HomeMy WebLinkAbout20030769 Ver 1_COMPLETE FILE_20030623o?0F W A TF9QG
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June 30, 2003
Durham County
DWQ Project # 03-0769
Sherron Road Ventures, LLC
Attn: Jerry Radman
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
Subject Property: Ravenstone sewer outfall and forcemain
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Dear Mr. Radman:
You have our approval, in accordance with the attached conditions, to impact 61 feet of stream and 0.48
ares of buffers for the purpose of a sewer outfall as you described in your application dated June 20,
2003. After reviewing your application we have decided, this fill is covered by General Water Quality
Certification Number 3374. This Certification allows you to use Nationwide Permit Number 12 when
the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A
NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification and those listed below.
Conditions of Certification:
1. There shall be no clearing in Zone 1 of the buffer except in association with the two
perpendicular stream crossing.
2. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.cnr.state.nc.us/ncwetlands
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.
Sincerely,
JRD/bs
Attachments: Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, S&EC
MW
Klimek, P.E.,
2, Director
DWQ # 03-0769
Date: June 30, 2003
RL HORVATH ASSOCIATES, INC.
CIVIL ENGINEERS - PLANNERS - LANDSCAPEARCHITECTS
May 8, 2003
S&EC
Attn: Mr. Todd Preuninger
11010 Raven Ridge Road
Raleigh, NC 27614
RE: Ravenstone Outfall and Forcemain
Dear Mr. Preuninger,
\A ?`
We are writing this letter requesting encroachment into the stream buffer along the
unnamed stream tributary as shown on the attached drawings.
The encroachment will be within parts of the buffer that is beyond 30 feet from the top of
bank. The need for the buffer is because of the physical constraints of the topography
that limits location of the outfall.
We are proposing to install a gravity sewer main and a force main no closer than 30 feet
from the top of bank from this tributary. To locate it further out will place it in
topography that rises quickly resulting in a much deeper outfall that would create a
greater impact on the environment and will result in an outfall that is too deep to be
practical. Future single family home sewer service laterals will need to be excavated
with large track backhoes to get the depth needed to tie into this proposed outfall.
Only a single stream crossing is used to keep impact on the stream at an absolute
minimum. This crossing located near existing Hillview Drive and is done at almost a 90
degree angle and places most of the disturbance within the existing road bed. An extra
manhole and additional length of pipe was used to achieve this minimal impact.
Please let me know if you have any questions or if I can be of further assistance.
Sincerely,
Jeff ecky, PE
Project Manager
Attachments
Overall sewer outfall map
Site Development • Land Planning
Residential • Commercial • Industrial • Municipal
16 Consultant Place Suite 201 27707
P. 0. Box 51806 Durham. NC 27717
9191490-4990 FAX 91,91490-8953
730 Cherry Street Suite B
Chattanooga, TN 37402
4231266-4990 FAX 4231266-5700
C' /k
A"; copy
` Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Cae94pa 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
wkv v;SandEC.corn
June 20, 2003
NCDENR-DWQ US Army Corps"Ot'? ? ineers
Attn: Mr. John Dorney Attn: Mr. Todd Tugwell
2321 Crabtree Blvd 6508 Falls of the Neuse Rd., Ste. 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 12
Ravenstone Development Sanitary Sewer Outfall, Force Main
Durham, Durham County, North Carolina
(Latitude/Longitude:) 35° 58' 17.81 N, 78° 47'32.03" W
S&EC Project #: 5584
Dear Mr. Dorney and Mr. Tugwell: '
On behalf of Sherron Road Ventures LLC, we hereby request authorization from the US Army
Corps of Engineers (USACE) to use Nationwide Permit 12 for the subject project to cover
temporary impacts to two jurisdictional stream channels (both unnamed tributaries of Lick
Creek). Construction of the proposed sewer line will proceed in accordance with all general
conditions that apply to Nationwide Permit 12, as well as all of the conditions of the 401
Certification associated with NWP 12. However, parallel buffer impacts to Zone 2 are
unavoidable due to topographic constraints, therefore we are requesting buffer compliance from
the NC-DWQ. A Pre-construction Notification Application (PCN) is attached, as well as an
agent authorization form.
The applicant requested that S&EC delineate the wetlands, stream channels, and buffers along the
proposed route prior to choosing the alignment in order to minimize impacts. A copy of the
applicable USGS Quadrangle and Soil Survey are attached showing the approximate route of
alignment. Buffer confirmation from the NC-DWQ was issued on October 7, 2002 and March 4,
2003. Both buffer confirmation letters are enclosed. A site meeting with the USACE was
performed on January 10, 2003 We submitted for an USACE jurisdictional determination on
April 11, 2003, however, we have not received a signed delineation map.
This project consists of the installation of approximately 7,200 feet of sewer force main that will
serve the proposed residential area. The sewer alignment begins at the proposed pump station
and extends parallel to an unnamed tributary of Lick Creek across Opal Street then crosses the
stream channel at Hillview Drive (Impact 1). The sewer line then extends parallel to Sherron road
and Hwy 98 crossing another unnamed tributary of Lick Creek (Impact 6) before tying into an
existing sewer line (see maps). Placement of the sewer line to serve the proposed residential
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820
r:._ rMni'M_odni Frlx' (336) 540-8235 Fax: (828) 635-5820
June 20, 2003
S&EC Project #: 01-5584
Page 2 of 2
development will temporarily impact two jurisdictional channels (both unnamed tributaries of
Lick Creek). The proposed alignment will impact 40 linear feet (Impact 1) and 21 linear feet
(Impact 6) of stream channel. After crossing the stream, the remainder of the sewer line will run
parallel to the road within the existing right-of-way until reaching an existing sewer line. The
total cumulative impact for this project consists of 61 linear feet of temporary stream
channel impacts.
In addition to the temporary channel impacts, the proposed alignment will impact Zone 2 of the
riparian buffer (Impacts 2,3,4, &5) due to topographic constraints (see attached justification)
Therefore we are requesting buffer compliance from NC-DWQ for Impact 2(Zone 2-3,045 SF),
Impact 3 (Zone 2-1,427 SF), Impact 4 (Zone 2-8,287 SF) and Impact 5 (Zone 2-2,826 SF). The
USACE's current policy requires applicants to avoid and minimize wetland and stream channel
impacts to the maximum extent practicable and may require further compensatory mitigation to
offset unavoidable losses of waters of the US when permanent impacts exceed the requirements
for notification (0.1 acre). The applicant requested a detailed delineation of wetlands present on
the along the proposed corridor prior to construction in order to avoid wetland impacts. Because
a majority of the construction corridor is located within an existing road right-of-way, additional
clearing will be minimal. In addition, the stream channel will be restored to original contours
following completion of the project and the banks will be reseeded following current guidelines.
Because the applicant will minimize impacts to stream channels by utilizing perpendicular
crossings within an existing right-of-way, and because the proposed impacts are temporary,
S&EC does not believe compensatory mitigation should be required by the USACE for this
project.
Sincerel
Todd Preuninger
Biologist
Attachments:
Pre-construction (PCN) notification form
Site Location Map - USGS Quad(Figure 1)
Site Location Map - Soil Survey (Figure 2)
Overall Map
Impact Maps
Agent Authorization Form
Buffer Confirmation Letters
Office Use Only' Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Sherron Road Ventures LLC - Attn: Jerry Radman
Mailing Address: 201 Shannon Oaks Circle
Suite 201
Raleigh--NC- C-Ct i? L 7 5 1)
Telephone Number: 919-465-3312 Fax Number: NA
E-mail Address: NA
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Soil and Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh North Carolina 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: TPreuninger(a)sandec com
Page 3 of 14
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Ravenstone Sewer Outfall and Forcemain
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): This project site consists of
approximately 66 acres and is located adjacent to the NC 98 / Sherron Road (SRI 811)
intersection south of NC 98 The project is located in southeast Durham, North Carolina, and
is within the Neuse River Basin (USGS Hydrologic Unit Code 03020201).
5. Site coordinates, if available (UTM or Lat/Long): 35° 58' 17.81" N 78° 47'32.03" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: The
proposed project crosses through forested land and residential development.
7. Property size (acres): N/A - Linear
8. Nearest body of water (stream/river/sound/ocean/lake): UT of Lick Creek
9. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 14
10. Describe the purpose of the proposed work: The purpose of the proposed project is to provide
sewer service for the Ravenstone residential development.
11. List the type of equipment to be used to construct the project: Heavy equipment typical of
sanitary sewer construction
12. Describe the land use in the vicinity of this project: The land use in the vicinity of the
project consists of residential development and forested land.
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.
The applicant requested that S&EC delineate the wetlands stream channels and buffers along
the proposed route prior to choosing the alignment in order to minimize impacts to these
resources A copy of the applicable USGS Quadrangle and Soil Survey are attached showing the
proposed alignment Buffer confirmation from the NC-DWQ was issued on October 7 2002 and
March 4 2003 Both buffer confirmation letters are enclosed. A site meeting with the USACE
was performed on January 10, 2003 We submitted for an USACE jurisdictional determination
on April 11, 2003, however, no jurisdictional determination and no permits have been issued for
this project
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: Additional impacts may be requested for road crossings however site plans have
not been finalized.
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
Page 5 of 14
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 Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (estno) (linear feet)
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: mechanized clearing, grading, rill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: NA - the project is
linear.
Total area of wetland impact proposed: N/A - there are no wetland impacts.
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact leasespecify)
I temporary/ 40 UT of Lick Creek 3 feet
excavation Ale'17`
6 temporary/ 21 UT of Lick Creek 30feet
excavation
" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts &nd associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., tiww.towzone.com,
www.inapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 61
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact Type of Impact* Area of Name of Waterbody Type of Waterbody
Site Number Impact (if applicable) (lake, rid, estuary, sound,
Page 6 of 14
(indicate on map) (acres) bay, ocean, etc.)
NA N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: IM, excavation, areagmg,
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant requested a wetland delineation along the sewer line corridor to select the route
with the least amount of impacts to wetlands and stream channels. The applicant is proposing
to install a force main no closer than 30 feet from the unnamed tributary of Lick Creek. If the
sewer line had been located further away from the tributaa, completely out of Zone 2 of the
Buffer, a much deer outfall would be needed because of the steep topography resulting in
an outfall that is too deep to be practical (see attached justification). The UASCE's current
policy requires applicants to avoid and minimize wetland and stream channel impacts to the
maximum extent practicable and may require compensatory mitigation to offset unavoidable
losses of waters of the US Because impacts are temporary we do not believe mitigation
should be required
VIII. Mitigation
DWQ - In accordance with 15A NCAC 214 .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 7 of 14
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm,,iide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the applicant has avoided and minimized stream channel impacts by crossing
stream channels in a perpendicular fashion, and because the proposed impacts are temporary,
S&EC believes that compensatory mitigation should not be required by the USACE.
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 littp://h2o.enr.state.nc.us/wri)/index.litm, If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 8 of 14
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
However, these impacts qualify as an exempt activity in the Neuse River Basin riparian buffer
rules.
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Impact
Zone* Impact
(square feet)
Multiplier Required
Mitigation
1 1 2,353 3 N/A
2 705 1.5 N/A
2 ** 1 0 3 N/A
2 3,045 1.5 N/A
3 ** 1 0 3 N/A
2 1,427 1.5 N/A
Page 9 of 14
4 ** 1 0 3 N/A
2 8,287 1.5 N/A
5 ** 1 0 3 N/A
2 2,826 1.5 N/A
6 1 1,338 3 N/A
2 814 1.5 N/A
Total 20,795 NA
* Zone 1 extends out 30 feet perpendicular from near nanx or cnannei; t ric L exteiius all
additional 20 feet from the edge of Zone 1.
** Parallel buffer impacts
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
NA - "Exempt Activity"
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.
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary Sewer --
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
Page 10 of 14
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).
XT A
Applicant/Agent's Signature D e
(Agent's signature is valid only if an authorization letter from the applicant i provided.)
Page 11 of 14
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Project III: Scale:
02-7446 V - 2000' Figure 1- USGS Quad
Project Date:
Mgr.: TP 10129102 Shaw HIIIS Site
MacGregor Development
Durham, Durham County, NC
SOUTHEAST DURHAM, N. C.
NE/4 DURHAM SOUTH 15' QUADRANGLE
35078-H7-TF-024
1973
PHOTOREVISED 1987
DMA 5255 IV NE-SERIES V842
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.• Raleigh, NC 27614
(919) 846-5900 • (919) 846-9467
Web Page: www.SandFCxom
Project /: Scale:
02-7448 1" =1320'
Project Date:
Mgr.: TP 10129102
Figure 2 -Soil Survey
Shaw Hills Site
MacGregor Development
Durham, Durham County, NC
i Environmental Consultants, PA
1010 Raven Ridge Rd. - Raleigh, NC 27614
(919) 846-5900 • (919) 846-9467
Web Page: www.SandEC.com
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10/09/2002 88:29
919-465-3383
MACGREGOR DEV
5&EC
PAGE 02
RAGE 02
Name:
Soil & Environmental Consultants, PA7
11010 Ram Ridge Road • R41eigh, Notch Carotins 27614 • Pho"f (919) 846-59W . pax: (919) 8,8-9467
AGENT AUMORIZAT M
B s 'ro Be fMgd_ i a Cur rlt f,an g?w '
Address: ?0 } rAL? &71TC
Phone:.. Cl 19. L4 (.1 5; . =1 zt. 17
Project Name/Descnptien: 3W-UOM
Date: _ la `r) l,
The Department of the Army _
U.S. Army Corps of Engineers, Wil.tnington District
P-0. Sox 1890
Wilmington, NC 28402
Attn: ?% ,?• 71
Field Office: ?.
Re: Wetlands Related Consulting and Vernutting
To Whom It May Concern:
1, the current pygljy owner, hereby designate and authorize Soil 6c Environnimtal Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to famish upon request
supplennental information in support of applications, etc. from this day forward, The day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC Staff. You should cell S&EC
to arr&nge a site meeting prior to visiting the site. {e.?M p ftMX gtr ' UJ-J
YV M1iYiJ
tL-
Print Property Owner's Name
cc: Mr-10) m Dorney
NCUENR - DWQ
2321 C'arabtm-e Boulevard
Raleigh, .'.SIC 27604
Pr pe Owner's Sipaturei??? 1'1-01"4'<
cc: Mr. Todd Preuninger
Soil & Environmental Consultants, PA,
b)^nk agent wily (0XM.doc
c'harletttr bl4icr- ("r-i1 o offlwL Hlcsknrv t) =
236 W'hilbp Court, Svik C 3817.8 LAwndralc Drive 710 Boston Road
Concord, NC 28025 Orsensborv, NC 27455 Taylorsville. NC 28681
Phono: (704) 72n.9405 Phone; (336) 340-8234 pbons (828)635.5820
v,.• nnni 'TIn GAPA 't;nr- (116) 540-V.15 Fix: (828) 635-5820
State of North Carolina
Department
Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
October 7, 2002
Todd Preuninger
Soil & Environmental Consultants
11010 Raven Ridge Road
Raleigh, N.C. 27614
7 _1K "Alk
V pr
4 1
NCDENR
NORTH CAROLINA DEPARTMENT OF
EN VI ROI?MENT. AN.ID-NATURAL-RF-SOURCES
Subject: Neuse River Basin
Riparian Buffer Rules
Sherron Road & Highway 98
S&EC # 02-5584
NBRRO 02-212
Durham County
Dear Mr. Preuninger:
On September 11, 2002, 1 conducted a field investigation on the subject property. The plat map and
other information was provided to allow a determination to be made as to whether or not the site
would require compliance with the Neuse Buffer Rule. This specific project is referenced by the Raleigh
Regional Office as NBRRO 02-040. This letter will serve as confirmation of the buffer determinations
made by S & E C at the subject property.
The features represented on the Durham County Soils and the southeast Durham USGS Quad maps
were evaluated to determine their subjectivity to the Neuse Buffer Rule. Four stream features (A
through D) are depicted on the maps within the subject property. Features A (from Flag T100), B (from
Flag T300), and C (from Flag T200) are subject to the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A:02B.0233 (NCAC 0233) . Feature D although represented on the Durham County Soils map is
not present on the ground as a stream and is not subject to the fifty foot riparian buffer rule.
This letter addresses only the applicability of the Buffer Rules. For information relative to the Weiland.
401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to
this matter and if this Office can be of any assistance or if you have additional questions, please do
not hesitate to contact us.
Sincerely,
Steve Mitchell
Environmental Scientist
cc: RRO/John Dorney
Durham County
H:\nbrlet.for\nbr02\sheronrd.212
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)571-4700 FAX (919)571-4718
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E. Director
January 29, 2003
Ari A 7')
A Orin
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENvIRONMENT AND NATURAL RESOURCEs
i:l !,9 - 4
Laura Gadd
S & E C, Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 03-025
Shaw Hills Property
S & E C Project #02-7448
Durham County
Dear Ms. Gadd:
I have reviewed the maps that you have submitted for the project referenced by the Raleigh Regional Office
as NBRRO-03-025. An evaluation of the stream features was performed on December 17, 2002 to determine
whether the site would require compliance with the Neuse Buffer Rule.
The features represented on the Durham County Soils and the Southeast Durham USGS topographic
maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. It was determined that
there are nine features represented on the property between the two maps. These are labeled as Features A
through I as indicated on the attached plat map.
Features G, and H are not subject to protection under the Neuse River Basin-Nutrient Sensitive Waters
Management Strategy: Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A:02B.0233 (NCAC 0233). A small portion of Feature F (broken subjectivity) and the area of Feature
I that encroaches into the property are subject. The remaining features are subject through the property.
This letter addresses only those issues involving the riparian area. For information relative to the Wetlands
401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter
and if this Office can be of any assistance or if you have additional questions, please do not hesitate to
contact me at 571- 4700.
cc: RRO/John Dorney
Durham County
H:\nbrlet.for\buf03\shawhill.025
Sincerely,
Steve Mitchell
Environmental Scientist
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)571-4700 FAX (919)571-471
An Equal Opportunity Affirmative Action Employer 50% recycled110% post-consumer pape