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HomeMy WebLinkAbout20021169 Ver 1_Complete File_20020911p?0? \ NA T ?RQG co r A Ua O `r September 11, 2002 DWQ# 02-1169 Wake County Mr. Glenn Futrell P.O. Box 3006 Cary, NC, 27519 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Futrell: You have our approval, in accordance with the attached conditions, to place permanent fill in 0.0887 acre of wetlands and 390 linear feet of intermittent and perennial streams and to place temporary fill in 66 linear feet of perennial streams in order to construct the Highcroft Planned Unit Development in Wake County, as described in your application received by the Division of Water Quality on July 23, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3374 and 3362, which can be downloaded from our web site at htti):Hh2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Numbers 12 and 39 when issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions.. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional conditions listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr,state.nc.us/ncwetlands . 2. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, Mail Service Center 6714, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please call Steve Mitchell or Debbie Edwards in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central Office at 919-733-9721. Sincerely, f P. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality . Aft Customer Service 1 800 623-7748 AW K/cbk Attachments cc: Corps of Engineers Raleigh Regulatory Field Office Raleigh DWO Regional Office Central Files File Copy Laura Gadd, 11010 Raven Ridge Road, Raleigh, NC, 27614 021169 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Steve Mitchell WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Higheroft - P.U.D Project Number 02 1169 Recvd From APP Received Date 7/23/02 Recvd By Region Project Type residential County Wake County2 Region Raleigh Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE 39 Stream O Y O N _16-41-6-2-( WSIV NSW 30,605. F-390.56 _ ?- 12 OTH R 7Y O N - - 30,605. 0.09 I r 7-Ir- O Y _0N F-(-F-F-Ir-f r I I -F__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y Q N Recommendation: QQ Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Crossing R-1 is a dead end T intersection for the next phase. If site is compliant with Cary's stormwater reg,........Issue cc: Regional Office Central Office Page Number 1 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 July 23, 2002 NCDENR-DWQ Attn: Mr. John Dorney 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 US Army Corps of Engineers Attn: Ms. Amanda Jones 6508 Falls of the Neuse Rd., Ste. 120 Raleigh, NC 27615 RE: Nationwide Permit 12 & 39/401 Water Quality Certification Highcroft-P.U.D. Cary, Wake County, North Carolina S&EC Project #: 01-6558 Dear Ms. Jones and Mr. Dorney, On behalf of Glenn Futrell (property owner), we hereby request authorization from the US Army Corps of Engineers to use Nationwide Permits 12 and 39 to cover impacts to stream channels and wetlands (see attached overall map). We also request written concurrence from the North Carolina Division of Water Quality that the project complies with the 401 Water Quality Certifications associated with Nationwide Permit 12 and 39. A Pre-construction Notification Application (PCN) is attached, which includes an agent authorization form. The proposed project consists of impacts from the construction of access roads for a residential housing development and a sewer line. The project is located southwest of the intersection of Green Hope School Road (SR 1622) and Sears Farm Road (SR 1621) and is bordered roughly on the south by Bachelor Branch Creek. The site is approximately 120 acres in size and consists of pasture, recently logged tracts, and oak/hickory forests. Please refer to the attached USGS map, which displays the location of the proposed project. S&EC performed a detailed wetland delineation and buffer evaluation on the property in September of 2001. Ms. Amanda Jones of the USACE approved the delineation in March, 2002 (AID # 200220605), and Mr. Matt Flynn of the Town of Cary confirmed the buffer determination on December 19, 2001. A copy of Mr. Flynn's letter is also attached. Charlotte Office: Greensboro Office: Hickory Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820 The applicant requested a detailed wetland delineation and buffer evaluation on the property prior to site plan development in order to avoid jurisdictional wetlands and waters and riparian buffers to the maxim ext t practicable. The proposed ro s and sewerline will impact approximate . 87 cres of jurisdictional wetland 5 linear feet of intermittent channel, an 135 f perennial channel. Temporary impacts associated with the installation of the sanitary sewer consist of 66 linear feet of channel impact. These impacts are elaborated upon within the attached PCN form and are shown on the attached inset impact maps. The proposed roadways are needed to gain access to the entire property. It is necessary to cross the northernmost channel twice with impacts R1 and R2 in order to comply with the own of Ca 's connectivity and cul- a-sac len es pee attached impact juste >cation letter dated 7/15/02). oa crossing R3 impacts a perennial stream that bisects the property from east to west and is unavoidable in order to access the southern portion of the property. Impacts were minimized, however, by reducing the roadway section, using 2:1 fill slopes, and crossing at a near perpendicular angle (see attached impact justification letter-7/15/02). Also, the applicant would ideally align the sewerline crossing (impact R4) below the confluence of the two streams in order to decrease the linear footage of impact. This is not possible, however, due to the location of the existing pump station, which necessitates crossing near the confluence of the two streams (see attached impact justification letter-7/15/02). The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and compensatory mitigation to offset unavoidable losses of waters of the US when impacts exceed the requirements for notification (0.10 acre). The proposed roads and sewerline are necessary to access the entire property and provide sanitary service to the residential subdivision, as discussed above and in the attached impact justification letter. Because the applicant has minimized impacts to the maximum extent practicable and will maintain riparian buffers as per the Town of Cary buffer rules, S&EC believes further compensatory mitigation should not be required by the USACE. NC-DWQ's current policy requires written concurrence for stream impacts of greater or equal to 150 linear feet of stream length per project. We request written concurrence that the project complies with the 401 Water Quality Certification associated with Nationwide Permit 12 and 39. NC-DWQ's current policy does not require wetland or stream mitigation for perennial stream channel impacts below 0.1 acre and 150 linear feet per project. Because the total permanent impacts to perennial channels are less than 150 feet and only 0.0887 acres of wetlands impacts are proposed, we do not believe that wetland nor stream mitigation should be required by NC-DWQ. Please note that following construction the site will contain les han 24° ustification letter- 7/15/02). Because wetland impacts are below 0.1 acres and because impervious surface will be less than 30%, we do not believe that this project requires a pre-approved stormwater plan. Please call if you require any additional information or have any questions. Sincerely, 1 r- Laura Gadd Todd Preuninger Wetland Scientist Biologist Attachments: Pre-construction (PCN) notification form Impact justification letter USGS Site Vicinity Map Wake County Soil Survey Map Impact reference map and 4 larger-scale inset maps Agent Authorization form Buffer confirmation letter from Matt Flynn Jurisdictional determination tear sheet Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 12,39 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 (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Glenn Futrell Mailing Address: P.O. Box 3006 Cary, NC 27519 Telephone Number: (919) 467-6935 Fax Number: (919) 467-6935 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Todd Preuninger Company Affiliation: Soil and Environmental Consultants PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address: preuningeer(a)sandec.com Page 3 of 13 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-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: HIGHCROFT - P.U.D. 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): Tractl: 0734.01-46-2555. Tract 2: 0734.01-46- 9408 Tract 3: 0734.03-33-1901. Tract 4: 0734.03-34-1205 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): White Oak Directions to site (include road numbers, landmarks, etc.): The site is located southwest of the intersection of Green Hope School Road (SR 1621) and Sears Farm Road (SR 1622) in Carv NC. 5. Site coordinates, if available (UTM or Lat/Long): RE 35°48'12.93"N 78°53'7.21"W R2:35°48'10.19"N 78°53'12.83"w R3:35°47'56.15"N 78°53'7.8111W R4:35°47'33.81"N 78053'22.88"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 5. Describe the existing land use or condition of the site at the time of this application: The site is currently wooded and undeveloped. 6. Property size (acres): approximately 120 acres. 7. Nearest body of water (stream/river/sound/ocean/lake): Bachelor Branch 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:Hh2o.enr.state.nc.us/admin/maps/.) Page 4 of 13 9. Describe the purpose of the proposed work: The purpose of the proposed work is to provide road access and sanitary sewer service to the proposed residential subdivision. Impacts are necessary in order to gain access to all usable areas of the property. 10. List the type of equipment to be used to construct the project: Heavy equipment associated with road construction and sewer line installation will be used for this project. 11. Describe the land use in the vicinity of this project: Primarily rural and residential housing within the vicinity of the project. 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. S&EC conducted a wetland delineation in September, 2001 and acquired a jurisdictional determination by Ms. Amanda Jones of the USACE (Action ID #20020605). Please see the attached Notification of Jurisdictional Determination. S&EC also conducted a buffer evaluation on the property on October 19, 2001 with Mr. Matt Flynn of the Town of Cary. Please refer to the attached buffer confirmation letter by Mr. Flynn. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: None planned at this time 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 Page 5 of 13 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** indicate on ma acres es/no linear feet R3 Permanent/Fill 0.0887 No Adjacent Headwater forest * 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 htto://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 3.746 acres Total area of wetland impact proposed: 0.0887 acres (impact R3) 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length Average Width Perennial or Site Number Type of Impact* of Impact Stream Name** of Stream Intermittent? (indicate on map) (linear Before Impact (please specify) feet Rl Permanent 150' UT to Bachelor Branch 3' Intermittent Culvert & Riprap R2 Permanent 105' UT to Bachelor Branch 3' Intermittent Culvert & Ri ra R3 Permanent 135' UT to Bachelor Branch 3' Perennial Culvert & Ri ra R4 Temporary 66' UT to Bachelor Branch 3' Perennial Excavation * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 255 linear feet of Intermittent/non-important stream channel, 135 linear feet of important/perennial stream channel, and 66 of temporary channel impacts. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name Wat Type of Waterbody Site Number Type of Impact* Impact ) (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, ocean, etc. N/A N/A N/A N/A N/A Page 6 of 13 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed roadways are needed to gain access to the entire 12roperty. It is necessary to cross the northernmost channel twice with impacts R1 and R2 in order to comply with the Town of CM's connectivity and cul-de-sac length ordinances (see attached impact justification letter dated 7/15/02). Road crossing R3 impacts a perennial stream that bisects the property from east to west and is unavoidable in order to access the southern portion of the property. Impacts were minimized however, by reducing the roadway section, using 2:1 fill slopes, and crossing at a near perpendicular angle (see attached impact justification letter-7/15/02). Also, the applicant would have ideally aligned the sewerline crossing (impact R4) below the confluence of the two streams in order to decrease the linear footage of impact. This is not possible, however, due to the location of the existing pump station which necessitates crossing near the confluence of the two streams (see attached impact justification letter-7/15/02). VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors Page 7 of 13 including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and compensatory mitigation to offset unavoidable losses of waters of the US when impacts exceed the requirements for notification (0.10 acre).. The proposed roads and sewerline are necessary to access the entire property and provide sanitary service to the residential subdivision, as discussed above and in the attached impact justification letter. Because the applicant has minimized impacts to the maximum extent practicable and will maintain riparian buffers as per the Town of Card buffer rules S&EC believes further compensatory mitigation should not be required by the USACE. NC-DWQ's current policy requires written concurrence for stream impacts of greater or equal to 150 linear feet of stream length per project We request written concurrence that the project complies with the 401 Water Quality Certification associated with Nationwide Permit 12 and 39 NC-DWQ's current policy does not require wetland or stream mitigation for perennial stream channel impacts below 0.1 acre and 150 linear feet per project. Because the total permanent impacts to perennial channels are less than 150 feet and only 0.0887 acres of wetlands impacts are proposed we do not believe that wetland nor stream mitigation should be required by NC-DW 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the Page 8 of 13 NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's), responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Page 9 of 13 Zone* Impact (square feet Multiplier Required Mitigation 1 NA 3 NA 2 NA 1.5 NA Total NA NA * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Following construction the site will contain less than 24% impervious surface iustification letter- 7/15/02) Because wetland impacts are below 0.1 acres and because impervious surface will be less than 30% we do not believe that this project requires a pre-approved stormwater plan Although no stormwater plan is required stormwater will be treated using currently approved best management practices XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sanitary service XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on Page 10 of 13 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). NA Applicant g? ent's (Agent's signature _71;L3 01 Date only if an authorization letter from the applicant is provided.) Page 11 of 13 WITH ERB RAVEN EL ENGINEERS I PLANNERS I SURVEYORS July 15, 2002 Mr. Todd Preuninger Soil & Environmental Consultants 11olo Raven Ridge Road Raleigh, North Carolina 27614 I (D EVE DR, JUL 1 6 2UU2 RE: Highcroft Subdivision WR Project #202o63 S&EC Project #6558 Mr. Preuninger: We are providing this letter at your request to provide supplemental data regarding the project's proposed wetland & riparian buffer impacts. We understand this information to be required for the review and approval of the proposed impacts by the US Army Corps of Engineers and the North Carolina Department of Environment and Natural Resources. The proposed project lies within the Cape Fear River basin and consists of ± 226 single-family home sites and a community recreation area on approximately 114 acres. The proposed project impervious surface percentage is below 24% including the associated open space dedication. Additionally, the developer has dedicated 22.25 acres of land to the Wake County school system, to be developed separately. Currently construction drawings have been completed for phase 1 of the development only. However, we have provided proposed impact maps for all phases of the subdivision construction. The intermittent stream channel, impacted by the R1 & R2 crossings, bisects the site from east to west. The primary orientation of the site is from north to south necessitating a channel crossing be constructed. The R2 crossing serves a collector roadway that will serve a proposed Wake County school in addition to serving as the primary entrance for the proposed subdivision. This crossing was located over an existing driveway culvert to minimize stream channel impacts. Other practices utilized to minimize impacts include 2:1 fill slopes, reduced roadway cross-section and headwalls. The R1 crossing is required to comply with Town of Cary connectivity and cul-de-sac length ordinances, which provide for safer and more useable communities. We have located this crossing as close as feasible to the eastern property boundary. This will locate the crossing at the extreme beginning of the channel feature. This crossing will be constructed utilizing the minimum allowable Town of Cary street cross-section for a subdivision street with 2:1 fill slopes. Please note the stormwater associated with these crossings shall be treated through proposed best management practices prior to release into the existing stream channel. Given the projects location in the Cape Fear Basin and it's proposed impervious surface percentage of less than 24%, this proposed stormwater treatment likely exceeds the typical requirements of the current Federal and State statutes. The perennial channel & wetland area, impacted by the R3 crossing, also bisects the sight from east to west. The R3 crossing serves the collector roadway indicated in the above paragraph for the R2 crossing. Practices utilized to minimize the impacts at this crossing include 2:1 fill slopes, reduced roadway section, headwalls and stormwater treatment through best management practices. ill MacKenan Drive i Cary, North Carolina 27511 1 tel: 919.469.3340 1 fax: 9i9.467.6oo8 i www.withersravenel.com The perennial channel, impacted by the R4 utility crossing, is located adjacent to an existing sanitary sewer pumping station. We recognize this location may not be ideal from an impact standpoint, however the location of the existing facilities necessitates the location of the crossing. It should further be noted that this is a utility crossing only and the impacts should be temporary in nature. We trust the above information will assist in your obtaining disturbance permits for the proposed project. Please advise should you require any additional information. Sincerely, WITHERS &-RAVENEL, INC. Jason A. Bertoncino, PE CC: Mr. Glen Futrell, Highcroft Investors, L.L.C. iii/?f?w?SU v\\I X700 ?`1 ( v - \?_` _ - < ? ? ??, C1 a ?_- ?l `???\ J \ ? ` / 0 • ?? u r\Q >> of ' _ •?? g ??????'??-?? ? ,'?I?' \f D ?Q ? (? ? /l • 272 /?- - /?;???' l? 3? ? -` 14 Project 0: Scale: 014558 1" = 2000' Figure 1- USGS Quad Project Date: Mgr.: TP 1013101 Sears Farts Road XG Cary, Wake County, NC GREEN LEVEL, N. C. SW/4 DURHAM SOUTH 15' QUADRANGLE N3545-W7852.5/7.5 1973 PHOTOREVISED 1981 DMA 5255 IV SW-SERIES V842 Soil & Environmental Consultants, Inc. 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com Project !!: Scale: 01.6558 I"= 1320' Project Date: Mgr.: TP 1013101 Figure 2 - Soil Survey Sears Farm Road XG Cary, Wake County, NC Soil & Environmental Consultants, Inc. 11010 Raven Ridge Rd. - Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com WAKE COUNTY, NORTH CAROLINA - SHEET NUMBER 45 -m'?aMMM'/y+- yppit#{lid b(['gY61f ?1 IIS[i M1?1?P°M''?) W?0-?-1?Y1111 SVOA3AVnS I S>f3NNVlf1 1 SY33NISN3 -13N3AWN .? E3N3H11M a? - :?NJS ? ocl o osl of ry L 39 •Y "612 1V3S?p `?,?ana H?'rp t isno C\ 1 1'1? 11 :'IjIII ;,111 Illy C) I z • ? r Illl I?'y'• ; a I O O ?O" GSnd? ?I I z 3On i A, i S&V..3S 3 w a 2 4,a ?? lIS w? `'' , WV ? ? T ??ti X00 yo 3 d`V4 UNI0IA room rty pNMN4 V 3snDi3 33s 1 1 r , r r ?NI '3?----- r i rr 'ONI '3SC 1 I r 1 r r r I 1 rA YO 30 NMOl I ; 3snin3 1 . r 1 r r ; 1A01 3 CARPENTER CHURCH RD. HWY 55 Q r??p? ti Z (n T wL A RD. V C tizu& N O a rn 0 3 u- J F- Lz ?2 U w I D J LLI a d to O N co L I I m I j I I r7 I M N r7 d LT m L O Ole z?Y ?o< W 0 H In ? of 1 Z.i _: r ll9l tIS-OVOM OOHJS MOH N33HO Y ? W = N 1 N ? W Z. W W ?.. N y N W i t SKI W yy" LLJ Lki 17 1,4, tP Qt cl- I1 ?II???I???Y,?•, 1?I?Ij?+rr?//.(i ,-,- -ice `\ ------------ ? ,?.' Lu CL ? ?'?r?, ICI (j' ??; i Z ? \tt •? LLJ W \ \\ \? ``; :`; O -?i LL. LLI V.. • 1- _ -V?;` _ i i".%/ ,t,Vj: -_ ' Lim i! 1 I / ??,' 1 11 'P r ? u ' /`?? -::. -. :: •,'• ?,?•- Jj /?%' ??// Oro (/, :ice/;.• , .: ?•-_' ?'??'?,r„ SfJ` g0. _V 2 41': /11 ILI r i ' ?',i Ali r? /?? / '. ? / r I' ? t ? ``•.-_• ice/ r ? ? o i Z LrL 1 0 i ? ?II r LL W (J1 pit ? Y 1 1 r i, ' w'rlY.?t•F?I?Y?w??A1,11ydpVr QlOOiYmC'II(IIR6TA GOfAVG'?'V'ITIYIBr10QMt78E11GOGOMW -----? 40 - _ ?-??- ---- - - - - - - - - - - - - - - - bill- See Ovemll Wetlands Impact Slap for Area Locafion WITHERS & RAVENEL ° ENGINEERS 1 PLANNERS 1 SURVEYORS 111 MacKenan Drive Cary, North Carolina 27511 tel: 9 19 4 69-3 3 90 lap: 919467-6008 vr -ithersravenel.corn GRAPHIC SCALE 1"-50' 25 0 25 50 75 FIGURE 4: AREA OF WETLANDS HIGHCROFT P.U.D. WETLANDS IMPACT C.ARY WAKE COUNTY NORTH CAROLINA LR4 TEMPORARY CHANNEL IMPACT - 66 LF r \ ------------- 36 -_ ------------ ---------- --------- -------- _ ---- CHANNEL IMPA\QTS \ -------------- 150 LF \\ -------- ?? - --------- / / ?J ?? \ \ \ \ \ / / / \ I ! I ----- - ---- -- 23- \ /'? I 1 1 I 41 ---------- _ - - _ - \ _ _ - - ___? ? ` a------ '// •/ ,? Ali,/'•f // ' _-;; ---G-- __ _ _ 1 __ ------------ See Overall Wetlands Impact Map for Area Location 0 o WITHERS & RAVENEL ° ENGINEERS I PLANNERS I SURVEYORS y111 MacKenan Drive Cary, Nonh Carolina 27511 tel: 919-469-3740 lax: 919-467-6008 www.withe-enel.com GRAPHIC SCALE 1"-50' 25 0 25 50 7! FIGURE 1: AREA OF WETLANDS HI GHCROFT P.U.D. WETLANDS IMPACT CARY WAKE COUNTY NORTH CAROLINA --360 991 ------------- -------- ?4--- \---- -_ ?i - - ---------` - \ ?' --- _--? ---------------------------- ------------- A I 1 / - -- _ I\ 7 I V -- - - ------ - ?, - - - - - - - - - _ ------------------------ i '!^ -- _ - _ - - - -------- ?l---- ------------___ -- -- - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - ----------------- -- 35 _ - ---------------------------------- ---------------- ------ ? ------------------- ----- ---' , R /------- ----------- ------------------ ------------------- ' CHAfdIdEt T?1PAS - __------_ ---------------- 105- ?? 340 --- ---------- --- EX CU FT, \1 I,lr A 14 I I I I I r 1-- - / ,71 j 111 r ! I I ?? ?' 1:\' I ! !? I j ? ? I 111 I I ? ? ( 1 I I j I } ,I 1 ! ,' o_:' J r I I f 1 11? 1 1 1 11?I } I I \ l I I 1 } I I , N ,, -" ?. / +..---? ! l i ! I 1 1 1 1 1 1 } \ \ \ 1 l I 1 I I I / ? _- ?.?--- '-c.• !I / ;! ! 'V I I 1 \\ \ \\ \\ \ \ \ \•`\ \\\ II I ?I I ' ^I I II 3 GRAPHIC SCALE 1"-50' Rote: See Overall Wetlands Impact Map for Area Location 25 0 25 50 7s O C, W 1 T H E R S & RAV E N E L FIGURE 2: AREA OF WETLANDS HIGHCROFT P.U.D. WETLANDS IMPACT `' ENGINEERS 1 PLANNERS i SURVEYORS -* I 1 Me K-- Drive Cary, N.dh Carolina 27511 le l: 919469.3340 h.: 919-4676008 - wid,erv.-I cum GARY WAKE COUNTY NORTH CAROLINA -- -------?\ - ------ ---,1 fd- --? ------------- ------------ /_ ----- ---- , -_ Rte`-' • - i -?' --- ?__ -- ,,,?. ?,_ _--- ? ?`, ------------ " ----- - - "- _-- 320 (0.0887 acres) ------------ .u' Vii'/i%i/?%. -- /sir. ,/' ./.%• / / /( \ I // / '/A Ck. J. 96 If \\\??_ / A\ I 3 GRAPHIC SCALE M Note: See Overall Wetlands ImDoct Mao For Area Location 25 0 25 50 75, WITHERS & RAVENEL ° ENGINEERS 1 PLANNERS I SURVEYORS y411 MacKenan Orwe Cary, North Carolina 27511 iel. 919-469-3340 fa.: g19467 6008 www-the¢ra.•enel.com FIGURE 3: AREA OF WETLANDS HIGHCROFT P.U.D. WETLANDS IMPACT CARY WAKE muNTY NORTH CAROLINA OCT-08-01 TUE 10:46 AM GLENNFUTRELL 4676935 P.02 10,•0? 2001 09136 9198469467 10 Raven Midge Road • Ralaiglt, North CatoUna 27614 AGENT AUTHORIZA101? vi Al, Blanks To Be Filled n R The Current ?nddwM S&EC PAGE 02/02 X11 & Environmelltal 0005 ltantS FA 1~I o e (91 ) 846-5900 1 Fax: (919) 8946-9467 Phone: (' 9s Project Name/ Description: SCko i i- --. The f)epa.rtilwnt of the Arroty U.S. Army Corps of Engineers, Wiimiirtgton District P.O. Box 1,890 Wi.linington, NC 28402 Attn: Ms. A A-nda ones - --?. Field Office: i h Re: Wetlands Related Consulting and Perurri 119 To Whom It May Concern: I, the current QP= owner, hereby designate and authorize Soil & Envi=nlental Consultants, VA to actin my behalf as my agent in the processing of permit ftpplicataoxl9, to furnish upon reddest supplemental information In support of applications, etc, from this day forward. The ? F --day of 'rhis notification supersedes any previous correspondence cortcerlling the agent for this project. NOTICE This authorization, for liability and professional cote rtesy reasons, is valid only for government officials to enter the property when accomra; ied by S&EC staff. You should calIS&K to a.,yange a site mQetirlg prior to visiting the site. ('.A, - Print Property Owner's Name cc: Mr. John Dorney NCDENR DWQ 2321 C;rabbree Boulevard Raleigh., NC 27604 property Owner's Signature cc, Mr. Todd Preurvalger Soil & Pttvhonttie?ntal Consultants, PA wank ascot autlh forrt.doa: (3re=boro Q0M' ffic itii I ? ; .,. .,uc_... n,.. n_...... n..4A l-?a 1- - --?-- Name: ,Address: ENGINEERING DEPARTMENT December 19, 2001 Todd Preuninger Soil and Environmental Consultants Inc. 11010 Raven Ridge Rd. Raleigh, NC 27614 Subject: Jordan Lake Watershed Riparian Buffer Rules TCRB 01-006 Sears Farm Rd. Site (S&EC #01-6558) Dear Mr. Preuninger: The site location map and other information that was provided, allowed a determination to be made as to whether or not the referenced site would require compliance with Town of Cary Riparian Buffer Rules. This project is referenced by the Town of Cary as TCRB 01-006. Nine stream features are indicated on the Wake County Soil Survey (A, B, C, D, E, F, G, H, I) and three stream features are indicated on the Green Level USGS Quadrangle (E, F, H). On October 19, 2001 Town of Cary staff completed a site visit and determined that features D (between 100 and 101), E (from eastern property line to 1000), F (below 261), and H are subject to protection under the Stormwater Management Plan: Protecting Riparian Buffers, Town of Cary UDO - 14.6.2 - 14.6.3. Features A, B, C, G and I are not subject to protection. This letter only addresses Town of Cary Buffer Rules at the referenced site. Thank you for your attention to this matter and if this office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Matthew Flynn Town of Cary Engineering Department Cc: Stormwater Section/Tom Horstman D: TCRB006.doc TOWN Of CARY 318 North Academy Street •Cary, NC 275139 PO Box 8005•Cary, NC 27512-8005 tel 919-469-4030 9 fax 919-460-4935• .vww.townofcary.org U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200220605 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner Glean Futrell Address P.O. Box 3006 Cary, NC 27519 Telephone Number 919-467-6935 Authorized Agent Soil & Environmental Consultants, Inc. Attn: Todd Preuninger Address 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number 919-846-5900 Size and Location of Property (waterbody, Highway name/number, town; etc.): The property known as Highcroft PUD is located on the south side of Green Hope School Road (SR 1621), approximately 900 feet west of its intersection with Sears Farm Road (SR 1622), in Cary, Wake County, North Carolina. Basis for Determination: The site contains wetlands and stream channels with indicators of ordinary high water marks, located adjacent to and including Bachelor Branch and its unnamed tributaries, above headwaters, in the Cape Fear River Basin. Indicate Which of the Following Apply: There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should be delineated and surveyed.* The surveyed wetland lines must be verified by otir staff before the Corps will make a final jurisdictional determination on your property. -Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Project Manager Signature- Date March 1. 2002 ion Date March 1, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.