HomeMy WebLinkAbout20030886 Ver 1_COMPLETE FILE_20030716??F WATF9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
?0 G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
-I Division of Water Quality
o Y
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 14, 2003
DWQ Project No. 03-0886
Johnston County
Page 1 of 2
Torrey Development
3949 Browning Place
Raleigh, NC 27609
Subject Property: River Hills S/D, Phase 2, River Hills Road, Clayton, NC
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 181 feet of streams and 0.34 acres of protected riparian buffers for the purpose of constructing a
road, driveway and storm sewer line at the subject property, as described within your application dated July 16, 2003.
After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality
(DWQ) General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 26 .0233. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with
your project including (but not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B.0233(5).
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Deed Notifications
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (f$x), http://h2o.enr.state.nc.us/ncwetlands
Page 2 of 2
Deed notifications or similar mechanisms shall be placed on all properties and lots with retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact.
These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact
under this Certification Approval and Authorization Certificate. You can obtain a copy of a sample deed notification
from our web site or by contacting the DWQ.
4. Water Quality Certification(s)
The proposed project must comply with all of the conditions of General Water Quality Certification(s) (GC) 3402.
5. Buffer & Stream Impacts
The approved buffer and stream impacts associated with the road crossing appear to be just below the buffer and
stream mitigation thresholds. If the DWQ determines that the impacts exceed 150 feet or 1/3 acre to the buffer or
equal or exceed 150 feet of stream, then buffer and/or stream mitigation pursuant to 15A NCAC 02B .0233 and 15A
NCAC 02H .0500 will be required for the entire impact area.
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. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 1508.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
KZAIan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3402
Cc: Scott Mitchell, Spaulding & Norris, PA, 972 Trinity Road, Raleigh, NC 27607
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 030886
Date: September 14, 2003
bz
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name River Hills S/D Phase II County Johnston
Project Number 03 0886 County2
Recvd From APP Region Raleigh
Received Date 7/16/03 Recvd By Region
Project Type residential subdivision
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
39 Stream P7- N I 27-(38.5) WSIV NSW 30,402. 181.00 181.00
NB Waters O Y N f - 77- 30;402. 0.34 ?r
F-77-0 r r r , 7`11
N I -II -F-F-Ir F- F-1
Mitigation Wetland
MitigationType Type Acres
Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y O N Recommendation: Q Issue O Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
August 21, 2003
DENY Road crossing is not located at a 90 degree point. Over 170 linear feet of impact associated
with it. Pi ep s may be under threshold but stream impact is sure not. Also, this is Phase II of the
development and the consultant has no indication of prior history?????????
?1 ie I C' of , e S
cc: Regional Office
Central Office Page Number 1
,A
Triage C]
Date: 7 Project Name:
copy
To: ? ARO Mike Parker
? FRO Ken Averitte
? MRO Alan Johnson
RRO Steve Mitchell
heck List
DWQ#: 03 -a?
County: 7-E)NA t
? WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) 13 3-- J 7
From: I?'t L 1•
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Stream length impacted - YVQ9uurt-?Y 0? 1 5 7 1'2)'$
OE!ktream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
-Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
iii-Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
L-E--b6- mts4•- k '
Date: 7-25-2003 lob. No: 430-03 (River Hills - Phase 2)
To: DWO - Central Office
Attn: Mr. lohn Dornev
Re: River Hills Subdivision - Phase 2 (Additional?Reeouired Ann ication Fee)
Sending: '/'
® Attached ? Under separate cover ? 4 the following
via // items:
? Prints/Plans ? Shop Drawings ificaO? S ? Sa
Zp10
® Other: Check for Remainder of Application Fl VI//h_
Copies I Date I Description -fF
Transmitted for
? Your use ? Approved as submitted E] Resubmit ? Copies for approval
® As requested ? Approved as noted ? Submit ? Copies for distribution
? Review and comment ? Returned for Return ? Corrected prints
Remarks lohn. attached is a check for h remainder of h 401 Certification Application
fPP for River Hilly SnhrIiviainn - Phaca 7 PlPacp rln nn+ hnci+a+a to rnntart ma if von haves anv
miPctinnc rnmmnnfc nr rnnrnrnc ahniit thic annliratinn Thankc aaain
Scott Mitchell
972 Trinity Road TEL 919.854.7990
Raleigh, North Carolina 27607 FAX 919.854.7925
r
Transmittal
July 16, 2003
SPAU_LDING & N ORRIS, PA
11inning •(,ivd Engineering •Ernvircn incnt?d
??PY
Mrs. Amanda Jones Mr. John Dorne
US Army Corps of Engineers NC Division of Water Quality
Raleigh Regulatory Field Office Central Office
6508 Falls of the Neuse Road 2321 Crabtree Boulevard
Suite 120 Suite 250
Raleigh, NC; 27615 Raleigh, NC 27604-2260
Re: Pre-Construction Notification Application Form for Phase 11 of River Hills Subdivision
Johnston County
Dear Mrs. Jones and Mr. Dorney,
Attached is one copy of the completed PCN Application Form for Phase II of River Hills Subdivision in
Johnston County. River Hills is a residential subdivision currently being developed by Torrey
Development, a division of D. R. Horton, as indicated on the attached "River Hills Subdivision - Neuse
River Buffer, Stream and Wetland Impact Map (EX-1)". Phase I (lots 1-26 and 115-149 west of proposed
impacts) of River Hills subdivision is nearly complete and occupied, hence the Owner wishes to proceed
with development of phase 11 (lots 1-44 east of proposed impacts). Phase 11 of this subdivision was
originally planned to have 89 lots, however, the Owner decided to adjust the plans for phase II to minimize
construction costs (lots in the original phase 11 layout were numbered 27-114). The only access point to
phase 11 is through the extension of River Hills Drive, which, in turn, requires a stream crossing as
illustrated on EX-1 (Impact Area #1). The attached profile drawing illustrates the proposed placement of
culverts, adhering to the requirement to install one culvert below the existing streambed to allow movement
of stream biota.
Two additional impacts are proposed in the same vicinity as the above mentioned proposed road crossing
impacts. These two additional proposed impacts (Impact Area 92) include a storm drainage easement and a
driveway to serve lot 1. Both of these proposed activities in Impact Area 92 impact only Zone 2 of the
Neuse River Buffer.
Locations of level spreaders designed according to DWQ recommendations are illustrated on EX-1 while
the details for these devices are indicated on the attached "River Hills Subdivision -- Phase 11-- Drainage
and Erosion Control Plan (C-4)". Phase II of this subdivision covers 47.87 acres with no existing
impervious surfaces. 3.147 acres of impervious surfaces (includes roads, building.footprints and
driveways) are proposed for a total proposed impervious surface percentage of 6.57%. Hence, no
additional stormwater management devices are planned for this site. A signed and notarized "Level
Spreader Operations and Maintenance Agreement" is included in this submittal package.
Thank you in advance for your time spent reviewing this PCN Application. Do not hesitate to contact me if
you have questions, comments or concerns about this application.
Sincerely - _/
JUL J $0 7093
Scott Mitchell, PE, LSS R?1 ,?Q?1u "am
Environmental Engineer/ Scientist Abf7{t((//1L1" {?
Cc: Mr. Roy Conoly, Spaulding & Norris, PA
Pho nc: (911)) ,'64 Y990 • F;IN: (911)) S54-1925 • `)72 Trinity K,od • 1Z;ilciLh, North ('rnrulinn 27607
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Torres Development
Mailing Address: 3949 Browning Place
Raleigh, NC 27609
Telephone Number: 919-877-9557 Fax Number: 919-863-0316
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Scott Mitchell
Company Affiliation: Spaulding & Norris, PA
Mailing Address: 972 Trinity Road
Raleigh, NC 27607
Telephone Number: 919-854-7990 Fax Number: 919-854-7925
E-mail Address: scott@spauldingnorris.com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-sire 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: River Hills Subdivision - Phase 2
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1679-94-1158
4. Location
County: Johnston Nearest Town: Clayton
Subdivision name (include phase/lot number): River Hills - Phase 2
Directions to site (include road numbers, landmarks, etc.): From intersection of US 70 and
NC 42, travel east on NC 42 approximately 2 '/z miles to Castleberry Road (SR 1705).
Travel north on Castleberry Road approximately '/a mile to River Hills Drive.
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 47.87 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Neuse River
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http_//112o.enr_state._nc.us/admi_n/inat)s/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Phase 2 of this project is completely forested with pines and
mixed hardwoods. Phase 1 of the project is nearly completed and borders the west side of
phase 2.--All other sides of the project are bordered by forest.
__.____._ _
Page 6 of' 12
10. Describe the overall project in detail, including the type of equipment to be used: This
project will create phase 2 of the existing, River Hills Subdivision, a residential subdivision.
Equipment used to construct this project will include, but not be limited to track-hoe
excavators, bull-dozers,, wraders, pavers etc.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
the necessary infrastructure for phase 2 of this residential subdivision.
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.
Prior project history for this project is unknown.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Proposed impacts include
extension of an existing road across a stream and through its associated buffers. One storm _
sewer easement and a driveway crossing will impact portions of the Neuse Riparian Buffer in
the same general location as the proposed road crossing _
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact*
__ Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***
None _
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at In fenjgZoy.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.030 acres
Total area of wetland impact proposed: None
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
specify)
I Road Crossing-Perm 149 UT to Neuse River 6-feet Intermittent
1 Road Crossing-Temp 32 UT to Neuse River 6-feet Intermittent
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams trust 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
Several intemet sites also allow direct download and printing of USGS maps (e.g., „?N_vv.topozonexom,
nwpkilicst Cull), etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 181 linear feet
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
None
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local 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.
The proposed stream crossingz is required to Bain access to the site. Its location is dictated by
an existing street stub.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
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.cnr.state._nC.us/ncwetlands//strnigide 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.
No mitigation is proposed for the proposed impacts.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at httpj.Hh2o enr.state.nc_us/wrp/index,htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): None
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): None
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federaUstate) 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 (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
7one* Impact
(square feet Multiplier Required
Mitigation
I 9,204 3 None
2 5,716 1.5 None
Total 14,920 None
/,one I extends out alt teet perpendicular from near bank of channel; done 2 extends an
additional 20 feet from the edge of "Lone I.
Page I I of 12
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 (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious surfaces currently exist on the site. 3.147 acres of impervious surfaces are
proposed includes roads and estimated house footprints & driveways). The total proposed site
impervious percentage is 6.57%. Level spreaders are proposed at the outlet of all concentrated
stormwater discharges. Total site acreage for phase 2 is 47.87 acres.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater generated by the proposed project will be collected by the Town of Clayton
wastewater collection system and treated by the Town of Clayton wastewater treatment plant.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
71, ?y l ? , 2fl 3
Applicant/Agent's Signature I Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Jul 14 03 02:52p SPf1L)InTNG&N0RRIS, PR (919)854-7925 P.P.
Operation and Maintenance Schedule for Level Spreaders
foir
River Hills Subdivision - Phase 11
Johnston CounV, North Carolina
Level spreaders or other structures that provide diffuse flow shall be
maintained every six months. All accumulated sediment and debris shall be
removed &onl the structure, and a level elevation shall be maintained across
the entire flow spreading structure. Any down gradient erosion must be-
repaired and/or replanted as necessary.
Pago 1 of 2
1- .11
I acknowledge and agree by my signature below that f am responsible for the
performance oftlae maintenance procedures listed above. I agree to notify DWQ ot'any
problems with the system or prior to any chances to the systern or -espomsiblc party,
print narne:? ylAkv-- ?Qz ,GLL,
Title:
._,?J_I2?LiC72 01?. ??(r1JC;l? Wl(svV?'
Address:-J6T q CJ kI 1 N 14?L E N C 2 -- p
Phone: C1 6-71 9 C1177 -7
Sigrt,ture:
Date:--- - t (o O?i _ -
Note: The legally responsible party should not be a homeowners association unless
more than 5001* of tlxe lots have been sold and a residexxt of the subdivision has
been framed the president.
Arse-V- L . Lt o 6
a Notary Public for the State of
N 152J14 GARbc t U A , County of v.l e.k-? , do hereby certify that
M P Lke- F-- FA lzR El. t_ personally appeared before me this
day of _ LEY 2cC;-3, and acknowledge the due execution of the
forgoing pocket wetland system maintemancce requirements. Witness my hand and
official seal,
-- a/?41p4444449999°A®S!/P?,O
NOTARY
PUBLIC
S1=AL /aJ??PL?t?199U1114L`1`44
My conunission expires_?-
lingi-2 of:2
Land Planning - Civil Engineering - Environmental Engineering
AGENT AUTHORIZATION FORM
ALL BLANKS TO BF FILLED IN BY CURRENT LANDOWNEV
Name: e_r"4 -De v_e(-44-2GN f
Address: `3U_o o/s `%.., _?r,'?c - --
pu??,awe ?N?-Z77p3 -- --. -
Phone: 01/4- 5' 6- 264c( -
Project Name/Description: 12j'vev p,4 2
Date: _ f to w'z7__
The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
Attn: Mj/, ?oG,,, 7?i ! oL- as
Field Office: 24lr,-- 4._ ed4i/a i
Re: Wetlands Related Consulting & Perxnitting
To Whom It May Concern:
I, the current property owner, hereby designate and authorize Spaulding & Norris, P.A., to act on my
behalf as my agent in the processing of permit applications, to furnish upon request supplemental
information in support applications, etc., from this day forward. This the kv day of
_ ZOt7
This notification supersedes any previous correspondence concerning the agent for this project.
?• • l.'T? ?-iotnl ? ? NL . _ _ ?, owl ? { w,.,o.J?-r / ? ? . 12.'(U 4J { 11?G .
PRINT Owner's Name PROPERTY Owner's Signature
Cc: Mr. Jahn Dorney
NCDENR - Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, N(-'27699-1650
972 Trinity Road* Raleigh, North Carolina 27607 ? Phone: (919) 854-7990 + Fax: (919) 854-7925
90
85
80
75
65
60
t".5oCN
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
k.1 J, - I
Project/Site R•tver Nils Date: A
ril ZI
003
Applicant / Owner:
Investigator: Sc.o+4 M;I•c,6eet1 a-d Rau Cor+olw p
P
County: Jol,,,sj ,..
State: NC
Do normal circumstances exist on the site? Yes .? No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No .? Transect ID:
Is the area a potential problem area? Yes No Plot ID:
(explain on reverse if needed)
VE_'_T ION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1.Be.41Ad0' n% ra (30°J4) TK FACW 8._Pinas 64e8o. (5'7.) SS FAC
2. Ace-,r ru6n'A, (4o'7.) TR FAC 9.
3.11ex c,oarn. CIS-70) TIZ,- FAC- 10.
4. C15'72) _Tfe- FAC - 11.
5.'Pckwlc, nit %m CSo41o> 55 FACW 12.
6. Fcawws c,randlfolcw (zo-0 55 FACtti
-T 13.
7. G utrcuc nlara C 1og.) 55 FAC 14.
TR = Trees (non-climbing woody plants, 2 3.0 in. DBH) HR = Herbs (non-woody plants & woody plants, < 3.2 It, < 3.0 in. DBH)
SS = Saplings / Shrubs (woody plants, 2 3.2 ft., < 3.0 in. DBH) VI = Vines (wuody climbing vines, 2:3.2 It.)
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). %
Remarks:
W e+lw?d Ve? u,t, ,.,
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other Inundated
rSaturated In Upper 12"
No Recorded Data Available .? Water Marks
Drift Lines
Field Observations: Sediment Deposits
-Drainage Patterns in Wetlands
Depth of Surface Water: (in.) Secondary Indicators:
-Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: Water-Stained Leaves
-Local Soil Survey Data
Depth to Saturated Soil: 6 (in.) .? FAC-Neutral Test
T -Other (Explain in Remarks)
Remarks:
------------
SOILS
Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-(0 A_ 2.5u ??_ IOT 5(? Iy'7- clau loa?•,
- Zt 8 2,54 ??z Ini4r 5h, 3S17. c,lav loan,.
Hydric Soil Indicators:
Histosol _ Concretions
Nistic 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
_u,.-Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
kALtAr%c? so;Is
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ? No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
Is the Sampling Point
Within a Wetland? Yes No
\4'+lw,, a
U/'11 h 1 URIYI
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual) 410.nd be?weon
Il,,.:k, " 1?N u C n
Project / Site R'%vtr H', Its Date: oc 1
2003
Applicant / Owner:
Investigator: Scci+ M;+c.I,t?I end Rou Conol4 1
County: ?o1,,,sA,rl_
State:
NC
_
Do normal circumstances exist on the site? Yes .? No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No .? Transect ID:
Is the area a potential problem area? Yes No .? Plot ID:
(explain on reverse if needed)
VEOET ION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. F?ws Grand',FoI'lo. (40 !1.) 7- FAC11_ 8• U!A
st4raj:,?tu4(so1o) ss FAC+
2.!RQ%r,ws alb,,. (207,) _T R_ FAC?1L '
9.
3.?iA?, b TR FAC-t 10.
4. Ac,r rub rll. 0*1o) TR FAC 11.
5. Pin`," ?Gedu (300101 _ SC- FAC 12.
6.Cnfoinuc card n',(u,, ( io 7 ss _ FAc_ 13.
7. Ac.er ri,b ._ 1 3a -1. 55 FAC 14.
TR = Trees (non-climbing woody plants. 2 3.0 in. DBH) HR = Herbs (non-woody plants & woody plants, < 3.2 ft., < 3.0 in. DBH)
SS = Saplings / Shrubs (woody p lants, 2:3.2 ft., < 3.0 in. DBH) VI = Vines (woody climbing vines, z 3.2 ft.)
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). %
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other _ Inundated
Saturated in Upper 12"
No Recorded Data Available _ Water Marks
Drift Lines
Field Observations: _ Sediment Deposits
-Drainage Patterns in Wetlands
Depth of Surface Water: 'c (in.) Secondary Indicators:
-Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: to t (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Saturated Soil: 12 t [in-) FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Drainage Class:_
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-1 A 2-S T 413 ri"44 loam
-7-1 131 2.5 y 414 ^ - Sift , C6u I Oct,"
9-IZt 132. to
yr
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:
K6 hydr c- b?IS
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
Remarks:
No .? Is the Sampling Point
No ? Within a Wetland? Yes No
No ?
ltf 1? a
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
W.4.1.._ J 11 '1 n
Project/Site R%ver Nllls Date: Aor; 1 21
200
Applicant / Owner:
Investigator: Sc-cM mJt.h.tt Fna tou Cor%olu ,
County: )al,,,s},,_
State: lac
Do normal circumstances exist on the site? Yes No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No .? Transect ID:
Is the area a potential problem area? Yes No ? Plot ID:
(explain on reverse if needed)
VE__ 1. %1 ION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1 • LAOLAIfain ml,wr siurD.C.4luo, ( 5'].??7Z F ac t 8.kcer rL.6ruw, 5-7-) Te FAC
2. p??us 1<wtd 1?°I?? _T9__ FAC 9•Swrg1nut CArullrikw„a(15 7.) TV- FAC
3• Q mxcus 1o'1 co6r 1 ? -7e 1 ly-_ FACW{ 10.914nu5 oacYle ,?a11c ?l0`?0l -nL_ PArw_
4.Q ue.reua cLtl l 5 '1' TR FACU, 11.fa us n 4ol?a. 5 °7-.1 -TIL PAC (A
S.C ue.rr,.s ohetlos C (0-I*) 7111L- FACW- _
12. _,lax rotu,d4o0e.(10*76) _Y FAC
I). latiodxndron+ultr4iae FAC _
13.J?ncuS 1:n?4?1CIO 7.) ?? nB(
7. Vke c or c,w ( IS IQ TR. FAC- 14.
TR = Trees (non-climbing woody plants, 2 3.0 in. DBH) HR = Herbs inon-woody plants & woody plants, < 3.2 It. , < 3.0 in. DBH)
SS = Saplings / Shrubs (woody plants, 2 3.2 ft., < 3.0 in. DBH) VI = Vines (woody climbing vines, 2:3.2 11.)
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). %
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other Inundated
--Saturated in Upper 12"
?No Recorded Data Available %.-Water Marks
Drift Lines
Field Observations: Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water: ?a A in.) Secondary Indicators:
_Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: Iz t (in.) --Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: t (in.) _- AC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Drainage Class:_ -
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-3 AL• 5 N 4h- to a m
4w
,
3/4
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:
1?1{dfiC 5o115
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ? No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
Is the Sampling Point
Within a Wetland? Yes No
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>
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Torrey Development
3949 Browning Place
Raleigh, NC 27609
Subject Property: River Hills Subdivision - Phase H
To Whom It May Concern:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 22, 2003
DWQ # 03-0886
Johnston County
On July 17, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill waters for the purpose of construction of Phase II, River Hills subdivision in Johnston
County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for
instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500.
The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland
impacts were requested. Please provide $275.00. This additional fee must be received before your
application can be. reviewed.
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is received. If we do not
hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want
to pursue the project and will consider it withdrawn.
Program
JRD/bs
cc
Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Spaulding & Norris, 972 Trinity Road, Raleigh, NC 27607
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr state no.tis/ncwctlaflds)
Customer Service #: 1-877-623-6748
4
Sincerely,
Plan Detail Incomplete
? Please provide a location map for the project. ,
?. Please show all stream impacts including all fill sloes, dissipators, and bank stabilization on the alto plan.
a Please show all wetland impacts including fill slopes on the site plan.
? Please Indicate all butter impacts on the site plan.
? Please Indicate proposed lot layout as overlays on the site plan. J 1 I
? 'please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all Isolated or non-Isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by QC
? Please provide detall for the storrwater management practices as required by QC
13 Please specify 'the percent of protect Imperviousness area based on the estimated built-out conditions.
.? Please indicate all stormwater outfalle on the alto plan.
? Please Indicate the diffuse flow provision measures on the site plan. .
? Please indicate whether or not the proposed Impacts already been conducted.
Avoidance and/or Minlmlzatlon Not Provided
Ct The. zooms on the plane does not appear to be necessary. Please eliminate the or provide additional Information as to why
it is necessary.for this project
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please
revise the plans to avoid the Impacts,
This Offloe believes itiat the lalwtarl'on the plane +ir can be moved or reconfigured to minimize the Impacts to the Please.
revise the plane to mirdmlze the impacts
The stormwater discharges at the location on the plena labeled will not provide diffuse flow, through the buffer because Please
revise the plans and provide calculatlons.ta show that diffuse flow will be achieved through the entiree buffer. If it is not possible to achieve diffuse
flow through the entire buffer then. Ill maybe necessary to provide stormwater management practices that remove nutrients before the stormwater.
.
can be c0scharged through the buffer.
lther
l The application fee was ineAclent because over 150 feet of stream andlbr over 1 acre of wetland Impact was requested. Please provide $ a?
This additional fee must be received before your application cart be reviewed:
Please complete Section(s) on the application.
Please provide a signed copy of the application.
Please provide copies of the application, copies of the site plans and other supporting Information.
1gaflon
of compensatory rnitlgatlon Is required for this project. Please provide a compensatory mitigation plan. The plan must conform .
to the requirements In 15 A NCAC 2H .0500 and must be appropriate to the type of Impacts prroposed
Please Indicate which 404 Permit the USACE would use to authorize this project.
N Complete Items 1, 2, and S. Also cc
Item 4 if Restricted Delivery Is desire
¦ Print your name and address on the
so that we can return the card to yo
r 'Attach this card to the back of the n
or on the front if space permits.
1. Article Addressed to: 7C)h n 5 +C)
1)wq#o
Torrey Development
3949 Browning Place
Raleigh, NC 27609
2. Article Number
01'ansflrr from service kg*-
28 Form 3811, August 2001
x 8r`/A'-s?-._
84?eoelved by (Printed N C. Date of Deliver
x14"'rMp S. sgmd l"S V9Svc d 3
D. Is delivery address different from Kern 1? ? Yes
If YES, enter delivery address b2WwL _ ? No
o88? 11 /i ?? N J??
3. Service Type 4
? CewNed Mall El
±?
13 Registered E3 R erchai
? Insured Mall ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
7002 2410 0003 0275 1741
Receipt
UNITED STATES POSTAL S E rsl`
? d
F(f?t=ClsesAAa44-
Poe"1- & Fees Paid
USPS
Permit No. G-10
• Sender: Pleas() print your name, address, and ZIP+4 In this box •
NC DGNR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604