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20081348 Ver 1_401 Application_20080908
E xp n -13 q$ Mitchell Environmental, P.A. September 22, 2008 Ms. Amy Chapman NC Division of Water Quality 401 Oversight / Express Permitting Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 RE: Cedar Chest Subdivision (Wake County - Neuse Basin) Neuse Riparian Buffer Minor Variance Request Dear Ms_ Chapman: SE P 9 ;... FTtPypg NR-WATER VV AND STo?RMVI"UEk 1?1? 1 Attached is a completed Variance Request Form for proposed Cedar Chest Subdivision in Raleigh. The site is located in the Neuse River basin and contains an intermittent stream that is subject to the Neuse Riparian Buffer Rules. The proposed subdivision will contain 8 lots on a 4.78 acre tract. Wake County real estate records indicate the subject property has been in the Gaddy family since 1973. The current development plan is proposed by the Gaddy family heirs. The purpose of the minor variance request is to obtain your approval for the construction of a new home on proposed lot 8 that will be similar in size and amenity as homes that will be constructed on lots 1-7. Without a minor variance approval, City of Raleigh building setbacks in combination with Neuse Riparian Buffer rules will allow only a 32 foot deep home on this lot. This assumes the home would be constructed immediately adjacent to the building setback from the Toxey Drive right-of-way and immediately adjacent to the outer edge of the Neuse Riparian Buffer. The minimum setback allows only a 20-foot separation between the home and the right-of-way. The owners seek your permission to increase the home's distance from the Toxey Drive right-of-way, while increasing the minimum depth of the home to 40 feet. The engineer for the project has designed a stormwater collection and treatment system that will collect runoff from all impervious surfaces on this lot. Design details for the stormwater collection and treatment system are provided with the Express Review PCN application and on the plot plan included with this letter. Upon your review of the proposed plot plan, you will see that the difficulties with development of proposed lot 8 are not caused by any action of the owners or by the proposed development plan for this property. Additionally, the Neuse Riparian Buffer rules were not in place when this property was purchased by the Gaddy family in 1973, hence, they could not have foreseen the potential effects of this new rule on the development potential of the property. Thank you in advance for your time spent reviewing this minor variance request. Please do not hesitate to call or e-mail me if you have any questions or concerns about this request or if you need any additional information. Sincerely, Scott Mitchell, PE, LSS PO Box 341 Fuquay-Varina, North Carolina 27526 Office: 919-557-4682 Fax: 919-557-4683 t? ' • v ? Ownership History - 0023998 Hofnle Real Estate ID 0023998 WAKI Location Address 2720 TOXEY DR COUNTY Wake County Real Estate Data Ownership History PIN # 1705431050 Property Description L073 & 74 & & BM73-184 TRC SM1967-71 Pn'Parcei History Search Results New Search r.,.__ .1°exs Saie? Photos Tax. BW Mau Page 1 of 1 Zvi a;D s Tax S; . Account Search a Owner Name Type % Own Stamps Book Page Date Current TOXEY DRIVE LLC ALL 13234 2306 09-04-2008 1 Back GADDY, LUCY FINCH HEIRS WILL ALL 07-E- 675 02-24-2007 2 Back GADDY, LUCY F ALL 02172 0135 06-19-1973 3 Back GADDY, CHARLES W &LUCY F ALL 02172 0135 01-01-1973 For questions regarding the information displayed on this site, please contact the Revenue Department at RevHeIp@co.wake.nc.us or call 919-856-5400. \O?OF W A TF?PG y O < Variance Request Form (For Minor and Major Variances) Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original. Check the appropriate box below: ? Major Variance 0 Minor Variance Coleen H. Sullins, Director Division of Water Quality Please identify which Riparian Area Protection Rule applies (Note-this must be one of North Carolina's four buffered river basins. The River Bain map is available at http://hLo.enr.state.nc.usiaclminr'ma . s/.) a Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applicant's name (the corporation, individual, etc. who owns the property): Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: S Gv:'? 1 r /? Title: Street address: City, State, Zip: A?( _,-1_Z65 Telephone: C'y f . Fax: > f 71% 3. Contact person who can answer questions about the proposed project: Name: Telephone: 91_9.t"7_- _yG? -- - --- Fax: Email: __.__?_?'f?2Lf? Gra Yl9!!!*?.?...-Lt?!!? -_----- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Version 3: January 2008 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Project Location: Street address: Z7 - -4 X--_r•_' ??-- -- --- - - - - ---- ----- -- - City, State, Zip: (1 a lc f_rn. _- fll-_-_-??__GQ_9 --- County: Latitude/longitude: - 6. Directions to site from nearest major intersection (Attach an 8 '/z x 1 l copy of the USGS topographic map indicating the location of the site). AP- Y?91• L Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: __%VD_ CAMA Major J16-_ CAMA Minor 401 Certification/404 Permit d1Q__ On-site Wastewater Permit NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance yes ?{Io Erosion/Sedimentation Control Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) 1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in W.: -??4?f_c?(_???F'_ ?/?.. ?r?Pw?.?OG¢ _A.?fdGiuTi-?i?...f? ?_ !nil i?if??LQ? _J/_l_w?,?e,t?c %.?_trttt??._._?Q}-._" dv--CG?.?+nra?C_._?lri?1. 1i69r*s? -- --G_gr??.??lc___r?.._?=??.---? _ %-??'- h°"'K----r??_rd,_/? 6?__ ?o.sst??•?fi?l ? - - f?rp 4a! r ? .?' Nrfl a•-? 1;??. c?(1 i??"a Z - a-W 97 Variance Request Form, page 26 Version 3 January 2008 2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is not required): Zone of Impact in Buffer Impact Purpose for Multiplier Required Impact Square Feet Number the Impact Mitigation (Indicate on Plan Sheet) Zone 1 ,!/ ti A 3 Aloe c Zone 2 / goo 3 Scc p z: 1 a,# .5 10.5-0 Total 2 050 *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: 9 '-?L`l_.c,?l_?Lcs__ ?l-c?__? ?' ? --- l? i _??-?_?.?_ f_ol?% ---fin _?._ _?'? _?'^{?. ?!? ? i? /? r 1-4e_ ._ow_nez%._._A._r'?%?c?__t/,9r!lp%ac?.. %f dtl'%eA! ?? nv?/ _?v.--yyaCCO??o?afc__ ? ._-L??- _ut?,a•-?wd_?? _i%?..__s°,??_.i?i?.-.??a-.?.._lc.?-_?..... 4S____y?l he.,_ ._GPCCL !!rc.[rL N? t ^ .? f_• f __ 21??_!!•'i-?Lrl.. - _ _..--- ---- --- 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or enhancement of existing vegetation, etc.): [Le4?!?ll? _IY M_ _.?.( . h%ls? /c/ yl UKJ-- Stu--?i' !Gl . Ali l_ _r_la?/?vfi?( /7 {Y011 ? 1641071 h ?+t ??j'fs>? J-A4 - Is.-.;t- to ?++ft.?'.-! >?e :5*A-e s,.., 5. Please provide an explanation Wthe following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. S??i?f /1<cej.art_._? 1??L?'f Ih'? le?/d__.7 FJ/f! 2y1_t _Go•7?+G>?o-s P- a AHzs ._l?•z,QC?%a 1A V (2) How these difficulties or hardships result from conditions that are unique to the property involved. O?-?'' _'c'.Y1?'??sr?. _1!?A?.---C_1oX;? ? vc? r-_>?/l_ %?iu.1?__x- ?_9..?•g•-_ cH!d G,R' f f._1 _.? hps±_nPIcHV_. ?_ _ .?L ?? •'? a /}.?'GI_ ctt%c ! *Q 7!?' GviG'.?? (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. Variance Request Form, page 36 Version 3 January 2008 Part 3: Stormwater 1. Provide a description of all best management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with the proposed activity. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed BMPs. Also, include the BMPs on your plan sheets. Se < Pa.--4 ? l/ ................. . 2. Attach a description of how diffuse flow will be maintained through the protected riparian buffers. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets. 3. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. Drainage Size of Post-development BMP nitrogen6 Final Final basin drainage nitrogen6loading removal nitrogen6 nitrogen6 basin rate without BMPI efficiencys loading rate loading (ac) (Ibs/ac/yr) (%) (lbs/ac/yr) from drainage basin Ibs I / eG Q 7#4 ? fA??4. w L is 2 3 4 S Totals A ------ _-?- __? Aaacn calcutations and references. s Attach calculations and references. 6Include Phosphorus in the Tar-Pamlico Basin Part 4: Water Quality Protection, continued 4. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this completed application. The applicable supplemental form(s) and I&M form(s) for the proposed BMPs noted in your application can be downloaded from the following website: btt crar.st itc.iic its ;(t bim) llor r.?s.im i - - - -- --- a - - -- Variance Request Form, page 4 Version 3 January 2008 Part 5: Proposed Impacts and Mitigation Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 213.0242 for the Neuse Basin and 15A NCAC 213.060 for the Tar-Pamlico Basin. If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers and a plan sheet showing the proposed location of the plantings. A guide to buffer restoration can be downloaded at the following website: http://www.neeep.net/news/reports/buffers.pdf If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested. Part 6: Deed Restrictions By your signature in Part 5 of this application, you certify that all structural stonnwater BMPs required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 7: Applicant's Certification (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: Ax_A???/_ Part 8: Plan Sheets Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdf) format on a CD or floppy disk. Part 9: Checklist A complete appplication submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Item Initials _ _____-__ • Original and two copies of the Variance Request Form and the attachments listed below. • A vicinity map of the project (see Part 1, Item 5) Variance Request Form, page 54 Version 3 January 2008 • Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management see Part 4) ' • Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin) loading estimates (see Part 4) • Calculations and references supporting nitrogen (phosphorus in the Tar- ___?L^! Pamlico Basin) removal from proposed BMPs (see Part 4) • Location and details for all proposed structural stormwater BMPs (see Part 4) -?^!-- • Three copies of the applicable Supplement Form(s) and I&M Form(s) for each BMP and/or narrative for each innovative BMP (see Part 4) • Three copies of plans and specifications, including: -- -?/ 0 Development/Project name - ? ? 0 Engineer and firm - ? - " -- 0 Legend and north arrow " ' 0 Scale (1 = 50 is preferred) l^ 0 Revision number & date 0 Mean high water line (if applicable) 0 Dimensioned property/project boundary 0 Location map with named streets or NC State Road numbers y / 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated --,/ 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 66 Version 3 January 2008 • r EX. PP P I` i j! 70. 'r 1 f \ ? FR ? i? ct I C) TOP 0 = 8 K OF CR EK / SEE OTE # 0 f 2x3' /. fad ?, INLET MH / KNIT 11; /2,x INLET \ , ' • 2,x3, ,. MITCHELL BNVIRONIfBNTAL. P.A. PREPARED FOR: ? Oft ? ? S,,e 410 CEDAR CHEST P.O. Box 341 RdsigK NC 27804 FUQUAY VARINA, NC 27526 DAIS SEPT 22, 2008 SCALE: 1' - 30' RALEIGH, NC - HAKE COUNTY OFFICE. 9f9-557-4682 FAX: 9 f 9-557-4685 SOIL SC OMT CONTACT- PLOT PLAN - LOT 8 unm.Xitc/ eWrn"rosnnwnft&Lcom SCOTT ANT(%M. PE, M Addendum to the Pre-Construction Notification and "Buffer Rules" Application Required for Projects Submitted Under the "Express Review Program" North Carolina Division of Water Quality Version 5.0 October 1, 2006 Email Address: 401express@ncmail.net Purpose: To provide a detailed explanation of the information required by the Division of Water Quality in order to expedite the review of applications for 401 General Water Quality Certifications, Isolated Wetland Permits, Stream and Wetland Mitigation Plans and Riparian Buffer Approvals (Please Note: do not leave any questions unanswered or use terms such as "N/A" without an explanation). Fees: 401 Water Quality Certifications: Riparian Buffer Authorization: Riparian Buffer Minor Variance: Coastal General "Major Variance": Isolated Wetland Permit: Major (>/= 150' stream or >/= 1 acre wetlands) $2,000.00 Minor (< 150' stream or < 1 acre wetlands) $1,000.00 (exclusively or "in addition" to) $2,000.00 $1,000.00 $1,500.00 General $1,000.00 Please read the entire document before attempting to determine the proper fee. Fees are additive for particular projects. Things to keep in mind when filling out the application: A specific answer must be provided for each question. For instance, if a numerical answer is requested then a numerical answer must be provided along with the supporting information necessary for DWQ staff to verify that the number is accurate. Likewise, if explanations are presented to justify certain responses, the explanations must be completely supported by documentation. DWQ staff cannot assume that unsupported or undocumented information is accurate. "N/A" is not an acceptable answer for any question since the DWQ Staff reviewing the application must have an opportunity to determine whether or not any requested information is pertinent. All forms, guidance, worksheets, applications, etc. used must be the current versions as posted on our web site at http://h2o.enr.state.nc.us/ncwetlands. The Express Review Program website can be found at http://h2o.enr.state.nc.us/ncwetlands/express_review.htm. Please note that it will be responsibility of the applicant or the applicant's consultant to verify that the current versions are used. The versions posted on our web site will be considered to be the current versions. You are a very important part of the success of this program, if you have suggestions or clarifications please send your comments to the Wetlands/401 Unit of the DWQ (via email at 401 express@ncmail.net). Filling Out the Pre-Construction Notification Application: The Corps of Engineers (USACE)/DWQ official, joint Pre-Construction Notification (PCN) Application must be used as a basis for the expedited review process. The completed application should be presented first and the supporting information tabbed and collated in the same order. Using a custom format is not recommended. The open squares 0 are checklist items. The following items correspond to the numbering system on the Pre-Construction Notification Form (PCN): IMPORTANT. USE CHECK BOXES TO TRACK PROJECT INFORMATION!! SECTION I. PROCESSING N( I& 2.The USACE determines which Nationwide, Regional, or General Permit is required. If you have verified with the USACE which permit they intend to use for your project or if you already have written approval from the USACE, please indicate by adding "verified" or "verified, attached", respectively, in the blank next to the Permit number requested. ? Attach the USACE Approval if you have it. G? 3. It is not anticipated that the expedited process will be requested for this situation. 4. If you propose to impact 150 feet or more of perennial stream or 1 acre or more of wetland and onsite mitigation is not proposed, it is recommended that you either locate an acceptable private bank with available credits (with documentation to show that the bank can and shall provide the credits needed) or obtain approval from the EEP for the entire amount of stream and or wetland as DWQ will make the final determination as to whether or not mitigation applies. A complete Express application is not considered received unless an EEP approval letter is attached if mitigation is requested through EEP. Please note that the USACE may have different mitigation requirements and thresholds. 5. State whether your project will require a CAMA Minor, Major or General Permit and give the status of the permit. SECTION II - APPLICATION INFORMATION 1. 15 NCAC 2H .502(1) reads as follows: "Who Must Sign Applications. The application shall be considered a "valid application" only if the application bears the signature of a responsible officer of the company, municipal official, partner or owner. This signature certifies that the applicant has title to the property, has been authorized by the owner to apply for certification or is a public entity and has the power of eminent domain. Said official in signing the application shall also certify that all information contained therein or in support thereof is true and correct to the best of his/her knowledge." Please indicate how the applicant meets the above definition and provide supporting documentation. G,? Please provide all of the requested contact information including a fax number and email address. 2. V If the application is not signed by the applicant, please attach the agent authorization letter. The applicant must sign the agent authorization letter. The applicant's name and position must also be spelled out as many signatures are difficult to read. 3. 1?"' Please provide all of the requested contact information including a fax number and email address. SECTION III - PROJECT INFORMATION The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps and Plans: EY The most recent version of the 1:24,000 USGS Topographic Map- Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the quadrangle name. You can go to the USGS web site (http://mac.usgs.gov/maplistso to verify the most recent version. k4( The most recent version of the NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the page or map number from which the copy of the map was made. Copies of the current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable. Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north and scale. Please include applicable road names or State Road numbers. 1%K The Site Plan - The most critical map to be provided is the site plan. You must Provide full sized plans. The following is the minimum list of plans that are typically needed. V, Pre-construction/Pre-existing conditions - This sheet must be scaled and include all jurisdictional and non-jurisdictional wetland, stream, water features, State regulated buffers, topographic contours with elevations, approximate extent and nature of forest, field, landscaping, or other cover. Any existing structures and impervious area must be shown. Existing utility lines and easements must be shown. Existing roads, culverts, and other pertinent features must be shown. North arrow and the scale must be shown. Please note that the impact boundaries on the maps should correspond to the flagged impact boundaries in the field. Proposed conditions - These sheets must be scaled and show all existing jurisdictional and non-jurisdictional wetland, stream, water features, and State regulated buffers (delineated into Zone 1 and Zone 2) must be underlain on the site plan(s). The plans must show all built-out structures and impervious cover. The plans must include the final grading contours with elevations. The plans must indicate all utilities and easements. It is likely that several versions of the final built- out site plans will be necessary. V/ Drainage Plans - Final drainage plans must be included. The plans should include the locations and pertinent elevations and sizes of the collection system and drainage ways. All inlets and outlets must also be shown with pertinent elevations. Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies. In certain cases, final stormwater management plans must also be provided, but that will be addressed later in this document. X/ Plats - The plans must show the location and layout of all sub-divided parcels with lot identifications. Platted parcels must be developable without further impacts to jurisdictional and non-jurisdictional wetlands, streams, water features and State regulated buffers. V Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland stream, water features, and State regulated buffers must be shown and labeled on the site plans. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. Wetland Impacts (on the site plan): V Precise grading and final elevation contours must be provided. Existing vegetation and / any clearing must be specified. Y All subsurface utility lines must indicate the location of anti-seep collars. Construction detail for anti-seep collars must be provided. Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. CIS When surface drainage features or groundwater recharge areas that feed or would reasonably feed wetlands that are not to be filled are made impervious, it may be necessary to direct some stormwater runoff to those areas in order to maintain hydrology. You must identify these areas and address them. Supporting explanations and discharge information must be provided to show that the wetland would not be eroded or receive too much or too little hydrology. In many cases this could help satisfy part of a / stormwater management plan. C/ Flooding k Draining Stream Impacts: Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. Culverting: The inlet and the outlet of the culvert should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. Any widening of the stream must be shown with elevations. LO/ The extent of and plan details for all dissipation or grade control devices should be shown with pertinent elevations. ;X For shorter culvert sections, such as for road crossings, a longitudinal cross section that shows the stream bed invert at the inlet and outlet, the existing stream bank elevations and the invert of the inlet and outlet of the pipe(s) must be provided. For shorter culvert sections, such as for road crossings, a vertical cross section must be provided that shows the stream cross section at the inlet and outlet overlain with the culvert and fill cross section. Cf For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. el For bottomless culverts or other spans, a plan view must be provided that shows the location of the spans and the stream banks. b' For longer culverts or culverts that will pass beneath substantial impervious cover, it will be necessary to provide adequate plan detail to show that discharge velocity/energy will be adequately dissipated. Cross section details must be provided showing the provisions for aquatic life passage. Aquatic life passage through culverts is typically achieved by placing the invert of the culvert below the existing bed of the stream per the USACE or North Carolina Wildlife Resource Commission guidelines. Other methods such as baffles may also be used. Please be aware that such placement may require the use of grade/velocity control measures up or down stream of culverts on steeper streams to prevent head-cuts or streambed erosion. The culvert placement relative to the streambed can be indicated on the longitudinal profile. Grade and velocity control measures must be indicated on the plan view and typical designs should be provided. Multiple culverts, wide culverts or sectioned box culverts typically require the use of sills, off-setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood-prone area. [/ Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. Stream Relocations: stream relocations must be conducted as specified in General Certification numbers 3402 and 3404 (available on the Wetlands Unit web site). Stream relocation plans must include: N' Morphological measurements (see Appendix B of the Internal Technical Guide for Stream Work in North Carolina available on the Wetlands Unit web site) - not all of the measurements are applicable in every instance. N Typical stream cross sections - Typically, a riffle cross section and a pool cross section that includes the entire flood prone area. The bankfull and flood prone area elevations should be indicated. Similarly, a riffle cross section of the reference stream(s) should be provided. tJ P Plan view - Provide scaled plans that show the location of the proposed (preferably with stationing) and the existing stream. In most instances, the bankfull contours and flood prone area contours, in stream structures, bank revetments/stabilization, channel plugs, planting plan, vegetation conditions, stormwater outlets, grade controls, bridges, culverts, sewer lines, roads, fencing, and easement lines should also be provided. Longitudinal Stream Profile - A scaled profile that indicates the thalweg, bankfull, and top of bank elevations should be provided for the design and reference streams. In many cases, it will also be necessary to show the existing land elevations for the design stream. N I ( FJ Planting Plan - A planting and/or vegetation management plan should also be provided that makes use of appropriate native vegetation. The plan should indicate the extent, density, and species of plants to be provided. rj In-stream structure, bank revetment/stabilization, and stormwater outlet typicals - Detailed, typical plans should be provided for all in stream structures, bank revetments or stabilization, and stormwater outlets. The typicals should include materials and specifications as well as relative lengths, positions, and angles. Sediment transport analysis - A sediment transport analysis should be provided based on the current, relevant, accepted practices. The sediment transport analysis should be relevant to the streambed load type and should predict bed load transport equilibrium. ?J N ? Permanent conservation easement or similar means of protection must also be provided. Other Information: 1. The project should always be referred to by this name in all correspondence as well as the DWQ # once it is provided. 2. This only applies to DOT projects, which are not expected to utilize the Express Review Program. C•Y 3. This should be the size of the project as identified by the USACE for 404 Permits or / by the Division of Water Quality for Buffer Approvals and Isolated Wetland Permits. 5/ 4. Please provide the name (as depicted on the USGS topographic map and DWQ Stream Classification Lists) of the nearest water body(ies) to which your project is a tributary to (e.g. "Neuse River (Falls Lake below normal pool elevation)"). (Do not simple state "stream", "river", "ocean", "sound" or "lake".) Please provide the "stream index number" of the named water body or water body section (e.g. "27-(1)"). Also, please provide the full water quality classification (e.g. "WS-IV NSW CA") of the water body. This information can be obtained from the DWQ web site hftp://h2o.enr.state.nc.us/bims/Reports/reportsWB.htmi. INI' 5. Please state which river basin and sub-basin that your project is in (e.g. "Neuse River Basin, NEU01"). This information can be obtained from the DWQ web site http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html. 6. Conditions should also be indicated on the existing site plan where applicable. Photos (including aerial photos) can be helpful in describing the existing conditions. A/ 7. You must provide an attachment that explicitly describes what the proposed project / will entail from the planning stage to final construction. L1 8. This can be a simple explanation, but it is critically important because the purpose dictates how the no practical alternatives are reviewed. SECTION IV - PRIOR PROJECT HISTORY Please include copies of all 401 Water Quality Certifications, Isolated Wetland Permits, Buffer Approvals, USACE Permits, CAMA Permits for the site as well as a copy of the final approved, site plan. SECTION V - FUTURE PROJECT PLANS For projects utilizing the express review process, all impacts both present and potential future must be indicated. For instance, the location or configuration of platted lots sometimes suggests that future impacts will be necessary to build, access, or otherwise develop such lots. Failure to account for such potential impacts could delay or disqualify a project from the rapid review process. If you believe that the lot can be developed without impacts, but you anticipate that your assertion may be questioned, it is recommended that you provide a potential building foot print and/or grading plan to show that future impacts could be avoided. SECTION VI - PROPOSED IMPACTS TO WATER OF THE US q/ 1. It is recommended that the individual impacts be described if there are special things to note about the impacts. Typically the most important thing is to have detailed accurate site plans as described above. Please make sure they are clearly labeled. Please include all proposed temporary impacts. 7 ?(Rh Also, a current, signed delineation map from the USACE should be provided (if available) and a map locating the stream origins signed by the appropriate DWQ Staff must be provided if applicable. J/1 2. Each impact to a wetland must be clearly labeled and identified on the site plan. The type of impact must be clearly stated. If the impact is temporary, a specific plan must be described or shown as to how the wetland will be restored. Keep in mind that the USACE delineates some features as wetlands that DWQ calls streams. Please list any impacts in this table that DWQ would identify as a stream. If there is any doubt, it is recommended that the impacts be listed as streams. Please follow current DWQ policy with respect to whether a stream is perennial or not. It is recommended that you assume that a stream is perennial (unless you are positive that it is not) so if mitigation is required then the appropriate amount of mitigation would be anticipated or requested from the EEP or private bank. If the EEP or private bank has pre- approved too short of an amount of stream or if inadequate mitigation is proposed, then that situation will result in delays. 3. Sometimes it is difficult to determine whether a feature is a modified natural channel or a ditch, especially in the eastern part of the State. Soils, drainage features, topography, macroinvertebrates, and similar factors, all are important for making that determination. 4. Other items to address not specifically requested in the application include downstream sediment starvation, thermal pollution, low flow releases from dams, and aquatic life passage. Other important considerations are buffer reestablishment or mitigation around ponds on buffered streams. The site plan should include the precise elevation contour of the normal pool as well as the dam footprint. Mitigation is required for wetland flooding of an acre or greater and for stream fill (if over the 150 foot threshold) under the dam footprint and any outlet stabilization. SECTION VII - AVOIDANCE AND MINIMIZATION Avoidance and minimization are critical aspects of an application particularly if you desire the application to be processed expeditiously. The following is a checklist of avoidance and minimization questions that DWQ Staff often look for in applications. SV' Are there any stream crossings at angles less than 75° or greater than 105°? Are there any stream crossings that cross two streams above or at the confluence of those streams? Are there any stream, wetland, water, and/or buffer impacts other than perpendicular road crossing near the edges of the property? Lu/ Can the stream be relocated as a natural channel design as opposed to culverted or otherwise filled? Is any single stream crossed more than once? Can property access routes be moved or reduced to avoid stream, wetland, water, and buffer impacts? Can a building, parking lot, etc. be realigned to avoid impacts? EW"' Can the site layout be reconfigured to avoid impacts? Es/ Can headwalls or steeper side slopes be used to avoid/minimize impacts? / Can a retaining wall be used to avoid/minimize impacts? L/ Can cul de sacs be used in place of a crossing? Can lots be reshaped or have shared driveways to avoid impacts? If based solely on the practicable physical possibility, the answer is "yes" to any of the above questions then you must have to provide substantial and convincing justification as to why the impacts are necessary. If the impacts are required by a local government or other agency, the claim must be supported with appropriate written documentation from the local government or other agency. Most projects typically involve the need to justify avoidance and minimization. If this information is not readily available, then the express review process may not be the appropriate venue to use. Providing alternative plans (such as plans that avoid the impact, minimize the impact and the preferred plan, similar to those used in environmental assessments) and explanations as to why the preferred plan is needed and why the alternative plans won't work are many times helpful in the no practical alternatives review. SECTION VIII - MITIGATION Mitigation for the Express Review Program, final mitigation plans must be presented up front. The final plans (except for plans that propose payment into the Ecosystem Enhancement Program (EEP), Riparian Buffer Restoration Fund, private mitigation banks, or similar banking instruments) must contain detailed plans, specifications, calculations and other supporting data that show that the appropriate mitigation will be achieved at the ratios required. The design plans must be developed to at least the "90%" level. Monitoring plans must be final and specific. Any means of permanent protection, such as a permanent conservation easement must be provided. If you elect to use the EEP or a private mitigation bank, it is recommended that you request the maximum possible mitigation amount that DWQ may require so that you will not have to get further approval from them on short notice. The EEP and private banks are not part of the expedited review process and cannot be expected to meet any such deadlines. There will be no conditional expedited approvals that require final plans at a later date. It is not recommended that innovative mitigation techniques or greater than 10% preservation be requested as part of an expedited process. SECTION IX If your project requires the preparation of an environmental document under NEPA or SEPA and an approval letter has not been issued by the State Clearinghouse, then you cannot apply under the expedited review process. It is your responsibility to find out if such documentation is required. SECTION X There are many aspects of the Buffer Rules that must be addressed in every application, if applicable. The first and most important thing to keep in mind is that allowable activities that require written Approval from DWQ triggers a review of the entire project for compliance with the Buffer Rules. Diffuse Flow & Stormwater Management: The most common issues that arise involve the requirement for diffuse flow of stormwater through riparian buffers. Basically one of three things must be indicated in regards to all "new" stormwater that is collected and subsequently discharged. First, provisions for diffuse flow through the protected buffer must be made. This usually involves the use of level spreading devices designed to the latest DWQ guidance on level spreader design, which is available on our web site. Please keep in mind that it does not matter how far a discharge point is from a buffer. The stormwater must be flowing in a diffuse manner at whatever point it eventually reaches the buffer. If the stormwater will not be flowing in a diffuse manner through the protected buffer at the point it reaches the buffer, then one of the following options may be allowed: You may provide a nitrogen removing measure such as a forested filter strip, grassed swale, stormwater wetland, etc. The measure employed should be designed according to the NC DENR Stormwater Best Management Practices Manual or other DWQ Guidance available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html. After the nitrogen is treated, the stormwater can be directly conveyed through the buffer with written DWQ approval. You may discharge the stormwater to an existing man-made conveyance that currently conveys stormwater through the protected buffer (assuming the conveyance was not constructed in violation of the Rules) as long as that conveyance does not need to be altered to convey the flow. Please remember that there are no other choices. The following checklist is intended to help insure that your application will not be deemed incomplete as a result of improper stormwater design. Stormwater Management (for Buffer Rules compliance only - Also, see Section XI): All stormwater out-falls must be clearly shown and labeled on the site plan for projects in Buffered watersheds. List each out-fall as labeled: Option 1: Level spreading devices designed to the latest DWQ Guidance, and devices that merely control velocity but do not provide diffuse flow such as rip rap dissipators are not proposed. List each of these out-falls as labeled on the site plan and provide a DWQ worksheet available at hftp://h2o.enr.state.nc.us/ncwetlands/regcert.htmi: C1 Option 2: Nitrogen removing measures designed to DWQ Standards are proposed for discharges for which diffuse flow through a protected Buffer cannot be met. List each of these out-falls as labeled on the site plan and provide a DWQ worksheet available at http:/,lh2o.enr.state.nc.us/ncwetlands/regcert.html -, Option 3: The stormwater will be discharged to an existing man-made (not including modified natural channels) conveyance that carries the stormwater through the Buffer. The conveyance was not constructed in violation of the Buffer Rules. List each out-fall as labeled: CI All stormwater out-fall must meet one of the options above. (Note: if you cannot check this box your application will likely not be accepted into the express review process.) Site Plans: All applications on properties with DWQ protected buffers must clearly depict the buffers and any impacts to the buffers on the site plans. The impact maps should clearly depict both zones of the protected buffers and the proposed impact areas (provided in square feet). Surface Water & Buffer Delineations: [,J Any surface waters subject to DWQ protected buffers must be field located and accurately depicted on the site plans and impact maps. The width, dimensions and pattern of the surface water must be delineated. The surface water location must not be taken simply from a USGS map, soil survey or local municipality's map. The buffers must be measured from the surface water as required within the applicable buffer protection rule (e.g., all buffers along streams subject to the Neuse and Tar-Pamlico Buffer Rules must be measured from the "top-of-bank" of the stream and not the centerline of the stream). All streams must be surveyed or located by GPS and shown precisely on the site plans. Impact Table: 10 C*1 Please provide additional impact tables that clearly state the area of impact for each corresponding impact site. Variances: Projects that require a Major and/or "General" Variance will not be eligible for the use of the Express Review Program (with the exception of the Coastal General "Major" Variance. Mitigation: As opposed to applications that are submitted under our regular process, final mitigation plans must be presented up front (see requirements for Section Vlll above). The mitigation plans must comply with the applicable buffer mitigation rule. SECTION XI - STORMWATER Please provide the following information in regards to potential stormwater requirements: [/ The total acreage of the site. J-75 (acres) F/ The total built-out impervious acreage ?/ Z (acres) l The total area that will be disturbed Ls Z (acres) (e54?,w`, 4ed ) If the total area exceeds 20% imperviousness, the development on the site is uniform in density, and you claim that the total impervious area is less than 30%, you must provide a complete, detailed breakdown of the assumed built-out conditions. The breakdown must be detailed enough to show that all potential impervious areas are accounted for. -: If there are concentrated areas of development such as multi-family, commercial, cluster, club houses, etc. that exceed 30% imperviousness and the total imperviousness for the site does not exceed 30%, a stormwater management plan will likely be required for those areas that exceed 30% imperviousness. C Stormwater management plans must be complete with a final design and an executed Operation and Maintenance Agreement. There will be no conditional stormwater approvals for the express review process that allow for approval of the final plans at a later date. Worksheets must be provided that are available at http://h2o.ehnr.state.nc.us/ncwetiands/mitresto.html. SECTION XII - SEWAGE DISPOSAL C? Response must be clear and detailed. Any disposal method that suggests further impacts may be required other than those shown must be clearly addressed on the site plans. SECTION XIII h? Answering yes to either of these responses automatically precludes you from the express review process. SECTION XIV - SIGNATURE !-f-1, The name, position and/or title of the applicant must be in type or long hand script here with the signature. It should be the same person as described in Part II. If you have any questions about these requirements, please email the Express Review Program at 401express@ncmail.net and include your question and phone number and the appropriate staff will respond as soon as possible. I • ?.xp o g- 1 5 4 g Mitchell Environmental, P.A. T"IN PRE-CONSTRUCTION NOTIFICATION APPLICATION with DWQ Express Addendum & Minor Variance Request for CEDAR CHEST SUBDIVISION RALEIGH, NORTH CAROLINA - WAKE COUNTY Submitted to: US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 0 and NC Division of Water Quality 401 Oversight/Express Review Permitting Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 Prepared for: Toxey Drive, LLC 702 Oberlin Road fc F?3 oWn SIP 2 2 2008 Suite 410 Raleigh, North Carolina 2760kTLA c°AM_DT'?MNATERBRANCH Prepared by: Scott Mitchell, PE, LSS Robin Eddy • DATE: September 4, 2008 PROJECT NO.: 5407 PO Box 341 Fuquay-Varina, North Carolina 27526 Office: 919-557-468 Fax: 919-557-4683 www.MitchellEnvironmental.com Mitchell Environmental, P.A. • September 22, 2008 Mr. James Shern Mrs. Lia M. Gilleski US Army Corps of Engineers DWQ - 401 WQC Unit 3331 Heritage Trade Dr, Suite 105 2321 Crabtree Boulevard, Suite 250 Wake Forest, North Carolina 27587 Raleigh, North Carolina 27604 Re: Cedar Chest Subdivision (Wake County - Neuse River Basin) Pre-Construction Notification Application - Express Review Dear Mr. Shern and Mrs. Gilleski: Attached is a complete PCN application package for the proposed Cedar Chest Subdivision. Cedar Chest is located on Toxey Road off Saint Mary's Road inside the Beltline in Wake County. The project site is a 4.78 acre residential site located in a well developed residential neighborhood. There is currently one house on the lot and it will be divided into 8 lots. . The jurisdictional impact for the proposed subdivision includes one road crossing. The road crossing is needed to gain access to the property for the proposed subdivided lots. Total impacts for the project are 0.00975 acres of wetland for the road crossing, 107 linear feet of stream channel, and 11,791 square feet protected buffers. There is no mitigation proposed for this project. Please feel free to call me if you have any questions or concerns regarding the attached PCN application or if you need any additional information. Thank you. Sincerely, Robin Eddy r 1 PO Box 341 Fuquay-Varina, North Carolina 27526 Office: 919-557-4682 Fax: 919-557-4683 • Office Use Only: Form Version March 05 USAGE Action ID No. DWQ No. E X P D%_ 1 3 4g (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 ® Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: #29 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. 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 II?? 1. Owner/Applicant Information Name: Toxey Drive, LLC SEE 2, 2 2008 Mailing Address: 702 Oberlin Road Suite 410 DENR `hA Raleigh, NC 27605 M56 A ?T?M H4TER BRANC,i Telephone Number: 919-832-6848 Fax Number: 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: Robin Eddy Company Affiliation: Mitchell Environmental PA Mailing Address: PO BOX 341 Fuquay Varina, NC 27526 Telephone Number: 919-557-4682 Fax Number: 919-557-4683 E-mail Address: robingmitchellenvironmental.com Page 5 of 13 c7li Page 6 of 13 • Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Stream and wetland impacts will result from the rg ading and construction of a public road. 2. Individually list wetland impacts. Types of 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. • Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet Area of Impact (acres) 1 Road crossing Wetland - grass in yard no 0 0.009 2 Road Crossing Wetland - grass in yard no 0 0.00075 Total Wetland Impact (acres) 0.00975 3. List the total acreage (estimated) of all existing wetlands on the property:0.0216 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multiply length X width, then divide by 43,560. C] Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial Intermittent? ? Average Stream Width Before Impact Impact Length linear feet Area of Impact (acres) 1 creek Road crossing perennial 3 ft. 107 0.0073 Total Stream Impact (by length and acreage) 107 0.0073 Page 8 of 13 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredaina, floodina, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (take, pond, estuary, sound, bay, ocean, etc. Area of Impact acres None Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0.0073 Wetland Impact (acres): 0.00975 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 107 • 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: • Page 9 of 13 • 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 street is designed according to the City of Raleigh street & subdivision design standards. The existing 24" CPM pipe will be utilized as to avoid reposition a new pipe. 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 January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.htm]. 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. Page 10 of 13 • None proposed 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres):0 Amount of Non-riparian wetland mitigation requested (acres):0 Amount of Coastal wetland mitigation requested (acres): 0 _ IX. Environmental Documentation (required by DWQ) 0 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 • (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC Page 11 of 13 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", 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 Multiplier Required (square feet) Mitigation 1 8,293 3 (2 for Catawba) 2 3,498 Total 11,791 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. None proposed XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The site total is 4.79 acres. The existing impervious areas are 0.28 Ac. The proposed impervious areas are 1.29 Ac. 27%. Storage chambers (stormtrap system) and level spreaders designed per DWQ guidelines will be utilized. See stormwater plan (pg. 7) for full details for calculations on nitrogen and buydown payment. 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. The site will utilize the local municipal sewer & water. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No 0 Is this an after-the-fact permit application? Yes ? No Page 12 of 13 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at If no, please provide a short narrative description: XV. 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). 1 Applicant/Age is Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) • Page 13 of 13 9/3/2008 Untitled Document --- WAKE • t"VAKC COUNTY AND "!r1Y^.: CITY OV HAit.'/.AGIII Cedar Chest Subdivision • • e Map created on 9/3/2008 4:42.07 PM. Copyright 2008. City of Raleigh. Wake County httn-//imam-, rn wakp nr u-,/iman-,/nrint f?l ?k i 1 /1 • Mitchell Environmental, P.A. AGENT AUTHORIZATION FORM ALL BLANKS TO BE FILLED IN BY CURRENT L-?- DONVNER Name: ?f Address: ? Phone: 11 • Project Name/Description: Cedar Chest Date: 08/25/2008 The Department of the Army US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive. Suite 105 Wake Forest. NC 27587 Attn: Field Office: Raleigh Re: Wetlands Related Consulting & Permitting To 'Whom It Mav Concern: 1. the current property owner. hereby designate and authorize Mitchell Environmental. P.A.. to act on my behalf as my agent in the processing of permit applications. to furnish upon request supplemental information in support of applications. etc.. from this day forward. This the day of This notification supercedes any previous correspondence concerning the agent for this project. PRINT Owner's Narne Cc: Ms. Cyndi Karoly NCDENR - Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh. NC 27699-1650 PROPERTY Owner's Signature PO Bo.v 341 l-ttelttcn 1'cirieiu..N'ai th Cat alitta 27,526 Utfice: 919-557-4682 Fax: 919-5-57-4683 T 0 Wetland: 0.0090 Ac. Impacted: 0.0090 Ac. kbe ting Pipe to 'Wetland: 0.0126-'Ac._ replla ed Impacted: 0.00075 ?c. 1 \? ?.. 111 ,4 S 6 AREAS J WITH, ET OR E \? \ e I PREPARED FOR: ?IITCEELL ENVrRONYBNTAL. P.A. 702 Obeft Rood, Sufts 410 CEDAR CHEST P.O. BOX 341 Rddgh, HC 27604 FUQUAY MARINA, NC 27526 DATE: SEPT 22, 2008 SCALE V - 40' RALEIGH, NC - HAKE COUNTY OFFICE. 919-557-4682 FAX: 919-557-4683 SO L SCiEN71ST CONTACT. IMPACTS MAP - DETAIL vnvw.Y{tehsU9nv{rvnmsnt%Leom SCOTT WTCHEU, PE, LSS 1 Wetland: 0.0090 Ac. Impacted. 0.0090. Ac. / Wetland: 0.0120,%Ac. Impacted: 0.4407>;. ? • _ . • ' ?• ,.?j ? .® \ ? J III xITCHBrs BNPIRONI[BNTAL. P.A. PREPARED FOR: Toxey ote, LLc CEDAR CHEST ..? 702 Obe in Rood. Suite 410 P.O. BOX 341 Rdeag, NC 27804 RALEIGH, NC - HAKE COUNTY 14 PUQUAY MARINA, NC 27526 OPPICE. 919-557-4682 DAIS SEPT 22. 2008 SCALE 1' = 60' FAX.• 919-557-4683 SOIL scIENnsr CONTACT' IMPACTS MAP - OVERALL unM.Mitoh6UXnvston7n&ntt.oom scorn mnoff i.. PE, tss North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 • • Date: a' f Protect. Latitude: Evaluator:' Site: j `? Jf I Longitude: Total Points: Stream is at least intermittent County: Other e Qu d N V:/ f if 219 or perennial if 2 30 .g. a ame: a r, A. Geomo holo (Subtotal = I ` ) Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 3. In-channel structure: riffle-pool sequence 0 1 2 :E3 4. Soil texture or stream substrate sorting 0 1 3 5. Active/relic floodplain 0 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 'b? 1 2 3 8. Recent alluvial deposits 0 1 f 3 9 a Natural levees 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 Yes = 3 M'21 rniaue utuates are not rated, see oiscussions in manuai B. Hvdroloav (Subtotal = 1 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or growing season 0 1 3 16. Leaflitter 1.5 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0.5 ='1 1.5 19. Hydric soils (redoximorphic features) present? No - d) Yes = 1.5 C. Bioloov (Subtotal = 1 20b. Fibrous roots in channel 3 2 1 0 21 . Rooted plants in channel ?3 2 1 0 22_ Crayfish V 0.5 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 05) 1 1.5 27. Filamentous algae; periphyton 0 17) 2 3 28. Iron oxidizing bacteriatfungus. 0 0.5 1 1.5 29 b. Wetland plants in streambed FAC = 0.5; FACW = 0075; OBL = 1.5 SAV = 2.0; Other = 0 iteiny cv anu t i ivuus on the presence oT upiana piants, item zu Tocuses on the presence oT aquatic or wenand plants. Notes: (use back side of this form for additional notes.) Sketch: . Gamey !'?o??ry 7 Tvx ey ??,? <<? y Project Name Nearest Road County WA «--- Wetland Area 0= 00 1 acres Wetland Width feet Name of evaluator R Go 141011 Date 1911f'07 • Wetland Location on pond or lake y on perennial stream on intermittent stream within interstream divide other Soil series COG' I _ predominantly organic - humus, muck, or peat predominnantly mineral - non-sandy predominantly sandy Hydraulic factors _ steep topography _ ditched or channelized total wetland width z 100 feet Adjacent land use (within 1/2 mile upstream, upslope, or radius) forested/natural vegetation % agriculture, urban/suburban Y9 % impervious surface 1015% Dominant vegetation (1) Tw ke (2) Ca ffa ? is (3) Peru S Flooding and wetness semipermanently to permanently flooded or inundated seasonally flooded or inundated ? inteimittanly flooded or temporary surface water no evidence of flooding or surface water Wetland type (select one)* . Bottomland hardwood forest Pine savanna Headwater forest Freshwater marsh Swamp forest Bog/fen Wet flat Ephemeral wetland Pocosin Carolina Bay Bog forest ? Other f! ?i%r1 bP+ o _________ *the rating system cannot be applied to salt or brackish-marshes or stream channels ___ weight R Water storage ds x 4.00 = A Bank/Shoreline stabilization x 4.00 = T Pollutant removal * x 5.00 = N G Wildlife habitat Aquatic life value Recreation/Education 0 0.5 x 2.00 = x 4.00 = x 1.00 = G/r?4q S T"r?Pa?+! ------------------- Wetland Rating *Add I point if in sensitive watershed and >10% nonpoint disturbance within 1/2 mile upstream, unslnne or radius. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) • • • ProjecUSite: 2 '7:e f ©X e- trr l ; /' Date: Appticant/Owner. LrrG? r' County: t- r r, Investigator State: rfi Do Normal Circumstances Exist on the site? cY No Community. ID :O _ t . t , Is the site significantly disturbed (Atypical Situation)? No Transect ID: Is the area a potential Problem Area? . Yes Plot ID: (if needed, explain on reverse.) VEGETATION )dominant Plant Species Stratum Indicator Dominant Plant Soecies Stratum Indicator n 1 Lfri_ode?`x'i ee,? ,j 9. _ 10. 4. IV A, T t'v 12. 13. ?t `'T i/?rs°:+° fM µr' 2c, 'err 6. 14. 7 ( 15. 8 16. Percent of Dominant Species that are OBL, FACW or FAC di FAG l (exc ng u ). a Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Wetland hydrology Indicators: Stream, Lake, or Tide Gauge Primary Indicators: _ Aerial Photographs Inundated _ Other Saturated in Upper 12 Inches _ No Recorded Data Available Water Marks Drift Lines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Sal: i" `r • (in.) FAC-Neutrai Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name # C? ` E (Series and Phase): Drainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Descriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon Wunsell Moist) (Munsell Moist) Abundance/Contrast Structure. etc. Hydric Sal Indicators: _ Histosol _ Concretions _ Histic Epipedon - High Organic Content in Surfa ce Layer Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Agidc 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: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes (Circle) (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes No) Is this Sampling Point Within a Wetland? Yes / Nod Remarks: is • Approved by HQUSACE 3192 B ?, 1 or s 7 Yl Cj:. f..J • Ll 0 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: ?3 Date: 7-11 ,f i Applicant/Owner.? County: tom', Investigator. State: !1/4- Normal Circumstances Exist on the site? No Community ID : Is the site significantly disturbed (Atypical Situation)? c, es No Transect ID: Is the area a potential Problem Area? Yes ) Plot ID: T (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 9. 2. 10. f 4i 1 ?r,,,{ t rt t. ;Yi 3. f f ? '/1 ?'r t 4 r - . 12. 5. -''fit v?:. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC 3 4 ' (excluding FAG). Remarks: 11 HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge _ Aerial Photographs - Other No Recorded Data Available Wetland hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks =Drift Lines Field Observations: Sediment Deposits -7 Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondsyy Indicators (2 or more required): V Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: (in.) Water-Stained Leaves Local Sal Survey Data Depth to Saturated Soil: 9 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name /, i C ` J (Series and Phase): l Drainage Class: Feld Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure-etc. L. !7 . G ^ ? 1 1=- ?' ?? ?: ? ' ,1.`- r' O ,?.-Y` ''ski t ?r. / ('} ?? r- iJ.'?/ ?('L V '??r? f?' ri / < <> ll 'b'f j ??vs!f<`t'J`'?." r ;'?''; r9'>??" Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon - High Organic Content in Surfa ce Layer Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils Agtlic 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: WETLAND DETERMINATION Hydrophytic Vegetation Present? No (Circle) (Circle) Wetland Hydrology Present? je No Hydric Soils Present? No Is this Sampling Point Within a Wetland? 'Y No Remarks: ct i Approved by HQUSAGE X99 ,• • • USAGE AID-- DWQ Site ,r (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET *Provide the following information for the stream reach under assessment: f 1. Applicant's name: v!G??fia' 2. Evaluator's name:- 3. Date of evaluation: ?j t' 4. Time of evaluation: 5. Name of stream: 64 T 6. River basin: 7. Approximate drainage area: 9. Length of reach evaluated: 11. Site coordinates (if known): prefer in decimal decrees. Latitude (ex. 33.872312 ): ? S y 10. Countv: - 12. Subdivision name (if any):. Lonaitudelex.-',7.556611 Method location determined (circle): GAS "'op" Shecb-" roOrtho ( Aerial) PhotoiGIS Other GIS Other 13. Location of reach under evaluation (note en arFiv ads and landmarks and attach map identifi ing stream(s) location): 14. Proposed channel work (if any): I 15. Recent weather conditions: ???'>s 16. Site conditions at time of visit: 17. Identify any special waterway classifications known: Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NC If yes.. estimate the water surface area: • 19. Does channel appear on USGS quad map? YES + 20. Does channel appear on USDA Soil Survey? 5 E NO 'JO 21. Estimated watershed land use: ? °b Residential Commercial °%o Industrial 0,,b Agricultural %o Forested Cleared Logged Other 22. Bankfull width: ° - 23. Bank height (from bed to top of bank): - 24. Channel slope down center ofstream: -Flat (0 to 2%) -Gentle (2 to 4°,o) f Moderate (4 to 10°,0) -Steep (>10%) 25. Channel sinuosity: Straight -Occasional bends f Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by detennining the most appropriate ecoregion based on location, terrain. vegetation, stream classification, etc. Every, characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): - ` Comments: Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in • gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USAGE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06,03. To Comment, please call 919-876-8441 x 26. 8. Stream order: STREAM QUALITY ASSESSMENT WORKSHEET ECOREG ION POINT RANGE SCO # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow /persistent pools in stream 0-5 0-4 0-5 -" (no flow or saturation = 0; strop flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 V extensive alteration = 0; no alteration = max points) ' Riparian zone 0-6 0-4 0-5 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 '°' (extensive discharges = 0; no discharges = max points 5 Groundwater discharge 0-3 0-4 0-4 U no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0 - 4 0 - 4 0 - 2 (no floodplain = 0; extensive flood lain = max points y" 7 Entrenchment / floodplain access 0-5 0-4 0-2 0. (deeply entrenched = 0• frequent flooding = max points) Presence of adjacent wetlands j 0- 6 0- 4 0- 2 acent wetlands = max points) (no wetlands = 0• large ad 9 Channel sinuosity 0-5 0-4 0-3 ? extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 extensive deposition= 0; little or no sediment = max points) I 1 Size & diversity of channel bed substrate NA* 0-4 0-5 fine, homogenous = 0; large, diverse sizes = max points) 1 Evidence of channel incision or widening 0-5 0-4 0-5 -7 (deeply incised = 0; stable bed & banks = max points 13 Presence of major bank failures 0-5 0-5 0-5 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 no visible roots = 0; dense roots throughout = max points) .,.. Impact by agriculture, livestock, or timber production 0 5 0-4 0-5 p = 15 substantial impact -0; no evidence = max points) - 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 - (no riffles/ripples or pools = 0, well-developed = max oints F d 17 Habitat complexity 0-6 0-6 0-6 ' little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 x (no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 (deeply embedded = 0; loose structure = max) Presence of stream invertebrates (see page 4) 0 4 0-5 0-5 20 no evidence = 0; common numerous types = max points) - L7 I I Presence of amphibians p_ 4 0- 4 0- 4 O (no evidence = 0; common, numerous types = max points) a O 22 Presence of fish 0-4 0-4 0-4 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 8 , no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) * These characteristics are not assessed in coastal streams. 11W