Zone 1; 1, 416 ft2 in Zone 2; Total Mitigation fee of $13,792.:12 ). Mitigation fees are calculated per 15A NCAC 02B.0242 (7)(a). It is our professional opinion that the disturbed areas within the Neuse Riparian Buffer will aggressively revegetate themselves next spring without any assistance from the Owner. This opinion is derived from and supported by the amount of live root mass remaining within the disturbed area, observation of seeds produced by mature trees and by the existing natural regeneration of trees on upland portions of the property that were timbered prior to the Owner's purchase of the property. Much of the disturbance consists of merely pushing the layer of forest litter and understory growth to the edge of the disturbed area. We anticipate that the natural regeneration that will occur next spring will provide a density of trees well in excess of the required 320 trees per acre and much more species diversity than the required two native hardwood species per 15A NCAC 02B .0242 (9)(d)(ii). Additionally, if the required density of trees is not naturally regenerated by winter 2003, 2004, the Owner proposes to supplement existing naturally regenerated trees with planted trees sufficient to meet this required density. However, if DWQ staff does not agree with this assessment or the proposed restoration plan, the Owner is willing to revegetate the disturbed area by planting trees sufficient to meet the required density for Neuse Riparian Buffer restoration. Please note that the channel and its adjacent buffer have already been returned to natural grade. Additionally, the entire disturbed area was stabilized with seed and mulch on October 22, 2002, the day after the meeting to discuss the DWQ Notice of Violation and Enforcement Action Recommendation. As a result of conversations with DWQ staff, the Owner anticipates that a fine will be levied upon him for unauthorized impacts to the contested Neuse Riparian Buffer. To address this anticipated fine, the Owner offers to donate 0.61 acres of land within the Covington Meadows Development to DWQ or its designee. The property proposed for donation is labeled as "Open Space" and is immediately south of lot 49 in the southeast corner of the site. The average sale price of lots within the subdivision is $70,000. The average lot size within the subdivision is 0.35 acres. Hence, the average unit price of land within the subdivision is $200,000 per acre. Using this calculated unit price of land within the subdivision, the value of the 0.61 acres offered to DWQ by the Owner is $122,000. Additionally, the Owner asks that DWQ staff recognize that one home lot was Page 2 of 3 417 voluntary lost by redesigning the cul-de-sac in the southeast corner of the site. This lot cannot be replaced and hence, represents a $70,000 reduction in capital to the Owner. The combined value of donated property and lost capital equates to a total of $192,000. This is nearly eight times the mitigation fee if the sanitary sewer is not allowed to remain in its current location and nearly 14 times the. mitigation fee if the sanitary sewer is allowed to remain in its current location. The Owner requests that this donation of property and loss of a home lot be considered by DWQ staff in lieu of imposing a monetary fine. It is our hope that this response to the meeting held to discuss the DWQ Notice of Violation and Enforcement Action Recommendation on October 21, 2002, will bring closure to the issues of DWQ permitting for this site. As displayed by recent remedial actions, the Owner would like nothing more than to work with DWQ to bring this site into full compliance. Please do not hesitate to contact Mr. Chris Majewski or me if you have any further questions, comments or concerns about any of these issues. Sincerely, 'I; Scott Mitchell, PE, LSS Environmental Engineer/Scientist cc: Majewski Enterprises, Inc. - Chris Majewski Mr. Steve Mitchell, DWQ Raleigh Regional Office Ms. Debbie Edwards, DWQ Raleigh Regional Office Page 3 of 3 1 0 O O Driveway C? 0 O O 0 ! i i 10-Foot Side _ Yard Setback 0-0 ?-o 0 5 Y ?-C7 U ?l CIO r l LJ I v G N Cn ?- O CZ 04- 0 0 O d U ?;?nc??aS pJ??, ops 40CA-M ISO -- r? -c i \ U o 0 I U ADM@AIJQ iL N I? I ?a r 0 0 i Qt ?. / f ?j SPAULDING & NORRIS, PA Civil Engineering & Planning November 6, 2002 NOV 6 Luw Mr. Kenneth Schuster Mr. Danny Smith Water Quality Regional Supervisor Environmental Specialist II Raleigh Regional Office NC Division of Water Quality Dept. of Environment & Natural Resources Wetlands/401 Unit 1628 Mail Service Center 2321 Crabtree Boulevard Raleigh, NC 27699-1628 Raleigh, NC 27604-2260 Re: Additional / Revised Information for Covington Meadows Subdivision - Wake County DWQ Project # 00-0816 S&N Project # 309-01 Dear Mr. Schuster, This letter is in response to the October 21, 2002, meeting to discuss the Covington Meadows Subdivision Notice of Violation and Enforcement Action Recommendation. During this meeting, DWQ staff requested that the contested Neuse Riparian Buffer adjacent to the proposed cul-de-sac off of Optimist Ridge Trail (southeast corner of site) be accounted for and included in materials submitted as part of the Revised PCN Application Package dated September 10, 2002 (submitted to DWQ on September 11, 2002). Attached is a revised "Wetlands and NRB Impact Analysis" (EX-1) that includes the contested Neuse Riparian Buffer. Please note that the cul-de-sac has been shifted to the south to accommodate a revised lot layout that is completely exclusive of the Neuse Riparian Buffer. This revised exhibit indicates an existing impact, a gravity sanitary sewer line that is currently installed. The Owner requests that this sanitary sewer impact be permitted as shown on the revised EX-1 since this involves no introduction of impervious surfaces to the Buffer. The proposed permanent Neuse Riparian Buffer impacts are quantified and labeled as "Impact Area #9". Proposed permanent Neuse Riparian Buffer impacts for the sanitary sewer, labeled as "Impact Area #9", total 5,577. ft2 (2, 035 ft2 in Zone 1; 3, 542 ft2 in Zone 2). With the exception of the previously permitted and existing road crossing labeled as "Impact Area #2", no impervious surfaces are proposed for installation within the Neuse Riparian Buffer. An additional exhibit (Existing Neuse Buffer Impact Evaluation, EX-2) is included with this response to indicate the extent of the existing temporary impacts to the contested Neuse Riparian Buffer. These impacts were created during the installation of the sanitary Phone: (919) 854-7990 • Fax: (919) 854-792Pa*gPJ2oTrAnity Road • Raleigh, North Carolina 27607 sewer line and preliminary clearing and grading for the cul-de-sac as indicated on the "Wetlands and NRB Impact Analysis" that was submitted on September 11, 2002. While the limits of the disturbance are clear, the total area of impact is difficult to quantify because several mature trees remain unharmed within the disturbed area. These mature trees include two Red Maples (dbh 6" and 22 "), one Willow Oak (dbh 10 ") and four White Oaks (dbh 10 ", 12 ", 17" and 20 ") as identified and located on the "Existing Neuse Buffer Impact Evaluation". Ignoring the contribution of these remaining mature hardwood trees, the total impact to the Neuse Riparian Buffer is 11,074 ft2 (6,116 ft in Zone 1; 4, 958 ft2 in Zone 2; Total Mitigation fee of $24,753.L). If the mature hardwood trees were accounted for, the true impact or functional loss of buffer would be considerably less. If DWQ staff allows the existing sanitary sewer to remain in its current location, the total buffer impact that would require revegetation (through natural regeneration or supplemental plantings) is 5,497 ft2 (4,081 ft2 in Zone 1; 1, 416 ft in Zone 2; Total Mitigation fee of $13,792.32). Mitigation fees are calculated per 15A NCAC 02B .0242 (7)(a). It is our professional opinion that the disturbed areas within the Neuse Riparian Buffer will aggressively revegetate themselves next spring without any assistance from the Owner. This opinion is derived from and supported by the amount of live root mass remaining within the disturbed area, observation of seeds produced by mature trees and by the existing natural regeneration of trees on upland portions of the property that were timbered prior to the Owner's purchase of the property. Much of the disturbance consists of merely pushing the layer of forest litter and understory growth to the edge of the disturbed area. We anticipate that the natural regeneration that will occur next spring will provide a density of trees well in excess of the required 320 trees per acre and much more species diversity than the required two native hardwood species per 15A NCAC 02B .0242 (9)(d)(ii). Additionally, if the required density of trees is not naturally regenerated by winter 2003, 2004, the Owner proposes to supplement existing naturally regenerated trees with planted trees sufficient to meet this required density. However, if DWQ staff does not agree with this assessment or the proposed restoration plan, the Owner is willing to revegetate the disturbed area by planting trees sufficient to meet the required density for Neuse Riparian Buffer restoration. Please note that the channel and its adjacent buffer have already been returned to natural grade. Additionally, the entire disturbed area was stabilized with seed and mulch on October 22, 2002, the day after the meeting to discuss the DWQ Notice of Violation and Enforcement Action Recommendation. As a result of conversations with DWQ staff, the Owner anticipates that a fine will be levied upon him for unauthorized impacts to the contested Neuse Riparian Buffer. To address this anticipated fine, the Owner offers to donate 0.61 acres of land within the Covington Meadows Development to DWQ or its designee. The property proposed for donation is labeled as "Open Space" and is immediately south of lot 49 in the southeast corner of the site. The average sale price of lots within the subdivision is $70,000. The average lot size within the subdivision is 0.35 acres. Hence, the average unit price of land within the subdivision is $200,000 per acre. Using this calculated unit price of land within the subdivision, the value of the 0.61 acres offered to DWQ by the Owner is $122,000. Additionally, the Owner asks that DWQ staff recognize that one home lot was Page 2 of 3 voluntary lost by redesigning the cul-de-sac in the southeast corner of the site. This lot cannot be replaced and hence, represents a $70,000 reduction in capital to the Owner. The combined value of donated property and lost capital equates to a total of $192,000. This is nearly eight times the mitigation fee if the sanitary sewer is not allowed to remain in its current location and nearly 14 times the mitigation fee if the sanitary sewer is allowed to remain in its current location. The Owner requests that this donation of property and loss of a home lot be considered by DWQ staff in lieu of imposing a monetary fine. It is our hope that this response to the meeting held to discuss the DWQ Notice of Violation and Enforcement Action Recommendation on October 21, 2002, will bring closure to the issues of DWQ permitting for this site. As displayed by recent remedial actions, the Owner would like nothing more than to work with DWQ to bring this site into full compliance. Please do not hesitate to contact Mr. Chris Majewski or me if you have any further questions, comments or concerns about any of these issues. Sincerely, 'I; Scott Mitchell, PE, LSS Environmental Engineer/Scientist cc: Majewski Enterprises, Inc. - Chris Majewski Mr. Steve Mitchell, DWQ Raleigh Regional Office Ms. Debbie Edwards, DWQ Raleigh Regional Office Page 3 of 3 SPAULDING & NORRIS. Civil Engineering & Planning October 7, 2002 Mr. Kenneth Schuster Water Quality Regional Supervisor Raleigh Regional Office Dept. of Environment & Natural Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Mr. Danny Smith Environmental Specialist II NC Division of Water Quality Wetlands/401 Unit 2321 Crabtree Boulevard Raleigh, NC 27604-2260 Re: Notice of Violation and Enforcement Action Recommendation for Covington Meadows Subdivision - Wake County DWQ Project # 00-0816 S&N Project # 309-01 Dear Mr. Schuster, This letter is in response to the Notice of Violation and Enforcement Action Recommendation for Covington Meadows Subdivision dated September 9, 2002. This Notice of Violation and Enforcement Action Recommendation was received by Mr. Chris Majewski, the Financially Responsible Party and an officer of Majewski Enterprises, Inc., on September 17, 2002. For clarity, significant issues are discussed in the order in which they appear in your letter. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "During the June 21, 2002, site visit the investigators took photographs, measurements and made observations of Neuse Riparian Zone impacts beyond that authorized in the June 23, 2002, 401 Water Quality Certification. Specifically, a road crossing, labeled as crossing #3 'in the PCN, was not perpendicular as depicted in the application. As such, this crossing impacted approximately 75 feet of streamside riparian buffer vegetation beyond what was indicated in the authorization." The road crossing labeled as crossing #3 is installed as indicated on the PCN Application prepared by Soil & Environmental Consultants, Inc. (S&EC) dated June 16, 2000, and approved by DWQ on June 23, 2000. Through no fault of the Owner, the stream and associated Neuse Buffer at this crossing was not accurately identified, located or presented in the June 16, 2000, PCN Application. However, as presented in the recently submitted "Additional Information for Covington Meadows Subdivision in the form of a Phone: (919) 854-7990 • Fax: (919) 854-792Pa*gP 2oJnity Road • Raleigh, North Carolina 27607 Revised Pre-Construction Application Package", dated September 10, 2002, and submitted to DWQ and the USACE on September 11, 2002, the Owner proposed to remove this crossing and all associated fill within the Neuse Buffer and revegetate this affected area before the Notice of Violation and Enforcement Action Recommendation was received. The Owner-is committed to performing this work immediately upon receiving approval for disturbance of this area from Wake County Erosion Flood and Stormwater Services, weather permitting. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "Also, an approximately 20 foot wide road crossing, not depicted in the 401 Water Quality Certification, was observed to cross the unnamed tributary to Middle Creek along the Northern edge of the tract. " As noted in the Revised Pre-Construction Application Package referenced above, the road crossing near the Northern edge of the property was apparently installed as a temporary access crossing during timbering activities on the property prior to Mr. Majewski's purchase of the property on August 5, 1999. The non-permitted installation of this road crossing was in no way the fault of the current Owner. The responsibility for permitting this crossing and removing it after it was no longer needed resides with the previous owner and/or the timbering company that actually installed the crossing. However, as proposed in the Revised PCN Application Package, the Owner offers to remove this road crossing and associated fill material and revegetate the buffer at his own cost. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "During the June 21, 2002, site visit, DWQ staff requested to review copies of the Sediment and Erosion Control Plan and General Stormwater Permit monitoring records. The Erosion and Sedimentation plan, logbooks or records were not provided to DWQ staff as they were not available. (It is noted that staff were informed by a telephone call from Spaulding and Norris that the Sedimentation and Erosion Control Plan was placed on site later that afternoon.) " The erosion control "Letter of Approval" issued by Wake County Erosion, Flood and Stormwater Services on August 25, 2000, states, "Attached is the General Stormwater NPDES Permit, NCGO1000, as revised July 1, 1995, covering your activity." In fact, the General Stormwater NPDES Permit was not attached to this "Letter of Approval". Mr. Dave Parnell agreed that he is not sure that a copy of the General Stormwater NPDES Permit was attached to the "Letter of Approval". Since this project is the first development project undertaken by the Owner, he had no prior experience to tell him that a copy of this Permit was missing or to make him aware of the requirements of the Permit. There was no reason for the Owner to believe that the "Letter of Approval" itself and the attached materials, absent of the General Stormwater NPDES Permit, did not Page 2 of 8 constitute the entirety of the requirements placed upon him. As documented by DWQ's statement above, the Owner immediately began to comply with the conditions of the General Stormwater NPDES Permit upon notification of its conditions by DWQ staff on June 21, 2002. Please note that the Owner began to comply with the conditions of the Permit one full month prior to ever receiving a copy of the Permit on July 22, 2002. Mr. Majewski never received a copy of the General Stormwater NPDES Permit until it was hand delivered to the site by DWQ staff on July 22; 2002. Since June 21, 2002, a copy of the current approved Sediment and Erosion Control Plan has been kept on site. In addition, the Owner's copy of the "Notice of Violation and Enforcement Action Recommendation" states that "an additional copy of this permit is attached with this correspondence." Just as with the August 25, 2000, Sedimentation and Erosion Control "Letter of Approval", there actually was no copy of the General Stormwater NPDES Permit attached. As requested, a copy of all weekly inspections, inspections subsequent to rain events greater than 0.5 inches, rain gauge data and inspection information that was recorded with respect to measures taken to clean up sediment that left the disturbed limits of the site is included with this letter. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "The review of the most recent PCN application (received by DWQ from Spaulding & Norris, PA on May 9, 2002, and placed on hold by DWQ on June 25, 2002 for Covington Meadows Subdivision) indicated that three stream features, which were previously depicted in the Optimist Farm submittal, were omitted from the Covington Meadows submittal, " The recently submitted Revised PCN Application Package, dated September 10, 2002, does indicate two of the stream features referred to in the above statement (streams impacted by crossing #1 and crossing #3). The third stream (stream impacted by crossing #2; located in the southeast corner of the site) is not included because it is an ephemeral channel. The ephemeral classification of this channel was field verified by the US Army Corps of Engineers on July 30, 2002. An attempt to receive a field verification from DWQ staff during the June 21, 2002, field visit produced no immediate ruling. Spaulding & Norris, PA, staff, accompanied by Mr. Danny Smith of the Central Office and Ms. Debbie Edwards of the Raleigh Regional Office of DWQ visited the stream in question on June 21, 2002, in search of field verification of the classification of this stream channel. After extensive hand augering and discussions in several locations within and around the stream channel and after an exhaustive investigation of the entire length of the channel, Mr. Smith and Ms. Edwards declined to make a ruling on this channel's classification or its inherent subjectivity to the Neuse Buffer Rules. When asked for their ruling on the channel's classification, Mr. Smith responded "I (Mr. Smith) am not here to do your job for you", implying that he and Ms. Edwards would rely on the stream classification determined by Spaulding & Norris, PA, and that, in their opinion, staff from Spaulding & Norris, PA, are completely competent to classify this channel. It is the professional opinion of staff from Spaulding & Norris, PA, that this channel is in fact ephemeral and hence does not require the maintenance of Neuse Buffers. This Page 3 of 8 classification was further confirmed using the "Internal Guidance Manual for NC Division of Water Quality Stream Classification Method". On July 3, 2002, Spaulding & Norris, PA, staff completed the "NCDWQ Stream Classification Form" for this channel. The resultant score for this channel was 12.5; 6.5 points less than the required 19 point minimum score for determining an intermittent channel. Per the "Internal Guidance Manual for NC Division of Water Quality Stream Classification Method", "The 19 point minimum score for determining an intermittent channel was based on the results of over 300 individual field trials conducted in the Piedmont and Coastal Plain portions of the Neuse River Basin during May, June, July and August of 1998, as well as field testing conducted during December 1998 and January 1999." This stream's classification as an ephemeral channel is further supported by the US Army Corps of Engineers, as evidenced by the signed wetland delineation map. Hence, this channel, which in our professional opinion is not jurisdictional, is not indicated on maps/exhibits in the "Revised PCN Application Package". Spaulding & Norris, PA, staff would like to discuss this particular issue further. The Owner is willing to consider additional conditions DWQ may suggest to rectify this particular issue. Please recognize that additional buffer is being preserved along the main channel on the property. This additional buffer supplies approximately 6.3 additional acres (approximately 2,800 linear feet) of forested buffer that will provide stormwater treatment in excess of that supplied by the typical 50-foot Neuse Riparian Buffers. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "Also, a review of the revised Erosion and Sedimentation Control Plan, dated May 6, 2002 indicated that these buffers were omitted from these plans as weld" A newly revised Erosion Control Plan, that correctly identifies Neuse Buffers on the site, was approved on August 27, 2002. The "Sedimentation & Erosion Control Letter of Approval", dated August 27, 2002, states "All Neuse River Riparian Buffers are apparently represented correctly as approved by DWQ." DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "During the June 21, 2002, and July 22, 2002 site visits a review of the Optimist Farm Road Subdivision, care of Central Carolina Homes was conducted by DWQ staff. Within the Certification issued on June 23, 2000, a requirement for Deed notifications was stipulated as follows: `Deed notification or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetlands and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).' Please provide this Office with copies of deeds for lots containing this notification. " Page 4 of 8 The Town of Cary Development Ordinance states that "No single family lots, created through a development plan, shall be platted into a riparian buffer as required by Chapter 14.1.4(m)." This requirement alone ensures that no lots will be platted into the riparian buffers on the site. The only proposed lot that will require this notification, lot 48, contains a small area of jurisdictional wetlands in its southwest corner. Currently; no lots have been platted for this subdivision. Hence, no Deeds are in existence for any proposed lots within this project. Since no Deeds are in existence for these proposed lots, it is impossible for this notification to have been placed on them. The Owner would like to assure DWQ that Lot 48 will have this notification placed on its Deed when platted. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "Wake County's site visit records, dated April 2, 3 and S, 2002, June 19, 2002, July 16, 17 and 22, 2002, and August 2, 7, 9 and 13, 2002, consistently report the same violations, insufficient measures to retain sediment on site and the failure to maintain erosion control measures." The only notice of violation ever received from Wake County Environmental Services is dated July 24, 2002. The Owner did not receive this notice until August 7, 2002, due to an incorrect address on the envelope. These violations should have been reported to the Owner or the Contractor when they were first observed. As Mr. Majewski has displayed through his recent remedial actions, these violations would have been addressed and corrected immediately upon notification. Since the Owner's receipt of this notice of violation, all outstanding issues with sedimentation and erosion control measures have been addressed and approved by Wake County. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "Please explain the following; 1) why were the Neuse River Buffers for the tract, with exception of the main channel, omitted from the current PCNApplication (received by DWQ on May 9, 2002), 2) why the buffers for the tract were initially included in the Sedimentation and Erosion Control Plan for Optimist Farm Road, and 3) why the Neuse Buffers were excluded from the plans during Covington Meadows Sedimentation and Erosion Control Plan approval?" The buffers for the tract were initially included in the Sedimentation and Erosion Control Plan for Optimist Farm Road Subdivision to reflect the delineation provided by S&EC. The reason these buffers did not appear on the Sedimentation and Erosion Control Plan approved for Covington Meadows Subdivision is unclear. We believe this accidental omission occurred as a result of confusion caused by the many plan revisions this project has been through over its three year history. As explained in the recently submitted revised PCN Application Package dated September 10, 2002, this project began in August of 1999 as a Wake County subdivision which required individual, on-site septic Page 5 of 8 systems for each lot. The original Sedimentation and-Erosion Control Plan that was approved on August 25, 2000, was representative of this scenario. On January 24, 2002, the Town of Cary reached an agreement with the Owner to provide water and sanitary sewer services for this project. In turn, the Owner was required by the Town of Cary Development Ordinances to maintain an undisturbed 100 foot buffer on each side of the main channel that bisects the property into eastern and western halves. This is the only channel on the property that requires these expanded buffers. We believe that the accidental omission of the remaining buffers occurred at the time the expanded Town of Cary Buffer was applied to the main channel. I cannot express strongly enough that this omission was purely accidental and was in no way intended as a means of intentional elimination of Neuse Buffers. This accidental omission of remaining Neuse Buffers on the Covington Meadows Sedimentation and Erosion Control Plan simply carried over onto the PCN Application Package that was submitted to DWQ on May 8, 2002. While we do regret that this accidental omission occurred, it was discovered during the PCN Application review process. The plans have been revised accordingly and should be considered a resolved issue. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation requests that the following items be addressed: 1. Please detail when the fill material will be removed from the Neuse Buffer Zone. This material should be placed in uplands, outside of the riparian zone and stabilized (Note. you may need to modify your Sedimentation and Erosion Control Plan to accommodate this work). Please indicate in your response a schedule with dates when detailing how this will be accomplished The fill material within the Neuse Buffer at crossing #3 will be removed within two weeks of obtaining approval of a revised Sedimentation and Erosion Control Plan from Wake County. This revised Sedimentation and Erosion Control Plan will identify the area of fill to be removed, as required by the Notice of Violation and Enforcement Action Recommendation. An acceptable stabilization method will also be designated for this location on the Sedimentation and Erosion Control Plan. Since the removal of this fill material is dependent upon receipt of approval of a revised Sedimentation and Erosion Control Plan, it is impossible to specify a date when this work will commence or be completed. 2. Please provide information regarding the deed notifications, a 401 Water Quality Certification condition, as described above. As mentioned earlier in this response, no lots have been platted for this subdivision at this time. Hence no deeds exist to allow for this notification to be placed on them. The Owner wishes to assure DWQ that this notification will be placed on the deed for Lot #48. Lot #48 is the only proposed lot that will require this notification. 3. Please provide information detailing your compliance with the Minimum Monitoring and Reporting Requirements as requested above. Page 6 of 8 The Owner has performed monitoring and reporting as required by conditions of the General Stormwater NPDES Permit since the first day he was verbally notified of these requirements on June 21, 2002, one full month before ever receiving a written copy of the Permit. Copies of monitoring data are attached-for your use. 4. You should clearly discuss your efforts to come into full compliance with the General Stormwater Permit. You should also detail the events that resulted in your non-compliance with the above mentioned permit conditions (A copy of this permit is attached). Through the Owners recent remedial actions, he has displayed nothing less than a full commitment to bring this site into compliance with all conditions of the General Stormwater NPDES Permit. A revised Sedimentation and Erosion Control Plan was submitted to Wake County` and subsequently approved on August 27, 2002. DWQ's statement above that a copy of the Permit is attached displays the core of the reason these violations occurred. A copy of the General Stormwater NPDES Permit was not attached to the Notice of Violation and Enforcement Action Recommendation. Twice, the Owner has received correspondences from regulatory agencies that stated that a copy of the General Stormwater NPDES Permit was attached when in fact it was not. The Owner, who had never seen this permit before, simply did not know that a copy of the permit was missing. As a result, he was not aware of its conditions. It is unreasonable to expect permit condition compliance from someone who had never been provided a copy of the permit. 5. Riparian Zone Planting Plan -It is required that a planting plan be developed such that, at least two native tree species be planted at a density sufficient to provide 320 trees per acre at maturity. This density can be achieved by planting approximately 436 (10 x 10 feet spacing) to 681(8 x 8 feet spacing) trees per acre. Please see the attached Guidelines for Riparian Buffer Restoration (January 2001) for assistance in developing your plan. Your plan must include the types of native woody vegetation selected, methodology of planting, and site map indicating the location of the plantings Spaulding & Norris, PA, will develop a planting plan for the area designated as crossing #3 that meets the requirements mentioned above. All of the information required by the statement above will be included in this plan. However, as with the General Stormwater NPDES Permit, a copy of the Guidelines for Riparian Buffer Restoration was not attached to the Notice of Violation and Enforcement Action Recommendation. A copy of this guide for use by Spaulding & Norris, PA, staff would be appreciated and will prove helpful when designing the planting plan. 6. With respect to the Sedimentation and Erosion Control Plan, a modification of this plan that accurately depicts riparian buffers is necessary. Please indicate in your response a schedule with dates when detailing how this will be Page 7 of 8 accomplished. You should also explain how you propose to prevent these problems from reoccurring with this project and with future projects. As mentioned earlier in this response, a revised Sedimentation and Erosion Control Plan that accurately depicts the Neuse,Buffers, with the exception of the contested feature in the southeast corner of the property, was approved by Wake County on August 27, 2002. The Owner admits that there have been compliance issues with this site, but asks that DWQ take into account that this is his first development project. The Owner also asks that DWQ recognize that as soon as problems have been pointed out to him, all have been addressed within a matter of days or even hours. This project has been a tremendous learning experience for the Owner. The knowledge and experience gained through problem identification and resolution on this site will not be forgotten in the future. The Owner has repeatedly expressed his desire to bring this site into full compliance with all regulatory conditions and to maintain this compliance for the remainder of this site's development. It is our hope that this response to the Notice of Violation and Enforcement Action Recommendation will bring closure to the issues of DWQ permitting, compliance with conditions of the General Stormwater NPDES Permit and/or sedimentation and erosion control violations for this site. As displayed by recent remedial actions, the Owner would like nothing more than to work with DWQ and Wake County to bring this site into full compliance. Please do not hesitate to contact Mr. Chris Majewski or me if you have any further questions, comments or concerns about any of these issues. Sincerely, Scott Mitchell, PE, LSS Environmental Engineer/Scientist cc. Majewski Enterprises, Inc. - Chris Majewski Wake County Erosion, Flood and Stormwater Services - Dave Parnell Attachments: Exhibits (maps) Inspection Reports, Rain Gauge Data, Other Inspection Data August 27, 2002, Approved Erosion Control Plan Page 8 of 8 GF.d_FF*C SCALE 1 n 400! 400 800 CROSS WEETLAn0 r g? 8 i t ?.TyI -z isc ! r.TL a! 3fY i.FN 4 uca ntu saa PW=f as Sw:Z i:tVt t??!1l er1.1~ d CCi4:2tlftwi?'_ C. a [ xt= amx!t:waTM byre r : t'-- %w*?- ? \4W\0P!IVST!i?!?514^!E i ,iir2'Ama M & w'1?6i??wS?'.w - - - ! . Iri!" f - log !MPACT LINEAR FEET AREA (W) # AREA (AO.) ! ! 2 ! ! ?i STREAM ?i 63 I 136 { !D.0103 AC. - { A?WETLAND 2139 I N t ! ,,• °? . TOTAL 0.02 AC. ; ! { ! ! 4 f i? .% 3 4N luiVW tl51(•tt{t M!!'/%ttS I S ? r t • ! !? .°? i ZONE { AREA (W) { AREA (AC-) 1 1 t 409 t 0.094 1 i I P 2 12 10 0.026 M - 0 oom- .1'r , , TOTAL ! l-.Aoop- I Jls.?.f ? FCF?if1 ? ?--? J •. / I I a?i14 ? l /Y ! / ; ? ? ?/ / / j? ] 6 V.\L it 2 BUFFER' t/Ir/X. l i • ? sew ii 1 ' ? ZONE S BUFFER iy9PACTI J / i / / Y , sass WETLAND IMPACT • ? r ' o 1 to ? a/ i GRAPHIC SCALE : 1 ° 0 40 f ;!. .? .?.?... ? 1. ? i VWX Now . _ 4 %Imp ? ? ? ? ! i t I ' i acx_l may ME nV= I.".aQ=kAW- a 94Vt7+itttCit?4S??? c'o ?:?t t_,c, e.; */yaa w Wa?wa. SST FAW #4W ipPA6T nvir. w?a *W" - i awd wiw? t 3 rte' AND NP ACM IWPACT LINEAR FEET j AREA (F!'') AREA (A ,A STREAM I S3 63 ? 0.0011 AC. TOTAL L.04 I AC. WAR". Bi F1 69 A...a. I Z'JiwEI 'Ap{-,,n `ra% nr• `• 1' ! rt 2_ r nrtcn rC. J .[jJ 4010 ! 3 1 00-0 0.025 fs ru?P: , ait7 :C. i ! I l `tee-??? /? 1 113 l , g i?7"7-Y J ? i ?l?I,a AWN g ago t Y/ v 41p = ? In= LMEW f i I ZONE 2 BUFFER IMPA `f I ' &ONE I BUFFER IMPACT f i 3 GRF•_rrilC SCALE ? •; ? I _ i n 40 fr_ i; mpg I ? ? I i ? I ! i ^ i i r r3 ECT OWW M iiFLL iidif a?ner r..LL ~? ?, s$ ? nc2 ? 37vavi t l I!' t ^ f t * ur + ? . . S v?snmc ss ¦Lii t ii w ?sva> w uu • uva...aw ....?v..+.+•... i43i ? xxal S? eut - m =`, gT FAW RMD itlFACI KAP - w ? , %off =W2 mWip-MAOL" 0 r w a Y31?- ¦ i i ¦ ;° E f { - '_PA1 i IAI dA AREA (F-72) AREA (AC.) i CULVERT 20 40 0.001 AC. I RIP-RAF 15 30 0.001 AC. : TOL46 0.002 AC. t I I NIPMM Burt IMPACM : ZONE AREA (FT2) AREA (AC.) 1 1204 0.Q2E ' 2 A04 0.016 ? I t _ TOTAL 4.046 AC. LEGEND ` t 70.iE -2 BLI F€R IMPACT ? f t ZONE 1 SUFFER WRACT ZONE z zzz. g oft GRAPHIC Still' F 40 80 f J i met stp-r - ? € Li iu7i. In a i3itc ' Soil Ty?R ? 'iT7?iP.rii?t 1m B r'z ? - WANSY :AFA! AW UPAC7 yt7 - BMW is •??a?g•?y 2 a' Nab C CD b CD COD CD p ?o r* G.. d C O b rr U00iNf00 Jl ?? ? V N Ewa f? W ? ? o N V ? Mai ewski Enterprises Inc. Mr. John Dorney NC Division of Water Quality n , Mr. John Dorney 2321 Crabtree Boulevard Suite 250 Raleigh N.C. 27604 February 20, 2003 Dear Mr. Dorney: I am currently working on a project on Optimist Farm Rd. known Meadows. I have obtained all the necessary permits from the DW Q ll ?? as Covington Q and I am in the process of fulfilling the obligations of the 401 permit IT 00-0816 project IT 020717. The scope of the work consisted of widening Optimist Farm Road for the subdivision and extending a culvert that went under Optimist Farm Road to accommodate the widening. There is an existing head wall on the upstream side of the culvert that we had planned to attach our pipe extension to. However, after inspection by the Department of Transportation of the existing pipe they have determined that the current pipe is in such disrepair the only option they are willing to except is to replace the pipe. The N.C. D.O.T. will not allow me to proceed with the widening unless I replace the entire section of pipe, and the Town of Cary will not accept the subdivision without the widening complete. I have been successful in getting assurances from both the D.O T and the town, that they will provide some material resources, traffic control, etc. in order to start and complete the project as fast as possible. I am notifying your office of this work because of the stream that the existing culvert is in. After conversations with my soil scientist and with Steve Mitchell I have been advised that the culvert replacement would be considered an exempt activity because of its existing use. We would merely be removing and replacing an existing pipe with the same pipe in the same location and improving the current condition of the stream. I hope my assumptions are correct. I have scheduled the work to begin on Monday March P 2003. If there are any additional requirements I am overlooking please notify me before this date, otherwise I will assume there are none and will proceed with the work. I appreciate your time and consideration in this matter. I would also like to thank you and your staff for continuing to work with me to complete this complex project. Sincerely Chris Majewski (919) 427-2397 SPAULDING & WgRIS, PA September 10, 2002 Civil Engineering & Ms. Amanda Jones US Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 inning SEP I 20n Mr. John Dorney NC Division of Water uali Y - Central Office 2321 Crabtree Boulevard?--- Suite 250 Raleigh, NC 27604-2260 Re: Additional Information for Covington Meadows Subdivision in form of Revised Pre-Construction Notification Application Package - Cary, Wake County Dear Mrs. Jones and Mr. Domey, Attached is the revised, completed PCN Application Form for the Covington Meadows Subdivision. This revised PCN Application Package is submitted in response to your "Incomplete Application Notification" (USACE, July 30, 2002), "Request for Additional Information" (NCDWQ, June 25, 2002) and in light of additional information received by and created by Spaulding & Norris, PA, since the most recent PCN Application package for this project was submitted on April 26, 2002. Copies of all correspondences mentioned in this letter are included with this PCN Application Package. The Covington Meadows site is owned by Majewski Enterprises, Inc. The Owner of the property plans to develop it into the subdivision mentioned above according to the attached "Wetland & Neuse River Buffer Impact Analysis". Impacts on the site are results of the proposed widening of Optimist Farm Road, which includes the extension of the existing CMP culvert, proposed installation of new sanitary sewer mains that will provide sewer services to the proposed development and two road crossings (one existing, one proposed that will provide access to the northern portions of the property. No additional impacts are proposed for this site, however intentions of adjacent landowners are unknown. Project History * Soil & Environmental Consultants submitted the original PCN Application Package for this project on June 16, 2000. On June 23, 2000, the NCDWQ issued their "Approval of 401 Water Quality Certification and Neuse Buffer Rules with Conditions" for impacts proposed in the June 16, 2000 PCN Application. On August 2, 2000, the USACE issued their "General Permit (Regional and Nationwide) Verification" for impacts proposed in the June 16, 2000 PCN Application. Impacts that were permitted through these actions included fill of 0.049 acres of wetlands, 161 linear feet of streams and disturbance of 0.285 acres of Neuse Buffers associated with these streams (0.214 acres in Zone 1; 0.071 acres in Zone 2). No mitigation was required for any of these permitted impacts. At the time S&EC submitted the original PCN Application for this project, the project was designed as a Wake County subdivision with a community well. Each lot was intended to have its own individual septic system. For this reason, there were fewer, but larger lots as compared to the current site plan. Additionally, there were no lots in the northwest corner of the site due to the lack of soils suitable for septic systems in this area. On January 24, 2002, the Owner reached an Phone: (919) 854-7990 * Fax: (919) 854-7925 * 972 Trinity Road • Raleigh, North Carolina 27607 agreement with The Town of Cary to serve the project with Town water and sanitary sewer services. This agreement with The Town of Cary allowed the Owner to serve more lots than was originally planned. r As part of the Developer's Agreement, The Town of Cary has required the Owner to widen Optimist Farm Road. Additionally, since the proposed subdivision will now be served by The Town of Cary's gravity sanitary sewer system, a temporary wetland impact and a stream and Neuse Buffer crossing is required. The location of this sanitary sewer crossing was largely determined by the combination of site topography and The Town of Cary's required 50-foot Streetscape Buffer. This proposed road widening and gravity sanitary sewer installation will cause wetland, stream and Neuse Buffer impacts in excess of those presented and permitted in 2000. On May 8, 2002, Spaulding & Norris, PA, submitted the second PCN Application Package for this project, reflecting the additional impacts mentioned above. After this Application was submitted, it became apparent that additional information was needed for accurate preparation, evaluation and processing of the Application. Since this time, staff from Spaulding & Norris, PA, have completed a detailed delineation of all streams and wetlands that will potentially be impacted by the proposed development. On-site concurrence meetings were held with staff from both the USACE and the NCDWQ to confirm the delineation reflected on the attached "Wetlands Delineation Map". The attached "Wetland & Neuse River Buffer Impact Analysis" indicates all proposed impacts and all existing, permitted impacts. Town of Cary ordinance 14.6.3 (a) requires a 100-foot buffer on each side of blue-line streams that appear on the appropriate USGS Quadrangle map(s). Hence, the perennial channel that bisects the property has 100-foot buffers applied to it, as indicated on the "Wetland & Neuse River Buffer Impact Analysis". The two remaining subject channels have 50-foot Neuse Buffers applied to them as required by 15A NCAC 02B .0233 (3). According to the Wake County Soil Survey, three additional channels are present on this property. However, each of these mapped features were classified as ephemeral channels or were simply found to be non-existent during a NCDWQ on-site concurrence meeting on June 21, 2002. Per Town of Cary ordinance 14.6.3 (e), all lots in this subdivision are located outside of the jurisdictional stream buffers. Project History Timeline August 5, 1999 Majewski Enterprises, Inc. Purchased Property June 16, 2000 Original PCN Application submitted by S&EC. June 23, 2000 Approval of 401 Water Quality Certification and Neuse Buffer Rules with Conditions issued by the NCDWQ. August 2, 2000 General Permit (Regional and Nationwide) Verification issued by the USAGE. January 24, 2002 Execution of Town of Cary Annexation Agreement. May 2, 2002 S&N received from the USACE, copy of original PCN Application filed by S&EC on June 16, 2000. May 8, 2002 Current PCN Application submitted by Spaulding & Norris, PA May 29, 2002 S&N sends letter to Mr. Steve Mitchell requesting On-Site Neuse Buffer Concurrence Meeting. June 21, 2002 On-Site Concurrence Meeting with NCDWQ (Mr. Danny Smith & Ms. Debbie Edwards). June 25, 2002 Request for Additional Information from NCDWQ. June 25, 2002 On-Site Concurrence Meeting with USACE (Mrs. Amanda Jones). July 3, 2002 S&N completed Wetlands and Neuse Buffer Delineation. July 30, 2002 2nd On-Site Concurrence Meeting with USACE (Mrs. Amanda Jones). July 30, 2002 Incomplete Application Notification from USACE. August 30, 2002 Notification of Jurisdictional Determination issued by the USACE. Summary of Existing and Proposed Impacts There are seven locations where impacts to wetlands, streams and/or Neuse Buffers exist or are proposed for this project. As mentioned above, these existing and proposed impacts on the site are results of the proposed widening of Optimist Farm Road, which includes the extension of the existing CMP culvert, proposed installation of new sanitary sewer mains that will provide sewer services to the proposed development and two road crossings that will provide access to the northern portions of the property. One location that was identified as having stream and Neuse Buffer impacts in the June 16, 2000, PCN Application submittal by S&EC is incorrect. This location is indicated as "Crossing 2" on the June 2000, "Optimist Farm Road Impact Map". On-site concurrence meetings with the USACE and the NCDWQ confirm that this location contains no jurisdictional wetland or stream and hence, no associated Neuse Buffers. Since activities in this location actually required no 401, 404 or Neuse Buffer Permits, permitted impacts for this location are not included in the summary of total impacts for the site. The remaining two stream crossings that were appropriately permitted as a result of the June 16, 2000, PCN Application submittal have been constructed for some time. These impacts, identified as "Crossing 1" and "Crossing 3" in the June 16, 2000, PCN Application account for a total of 0.049 acres of wetland impacts, 98 linear feet of permanent stream impacts and 7,308 square feet of Neuse Buffer impacts. The current site plan is indicated on the "Wetland & Neuse River Buffer Impact Analysis". The Owner proposes to remove the existing permitted crossing identified as "Crossing 3" in the June 16, 2000, PCN Application (Impact #3 this Revised PCNApplication) in order to construct the crossing identified as Impact #4 on the "Wetland & Neuse River Buffer Impact Analysis". However, proposed Crossing #4 is for an NCDOT paved subdivision road, where existing Crossing #3 is for a simple, unpaved access path to the now abandoned community well site. Hence, proposed impacts for Crossing #4 are greater than existing, permitted impacts for Crossing #3. The Owner proposes to remove existing Crossing #3, restore the channel in this location to its natural cross-section, reestablish the associated Neuse Buffers and apply this permitted amount of impacts to proposed Crossing #4, per conversations with Mrs. Amanda Jones. As previously mentioned, additional impacts that are proposed for this site per the current site plan include the widening of Optimist Farm Road (Impact #S), installation of a gravity sanitary sewer line (Impacts #6 & #7) near Optimist Farm Road and a gravity sanitary sewer line on Lot 12 (Impact 98). While none of the proposed impacts have been installed, mature forest vegetation within the proposed sanitary sewer easement (Impacts #6 & #7) was ground in place several weeks ago. No soil disturbance has taken place at this location. Also, the proposed road crossing identified as Impact #4 has been cleared and grubbed. However, no grading has taken place at this location and no culverts have been installed. Erosion control measures have been installed at this location to prevent erosion and downstream sedimentation. These non-permitted impacts happened as a result of a communication mishap between the Owner and the Contractor. All activities in these areas of non-permitted impacts have been ceased, except for appropriate and necessary erosion control practices. The affected sanitary sewer easement is stabilized by the mulch that was created from the in-place shredding of the forest vegetation. The main channel that bisects the property into east and west halves has an existing culvert crossing near the northern property line. This culvert crossing was installed during timbering operations that took place prior to the current Owner's purchase of the property on August 5, 1999. Hence, this impact to the stream and associated Neuse Buffers is not included in the summary of proposed and existing impacts for the site. Even though this impact existed when the current Owner purchased the property, the Owner plans to remove this culvert and return this section of channel to its normal cross-section. The Owner understands that this culvert was placed in the channel as a temporary access measure during the timbering activities and recognizes that the stream and its inhabitants would benefit and act more naturally if this culvert were removed. Total Project Impacts (Existing & Proposed Does Not Include Impacts To Be Removed (Impact Area #3) and Activities That Did Not Require Permits (Impact Area #2) Existing Proposed Total Wetlands (acres) Permanent 0.049 0.0 0.049 Temporary 0.0 0.036 0.036 Streams (linear eet Permanent 63 86 149 Temporary 0 64 64 Neuse River Buffers tz Zone 1 - Permanent 4,090 9,330 13,420 Zone 2 - Permanent 1,210 7,134 8,344 Zone 1 - Temporary 0 1,966 1,966 Zone 2 - Temporary 0 1,251 1,251 Thank you in advance for your time spent reviewing this permit application and conducting site visits with us in an effort to resolve outstanding permitting issues for this project. Please do not hesitate to contact me if you have questions, comments or concerns about any portion of this application. Sincerely, Scott Mitchell, PE, LSS Cc: Mr. Chris Majewski, Majewski Enterprises, Inc. Mr. Roy Conoly, Spaulding & Norris, PA Majewski Enterprises Incorporated 2828 Brenfield Drive, Raleigh N.C. 27606 Mr. John Dorney NC Division of Water Quality Central Office 2321 Crabtree Boulevard Raleigh NC 27604 Re: Covington Meadows September 10, 2002 Dear Mr. Dorney, As the owner, developer, and member of the future building team for Covington Meadows I thought it appropriate to introduce myself and express my strong level of commitment to this project. Scott Mitchell has briefly explained some of the hurdles this project has incurred as well as the time it has consumed. We have endured several changes from a simple county neighborhood to a denser Town of Cary neighborhood. I certainly would be half built out by now had it stayed a county neighborhood. However, with Cary desiring to annex this area, we had to start over. This meant new plans that had to go to Wake county and Cary for approval. While this took place no work continued at the site. After approval from both the town and the county we contracted with J.F. Wilkerson to install the water sewer and final grade. They have been an exemplary contractor. However, the Town of Cary's design included several cuts of up to 27ft. depths. We have had to move, maintain and restore close to 30,000 yards of dirt. This has all been done in a controlled manner and extremely quick, thanks in part to the dry weather. This project has been trying since the beginning; fortunately we have finally gotten through the majority of the intricate work and are working towards a quick completion. I am requesting any assistance your office can extend to help complete this project and restore any impacts we incur to meet or exceed the DWQ's standards. My time and resources are committed to maintaining compliance and finishing this project. I am at the DWQ's disposal to discuss any requirements of this project either on site or at your offices. I appreciate your time and look forward to working together for our common goal. I am including my address as well as my work and home number should the need arise to contact me. Thanks again. Sincerel , w Chris Majewski Work 919-427-2397 Home 919-852-5660 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit # 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: Majewski Enterprises, Inc. Mailing Address: 2828 Brenfield Drive Raleigh, NC 27606 Telephone Number: 919-852-5661 Fax Number: 919-854-2932 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: Scott Mitchell Company Affiliation: Spaulding & Norris, PA Mailing Address: 972 Trinity Road Raleigh, NC 27607 Telephone Number: 919-854-7990 Fax Number: 919-854-7925 E-mail Address: scott@spauldingnorris.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Covington Meadows 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0679.01-47-2452, 0679.01-47-4705, 0679.01-37-9837, 0679.01-38-9346, 0679.01-48-3282 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): Covington Meadows Directions to site (include road numbers, landmarks, etc.): From intersection of Sunset Lake Road and Optimist Farm Road, travel east on Optimist Farm Road approximately 2.5 miles. Site is on north side of Optimist Farm Road, approx. 0.3 miles past West Lake Road. 5. Site coordinates, if available (UTM or Lat/Long): (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): 53 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Middle Creek 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 majority of the site is covered by forest vegetation. Some roads have been rough Graded according to USACE and DM permits issued in 2000. The majority of the site is surrounded by low-density residential, remainder is forest. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project will create a residential subdivision on this site. Required infrastructure includes the installation of new roads, storm and sanitary sewer systems and water systems necessary for a residential development. Equipment that may be used on this project includes, but is not limited to track-hoe excavators, bull-dozers front-end loaders 11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide infrastructure to support a residential subdivision of single-family homes on this site. 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. Please see attached cover letter for explanation of prior project history for this site. 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. The Town of Cary and/or the NCDOT may require that existing power poles along Optimist Farm Road be moved further north of the proposed widening of Optimist Farm Road. At this point in time, it is unknown where these poles would be relocated to and whether this move would require further impacts to Neuse Buffers than represented 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 and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: road crossings of streams with Neuse Buffers, one road widening a Neuse Buffer, one sanitary sewer crossing that will temporarily Buffer as well as temporarily impacting a wetland and one & impact portions of Zone 2 of the Neuse Buffer. 2. Individually list wetland impacts below: Proposed impacts include two J that will impact a stream with i impact a stream with a Neuse mitary sewer easement that will Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 (Permitted) Road Crossing 0.049 No 0 Forested 7 (Proposed - Temp) San. Sewer 0.036 No 60 Forested * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://wwNv.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, 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: 2 acres Total area of wetland impact proposed: .085 acres - .049 acres Perm. and .036 acres Temp. 3. Individually list all intermittent and perennial stream imp acts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci ) 1 (Permitted) Road Crossing 63 UT to Middle Creek 4 feet Intermittent 4 (Proposed - Perm) Road Crossing 61 UT to Middle Creek 3 feet Intermittent 4 (Proposed-Temp) Road Crossing 24 UT to Middle Creek 3 feet Intermittent 5 (Proposed - Perm) Road Widening 25 UT to Middle Creek 11 feet Perennial 5 (proposed - Temp) Road Widening 15 UT to Middle Creek 11 feet Perennial 6 (Proposed- Temp) San. Sewer 25 UT to Middle Creek 11 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site:_ 213 if Total (149 If Permanent and 641f Temporary) Page 8 of 12 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.) None * 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.): Size of watershed draining to pond: Expected pond surface area: 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. Proposed impacts are unavoidable due to vroverty configuration and stream / Neuse Buffer locations. Both stream / Neuse Buffer crossings are as close to perpendicular as is practical. Road widening impacts on Optimist Farm Road are required by the Town of Cary. Location of the proposed sanitary sewer is dictated by site topography and crosses stream near perpendicular. 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. Page 9 of 12 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. No mitigation is proposed for proposed impacts. 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 information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.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): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 Page 10 of 12 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: 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* snImpact are feet) Multiplier Required Mitigation c 1 13,420 (Perth) 3 None 2 8,344 (Perm) 1.5 None Total 21,764 (Perm) None Zone 1 extends out 3U feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 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. Mitigation is not required for proposed impacts. 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. Currently, no impervious acreage exists on the site except for dirt or gravel vehicular paths. Level spreaders will be constructed at the outlets of all stormwater pipe discharges to establish sheet flow prior to entry into Neuse Buffers. Approximately 3.0 acres of impervious surfaces will be constructed on this site, exclusive of proposed homes, driveways, patios, etc. 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. Wastewater Generated at this site will be collected by the Town of Cary sanitary sewer system and subsequently treated and released at the Cary WWTP. XHL 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). Page 12 of 12 Appucant/Agent - s signature gate (Agent's signature is valid only if an authorization letter from the applicant is provided.) U.S. ARMY CORPS OF ENGINEERS copy Wilmington District Action ID: 200221019-1020 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Authorized Owner Majewski Enterprises, Inc. AgentSnaulding & Norris, P.A. Attn: Chris Majewski Attn: Scott Mitchell Address 2828 Brenfield Drive Address 972 Trinity Road Raleigh, NC 27606 Raleigh, NC 27607 Telephone Number Telephone Number 919-854-7990 Size and Location of Property (waterbody, Highway name/number, town, etc.): The proposed Covington Meadows subdivision is located on the north side of Optimist Farm Road (SR 1390), approximately 1600 feet west of its intersection with Bells Lake Road (SR 1386), in Holly Springs, Wake County, North Carolina. Only the proposed impact areas were evaluated. Basis for Determination: The site contains wetlands and stream channels with indicators of ordinary high water marks, located adjacent to an unnamed tributary of Middle Creek, in the Neuse River Basin. Indicate Which of the Following Apply: There are wetlands on the above described property which we strongly suggest should be surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. 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 Project Manager Signature I ?.rAAALltn< Date August 30, 2002 ion Date August 20, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221019 & 200221020 County: Wake Incomplete Application Notification Property Owner Majewski Enterprises, Inc. Attn: Chris Majewski Address 2828 Brenfield Drive Raleigh, NC 27606 Telephone Number Authorized Agent Spaulding & Norris, PA Attn: Scott Mitchell Address 972 Trinity Road Raleigh, NC 27607 Telephone Number 919-854-7990 Location/Description of Proposed Activity: The development of a proposed residential subdivision known as Covington Meadows, located on the north side of Optimist Farm Road (SR 1390), approximately 1600 feet west of its intersection with Bells Lake Road (SR 1386), in Holly Springs, Wake County, North Carolina. Type of Permit Applied For (check one): IP ( ) NWP ( X ) GP ( ) Applicable law: Section 404 of the Clean Water Act ( X ); Section 10, Rivers and Harbor Act YOUR APPLICATION/PRECONSTRUCTION NOTIFICATION IS INCOMPLETE AND CANNOT BE EVALUATED UNTIL THE FOLLOWING INFORMATION IS RECEIVED (CHECK ALL THAT APPLY): Your application/pre-construction notification form has not been completed and/or signed. (see remarks) Under the conditions of Nationwide Permit # , you are required to submit an aquatic resource mitigation plan. The required plan is either insufficient or has not been included with your notification (see remarks). Your application/pre-construction notification did not include information describing measures you have implemented to avoid and minimize losses of Waters of the United States. Your submitted project plans or maps were insufficient, too large, or not legible (see remarks) X Your application/pre-construction notification did not include a delineation of affected special aquatic sites, including wetlands, vegetated shallows, and riffle and pool complexes as required. You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your prope.,cd work is in a designated trout water county (see remarks section below for the address of your WRC representative) Other (see remarks below) REMARKS: Attached plans submitted propose lots in wetlands that were identified in a previous application and subsequent authorization but were not identified as such in the current application. The current application only addresses road widening and sewer line impacts and does not specifically address impacts associated with lot development. Please provide a wetland delineation for all affected special aquatic sites and submit a request for NWP 39 authorization if any lot fill is proposed in wetland areas. Please be advised that I have been working with your agent since June 3, 2002 to resolve these issues and that your application has been considered incomplete since that date. Date: 7/30/02 Corps Regulatory Official: Telephone No.: 919-846-8441 x.30 U ? CERTIFIED MAIL: Return Receipt Requested v -? Chris Majewski Covington Meadows Subdivision Masewski Enterprises, Inc. 2828 Brenfield Drive Raleigh, NC 27606 June 25, 2002 SUBJECT: Pre-construction Notification (DWQ 020717) REQUEST FOR ADDITIONAL INFORMATION Site Visit Results Covington Meadows Subdivision Wake County Dear Mr. Conoly: The Division of Water Quality has r3viewed your Pre-construction Notification Application for the discharge of fill material into approximately 65 linear feet of streams. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to. move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. We are requesting (by copy of this letter) that the U. S. Army Corps of Engineers place your project on administrative hold. Further, during a site visit on June 21, 2002, conducted by Mr. Danny Smith of the Central Office and Ms. Debbie Edwards of the Raleigh Regional Office of the Division of Water Quality, it was noted that impacts have occurred to the riparian buffers. It was also observed that all of the riparian buffers present on the tract and proposed for impact were not indicated in the application. Please resubmit your application. This new application should depicte all of the buffers, all of the present day buffer impacts, and all of the proposed buffer impacts. Please note, the Raleigh Regional Office is currently preparing additional correspondence regarding the above mentioned site visit. If you have any questions regarding this matter, please contact Mr. Danny Smith of the Central 401 /Wetlands Unit Office at (919) 733-9716 or me at (919) 733-9646. ,i Dorney // rvisor, 40?.lV lands Unit JRD/sds/cbk cc: Amanda Jones, USACE Raleigh Regulatory Field Office Cyndi Karoly, Central 401AMetlands Unit Danny Smith, Central 401/Wetlands Unit RRO - Debbie Edwards Roy Conoly, Spaulding & Norris, 972 Trinity Road, Raleigh, NC, 27607 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality iPA t? Ef?R Customer Service 1 800 623-7748 Civil Engineering & Planning May 29, 2002 Mr. Steve Mitchell Water Quality Section Raleigh Regional Office Dept. of Environment & Natural Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Covington Meadows - Neuse Buffer Concurrence Dear Steve, On June 23, 2000, Central Carolina Homes received approval of 401 Water Quality Certification and Neuse Buffer Rules with Conditions (DWQ Project # 000816) for three proposed road crossings in the proposed Covington Meadows subdivision in Cary, NC. The application for these permitted impacts was submitted by S&EC. We recently submitted a PCN Application for two additional stream and Neuse Buffer impacts on this site (one sanitary sewer crossing and widening of Optimist Farm Road). Additionally, before submitting a Certification of Completion to the USACE for previously permitted and constructed impacts, the owner requested that we review existing construction for concurrence with the Nationwide Permit and General Certification that was issued for this site prior to our recent application submittal. We are in agreement that all permitted impacts were installed as permitted. However, it is our opinion that one of the channels that was ruled subject to the Neuse Buffer Rules is in fact an ephemeral channel and therefore, impacts to this channel and its buffers should not have been included in the cumulative impacts for this site. According to our research, this channel was not disputed by S&EC during their delineation and permitting for impacts on this site. Accordingly, your letter to S&EC dated April 10, 2000, (NBRRO 00-068) indicates that you did not investigate this channel during your site visit since it was not being contested by S&EC. We disagree with S&EC's assessment of this channel and we would like to receive your interpretation of its classification and a statement of subjectivity to the Neuse Buffer Rules. The channel in question appears only on the Wake County Soil Survey Map and is located in the southeast corner of the site. The site is located near the intersection of Optimist Farm Road and Bells Lake Road, just northeast of Holly Springs. The site is easily accessible from Optimist Farm Road. I estimate that you will require approximately thirty minutes to evaluate the site due to the length and access. I would Phone: (919) 854-7990 ? Fax: (919) 854-7925 •972 Trinity Road ? Raleigh, North Carolina 27607 like to meet you at the Exxon gas station on the corner of Holly Springs Road and Sunset Lake Road as indicated on the map. Thank you in advance for your time on this concurrence. Please do not hesitate to contact me if you have any questions, comments or concerns about this site. Sincerely, /*-Z:? Scott Mitchell Cc: Mr. Roy Conoly, Spaulding & Norris, PA SPAULDING & NORRIS. PA Civil Engineering & Planning AGENT AUTHORIZATION FORM ALL BLANKS TO BE FILLED IN BY CURRENT LANDOWNER Name: MAJEWSKI E'NT'ERPRISES M4C Address: 2823 BR6NFIELO i QtvC RA_ L K0fZT -1 CAQOLAIA C 7(a0(,P Phone: Project Name/Description: CoywGTON MCAaow-, SUBD04'siON A Cuas; n MM UNZ(Y Date: A P u- Z90 Z002. The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 Attn: AMAUDA JoNvs Field Office: RAwicitA R6GyA-A-roP-x FtE't0 OFFiCC Re: Wetlands Related Consulting & Permitting To Whom It May Concern: I, the current property owner, hereby designate and authorize Spaulding & Norris, P.A., to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 2(" day of kv&,L. ZooZ This notification supercedes any previous correspondence concerning the agent for this project. PRINT Owner's Name Cc: Mr. John Dorney NCDENR - Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 PROPERTY Owner's S' ature Phone: (919) 854-7990 * Fax: (919) 854-7925 •972 Trinity Road • Raleigh, North Carolina 27607 U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200021209 County: Wake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Central Carolina Homes Inc Attn: Chris Majewski Address 2832 Brentfield Drive Raleigh NC 27606 Telephone Number 919-852-5661 Authorized Agent Soil & Environmental Consultants Inc. Attn: Peter Jelenevskv 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 approximately 56 acres in size and is located on the north side of Optimist Farm Road (SR 1390), approximately 1600 feet west of Bell Lake Road (SR 1386), south of Raleigh, Wake County, North Carolina. The property is located adjacent to an unnamed tributary of Middle Creek, above headwaters, in the Neuse River Basin. Descrivtion of Activity: This permit authorizes mechanized landclearing, excavation, the installation of culverts, and the placement of fill associated with the construction of three road crossings at the Optimist Ridge Trail subdivision. Impacts to wetlands and waters authorized by this permit total 0.049 acre (161 linear feet of stream channel). Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 39 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, extension 26 _?919) 876 _-8441 please contact Tadd Tugwe11 _at telephone number Regulatory Project Manager Signature Date August 2 2000 _ Expiration Date August 2 2002 BE ATTACHED SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION ED FORM, AVAILABLE. TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 23, 2000 Wake County DWQ Project # 000816 APPROVAL of 401 Water Quality Certification and Neuse Buffer Rules with Conditions Central Carolina Homes, Inc c/o Chris Majewsld 2832 Brentfield Drive Raleigh, NC 27606 Dear Sirs: You have our approval, in accordance with the attached conditions and those listed below, to fill 0.05 acres of wetlands, and tc impact 161 feet of stream channel and associated riparian buffers in Wake County for the purpose of residential construction, as yoi described in your application received by the Division of Water Quality on June 19, 2000. After reviewing your application, we ha: decided that this fill is covered by General Water Quality Certification Number 3287. This certification allows you to use Nationwide Permit Number 39 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project includin (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed 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 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 c 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 NCAC 2H .0506 (h) I and (7). For this approval to be valid, you must follow the conditions listed below and in the attached certification. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 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. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. nc r y tevens Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Soil and Env. Consultants Inc, 11010 Raven Ridge Road, Raleigh, NC 27614 File Copy 000816 Central Files Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wetlandc.htmi ...... ....: .. yr Fns i?llAt %I*L aisA C sac %.r tas?a?E-aae•e.a+s 11010 Raven Ri,eC RCs' sited:;r; , N^ 12 CE.^,`:irlQ 27619 F hone; (Yi.) n40-5990' '*,Oil PUEC; MW ANN, 00.2t3lid==firr. P(.1;.Ur .V M ' iG June 2000 .11 3 f 2000 . IN Mr. l Ot1Q Tug-well Airr john Tinning l???..SS?iau IMOMM'MN 11.1 A_.... I•,,..,, rc.,.,:•.,,^r? KC: Division of WattcT{i!lLtCCQ icdteaa?rw 17 .ir.iah Regulatory Braoch 6508 Falls of the Ncuse Road, Suite 120 4401 Reedy Creek Road Raleigh. North Carolina 2761.5 Raleigh, North Caroiitia 2700^, Re: Optimist Farm Road Subdivision t'roposcd Road Crossings. Prv-Cum6tfui,iioii n. . t.....'_ J hTn..nn 0•• r T.-pad for artai:?t:IwieP.i" ierr?iit, iae 4rt7illy iaaua*aitiay iw'•v -u w.. ' T.-pT.-T.-pad . Nort-Mc A__:-_a 1T- 0,00-43-0 , Sm,:c%. rru?wt rvvr a. Dear Mr Tuewell and Dornev. Soil & Environmental Consultants (S&EC) is submitting on behalf of Central Carolina Iioines a F're- Construction Application (NCN) for proposed permanent impacts to thrcC individual tuinamed tributaries of Middlil Creek and their associaW Netrse Riparian Buffers. The suibiect property is approuiuaioly '%If acres and is 1ocateed approximately 1600Ieel. west of the V0piIir, ["•arru Rviid't, an i34910)_Mtd BC iti.-1,-Road " _SD' v t13-80) rRtCifeiii:tivil. T1 t¦. _ic ' 0CHI-u J .1 il,A :••....-. to w dhe uva+. rth v. ?waimiet n rJnntS W;I P. r_'nl.niy ?irtlpCiy » 1 lax uacta¦ a ,.i . 1....... ...1...., Norui Carolina. The unnamed t^•butari' s are classified ,9 C NSW Wators ISInam Index No. 27-43-15- The proposed ponnancnt impacts on-site consist of three individual road crossings. 1%vo of the road crossings are associated with the construction or a paved rood that will provide accessibility to the eastern side orthe property and will be named Optimist Midge Trail. Optimist Ridge Trial will consist of it 50400i wide right-of-way. The third crossing is associated -witlitho construction of a gravel road that wit! provide access to the comntanit} • wet! tot. This ravel road will s a at ilic LtIm'-- - J 1?..nti--.,.... .Ft rittlJ 1!1 All cwl?tirlr, rwtu, ...., w.,' 104 avid wilt be 20 feet wl&. 1he-crossings hmb Vicer.. bGIed 11-31 on t,Iie;..•cl-B:M 'r^i--r-^rS W^.? IInn:Yci ti f- turnlo i.LVC ueei¦ ?.iin.ailaii.d uuitilag i"?.t^v:.??' 1?. T- h@ tinn?med channclc proposed for the af0fumentiQtied road crossings are intermittent and it is S&EC's proressional opinion that the channels are insignifran! No impacts are being proposed to the stream chii.rtnel indicated on the USGS qu-%-d map as a blue-line twrennial charulel. Wetlands end Neuse Buffer channels were MEOW by S&EC .^.tt 27 and 28 May 1799. ! etiands 1. eiv ^'-.. 1rt,,.l tta'Cd Qrity in areas that wrr`io b:, poir ntlal!+' be- imp-'t ' t1:r! oY -'-- ltrct J ^.."`— J .'..d^ ri.. Ult; kvSeu ra.: v vluptavit. tIa'up ....,. ?_.-•._.. .t.•, OW&A were molded were !t neJlit (l i!i iiie SCititIll.A?tVru i rlifier ulruw p.tua ¦ay; R awa?? {.a ZQ . 1 frn.-{ _ a., 1 mad l hmered and sMii-d 4`o the oa i- mlo r tnnuniriahlP. wrilartt iliiraaet ,IrL•. t{1V V{Ib{IIUa IV4Y I was ab,VY .V Y. proposed for Crossing i SfJetla-nds wrr_ ittentisier'¦ rgid fagged along the channel subiect to the Droposed Cyogeinu i f"Re? -f r-- urei (?rnggine ! was located in a n area that adduced potential wetl -o and impacts "and also positioned the road as close to perp_ndi_rlar to the stream channel as possible. Shifting; the road crossing in either direction would result in the increase of total wetland impacts. The proposed road lan will result ill it total ea rii iid E act or In. n49-acre and t t: i ii r [CCt of ! !.t' a rm tg rap act itt: r! it 5i vii Caret 5tFCarit CiiaE_^:n^t.. :'rO^SCQ ldy'$c E:I:fIOr IIa2^,-a-ctS ua, 0.2 i -acr • i-1 1 i 'iii'' ti.u^1 All "o e a. 4 I-- Zone u Gone 2, totailrig 0.285-acne, it is our rrofesslortat viii!liorl 4hat i is c'-annels are ins:guillcant, laid Wo i_ /..'.' ten d Netts:. L=41r"r ilt+nacte arr tSt?EtW the i» ICTL_ iiilpaGio are was i/ul¦' I v Der ci'iini'vl. .,.C ; ruNCSe,. .r VvC'te:Iti !1?fth?a!ifN.+.!rctmtlini%ivilil?uiiiw, JV,u J:ii: E vuiuuiiO:.:i .,........ CC;,!2:: crr.r,v i^nvivnr m1 nlili .;<;CSSi))i: ?i3fkirti i:5 un[i W_.iT.1Ri?<'Yi ?Dccics C lW 10227 tlrFjrg; ?7il a) jip-jy?i nidiorv v'r-c: "."Q) 11 VVv L. GIn::•. l i thmshota, and Oc impacts u;y iris than 150 feet per c hampo1. ter?clt = ' ' a r _ rf,, b, !it)).l "! ,!-- is YGuvibC.u w a ,&- stremn or icier imprefs. r a.•, a- t]f VlQA! SIiM n? hi i?lial l_i(rl`•7? iyr' Mart n?fPNinnc nr rPMrf:.ic ft'.i•a7titil@' iliifi a???ii? fiO1S. 6 Cam VV al.ua•ua.u raa sincerely_ Soil and Environmental Corsultants r?%-l-. Ai AA,ic11.. i i .[.??ry-A :x ?.t?V w J ;VVr 1s C Peter A. Jolenevsky r' Biotogist End mm: l; PCN Appiicadw. w. l._av?__? iron•? ?_,../f w,_.. 11(1'idl aii4..w..atu? a.asa aaaau a Ual-Ohna i.51zu:uasaar,r.aew?..7v:r r?a+........ US GS fl.rarironnin L).l?yCf; NY117641?7 -Ll7?Jf Qflb{l AiJl.,i tii 'r); .d.... j 1tiIPCt i lr IiFVS4 4;*tp A-4 Audwri-fim Form 61 DWO 5475 Application pee DWQ !U: Corps Aen" on iD. L4_%dd: 5,y LR y?-x Nationwide Permit Reques*.ed (P .rovide Nationwide errltit #j: 39 For Nationwide Permits that Require: 1) Notification to the Corps of Engineers 21 Application for Section 401 Certification g) C'nnrrli_n;?tingp wiffl_ thi? NC Di` k-iofl_ of Coastal Management r+rraYA F';nl nFFi+-a. n5 n _ . the (1r10 1f161l1iailu and (i-+d; \ Copy L +.1.:w i.caca...s,..A l C aur al ..,. JCnIA th .... ?wrar.. ?l,eo «t. ? .?tr.rr-v - COL 4491S Cvulj__ld the Corps of Engineers (see agency ? atlldrLriSeS SheeE\. JCVeft t'7t\ copies 3iivuia4i be Sense tC the NC Division of Environmental Management (see agency address-es ?heetf. PLEA'E PRINT. 1. Owner's Name: Central Carolina Homes, Inc.-Chris Majewski 2 MMiing Addraac 2A 7 Rrc+nffiPld nr, auvulvision Name: Op"bi gist Farm City: Raleigh State: iy:t... Zip Core: 27606 Project location address, including subdivision name (if different from mailing address above): Located on the north side of Optimist Farm Road, approximately 1600 feet west of the C}Ptftnist'Farrn. Road and Bell Lak& Road intersection. The subdivision name is OR imist Farr" +- ?.L ___ 'TT_?. _\: liA7..?T.\.n•i 13 IQG? LL6^i J) Tele-Phone DNIU. nll.WS lS3L+SSli?. ?rvarlrJ.?i?,VJL?JVV1 4) If applicable, agent's name or responsible corporate official, address, phone number: Soil &- Env&onmentul Consultants Inc. Phone: (919) 846-5900 11 ill fi RAvp_l R?ido Rnad Fax: (919) 545-9467 T9 _ __ _TL 11T T-- -,A741 A 1lal7 eIrl1, i4.t.... 4l VAY 5. Location of work (provide a map, preferable a copy of US-GS, topogr=pills liiap or aerial p?iotograph wiffi scale): Ccun?, Wake !nearest st'3'" o city: Raleigh Jvv .. ????n ?3c .W.. ate.. ?., ZGG7?LG? v !v ?. Lv JL. vv c%ti r'4 Specific Location (include road numbers, la*tdmarks, etc): i In nips! tau jse?8ie? vTe the north side of Optimist Farm Road (SR1309-11 aDvroximateiv 16vi feet west of the Oodmist Farm Road and Bell Lake Road (SR 1386) intersection, itaie1 h. Waite County, North Carolina 6. imna_tee. or ---raa. graam /r.vfr- ITnrarned tributaries of Middle Creel; r - - --- - - 11XIVIer 1506th. Ive-Use 7a. is project located near water classified as trout, tidal saltwater (SA), high quaiiiy wagers (HQW), outstanding resource waters (ORM, water supply (WS-1 G-1 WS- In? YES NO Fg If yes, explain: rst 1z ,IL . p A. i. --t .+ within ^ Nod: ,« div' -;'on of coastal ^.. aagaement v. {{ {a{? rv %=CL iS rVl.a..c%A u ? _ area ? ej1V1jC7FtfflCltt[t! co cede! (L11,i f:' Y LJ- ? l`v? LnLI 7c. It the project is located within a coastal county (see page 7 for .list of coastal counties), what is the land use plan (LUP) designation? Q- T. av .{'"{., Cact:nr. fid r.arvnifiw -kwa;Z TAV7/liiitV r !4e&teCl..for 71 on t11is flrocser ? VY. •l• e{.t{V{• aioc f-1 7.7r-i Iii tt yes, pov;.4e a..>~.... ii1 .,,Anr of r+nn?.^'.:? nArrmit anA t w L ?vv tdt ;3 y ??. 4.....{ ate. ??.:.?..... r r any additional inform- auon (irtclud rig photocopy of 401 certi icatioi{). 8b. Are additional permit requests expected for this property in the future? YES M NO I1 If yes, describe anticipated work: 9a. Estimated total. Anumber of acres in tract of laird. 56 acres 9b. Estimated t+o#al number or acres of wetlands located on project site: ?/. 3 acres Lr' LZYf'?'iL8 6 i6 ,0, : L" LJOC.L'v'AV r ? ?o 1 10a. Number of acres of wetlar!ds impacted by the proposed project by: Filling: 0.049-acre Excavation: a avvuua?. _ Drainage: vith -Al i otal i <res to be i$tpacied: _i!_ + ;-i!r 10b. (1) Streawt channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): ST?rngth hofn?a: ?I6 feet After; 135 feet Md" "Efore ([cased! on normal high watra-corE iOursy uveiage: % Beet Width After: 2 feet Averapte depth before: < 1 foot After: < 1 foot (2) Stream channel impacts will result from: (rheck all that apply) Open ciialu!ei 'elocNNttn: ` blacemeiit of pipe in ^,.hann", ?y A 47J Channel Excavation: ? Construction of a Dam/ Flooding: Ll Other: 11. If construction of a pond is pr opo;ed, what is fhn si7r of the watwrshr-d drairi_inp m flee -end? N/A iali__a C_ YY!!!ii W tilC a?x 7C:.d:fra? p!Jnd surface area9 . 12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans 91/2" x 11" drawings only): Proposed construction of a road for the purpose of accessing a planned subdivision. Pronosed work includes three individual stream crossings. l?ainforced c_,ncreteg pipes will _e placed in the channel to con= ctrnamflnwc - v of w•a. crossings aaa a. w a of the crossings are 0 Feewa av t .a.i?, de e und oaa^ae of d he cros?iaag? is 20 a ,ra.? ? t "r'id'e. i L...... ...L.: t •'li 'L_ a.l •.....J t... .i 'L not 1.:....: J to Tvpicai road construction Eguiynicani wilt Or u-: :- ti 11!ci!it!U by not Ftii r!!l !!! graders, excavators, oackhoe and rrontend loaders 13. Purpose of proposed worm: Construct road infrastructure in order to vrovide accessibility to a. Plan-,m, subdivision. .. ;,inFTa•• T .1tt:...,•Jtq,... y ? ... 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): The properties confirmration limits available alternatives for road alignments. Stream crossings are unavoidable. Toad enterance was shifted to the east to avoid wetlands adjacent to Onithnist Farm Road. The perennial channel that flows from the North to the south bisecting the s;4.,- will not be impacted •-y T? a'7 n 'a:__L J T.7lT ?U t- .. r..,]?.. lTT-•VVAT1 .A I.... 17. IOU are rezuiredt to contact the Us. riz'It taitU rraLUiLac 3cia,ilrc-tvxrrSJ suss L/ va National Marine Fisheries Service (NMRS'l (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: (attach responses from these agencies). Performed by the Corp.- 16. YOU arc r°.nafire o-o cony. f tide state. historic nreservatiion Officer fgHAO: fa.=n .i_...... a._____ \---- Pgeha4J' p??µ¦ . .--- .Y.7_ea: j Nr rcgwruu"a.., .1' thle presence v1i --9- L.:..iv.--9- 4ke raea'?R,.:. iaGCa? uac area w'-'-'- may r afreCted by the propose" 7e -1 pr t. '"ate contacted : i er v.:?'ie t-or g 17. Does the project involve an expenditure of public funds or the use of public (state) land? YES M NO ? If no, eo to 18. a. if yes, d,-%&-& the ,.rnivr f rnnvrirn nrnnaraiinn of an AP it rr nsnanhal dnr nmPnk pursu4a It to use reqirem-eat of the ivor.th Carolina Enviro na+.ent-ad P.o..l. .c..a/ J Act? YES "- NID b. if yes, has the document been reviewed through the North Carolina Department of Administration State Clearinghouse? YES f_ NO M if aiaSwcrS iv i V I.ss Y LLS/ Len J? mmit 4ppivprlaW dicuii,Qifa?'nuaiia fr.^ofrom the saute I clearinghouse to division vi envirciful terktal Manageflient s ebarEain con-U-1-e with the North Larolina Environmental Policy Act Questions regarding the State Clearinghouse review process should be directed to Ms. Chrvs gaggett, Director State Clearinghouse, North arolina Department of Administration, 116 West Jones Street, Raleigh; North Carolina 27603-8003. 70 T'i.._ _ 'ii •>,..?.. 3......'i .5 i T.... .__ 't-.-?.?.. .. .,.. ,7 i..a. .60. 11iC d6HLVW11l 1lKlL a.T JLaV U141 ? L41414 ICU With u11S app LLbA 6aVJ1 21 }.a ?y?a»GH [±?12vb4x invOlvea the lIS -nar 3 excavated or f•„ ge ?' nalYterlal into wetland-^. L V u• u C 17C`J4 .? ?.tu .. a..iLL `.fii `L rrS7J L 8 V i 6 u ?, 1 i• V'V [. [ [.u A'[i vv m«wiNt F, a. Wetland delineation reap showing all wetlands, stream, lakes and ponds on the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams (intermittent and permanent) on the property must be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent b, if availab F rpp -esPnr tw ve photo aTih of wetlands tD be i_r. pa_cted b pr[ i2 . c, If eliz-44.a:Gonwasc perf.^.rme b", a `^rtc,-mi*ar.a i»rlndts ii data sheets relevwnt to uie placer-terra` of ule ueliiaeauvn lime. d. Atiach a copy of the stormwat°r management plan, if requ* - -4 e. What is land used of surrounding property? Residential, forested and agricultural. If applicable, what is proposed method of sewage disposal? Individual septic Sij3tem8 y. C----.4 -&-A ""-d age *. c'a'\lally izabion "ev r,:af 4appii?av - Nisi E: -wetlands or 'relaters of the U.S. may not be impacted prior to: 1. Issuance of a Section 404 Corps of Engineers Permit, 2. Either the issuance or waiver of a 401 Division of Environmental Management (Water Quality) certification, and 3. (in the twenty coastal counties only) A letter from the North Carolina bivision of Coastal Management stating the proposed activity is consistent wild., the .North Carol; a Coastal Management program. F+ t V . fr E.. k vv Owner's/ Agenerign re - Date V (Agent`s sib atu_re valid only if Agent Auenorization Letter from the owner is provided (18 0) snn'a ezcgn ?? ^u^ u za?,ca?.? zVV IV ;,dr. . 1 a ?'/. ':? r?i ail '/111/ •r'?'?)' l's`1???'` -- r ????-?-''?-!?• ? :?-= '????;r??r: ?'?C?-((chi-/1,???,?.?-;°,`,?`;1:?.?\ -' ???/ ?; Nix . _ rrd ?,?i } ?,. {i! •?' \lt' '=??e.'Y?i i t t???{r'..'?. 1-? (?d11tW .1 r aqr -r.'v: (?c--d s"ll ¢ . `_ l? ? ; - k-. 77L / C"n) , 1 - 1(! • . ''1 t,` 1 10 -`?rr''_ •? L1PY•. i I CCC:o ti--?`•'??%isi(?'? ?_ r c_J \1N ,': ll • ,? ?;??' ! _ ?? 1' i` :?'^. 't??? ; i?, i \` " I? BPLSR-.G`7 N. ,Ps 44,1 NI A yM -N& ?? ) .•?/lX? r??3 /// ?od/ `1?bf"?l?iir? ??J 11 `•1'°=a_ , t2 ?d?? -? VI` i?:i'?/ s°J? ?Ji.1'!(/:??:? f-?}`til,-? ?. ?`)?l)??;•:'? ?(`-'1i \ -u•?'?, `-?'`?(ll ?l?l( ? ?"11l'/ t tl - 11r ):L? r ?i/JJ .. -_ '• ,?11I /)' /}'?S?? ?} ?? ?! f ^r •) 1i lilt, ",1"?,1i11!,/ 1?\` 4 J i /?rr??lti-`?i` 51(fI?11 1i Ii?G•IJf t ?_ ?" ..._?ut?-.1 '_ ?,h?r FS r?- ?Wf r ) .nn' i 8 !?•?•a ?tfl l? 1)? Q .ll ?l.lbal ? 1 l? 1 J / l?f ?Y i I ?\\?_ ??/?U/ / t(\\ ???` ?r:; ,. ? «-.err/_?• ? ?????????rr?u?,,-? ??? ?-- ?v ?/i? !?!C- i ?:? ?. ? 11 ?\ ? 11 nil - :x1111 ? ??? ... ? /ice _I• • ? -;s 1 1, 1 ? (-I1) ", yr- : r ILFf B(ti?'t.(?- d ;l IIV?` ?.. \ t - • /,. M-? j?? ?/'l//fit f l ?°?'?) `:?`??«? ? i JJIM f )1 ?) l l ` I/( rrJ1 D ? I11 X11 ?II?(ltt%?v?1`?:;?/J/ ??`c?/ `•vu'; . .?f7?11?33`4??,Jff: f `1 NiE A /1)(/ lea l " t1?1i1 i???`-,'?i•????1?1 ?s?. (''lip/>??r ?" j '??r?? 1/( `-AY ter' (( ti p` .?\?9 i?.,-A?\ 1(1 • i'`?J r''?(I\ ??i ; ,? _ ?> 11ii ;(? ?>>;?;1 . a;fix 1r YR111! 11, l) . f JI fir"?n??i? " 1?\?` i;'? ??); fti _4"'s°-? ,?????I????(`71'L 1`"'.>fi1?\\\\, •?. e 1??? 11 a1 ( C?`-? ??.<? I}1rt WRTCt(Lr'?:F?"?>???..?; (e=, t-,( "Kh "K K 11S)W _ ?.V,- r P(. -`?1Y(l?/11 (// r -• ._ =, r tC ,.' ?Y . tlt A ". :?1?(f1M i t l ; (•/A -Al, ?1)1 "t1! M)1( A) r'lfl 'N (Il(l?rr lei tI,Wt h Ili , 11 L-,•, g '//1/1(//NZ._ ! ? t?;\ ? f ? ,%, /' ?r'? 6\1 ' I ?? i ??' v. ?.J!% ?1?'`?iY.'•b ? Jii, ? iii ii VGA k. ?? it ??i I 1 •"-:J1:? ti 11Ath \,`?91' IFll - IP?ki. ?\:; ,l„C; i, :?? it i ? ? ?, 1 ht .\ ? ) m•.._ \?? r.: J,..' ?j';;, 04, qwv GGU 6 t,; V' ? ?:iu ."? .i- 1 f -.".z_ GRAPHIC SCALE 1, - 400' 400 800 CROSSI WETLAND L, 1 11. ?W ROECT m- Tif1D .YNR RAM Br IF LE Illsecls .Lm DU ;rrt PLM T %AWL' 2OWWST FAMI FWA wPACT YAP - L'WE tarn, K MIN CAPJMJ1A SiMi WWO pp? rrtt t? 1 Soil k- Fnviromma al C'`oo±??Wonts; fire. n1. rW ¦1?.,? ..?u .u.ti.r. nsiu w_-RaRUS.we Rc Ai?io¦ifT ?FYgwrl?iwaoo .. n--.a c7cq4 v L"; t..v:n ?3c .. .tea .. a.. vvc?9Ccc.v ?v f' v?u ?'??'r. ?? \...? t , i Ic'CNI IMPACT i LINEAR FEET i AREA (FT-) AREA (AC.) STREAM 63 126 D.003 AC. I ? IWETLAND - 2138 i ?o i ? i TOTAL 1 C ( i ¦ ? Wfffji NPACTS . I i ZONE AREA (FT7-) AREA (AC.) I 1210 0.028 i TOTAr r 0.122 AC. I e.?¦Nc 2 oUNcn ,mrrx.,l ?i ?7 ? I ZONE 1 BUFFER IMPAe¦i ?`A I y?(jF?j(j _ I AX ??Q? "J WETLAND IMPACT : I FZ ti ,.' I m2m. e 1 wamftftt, R-0-ow. FIRM low, s --• i Ile I ! •? ?: Q j -fT E ? tl ? ? 2 ? IEi t } Fi?• ;. ? i4 i i It it H F? t ? .• / ,0000.1- • ?I r Ia lie, j f: le 00 -641" GRAPHIC SCALE 1° - 40' L- 4.^, BO 9 . 6, 1 r - `0 L f'WV-`C3 P. c fps:, sac ^• ' M Qtil ?r Tdvf?pqx?aeFasl irsafeiil4sisitC_ V VU w aia? ? aiti +•?. • tp.. Am BY n-c OV W S-r FARM XW WPAC7 YAP - aaua vvwrww , } WK cmiwv. Nam GOW-L t. ?M +wwiwmi?w, ??w'•`?••'"^••°' ?'• ?u.? ir,e?LCliis: ? .4xa??1!rf£f ?rn?sn? ? ama ?wi teaee f?7 8S9- 186i6 ;0:£i (700(,L0-W ?" /' wel. .0^a I l 1CMLAND IMAMS fWPACT LINEAR FEET AREA (FT'1 AREA (AC.); STREAM S3 I 83 ! 0.001 AC.. WEILANU TOTAL %/ QJ/ / ? f %1RNIF I?F IMrr- ` J• j y) + - a ?? y 1 GOtYt. ( AREA `r 1 ) ? iuctsN (AC.) ? r i ?ru ray ? v.vs? r i, i V I ` ? 6 j 2 !0°0 0025 J ? ?? ? I A 9 f• = 1 !( I ` w 7 I ; I i j Iwo 20- Et op- I ' I LEGEND i ? l t i l i i ZONE ? BUFFER IMPACT ? ? ( i t ZONE 1 BUFFER IM ACTT ! ! a GRAPHIC SCALE i 0 40 $0 ; --. ! f 40' RQECT MCA rwaD lfm RAM a €I:L ii?? \??E4rf'e:? nr,L N. ROMC. - Qt• MUT rA -" FAM9 IMPACY VVAP - sc x mm". ral-11" !w? .!w?® Cast JP? R141ririri9A01tsil r1S9miltantiz- line- wra. w a ".Vi.vawwawwwwa ..--.......---..?_...T ?_. uma.-ihir Lwiw?a?Yw?,%M ?V::,?v IL.•AiALf(ifF r i E 6 &M IWIPAM ! Eucar?Y I I PAR FF?? AREA (FT2) AREA (AC.)_ r.?i vFr?T _20 40 0.001 A.'' ! RIP-RAE' 15 30 0.001 AC. TATbI t .ooz A^. I } i RIPARIAN BUFFER tM.PA= I ZONE I AREA (W) i AREA (AC.) E 1 1204 0.028 E 2 804 0.016-1 TOTAL L0.045 AC. s E LEGEND ll S S a 7 --ONE 2 6ua FER IMPACT i ' sstll f///!.! - t i 3 If ZUNE , _UF; rEa IuaerT --,2 !I Qe?Jl? i? - 3j ! 1 GRAPHIC SLATE 0 40 80 EE J ? i s"rT k- P. 4W ?; ?b1E17 A]!L ?NG faic-T 1i.7:. Rain Y.71C _• •- J aw ?TAlairi. KNi& =A,. a, FY£ ! - ?iST rAPIM AW IMPACT UV - ,? \ts='L t corm. moolm CARCLYM AiW i E I i 1 1 1 i E E s E i . i e 1 Swo & ?.fiV1g?3nmeLi aj ?'.t gLilt's?'in +? w !rye ?ra?L a.u.? Y.ae?rr ?Yfl ?i._n1?YL®a DsAIAGs_nor VA&hp U'8S9LB616 8^:CT .r. i B r i 4 f s` i t P c' r WWI VY91- ?.. 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Bran ??\\ ?•.? ???I'???" • ? y i P64 \?/ \ 13 5) 408 sM g \ 3952 1152) 3. /io J3 4.1 -/? ? v LLI 2 I I ? ? ? • . 1 ? ? W „? 465. J o = .` 4 51) 10 I i / \ 138' • % •r.\ I ?. - /I i mil, :' ? O % 1300 ! ?0 Ld ?? -i 1. 41-'x' PRa 6 RIP / l I 400 \I _i it I /II I /%/ it 1i {/ I / . K 3950 W it I ?. 1• 1 L.% / / ?? (! " / I 1 / !? 417 /._ / ....! f•.'s??6l,1 I. .I/? ?it) /,a ?y '/'. i /;1 Gp; s /? ?, ,/' Ili , 9 / - / Cem \\ 1340) \\ _389 ?'• _ n . 139 ' -. 3s\bb li \ 3948 I u 'i It :1 0 I \ , -71 3CXI e Sunset Lake -------`1 ?- 3947 306 r _ k -- KIJU 1111M VVC I LHNU Ut 1 tKIV11NA I IUN (1987 COE Wetlands Determination Manual) S 1.4 Project/ Site Cootngtor-, IYler,cdow ; Date: June I+ 70OZ Applicant [Owner: County: L,Jc,.K Investigator: Sco+4 ? Roy State: MC Do normal circumstances exist on the site? Yes No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No ? Transect ID: Is the area a potential problem area? Yes No >r Plot ID: (explain on reverse if needed) Dominant Plant Species Stratum Indicator ' Dominant Plant Species Stratum Indicator 1• o ca , (5 0 'Ct PAC- 8.V1+ts rofijt ltfo[trt 10 YL 2. cF: 45 6 ?I- FAC'_ . 9.-ArisaernuAr yc? HQ W_ 3.Llnnag, S?L?tu FAC EL, 10. - H2 1 4. ZO a F'Ar-l-_ 11.-Arugad tvtnrla.aln nt Cloo ss AC?J 5. Pin, -c +o?Ao- C i5'1a) -TV_ VAC 12. 6•0ile_crits c ca ??? L FAC 13. 7.!5tr?. (ctx rod tend -f??1 ?0. (bio%) 41:- FAC. 14. TR = Trees (non-climbing woody plants, t 3.0 in. DBH) HR = Herbs (non-woody plants & woody plants, < 3.2 ft., < 3.0 in. DBH) SS = Saplings / Shrubs (woody plants, ? 3.2 ft.. < 3.0 in. DBH) VI =Vines (woody climbing vines. 2:3.2 ft.) Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 95 % Remarks: "?dravhotc- w9eto*10rJ HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other Inundated _Saturated in Upper 12" ? No Recorded Data Available _vo'Water Marks V Drift Lines Field Observations: I/ Sediment Deposits V Drainage Patterns in Wetlands Depth of Surface Water: 41A (in.) Secondary Indicators: _Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 41A in.)Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: N . A in.) FAC-Neutral Test Other (Explain in Remarks) s: Hqd roia)y Pfese.r-r1 0 f Map Unit Name (Series and Phase): Taxonomy (Subgroup): Drainage Class: Confirm Mapped Type? Yes No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions (inches) Horizon (Munsell Moist) (Munsell Moist) , Abundance/Contrast Structure etc. 0-6 A_ 2,5 44/7 - - IoQ Lo _1Z 91 2e5w ?TiI Z.5U '7/5o _ 4.0% toa??n IZ - I'll 8- 5 u a l l '2.. 5 u / (c 40% 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 %G Reducing Conditions -Listed on National Hydric Soils List _L/ Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: 1440r?c Soils Fresen-V WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ? No Wetland Hydrology Present? Yes ? No Hydric Soils Present? Yes ? No Remarks: W0_A Mnd Is the Sampling Point Within a Wetland? Yes %_?No KUU 1 INL Wt 1 LAND Ut I t_KMINA I IUN (1987 COE Wetlands Determination Manual) M • Project / Site Cc?innacton Mexadowy, Applicant / Owner Investigator: Gco+4 s Rod Date: J u-- s- 111- County: Wo-ke- State:_ ISC Do normal circumstances exist on the site? Yes ? No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No ;?- Transect ID:_ Is the area a potential problem area? Yes No L.-- Plot ID: (explain on reverse if needed) Lr=rn Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1-_Ouercus cAca (40 7. TR I~Acu 2. ? 6-A. A(2exci- 7-5 ?.-- E&C- 8. 9. ? 3.latyucdc?r.,? ?e+? ?, °f' FAC+ 10. 4. Ac .r r . ,t„ (15- -W_ FAC 11. 5.VAis f4.ra;?f,lrrx (n??,l _V_ PAC 12. 6. 13. 7. 14. TR = Trees (non-climbing woody plants, 3.0 in. DBH) HR = Herbs (non-woody plants & woody plants, < 3.2 ft., < 3.0 in. DBH) SS = Saplings / Shrubs (woody plants, ? 3.2 ft., < 3.0 in. DBH) V1 = Vines (woody climbing vines, 2:3.2 rt.) Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). (o-] % Remarks: Nan- h ydropht,?k?c veo?e.-4 o..k to n HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water: R JA in.) Depth to Free Water in Pit: u 1n.) Depth to Saturated Soil: NIA (in.) Wetland Hydrology Indicators Primary Indicators: Inundated Saturated in Upper 12" Water Marks Drift Lines Sediment Deposits -Drainage Patterns in Wetlands Secondary Indicators: Oxidized Roots Channels in Upper 12" _ Water-Stained Leaves _ Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) i Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Colors inches Horizon (Munsell Moist) Mottle Colors Mottle Texture, Concretions, (Munsell Moist) Abundance/Contrast Structure etc. O-Z -A 2,S 4 5I3 - Inarn 2-5 2.,5w I3 - - Ioarn S-8 2,5y?Ot4 ,9-14+ 9_ 10 r ('16 CAN tact-" 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: Mori-hydr•ic Sots WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ? No Is the Sampling Point Wetland Hydrology Present? Yes No ? Within a Wetland? Yes No u-' Hydric Soils Present? Yes No arks: uP t?? d a SPAULDING & NORRIS, PA Civil Engineering & Planning October 7, 2002 Mr. Kenneth Schuster Water Quality Regional Supervisor Raleigh Regional Office Dept. of Environment & Natural Resources 1628 Mail Service Center Raleigh, NC'27699-1628 Mr. Danny Smith Environmental Specialist II NC Division of Water Quality Wetlands/401 Unit 2321 Crabtree Boulevard Raleigh, NC 27604-2260 Re: Notice of Violation and Enforcement Action Recommendation for Covington Meadows Subdivision - Wake County DWQ Project # 00-0816 rr'n " S&N Project # 309-01 a Dear Mr. Schuster, 7? ID This letter is in response to the Notice of Violation and Er4-• ?.wAI lOCT N Recommendation for Covington Meadows Subdivision dated September 9, 20 =lis Notice of Violation and Enforcement Action Recommendation was received by Mr. Chris Majewski, the Financially Responsible Party and an officer of Majewski Enterprises, Inc., on September 17, 2002. For clarity, significant issues are discussed in the order in which they appear in your letter. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "During the June 21, 2002, site visit the investigators took photographs, measurements and made observations of Neuse Riparian Zone impacts beyond that authorized in the June 23, 2002, 401 Water Quality Certification. Specifically, a road crossing, labeled as crossing #3 in the PCN, was not perpendicular as depicted in the application. As such, this crossing impacted approximately 75 feet of streamside riparian buffer vegetation beyond what was indicated in the authorization. " The road crossing labeled as crossing #3 is installed as indicated on the PCN Application prepared by Soil & Environmental Consultants, Inc. (S&EC) dated June 16, 2000, and approved by DWQ on June 23, 2000. Through no fault of the Owner, the stream and associated Neuse Buffer at this crossing was not accurately identified, located or presented in the June 16, 2000, PCN Application. However, as presented in the recently submitted "Additional Information for Covington Meadows Subdivision in the form of a Phone: (919) 854-7990 * Fax: (919) 854-7920a*g?12onity Road • Raleigh, North Carolina 27607 :`? fi Revised Pre-Construction Application Package", dated September 10, 2002, and submitted to DWQ and the USACE on September 11, 2002, the Owner proposed to remove this crossing and all associated fill within the Neuse Buffer and revegetate this affected area before the Notice of Violation and Enforcement Action Recommendation was received. The Owner is committed to performing this work immediately upon receiving approval for disturbance of this area from Wake County Erosion Flood and Stormwater Services, weather permitting. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "Also, an approximately 20 foot wide road crossing, not depicted in the 401 Water Quality Certification, was observed to cross the unnamed tributary to Middle Creek along the Northern edge of the tract. " As noted in the Revised Pre-Construction Application Package referenced above, the road crossing near the Northern edge of the property was apparently installed as a temporary access crossing during timbering activities on the property prior to Mr. Majewski's purchase of the property on August 5, 1999. The non-permitted installation of this road crossing was in no way the fault of the current Owner. The responsibility for permitting this crossing and removing it after it was no longer needed resides with the previous owner and/or the timbering company that actually installed the crossing. However, as proposed in the Revised PCN Application Package, the Owner offers to remove this road crossing and associated fill material and revegetate the buffer at his own cost. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "During the June 21, 2002, site visit, DWQ staff requested to review copies of the Sediment and Erosion Control Plan and General Stormwater Permit monitoring records The Erosion and Sedimentation plan, logbooks or records were not provided to DWQ staff as they were not available. (It is noted that staff were informed by a telephone call from Spaulding and Norris that the Sedimentation and Erosion Control Plan was placed on site later that afternoon.)" The erosion control "Letter of Approval" issued by Wake County Erosion, Flood and Stormwater Services on August 25, 2000, states, "Attached is the General Stormwater NPDES Permit, NCG01000, as revised July 1, 1995, covering your activity." In fact, the General Stormwater NPDES Permit was not attached to this "Letter of Approval". Mr. Dave Parnell agreed that he is not sure that a copy of the General Stormwater NPDES Permit was attached to the "Letter of Approval". Since this project is the first development project undertaken by the Owner, he had no prior experience to tell him that a copy of this Permit was missing or to make him aware of the requirements of the Permit. There was no reason for the Owner to believe that the "Letter of Approval" itself and the attached materials, absent of the General Stormwater NPDES Permit, did not Page 2 of 8 constitute the entirety of the requirements placed upon him. As documented by DWQ's statement above, the Owner immediately began to comply with the conditions of the General Stormwater NPDES Permit upon notification of its conditions by DWQ staff on June 21, 2002. Please note that the Owner began to comply with the conditions of the Permit one full month prior to ever receiving a copy of the Permit on July 22, 2002. Mr. Majewski never received a copy of the General Stormwater NPDES Permit until it was hand delivered to the site by DWQ staff on July 22, 2002. Since June 21, 2002, a copy of the current approved Sediment and Erosion Control Plan has been kept on site. In addition, the Owner's copy of the "Notice of Violation and Enforcement Action Recommendation" states that "an additional copy of this permit is attached with this correspondence." Just as with the August 25, 2000, Sedimentation and Erosion Control "Letter of Approval", there actually was no copy of the General Stormwater NPDES Permit attached. As requested, a copy of all weekly inspections, inspections subsequent to rain events greater than 0.5 inches, rain gauge data and inspection information that was recorded with respect to measures taken to clean up sediment that left the disturbed limits of the site is included with this letter. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "The review of the most recent PCN application (received by DWQ from Spaulding & Norris, PA on May 9, 2002, and placed on hold by DWQ on June 25, 2002 for Covington Meadows Subdivision) indicated that three stream features, which were previously depicted in the Optimist Farm submittal, were omitted from the Covington Meadows submittal." The recently submitted Revised PCN Application Package, dated September 10, 2002, does indicate two of the stream features referred to in the above statement (streams impacted by crossing #1 and crossing #3). The third stream (stream impacted by crossing #2; located in the southeast corner of the site) is not included because it is an ephemeral channel. The ephemeral classification of this channel was field verified by the US Army Corps of Engineers on July 30, 2002. An attempt to receive a field verification from DWQ staff during the June 21, 2002, field visit produced no immediate ruling. Spaulding & Norris, PA, staff, accompanied by Mr. Danny Smith of the Central Office and Ms. Debbie Edwards of the Raleigh Regional Office of DWQ visited the stream in question on June 21, 2002, in search of field verification of the classification of this stream channel. After extensive hand augering and discussions in several locations within and around the stream channel and after an exhaustive investigation of the entire length of the channel, Mr. Smith and Ms. Edwards declined to make a ruling on this channel's classification or its inherent subjectivity to the Neuse Buffer Rules. When asked for their ruling on the channel's classification, Mr. Smith responded "I (Mr. Smith) am not here to do your job for you", implying that he and Ms. Edwards would rely on the stream classification determined by Spaulding & Norris, PA, and that, in their opinion, staff from Spaulding & Norris, PA, are completely competent to classify this channel. It is the professional opinion of staff from Spaulding & Norris, PA, that this channel is in fact ephemeral and hence does not require the maintenance of Neuse Buffers. This Page 3 of 8 classification was further confirmed using the "Internal Guidance Manual for NC Division of Water Quality Stream Classification Method". On July 3, 2002, Spaulding & Norris, PA, staff completed the "NCDWQ Stream Classification Form" for this channel. The resultant score for this channel was 12.5; 6.5 points less than the required 19 point minimum score for determining an intermittent channel. Per the "Internal Guidance Manual for NC Division of Water Quality Stream Classification Method", "The 19 point minimum score for determining an intermittent channel was based on the results of over 300 individual field trials conducted in the Piedmont and Coastal Plain portions of the Neuse River Basin during May, June, July and August of 1998, as well as field testing conducted during December 1998 and January 1999." This stream's classification as an ephemeral channel is further supported by the US Army Corps of Engineers, as evidenced by the signed wetland delineation map. Hence, this channel, which in our professional opinion is not jurisdictional, is not indicated on maps/exhibits in the "Revised PCN Application Package". Spaulding & Norris, PA, staff would like to discuss this particular issue further. The Owner is willing to consider additional conditions DWQ may suggest to rectify this particular issue. Please recognize that additional buffer is being preserved along the main channel on the property. This additional buffer supplies approximately 6.3 additional acres (approximately 2,800 linear feet) of forested buffer that will provide stormwater treatment in excess of that supplied by the typical 50-foot Neuse Riparian Buffers. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "Also, a review of the revised Erosion and Sedimentation Control Plan, dated May 6, 2002 indicated that these buffers were omitted from these plans as weld" A newly revised Erosion Control Plan, that correctly identifies Neuse Buffers on the site, was approved on August 27, 2002. The "Sedimentation & Erosion Control Letter of Approval", dated August 27, 2002, states "All Neuse River Riparian Buffers are apparently represent6d correctly as approved by DWQ." DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "During the June 21, 2002, and July 22, 2002 site visits a review of the Optimist Farm Road Subdivision, care of Central Carolina Homes was conducted by DWQ staff. Within the Certification issued on June 23, 2000, a requirement for Deed notifications was stipulated as follows: `Deed notification or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetlands and/or water impact These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).' Please provide this Office with copies of deeds for lots containing this notification." Page 4 of 8 The Town of Cary Development Ordinance states that "No single family lots, created through a development plan, shall be platted into a riparian buffer as required by Chapter 14.1.4(m)." This requirement alone ensures that no lots will be platted into the riparian buffers on the site. The only proposed lot that will require this notification, lot 48, contains a small area of jurisdictional wetlands in its southwest corner. Currently, no lots have been platted for this subdivision. Hence, no Deeds are in existence for any proposed lots within this project. Since no Deeds are in existence for these proposed lots, it is impossible for this notification to have been placed on them. The Owner would like to assure DWQ that Lot 48 will have this notification placed on its Deed when platted. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "Wake County's site visit records, dated April 2, 3 and S, 2002, June 19, 2002, July 16, 17 and 22, 2002, and August 2, 7, 9 and 13, 2002, consistently report the same violations, insufficient measures to retain sediment on site and the failure to maintain erosion control measures. " The only notice of violation ever received from Wake County Environmental Services is dated July 24, 2002. The Owner did not receive this notice until August 7, 2002, due to an incorrect address on the envelope. These violations should have been reported to the Owner or the Contractor when they were first observed. As Mr. Majewski has displayed through his recent remedial actions, these violations would have been addressed and corrected immediately upon notification. Since the Owner's receipt of this notice of violation, all outstanding issues with sedimentation and erosion control measures have been addressed and approved by Wake County. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation states that: "Please explain the following; 1) why were the Neuse River Buffers for the tract, with exception of the main channel, omitted from the current PCNApplication (received by DWQ on May 9, 2002), 2) why the buffers for the tract were initially included in the Sedimentation and Erosion Control Plan for Optimist Farm Road, and 3) why the Neuse Buffers were excluded from the plans during Covington Meadows Sedimentation and Erosion Control Plan approval?" The buffers for the tract were initially included in the Sedimentation and Erosion Control Plan for Optimist Farm Road Subdivision to reflect the delineation provided by S&EC. The reason these buffers did not appear on the Sedimentation and Erosion Control Plan approved for Covington Meadows Subdivision is unclear. We believe this accidental omission occurred as a result of confusion caused by the many plan revisions this project has been through over its three year history. As explained in the recently submitted revised PCN Application Package dated September 10, 2002, this project began in August of 1999 as a Wake County subdivision which required individual, on-site septic Page 5 of 8 1 systems for each lot. The original Sedimentation and Erosion Control Plan that was approved on August 25, 2000, was representative of this scenario. On January 24, 2002, the Town of Cary reached an agreement with the Owner to provide water and sanitary sewer services for this project. In turn, the Owner was required by the Town of Cary Development Ordinances to maintain an undisturbed 100 foot buffer on each side of the main channel that bisects the property into eastern and western halves. This is the only channel on the property that requires these expanded buffers. We believe that the accidental omission of the remaining buffers occurred at the time the expanded Town of Cary Buffer was applied to the main channel. I cannot express strongly enough that this omission was purely accidental and was in no way intended as a means of intentional elimination of Neuse Buffers. This accidental omission of remaining Neuse Buffers on the Covington Meadows Sedimentation and Erosion Control Plan simply carried over onto the PCN Application Package that was submitted to DWQ on May 8, 2002. While we do regret that this accidental omission occurred, it was discovered during the PCN Application review process. The plans have been revised accordingly and should be considered a resolved issue. DWQ's September 9, 2002, Notice of Violation and Enforcement Action Recommendation requests that the following items be addressed: 1. Please detail when the fill material will be removed from the Neuse Buffer Zone. This material should be placed in uplands, outside of the riparian zone and stabilized (Note: you may need to modify your Sedimentation and Erosion Control Plan to accommodate this work). Please indicate in your response a schedule with dates when detailing how this will be accomplished The fill material within the Neuse Buffer at crossing #3 will be removed within two weeks of obtaining approval of a revised Sedimentation and Erosion Control Plan from Wake County. This revised Sedimentation and Erosion Control Plan will identify the area of fill to be removed, as required by the Notice of Violation and Enforcement Action Recommendation. An acceptable stabilization method will also be designated for this location on the Sedimentation and Erosion Control Plan. Since the removal of this fill material is dependent upon receipt of approval of a revised Sedimentation and Erosion Control Plan, it is impossible to specify a date when this work will commence or be completed. 2. Please provide information regarding the deed notifications, a 401 Water Quality Certification condition, as described above. As mentioned earlier in this response, no lots have been platted for this subdivision at this time. Hence no deeds exist to allow for this notification to be placed on them. The Owner wishes to assure DWQ that this notification will be placed on the deed for Lot #48. Lot #48 is the only proposed lot that will require this notification. 3. Please provide information detailing your compliance with the Minimum Monitoring and Reporting Requirements as requested above. Page 6 of 8 The Owner has performed monitoring and reporting as required by conditions of the General Stormwater NPDES Permit since the first day he was verbally notified of these requirements on June 21, 2002, one full month before ever receiving a written copy of the Permit. Copies of monitoring data are attached for your use. 4. You should clearly discuss your efforts to come into full compliance with the General Stormwater Permit. You should also detail the events that resulted in your non-compliance with the above mentioned permit conditions. (A copy of this permit is attached). Through the Owners recent remedial actions, he has displayed nothing less than a full commitment to bring this site into compliance with all conditions of the General Stormwater NPDES Permit. A revised Sedimentation and Erosion Control Plan was submitted to Wake County and subsequently approved on August 27, 2002. DWQ's statement above that a copy of the Permit is attached displays the core of the reason these violations occurred. A copy of the General Stormwater NPDES Permit was not attached to the Notice of Violation and Enforcement Action Recommendation. Twice, the Owner has received correspondences from regulatory agencies that stated that a copy of the General Stormwater NPDES Permit was attached when in fact it was not. The Owner, who had never seen this permit before, simply did not know that a copy of the permit was missing. As a result, he was not aware of its conditions. It is unreasonable to expect permit condition compliance from someone who had never been provided a copy of the permit. 5. Riparian Zone Planting Plan - It is required that a planting plan be developed such that, at least two native tree species be planted at a density sufficient to provide 320 trees per acre at maturity. This density can be achieved by planting approximately 436 (10 x 10 feet spacing) to 681(8 x 8 feet spacing) trees per acre. Please see the attached Guidelines for Riparian Buffer Restoration (January 2001) for assistance in developing your plan. Your plan must include the types of native woody vegetation selected, methodology of planting, and site map indicating the location of the plantings Spaulding & Norris, PA, will develop a planting plan for the area designated as crossing #3 that meets the requirements mentioned above. All of the information required by the statement above will be included in this plan. However, as with the General Stormwater NPDES Permit, a copy of the Guidelines for Riparian Buffer Restoration was not attached to the Notice of Violation and Enforcement Action Recommendation. A copy of this guide for use by Spaulding & Norris, PA, staff would be appreciated and will prove helpful when designing the planting plan. 6. With respect to the Sedimentation and Erosion Control Plan, a modification of this plan that accurately depicts riparian buffers is necessary. Please indicate in your response a schedule with dates when detailing how this will be Page 7 of 8 accomplished. You should also explain how you propose to prevent these problems from reoccurring with this project and with future projects. As mentioned earlier in this response, a revised Sedimentation and Erosion Control Plan that accurately depicts the Neuse Buffers, with the exception of the contested feature in the southeast corner of the property, was approved by Wake County on August 27, 2002. The Owner admits that there have been compliance issues with this site, but asks that DWQ take into account that this is his first development project. The Owner also asks that DWQ recognize that as soon as problems have been pointed out to him, all have been addressed within a matter of days or even hours. This project has been a tremendous learning experience for the Owner. The knowledge and experience gained through problem identification and resolution on this site will not be forgotten in the future. The Owner has repeatedly expressed his desire to bring this site into full compliance with all regulatory conditions and to maintain this compliance for the remainder of this site's development. It is our hope that this response to the Notice of Violation and Enforcement Action Recommendation will bring closure to the issues of DWQ permitting, compliance with conditions of the General Stormwater NPDES Permit and/or sedimentation and erosion control violations for this site. As displayed by recent remedial actions, the Owner would like nothing more than to work with DWQ and Wake County to bring this site into full compliance. Please do not hesitate to contact Mr. Chris Majewski or me if you have any further questions, comments or concerns about any of these issues. Sincerely, Scott Mitchell, PE, LSS Environmental Engineer/Scientist cc: Majewski Enterprises, Inc. - Chris Majewski Wake County Erosion, Flood and Stormwater Services - Dave Parnell Attachments: Exhibits (maps) Inspection Reports, Rain Gauge Data, Other Inspection Data August 27, 2002, Approved Erosion Control Plan Page 8 of 8 CidrhiC SCALE 1 m 40V 464 No CROSS WETLAND !l 3t'- ?.:,€cr r•,:. fan pa: SAW, G-1 a I «='+ ?L??4MT1?+CT 1Y11G11f: v v t vit ALAN (FTW_i<7 CAW ROAD imPAC7 MAP - WAMM CWxR. PM7W Cd_-LM1 ..k. 'Z--G f? '"'???? ?'?.? ?•? YJ /LIV.S+itll i._?FiiR ilidn? ita Eris ie?w"? %&top w j I v ?. SCI i ! iE_mma id?iaia „ ' ! IMPACT ? LINEAR FEET ? APEA (FT-) I 'AREA (AC.) I t I CZ STREAM ; ?.3 1 126 10:003 nC.I WETLAND ! - I 2T.38 ! 0.049 G. t t`v 767A! ( 0.1352 -A, ZONE ? AREA (F T ) ! AREA (AC.) ! ? t ! 1 i 40y0 r 0.0-4 2 ; 1210 I 0.026 l I ? t T37AL u. i 22 ix,. ! 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E M ? 13 w ti as L V 3 lu ? c C u ? 3 3 (v o u u l ? `l O ? h N o V `n? c I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. /o - 7-c?) Z Name (Mr. Chris Date SPAULDING & NORRIS, PA Civil Engineering & Planning December 13, 2002 Mr. Kenneth Schuster Water Quality Regional Supervisor Raleigh Regional Office Dept. of Environment & Natural Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Requested Additional Information for Covington Meadows Subdivision - Wake County DWQ Project # 00-0816 S&N Project # 309-01 Dear Mr. Schuster, This letter is in response to your On-Hold Notification dated November 22, 2002, in which you requested additional information for Covington Meadows Subdivision. Requested additional information is provided below. 1) Impact Area #8: - The plans depict a sewer line impact in Zone II of the Neuse Riparian Buffer. Please indicate why the sewer line impacts cannot be avoided (moved outside of Zone II). The topography in this location is quite steep, hence, any movement of the sewer line further away from the stream and out of the Neuse Buffer would cause the sewer line to be considerably deeper than is currently designed. Relocation of this sewer line outside of the Neuse Buffer would significantly increase initial construction costs as well as future maintenance costs for the Town of Cary. Additionally, as suggested by your comment listed below, if the sewer line were moved outside of the Neuse Buffer, lot 11 would be too small to accept a home and driveway consistent with the remainder of homes planned for the neighborhood. - Please depict the building and driveway footprint for lot number 11. It is unclear whether a house and driveway can fit on the subject lot and not impact the buffer. A plan depicting the possible location of a home and driveway on lot number 11 is attached for your reference. 2) Impact Area #9: - The plans depict a sewer line impact in the Neuse Riparian Buffer. Please indicate,i` by this impact cannot be avoided (moved outside of the buffer). Phone: (919) 854-799CI** ,Fax: (919) 854-792Pa+gPJ2oTrjnity Road • Raleigh, North Carolina 27607 This sewer line is required by the Town of Cary in order to serve adjacent properties in the future. Hence, it cannot be eliminated unless the Town of Cary agrees to relieve the Owner of this requirement. Additionally, if the sewer line were moved outside of the Neuse Buffer, lot number 3 will not have enough remaining buildable area to accommodate a reasonably sized home and driveway. In conversations with the Owner, Mr. Steve Mitchell of the DWQ Raleigh Regional Office agrees that environmental impacts will be minimized by allowing the installed sewer line to remain in its current location as opposed to removing it and further disturbing the channel and its buffer. - Mitigation for sewer line impacts associated with non perpendicular crossing (Zone I and Zone II) will be required (please see below mentioned buffer mitigation item). The Owner proposes to mitigate for sewer line impacts associated with the non- perpendicular crossing through either the donation of real property or an interest in real property, whichever is preferred by DWQ. The property offered as mitigation for these Neuse Buffer impacts is identified as "Open Space" on the "Wetlands and NRB Impact Analysis (EX-1)" and is immediately adjacent to the intersection of Optimist Farm Road and Optimist Ridge Trail. This property is 0.61 acres in size and was offered to DWQ or its designee in the November 6, 2002, letter to you providing additional information for this subdivision. Please note that the Owner will reserve a small area in the southeast corner of this property for a sign to identify the subdivision. Considering benefits to water quality, we feel that the donation of this property or interest in this property is the best option for mitigation for these impacts. As you will see on the attached "Drainage and Erosion Control (C-3.0)" plan, stormwater that flows through Impact Area Number 9 will be captured by the ditch on Optimist Ridge Trail and subsequently released into a level spreader onto this "Open Space". If this "Open Space" is accepted by DWQ, this will result in a permanently protected, continuous 200-foot buffer of mature forest to treat stormwater released from Impact Area Number 9. 3) Crossing Area #3: - With respect to the initial 20 foot wide road crossing and the impacts to the buffer by an access road being located within the buffer zone, please provide a plan that depicts the extent, scope and methods of stream and buffer restoration. (This should include plant species, an implementation and monitoring plan and a schedule) A plan depicting the proposed buffer restoration for Impact Area Number 3 is attached for your approval. The Owner will complete this buffer restoration for Impact Area Number 3 upon approval of the 401 Water Quality Certification, issuance of an Authorization Certificate and approval of an amended Sedimentation and Erosion Control Plan for this activity. The restoration work will preferably be completed by the end of February in order to increase the survival rate of planted trees. As you will see on the attached buffer restoration plan, a list of acceptable tree species is shown on the plan. A minimum of two of these acceptable tree species will be planted in the restored buffer. N Page 2 of 3 r 4) Please provide plans that clearly depict how stormwater will be addressed The Neuse Riparian Buffer Rules require diffuse flow prior to stormwater entering into the buffer. The attached "Drainage and Erosion Control (C-3.0)" plan illustrates how stormwater will be addressed on this site. Level spreaders designed per the North Carolina Erosion and Sediment Control Planning and Design Manual are supplied at the outlets of all concentrated stormwater flows prior to entering Neuse Buffers. S) If a no practical alternative decision cannot be reached by DWQ, subsequent to a review of your response to item number 2 (above), the Riparian Zone impacts to area number 9 that have occurred due to the sewer line crossing (depicted on the Covington Meadows Subdivision Wetland and NRB Impact Analysis plan dated August 26, 2002), will require mitigation. Specifically, the impacts of only the non perpendicular portion of the sewer line crossing (that includes Zone I and Zone II impacts) will be required to be mitigated The Owner offers to mitigate for the non-perpendicular portion of the sewer line crossing as detailed in the response to your Comment Number 2 above. It is our hope that this response to your comments listed in your On-Hold Notification dated November 22, 2002, will bring closure to the issues of DWQ permitting for this site. Please do not hesitate to contact Mr. Chris Majewski or me if you have any further questions, comments or concerns about any of these issues. Sincerely, /4?2, Scott Mitchell, PE, LSS Environmental Engineer/Scientist cc: Majewski Enterprises, Inc. - Chris Majewski Mr. Danny Smith, DWQ Central Office Mr. Steve Mitchell, DWQ Raleigh Regional Office Ms. Debbie Edwards, DWQ Raleigh Regional Office Page 3 of 3 W A Michael F. Easley, Governor Q R William G. Ross Jr., Secretary `O? pG North Carolina Department of Environment and Natural Resources co ? Alan W. Klimek, P.E., Director =1 Division of Water Quality Q ? January 2, 200 DWQ No. 02 07f ' Wake County Page 1 of 4 Majewski Enterprises, Inc. Chris Majewski 2828 Brenfield Drive Raleigh, NC 27606 SUBJECT: APPROVAL of 401 Water Quality Certification and Riparian Buffer Authorization with Additional Conditions Majewski Enterprises, Inc. DWQ Project # 020717 Covington Meadows Subdivision Wake County Dear Sir: On June 23, 2000, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification (DWQ Project No. 00-816) for the fill of 0.05 acres of wetlands, 161 feet of stream impacts and associated riparian buffer impacts as described in your application received by the DWQ on June 19, 2000 for a subdivision known as Optimist Farm Road Subdivision. Subsequent to the above-mentioned authorization, you have requested additional impacts for Covington Meadows Subdivision. This is the same subdivision tract that was previously authorized by Water Quality Certification No. 00-0816." You have our approval, in accordance with the attached Certification and any additional conditions listed below, to discharge fill or otherwise impact 0.036 acres of wetlands, 151 feet of stream and associated riparian buffers impacts for the purpose of the installation of road crossings, sewer lines and riparian buffer restoration of unauthorized impacts. The activity must be conducted as indicated in your application received by the DWQ on May 8, 2002 and as described in your respective modifications, dated November 6, 2002, and December 13, 2002 and any conditions listed below. We have determined that activities are covered under General Water Quality Certification Numbers GC3374 and GC3375. For this approval to be valid, you must follow the conditions listed in the attached Certifications and the additional conditions listed below. This Certification allows you to use Nationwide Permit Number 12 and 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate as required under 15A NCAC 02B.0233. 1. In order to prevent violations of the turbidity standards (50 NTU's in streams and rivers not designated as trout waters by DWQ; 25 NTU's in all saltwater classes, and all lakes and reservoirs;) full compliance with the Division of Land Resources or a local delegated Sediment and Erosion Control Program is required. 2. Approved erosion and sedimentation control devices and practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be properly implemented. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o,enr.state.nc.us/ncwetlands DWQ Project No. 02-0717 Page 2 of 4 January 2, 2003 3. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. All erosion and sedimentation control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources (or delegated program) releases the project or the project is determined to stabilized. Waste, spoil or fill shall not be placed, dumped or located in wetlands, waters, and/or riparian buffers beyond the footprint of the road crossing and the respective restoration activities as depicted in Pre-Construction Notification Application (PCN) dated May 8, 2002, and the site plans in your respective modifications, dated November 6, 2002, and December 13, 2002 (site plans/drawing sheet # EX -3 dated December 13, 2002, C-3.0 dated December 13, 2002, EX-1 dated August 26, 2002, and EX-2 dated August 26, 2002). 6. The restoration activities, as depicted in the PCN dated May 8, 2002, and the site plans in your respective modifications, dated November 6, 2002, and December 13, 2002 (site plans/drawing sheet # EX -3 dated December 13, 2002, C-3.0 dated December 13, 2002, EX-1 dated August 26, 2002, and EX-2 dated August 26, 2002) are required to be implemented/installed by March 1, 2003. 7. The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved for impacts under this authorization shall be clearly marked by orange fabric fencing, prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233, GC3374, and GC3375. 8. The respective restoration activities, as depicted in the PCN dated May 8, 2002, and the site plans in your respective modifications, dated November 6, 2002, and December 13, 2002 (site plans/drawing sheet # EX -3 dated December 13, 2002, C- 3.0 dated December 13, 2002, EX-1 dated August 26, 2002, and EX-2 dated August 26, 2002) are required to be monitored annually for a period of three years and respectively maintained from the date of the completion of the restoration activities. The monitoring must include reference photographs and a vegetation survival review. A report of the respective monitoring results will be required to be submitted to the Raleigh Regional Office of the Division of Water Quality by June 1 of each year. If additional restoration efforts/repairs are required, as result of the monitoring observations, they must be completed and the Regional Office staff must be notified in writing within 30 days of determining the problem. 9. Within 30 days of the completion of the restoration efforts, written notification must be provided, confirming the completion of the proposed buffer restoration. 10. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective streamside buffers on the subject tract in order to assure compliance for future wetland and water impacts. These mechanisms shall be J DWQ Project No. 02-0717 Page 3 of 4 January 2, 2003 put in place within 90 days of issuance of this Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. 11. A requirement of this 401 Water Quality Certification is that mitigation be provided for the non-perpendicular impacts associated with sewer line crossing located between lots 3 and 4 as depicted on plans labeled C-3.0 from Spauling and Norris, dated December 13, 3003. The required mitigation may be accomplished by one of three methods: 1) payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund, 2) donation of Real property pursuant to Item (8) of 15A NCAC 02B .0242, or 3) restoration or enhancement of a non-forested riparian buffer (pursuant to 15A NCAC 02B .0242). Specifically, the area of mitigation includes 2,035 square feet of Zone I and 3,542 square feet of Zone II at a ratio of 3:1 and 1.5; respectively. (please see the attached copy of 15A NCAC 02B..0242.). If you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement, in accordance with 15A NCAC 2B .0242 this contribution will satisfy our compensatory mitigation requirements. Until the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no impacts specified in this Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at (919) 733- 5208 if you have any questions concerning payment into the WRP. You have 90 days from the date of this approval to make this payment or obtain written authorization from DWQ, necessary to satisfy the above-mentioned mitigation requirement. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for impacts required for the non-perpendicular sewer line impacts to the Neuse River Basin riparian buffer. 12. Stormwater shall be directed to flow in a diffuse manner at non-erosive velocities through the protected stream buffers without re-concentrating. It is required that level spreaders be designed and installed that minimally meet the "Draft Level Spreader Design Options" which can be found at hllp•/lh2o.enr.state.nc.us/ncwetlands/level.pdf . 13. Upon completion of all work approved within the 401 Water Quality Certification 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. Please keep in mind that there may be additional Federal, State and Local regulations applicable to your project, such as the Sedimentation and Pollution Control Act, Non-Discharge and Water Supply Watershed Regulations, whereby you may be required to obtain permits and/or approvals prior to beginning your project. In addition, this approval will expire when the accompanying 404 Permit expires unless otherwise specified in the General Certification. DWQ Project No. 02-0717 Page 4 of 4 January 2, 2003 This approval is only valid for the purposes and designs that you described in your application and subsequent modification. If you change your project, you must notify the Division in writing and you may be required to submit a new application for a new Certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and, is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). 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 from the date of receipt of this letter. To request a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This Certification and its conditions are final and binding unless you request a hearing. This letter completes the review of DWQ Project No. 02- 0717 by the DWQ under Section 401 of the Clean Water Act. If you wish to review any of the Water Quality Regulations mentioned here, you can download a copy through the 401/Wetlands Unit web site at http://h2O.enr.state.nc.us/ncwetlands. If you have any questions, please contact Mr. Steve Mitchell at (919) 571-4700 or Mr. Danny Smith at (919) 733-9716. Sincerely, Alan W. Klimek, P.E. Director DWQ Attachments: GC 3374, GC 3375 (3/18/02), COC, 15A NCAC.2B .0242 cc: Raleigh Regulatory Field Office, USACE Wetlands/401 Unit Central Office- Danny Smith, Central Files File Copy RRO -Division of Water Quality, Steve Mitchell ds 01 I/Y am p vvw1arrl ta. Moss or., oecretaiy ral Resources nt n Nat th C li N D t i f E G c u or aro na ronme a d epar ment o nv ` Alan W. Klimek. P.E. Director Division of Water Quality n < June 25, 2002 CERTIFIED MAIL: Return Receipt Requested - Chris Majewski Covington Meadows Subdivision Masewski Enterprises, Inc. 2828 Brenfield Drive Raleigh, NC 27606 SUBJECT: Pre-construction Notification (DWQ 020717) REQUEST FOR ADDITIONAL INFORMATION Site Visit Results Covington Meadows Subdivision Wake County Dear Mr. Conoly: The Division of Water Quality has reviewed your Pre-construction Notific -..ion Application for the discharge of fill material into approximately 65 linear feet of streams. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. We are requesting (by copy of this letter) that the U. S. Army Corps of Engineers place your project on administrative hold. Further, during a site visit on June 21, 2002, conducted by Mr. Danny Smith of the Central Office and Ms. Debbie Edwards of the Raleigh Regional Office of the Division of Water Quality, it was noted that impacts have occurred to the riparian buffers. It was also observed that all of the riparian buffers present on the tract and proposed for impact were not indicated in the application. Please resubmit your application. This new application should depicte all of the buffers, all of the present day buffer impacts, and all of the proposed buffer impacts. Please dote, the Raleigh Regional Office is currently preparing additional correspondence regarding the above mentioned site visit. If you have any questions regarding this matter, please contact Mr. Danny Smith of the Central 401/Wetlands Unit Office at (919) 733-9716 or meat (919) 733-9646. 0 Dorney i visor, 40 etl ds Unit JRD/sds/cbk cc: Amanda Jones, USACE Raleigh Regulatory Field Office Cyndi Karoly, Central 401 /Wetlands Unit Danny Smith, Central 401/Wetlanes Unit RRO - Debbie Edwards Roy Conoly, Spaulding & Norris, 972 Trinity Road, Raleigh, NC, 27607 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 X; 1;4166 R_ Customer Servi( ) 1 800623-T' F W A r?y William G Ross Jr., Secrsta; i `O? pG North Carolina Department of Environment and Natural Resources co Alan W. Klimek, P.E. Director r Division of Water Quality ? -t o -c June 25, 2002 CERTIFIED MAIL: Return Receipt Requested Chris Majewski Covington Meadows Subdivision Masewski Enterprises, Inc. 2828 Brenfield Drive Raleigh, NC 27606 SUBJECT: Pre-construction Notification (DWQ 020717) REQUEST FOR ADDITIONAL INFORMATION Site Visit Results Covington Meadows Subdivision Wake County Dear Mr. Conoly: The Division of Water Quality has reviewed your Pre-construction Notification Application for the discharge of fill material into approximately 65 linear feet of streams. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. We are requesting (by copy of this letter) that the U. S. Army Corps of Engineers place your project on administrative hold. Further, during a site visit on June 21, 2002, conducted by Mr. Danny Smith of the Central Office and Ms. Debbie Edwards of the Raleigh Regional Office of the Division of Water Quality, it was noted that impacts have occurred to the riparian buffers. It was also observed that all of the riparian buffers present on the tract and proposed for impact were not indicated in the application. Please resubmit your application. This new application should depicte all of the buffers, all of the present day buffer impacts, and all of the proposed buffer impacts. Please note, the Raleigh Regional Office is currently preparing additional correspondence regarding the above mentioned site visit. If you have any questions regarding this matter, please contact Mr. Danny Smith of the Central 401/Wetlands Unit Office at (919) 733-9716 or me at (919) 733-9646. _\? Dorney rvisor, 40 etla ds Unit JRD/sds/cbk cc: Amanda Jones, USACE Raleigh Regulatory Field Office Cyndi Karoly, Central 401/Wetlands Unit Danny Smith, Central 401/Wetlands Unit RRO - Debbie Edwards Roy Conoly, Spaulding & Norris, 972 Trinity Road, Raleigh, NC, 27607 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Wetlands Tracking I " 1s Facility Name ('os°ington Meadow's S/D c/o MaJewski Enterprises Project Number 02 0717 Project Type /)rr11, ose of residential community County Wake Location 1. IT io M1ddle Ctecl Came ? County2 Received From APP COE ID # Region Raleigh Received Date Nla? S, 2002 COE Susp Date Reg. Contact Sent to Region Date 5/9/2002 I DCM Susp Date I APPLICATION FEE INFO Rcvd Region Date TIP Number Payment Date 7/8/2002 Last Action Date .lu"t''_S, 2002 More Info Requested 6/25/2002 Amount Paid $475.001 Last Action Hold More Info Received I Payor Majewski Ent. Latitude (ddmmss) ;353941 Mitigation ? I Check # 718 Longitude (ddmmss) 784504 t N Certiftdat4s Stream Area r x h : Area Length Length rI" (acres) ` Permit Wetland Wetland Stream i Class t Wetland I R (acres) (feet) (feet) i Cert # Score Subbasin eq Tyke. - -. _.._ ___TYpe r Impact Index 1 ,irn SuPP. I Class r Appr. Req. Appr. d t4 Stream 'O Y? O N ? 27-43-15-(l C " NS tip' 03(}1Q? stream ?. 12 1 F [,O Y o E 1 1 -1 1 03040.; 1' E 0 1 1 Buffers O Y O N 030403 error 0.22 r?1= ?s IT f':k 4 WRP r Mitigation L? 110[1 Project Wetland Wetland Area Length Completion , v Peren- Inter- Class (acres) (feet) Date Subbasin -> nial-, mitten litigatronType Number Type tl Mitigation: a WATER QG March 27, 2003 Mr. Chris Majewski Majewski Enterprises, Inc. 2828 Brenfield Drive Raleigh, NC 27606 Dear Mr. Majewski: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality RE: Approval of 401 Water Quality Certification and Riparian Area Authorization Covington Meadows Subdivision DWQ # 02-0717 Wake County On January 2, 2003 the NC Division of Water Quality issued a 401 Certification and Neuse River Buffer approval for the Covington Meadows subdivision (Optimist Farm Road subdivision). We now understand based on your letter of February 20, 2003 and our phone conversation of March 26, 2003, that you plan to increase the size of the pipe for the road crossing from 115 inches by 77 inches to 128 inches by 83 inches in order to allow it to be partially buried thereby allowing movement of aquatic life through the pipe. No additional stream or buffer impacts are proposed. Use of this larger pipe is acceptable (and indeed preferable) to DWQ and is hereby approved as a modification of the above mentioned approvals. Please call me at 919-733-9646 if you have any questions. Dorney Cc: Raleigh Regional Office DWQ Raleigh Field Office US Army Corps of E irieers John Hennessy file copy Central files N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.ne.us/ncwetlands G & NORRIS. PA Civil Engineering & Planning April 26, 2002 Ms. Amanda Jones US Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 020717 MAY 1 WETLANDS MOU WATER IJALI SECTION Re: Pre-Construction Notification Application Form for Covington Meadows Subdivision a Cluster Community Dear Ms. Jones, Attached you will find one copy of the completed PCN Application Form for the Covington Meadows Subdivision. The Covington Meadows site is owned by Majewski Enterprises, Inc. The owners of the property plan to develop it into the subdivision mentioned above according to the attached site plan. The design includes the widening of Optimist Farm Road and the extension of the existing CMP, as well as the installation of new sewer crossing that will provide sewer to the proposed development. The widening of Optimist Farm Road is required by the Town of Cary ordinance. No additional impacts are proposed for this site, however adjacent landowners intentions are unknown. Please accept the completed PCN Application for this site. Do not hesitate to contact me if you have questions, comments or concerns about this application. Thank you in advance for your time spent reviewing this permit application. Cc: Mr. John Dorney, NC Division of Water Quality Mr. Chris Majewski, Majewski Enterprises, Inc. Mr. Scott Mitchell, Spaulding & Norris, PA Phone: (919) 854-7990 ? Fax: (919) 854-7925.972 Trinity Road ? Raleigh, North Carolina 27607 ING & NORRIS, PA Civil Engineering & Planning AGENT AUTHORIZATION FORM ALL BLANKS TO BE FILLED IN BY CURRENT LANDOWNER Name: MAJEWSKI 1=NTERPRISF_5 . -19c Address: 2s 28 RREN F 1 EL.O 1)12?vF RALEIGId, NOPUR l_A2nUkLA 2'I(DOU Phone: Project Name/Description: CoywGToN MEADows Suro?yisioN A Cws ?Ert Cbmmutsmy Date: App-it- Z9, 200Z. The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 Attn: Amp mop, Ja Field Office: Rpw1rtA ReGU.LA--0gX FICto OrFICe Re: Wetlands Related Consulting & Permitting To Whom It May Concern: I, the current property owner, hereby designate and authorize Spaulding & Norris, P.A., to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 2.9"" day of ApR?L- 7-op2- This notification supercedes any previous correspondence concerning the agent for this project. C?L PRINT Owner's Name PROPERTY Owner's S' ature Cc: Mr. John Dorney NCDENR - Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone: (919) 854-7990 • Fax: (919) 854-7925 * 972 Trinity Road • Raleigh, North Carolina 27607 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director F?WAA NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 23, 2000 Wake County DWQ Project # 000816 APPROVAL of 401 Water Quality Certification and Neuse Buffer Rules with Conditions Central Carolina Homes, Inc c/o Chris Majewski 2832 Brentfield Drive Raleigh, NC 27606 Dear Sirs: You have our approval, in accordance with the attached conditions and those listed below, to fill 0.05 acres of wetlands, and tt impact 161 feet of stream channel and associated riparian buffers in Wake County for the purpose of residential construction, as yoi described in your application received by the Division of Water Quality on June 19, 2000. After reviewing your application, we ha- decided that this fill is covered by General Water Quality Certification Number 3287. This certification allows you to use Nationwide Permit Number 39 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project includin (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed 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 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 c 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 NCAC 2H .0506 (h) I and (7). For this approval to be valid, you must follow the conditions listed below and in the attached certification. 1. Deed notifications or similar mechanisms shall be placed on all lots with'remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 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. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 91.9-733-9646. inc r y tevens Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Soil and Env. Consultants Inc, 11010 Raven Ridge Road, Raleigh, NC 27614 File Copy 000816 Central Files Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wetiandc.html U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200021209 County: Wake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Central Carolina Homes Inc Attn: Chris Maiewski Address 2832 Brentfield Drive Ralei h NC 27606 Telephone Number 919-852-5661 Authorized Agent Soil & Environmental Consultants Inc. Attn: Peter Jelenevsk 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 approximately 56 acres in size and is located on the north side of Optimist Farm Road (SR 1390), approximately 1600 feet west of Bell Lake Road (SR 1386), south of Raleigh, Wake County, North Carolina. The property is located adjacent to an unnamed tributary of Middle Creek, above headwaters, in the Neuse River Basin. Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of culverts, and the placement of fill associated with the construction of three road crossings at the Optimist Ridge Trail subdivision. Impacts to wetlands and waters authorized by this permit total 0.049 acre (161 linear feet of stream channel). Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 39 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, please contact Todd Tug we11 _at telephone number_ (919) 876 - 8441 extension 26 Regulatory Project Manager Date August 2 2000 Expiration Date August 2 2002 SURVEY PLATS, FIELD SKET, WETLAND BE ATTACHED OF THIS FORM, FREQUIRED ORAVAILABLE. TO THE YELLOW (FILE) COPY CF: O? WAT??' Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at tm http://www.saw.usace.arrny.mil/wetlands/Perm--al)p.h The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http:/ih2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required fir projects occurring in any of North Carolina's twenty- five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwi)finalFedReg.pdf Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/newetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ® Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NAT,ou,,,g p,p rr # A 3 t# IZ 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 (see section VIII - Mitigation), check here: ? Il. Applicant Information 1. Owner/Applicant Information Name: MASCw-siCi F-NTE(ZPRISE_S , T-nlc . Mailing Address: i?SZ8 VLEMPleI b -1')elvP- RA1lE1Gla ., t4oy-n4 CAaoumA 27(90X9 Telephone Number: qIq 852 5lvtp1 Fax Number: 919 0.54 2931- E-mail Address: 2. Agent 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: Rn%< CoNol-x Company Affiliation: 5Qpuw ug -1, -Ionu,> , P • A . Mailing Address: q-TZ. Trz.ita?TY Ri> . RALE1GJA MORTIA CArtOUVANZ'160-7 Telephone Number: 9 Iq 854 -79cto Fax Number: 9t9 I3S4 '7925 E-mail Address: Page 3 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cpy,wG -tog Mcan-ows Suanoas%or l A CuusTER Co m,r,u.aiTY 2. T.I.P. Project Number (NCDOT Only): N (A 3. Property Identification Number (Tax PIN): btOa .0 t - 47 - 24 5 2 . O CO R . o i - 4'1 -- 4z o s Otn?l9.ot-'?'Z-?i83'1 ?. ti(cZR.©1-34,'?i34(0 ? U(c`iQ.Ot -48-3ZSZ 4. Location County: W A K Nearest Town: CAwt Subdivision name (include phase/lot number): CoyigwsoM MsAOows so - LnT ms`s = -16 Directions to site (include road numbers, landmarks, etc.): F¢nm 'MV 1KT E:_RSEC.T IoM nV SU*NSE-r CAKE `mn 4 ormmtsT FARM RO CSR 139o?) Cc3 .AS't ALaMG QV"M IST Fa2M %AD kepaox S miLEC SITE wiLL. %V (nCATCV Q 1H6 LsrT NnrcrH SIpE?) 5. Site coordinates, if available (UTM or Lat/Long): (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. Describe the existing land use or condition of the site at the time of this application: 7. Property size (acres): 52 . (o1 AC 8. Nearest body of water (stream/river/sound/ocean/lake): UT To M i nose CcLF[?: t_ 9. River Basin: q Eus E R (v Erz (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/.) Page 4 of 12 10. Describe the purpose of the proposed work: ?ro 11. List the type of equipment to be used to construct the project: jx"kA oe. dozers,Ioadeollevs,etc 12. Describe the land use in the vicinity of this project: '15 % J lord use - Km A ehA ud w A6 257, Is lonfl uc•P Rerrec%4?on crl 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. lyms i-? 4he Second o,ro wRLo, Cor Abn sde . A See o44ac6ed ca.Vgrm,C IeflefS ?CorY, u5;ACr V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: the owr`er clues no4 orAtc?QF.4e• cant add?I?ona' eerr?,?-l recl,es;' rco a A1n K CJ%Ae VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for ' listing or description, please attach a separate sheet. Page 5 of 12 1. Wetland Impacts 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*** ?Oke * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately lis t 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 FEMAapproved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online athttp://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, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: cp 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) ' ROAD WIQENING W CULUEF-T E S -40 T." LS)OFIT vorz ?cr TO M\ODlc 10? ?EIZE 7-6-PI-F. CONST. T 2 Et2 G 25 ,tOPOE LA ceE 10, pettcN * List each impact separately and identify temporary impacts. Impacts incude, 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.usas.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.conj www.manauest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: lc 5 Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. 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. GiE * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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.): 141A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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 PutZPoSE of TN6 tMPAGT G2EAT6b bK 'THE Wi06.Nt?.1G OF Qp-nmisT FARM ROAD ANO THE ASSar`.16TED IENG T H -.tjwG r7F CMP e, NEAOWAL.t_ is A TO Wt1 nF CAtZV 9EQtr12FT? 0M0ANGE 'T1AE MOFQS?,O ttnOFaGT C MATED &y TWE SA10iTAQkf SEHi6-9- t5 To lpaavioc- FUIL&2E SEWcfL To :Ege ?xQ1?0SEO sukrmtylstonL. EKISSIniG CIA? WOULD MO-7 AI LOW 195TH tA5ia,.t of SAWTAa2,( 9SW612 ICI OPTtrntst ?ARM?oAD. Page 7 of 12 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/stringide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. THE QWMV-(L 6 NOT PWPOSIACG AM"( M MGATIO" Page 8 of 12 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrn/index.hrm 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):! Amount of Non-riparian wetland mitigation requested (acres Amount of Coastal wetland mitigation requested (acres):AC IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) 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 (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Page 9 of 12 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 5846 5567cm? w 3 2 30t13(41% T-P 15 Total Q -I5q Zone t extends out 30 feet perpendicular from near bank ofchannel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Ifbuffer 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. 90 e+?,Ercat?o? is r?autied . Xl. Stormwater (DWQ Only) 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. -To1a1 occeacje. on site SZ.?a'i ac `The e.sLls+rr,or trngCru101A5 acrecxae c04ac c.r,d. grog ose ye-rvrous cscceac,e. Z..q4 ac. uy ?oreoAe.rs w1116e irvaladle.A o„ oAJ ' store, ,asrr e x t F nis prior T. w T60 rn_ o,re_ nn nrn-,%vrl r nn-irr.ln - ?1C XH. Sewage Disposal (DWQ Only) 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. \ok-1ewr-ier aener-Mecl aA fhe. ncopaseck die- wilt tie. C-'-Ale icd 6 4Fre. +own 'o'F l_QYrSt1nltnrrr SP_.)v.r 7?55'feY1 ter. et e;r. IsGan. N.-..tt.. 't`rnn?.,.J {,. .J.Ln T... ..- .? X1H. Violations (DWQ Only) 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 ki Page 10 of 12 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). ooz- Sigfiat*e Date is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-7980 Caldwell Haywood McDowell Swain Fax: (828) 821-8120 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office US Army Corps Of Engineers Post Office Box 1000 Washington, NC 27889-1000 Telephone: (252) 975-1616 Fax: (252) 975-1399 Wilmington Regulatory Field Office US Army Corps Of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Telephone: (910) 251-4511 Fax (910) 251-4025 Beaufort Currituck Jones Bertie Dare Lenoir Camden Gates Martin Carteret* Green Pamlico Chowan Hertford Pasquotank Craven Hyde Perquimans Anson Duplin Onslow Bladen Harnett Pender Brunswick Hoke Richmond Carteret Montgomery Robeson Columbus Moore Sampson Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 733-8653 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 r y 110 3953 ji64 B ran !i \? s i7 a /_3s { 45 1 5 4 8'. 1 BM ?' _ d I /' I, I 3952 I. r 1 / r K I v \ l/ ro' 3 w LIJ W N I / 11 II. : / .r '.1 7 :?? > ..465 J o/ u /?4J0 1010 f13 / a - O _ ? ? ?I ? l ?'? ? ? i?? t'l is I ?`?. ??- ? \-- Ce ? 40 I I I \ ? ' O J 1300- I ( J ? , 3950 'if 40 A i 4 (7 it ?? 6 t / I' ?• .? - ? ,.. 'v ? .' I• a ' , 389 II 139 I. •, ?a "' / I hi, 3s: 3948 - , P n u i n I - o !1 300 -? ??/ 1301;2 del BOO ,' ° e -- Sunset Lake 35c 3947 306 ;iz / ? <oo? ? ? - Cy,