20081832 Ver 1_401 Application_20081208

KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
7921 Haymarket Lane, Raleigh, NC
[phone]
Fax[phone]
LETTER OF TRANSMITTAL
TO: NC Division of Water Quality
WE ARE SENDING YOU THE FOLLOWING:
® Pre-construction Notification (PCN) ® Plans
® Documents ? Other
® Maps
THESE ARE TRANSMITTED AS CHECKED BELOW
® For approval ? As requested ® For review & comment
® Please reply ? See below ® For your files
? Regular Mail ? Fed-Ex ® Delivered by KE
n o ^
Del: ? e 2008
WFTER GUALIN
DEW.
VVLpNDS AND S,,,VgA1'ER BRANCH
? Specifications
? Picked Up
COPIES DATE DESCRIPTION
1 12-12-08 $240.00 Check
5 12-12-08 Cover Letter
5 12-12-08 PCN
5 11-4-08 Agent Authorization
5 USGS Ma with property
5 Soil Survey Ma with property line
5 2-15-99 DWQ Stream Letters & Maps
5 4-21-08 DWQ NOV letter
5 12-10-08 Southeast 40 Centre SW Tract Wake GIS Stream Aerial
5 12-5-08 Photographic Record
5 6-24-08 Raleigh Approved Site Plans
5 5-2-07 C3.1- Grading Plan
5 5-25-06 (rev. 12-11-07) C-1- Preliminary Subdivision Plan
5 Subdivision Plan Across Creek
1 12-12-08 CD
THANK YOU!
DATE: December 12, 2008
ATTENTION: Cyndi Karoly
RE: Southeast 40 Centre
Rec'd By: Signed
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
7921 Haymarket Lane, Raleigh, NC
[phone]
Fax[phone]
LETTER OF TRANSMITTAL
TO: US Army Corps of Engineers
WE ARE SENDING YOU THE FOLLOWING:
® Pre-construction Notification (PCN) ® Plans
® Documents ? Other
® Maps ? Specifications
THESE ARE TRANSMITTED AS CHECKED BELOW
® For approval ? As requested ® For review & comment
® Please reply ? See below ® For your files
? Regular Mail ? Fed-Ex ® Delivered by KE ? Picked Up
COPIES DATE DESCRIPTION
1 12-12-08 Cover Letter
1 12-12-08 PCN
1 11-4-08 Agent Authorization
1 US GS Map with property line
1 Soil Survey Map with property line
1 2-15-99 DWQ Stream Letters & Maps
1 4-21-08 DWQ NOV letter
1 12-10-08 Southeast 40 Centre SW Tract Wake GIS Stream Aerial
1 12-5-08 Photographic Record
1 6-24-08 Raleigh Approved Site Plans
1 5-2-07 C3.1- Grading Plan
1 5-25-06 (rev. 12-11-07) C-1- Preliminary Subdivision Plan
1 Subdivision Plan Across Creek
1 12-12-08 CD
THANK YOU!
DATE: December 12, 2008
ATTENTION: Jamie Sherri
RE: Southeast 40 Centre
Rec' d By: Signed
KE
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
December 12, 2008
James Shern
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Cyndi Karoly
DWQ 401 Wetlands Unit
2321 Crabtree Blvd
Raleigh, NC 27604
Re: Southeast 40 Centre
Keller Environmental Job No. 0841
Raleigh, North Carolina
Dear Mr. Shern and Ms. Karoly:
On behalf of APMW, LLC, thank you for assistance from your offices and Ms. Natalie
Landry of the Division of Water Quality (DWQ) Raleigh Regional Office. We are pleased to
submit the following project to you for US Army Corps of Engineers (COE) 404 and DWQ
401 approval using Nationwide Permit (NWP) 14. Southeast 40 Centre is an 18-lot
commercial site in southeastern Raleigh, North Carolina. It is located at the intersection of
Jones Sausage Road (SR 2547) and 1-40. The approximately 47.5-acre Wake County
Parcel Numbers are 1721-48-4386 and 1721-47-1380. Poplar Branch is located along the
southern property boundary.
Jurisdictional Impacts:
Impacts associated with this constructed project are one linear wetland with an
unimportant ephemeral stream crossing. It is located in the southwestern corner of the site
below lots 5 and 6. The impacts to the wetland involve 4,312 SF (0.10 ac.) of fill, culvert, and
downstream dissipater pad. We are requesting for an after-the-fact permit using NWP 14.
Since this wetland crossing is in a 100-year floodplain, it was determined that NWP 14 be
used versus NWP 29. Please refer to the December 5, 2008 photographic record for
pictures of the area of concern. The location of the road crossing was placed in its current
location to avoid impacts to jurisdictional streams and their riparian buffers. The City of
Raleigh requested for Virtuous Street to be ended at the property line of the southwest 13-
acre tract. This resulted in inadvertent impacts to the linear wetland located between the two
intermittent streams. As requested by Mr. Shern, the lot plans for the southwest tract (lot 18)
have been included with this application package. Please refer to May 25, 2006 Plan Sheet
showing the proposed site. This southwest 13-acre tract is also owned by the applicant.
Mitigation for this wetland impact area should not be required.
COE 404 & DWQ 401 Authorization
& Neuse R. Buffer Rules Submittal
Southeast 40 Centre
December 12, 2008
Page 2 of 3
Preservation of Jurisdictional Waters & Riparian Buffers:
Protection of the Jurisdictional Waters and Riparian Buffers will be provided on the
remaining project area. This was done by placing the note below on the recorded plats.
"Areas shown on the plat identified as Neuse River Riparian Buffer shall be maintained in
perpetuity in their natural or mitigated condition. No person or entity shall fill, grade, excavate,
or perform any other land-disturbing activities; nor cut, remove, or harm any vegetation; nor
construct any structures nor add any additional impervious surface, nor allow animal grazing or
watering or any other agricultural use on such protected areas without written authorization
from the division of water quality (DWQ) or compliance with the riparian buffer protection rules
(15A NCAC 2B .0233 or .0259). This covenant is to run with the land, and shall be binding on
the owner, and all parties claiming under it."
Cumulative Impacts:
There has been concern about potential impacts to Poplar Branch along the southern
boundary. Since the property bordering the site to the south does not contain any thoroughfare
(non cul-d-sacs) roads, impacts to this stream are not anticipated. We have acquired the
adjacent property (Auburn Church Road) site plan and it is attached to this application package
to illustrate this.
Stormwater Detention & Treatment:
The project team has decided to build this residential development in accordance with
City of Raleigh Stormwater requirements. In accordance with the Stormwater Management
Plan (SMP) Requirements for Applicants other than the North Carolina Department of
Transportation, we have obtained City of Raleigh Approval for our site. Please refer to the
attached approved plan sheet. The individual lots are required to provide on-site stormwater
controls per City of Raleigh requirements. On-site detention is required for any impervious
surfaces added to the lots. Exceeding 44% impervious will require water quality treatment; i.e.,
bioretention.
While under construction, temporary, custom sedimentation basins will be installed
outside of the wetlands, streams, and riparian buffer areas to protect them against
sedimentation along with other appropriate sedimentation and erosion control measures in
compliance with City of Raleigh, Wake County, & NC Sedimentation and Erosion Control
requirements.
COE 404 & DWQ 401 Authorization
& Neuse R. Buffer Rules Submittal
Southeast 40 Centre
December 12, 2008
Page 3 of 3
Thank you for your assistance with this project. We have attached several items to the
attached PCN to assist your staff's review of the project. If you should have questions or require
additional clarification please feel free to contact me at 844-7437 (office), 749-8259 (cell) or
email: iayOkellerenvironmental.com.
Sincerely,
Keller Environmental, LLC

Jay Keller
Principal
Cc: Taylor Blakely, RLA
Office Use Only: Form Version March 08
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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: 14
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
1. Owner/Applicant Information
Name: T. Allen Pipkin
Mailing Address: 11030 Raven Ridge Road; Suite 109
Raleigh, North Carolina 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: tapipkinI @yahoo.com
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: Jay Keller
Company Affiliation: Keller Environmental
Mailing Address: 7921 Haymarket Lane
Raleigh. NC 27516
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 1 of 8
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: Southeast 40 Centre
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1721-48-4386; 1721-47-1380
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Raleigh, I-40 East from the
Beltline. First Exit (Jones Sausage Road) Turn Left. Proceed across I-40 bridge & site is
immediately after on the right. Turn right on Generosity Court.
5. Site coordinates (Lat/Long or decimal degrees): N 35° 43' 33" W 78° 34' 48"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres)
47.5 Acres
7. Name of nearest receiving body of water: Poplar Branch
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is mostly wooded with existing paved streets
(Generosity Court, Sincerity Street, & Virtuous Street) and sidewalks. Poplar Branch
is an approximately 12-feet wide perennial stream located along the southern
border. There are also three small streams in the southern half that flow into this
stream. Interstate 40 borders the property to the west and a "Pepsi" distribution
center borders it to the east. The surrounding area is comprised of agriculture,
silviculture, and businesses.
Page 2 of 8
Describe the overall project in detail, including the type of equipment to be used: 18
commercial lots are proposed for Southeast 40 Centre. Impacts associated with this
project are for a single road crossing of an unimportant stream channel with linear
wetland areas. Equipment used included trackhoes, bulldozers, and other land
grading and bridge equipment.
10. Explain the purpose of the proposed work: The purpose of the work was to provide
access to NO ground on the southwest corner of the site.
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.
February 15, 1999- DWQ stream confirmation letter from Mr. Danny Smith.
Please refer to the attached February 15, 1999 stream determination letter.
March 6, 2008- Ms. Natalie Landry of the DWQ Raleigh Regional Office
conducted a site visit.
March 10, 2008- Ms. Natalie Landry & Mr. Martin Richmond of the DWQ Raleiah
Regional Office conducted a site visit. Please refer to the attached April 21, 2008
DWQ letter.
October 28, 2008- Mr. Steve Mitchell met with Ms. Natalie Landry and confirmed
that Neuse River buffers were not impacted by Virtuous and Generosity Streets.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit reauests are anticipated. Additionallv. there has been concern about
potential impacts to Poplar Branch. Since the property bordering the site to the south
does not contain any thoroughfare (non cul-d-sacs) roads, impacts to this stream are
not anticipated.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
Page 3 of 8
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: Wetland Impact 1 involves
placement of a single RCP, downstream dissipater pad, and fill in 4,312 SF of
iurisdictional wetland areas. A picture of this existina culvert and dissipater oad can
be seen on the photographic record.
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 Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
1 Fill / Culvert Forested yes 100 4,312

Total Wetland Impact (acres) 4,312
3. List the total acreage (estimated) of all existing wetlands on the property: 1-acre
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.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact t
Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
I UT to Poplar Culvert & Ephemeral 5 170 0.02
Branch dissipater pad Unimportant

Total Stream Impact (by length and acreage) 170 0.02
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, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Page 4 of 8
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.02
Wetland Impact (acres): 0.10
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.12
Total Stream Impact (linear feet): 170
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:
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. Virtuous Street was stubbed-
out at the shown location to avoid impacts to the important intermittent and perennial
streams and their associated riparian buffers. The City of Raleigh requested for
Virtuous Street to be ended at the property line of the southwest 13-acre tract. This
resulted in impacts to the linear wetland located between the two intermittent streams.
Mr Jamie Shern (COE) requested that we show the lot plans for the southwest tract and
they have been included with this application package. Please refer to May 25, 2006
Plan Sheet showing the proposed site. This southwest 13-acre tract is also owned by
the aaalicant.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8
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.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 wetland impacts associated with Virtuous
Street are less than 1/10th acre and mitigation should not be required. No other
important environmental features (wetlands, streams, & stream buffers) have been
impacted by the project.
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
[phone] 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 three 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)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No F;J
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)?
Page 6 of 8
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. 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 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .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
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba) 0
2 1.5 0
Total 0
* 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
within 15A NCAC 2B .0242 or .0244, or .0260.
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 protect team has decided to build this
residential develoament in accordance with Citv of Raleiah Stormwater reauirements.
In accordance with the Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, we have
obtained City of Raleigh Approval for our site. Please refer to the attached approved
plan sheet. The individual lots are required to provide on-site stormwater controls per
as identified
Page 7 of 8
City of Raleigh requirements. While under construction, temporary, custom
sedimentation basins will be installed outside of the wetlands, streams, and riparian
buffer areas to protect them against sedimentation along with other appropriate
sedimentation and erosion control measures in compliance with City of Raleigh, Wake
County, & NC Sedimentation and Erosion Control requirements.
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.
To the City of Raleigh Walnut Creek Waste Water Treatment Facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. 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
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Having
reviewed the draft internal policy concerning cumulative impacts, this road impact is
unlikely to damage downstream water quality and should not require additional analysis.
No future permit requests are anticipated. Additionally, there has been concern about
potential impacts to Polar Branch. Since the property bordering the site to the south
does not contain any thoroughfare (non cul-d-sacs) roads, impacts to this stream are
not anticipated. We have acquired the adjacent property (Auburn Church Road) site
plan and it is attached to this application package to illustrate this.
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).
December 12, 2008
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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Page 1 of 1
WAKE COUNTY AND THE CITY OF RALtiGH
a r `"',w r c r

'd a, I I
WAKE
SE 40 Centre SW Stream Aerial
Parcel Number: 1 721 471 380
REID: 0081405
OWNERI: APMW LLC
3305 DURHAM DR STE
LADDRI :
109
rADDR2: RALEIGH NC 27603-3579
?ADDR3:
DEED BOOK: 11937
DEED PAGE: 1495
#DEED DATE: 5/1/2006
DEED ACRES: 13.19
BLDG VAL: 0

LAND VAL: 471733
BILLING CLASS: CORPORATE LISTING
DESCRIPTION: PROP OF P H BAGWELL
MAP NAME: 172110
PIN NUM: 1 721 471 380
PIN EXT: 000
,-CITY:
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TOWNSHIP: ST. MARYS
YEAR BUILT: 0
SALEPRICE: 0
SALEDATE:
TYPE USE:
DESIGN STYLE:
,
UNITS: 0
LAND CLASS: VACANT
,
OLD PARCEL NUMBER: 659-00000-0041
Creeks and Fivers
Streets
¦ Lakes
El Parcels
Security Screen
2005 131W
Orthophotography
[zoom to seep
2005 Color C rthos:
County-wide [zoom to
seed
El Wake County
Boundary
http://imaps.co.wake.nc.us/imaps/printmap.asp?pin=1721471380&pinext=&minX=2122257.47069575&minY=715453.021635475&maxX=2... 12/10/2008
Copyright 2008. City of Raleigh, Wake County. G 870 ft
Southeast 40 Centre Soil Survey
(Sheet 70)
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04/30/2008 08,'! 9197790226 TF2`/ON BUSINESS CTR PAGE 01
I
Ap;l. 21, 2008
lira l n PipkiR
AP'VV l L
3305- 1?O -arha Drive

th' X 27603
lei
g
i
Subject: NOTICE OF VIOLATION
N4.. ??'w'drtl..08-'3y{u?g 4'_'011 43
2008007 . 8
??.ldent ai
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$yP.S.TRxY(y L LC
4101. Junes Sausage load
?,.e
d 1721.4843$6
Wake Coun.ty
?y
? p
35"43'33'L?` -78"J4"48"+tb3
Neuse Buffer Rules
Removal of b
Other Waste (in-stream sedi eni)
Wake County
Dear 1't. Pipkdw

On r6 612008, Natalie Landry o the N ivisio of: Water Quality ( ) Raleigh
??giftA Office conducted a site i pcctian in re span-se to a complatnt to this office
re'-, p tenfl ally t authoriz d kream impacts at your property located gaff Tones
avsa e . .oath in Fake Co t , Natalie Landry and Ma Ain Ricbmon conducwd a
sec,n i spection, of tla subject site on w-c 10, 2008 to dctermi Q if the stream feature
as w{. ?C?iin the Mate's dsd.ktion for, buffer rules.
Davin the site inspections, DWQ staff observed a .d. ncktod impacts to an unnamed
trlb ;? (DTI') to papla Branch, Class Nutrient-Sensitive atets (NSW) within the
lNeuse ;'i°ver Basin. Q staff noted that i=ent timbering activities had been co d stied
which r salt d in afterati.o of the streambed and clearing of ve&- tior'l Wong
approiiTbat ly 1$ linear feet of streank channel, as depicted. €a the NRC Soil S ,ey of
wake "jaunty. In addition, eatthon fail has boon placed in the stream. chmui l to create a.
road e §sing for apps ximately 10 linear feet mice sediment om eroded .11 atezial has
beeia de-,posited in the stream below the rrnssing fora disit.=Qc Of approximately 151
linear

Kchael F. Usley, Govemor
William G. Ros$ Jr., a'etary
Na& s ,amlina t)epartrnerit ,at Environrnent aid Natvrai Resources
Coleon H. svHine< Director,
Division of Water Quality
Nu C. oji? s* n of Water Quai€ty 3600 Barrett Drive, fteiglt NC 27609
Rate[gh 7e itynal Office
Ail ?, JuM Opportunity/Atfinrnobve Action Frnpfnyer - aft% RocycliWM% Ruse Cry a pr Pg€per

(919) 771~11-4ZO
APB
04/30/2002 00 ,1 r-i197 9a82G
?age 2
.r, All. 'kin
Fake C' u.' '

As a rd J s4lt of fe site inspection and. DVVQ file, review, the folio-wing violations,
descril cd below, are noted:
(1) Ncase Buffer - Vegotation
(11) Removal of Best Usage
(? Other Waste (in.--stream sediment)
PAGE ?
Item : Meuse : tYl r w Vegetation
The B J sir Rules apply to .xiparian buff's directly adjacent to surface waters in the
Nause w r Basin (intermittent streams, perennial strmns, lakes, ponds and estuaries),
Tlrc pn)fvaed buffer extends 50-feet .landward xn the landward edge o coastal marsh
(as ides IIif`ted by the Division of Coastal'.Maua, emem) or from the top of bank of any
feat zr 4-(overt as ,ur ke waters on either a paper copy of the soil survey rr aps prepared
by the, 4,aturat peso-orc.e Conservation Service of the II S, epa ent ofA cultu e or
the moist recent vffsion of the 1;24000 scale quadrangle topogruphic maps pr ar d by
the U, a; Geological Survey. The protected riparian buffer has two zones,, one 1 coDsists
of a v g ted area that is undist bed except for use provided for in Item O of this
.rile; (Ti'tlo 15A N A 02 .0233); erne 2 shall consists of a stable, vegetated area that
i arxrd ?xbed except for tiw iti s grad use s la sided for j,n Item (6) of this yule (?'itie
l ? 1 ; 0213 .b23 ). Thy pu aose of these rules is to protect and preserve ripadarx
buf r i o C e 'euse h a ver I asi to I atair thr ?xxa aexat removal furzetic?.os of these
stream 4e areas ecess; to protect surfkc wvat? .
15.E C.C 02B .0233 (4)
Zones land of the riparian buffer remain in vegetation that is -undisturbed except for
those uses provided for in item (6) of this Rule,
he oval of Best 'usage
The o sevations of damage to the stream chmnel from by harvesting equip mt wid
placer 6 t of eaxthen fill are violations of 15A NCA 02 4021.1. (2) or more specifically
The w ears sal be suitable for aquatic life pxapa .tioD and mainten ce o biological
i tc °it , wildlife, secondary recreation, and agriculture; sources of mater pollubon which
pr lu c? any of these uses can either a shortwte i or long-term. basis shall be Considered to
be via, ad g a watu quality standard.
----------------------- -....... .
ht deposition in the stream, violates Other Waste (in-stream s i eri.t),
,l.ly, 15A AC 021 M11 (3)f which reads, "011s, deleterious substances;
or other wastes. only such amounts as shall not render the waters injurious to
realth, secondary recreation or to aquatic life and wildlife or dvcrsely affect, the
Iity of fish, aesthetic: quality or impair the waters for aroy designated uses;"
04/30/20r39 oF3 : 2, 9197790626 TRYON 3USI ASS CTR 'AGE 03
page 3 ?
Mr. ,IWn,'tPipkin
wake C?ta?ty
This dice requests that you respond to this letter in tan witlxin.. 3 days of receipt of
this No, Tice. Your response should address the following items,
l.. P1 4a.? explain why these impacts occurred wvithout pnor a thorization.
2. Plga e provide documentation (including a detailed site ap/survcy) depicting all
jm sdi?tional wat A?amrrs (e, g. streams, buff m) on dw site, This documentation
shYWd describe; arad quantit, the impacts to those jurisdictional features, and should
ia, "i.ude plans to avoid t.'uftber stTzaw aad buffer impacts on the site.
3, pl aoc submit the following documents for review and approval.;
Stream Restoration plan _-
A. The ear= fill and sedir mrxt de ositio im arts to the St roam must be
removed. As a part of this plan, you should provide the amount (depth.) of
material that has been dw osited in the stream, This iufor .ation Should be
depiQwd on a map you provide. It is recommended. that you use hand labor
(buckets, shovels. and wheelbarrows) to remove placed and deposited material
fr°orn the stream channel. The material slim ld be xiz,,zxaaved from. tl3e chancel,
taken to high. ground away ftom the stream channel and stabilized. Describe
how this will be accomplished. Also, the plan must address the mews ms that
will be used for tQ porxy stabilization/se jxn nit control while this work is
under way.
3. The, impacts to the stre='W and bat* by r arbani ed equipment must-be
restored. Tease explain) how you plan to restore the pattern, profile and,
dimension of the impacted stmara channel. The streambed must be restored to
the original profile and the strewn banks roust be stabilized, The ripanian
buffer cast be restored (see Buffer Restoration Platt belta°uv).
. Please indicate in your respoiase a detailed sclxedulo with dues explaining
when the restoration will be accomplished, and if you plan to seek a permit for
the p ni.ttablc impacts, &=rihe ghat these impacts are and'who aai
application will be submitted.
uffe r (Riparian) Restoration Plan
A„ Ripatian Zoue pla ti,xrg- Please submit a Restoration Plan to this office for
review and approval, This plan must be developcd- to msure that at least two
nafivc tree specie-5 are planted at a density sufficient to provide 320 trees/acre:
at maturity. This density is usually achieved by planting appruximawly 436
trees/acre on a 10 f., x 10 . mid or 681 trees/acre oia a 8 ft. ac 8 ft. id..
Please see the Guide-dines for° riparian Buffer Restoration (October 2004) for
assistance in developing your .dal (availably on th web at.
t l r_ ?tl rsJr c s/bu rs°t d, }. This plaia must include the
04/3012008 08# 1 919779e626
I
Tugs .q
?val,e ° unty
types ofnative woody v?geta.taoaj sett ct?d, methodology of laxtting, and a site
map indicati.xi the location of the r lan. in efforts,
41 In h ditiox4 pursuant to 15A NCAC 02 0259 (11)(b)RE U ENTS SpE IFIC
FOREST HARVESTNG
n you are requested to provide a copy of either the
apt,: )val For defe inent of use value under f Tegtry,.Or the forest xnana ent plan for
thq q'ubj pct ana..
d 610PINCH4,per°ink c r4ficalia a ndauthork ation necessary to ochieve
co , npfianeery
'A' fOr YOur atTm lO to this ratter, nis office requires that the viol ,tiolls, as
1 ?bovc, he abated im ediately, These violation acrd any future °vi.01adol are
t civil penalty assessment of up to S25,000.00 pcr day for each violatic?x?.
)ou have any questions regarding these matters Please contact Natab-e La dTy or
al [phone].
i Feral ,
Danny Smit
Regional Supe .sor
Swfa,ce 'latex Protection Sc tion
0-LQS File Copy
C W m Central Files
ihrt Hann.essy- `PS Assistance 9d Compliance ovmight LTn t
? t Paine, City of Raleigh, PO Box 590, Ralei h, INC 27602-0590 O-DWQ File Copy
IC D"FR - Dist , 737 Say OkeY Road, ROcky Mount, N 27804
V
C? 4

"?V
SRALMIGH REGIONAL Or, FILE
Steve Roberts
Soil virornental Consultants
244 Fast mi lbroo Road
elgh NC, 27609
Dear r. oberts<
NOS CAROLINA Dr-T 4
10NmF-N NATURAL RESOURCES
a
February I5, 19.99
Subject, use River ]Basin pazian uICs
F-a le :rest
Jones Sausage Road
O-99-2.5
Wake County
In. addition, acc c with the rule, concentrated runoff` from sz ditches or
rrra made, conveyances must be dispersed to sheet flow befarc the nmoff erzter°s OrIc
2 of the riparian area.
Ifyo have any questions please call this office at [phone].
ba\ie.zrbfflealecrest.
cc; RRO - frtc copy
John Franey- Wetlands/401 (koup
3U00 dAR"CTT ti A1vm, ?LSF'f? IV 1, RAi.»MK, NORTH CAROLF14A 27009
AN "UAL 0F1PQK?UM1Tr fAFFIRMATME A.VO d ?.R9 F+'E„CPYYR °;5 f1? R.GGl"Ct?,B!$F'd A's 9^Q?4't?GaW5sF3 Y,8ER FaA4?'FZFp

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3-D TopoQuads Copyright ©1999 DeLorme Yarmouth, ME 04096 Source Data: USGS 1 450 ft Scale: l :12,000 Detail: 14-2 Datum: WGS84
SOUTHEAST 40 CENTRE
RALEIGH, NC
DATE: December 5, 2008 KELLER ENVIRONMENTAL PROJECT NUMBER: 0841
SITE LOCATION: Riparian Areas adjacent to Poplar Branch and tributary.
PHOTOGRAPH NUMBER:

COMMENTS:
la sX ? ' 1

Eastern view of area ?y' ,,;t j V'riL` ? ? / -t0! ? AI?•t4Yf Ih '? f" t ?t'y? ???k,?,( 3?,?,s? s':.,
downstream of Virtuous r >'"
Street. Includes culvert 4 ?.
?
outlet, dissipater pad, Poplar 'a r,• q{.
'? '°
Branch riparian area and °
tributary riparian area.

PHOTOGRAPH NUMBER:
,
2 ,. Y `rte M1
k , 4
?
y

COMMENTS:
Southwest (upstream) view of ?r-
Poplar Branch & its riparian
I =r •
area.
wr ? K
k?¢q?q y4y v Y?C ifs •T .. ?? is? '"'
p I 1r' .f' .1t

SOUTHEAST 40 CENTRE
RALEIGH, NC
DATE: December 5, 2008 KELLER ENVIRONMENTAL PROJECT NUMBER: 0841
SITE LOCATION: Virtuous Street road end area.
'
PHOTOGRAPH NUMBER:

COMMENTS:
t.

Southwest view of 13-acre
Lot 18 (background) from `"
Virtuous Street. Also
included is culvert inlet and
wetland area upstream (west) 44
of Virtuous Street.

Mme.
ra /

e?rQ?
.- - - AN

PHOTOGRAPH NUMBER:
4

COMMENTS:
+r?? ' w
South view of Virtuous Street (
end & 13-acre Lot 18. ,

SOUTHEAST 40 CENTRE
RALEIGH, NC
DATE: December 5, 2008 KELLER ENVIRONMENTAL PROJECT NUMBER: 0841
SITE LOCATION: Stream area below Sincerity Street

PHOTOGRAPH NUMBER: t
`.
>
I

COMMENTS: q, k, V

y -r ?. f? 1 1'°'G It 1
Downstream view of
dissipater pad & unnamed
tributary to Poplar Branch and ,y `` 0t° ?
:
1F1 4 ?` C do , ,t r
? ? ??,t •; ? ??

its riparian area from Sincerity
Street.
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