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HomeMy WebLinkAbout20020428 Ver 1_COMPLETE FILE_20020322O? ,.1 /? ?,?? IYIIIa IOCI ? VPa?Or, VVrO???VW /? William G. Ross Jr., Secretary \O? aG North Carolina Department of Environment and Natural Resources 7 Gregory J. Thorpe, Ph.D. y Acting Director O Division of Water Quality May 14, 2002 Wake County DWQ Project # 02-0428 APPROVAL of 401 Water Quality Certification with Additional Conditions and Neuse River Buffer Rules Jerry Gower 7324 Siemens Road Wendell, NC 27591 Dear Mr. Gower: You have our approval, in accordance with the attached conditions, to fill in 0.03 acres of wetlands 118 feet of stream and 0.19 acres of buffers for a road crossing from the Heritage Manor Project to Pool Road in Wake County as you described in your revised application dated May 8, 2002. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Numbers 3375 and 3362. These Certifications allow you to use Nationwide Permit Numbers 14 and 39 when the Corps of Engineers issues them. 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 including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 2. Deed notifications or similar mechanisms shall be placed on all 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). 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 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. This approval shall expire when the con-esponding Nationwide Permit expires or as otherwise provided in the General Certification. 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 X*M MEM 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/ncwetiands 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the C!can Water Act. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Steve ;c;hell at our Raleigh Regional Office at 919-571-4700. Sincerely, A?4 Gregory J. Thorpe, Ph.D Acting Director, DWQ Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Sean Clark, S&EC, Inc. (S&EC Project # 02-6804 F \07F Michael F. Easley, Governor 0 R William G. Ross Jr., Secretary \O? PG North Carolina Department of Environment and Natural Resources C? Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality May 1 q, 2002 Ilu I Wake County DWQ Project #02-04` 8 atz APPROVAL of 401 Water Quality Certification with Additional Conditions and Neuse River Buffer Rules Jerry Gower 7324 Siemens Road Wendell, NC 27591 Dear Mr. Gower: glrec,w? You have our approval, in accordance with the attached conditions, to fill in 0.03 acres of wetland nd O.Aex-nl•9 neieq-of buffers for a road crossing from the Heritage Manor Project to Pool Road in Wake County as you described in your revised application dated May 8, 2002. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Numbers 3375 and 3362. These Certifications allow you to use Nationwide Permit Numbers 14 and 39 when the Corps of Engineers issues them. This approval is also valid for the Neuse River buffer rules (15A NCAC 213 .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 eta- permit expires unless otherwise specified in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 2. Deed notifications or similar mechanisms shall be placed on all 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). 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 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. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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 N ENO 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.onr.state.nc.us/ncwetlands 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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 Cyndi Karoly at 919-733-1786 or Steve Mitchell at our Raleigh Regional Office at 919-571-4700. Sincerely, Attachment Gregory J. Thorpe, Ph.D cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Sean Clark, S&EC (Sn ISZ ,Tv?c. P??? ?o • ©Z-fob0?1, Q 1.?4. O Z- ? ?ZS 1 'F?? ?i Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com Department of Environment and Natural Resources Division of Water Quality Attn: John Dorney 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604 May 8, 2002 S&EC, Inc. Project # 02-6804 DWQXroject # 02-0428 fis f MAY - 8 fl, L 20 L Re: Reply to the Division of Water Quality's April 5, 2002 letter requesting further information for the proposed Heritage Manor, Wake County, North Carolina Dear Mr. Dorney: This letter is in response to your letter dated April 22, 2002 (copy attached), which requested additional information with regards to the proposed site plan for Heritage Manor Residential Subdivision. A site meeting was held with Ms. Debbie Edwards of the NC Division of Water Quality's Raleigh Regional Office on April 24, 2002. It was determined that Features A and B (see attached overall site plan) are not present or subject to the buffer rules and that Feature C is subject to the buffer rules. Because the two additional features shown on the Soil Survey map are not subject to the Neuse River Buffers, the previously submitted site map accurately depicts the locations of all streams and ponds on site. The responses are numbered to correspond directly with your letter. (1) The entire footprint of the proposed road's construction corridor is shown on the attached map. The map is a 1 "=30' scale and shows the stream impacts resulting from the installation of pipe and a rip rap dissipater as totaling 118 linear feet. Also the wetland and buffer impact areas have been revised. A revised PCN form is also attached reflecting these changes. (2) The attached map (Map 1) shows the riparian buffers accurately depicted according to the delineation of the stream being crossed. The redrawn buffers increased the proposed buffer impacts from 6,486 ft2 to 8,250 ft2 (0.19 acre). This change is also reflected in the attached revised PCN form. The proposed buffer impacts are still less than 1 /3 acre. (3) As requested, the revised impact map (Map 1) shows the meanders of the stream and the revised stream impact accounts for them in the total of 118 linear feet. The new stream impact total is also given in the revised PCN Charlotte Office: Greensboro Office: Hickory Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road Concord, NC 28025 Greensboro, NC 27455 Taylorsvilt, NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820 If you have any further questions or plan to visit the site, please call me at 846-5900 or email me at SC1arkASandEC.com. Sincerely, ?. S??'.?lark Aftichinents: 1) DWQ Request For Additional Information letter dated March 7, 2001 2) Revised impact map (Map 1) 3) Revised PCN form 4) Originally submitted site plan cc: Mr. Steve Mitchell (Raleigh DWQ Regional Office) Ms. Amanda Jones (USACE-Raleigh Regional Office) 2 OF W AT ,- Michael F. Easley, Governor ? G William G. Ross Jr., Secretary d N t l R f E i t li D t O a ura esources epartmen nv ronmen an North Caro na o ? ? Cl) r Gregory J. Thorpe, Ph.D. O Y Acting Director Division of Water Quality April 5, 2002 DWQ # 02-0428 Wake County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Jerry Gower 7324 Siemens Road NC 27591 Wendell MAY ` 8 , Dear Mr. Gower: _E T1 AMn. .,__. On March 22, 2002 the Division of Water Quality (DWQ) was notified by receipt of your applicafi-ft"regarding your plan to fill 0.02 acres of wetlands and culvert 80 linear feet of Walnut Creek for the purpose of constructing a road crossing from the Heritage Manor Project to Poole Road in Wake County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. In particular as described in 15A NCAC 213 .0502, we will require you to locate all streams and ponds on the property. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. 1. Please provide better design details. Specifically, we need to see the entire footprint of the construction corridor for the road in the location of the stream crossing. This includes the extent of any fill slopes or placement of any rip-rap for inlet or outlet protection of the culvert. 2. The buffers appear to be measured from the centerline of the stream or some other arbitrary line. The buffers need to be measured from the top of the bank of the stream 3. Impacts to the stream length need to be measured along the centerline of the stream. This needs to include the meanders (bends) of the stream. Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. feerQuaality Certlatio Program cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Sean Clark, S&EC Central Files File Copy D E1 0 2002 APR NCDENR North Carolina Division of Water Quality, Wetlands/401 Certification Unit 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 276042260 (Location) Ph: (919) 733-1786, Fax: (919) 733-6893, http://h2o.enr.state.nc.us/ncwetlands/ LENGTH OF STREAM DISTURBANCE- 118 L.F. \I 1 `\ I\\ 1 \ WETLANDS REA OF WETLAND DISTURBANCE- 1,367 S.F. AREA OF STREAM BUFFER DISTURBANCE- 8,250 S.F. RIP RAP DISSIPATOR 1 \ 15' WIDE X 20' LONG WETLANDS I \ ? i ? e?,FF ?XjILE; I ? o 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' (USAGE) 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 http://www.saw.usace.army.mil/wetlands/Perm anp.htrn. 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 h!M://www.saw.usace.aM.mil/wetlands/regiour.hln 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://h2o.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 for 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.anny.mil/wetlands/nwpfinalFedReq.vdf 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/ncwetlands/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 I . 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: 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 (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Jerry Gower Mailing Address: 7324 Siemens Road Wendell NC 27591 Telephone Number: 919-365-9767 Fax Number: NA E-mail Address: NA 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: Sean Clark Company Affiliation: Soil & Environmental Consultants, Inc. Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: 919-846-9500 Fax Number: 919-846-9467 E-mail Address: SClark ,sandec.com 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: Heritage Manor 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1723.20-92-8171, 1733.17-00-1484 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Heritage Manor Directions to site (include road numbers, landmarks, etc.): The subject site is located approximately 1500 feet south of Poole Road (SR 1007) and approximately 1600 feet south west of the intersection of Poole Road and Bethel Road. 5. Site coordinates, if available (UTM or Lat/Long): Stream crossing 1: 35°45'26"N 78°33'23" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: The site is currently forested and contains a mixture of pine and hardwoods. 7. Property size (acres): Approximately 51 acres 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Walnut Creek 9. 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/.) Page 4 of 12 10. Describe the purpose of the proposed work: The proposed road will provide access from the proposed Heritage Manor to Poole Road by tag into a road currently being constructed to the north of the property. 11. List the type of equipment to be used to construct the project: Heavy equipment typically associated with road construction and rg ading. 12. Describe the land use in the vicinity of this project: residential, forested, and agriculture 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. Jurisdictional determination - March 3 1999 AID # 199920510 Buffer Confirmation-December 1 1998 DM NBR-RRO# 154 According to McIntyre & Associates, no other permits have been issued for this property. 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: At this time no other 401 or 404 permits are known to be required in the future. 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 Page 5 of 12 evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts 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 Wetland impact 1 Fill 0.03 no Adjacent Forested wetland * 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 Inairance 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 htp://www.fema.&ov. *** 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: less than 0.5 acre Total area of wetland impact proposed: 1,367 square feet (0.03 acres) 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name* * of Stream Intermittent? indicate on ma linear feet Before Impact leasespecify) Stream crossing 1 Culvert & dissipater 118' UT to Walnut Creek ± 11' perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated riprap, 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.tonozone.com www.muoouest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: 118' 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, oceanetc. NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Page 6 of 12 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant requested a wetland delineation prior to developing the site plan so as to avoid wetland impacts. However, a jurisdictional channel separates the property from a road access along the northern boundary. As dictated by the City of Raleigh, this channel must be crossed in order to gain access to Poole Road. In an effort to minimize impacts, the proposed crossing will be made perpendicular to the channel and will only impact those wetlands adjacent to the channel. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 7 of 12 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strrnjzide.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 proposed roadway is located in the northeastern portion of the property. crossing a section of the stream with minimal wetlands. This buffered stream flows across the northern boundary of the prol2gly and could not be avoided for access to Poole Road. Because the proposed roadway will be constructed perpendicular to the stream channel, and because the gpplicant does not show any further impacts to riparian buffers or wetlands on-site, we do not believe any compensatory mitigation should be required for this project. The proposed crossing will impact less than 150 linear feet of channel and less than 1/3 acre of riparian buffer. Current NC-DWO policy does not require buffer mitigation for road crossings with buffer impacts of less than 1/3 acre. Current DM policy also does not require stream mitigation for stream impacts equal to or less than 150 linear feet per tributary Because the project impacts are below these thresholds we believe that riparian buffer mitigation should not be required 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 hqp://h2o.enr.state.ne.us/wip/l*ndex.htm If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA Page 8 of 12 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. V Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 5,566 3 N/A 2 2,684 1.5 N/A Total 8,250 N/A • "Lone 1 extends out 3U feet perpendicular from near bank of channel; Gone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. NA Page 9 of 12 XI. 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. Proposed impervious acreage is less than 30% therefore no stormwater control management plan is necessary XII. 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. The area will tie into an existing _sanitary sewer line XIII. 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 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). Z Applicant/Agent's Signature / Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 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 Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 2514511 Columbus Moore Sampson Fax: (910) 2514025 Cumberland New Hanover Scotland 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) 733-9959 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) 715-2671 CAMA and NC Coastal Counties Page 11 of 12 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 3855 Idlewild Road Kernersville, NC 27284-9180 Telephone: (336) 769-9453 Mountain Region Coordinator 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 Telephone: (828) 452-2546 Fax: (828) 506-1754 Alleghany Caldwell Watauga Ashe Mitchell Wilkes Avery Stokes Burke Surry Buncombe Henderson Polk Cherokee Jackson Rutherford Clay Macon Swain Graham Madison Transylvania Haywood McDowell Yancey Page 12 of 12 u zoa 0 /a MINX A47s, e? rr xe O . row .g r ?, J ( L19' T OW re r? r fr s. 1L_ Pg. 0 ?OF W ATF9o Michael F. Easley, Governor William G. Ross Jr., Secretary ?O G North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. O .? Acting Director 1?rr•? Division of Water Quality April 5, 2002 DWQ # 02-0428 Wake County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Jerry Gower 7324 Siemens Road Wendell, NC 27591 Dear Mr. Gower: On March 22, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill 0.02 acres of wetlands and culvert 80 linear feet of Walnut Creek for the purpose of constructing a road crossing from the Heritage Manor Project to Poole Road in Wake County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. In particular as described in 15A NCAC 2B .0502, we will require you to locate all streams and ponds on the property. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. 1. Please provide better design details. Specifically, we need to see the entire footprint of the construction corridor for the road in the location of the stream crossing. This includes the extent of any fill slopes or placement of any rip-rap for inlet or outlet protection of the culvert. 2. The buffers appear to be measured from the centerline of the stream or some other arbitrary line. The buffers need to be measured from the top of the bank of the stream 3. Impacts to the stream length need to be measured along the centerline of the stream. This needs to include the meanders (bends) of the stream. Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. erely, 1eZ Dorney Pro gram r Quality Certlifiatio cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Sean Clark, S&EC Central Files File Copy ? NTENR North Carolina Division of Water Quality, Wetlands/401 Certification Unit 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) Ph: (919) 733-1786, Fax: (919) 733-6893, http://h2o.enr.state.nc.uslncwetiands/ Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com March 21, 20Q2 NCDENR-DWQ US Army Corps of Engine Attn: Mr. John Dorney Attn: Ms. Amanda Jones 2321 Crabtree Blvd 6508 Falls of the Neuse Rd., Ste. 120 Parkview Building Raleigh, NC 27615 Raleigh, NC 27604 RE: Nationwide Permit 39/401 Water Quality Certification/Buffer Compliance Request Heritage Manor Project Raleigh, Wake County, North Carolina S&EC Project #: 02-6804 Dear Mr. Dorney and Ms. Jones: On behalf of the property owner (Jerry Gower), we hereby request authorization from the US Army Corps of Engineers to use Nationwide Permit 39 for proposed impacts to a jurisdictional stream channel and adjacent wetlands (see attached impact map). We also request written concurrence from the NC Division of Water Quality (NC-DWQ) that the project complies with the 401 Water Quality Certification associated with Nationwide Permit 39 and the Neuse River Basin buffer rules. A Pre-construction Notification Application (PCN) is attached, as well as an agent authorization form. The site information including letters, Jurisdictional Determination (JD), impact maps, etc. was provided by McIntyre & Associates. S&EC did not conduct any field surveys on the proposed project site, a residential housing development located approximately 1600 feet south west of the intersection of Poole Road (SR 1007) and Bethel Road. The project site is approximately 51 acres in size. Please refer to the USGS topographic map attached for the location of the project. Although S&EC did not perform the delineation and has not been on the site, the delineation was approved by Mr. Todd Tugwell of the USACE on March 3, 1999 (AID # 199920510). On October 1, 1998, Mr. Steve Mitchell of the NC-DWQ conducted a site visit and determined that the stream feature being Charlotte Office: PMB 291, 3020-1 Prosperity Church Road Charlotte, NC 28269-7197 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Hickory Office: 910 Boston Road Taylorsville, NC 28681 Phone (828) 635-5820 Fax: (828) 635-5820 S&EC Project #: 02-6804 Page 2 of 3 crossed on property is subject to the buffer rules as indicated on the attached site plan. A copy of Mr. Mitchell's letter is attached (NBR-RRO 154). The proposed road is necessary to provide access to Poole Road by tying into a road on an adjacent property currently under construction to the north of the subject property. According to information provided by Mr. Mac McIntyre of McIntyre & Associates, the proposed road will impact a 3-foot wide jurisdictional channel, also subject to the Neuse Buffer rules. The proposed crossing will impact 80 linear feet of channel. Approximately 6486 square feet of riparian buffer will also be affected at the proposed crossing location. The proposed crossing will also impact 0.02 acres of wetlands adjacent to the channel. The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and may require compensatory mitigation to offset unavoidable losses of waters of the US when impacts exceed the requirements for notification (0.10 acre) or if discharge into any open waters is proposed. The applicant requested a detailed delineation of wetlands present on property prior to site plan development in order to avoid jurisdictional wetlands to the maximum extent practicable. As per the attached JD tearsheet, Mr. Todd Tugwell approved the delineation on March 3, 1999. The buffered stream extends across the northern portion of the property, which could not be avoided for access to Poole Road. Because the proposed roadway will be constructed perpendicular to the stream channel, the location of the crossing minimizes the amount of wetlands impacted, and the applicant plans to maintain riparian buffers and the remaining wetlands on-site, we believe the USACE should not require compensatory mitigation for this project. NC-DWQ's current policy requires written concurrence for impacts to any buffered stream channel within the Neuse River Basin. Because the applicant plans to permanently impact a buffered jurisdictional channel, we request written concurrence that the project complies with the 401 Water Quality Certification and the Neuse Buffer rules. NC-DWQ's current policy does not require wetland or stream mitigation for wetland impacts below 1 acre and/or stream channel impacts less than 150 linear feet per tributary. Because the total wetland impact acreage is 0.02 and the total permanent impacts to channels are less than 150 feet, we believe that neither wetland nor stream mitigation should be required by NC-DWQ. The proposed project will result in less than 30% impervious surface. As noted above, the stream channel on-site is subject to the buffer rules. The proposed crossing, as shown, will impact less than 150 linear feet of channel and less than 1/3 acre of riparian buffer. Current NC-DWQ policy allows road crossing without mitigation if S&EC Project #: 02-6804 Page 3 of 3 the impacts are less than or equal to 150 linear feet of stream channel or 1/3 acre of riparian buffer per tributary. Because the project impacts are within these thresholds, we believe that riparian buffer mitigation should not be required. Sincerely, Sean Clark Environmental Scientist Attachments: Pre-construction (PCN) notification form USGS Site Location Map (Figure 1) Soil Survey Site Location Map (Figure 2) Over-all Impact Map Detail of impact map Agent Authorization form Copy of Mr. Steve Mitchell's buffer confirmation letter Notification of Jurisdictional Determination $200-check for Water Quality Certification fee Q O? WAT?fla G 91 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 http://www.saw.usace.anny.mil/wetlands/Perm app.htm. 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/rep-tour.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://h2o.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 for 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 fonns, 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.anny.mil/wetlands/nwpfinalFedReg.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/ncwetlands/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: Fonn 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: 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Jerry Gower Mailing Address: 7324 Siemens Road Wendell NC 27591 Telephone Number: 919-365-9767 Fax Number: NA E-mail Address: NA 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: Sean Clark Company Affiliation: Soil & Environmental Consultants Inc. Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: 919-846-9500 Fax Number: 919-846-9467 E-mail Address: SClark(iDsandec.com 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: Heritage Manor 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1723.20-92-8171, 1733.17-00-1484 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Heritage Manor Directions to site (include road numbers, landmarks, etc.): The subject site is located gproximately 1500 feet south of Poole Road (SR 1007) and approximately 1600 feet south west of the intersection of Poole Road and Bethel Road. 5. Site coordinates, if available (UTM or Lat/Long): Stream crossing 1: 35°45'26"N 78°33'23" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: The site is currently forested and contains a mixture of pine and hardwoods. 7. Property size (acres): Approximately 51 acres 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Walnut Creek 9. 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/.) Page 4 of 12 10. Describe the purpose of the proposed work: The proposed road will provide access from the proposed Heritage Manor to Poole Road by tying into a road currently being constructed to the north of the property. 11. List the type of equipment to be used to construct the project: Heave equipment typically associated with road construction and grading. 12. Describe the land use in the vicinity of this project: residential, forested, and agriculture 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 USAGE 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. Jurisdictional determination - March 3 1999 AID # 199920510 Buffer Confirmation-December 1, 1998 DWQ NBR-RRO# 154 According to McIntyre & Associates no other permits have been issued for this property. 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: At this time, no other 401 or 404 permits are known to be required in the future. 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 Page 5 of 12 evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts 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 Wetland impact 1 Fill 0.02 no Adjacent Forested wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www,fema.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: less than 0.5 acre Total area of wetland impact proposed: 915 square feet (0.02 acres) 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact leasespecify) Stream crossing 1 Culvert 80' UT to Walnut Creek 3' perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverg 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.uses.L,ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.magquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 80' 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, ocean, etc. NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Page 6 of 12 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant requested a wetland delineation prior to developing the site plan so as to avoid wetland impacts. However, a jurisdictional channel separates the property from a road access along the northern boundary. This channel must be crossed in order to gain access to Poole Road. In an effort to minimize impacts, the proposed crossing will be made perpendicular to the channel and will only impact those wetlands adjacent to the channel. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 7 of 12 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://.h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed roadway is located in the northeastern portion of the property, crossing a section of the stream with minimal wetlands. This buffered stream flows across the northern boundary of the property and could not be avoided for access to Poole Road. Because the proposed roadway will be constructed perpendicular to the stream channel, and because the gpplicant does not show any further impacts to riparian buffers or wetlands on-site, we do not believe any compensatory mitigation should be required for this project. The proposed crossing will impact less than 150 linear feet of channel and less than 1/3 acre of riparian buffer. Current NC-DWQ policy does not require buffer mitigation for road crossings with buffer impacts of less than 1/3 acre. Current DWQ policy also does not require stream mitigation for stream impacts equal to or less than 150 linear feet per tributary Because the project impacts are below these thresholds we believe that riparian buffer mitigation should not be required 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 hLtp:Hh2o.enr.state.nc.us/wrp/iiidex.litn If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA Page 8 of 12 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 X. 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 ? 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: 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 4,310 3 N/A 2 2,176 1.5 N/A Total 6,486 N/A * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Page 9 of 12 XI. 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. Proposed impervious acreage is less than 30%, therefore no stormwater control management plan is necessary XII. 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. The area will tie into an existing anitary sewer line. XIII. 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 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 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 Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 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) 733-9959 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) 715-2671 Page 11 of 12 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 Project #: Scale: 02.6804 1°=2000 Fi 1 USGS Q d Project Mgr.:SC Date: 01125102 gure - ua Heritage Manor McIntyre & Associates Raleigh, Wake Co., NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd. Raleigh, NC 27614 (919) 846-5900 (919) 846-9467 Web Page: www.SandEC.com GARNER, N. C. NE/4 GARNER 15' QUADRANGLE RALEIGH EAST, NC 35078-F5-TF-024 1993 1964 PHOTOREVISED 1987 NIMA 52551 SE-SERIES V842 DMA 5255 II NE--SERIES V842 Cl f p 7` n .: L -, [ I 4C ApL1 toa FaH ApC? " ` /S? k- l AF,n e i 1 w ApE1 ,may 't , _ ApS ?r . . vs ..101 pia,. ._b AD w? ?4. ti Apoi Ap(2 C? !r; 1 aa: t ?`?r CeL2.z?, a? u w ??: r7 y ; A CRS <A P ? ? {tP tkir Ap ?E ?/ !we. t(d0 r Ap82 q k w A Apc G 4 a 1 .'. y ?K IPB C't7 e "A, ?. _Xpfii pti Ap. ?[l? k 4o C3 APES,? :. a a1.r `(?uE3? 1 FA ?AF?°e .. .s 111 Project #: Scale: 02.6604 1" =1300' Figure 2 - Soil Survey Project Mgr.:SC Date: 01125102 Heritage Manor McIntyre & Associates Raleigh, Wake Co., NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd. Raleigh, NC 27614 (919) 846-5900 (919) 846-9467 Web Page: www.SandEC.com 1 (.:AI. ' _ . 1 ; "? -''r"F!- ! ..N tJ fvli?)F 1i .'0 JC 01 x 0 Pe4Z x u eeeo x X O x T i ? O -/ N 5 0 ? O W d 4 ow s row oi.ad' r? or V lip I wT =AN- \\-o - `G ® O \. r -r u\ ? VV Q? O °1 x O t O r s. xN 7 x em r? I I r ? 4 CC P• ?e• O. ?Q. I f ® f ?Q RL9 f ©' O Ir r'"I ' J x 21 a ae r ivie 0 Tr Y7 N t/ r eTaa?stir _ , ( iar +er.? ? ra r?, T ray 'r rr '? $ ? k70 MEADOWS EAOLRCW&E ?.tO .8. Pg. 8 Zo c0 m vi w m p? z ¢ m w U Z (n M O J w 0 (1) L- 00 LL. :3 m o w z U Q ¢ m w x V) LL U- 0 w LL O F 0 Z w J / V) / Z / Q / I I I I I III `\ C') \> ? ? 4j // j Dog /t'eri __- 1.84 1 Encroaches o I I ill \ ? a\ I I I I i I rim I,C? I?// / I I I I ??I 1 1 I I 1 1 I / / ?\ I 1 I I / 'O• C Environmental Consultants, PA Road • Raleigh, North Carolina 27614 . Phone: (919) 846-5900 - Fax: (9)9) 846-9467 www.SandEC.com SENT AUTHORIZATION FORM Date: J Z2, Za??J The Department of the Army U.S. Ashy Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Amanda Jones Field Office: _Raleiah Re: Wetlands Related Consulting and Permitting To Whom It May Concern: 1, the current R=dJ owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon r nest supp mental information in support of applicatiorts, etc. from this day forward. The day of This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should can S&EC to arrange a site meeting prior to visiting the site. /12 Print Property Owner's Name cc: Mr. John Domey cc: Mr. Peter Jelenevsky NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Raleigh, NC 27604 blank agent anth Ior10Pl.doc Cbarlotte Office. Greenshoro_ Office: Hickory Office: PMB 291.3020-1 Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road Charlotte. NC 28269.7197 Greensboro, NC 27455 Taylorsvllle. NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax: (704) 720-9406 Pan: (336) 540-8235 Fax. (828) 635-5820 .? ."" ;°'YJl A ,f. Mr. Leswr Stencil Aaar MYaid' oererww ?L: 204 east DcVCK Street .:. `'',eppoa (MUcc Pax 730 Angier, N.C 27501 Hear Mr. Stencil: ..`r Nort7li CAROLINA DRPARRt UNT VP RT4VM%0KMW§lT AND NATUNAL RKNOUVWAS RALCtGM ROMIONALO"ICK necambor 1, 1996 ?3ullject: Neuac River Basin Riparian suQ4r Rules Heritage Manor/Carwdy Proporty Prgject NUR-RRO 154 Wake County on Ootoba 1, 1998. I met with you at the site of the ptroptlse4 wwltage Manor Subdiviuion. At yc requem an evaluation of the foawre, hishliglilod in bhto, that forms add exits the pond, was perfumded detem1ba whetha dw site would require aomplisstoe with the Nw% Riparian Ruifor Rules. This lbatnro indicated as tho utmcbod nmp, received by this Office an Novanibar 24, IM is suWot t to protuction unt the Netise Buffisr Rulac Ibis Project IS Mrerenccd by this Oflice as NOR-RRU 154, .4 Pletso notes depcMtAg an the linear feet or aQleagq lttvolved In this P%jcct, there may be jurirdiedo? •° wralsnde a waters that cry require oottamence with the Carps arrm This: letter only addresses i • applicability of tbt,Nem a BufktRigm in addition, Ste requested sewer eascmcnt has bean referral to 1+ ,,' John Uorney at QWQ's Biolo>sical Laboratory. (733-1781)_ ^r T wnk you for your attention to this matter and if this O4Acw can be of any hwsistanoc or you hr additional questions, plcaee do not hesfteto to contact me at 571-4700. Steve Mitcbcll Favaonumntal Scientist ca: RRCWJohn Dorney stn/du HA nouse.buWwiuw-154 J -d 1ap7 V AManr a,pV¦, a,.Rf T ar, ewu1.r, N& ." GWaK,ww i/7 W r„7w202"79?7a F"W"71d71e wM qMLC/ MYUWMTiw? Md•EMW CUPLWVaR-son McrctedtOy,re.r-e vraa wan E093-See-61B ijauvzS ?a?t:a? dgy:II ZO 90 xf4 U.S. ARMY CORPS OF ENGINF.ERS Wilmington District Action 10- 199920510 County; Wake - 110T1Fi<CAT1ON Oy JURMICTIONAL DETERMINATWN prop, AntkorirA Owner - Agen - Oak ttn NAM CINGWY Addreas 'te 4 Address tD..er MUS SM 400 C Telephone Naaabor 9 [ Telephone Ntrmbet i - • The property is apprvtematdy 31 mom in size eed is located east of Eva Mae Dora. appto1dmatelY 1500 feet south of Poole Road (SR 1007), in Raleigh, Wake CotmtY. Norlli Camlhm The site is sdjaeent to an unnsmW tributary of Wolnurt C mck above beadwaters, in the Ne use River Bum Judkeft which wo sanoalY 0 7'horo mo waters of the U.8., so include vvedwds, ao the shave described property aboard be dellneated and surveyed. 7" surveyed wetland lints must be va bad by our. staff before the Corps will nuke a fiml jarisdiational debsmyaatlon an yow propedy. 0 Qseaum of the site of your popoRy and our pent workload. our idaatif nstioa and dQuearum of your wetlands censot be accomplished in a timely moaner. You may wish to obtain a eeasuluat to obtain a mo%' wild delineation of rho vmdrwds. Ones the vopsnltant has fl*1Vd x wetland lime on the property, Co" reviow it, and, If it is aeeure* we abrongly re00mmond that you have the live survarA for final approval by the Corps. The Corps will net make a final jurisdictional determination on your property without an approved wrvey. d( The waters of the U.S. to include wetlands, on yaw lot have been delineabed, nod the Morita of the Corps jtabdiation time boos sarpWned IS you. Union that is a olump is the law or our published mss. this datorenioation may be relied upon fora period not to excood five Years f -om riot dab of this aotifientim. 0 Thom are no wwra of the U.S. to include wetlands, present an the above described property which arc subject to the permit mluize is of Station 404 of the Close Water Act (33 USC 1344). Unlees dwc is a chanip in the law or our published ragubdims, this determination maybe relied upon for a parlod not mg, csd frvo yeas f ern iho due of this notifleation. A This project Is located in the Neuvc river basis. You sbould contact the North Carolina Divisien of Water Qvdity ` at (919) 733-1786 to debtmine additional retlufterneatr specific to this river basin. Macemeut of dredlted or M material in wetlands on this property without a Departneut of the Army Permit Is in moat cares a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not reaubmd for werk on the property restrktod endnbr to exbdog high grossed. If you Mve any gweetiom rgow4lslg the Corps of FAV=cers lretalsitory per' s. please contact Todd Tuawel at telepkone number Project Manager pate ?&xplratlon Doto tvia?43L394 ??- QMVRY PLAT OWL WMLD SRXTCIiI OF TIM bESCRUMD PROPERTY AND TEX WXMAND UNI.I M ATION FORM MUST NZ ATTACH D TO TBXYELLOW (FU Z) COPY OF THIS FOi&- a•? seta-see-ate Iso?eas +ase? dg;tlt 20 So Jew Personal Account Information Redacted