20020145 Ver 1_COMPLETE FILE_20020131

VII A T,c Michael F. Easley, Governor
0 RpG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7, Gregory J. Thorpe, Ph.D.
> Acting Director
.? Division of Water Quality
DIVISION OF WATER QUALITY
May 8, 2002
CERTIFIED MAIL:
Return Receipt Requested
Kelly West Associates, LLC
Registered Agent: Tom Mckay
1152 Executive Circle
Suite 105
Cary, NC 27511
David Sigler -Manager
Kelly West Associates LLC
201 Scotts Ridge Trail
Apex, NC 27502
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Kelly West Residential Subdivision
DWQ Project # 02 0145
Wake County
Dear Sirs:
The Division of Water Quality has reviewed your after-the-fact Certification
Application for the previous discharge of fill material into approximately 775 feet of an
unnamed tributary to Beaver Creek, Cape Fear River Basin, 0.5230 acres of wetlands. In
addition to this previous impact, your application requests an additional 66 feet and 0.3465
acres of wetland fill. This office wishes to thank you for the response to the March 13, 2002
additional information request regarding these matters.
Subsequent to the review of additional information submitted to this office, staff
concerns and questions remains. That is, insufficient evidence is present in our files
(including the additional information provided within your response to the March 13, 2002
letter) to conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are
made as described below, we will have to move toward denial of your 401 Certification as
required by 15A NCAC 2H.0507(e) and will continue to place this project on hold as
incomplete until we receive this additional information. We are requesting (by copy of this
letter) that the U. S. Army Corps of Engineers place your project on administrative hold.
In response to the March 13, 2002, additional information request, Soil and
Environmental consultants provided a response that included a color coded map dated
August 7. 2000 developed by Jones and Cnossen Engineering. PLLC. for Kelly West
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
4- .
Subdivision. Accordingly, after review of this map and the respective cover letter the
following questions remain:
1) Please clearly indicate the total area of fill for each of the previously impacted
areas and those areas that are proposed to be impacted. Also, please indicate
the location and area of the wetlands to be placed in a conservation easement.
2) Please provide details of how lots 204, 205, 206, 207, 209, 210, 214, 215, 216,
217, and 218 will be built such that additional wetland impacts, including
impacts to the wetlands to be placed in a conservation easement, will be
avoided. Specifically, please depict the footprint of the house and the
driveways for each lot.
3) Please provide an explanation of how the wetlands located in lots 204, 205,
206, 207, 209, 210, 214, 215, 216, 217, and 218 will be placed in a
conservation easement when the wetland is located within a single family lot.
4) In a letter dated March 5, 2002, the US Army Corps Engineers indicated that
the subject development may be related to an adjacent residential development
know as Greenbriar Subdivision. Please note, if US Army Corps of Engineers
determines that these projects are not separate this office will require you to
submit an account of impacts for both tracts. This information will be
required in order to complete a review of your project.
Please respond, in writing, both to this Office (attention Danny Smith) and to Steve
Mitchell at the Raleigh Regional Office, 3800 Barrett Drive Raleigh, NC 27609 within three
weeks of receipt of this letter outlining your intent to proceed with this project or withdraw
your application. If you wish to proceed, please be sure to address the items listed above.
Also, if merited, this office or the RRO will be happy to coordinate a follow up site visit or
office meeting with S&EC once this above-mentioned information is provided.
You are reminded that the Raleigh Regional Office is considering whether to issue a
Notice of Violation for violations observed on this tract. A recommendation for enforcement
action with the possible assessment of civil penalties of up to $25,000.00 per day, per
violation may occur as a result. Your response to this letter will be considered in this
decision process. If you have any questions regarding this matter, please contact Mr. Danny
Smith of the Central 401/Wetlands Unit Office at [phone], or Mr. Steve Mitchell at
[phone].
Sincerely,
John Dorney
cc:
Amanda Jones, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401/Wetlands Unit
Danny Smith, Central 401/Wetlands Unit
Sean Clark, Soil and Environmental Consultants, PA, 11010 Raven Ridge Road,
Raleigh, NC 27614
.?.- ?OF W ATF94
'O G
>
4 -?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
DIVISION OF WATER QUALITY
May 8, 2002
CERTIFIED MAIL:
Return Receipt Requested
Kelly West Associates, LLC
Registered Agent: Tom Mckay
1152 Executive Circle
Suite 105
Cary, NC 27511
David Sigler -Manager
Kelly West Associates LLC
201 Scotts Ridge Trail
Apex, NC 27502
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Kelly West Residential Subdivision
DWQ Project # 02 0145
Wake County
Dear Sirs:
The Division of Water Quality has reviewed your after-the-fact Certification
Application for the previous discharge of fill material into approximately 775 feet of an
unnamed tributary to Beaver Creek, Cape Fear River Basin, 0.5230 acres of wetlands. In
addition to this previous impact, your application requests an additional 66 feet and 0.3465
acres of wetland fill. This office wishes to thank you for the response to the March 13, 2002
additional information request regarding these matters.
Subsequent to the review of additional information submitted to this office, staff
concerns and questions remains. That is, insufficient evidence is present in our files
(including the additional information provided within your response to the March 13, 2002
letter) to conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the proposal are
made as described below, we will have to move toward denial of your 401 Certification as
required by 15A NCAC 2H.0507(e) and will continue to place this project on hold as
incomplete until we receive this additional information. We are requesting (by copy of this
letter) that the U. S. Army Corps of Engineers place your project on administrative hold.
In response to the March 13, 2002, additional information request, Soil and
Environmental consultants provided a response that included a color coded map dated
August 7 2000 devel2Red by Jones and Cnossen Engineering PLLC & Kelly West
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Subdivision. Accordingly, after review of this map and the respective cover letter the
following questions remain:
I) Please clearly indicate the total area of fill for each of the previously impacted
areas and those areas that are proposed to be impacted. Also, please indicate
the location and area of the wetlands to be placed in a conservation easement.
2) Please provide details of how lots 204, 205, 206, 207, 209, 210, 214, 215, 216,
217, and 218 will be built such that additional wetland impacts, including
impacts to the wetlands to be placed in a conservation easement, will be
avoided. Specifically, please depict the footprint of the house and the
driveways for each lot.
3) Please provide an explanation of how the wetlands located in lots 204, 205,
206, 207, 209, 210, 214, 215, 216, 217, and 218 will be placed in a
conservation easement when the wetland is located within a single family lot.
4) In a letter dated March 5, 2002, the US Army Corps Engineers indicated that
the subject development may be related to an adjacent residential development
know as Greenbriar Subdivision. Please note, if US Army Corps of Engineers
determines that these projects are not separate this office will require you to
submit an account of impacts for both tracts. This information will be
required in order to complete a review of your project.
Please respond, in writing, both to this Office (attention Danny Smith) and to Steve
Mitchell at the Raleigh Regional Office, 3800 Barrett Drive Raleigh, NC 27609 within three
weeks of receipt of this letter outlining your intent to proceed with this project or withdraw
your application. If you wish to proceed, please be sure to address the items listed above.
Also, if merited, this office or the RRO will be happy to coordinate a follow up site visit or
office meeting with S&EC once this above-mentioned information is provided.
You are reminded that the Raleigh Regional Office is considering whether to issue a
Notice of Violation for violations observed on this tract. A recommendation for enforcement
action with the possible assessment of civil penalties of up to $25,000.00 per day, per
violation may occur as a result. Your response to this letter will be considered in this
decision process. If you have any questions regarding this matter, please contact Mr. Danny
Smith of the Central 401/Wetlands Unit Office at [phone], or Mr. Steve Mitchell at
[phone].
Sincerely,
John Dorney
cc:
Amanda Jones, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401/Wetlands Unit
Danny Smith, Central 401/Wetlands Unit
Sean Clark, Soil and Environmental Consultants, PA, 11010 Raven Ridge Road,
Raleigh, NC 27614
? W A Michael F. Easley, Governor
? ?QG William Ross Jr., Secretary
'JrJ7 rolina D 15 O,ent of Environment and al Resources
Cp tom. n \ S G orThorpe, Ph.D.
> ?C ing Director
4 UG ision of W er Quality
All
F WATER QUALITY
Agri 1 19, 2002
CERTIFIED MAIL:
Return Receipt Requested
Kelly West Associates, LLC
Registered Agent:. Tom Mckay
1152 Executive Circle
Suite 105
Cary, NC 27511
David Sigler -Manager
Kelly West Associates LLC
201 Scotts Ridge Trail
Apex, NC 27502
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Kelly West Residential Subdivision
DWQ Project # 02 0145
Wake County
Dear Sirs:
The Division of Water Quality has reviewed your after-the-fact Certification
Application for the previous discharge of fill material into approximately 775 feet of an
unnamed tributary to Beaver Creek, Cape Fear River Basin, 0.5230 acres of wetlands. In
addition to this previous impact, your application requests an additional 66 feet and 0.3465
acres of wetland fill. This office wishes to thank you for the response to the March 13, 2002
additional information request regarding these matters.
Subsequent to the review of additional information submitted to this office, staff
concerns and questions remains. That is, insufficient evidence is present in our files
(including the additional information provided within your response to the March 13, 2002
letter) to conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the proposal are
made as described below, we will have to move toward denial of your 401 Certification as
required by 15A NCAC 2H.0507(e) and will continue to place this project on hold as
incomplete until we receive this additional information. We are requesting (by copy of this
letter) that the U. S. Army Corps of Engineers place your project on administrative hold.
In response to the March 13, 2002, additional information request, Soil and
Environmental consultants provided a response that included a color coded map dated
August 7. 2000 developed by Jones and Cnossen Engineering, PLLC, for Kelly West
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/
Subdivision. Accordingly, after review of this map and the respective cover letter the
following questions remain:
1) Please clearly indicate the total area of fill for each of the previously impacted
areas and those areas that are proposed to be impacted. Also, please indicate
the location and area of the wetlands to be placed in a conservation easement.
2) Please provide details of how lots 204, 205, 206, 207, 209, 210, 214, 215, 216,
217, and 218 will be built such that additional wetland impacts, including
impacts to the wetlands to be placed in a conservation easement, will be
avoided. Specifically, please depict the footprint of the house and the
driveways for each lot.
3) Please provide an explanation of how the wetlands located in lots 204, 205,
206, 207, 209, 210, 214, 215, 216, 217, and 218 will be placed in a
conservation easement when the wetland is located within a single family lot.
4) In a letter dated March 5, 2002, the US Army Corps Engineers indicated that
the subject development may be related to an adjacent residential development
know as Greenbriar Subdivision. Please note, if US Army Corps of Engineers
determines that these projects are not separate this office will require you to
submit an account of impacts for both tracts. This information will be
required in order to complete a review of your project.
Please respond, in writing, both to this Office (attention Danny Smith) and to Steve
Mitchell at the Raleigh Regional Office, 3800 Barrett Drive Raleigh, NC 27609 within three
weeks of receipt of this letter outlining your intent to proceed with this project or withdraw
your application. If you wish to proceed, please be sure to address the items listed above.
Also, if merited, this office or the RRO will be happy to coordinate a follow up site visit or
office meeting with S&EC once this above-mentioned information is provided.
You are reminded that the Raleigh Regional Office is considering whether to issue a
Notice of Violation for violations observed on this tract. A recommendation for enforcement
action with the possible assessment of civil penalties of up to $25,000.00 per day, per
violation may occur as a result. Your response to this letter will be considered in this
decision process. If you have any questions regarding this matter, please contact Mr. Danny
Smith of the Central 401/Wetlands Unit Office at [phone], or Mr. Steve Mitchell at
[phone].
Sincerely,
John Domey
cc:
Amanda Jones, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401/Wetlands Unit
Danny Smith, Central 401/Wetlands Unit
Sean Clark, Soil and Environmental Consultants, PA, 11010 Raven Ridge Road,
Raleigh, NC 27614
F NJATF
0? 9QG Michael F. Easlev
Governor
GJ 7 William G. Ross. Jr., Secretary
Department of Environment and Natural Resources
0 Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
DIVISION OF WATER QUALITY
March 13, 2002

CERTIFIED MAIL:
Return Receipt Requested
Kelly West Associates, LLC
Registered Agent: Tom Mckay
1152 Executive Circle
Suite 105
Cary, NC 27511
David Sigler -Manager
Kelly West Associates LLC
201 Scotts Ridge Trail
Apex, NC 27502
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Kelly West Residential Subdivision
DWQ Project # 02 0145
Wake County
Dear Sirs:
MAR 1 9 2192
The Division of Water Quality has reviewed your after-the-fact Application for a 401 Water Quality Certification for the
discharge of fill material into approximately 775 linear feet of an Unnamed Tributary to Beaver Creek, Cape Fear River
Basin, 0.5230 acres of wetlands, and newly proposed/additional 66 linear feet and 0.3465 acre of wetland impacts. In
accordance with 15A NCAC 2H .0506, a thorough inspection of the site has been conducted by Mr. Steve Mitchell of the
DWQ Raleigh Regional Office. Based on this review, we have determined that significant uses would be removed or
degraded by this project. Furthermore, insufficient evidence is present in our files to conclude that your project must be built
as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the
proposal are made as described below, we will have to move toward denial of your 401 Certification,as required by 15A
NCAC 2H .0507(e) and will.place this project on hold as incomplete until wareceive this additional information. We are
requesting (by copy of this letter) that the U. S. Army Corps of Engineers place your project on administrative hold.
(1) It was indicated in the application (cover letter) that past impacts include an estimated 0.6120 acres of wetland
impacts. Please detail how you determined this area. That is, since a permit was not previously secured please
specifically explain how you determined what partial footprint of the pond was to be used to determine acreage
impacts. Specifically, explain why the surface area of the pond (e.g. from aerial photography) was not used to
estimate impact acreage. (Note: The concern is that if no delineation was completed or affirmed by the Corps of
Engineers the original pond would be most appropriate method to determine and "an after the fact" impact.)
(2) It was noted during our site visit that the road footprint has already been graded and the wetlands have been
largely filled. Please indicate whether this was included in your "after the fact" calculations or whether you.
consider these impacts as a part of the new proposed fill in the application. Please be clear and modify your
application accordingly.
(3) Please provide a plan tha -;learly depicts the lots, roads, and the respective wetlands that were filled from past
impacts. You should also clearly indicate those impacts that are currently proposed such that staff can
differentiate them from wetlands that are to be avoided.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-16-0 (Mailing Address)
Page 2 of 2
(4) Also, a large amount of sediment has eroded from this site. This is evident from the gullies and rills in the back-
filled road footprint and from the deposited sediment in the adjacent wetlands and stream. The Raleigh Regional
Office intends to conduct follow-up inspections to ensure compliance with respective stream standards and
General Stormwater Permit (NCG010000) for this site.
Please respond, in writing, both to this Office (attention Danny Smith) and to Steve Mitchell at the Raleigh Regional
Office, 3800 BarreftDrive Raleigh, NC 27609 within three weeks of receipt of this letter outlining your intent to proceed with
this. project or withdraw your application. If you wish to proceed, please address the items listed above. Also, this office or
'the RRO will be happy to coordinate a follow up site visit with S&EC once this above-mentioned information is provided.
You are reminded that:the Raleigh Regional Office is considering whether to issue a Notice of Violation for violations
observed on this tract. A recommendation for enforcement action with the possible assessment of civil penalties of up to
$25,000.00 per day' 'per violation may occur as a result. Your response to this letter will be considered in this decision
process. If you have,, questions regarding this matter, please contact Mr. Danny Smith of the Central 401/Wetlands Unit
Office at [phone], or Mr. Steve Mitchell at [phone].
Sincerely,
John Dorney
cc: Amanda Jones, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401 /Wetlands Unit
Danny Smith, Central 401/Wetlands Unit
Sean Clark, Soil and Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh NC 27641
Central Files
RRO - Steve Mitchell
.- ""W
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road
Suite 120
Raleigh, North Carolina 27615
Phone: [phone]
Fax: [phone]
FAX COVER SHEET
t?Co
Date:
Message to:
From:
Total number of pages including cover page:
If all pages are not received, please call 876-8441-x • 3c)
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March 5, 2002
Regulatory Division
Action ID No. 200220547
COPY
Kelly 'V'est Associates, :LL,C
201 Scotts Ridge 't'rail
Apex, NC 27502
Dear Kelly West Associates, LLC:
Reference is made to the application dated January 30, 2002, submitted on your
behalf by Mr. Sean Clark with Soil & Environmental Consultants, tnc., requesting after-
the-fact Department of the Army (DA) nationwide permit authorisation for
approximately 0.612 acre of unreported wetland and stream channel impacts, resulting
from the construction of phases 1-3 of Kelly West Subdivision located on tho south side
of Olive Chapel Road (SR 1160), approximately 0.5 mile east of its intersection with SR
1163, in Apex, Wake County, North Carolina. The letter also requested nationwide
permit authorization for additional proposed impacts to 66 linear feet of stream channel
and 0.35 acre of wetlands for road construction and lot fill required for the remaining
phase of the subdivision.
Based upon a site visit conducted by Mr. Sean Clark of Soil & Environmental
Consultants, Inc., and Ms. Amanda Jones and Mr. Todd Tugwell of the Raleigh
Regulatory Field Office on November 21, 2001, and a review of the information
submitted in, your application, it is evident that construction of Phases 1- 3, which took
place in 1998, has resulted in the placement of fill material in approximately 0.612 acre
of waters of the U.S., which includes approximately 0.44 acre of pond and 775 linear feet
of stream channel, for residential lot development and road construction. At the time
these activities took place, existing regulations provided for nationwide permit
authorization of these impacts only following submittal of a preconstruction notification
to the Corps of Engineers listing proposed impacts to waters of the Y.J.S. As no
notification was received prior to construction of the subdivision, existing fills within
streams and wetlands on the site are in violation of permit regulations. However, due to
the minimal impact to aquatic resources associated with the existing fills and because the
total loss of waters of the U.S. was below the minimum threshold for compensatory
mitigation at the time the activity was carried out, we are taking no further action on this
matter at this time. Nevertheless, please note that for current and future permit
voonoo'd 093S# 0333 zyll 30K9n CZOG?LHT6 7:tT ZC03,6T'-tIdv

authorization requests, all past impacts will be considered when evalua
cumulative impact to the aquatic environment that has resulted from de the
subdivision.
Regarding your request for nationwide permit authorization for additional impacts
to 66 linear feet of stream channel and 0.35 acre of wetlands for road construction,
Nationwide Permit General Condition 19 mandates that projects must be designed to
avoid and minimize adverse effects to waters of the United States to the maximum extent
practicable at the project site (i.e., onsite). In order to make this determination, it is
essential that all impacts required for completion of the subdivision be identified.
Following a review of your permit application, it was determined that there may be
additional impacts that will result from development of the individual lots. Specifically,
the site development plan included with you permit application shows several residential
lots that contain wetlands or streams within apparent building envelopes. Please provide
documentation that these lots can be developed without any additional impact to these
wetland areas.
Additionally, following our review of your application, it also appears that your
proposed development may be related to the adjacent residential development known as
Greenbrier Subdivision. Nationwide permit 391imits the aggregate total loss of waters of
the U.S. for subdivisions created or subdivided after October 5, 1984, to 0.5 acre. Please
provide information that establishes Kelly West Subdivision as a separate and complete
project, including the date that the two properties were subdivided and any other relevant
information.
General Condition 19 also states that mitigation will be required when necessary
to ensure that the adverse effects to the aquatic environment are minimal. The mitigation
plan outlined in your application is insufficient to offset currently proposed impacts to the
aquatic environment. Should you choose to pursue payment into the Wetlands
Restoration Program (WRP) to satisfy additional mitigation requirements, please note
that the payment should be sufficient to provide for the restoration of 132 linear feet of
stream channel. Furthermore, additional information is required before we can evaluate
your proposed wetland preservation. Specifically, please identify the wetland areas you
intend to preserve and the specific preservation mechanism and conditions to be
employed
Your response to the above concerns is essential to our expeditious processing of
your permit application. Also, a copy of this information should be sent to the North
Carolina Division of Water Quality to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the Glean Water
Act, Please be reminded that issuance of DA authorization must precede any placement
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of excavated or fill material within any waters of the U.S. on your property. Should you
have any further questions regarding submittal of your DA permit application please do
not hesitate to contact Amanda Jones at telephone [phone], Extension 30.
Sincerely,Filename:KellyWestCL33rev.doe
C A
Jean Manuele cChM
Acting Chief, Raleigh
Regulatory Field Office
Copy Furnished:
Mr. Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Mr. John Dorney
Water Quality Section
]Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
3
D001600'd 0azg# eald live SOYSfl EZ899L86T6 Z-:?T ZCOZ,8T'IidV

7Z-;

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Facility Name Re i ank County MACON
Project Nu r Ol 153 Regiona Michael R. Parker
Date,"
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office

Department of Environment and Nat
Division of Water Quality
Attn: Danny Smith / John Dorney
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
E
f
April 9, 2002
S&EC, Inc. Project # 01-6044
DWQ Project # 02-0145
Action ID #200220547
Re: Reply to the to questions contained in the Division of Water Quality's March 13, 2002
Request For Additional Information for the existing and proposed Kelly West Residential
Subdivision, Apex, Wake County, North Carolina
Dear Mr. Smith and Mr. Dorney:
This letter is in response to your letter dated March 13, 2002 (copy attached), which requested
further information on the Kelly West Residential Subdivision. The responses are numbered to
correspond directly with your letter.
(1) The estimated past wetland impacts were derived from a past survey map that
depicted the water line of the pond prior to it being drained. As was stated on page
2, lines 7, 8, and 9 of the cover letter to the PCN, the pond's surface area was used to
calculate the amount of impacts in this area because no survey was ever completed
on the wetlands that may or may not have formed in the drained pond. Typically,
when ponds at the top of a drainage are drained, the wetlands that form in them are a
fraction of the area of the filled pond's water surface area. In many cases the
wetlands that form in the drained ponds are less than 1/2 or 1/3 the size of the
original pond surface area. In this case however the exact area of wetlands that
formed is not known, so the original pond's surface area was used. Aerial
photography was not used because it was not readily available and a survey showing
the exact water line was available.
(2) The road footprint is, as described in the last paragraph of page 2 of the PCN cover
letter, placed over the easement of an existing sewer line. Because this sewer line is
already existing, the easement has already been cleared and the necessary earthwork
required to install the existing sewer line was completed. Because the proposed road
will be placed directly over the existing sewer line, the impacts in this area were
listed under the proposed impacts instead of the existing impacts. Also, the soils in
the wetland areas are still hydric and the herbaceous vegetation is still hydrophytic,
so the previous impact of the sewer line installation would be considered temporary
in nature.
Charlotte Office: Greensboro Office:' Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 TaylorsIlle, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
vironmental Consultants, PA
• /?&~
11 aztk? Carolina 27614 • Phone: [phone] • Fax: [phone]
(3) An overall site plan showing existing lots, proposed lots, existing impacts, and
proposed impacts was attached to the original submittal. A copy of the same map is
being provided with this submittal but has highlighted areas to aid in differentiating
between past impacts, proposed impacts, and areas left in a conservation easement
(see legend on map). Also included is a larger scale map (1"= 60') that shows
building footprints for lots 207, 209-210 and 214-218.
(4) Areas were bare soil is currently exposed will be seeded with herbaceous vegetation
to decrease the amount of erosion and prevent the development of future gullies.
Additional sediment and erosion control devices can be installed to prevent sediment
from entering the stream channels. Also, these devices will be checked and
maintained after storm events to ensure that they are functioning correctly.
In addition to placing the wetlands with no proposed impacts in a conservation easement, the
proposed road crossing impact to the stream channel will require channel mitigation totaling 132
linear feet (2:1 ratio). A payment to the NC Wetland Restoration Program has been requested.
A copy of the NC-V,/RP's Preliminary Acceptance of the proposed mitigation payment is
attached. If you have any further questions or plan to visit the site, please call me at 846-5900 or
email me at [e-mail].
Sincerely,
Sean Clark
Attachments: 1) DWQ Request For Additional Information letter dated March 7, 2001
2) Copy of original PCN cover letter
3) Highlighted copy of overall site plan
4) Map showing building envelopes for lots 207, 209-210,and 214-218
5) Acceptance from NC-WRP
cc: Mr. Steve Mitchell (Raleigh DWQ Regional Office)
Ms. Amanda Jones (USACE-Raleigh Regional Office)
2
Environmental Consultants, PA
Road - Raleigh. North Carolina 27614 • Phone: [phone] • Fax: [phone]
January 30, 2002
S&EC Project #01-6044
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
US Army Corps of Engineers
Attn: Ms. Amanda Jones
6508 Falls of Neuse Road
Suite 120
Raleigh, NC 27615
RE: Nationwide Permit 39; and after-the-fact 26, and 401 Water Quality
Certification
Kelly West Residential Subdivision
Apex, Wake County, North Carolina
(UTM Coordinates: Zone 17, 3955800m E, 689650" N)
Dear Mr. Dorney and Ms. Jones:
On behalf of Kelly West Associates, LLC, (property owner), we hereby
request authorization from the US-Army Corps of Engineers to use.
Nationwide Permit 39 to cover permanent impacts to a perennial stream
channel and two jurisdictional wetland areas resulting from the construction
of the proposed final phase of the Kelly West Residential Subdivision. We
also request an after-the-fact Nationwide Permit 26 for previous: impacts to
jurisdictional features during the construction of Phases 1 and 2, as well as
confirmation from the NC Division of Water Quality (NC-DWQ) that the
project complies with the 401 Water. Quality Certification. A. Pre-
construction Notification Application (PCN) is attached, which includes an
agent authorization form.
Previous impacts to wetlands and intermittent stream channels were. not
permitted prior to construction, however, would have been permittable using
a Nationwide Permit 26. Although a wetland survey map has not been
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: [phone]
P.- (7n417?n-94n6
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
January 30, 2002
S&EC Project #01-6044
Page 2
approved, the USACE.did visit the.site on November 21, 2001 and approve
the wetland delineation of the-undisturbed areas.. The property owner
proceeded with the construction of the site unaware that prior written
approval was required. Four jurisdictional areas were. impacted, which
included a drained pond, an intermittent channel,. and two small pockets of
wetlands adjacent to the channel. These areas are shown as Previous
Impacts 14 on the attached Figure 3. Although the exact acreage of
wetlands within the pond is not.known, the surface area. of the original pond
was used to determine the impact acreage (Previous Impact 1).. The surface.
area of the. pond was. most likely larger. than the area of wetlands .that may
have formed in the bed of the drained pond,-however an exact wetland area
is not know. An intermittent.stream. channel. was also impacted (Previous
Impact 4). The stream channel length. was approximately, 775. feet in length
and approximately 5 wide. Two small wetland areas adjacent to the
impacted channel were also impacted. These two wetland areas were 0.0213
acre (Previous Impact 2) and 0.0605 acre (Previous impact 3). The. work
began in the jurisdictionalareas in 1997 (see attached bills for grading
work). Existing unpermitted impacts total 0.6120 acre of wetland; which
includes the area of the approximately 775 linear feet of intermittent
channel.
At the time of the unpermitted impacts, preconstruction approval from the
USACE and the NC-DWQ was required for wetland impacts over 1/3 acre
and for stream impacts that exceeded 150 linear feet. This site would have
then required prior approval of the site plan. At the time.of the. impacts,
wetland impacts that exceeded 1 acre per project and impacts to perennial,
important stream channels that,exceeded 150 linear feet required mitigation.
Based on the mitigation thresholds at the time, mitigation would not have
been required for the previous impacts.
The propose impacts are shown as Impacts 1-3 on the attached.maps. The
proposed road will connect the Kelly West Subdivision to the adjacent
subdivision and provide another :route to enter and exit the subdivision from
Olive Chapel Road. The proposed road corridoris placed over an existing
sewer line and in the sewer line's cleared corridor. -Impacts 2 and 3 will
impact 0.0482 acre and 0,2885 acre of wetland respectively. Impact 3 will
also impact 66 linear feet of stre,,nn.channel with a perpendicular crossing.
Proposed Impact 1 will result from lot fill on lot 278 (see attached maps).
Proposed wetland impacts total 0.3465 acre and proposed impacts to
January 30, 2002
S&EC Project #01-6044
Page 3
perennial stream channels total 66 linear feet. Total impacts for the site total
0.9585 acre of wetland, 775 linear feet of unimportant intermittent stream
channel (area included in wetland acreage), and 66 linear. feet of important,
perennial channel.
The previous impacts, as well as the proposed impacts .1 and 2, are to .
jurisdictional areas at the top of drainages.: The southern portion of the
property contains floodplain and jurisdictional wetlands that will be left
contiguous. As mitigation for impacts to jurisdictional areas the -remaining
wetlands on the southern portion. of property will be- preserved and a
conservation easement will be placed on the remaining southern portion of
property not shown on the attached map as house lots.. Also, deed
restrictions will be placed on the remainingwetlands shown on house lots.
If any additional mitigation is required, payment to the NCWRP is proposed.
Please call me or email me at [e-mail] if you have any
questions or if a site meeting will be required.
Sincerely,
C?:7 &"
Sean Clark
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
USGS Site Location Map. (Figure 1)
Soil Survey Site Location Map (Figure 2)
Subdivision Map (Figure 3)
Blow up of the proposed impacts (Figure 4)
Invoices for site. grading work (2 sheets)
Agent Authorization
Wetland and upland data forms
$475 check for 401-certification processing fee
IJ L
4F 6
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 • Phone: [phone] Fax: [phone]
www.SandEC.co" Yt
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
6508 Falls of Neuse Road
Suite 120
Raleigh, NC 27615
RE: Nationwide Permit 39, and after-the-fact 26, and 401 Water Quality
Certification
Kelly West Residential Subdivision
Apex, Wake County, North Carolina
(UTM Coordinates: Zone 17, 3955800" E, 689650" N)
Dear Mr. Dorney and Ms. Jones:
On behalf of Kelly West Associates, LLC, (property owner), we hereby
request authorization from. the US Army Corps of Engineers to use
Nationwide Permit 39 to cover permanent impacts to a perennial stream
channel and two jurisdictional wetland areas resulting from the construction
of the proposed final phase of the Kelly West Residential Subdivision. We
also request an after-the-fact Nationwide Permit 26 for previous:impacts to
jurisdictional features during the construction of Phases 1 and 2, as well as
confirmation from the NC Division of Water Quality (NC-DWQ) that the
project complies with the 401 Water. Quality Certification. A Pre-
construction Notification Application (PCN) is attached, which includes an
agent authorization form.
Previous impacts to wetlands and intermittent stream channels were. not
permitted prior to construction, however, would have been permittable using
a Nationwide Permit 26. Although a wetland survey map has not been
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: [phone]
Fax: [phone]
3 I ?? January 30, 2002
S&EC Project #01-6044
US Army Corps of Engineers
Attn: Ms. Amanda Jones
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
January 30, 2002
S&EC Project #01-6044
Page 2
approved, the USACE did visit the,site on November 21, 2001 and approve
the wetland delineation of the,undisturbed areas.. The property owner
proceeded with the construction of the site unaware that prior written
approval was required. Four jurisdictional areas were impacted, which
included a drained pond, an intermittent channel, and two small pockets of
wetlands adjacent to the channel. These areas are shown as Previous
Impacts 1-4 on the attached Figure 3. Although the exact acreage of
wetlands within the pond is not.known, the surface area of the original pond
was used to determine the impact acreage (Previous Impact 1).. The surface
area of the, pond was most likely larger than the area of wetlands.that may
have formed in the bed of the drained pond, however an exact wetland area
is not know. An intermittent.stream.channel, was also impacted (Previous
Impact 4). The stream channel length was approximately 775 feet in length
and approximately 5 wide. Two small wetland areas adjacent to the
impacted channel were also impacted. These two wetland areas were 0.0213
acre (Previous Impact 2) and 0.0605 acre (Previous Impact 3). The. work
began in the jurisdictional areas in 1997 (see attached bills for grading
work). Existing unpermitted impacts total 0.6120 acre of wetland; which
includes the area of the approximately 775 linear feet of intermittent
channel.
At the time of the unpermitted impacts, preconstruction approval from the
USACE and the NC-DWQ was required for wetland impacts over 1/3 acre
and for stream impacts that exceeded 150 linear feet. This site would have
then required prior approval of the. site plan. At the time of the. impacts,
wetland impacts that exceeded l acre per project and impacts to perennial,
important stream channels that exceeded 150 linear feet required mitigation.
Based on the mitigation thresholds at the time, mitigation would not have
been required for the previous impacts.
The propose impacts are shown as Impacts 1-3 on the attached maps. The
proposed road will connect the Kelly. West Subdivision to the adjacent
subdivision and provide another route to enter and .exit the subdivision from
Olive Chapel Road. The proposed road corridor-is placed over an existing
sewer line and in the sewer line's cleared corridor. Impacts 2 and 3 will
impact 0.0482 acre and 0.2885 acre of wetland respectively. Impact 3 will
also impact 66 linear feet of stream channel with a perpendicular crossing.
Proposed Impact 1 will result from lot fill on lot 278 (see attached maps).
Proposed wetland impacts total 0.3465 acre and proposed impacts to
January 30, 2002
S&EC Project #01-6044
Page 3
perennial stream channels total 66 linear feet. Total impacts for the site total
0.9585 acre of wetland, 775 linear feet of unimportant intermittent stream
channel (area included in wetland acreage), and 66 linear feet of important,
perennial channel.
The previous impacts, as well as the proposed impacts .1 and 2, are to
jurisdictional areas at the top of drainages. The southern portion of the
property contains floodplain and jurisdictional wetlands that will be left
contiguous. As mitigation for impacts to jurisdictional areas the remaining
wetlands on the southern portion, of property will be- preserved and a
conservation easement will be placed on the remaining southern portion of
property not shown on the attached map as house lots., Also, deed
restrictions will be placed on the remaining wetlands shown on house lots.
If any additional mitigation is required, payment to the NCWRP is proposed.
Please call me or email me at [e-mail] if you have any
questions or if a site meeting will 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)
Subdivision Map (Figure 3)
Blow up of the proposed impacts (Figure 4)
Invoices for site, grading work (2 sheets)
Agent Authorization
Wetland and upland data forms
$475 check for 401-certification processing fee

NNA
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:Hwww.saw.usace.at-mv.mil/wetlands/Penn 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.armv.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://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 [phone].
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 I 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 [phone]. 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 USAGE 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 USAGE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.anny.roil/wetlands/nwpinalFedReg.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 lexceeded, 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:/Ah2o.ehnr.state.ne.us/ncwetlands/fees.htmi. 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: 39, and after-the-fact 26
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: Kelly West Associates, LLC
Mailing Address: 201 Scotts Ridge Trail
Apex, NC 27502
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Clark
Company Affiliation: Soil & Environmental Consultants Inc.
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 3 of 12
-
111. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and goads. 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: Kelly West Residential Subdivision
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0721993542
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): Kelly West
Directions to site (include road numbers, landmarks, etc.):_ The property is located south of
Olive Chapel Road (SR 1160) and is approximately 1000 ft east of the intersection of Apex
Barbeque Road (SR 1162) and Olive Chanel Road (see attached copy of the USGS site
vicinity map).
5. Site coordinates, if available (UTM or Lat/Long): Zoi
(Note - If project is linear, such as a road or utility line,
coordinates for each crossing of a distinct waterbody.)
17.3955800m
a sheet that separately lists the
6. Describe the existing land use or condition of the site at the time of this application: The
property contains a sewer line easement but is np marily forested. A gas line easement runs
along the western property line.
7. Property size (acres): 33.71 acres
8. Nearest body of water (stream/rive:r/sound/ocean/lake): UT to Beaver Creek and Beaver Creek
Page 4 of 12
9. River Basin: Cape Fear River Basin
(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.ne.usfadmin./maps/.)
10. Describe the purpose of the proposed work: The proposed work will provide housing, and
the required infrastructure required by a residential development, for residents of the Town of
Apex.
11. List the type of equipment to be used to construct the project: Equipment used for the
proposed work will include machinery typically used for the construction of houses and the
installation of roads and utilities.
12. Describe the land use in the vicinity of this project: The surrounding properties are
residential, forested, or 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.
Previous impacts to wetlands and intermittent stream channels were not permitted prior to
construction, however, would have been permittable using a Nationwide Permit 26. Although a
wetland survey map has not been approved, the USACE did visit the site on November 21, 2001
and approve the wetland delineation. The property owner proceeded with the construction of the
site unaware that prior written approval was required. The site contained a pond, which was
drained at the time of purchase by the current landowner. Although the exact acreage of
wetlands within the pond is not known, the surface area of the original pond is used as the impact
acreage listed below. The proposed road impacts utilize an existing sewer corridor, which was
installed to service the adjacent Greenbrier residential subdivision.
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: Other than those listed below, no other additional permits are expected for this
project
Page 5 of 12
-.Y
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Impact I Fill 0.0098 No +300 Emergent
Impact 2 Fill 0.0482 No +250 Emergent
Impact 3 Fill 0.2885 No 0
- EmergentBottomland
hardwood
Previous Impact 1 Fill 0.4412 No +715 Drained pond/Emergent
Previous Impact 2 Fill 0.0213 No +300 unknown
Previous Impact 3 Fill 0.0605 No ±5Q unknown
Previous Impact 4 Fill 0.0890 No 0' Unimportant channel
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanixd 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 Agencyis (FEMA) Flood Insurarce 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: +/- 5 acres
Total area of wetland impact proposed: 0.3465 acre proposed (0.9585 acre total)
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 (please secify)
Previous Impact 4 fill 775 UT to Beaver Creek +5
- Unimportant /
intermittent
Impact 3 Pipe/fill 66 UT to Beaver Creek +5 perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/'straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the, USGS at 1-800-358-9616, or online at
Page 6 of 12
www.us, ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.am3,
wwwmavaucst.eon, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
66 LF to important /perennial channel (proposed)
775 LF to unimportant /intermittent channel (previously impacted)
841 LF total
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
As stated above and discussed in the attached cover letter, the property owner was unaware
that preconstruction approval was needed for the project Several jurisdictional areas have
already been impacted and total 0.6039 acre The proposed road impacts will be placed within
existing sewer line corridors that have already been cleared. The large portion of floodplain and
wetland on the southern portion of the property is being avoided and a conservation easement
Page 7 of 12

will be placed on the remaining _wetlands. The project's open space will total approximately 14
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 valuers 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
bttp://'h2o.enr.state.nc.us/ncwettands/,;trrngide.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 previous impacts, as well as the proposed impacts 1 and 2 are to jurisdictional areas
at the top of drainages. The southern portion of the property contains fl oodplain and
jurisdictional wetlands that will be left contiguous As mitigation for impacts to
jurisdictional areas the remaining wetlands on the southern portion of property will be
preserved and a conservation easement will be placed on the remaining southern portion of
property not shown on the attached map as house lots Also deed restrictions will be placed
payment to the NCWRP is propo:;ed.
Page 8 of 12

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:/ili2o.enr.state.nc.usiw,piindex.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
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 [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 (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
(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:
Page 9 of 12

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 N/A
2 NIA 1.5 N/A
Total N/A N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Lone 1 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.
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.
The impervious surface for the project will be less than 30 %.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (anon-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The site ties into existing sewer lines
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 ?
Page 10 of 12
x
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).
January 30, 2002
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
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: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
I Q
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
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: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] 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: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
NEW HILL QUADRANGLE a
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Project Date:
Mgr.: SC 11001
Figure 1- Location Map
Kelly West
Jones & Cnossen
Apex, NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
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KENNETH WEST
(H) 362-6488
(M) 740-4543
December 31, 1997
Kelly West
Atten: Stuart Jones
KENNETH WEST, INC
8721 HOLLY SPRINGS 1kOAD
APEX, N.C. 27502'
387-1190.
STATEMENT
1 Clearing 3.2 Acres @ $ 2,700.00
2 Topsoil 4,687 CY @ 2.75
7 Sediment Basins 5 EA @ 850.00
8 Construct Entr 1 EA @ 500.00
9 Mucking 1,666 CY @ 6.00
11 Stone stabilization 71.05 Tns @ 20.00
Total Bill
Less 10% Retainage
Total Amount Due
Thank you,
ed
Gra cng
JOEL WP-ST
(H)772-4886
(M) 280-6673
$ 8,640.00
12,889.25
4,250.00.
500.00
9,996.00
1,421.00
3,769.63
$ 33,926.62./
A ROVEW
02 2;!1998 18:27
KENNETH VPEST
;H)362-6488
;M) 740-4543
Kelly West Phase I
Febnt sly 27, 1998
STATEMENT
9196621286 JOEL WEST
KENNETH WEST, INC
8721 HOLLY SPRINGS ROAD
APEX. N.C. 27502
387-1190
Common excavation
Muddng
Stone
Sediment Basin
6,800 CY @ $ 2.85
2,300 CY Q 6.00
59.4 TN@ 20.00
1 EA @ 850.00
Total Amount Due
Less 10% Retainage
Total Amount Due
IWI-4
PAGE 01
Grading
JOEL WEST
(H) 772-4886
(W 290-6673
$ 19,380.00
13,800.00
1,188.00
850.00
$ 35,218.00
3,521.80
$ 31,696,20
AP ROVED
Thank you, ?,
Nov 19 01 02:34p
Nov 19 01 02:27p
,r4, ,
Nov 19 01 12:5Cp
„*u ttf :)1 10040
1)t)9I20R! $4:17
Stuart Jones
Stratford Woods LLC
FqX NO.
5tratf Ord Wood•$ LLL
Stuart Jones
919e46Yr67 svr,
919 387 3375 p.2
19191363-6521 p.1
Mar. 09 2001 11:53AM P4
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419 397 :911716 P.1
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In t>w)11r>??OS t+.•. (3361 Sao-IUS f?c; A?jl O)
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Kelly West Residential Subdivision S&EC Project#01-6044w Date: May 10, 2001
Applicant/Owner: Kelly West Associates, LLC
Investigator: Sean Clark County: Wake
State: North Carolina

Do Normal Circumstances exist on the site? X Yes _No
Is the site significantly disturbed (Atypical Situation)? -Yes X No
Yes XNo
Is the area a potential Problem Area? Community ID: wetland
Transect ID:
Plot ID: below flag 525A
_
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Woodwardia virginiana Herb OBL 9. Quercus phellos Tree FACW-
2. Woodwardia areolata Herb OBL 10. Quercus nigra Tree FAC
3. Osmunda cinnamomea Herb FACW+ 11. Acerrubrum Tree FAC
4. Juncus effusus Herb FACW+ 12. Liquidambarstyraciflua Tree FAC+
5. Smilax rotundifolia Vine FAC 13. Lidodendron tulipifera Tree FAC
6. Toxicodendron radicans Vine FAC 14.
7. Chionanthus virginicus Shrub FACU 15.
8. Aronia arbutifolia Shrub FACW 16.
Percent of Dominant Species that are OBL, FACW,or FAC (excludin g FAC- : 92%
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-,Stream, Lake or Tide Gauge Primary Indicators:
.Aerial Photographs Inundated
-Other XSaturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available Drift Lines
XSediment Deposits
XDrainage Patterns in Wetlands

Field Observations: Secondary Indicators (2 or more required):
XOxidized Root Channels in Upper 12 Inches
Depth of Surface Water: -,Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: 11 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: 11 (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
I
Project/Site: Kelly West Residential Subdivision S&EC Project #01-6044w Plot ID: below flag 525A
SOILS
Map Unit Name Drainage Class: poorly
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Typic Fluvaguentic Confirm Mapped Type? _ Yes - No
Profile DescriDtion:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-5 A 10YR 2/1 Loam
5-12 B 10YR 4/2 Silty loam
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfdic Odor -Organic Streaking in Sandy Soils
XAquic Moisture Regime XListed on Local Hydric Soils List
-Reducing Conditions XListed on National Hydric Soils List
XGleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present?
X Yes _No
Is this sampling point within a wetland?
Wetland Hydrology Present?
Hydric Soils Present?
X Yes _No
X Yes _No
X Yes _No
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Kelly West Residential Subdivision S&EC Project #01-6044u Date: May 10. 2001
Applicant/Owner: Kelly West Associates, LLC County: Wake
Investigator: Sean Clark State: North Carolina

Do Normal Circumstances exist on the site? X Yes _No Community ID: upland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Yes X No
Is the area a potential Problem Area? Plot ID: above flag 509A
-
If needed, explain on reverse.) I
VFGFTOTInN
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Polystichum acrostichoides Herb FAC 9. Quercus albs Tree FACU
2. Toxicodendron radicans Vine FAC 10. Quercus nigra Tree FAC
3. Smilax rotundifolia Vine FAC 11. Acer rubrum Tree FAC
4. Lonicera japonica Vine FAC- 12. Liquidambar styraciflua Shrub FAC+
5. Pinus taeda Shrub FAC 13.
6. Liriodendron tulipifera Shrub FAC 14.
7. Chionanthus virginicus Shrub FACU 15.
8. Corpus florida Shrub FACU 16.
Percent of Dominant Species that are OBL, FACW,or FAC (excludin g FAC- : 66.6%
Remarks: very thick vegetation
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-Stream, Lake or Tide Gauge Primary Indicators:
_Aerial Photographs -Inundated
-Other -Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands

Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 (in.) -Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: 20+ (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: 20+ (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Project/Site: Kelly West Residential Subdivision S&EC Proiect #01-6044u Plot ID:,' above flag 509A
SOILS
Map Unit Name Drainage Class: moderately-well
(Series and Phase): Creedmoor Silty Loam Field Observations
Taxonomy (Subgroup): Aquic Haoludult Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-9 Ap 10YR 5/4 Sand loam
9-18 B 10YR 5/4 Clay loam
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
-Reducing Conditions -Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _No Is ;this sampling point within a wetland?
Wetland Hydrology Present? -Yes X No I I Yes X No
Hydric Soils Present? -Yes X No
Remarks:
SOIL & ENVIRONMENTAL CONSULTANTS, PA FIRST-CITIZENS BANK 1 5 3 2 7
11010 RAVEN RIDGE ROAD AND TRUST COMPANY
RALEIGH, NC 27614 RALEIGH, NC 27609
[phone] FAX: [phone]/531
1/1 1/2002
PAY 70 THE NC Division of Water Quality $ * *475.00
ORDER OF 475.00
Four Hundred Seventy-Five and 00/100*************************************************'?fYbLLARS 8
3 NC Division of Water Quality
MEMO Job # 6044
11101S327115 CO 5 3 L00 3001:086 1 24864911'
Date: ?? J ?l/ ?' 0-2-
To: >t?fO Steve Mitchell
?FRO Ken Averitte
QWaRO Deborah Sawyer
QWiRO Joanne Steenhuis
[]WSRO Jennifer Frye
QARO Mike Parker
[jMRO Pete Colwell
From:
Project Name
DWQ Project Number Z D / tf_
County &
r 1141 Telephone (919) 733-
Tile file attached is being forwarded to you for your evaluation. Please call if you need
asristance.
© Stream length impacted
M Stream determination
nWetland determination and distance to blue-line surface waters on USGW topo maps
?ilLnimizatiordavoidance issues
E] Suffiw Rules (Meuse, Tar Pamilco, Catawba; Randleman)
© Pond fill
-?tion Ratios
Dkhin9
QAaethe strearn and otvretland mitigation sites available and viable?
© Check drawings for accuracy
f-I Is ]tie aoofication consistent with ore-application meetinos?
49
Entity Names
N
http://www.secretary.state.nc.us/corporations/Corp.asp?481743
THE SECRETARY OF STATE
t rD ,,canons
Date: 3/11/2002
Document Filings
Corporation Names
Name
KELLY WEST ASSOCIATES LLC
Limited Liability Company Information
SOSID: 0391782
Status: Current-Active Name
Date Formed: 3/21/1996
Citizenship: Domestic
State of Inc.: NC
Duration: DEC 2035
Registered Agent
Agent Name: McKay. Tom
Registered Office 1152 Executive Circle
Address: Suite 105
Registered Mailing
Address:
Cary NC 27511
1152 Executive Circle
Suite 105
Cary NC 27511
Name Type
Legal
Principal Office
Address:
Principal Mailing
Address:
No Address Listed
1152 Executive Circle
Suite 105
Cary NC 27511
I of 1 3/11/02 2:08 PM
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ANWAL REPORT FOR
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I of 1 3/11/02 2:10 PIV.
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Kelley West Residential Subdivision County Wake
Project Number 02 0145 County2
Recvd From APP Region Raleigh
Received Date 1/31/02 Recvd;By Region
Project Type residential
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type" Type Impact Score Index Prim. Supp. Basin Req. Req. BEI
-F_O O T_F:Tu Fs _w NSW ??? ?F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y p N Did you request more info? p Y p N
Have Project Changes/Conditions Been Discussed With Applicant? p Y p N
Is Mitigation required? p Y p N Recommendation: p Issue p Issue/Coed p Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
HOLD this is a mess. NW 26 for previo us impacts.
Figure #3. Pond is fillled and stream has been placed in a pipe for previous impacts. No way to
figure what sq. ft, of wetland was in pond. I pacts for road crossing already done as road is roughted
in and sewer line is in place. Manhole in m iddle of imaact 2 at road. No specific listing of what fill
impacts will be for the new houses. 21821 7, & 219 most problematic. 214, 215, 216 seem to have
additional fill associated with the lots. Larg e portion of wetland shown at impact 3. Is tis impact only
associated with the road crossing? Previou s impact listed as 0.6 acres, new stated as 0.9.
MITIGATIONIIIII. Old stream impact of 77 5 feet of "unimportant" stream. This feature origina
ted
from a pond and there is no telling of biolog o
nificance. Two stream on site are perrenial but
ical si
hanmmered by sediment- New impact stat g
es 66 feet of important stream. MITIGATE for all.
cc: Regional Office
Central Office Page Number 1
O?O? W AT ?RQG
O 'C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
DIVISION OF WATER QUALITY
March 13, 2002
CERTIFIED MAIL:
Return Receipt Requested
Kelly West Associates, LLC
Registered Agent: Tom Mckay
1152 Executive Circle
Suite 105
Cary, NC 27511
David Sigler -Manager
Kelly West Associates LLC
201 Scotts Ridge Trail
Apex, NC 27502
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Kelly West Residential Subdivision
DWQ Project # 02 0145
Wake County
Dear Sirs:
The Division of Water Quality has reviewed your after-the-fact Application for a 401 Water Quality Certification for the
discharge of fill material into approximately 775 linear feet of an Unnamed Tributary to Beaver Creek, Cape Fear River
Basin, 0.5230 acres of wetlands, and newly proposed/additional 66 linear feet and 0.3465 acre of wetland impacts. In
accordance with 15A NCAC 2H .0506, a thorough inspection of the site has been conducted by Mr. Steve Mitchell of the
DWQ Raleigh Regional Office. Based on this review, we have determined that significant uses would be removed or
degraded by this project. Furthermore, insufficient evidence is present in our files to conclude that your project must be built
as planned in waters and/or wetlands in accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the
proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A
NCAC 2H .0507(e) and will place this project on hold as incomplete until we -receive this additional information. We are
requesting (by copy of this letter) that the U. S. Army Corps of Engineers place your project on administrative hold.
(1) It was indicated in the application (cover letter) that past impacts include an estimated 0.6120 acres of wetland
impacts. Please detail how you determined this area. That is, since a permit was not previously secured please -
specifically explain how you determined what partial footprint of the pond was to be used to determine acreage
impacts. Specifically, explain why the surface area of the pond (e.g. from aerial photography) was not used to
estimate impact acreage. (Note: The concern is that if no delineation was completed or affirmed by the Corps of
Engineers the original pond would be most-appropriate method to determine and "an after the fact" impact.)
(2) It was noted during our site visit that the road footprint has already been graded and the wetlands have been
largely filled. Please indicate whether this was included in your "after the fact" calculations or whether you
consider these impacts as a part of the new proposed fill in the application. Please be clear and modify your
application accordingly.
(3) Please provide a plan that clearly depicts the lots, roads, and the respective wetlands that were filled from past
impacts. You should also clearly indicate those impacts that are currently proposed such that staff can
differentiate them from wetlands that are to be avoided.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
-n ? -a /.. L..... ,.\ (11n -COl O /t....\ L. u...//l..n.. ,..,. -,,, .,., .... 1.....,....1....A-I
Page 2 of 2
(4) Also, a large amount of sediment has eroded from this site. This', is evident from the gullies and rills in the back-
filled road footprint and from the deposited sediment in the adjacent wetlands and stream. The Raleigh Regional
Office intends to conduct follow-up inspections to ensure complia'pce with respective stream standards and
General Stormwater Permit (NCG010000) for this site.
Please respond, in writing, both to this Office (attention Danny Smith) and to Steve Mitchell at the Raleigh Regional
Office, 3800 Barrett Drive Raleigh, NC 27609 within three weeks of receipt of this letter outlining your intent to proceed with
this project or withdraw your, application. If you wish to proceed, please address the items listed above. Also, this office or
the RRO will be happy to coordinate a follow up site visit with S&EC once this above-mentioned information is provided.
You are reminded that the Raleigh Regional Office is considering whether to issue a Notice of Violation for violations
observed on this tract. A recommendation for enforcement action with the possible assessment of civil penalties of up to
$25,000.00 per day, per violation may occur as a result. Your response to this letter will be considered in this decision
process. If you have any questions regarding this matter, please contact Mr. Danny Smith of the Central 401/Wetlands Unit
Office at [phone], or Mr. Steve Mitchell at [phone].
Sincerely,
John Dorney
i
cc: Amanda Jones, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401/Wetlands Unit
Danny Smith, Central 401M/etlands Unit
Sean Clark, Soil and Environmental Consultants, PA, 1,1010 Raven Ridge Road, Raleigh NC 27641
Central Files
RRO - Steve Mitchell
OF WAIF
??? RQG Michael F. Easley
Governor
co r William G. Ross, Jr., Secretary
> Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
DIVISION OF WATER QUALITY
March 13, 2002
CERTIFIED MAIL:
Return Receipt Requested
Kelly West Associates, LLC
Registered Agent: Tom Mckay
1152 Executive Circle
Suite 105
Cary, NC 27511
David Sigler -Manager
Kelly West Associates LLC
201 Scotts Ridge Trail
Apex, NC 27502
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Kelly West Residential Subdivision
DWQ Project # 02 0145
Wake County
Dear Sirs:
The Division of Water Quality has reviewed your after-the-fact Application for a 401 Water Quality Certification for the
discharge of fill material into approximately 775 linear feet of an Unnamed Tributary to Beaver Creek, Cape Fear River
Basin, 0.5230 acres of wetlands, and newly proposed/additional 66 linear feet and 0.3465 acre of wetland impacts. In
accordance with 15A NCAC 2H .0506, a thorough inspection of the site has been conducted by Mr. Steve Mitchell of the
DWQ Raleigh Regional Office. Based on this review, we have determined that significant uses would be removed or
degraded by this project. Furthermore, insufficient evidence is present in our files to conclude that your project must be built
as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the
proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A
NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. We are
requesting (by copy of this letter) that the U. S. Army Corps of Engineers place your project on administrative hold.
(1) It was indicated in the application (cover letter) that past impacts include an estimated 0.6120 acres of wetland
impacts. Please detail how you determined this area. That is, since a permit was not previously secured please
specifically explain how you determined what partial footprint of the pond was to be used to determine acreage
impacts. Specifically, explain why the surface area of the pond (e.g. from aerial photography) was not used to
estimate impact acreage. (Note: The concern is that if no delineation was completed or affirmed by the Corps of
Engineers the original pond would be most appropriate method to determine and "an after the fact" impact.)
(2) It was noted during our site visit that the road footprint has already been graded and the wetlands have been
largely filled. Please indicate whether this was included in your "after the fact" calculations or whether you
consider these 'impacts as a part of the new proposed fill in the application. Please be clear and modify your
application accordingly.
(3) Please provide a plan that clearly depicts the lots, roads, and the respective wetlands that were filled from past
impacts. You should also clearly indicate those impacts that are currently proposed such that staff can
differentiate them from wetlands that are to be avoided.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
non 1- +- /..L.--- N nin 7O7 1--l /,-. Lai...: a. n.. , a......+ ................1...,1,.;
Page 2 of 2
i
(4) Also, a large amount of sediment has eroded from this site. This is evident from the gullies and rills in the back-
filled road footprint and from the deposited sediment in the adjacent wetlands and stream. The Raleigh Regional
Office intends to conduct follow-up inspections to ensure compliance with respective stream standards and
General Stormwater Permit (NCG010000) for this site.
Please respond, in writing, both to this Office (attention Danny Smith)'and to Steve Mitchell at the Raleigh Regional
Office, 3800 Barrett Drive Raleigh, NC 27609 within three weeks of receipt',of this letter outlining your intent to proceed with
this project or withdraw your application. If you wish to proceed, please address the items listed above. Also, this office or
the RRO will be happy to coordinate a follow up site visit with S&EC once this above-mentioned information is provided.
You are reminded that the Raleigh Regional Office is considering whether to issue a Notice of Violation for violations
observed on this tract. A recommendation for enforcement action with the possible assessment of civil penalties of up to
$25,000.00 per day, per violation may occur as a result. Your response to this letter will be considered in this decision
process. If you have any questions regarding this matter, please contact Mr. Danny Smith of the Central 401/Wetlands Unit
Office at [phone], or Mr. Steve Mitchell at [phone].
Sincerely,
John Dorney
cc: Amanda Jones, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401 /Wetlands Unit
Danny Smith, Central 401/Wetlands Unit
Sean Clark, Soil and Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh NC 27641
Central Files
RRO - Steve Mitchell
4
?aTF9
Q
w w4 --t
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Mr. Sean Clark
S and EC
11010 Raven Ridge Road
Raleigh, North Carolina 27614
March 26, 2002
Subject: Project: Kelly West Subdivision
County: Wake
') V F.
i MAR 2 8 2002
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) is willing to accept payment for stream impacts associated with the subject project. Please note
that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Wafer Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment
to the NCWRP for impacts associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of
the issued 404 Permit and 401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated March 22, 2002, the stream restoration
that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the
following table. The maximum amount of mitigation that the NCWRP will accept for this project is also
indicated in this table.
Stream
linear feet) Wetland
(ft2 or acres) Riparian Buffer
(ft2)
Impact 66
Mitigation Maximum 132
The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030002 of the Cape
Fear River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding
between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers
dated November 4, 1998.
If you have any questions or need additional information, please contact Crystal Braswell at (919)
733-5208.
?ZR ' erely,
on E.: errell,
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
Amanda Jones, USACOE
Steve Mitchell, RRO
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748
NC DENR DIVISION OF WATER QUALITY
WETLANDS/401 UNIT
1650 MAIL SERVICE` CENTER
RALEIGH, NC 27699-16
7001 2510 0009 0250 9186

Route
Rc:P"C4w 13
Doiivo,v I°!nk
p ze?®
05/14/02
Water Quality 09:48:38
7 12510000902509186
11111111111111111111 I
. .. .. .... .
...
¦ Complete items 1, 2, a6d 3. Also complete A. Signature
item 4 if Restricted Del very is desired. ? Agent
¦ Print your name and address on the reverse X
so that we can return the card to you. ? Addressee
¦ Attach this card to the iback of the mailpiece, B. Received by (Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to:
Kelly West Associates
Registered Agent Tom McKay
1152 Executive Circle, Suite 105
Cary, NC 27511
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address:below:. ? No
3. Service Type
? Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) n --
2. Article Number -
(transferfrom service i 7001 2510 0009 0250 9186
PS Form 3811, August 2001 Domestic Return Receipt
102595-01-M-2509
ObO? \N AT ?9QG
(n 7 ua)
o -c
Mr. Sean Clark
Sand EC
11010 Raven Ridge Road
Raleigh, North Carolina 27614
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
March 26, 2002
Subject: Project: Kelly West Subdivision
County: Wake
MAR 2 82002
IVETEAF{{1S s
.1
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) is willing to accept payment for stream impacts associated with the subject project. Please note
that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment
to the NCWRP for impacts associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of
the issued 404 Permit and 401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated March 22, 2002, the stream restoration
that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the
following table. The maximum amount of mitigation that the NCWRP will accept for this project is also
indicated in this table.
Stream
(linear feet) Wetland
(ft2 or acres) Riparian Buffer
(ft2)
Impact 66
Mitigation Maximum 132
The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030002 of the Cape
Fear River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding
between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers
dated November 4, 1998.
If you have any questions or need additional information, please contact Crystal Braswell at (919)
733-5208.
S' cerely,
Ronald E. errell,
Program Manager
cc: Rt b:Ridings, Wetlands/401 Ulf t
Amanda Jones, USACOE
Steve Mitchell, RRO
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service A.
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748 MEl
kelly west on hold
s. s
Subject: kelly west on hold
Date: Tue, 12 Mar 2002 09:53:55 -0500
From: danny smith <[e-mail]>
To: [e-mail]
hey Cyndi:
attached is a draft on hold letter for Kelly West... (it may be too
aggressive and note: the site visit was conducted without S&EC..I tried
to defuse that issue)
let me know if you have questions or need help. I've put the file back
into the "to Region file"
danny
Name: kelley West-on hold-mitchell.doc
kelley West-on hold-mitchell.doc Type: Microsoft Word Document (application/msword)
Encoding: base64
Download Status Not downloaded with message
1 of 1 3/13/02 9:59 AM
DIVISION OF WATER QUALITY
March 11, 2002
CERTIFIED MAIL:
Return Receipt Requested
Kelly West Associates, LLC
Registered Agent: Tom Mckay
1152 Executive Circle
Suite 105
Cary, NC 27511
David Sigler -Manager
Kelly West Associates LLC
201 Scotts Ridge Trail
Apex, NC 27502
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Kelly West Residential Subdivision
DWQ Project # 02 0145
Wake County
Dear Sirs:
The Division of Water Quality has reviewed your after-the-fact Certification Application
for the discharge of fill material into approximately 775 linear feet of an Unnamed Tributary to
Beaver Creek, Cape Fear River Basin, 0.5230 acres of wetlands, and newly proposed/additional
66 linear feet and 0.3465 acre of wetland impacts. Insufficient evidence is present in our files
to conclude that your project must be built as planned in waters and/or wetlands in accordance
with 15A NCAC 2H.0506. Therefore, unless modifications of the proposal are made as
described below, we will have to move toward denial of your 401 Certification as required by
15A NCAC 2H.0507(e) and will place this project on hold as incomplete until we receive this
additional information. We are requesting (by copy of this letter) that the U. S. Army Corps of
Engineers place your project on administrative hold.
(1) It was indicated in the application (cover letter) that that past impacts includes a wetland
estimation of 0.6120 acres. Please detail how you determined this area. That is, since a
permit was not previously secured please specifically explain how you determined what
partial footprint of the pond was to be used to determined acreage impacts. Specifically,
explain why the surface area of the pond (e.g. from aerial photography) was not used to
estimate impact acreage. (Note: The concern is that if no delineation was completed or
,
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Kelley West Residential Subdivision
Project Number 02 0145
Recvd From APP
Received Date 1/31/02 Recvd By Region
Project Type residential
County Wake
County2
Region Raleigh
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres
Type Type Impact Score Index Prim. Supp. Basin Req.
Stream Impacts (ft.)
Feet -
Req.
F39 F- O Y O N F- 27-101-15 C Sw -NSW 30,41 L r r?- r- ?-
-F-PT _0N
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
HOLD this is a mess. NW 26 for previous impacts.
Flgure #3. Pond is filled and stream has been placed in a pipe for previous impacts. No way to
f gure what sq. ft, of wetland was in pond. Ipacts for road crossing already done as road is roughted
h and sewer line is in place. Manhole in middle of imaact 2 at road. No specific listing of what fill
impacts will be for the new houses. 218, 217, & 219 most problematic. 214, 215, 216 seem to have
additional fill associated with the lots. Large portion of wetland shown at impact 3. Is tis im acp t only
associated with the road crossing? Previous impact listed as 0.6 acres- new stated as 0.9.
MITIGATIONUHL Old stream impact of 775 feet of "unimportant" stream. This feature originated
from a pond and there is no telling of biological significance. Two stream on site are perrenial but
hanmmered by sediment. New impact states 66 feet of important stream. MITIGATE for all,
cc: Regional Office Page Number 1
Central Office
~ ~
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March 27, 2002
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