20021123 Ver 1_COMPLETE FILE_20020712

Michael F. Easley, Governor
?0 w a rF9 William G. Ross Jr., Secretary
0 pG North Carolina Department of Environment and Natural Resources
y Alan W. Klimek, P.E. Director
Cl) Division of Water Quality
> -I
Mr. Douglas Ball
1027 Highway 70 West, Suite 225
Garner, NC, 27529
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Ball:
September 6, 2002
DWQ# 02-1123
Wake County
You have our approval, in accordance with the attached conditions, to place fill in 0.0564 acre of wetlands and 131 linear feet of
intermittent streams and to impact 9,656 square feet of protected Neuse Buffers in order to construct a road crossing associated with the
Highland Trails subdivision in Wake County, as described in your application received by the Division of Water Quality on July 12, 2002.
After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3362, which
can be downloaded from our web site at http•//h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit
Number 39 when issued by the U.S. Army Corps of Engineers. 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 permit expires unless otherwise specified In the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or In the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional conditions
listed below:
1. An additional condition Is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream
buffers;
2. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within
50 feet of all streams and ponds. 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). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands .
3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification
has been completed.
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 6714, 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 call Steve Mitchell or Debbie Edwards in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central
Office at 919-733-9721. Questions regarding stormwater should be directed to Todd St. John at 919-733-9584.
Sincerely,
I ,'
Klime, P.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
. is
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWO Regional Office
Central Files
File Copy
Sean Clark/Kevin Martin, 11010 Raven Ridge Road, Raleigh, NC, 27614
021123
021123
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
6508 Falls of the Neuse Road
Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 39, 401 Water Quality Certification, Buffer
Compliance Request
Highland Trails
Garner, Wake County, North Carolina
S&EC Project #: 99-4502
Dear Mr. Dorney and Ms. Jones:
On behalf of Douglas Ball (property owner), we hereby request
authorization from the US Army Corps of Engineers to utilize Nationwide
Permit 39 to cover permanent impacts to a buffered intermittent stream
channel and an adjacent wetland (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 Riparian Buffer Rules
(Buffer Rules). A Pre-construction Notification Application (PCN) is
attached, which includes an agent authorization form.
The proposed project consists of a residential housing development and is
located north of Williams Store Road (SR 1010) approximately 1600 feet
east of the intersection of Williams Store Road and Rand Road (SR 2728).
The project site is approximately 93 acres in size. Please refer to the USGS
J
r
V ?
t- ?
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
Attn: Ms. Amanda Jones
July 12, 2002
S&EC Project #: 99-4502
Page 2 of 3
topographic map attached for the location of the project. A detailed
delineation was performed by S&EC prior to developing the site plan. Mr.
Charles Brown of the NC Division of Water Quality determined the
subjectivity of the streams on property to the Neuse Buffer Rules on January
13, 2000. His findings are discussed in the attached copy of his January 18,
2000 letter (NBRRO 00-002). A courtesy notification was submitted to the
USACE and the NC-DWQ on March 13, 2000 for the previous Phase I
impacts. Previous project impacts included 85 linear feet of stream channel,
0.07 acre of wetland, aid less than 1 /3 acre of riparian buffer and were
below the thresholds of notification at that time (see figure 1). The NC-
DWQ permitted the crossing on March 30, 2000 (DWQ Project #000334).
The proposed road crossing is necessary to access an upland portion of the
property otherwise isolated due to jurisdictional features. The proposed road
crossing will impact 131 linear feet of buffered intermittent channel and
0.0564 acre of adjacent emergent wetlandt Proposed buffer impacts will`
total 9,656 ft2 (i.e. less than 1/3 acrey Past and proposed impacts total: 216
Linear Feet (131 proposed, 85 past) to intermittent buffered stream channels,
0.1264 acre (0.0564-acre proposed, 0.07-acre past) to jurisdictional
wetlands, and less than 1 /3 acre of riparian buffer impacts per channel on
two separate tributaries.
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 a discharge 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 and streams to the
maximum extent practicable. Approximately 17.90 acres of the property are
contained in Open Space, some of which is within the Neuse Buffers.
Because the site plan has avoided and minimized impacts to the maximum
extent practicable, we do not expect the USACE to require compensatory
mitigation for this project. If for some reason mitigation is required,
payment to the NC Wetland Restoration Program is proposed.
July 12, 2002
S&EC Project #: 99-4502
Page 3 of 3
NC-DWQ's current policy does not require mitigation for cumulative
wetland impacts less than 1 acre or for cumulative stream impacts to
perennial streams less than 150 linear feet per project. Because the
cumulative permanent impacts to channels are to intermittent channels only,
and cumulative wetland impacts only total 0.1264 acre, we believe that
neither wetland nor stream mitigation should be required by NC-DWQ. The
proposed site plan will impact less than 1/3 acre of buffers per tributary on
two tributaries (an "allowable" activity). For this reason no buffer
mitigation requirements are expected.
Please call (846-5900) or email me (SClarknaSandEC.com) if I can answer
any questions or be of any further assistance.
Sincerely,
dai
Sean Clark
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Agent Authorization Form
USGS Site Vicinity Map
Over-all Impact Map
Enlarged Impact Map
Data Forms (Upland and Wetland)
Copy of Buffer Confirmation letter
Copy of Approval of Neuse Buffer Rules letter for previous impact
$475 check for DWQ
Office Use Only: 02 11 n 3Orm Version May 2002
USACE Action ID No. DWQ No. L J
(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: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
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: Douglas Ball
Mailing Address: 1027 Highway 70 West
Suite 225
Garner NC 27529
Telephone 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 Ridt;e Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number: (919) 8469467
E-mail Address: SClarkASandEC.com
Fax Number:
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 fonnat;
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: Highland Trails (Phase II)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1609519213
4. Location
County: Wake Nearest Town: Garner
Subdivision name (include phase/lot number): Highland Trails
Directions to site (include road numbers, landmarks, etc.): The site is located north of
Williams Store Road (SR 1010) approximately 1600 feet east of the intersection of Williams
Store Road and Rand Road (SR 2728).
5. Site coordinates, if available (UTM or Lat/Long): Zone 17, 713440m E, 3947800M N
(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): 93-acres total in entire tract (Phase 1 and 2)
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Swift 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 western portion of the property Phase 1) has been and
is being developed for residential use as previously submitted (see "Prior Project History"
section below). Surrounding properties are residential agricultural and/or forested.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The entire
project (Phases 1 and 2) is a residential subdivision. The subdivision will require the
installation of utilities (i.e. roads, electrical, etc.) typically required for residential areas.
Heavy machinery typically used for road and house construction will be employed on this
11. Explain the purpose of the proposed work: The purpose of the project is to provide
additional single-family housing for the area. The purpose of the proposed road is to provide
access to a portion of the property that is otherwise isolated.
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.
Mr. Charles Brown of the NC Division of Water Ouality determined the subjectivity of the
streams on property to the Neuse Buffer Rules on January 13, 2000. His findings are discussed
in the attached copy of his January 18, 2000 letter (NBRRO 00-002). A courtesy notification
was submitted to the USACE and the NC-DWO on March 13, 2000 stating, that the proposed
impacts, 85 linear feet of stream channel, 0.07 acre of wetland, and less than 1/3 acre of riparian
buffer, were below the thresholds of notification. The NC-DWQ permitted the crossing on
March 30, 2000 (DWQ Project #000334).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future 401 or 404 permits should be required for this project.
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
Page 3 of 8
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed impact will result from
a road crossing of a stream channel and an adjacent wetland. The crossing is required to
access a portion of the property that is otherwise isolated from other upland areas on
property. Impact totals are specified in the sections below.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Wetland impact 1 Fill 0.0564 no 0 Emergent

* 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 ip//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: 3.7 acres
Total area of wetland impact proposed: 0.0564 acre current proposed + 0.07 acre
previously permitted = 0.1264 acre total
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)
Stream Impact 1 Pipe and rip-rap
dissipater 131 UT to Swift Creek + 2' Intermittent

* 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,us2s.gov, Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.co n,
www,niayqut t.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 216 Liner Feet (intermittent ehannel)
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name Wat Type of Waterbody
Site Number Type of Impact* Impact )
(if applicable)
sound,
(lake, pond estuary,
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: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The road crossine is reauired to access an upland portion of the property that would
otherwise be isolated. The road crosses the channel at a nearly perpendicular angle in order to
decrease the amount of impact. Large wetland areas were avoided onsite and preserved in
designated open space areas Impacts on site were minimized to only two road crossings.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o enr state nc us/ncwetlands/strmj?ide.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.
N/A
Because impacts were minimized and avoided to the maximum extent practicable no
mitigation is expected to be required Channel impacts are to intermittent streams and buffer
impacts are less than 1/3 acre per tributary
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/wip/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 5,920 3 N/A
2 3,736 1.5 N/A
Total 9,656 N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
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.
Buffer impacts are less than 1/3 acre per tributary
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.
Impervious acreage is less than 30% of the total acreage. Stormwater discharge will comply
with the Neuse Buffer Rules.
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 to dispose of wastewater.
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).
66_5?_ -7 It 2 /Z
Applicant/Agent's Signature / Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
MAR-09-00 WED 18:18 DOUGLAS BALL 19197723437
P. 02
AGENT AU`r1 01UZAT710N NQRM
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Pax U19) 846-946-7
Nance:..(
All Mea he Filled In B Tho t'taxrent Landowner
Address, i7W `/ 70 ?6 __. ?
772 - 232. ` , -??9 Z
Phone: ... T9
Project Name/ Description:
Date, _03A"7. Ao_
T11e Dcpaa tnient of the Army
U.S..Ara'iy Corp;, of n.gineers, Wilmington District
P.O. Box
Wilmington, NC 28402
Attn: _ -1FD i:>t-D 766-vie L r -
Field Office:. 1 6 H -
Re: Wetlands 'Rebated Consulting and FerMitti.r.g
To Whom It May Concern:
I, the current ro t owner, hereby designate and authorise Soil & Envirorunental Consultants, IAtc- to
act in my b(Ahal.f as 1ny agent in the processing of permit applications, to furnish upon request ctHy of
supplemental information in support of applications, etc, from this day forward. The
This notification supersedes any previous coirespond.ence concernirig 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 call S&EC
to arrange a site meeting prior to visiting the site,
Print Property Owner's Name Pro ,6rty ner's Signature
CC,. Mr, Jollri Dorriey cc: Mr. Kevin Martin
NCD874 R- NR - DWQ, Water Quality Planning Soil & ErivironmentaJ. Consultants, Iaic.
4401 Reedy Crcclt kuja h
Raleigh, NC 27607 agent.trm
SUCIi`1u= [:. ili)•ilican 73 Mapping and Physical :r.nuivsis M Wcrlands Mlppirrg and Mitigation 67 En%•ironlncrncll
,?_ +w., •r..,.. r......?? Cvu?n.v,a I-, •?I?i:??inn ar)d Uesiun
C'ree,
LAKE WHEELER QUADRANGLE
NORTH CAROLINA-WAKE C0:?k
7.5 MINUTE SERIES (TOPOGRAPHIC) Jo I
NW/4 GARNER 18' DUADRANOLE V
\ V Douglas Ball / Highland Trails /
Garner, NC - i
j S&EC #994502 \ -
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SCALE 1:24 000
1 ?- z 0 1 MILE LAKE WHEELER, N. C.
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET NWA GARNER 15' QUADRANGLE
35078-F6-TF-024
1 5 0 1 KILOMETER
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CONTntm INTERVAL 10 FEET
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Imp_ act 1
Proposed Stream Impact = 131 Linear Feet (intermittent)
Proposed Wetland Impact = 0.0564 acre
Proposed Buffer Impacts = 0.2217 acre

PEN
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GRAPHIC SCALE
1 ' = 30'
0 30 60
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(A-AND
Delineation Performed by: Soil & Environm 11 6th Consultants, Inc.
244 West Millbrook Road
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: NY14 T AC Date: 41/2/99
Applicant/ Owner. CommvvirY RCRCR7/?f County: W101
uAeK State: 414
Investigator: ?Zy p?; -I FA
w,. w.//
Do normal circumstances exist on the site? es No Community ID:
Is the site significantly disturbed Yes Transit ID:
(A typical situation)?
Is the area a potential problem area? Yes (nJ Plot ID:
(If needed, explain on reverse.)
a=
5t
7' I[? Dominant Plant Svecies

9. [ 00,ft9A J?ADNICR
Ind ator
F
r F?L 10.C,440105 C41001l0A S/T fA?
:
I-_ F,?tJ 11.C/lRyA Tir?eN7?SA 7 N1
FACV- 12. T rteX 00
13.
14.
15.
f,}C 1/ 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-):
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: A11,4 (in.)
Depth to Free Water in Pit:
Depth to Saturated Soil:
Remarks:
N14 (in.)
11/R
(u1.)
Wetland Hydrology Indicalm:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
c ondarv indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
WLdata.frm
VEGETATION
SOILS
Map Unit Name
(Series and Phase): AIMFOLK `o,%V S6NO Drainage Class:
Field Observations
Taxonomy (Subgroup): T!'P/G 15WI-C vcyLT Confirm Mapped Type? es No
tion
Profile Descrip
Dglzth Matrix Color Mottle Colors Mott1? Texture. Concretions,
(Mansell Moist) (Munsell Moist) Abundance,/ Contrast Structure etc.
Lik /? RS/3 457
f0-0 E 2.5Y s
tit Btu /OY?P ??g s'cL
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Remarks:
It'll X7?R? Or 01691ndW 'V 6oi9S74G 1011IV 01a 0/4/ t1li-AA14W
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? ® No
Wetland Hydrology Present? Yes M
Hydric Soils Present? Yes [1 0
Is This Sampling Point Within a Wetland? Yes oo
Remarks:
? as
LL 0 -o
1a
? PlC7i't?'r?G
WLdata.frm
Delineation Performed by: Soil & Environmental Consultants, Inc. "r7Gt'?rN,4
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
-4a 415-ol,
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
? T -IAICT Date. 9?i2?`I9
Project/Site:
Applicant/ Owner: i2"AVVN11V IAL,o?K 14r Stater. NG e
investigator: W 41/ „ y
MIN Do normal circumstances exist on the site?
Is the site significantly disturbed
(A typical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Indicator
dominant Plant S Jes
w?o??ap?a 106" g
1 Stratum
H oB
.
2. XMn A'414 GM'?'0 *9 e H Fi¢cA/t
3A9y,V01N1W17 lIZ-10 H / t
4. J yNcuc 9666 of -?-- ? yl
5.Uurlvi kwe c#104
• ? C t t
MIN,
_ f
7.1146-6001-1
S
8. SCE; Uft. UY?, Y -
10
11
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): /?D . o
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
_ No Recorded Data Available
Field Observations:
Depth of Surface Water: (m•)
Depth to Free Water in Pit: (m•)
Depth to Saturated Soil:
(m•)
Remarks:
Li j S No Community ID:
Yes Transit ID:
Yes [IQ? Plot ID: WE f ,00 (NEAa no Sid
????thnd y roloevv Lndicators:
I: ,,•;,narv Indicators:
X 9 Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
5ccondary bd_icators: (2 or more required)
X Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
X Local Soil Survey Data
X- FAC Neutral Test
Other (explain in remarks)
WLdata.frm
SOILS
Map Unit Name A??tY
(Series and Phase): WAHAO&E Drainage Class:
Field Observations
Taxonomy (Subgroup):=Lv?ApUENT?G lNl?©/?Qd?P'TS Confirm Mapped Type? No
Profile Description
Dcptb Matrix Color
(ins.) ?i?i?u (Mla:Y2Moist)
(o o ? 2
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
X Aquic Moisture Regime ;K- Listed on Local Hydric Soils List
X Reducing Conditions X Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (explain in remarks)
Remarks:
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? 1rd No
Wetland Hydrology Present? ® No
Hydric Soils Present? O!R No
Is This Sampling Point Within a Wetland? [V@ No
Remarks:
ELL p?Fr?'SlMottle Colors Mottle Texture Concretions,
f SOIL SC/
o ?N
(Munselll Moist) Abundance/Contrast qtr ctur tr.
OF-NOW
WLdata.frm
00 (TUE) 10 : 39 NCDENR RRO
.a1cY N>f':
TEL:[phone] P-002/004
1. NQRTH CAROLINA DZPARTMzNT Or
' ENVIRONMENT AND NATURAL RBBouRCES
RALEIGH REGIONAL OFFICE
r i
OF W A. TER QUALITY
January 8, 2000
a.

. Wendel Overby
cEC, Inc.
4 West N01brook Road
lei& NC 27609

Dear Mr. Overby:
On January 13, 2000, I conducted a site visit of the stream features involved in the
above referenced project. It was determined as a result of the site visit that the water bodies
/ channels present on the property were intermittent streams and therefore subject to the
Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code T1SA:0213.0233 (NCAC
0233). The water bodies It channels and the approximate placement of the buffer area is
defined on the attached map. The water body / channel is an unnamed tributary of Lake
Benson.
This office has assigned the reference number of NBRRO 00-002 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or if
P _
WZELAM you have any additional questions concerning this letter, please do not hesitate to contact
me at 571-4700 ext. 237.
S' rely,
Charles Brown
Environmental Specialist
cc: John Dorney, DWQ
\neusbuf.let•\nbr00002.let
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 00-002
Highland Hills Tract
SR 1010
Wake County
3500 13ANFtCW DRIY[, 5UIV9 101, IM910H, MONTH CAROLINA 274100
PHoNS 019-571-4700 FAx [phone]
AN RQUAL OPMRTUHITTIAPFIRMATIve ACTION CNhLOreR -SO% RZeyGLt6110% POST-CONOUMta PAPRR
jAN. -I IV' 00(TUE) 1041 NCDENR RRO TEL:[phone] P. 004/004
2- '?? C"?? ( • i ?tl -? l pia' ?? I (( /? '? ?/ ?'?_/? ` '?4,??
IF I
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?i Ivy sel, a1 ??
-[}?'}`7•IF(?' ; - -_7,f%----,._ ^? _ _ ? `/_?? %? /?/- J?O.i-+.r`-Y" ?'• , "'??„? `tom. ' ra.J•?
% /,?
e:d r^ -, c•1r ( ? . ? ?? `?\??.1/J _ _^ ...797 / 1 .?-,:? f - .? -
=f •!• 398.' /? ` ? 1 j' '. , ?.':' ?'?• ? ? 1 1 '?" {-?/ . %? I -
l`? _ ??:ryr;<s' r '? •?w, - - ?I_l I I 1J9rGx \ ..atT?\ `.. •? I i ,,,??•I rT
,:r' '•'?'=? .\If `- c
_ ' \ a 'ri"+_ •' 'I ?plp a
'Cam
`\ I r ?' rte'`' ?\ ? •?- `? ? -.vy?Y, 1-, ?CC-•u?? ? ?? ~
-',•!?j '?' S,6FJ ill (•/I i r '?_-'•-•'_'\' _ \\• I ( ;( '' ? V ?-_- Via, _ \?1Cem `..•'F?,.? •? ?-'„mil- ??
3046
J45`/' / li, - -_ ? ( -1 _- - •c o` __ -z? ? ? ??ae ?•? Iavel CnJ I???T ? I I ( c?.,,?` ?\` c\?,,,`
. /• '? ? ,? I - ,. \\ \- ..' j ? .?` - .- _ _ r 4. ?--_?-- i ?,1 i 1 i. fiTUl,11,? `? API -^ I .__ 1 ) \ ?? \ ?I
State of North C r? a W 117-1
Department of E i hinent
and Natural Res S APR 1 22000
Division of Water Q
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 30, 2000
Wake County
DWQ Project # 000334
APPROVAL of Neuse Buffer Rules
Douglas Ball
1027 Hwy 70 West, Suite 225
Garner, NC 27529
Dear Mr. Ball:
You have our approval to impact 85 feet of riparian buffer on an unnamed tributary of Swift Creek in Wake County for
the purpose of residential construction, as you described in your application received by the Division of Water Quality on
March 15, 2000. After reviewing your application, we have decided that this project is covered by 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, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must
be given a copy of this approval letter and is thereby responsible for complying with all conditions.
If you do not accept any of the conditions of this approval, 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 approval 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 the Neuse River Buffer Rules. If you have any
questions, please telephone John Dorney at 919-733-9646.
in ely,
Stev'ens?'l
Attachment
cc: Corps of Engineers Raleigh Feld Office
Raleigh DWQ Regional Office
..'soil and Environmental Consultants Inc, 244 West Millbrook Road, Raleigh, NC, 27609
File Copy
Central Files 000334
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.htmI
SOIL & ENVIRONMENTAL CONSULTANTS, PA
11010 RAVEN RIDGE ROAD
RALEIGH, NC 27614
[phone] FAX: [phone]
PAY TO THE
$ 415 -8b
RS 12
MEMO Sot "r
0-00 ?cc
n'0 L 5 70 21i' 1:0 5 3 L00 3001:086 L 24864911'
FIRST-CITEMNS BANK 1 5 7 0 2
AND TRUST COMPANY
RALEIGH. NC 27609
66-30/53, ??