20041601 Ver 1_Complete File_20040930

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 8, 2004
Waterford Development
Attn: Mr. Bob Haverkamp
1005 Slater Road, Suite 200
Durham, NC 27703
Subject Property: Saddlewood Subdivision, Hillsborough, NC
UT to Strouds Creek [03-04-01, 27-2-9), C NSW
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Haverkamp:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1601
Orange County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 242 feet of streams for the purpose of constructing a residential subdivision at
the subject property, as described within your application date?September 30, 2004 and received by the
N.C. Division of Water Quality (DWQ) on September 30, 2004. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3402
(GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army
Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Orange County Neuse Buffer Ordinance
The proposed project must comply with the Orange County Stormwater Management Program for
Lands within the Neuse River Basin Ordinance approved by the N.C. Environmental Management
Commission (EMC) under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy:
Delegation of Authority for the Protection and Maintenance of Existing Riparian Buffers, 15A NCAC
02B .0241
NonehCaro ina
401 Wetlands Certification Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Waterford Development
Page 2 of 3
October 8, 2004
2. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
Stream 242 (feet)
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed,,the requirements specified in the most
recent version of the North Carolina Sediment awrosion Control Manual. The devices
shall be maintained on all construction sites, borrow, sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Waterford Development
Page 3 of 3
October 8, 2004
7. Deed of Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at`.919-733-9646 or Bob Zarzecki at 919-
733-9726.
Sincerely,
Alan W. Klimek, P.E.
AWK/bs
Enclosures: GC 3402
Certificate of Completion
cc: Sean Clark, S&EC
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Ren Ivins, Orange County, Post Office Box 8181, Hillsborough, NC 27278
Filename: 04-1601 Saddlewood Subdivision (Orange) 401 NBR

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
041602
September 30, 2004
S&EC Project # 5405.W2
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
RE: Nationwide Permit 39
Saddlewood Subdivision
Hillsborough, Orange County, North Carolina
Dear Mr. Tugwell,
12r,zATOUR,
5 E P 3 0 2004
DENR - WATER QUALITY
WETL40S AND STORMWATER BRANCH
On behalf of Waterford Development, we hereby request authorization from the US Army Corps
of Engineers to use Nationwide Permit 39 for proposal- impacts to jurisdictional stream channels
(see attached overall map). We also request written concurrence from the North Carolina
Division of Water Quality that the project complies with GC3402, the 401-Water Quality
Certification associated with Nationwide Permit 39. A Pre-construction Notification Application
(PCN) is attached, which includes an agent authorization form.
The site is located on the western side of Highway 57 approximately 1 mile north of its
intersection with Highway 86 north of Hillsborough, NC. The project is approximately 465-acres
in size, and consists primarily of mixed pine-hardwood forests of various age classes. Please
refer to the attached USGS map, which displays the location of the proposed project.
S&EC completed a detailed wetland delineation during April 2004. Mr. Bob Zarzecki of the NC-
DWQ made a site visit and confirmed the buffers on May 25, 2000. A copy of Mr. Zarzecki's
letter is attached. On September 28, 2004 a site meeting was held with Mr. Michael Horan of the
NC-DWQ Raleigh Regional Office and Mr. Todd Tugwell of the USACE. This meeting
determined that the stream being crossed in "area 3" is intermittent and `unimportant"(does not
require mitigation.
The proposed project consists of impacts to jurisdictional waters that will result from the
construction of an access road for a residential housing development. The applicant requested a
detailed wetland delineation and buffer evaluation on the property prior to site plan development
in order to avoid jurisdictional waters and riparian buffers to the maximum extent practicable.
The proposed residential roadway proposes impacts that total 148-linear feet of perennial
stream and total 94-linear feet of intermittent stream. No wetland impacts are proposed. The
stream impacts are elaborated upon within the attached PCN form and are shown on the attached
inset irn ant man-,
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
US Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
Impact # 1 is necessary to access the interior of the site from Phelps Road. Because the stream
flows north to south and parallels the eastern property line, and the property has no access from
Highway 57. Access to the interior of the property is not possible without crossing 1. Impacts 2
and 3 were also difficult to avoid, because these stream features bisect the property from east to
west. Further stream impacts have been avoided by planning roads that will completely avoid
additional stream crossings and wetland areas.- Specifically, an access road is planned southeast
of impact area 3 that allows access for the lots south of the stream crossed during impact 3. The
applicant has also utilized larger lot areas (+/- 10 acres) in the plan, which allows flexibility in
design and produces a fewer number of impacts relative to the project's size and scope.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the requirements for notification
(0.10 acre). The proposed road is necessary to access the entire property. Because the applicant
has minimized impacts to the maximum extent practicable and will maintain riparian buffers as
per the Neuse Buffer Rules, S&EC believes compensatory mitigation should not be required by
the USACE. If mitigation is required, payment to the NC Environmental Enhancement Program
is proposed.
NC-DWQ's current policy does not require stream mitigation for perennial stream channel
impacts below 150 linear feet per project, and does not require wetland mitigation for impacts
less than 1 acre. Because the total permanent impacts to perennial channels is less than 150 feet,
we do not believe that stream mitigation should be required by NC-DWQ. Please note that due
to the large lot area the, site will contain less than 30% impervious surface. Therefore, this project
does not require a pre-approved stormwater plan.
Please call if you require any additional information or have any questions.
Sincerely,
Jason Payne
Wetland Scientist
Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Orange County Soil Survey Map
Impact reference map and details
Agent Authorization form
Neuse River Buffer Letter (DWQ 01-1413)
Sean Clark
Environmental Scientist
Office Use Only: 0 4 16 n Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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: Waterford Development
Mailing Address: Attn: Mr. Bob Haverkamp
1005 Slater Road
Suite 200
Durham NC 27703
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Pagel of 8
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: Saddlewood
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 9876-24-0999, 9876-04-6582, 9866-92-2046,
9875-08-0900
4. Location
County: Orange Nearest Town: Hillsborough
Subdivision name (include phase/lot number): Saddlewood
Directions to site (include road numbers, landmarks, etc.): The site is located on the western
side of Highway 57 approximately 1 mile north of its intersection with Highway 86, north of
Hillsborough, NC.
5. Site coordinates, if available (UTM or Lat/Long): 36.11776904, -79.10256850
(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): +/- 465
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Strouds 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 site consists of forested areas internally accessed by
woodland roads. Land use in the vicinity of this site is a combination of forestry, agriculture,
residential homes, and a nearby school.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the construction of a "mini-farm" residential neighborhood. Heavy
equipment associated with land clearing grading, and construction will be utilized.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to meet the
need for this type of housing in this area.
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.
S&EC completed the detailed wetland delineation and Neuse River Buffer evaluation on April
21, 2004. On May 25, 2000, Mr. Bob Zarzecki of the NC-DWQ conducted a site visit to review
the features potentially subject to the Neuse River Buffer Rule. A copy of Mr. Zarzecki's letter
is attached (DWQ# 01-1413). On September 28, 2004 a site meeting was held with Mr. Michael
Horan of the NC-DWQ Raleigh Regional Office and Mr. Todd Tugwell of the USACE. This
meeting determined that the stream being, crossed in "area 3" is intermittent and
"unimportant"(does not require mitigation.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional required permits are expected at this time.
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 3 of 8
1. Provide a written description of the proposed impacts: The proposed impacts consist
of 148-linear feet of perennial stream impacts and 94-linear feet of intermittent stream
impacts resulting from road construction.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
N/A N/A 0 N/A N/A N/A
* 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 hgp://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.) 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: +/- 10 acres
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts 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?
leasespecify)
Area 1 Permanent 74 UT Straud Creek 7.5' Perennial
Area 2 Permanent 74 UT Straud Creek 5' Perennial
Area 3 Permanent 94 UT Straud Creek 3' Intermittent
* 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 internet sites also allow direct download and printing of USGS maps (e.g., www.tolozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 148' perennial impacts +
94' intermittent impacts = 242 linear feet of stream impact
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name Wate Type of Waterbody
Site Number Type of Impact* Impact )
(if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 4 of 8
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
A detailed delineation was conducted in order to develop a site plan that minimized impacts.
Impact # 1 is necessary to access the interior of the site from Phelps Road. Because the stream
flows north to south and parallels the eastern property line, and the property has no access from
Highway 57, access to the interior of the property is not possible without crossing this stream.
Impacts 2 and 3 were also difficult to avoid, because these stream features bisect the propert
y
from east to west. Further stream impacts have been avoided by planning roads that will avoid
additional stream crossings. Specifically, an access road is planned southeast of impact area 3
that allows access for the lots south of the stream crossed during impact 3. The applicant has
also planned for large lot areas, which allow flexibility in design and produce a fewer number of
impacts relative to the project's size and scope. In addition, the applicant will utilize BMP
devices for water treatment.
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,
Page 5 of 8
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/strrngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because impacts to perennial areas are less than the NC-DWQ 150-foot threshold for impacts
to perennial channels, we do not believe mitigation should be required by DWQ. Because
impacts have been minimized to only 3 crossings on 465 acres, S&EC does not believe that
mitigation should be required. However, if mitigation is required, we propose payment to the
NC-EEP.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/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
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
Page 6 of 8
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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.
Impact Area 1
Zone* Impact
(square feet Multiplier Required
Mitigation
1 5,636 3 N/A
2 3,350 1.5 N/A
Total 8,986 N/A
Impact Area 2:
Zone* Impact
(square feet Multiplier Required
Mitigation
1 5,827 3 N/A
2 3,304 1.5 N/A
Total 9,131 N/A
Impact Area 3:
Zone* Impact
(square feet Multiplier Required
Mitigation
1 6,675 3 N/A
2 3,387 1.5 N/A
Total 10,062 N/A
Page 7 of 8
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
Because buffer impacts are below the 1/3-acre threshold for each crossing, and the
crossings are perpendicular to the stream, we do not believe mitigation should not be required.
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.
The site currently contains no impervious surface. The project is approximately 465-acres.
Although the impervious surface has not been determined, the large lot sizes in this residential
neighborhood should minimize impervious surface (below 30%).
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.
Individual septic systems will be used on this project. S&EC conducted a soil suitability
evaluation that was integrated into the lot design to ensure suitable soil exists for septic systems.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
None
y ?c
Applicant/
Date
(Agent's signature is'-val 'only if an authorization letter from the applicant is provided.)
Page 8 of 8
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Date: Figure 1 - USGS Map
April 13, 2004
Job#: Edwards Tract
5405.W1 Waterford Development, NC LLC
Job Manager: Orange Co., NC
Sean Clark Scale: Hillsborough/Caldwell Quadrangles
1"=2000' Dated 1997 and 1963

Soil & Environmental Consultants, PA
11010 Raven Ridge Rd. - Raleigh, NC 27614
[phone] ¦ [phone]
Web Page: www.SoMEC.com
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Project #: Scale:
5405.W1 1"=1667' Figure 1-Soil Survey
Project Date:
Mgr.: SC 04/13/04 Location Map
Edwards Tract
Waterford Development, NC
LLC
Orange Co., NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
08/18/2004 16:21 FAX
10006
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SaadEC_com
AGENT AUTHORIZATION FORM
All BIaMU To Be Filled. In By The Current Landowner
Name. ?r evt19n!'YJtaf NG L.LC
Address: -9 oa ct S ti zoo L Z7703
PhouIN-
Project
Name/Description:)
Dane:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. 'Box 1890
W ilmington, NC 28402
Attn: ?.yllT?
Field Office: 9 ;
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current m-perty owner, hereby designate and authorize Soil & Environmental Cozlsul,tants, PA to
act in 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. The day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This apthorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
Print Property Owner's Name
G-Gi.V TiP'ff???/n
cc: Mr. John Domey
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
ChwrG.er? nac?_."?'
001
Property Owxter's Siglnature
cc: Mr. Sean Clark
Soil & Environmental Consultants, PA
236 LcP1t1,(1ip Cnurt, 9u1re C
Concord, NC 28025
Phone: [phone]
Fax: (7") 720.9406
?Ii?+ a b1?M?c ?r
38(7.8 LAwcrdale Drive
Gt»rngb*p, NC 27455
Phone: (336) SQO-823d
Pax: (336) 540,8235
1ii?konr tNr ?.•
,522 Coo nt:in Lon,
rWO"vine, NC 286& I
P110" [phone]
Fax: [phone]
;3-d 6886-Tt,6 (6T6) DN Aaa R.a0J.94eM egR:Rn in 6T 2nd
QG
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
D menu f l?oVironment and Natural Resources
C Gregory J. Thorpe, Ph.D., Acting Director
,Qlvision of Water Quality
September 26, 2001
Orange County
DWQ # 01-1413
Soil and Environmental Consultants, Inc. (S&EC, Inc.)
Attn: Mr. Sean Clark
11010 Raven Ridge Road
Raleigh, NC 27614
919-846-9467 (fax)
Subject Property: Site Determination for Applicability to the Neuse River Basin Riparian Area Protection Rules
[15A NCAC 2B .0233(3)(a)]
Highway 57 Site, Hillsborough, Orange County, NC
S&EC, Inc. Project No. 00-5405
Unnamed tributary streams to Strouds Creek [03-04-01; 27-2-9; C NSW]
Dear Mr. Clark,
On May 25, 2000, I met with you to conduct an on-site determination to review several drainage features on the subject
property for applicability to the Neuse River Buffer Rules [15A NCAC 2B.0233(3)(a)]. Asa result of this on-site determination the
Division of Water Quality (DWQ) has determined that the attached map initialed by me on 9/26/0 1 accurately approximates the
surface waters subject to the Neuse Buffer Rules (North Carolina Administrative Code T15A:02B.0233) as determined by the
undersigned on May 25, 2000. No other subject surface waters were determined to exist within the property boundary. These buffers
begin at the most landward limit of the top of bank and extend landward a distance of 50 feet on all sides of the subject surface waters,
measured horizontally on a line perpendicular to the subject surface waters.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. As per
your question related to a possible septic line crossing of the buffers and stream, perpendicular crossings that disturb equal to or less
than 40 linear feet of riparian buffer with a maintenance corridor equal to or less than 10 feet in width are "exempt" and do not require
written authorization prior to construction. If you have any additional questions or require additional information you can reach me at
919-733-9726.
Sincerely,
A ?. 16-1
Bob Zarzecki, ESIII
DWQ, 401 Wetlands Unit
Attachment: "Highway 57 Site / Project # 00-5405, Preliminary Wetland Approximation", S&EC, Inc. Sketch Map,
Initialed by Bob Zarzecki on 9/26/01
Cc: Mr. Steve Mitchell, DWQ Raleigh Regional Office (map copy in DWQ 401 Unit Files)
File Copy
Central Files (map copy in DWQ 401 Unit Files)
DWQ 011413
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
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Tran # Invoice Type Date Reference
4422 100104 Invoice 10/01/04 51jiq2
Date:
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Check Number: 17012
10/01/04 Check Amt: $475.00
Balance Discount Pay Amount
$475.00 $0.00 $475.00