Loading...
HomeMy WebLinkAbout20041491 Ver 1_Complete File_20040903 (2)?IWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director January 5, 2005 Centex Homes Attn: Grey Methven 2301 Sugar Bush Road, Suite 400 Raleigh, NC 27612 DWQ Project # 04-1491 Durham County Subject Property: Grandale Subdivision c/o Centex Homes UT to Northeast Creek [03-06-05, 16-41-1-17-(0.7), WS-IV, NSW] *303(d) list Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Methven: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.556 acres of wetlands (0.262 temporary, 0.294 permanent) and 804 feet of streams (92' temporary, 712' permanent) for the purpose of a subdivision and sanitary sewer line at the subject property, as described within your application dated September 3, 2004 and received by the N.C. Division of Water Quality (DWQ) on September 3, 2004 and all additional information submitted and received by the DWQ on September 24, 2004, October 8, 2004, December 13, 2004 and January 5, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certifications Number's 3402 and 3374 (GC3402 & GC3374). The Certification allows you to use Nationwide Permit 39 and 12 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and Water Supply, Watershed regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarolina Phone: 919-733-1786/FAX 919.733-6893/Internet:http://h2o.enr.state.nc.us/ncwetlands Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Centex Homes Page 2 of 5 115105 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Stream 804 (feet), (92 Sheets 4 and 6 temp & 712 perm), (278 perennial & 434 intermittent 404 Wetlands 0.556 (acres), Sheets 3 and 4 0.262 temp, 0.294 perm 2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required Cataloging Unit Stream 278 (feet) 03030002 3. Protective Fencing The outside wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the wetland or water prior to any land disturbing activities to ensure compliance with GC 3402 & 3374. Centex Homes Page 3 of 5 1/5105 4. Construction Stonnwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at htt12://h2o.eftr.state.ne.us/su/Forms Docu»tents.htm. 5. Temporary Fills All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction is complete or within 6 months of the establishment of the crossing, which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the crossings are not completely removed and restored as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition. 6. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. 7. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 8. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: Centex Homes Page 4 of 5 115/05 a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Mazzual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolhia Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. 9. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 10. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Centex Homes Page 5 of 5 1/5105 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Mike Horan in the DWQ Raleigh Regional Office at 919-571-4700. Sincerely, Alan W. Klimek, P.E. AWKIdae Enclosures: GC 3402 GC 3374 Certificate of Completion cc: Todd Preuninger-S&EC USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 041491 Grandale(Durham) 401 e?? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Grandale Subdivision c% Centex Homes has permission as outlined below to impact 0.556 acres of wetlands and 804 linear feet of streams for the purpose(s) of constructing the proposed subdivision and sanitary sewer line in Durham County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ Project No: LOCATION: COUNTY BASIN/ SUB BASIN/ INDEX 04-1491 Grandale Subdivision Durham 03-06-05/[16-41-1-17-(0.7)] As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts: 0.556 Acres of wetlands (0.262 temporay/0.294 permanent) 804 Linear feet of stream (92' temporay/712' permanent) Mitigation: 278 Linear feet of perennial stream Please Note: Total stream impact equals 804' linear feet, of that 278' is perennial, 434' is intermittent and 92' is temporary. In correspondence dated October 21, 2004, the EEP indicated that up to 1.00 acres and/or 556 linear feet of mitigation will be conducted by EEP if necessary. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarolina ' Phone: 919-733-1786/FAX 919.733-6893/Internet:htto://h2o.enr.state.nc.us/ncvvetlands vVatura l?J// An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper " Centex Homes Page 2 of 3 116105 One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 Filename: 041491 Grandale(Durham)EEP ,2005 07:59 FAX 4 DWI) DORNEY Todd Preuninger Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 Subject: Project- Granda,le Subdivision County: Duiliam uoo-9 0 Lt./I I JL PROGRAM Gc ILI I OCT 9 The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for stream and wetlands impacts associated with the subject project. Please note that the decision by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wctlands/401 Unit. It is the responsibility of the applicant to contact these agencies to de%ermine if payment to the NCEEP for impacts associated with this project is appropriate. This acceptance is valid for six months brom the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this tine frame, this acceptance will expire. It is the applicant's responsibility to forward copies of the 404 Permit/401 Ccrtification to the NC Ecosystem Enhancement Program in order for an invoice to be generated. Based on (lie information supplied by ycu in a letter dated October 12, 2004 the stream and wetlands restoration that is necessary to satisfy the compensatory m,tigation requirements for this project is summarized in the following table, The -_:_- -111-t nF mit; ant;nn tllqt thn- NCFFP will accent for this i)roiect is also indicated in this table. Stream Wetlands Riparian Riparian Buffer (linear feet) (acres) (ft) Impacts 278 0.50 - -Mitigation Maximum 556 1.00 The riparian wetlands and stream mitigaiion will W provided as specified in the 4UI water Quality Uertilication and/or Section 404 Permit for impacts associatcd with the subject project in Cataloging Unit 03030002 of the Cape Fear River Basin. Tbc mitigation will be perforrrio? in accordance with the Memorandum of Agreement between the N-C. Department of Environment and Natural Rcsources, the U.S. Army Corps of Engineers and the N.C. Department of Transportation signed July 22, 2003. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208, Sincerely, ,64-OZ9. 4aa"?? Deborah D. Anderson In-Lieu Fee Administrator cc, Cyndi Karoly, Wetlands/401 Unit Todd Tugwell, USACOE-Ralaiih Steve Nfitchell, DWQ Regional Office-Raleigh File kTXV1 ExhA"... Pro" ow sta& F rd MR North Carolina Ecosystem Enhancement Proglarn, 1619 Mail Service Center. Raleigh, NC 27699-1619 / 919-733-5208 1 www.nceep.net JAH-5-2005 HED 07: ZO TEL:9197336893 I 1ANE: C1WQ-HETLAHDS P . 2 /2004 11:55 Fa.Y X002 3 1004 DENR • YIATER QUALITY . ! V,,TLMD3 N ID STMMW ATER EttM Date : December u, 2004 To : Todd Preur1inger, S&EC From : Tommy Craven Re : Grandale p k -tu r '?S U Wetlands Impact H-1, H-2, H-3, and H4 Todd, C'Yv l d ll'31(? In consideling the options available to us in that portion of the land plan, we were unable to find a satisfactory layout that avoided the impact to that section of wetlands without an inordinate loss of lots. We expect that our entrance road, Birchwood Park Drive, will carry a substantial i amount of traffic, not only from this subdivision, but also from the existing subdivisions to the north, west, and south. The safety of the drivers and residents l was a prime design consideration. To that end we have proposed a median divided street, with no lots having direct driveway access, for a significant portion of this i? road. i We had looked at placing Suncridge Court on the other side of the wetlands, one row of lots off Grandale Road. Unfortunately this left us with an unsafe intersection separation ftom the intrrsection of Grandale Road and Birchwood Park Drive. Placing the intersection as currently proposed left a substantial stacking distance at i the intersection with Grandale for the morning traffic peak, and allows for a safe and steady movement off of Grandale Drive and into the neighborhood in the evening peak. We also felt that the other measures we have voluntarily taken within this subdivision to protect writer quality, such as an overall density of only 1:6 units per acre, impervious surface limits of less that 24%, keeping all portions of our lots out of the Durham stream buff--rs, and increasing our minimum lot sizes on lots abutting the stream buffers to 12,500 square feet, nearly 40% above the 9,000 square foot minimum, more than compensated for the impact to this finger of wetlands. Re: 041491 Grandale subdivision Subject: Re: 041491 Grandale subdivision From: Mike Horan <mike. horan @ ncmail.net> Date: Mon, 06 Dec 2004 13:54:50 -0500 To: Cyndi Karoly <cyndi.karoly @ ncmail.net> Cyndi Karoly wrote: Mike - please see your note below from filemaker. The clock is ticking on this one and expires 12/9/04 unless we get something real in the file. Does your note below mean that Todd is to be sending anything new to us? I have just talked with Todd Pr. of S & EC and he advised me to talk to Cindy Karoly about the I/P situation on the remaining stream segments. I am faxing over to Todd Pr. of S & EC referencing impacts to H 1 & H 2, so that he will be able to address them ASAP. (11/30/04 Michael Horan) Yes, he needs to be respond to us with new info. Needs to be put on hold for the time being. /016-- 64? J 1 of 1 12/9/2004 9:36 AM Triage Check Dist Date: 16111',/o'> Project Name: Ceolex Na",?f DWQ#: o 1 /2 g/ County: O vri,aw, To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ZI RRO Mike Horan From: L, a rf-e E ,t 1r,, Telephone : (919) The file attached is being forwarded to dour for your evaluation. Please call if you need assistance. ? Stream length impacted Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps (R Minimizationlavoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: wi k 6 ,jc:n.Ny )t.-r"m A . If Fcltnn,xl, ?y},y?fr,r? elAr. 1,,.11 bQ rfg,/?'r..?. 0 tt1Y 0r1,tr -pCatvc }iur ,kt ib,t- M7'i ,r ?Z q., y ?-;y ?nr,IC JIW G-117 t jl t)4,f runelei TI I ut ICJ Ii Xe 14 -1 Ytl'Z Col,, tit eI, il?g k( NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 RE: Request for additional information Grandale Subdivision Durham, Durham County, North Carolina USACE AID# 200221360, 200421497 Dear Ms. Karoly: RJR ? @ou5 D 0 C T 0 8 2004 CENR - WATER QUALITY VitiW"0iANDSiGull,?1i icR5R/i1.Cf1 On September 24, 2004, we received an `on-hold' letter requesting additional information for the proposed Grandale Subdivision. Specifically, the letter requested copies of field notes taken when determining whether the streams were perennial or intermittent. The streams on-site are typical of those found in the Triassic area. The stream has a well-defined bed and bank and then becomes less well defined in the broad or flat areas. I spoke with Mr. Todd Tugwell concerning the streams on-site and his notes indicate that the USACE considered all streams on-site to unimportant/intermittent. Please feel free to contact Mr. Tugwell at 876-8441 ext. 26 if you require additional information. A site meeting with the NC-DWQ has been scheduled for Monday, October 11, 2004. J "11110y Item 2 asks whether the sewer line (Impact A-1) can be moved further downstream to reduce wetland impacts. As detailed in the attached letter, the sewer line impacts cannot be avoided. Sincerely, J I `: nQ Todd Preuninger Biologist/Project Manager Attachments: `on-hold' letter Response to Request for additional Information Charlotte Office:. Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 October 8, 2004 S&EC Project #7133.W0 US Army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 OCT-7-2004 13:58 FROM:PRIEST CRAVEN ASSOCI 919-782-1288 TO:8469467 P.3 PRIEST, CRAVEN & ASSOCIATES, INC. LAND USE CONSULTANTS Date : October 7, 2004 To : Todd Preuninger, S&EC From : Tommy Craven Re : Grandale Wetlands Impact A-1 Todd, We have looked at two other options for this impact and are unable to realign the sanitary sewer to further reduce the wetlands impact in this area. We cannot go further downstream due to the rising topography in that area. There is a narrow wetlands channel running east to west just below the lots on the end of the cul de sac. The topography rises significantly on the south side of that channel, making it very difficult to continue the sewer in that direction. The adjoining. neighbors were also adamant during the rezoning process that this area remain undisturbed. We had previously looked at connecting the sewer from the cut de sac upstream of Impact A-1, across the smaller tributary coming in from the north east, above the large pocket of wetlands, to the cul de sac located upstream from Impact A-2. Unfortunately the existing sewer outfall at Impact A-2 is too shallow to allow this route to work. PLANNERS /LANDSCAPE DESIGNERS / ENGINEERS / SURVEYORS 3803-B Computer Drive, Suite 104, Raleigh NC 27609. Phone 919/781-0300. Fax 919/782-1288 ?OF W ATF9Q htichacl F. Easley, Governor William G. Ross Jr., Secretary Cp North Carolina Department of Environment and Natural Resources UK r Alan W. Klimek, P.E. Director Division of Water Quality September 22, 2004 DWQ Project # 04-0662 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Grey Methven Centex Homes 2301 Sugar Bush Road, Suite 400 Raleigh, NC, 27612 Subject Property: Grandale Subdivision REQUEST FOR MORE INFORMATION Dear Mr. Methven: 1 On September 3, 2004, the Division of Water Quality (DWQ) i eived your application dated September 3, 2004 to permanently impact 0.294 acres of wetlands and 712?eet of streams to construct the proposed subdivision. The DWQ has determined that your application was\incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Intermittent/Perennial Stream Calls Please provide copies of field notes taken when determining whether streams were intermittent or perennial. Please make sure these notes are cross-referenced such that we could use them to verify stream calls on the property using the application materials provided. Alternatively, please contact us to schedule a field visit to confirm the stream calls. 2. Impact Justification (Avoidance and Minimization) Please investigate whether Impact ##A-1 can be reconfigured to minimize wetland impacts. For example, can the line be placed further downstream near the confluence? Please respond within three weeks of the date of this letter by sending this information to me in writing and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three week;, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands No, Carolina AWirrallil An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10%o Post Consumer Paper Centex Homes Page 2 of 2 September 22, 2004 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, ya"? 0 John Domey, DWQ, Wetlands / 401 Unit JRDlcbk cc: Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Todd Preuninger, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614 FileAame: 041491 Grandale(D urham)HOLD SEP 2 4 `cU?-t r O`_r ?o r k7TWA . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor October 11, 2004 Centex Homes Attn: Kelly Race 2301 Sugarbush Rd., Suite 400 Raleigh, NC 27612 Subject Property: Grandale Subdivision UT to Northeast Creek *303(d) list William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director DWQ EXP # 04-1599 Durham County On-Site Evaluation to determine Intermittent or Perennial Stream- EXPRESS REVIEW PROGRAM Dear Sir or Madam: On October 11, 2004, at your request I conducted an on-site evaluation to review one feature located on the subject property to determine if the stream feature is Intermittent or Perennial. This feature was evaluated in the field and fish, macrobenthos and amphibians were found in this feature at the area of proposed impact. The feature is labeled as "G" on the attached maps initialed by me on October 11, 2004. The Division of Water Quality (DWQ) has determined that the feature labeled as "G" on the attached maps is a perennial stream. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute,a determination by the DWQ or Delegated Local Authority that "exempts" a surface water may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. 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 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 North Carolina Phone: 919-733.1786 / FAX 919-733-6893 / Internet: http://h2o,enr.state.nc.us/ncwetlands YvVaturally An Equal Opportunity/Affirmative Action Employer-50°o Recycled/10% Post Consumer Paper Centex Homes Page 2 of 2 10/11/04 Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter does not approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Deborah Edwards at (919) 733-9502. Sincerely, f1>1 Alan W. Klimek, P.E. AWK/dae Attachments: Durham County Soil Survey map USGS Southeast Durham Quad map cc: Mike Horan, DWQ Raleigh Regional Office File Copy Central Files Todd Preuninger-S&EC Filename 041599Grandale(Durliam)EXP+perennial p 04-1599 0 0 . o•, 10 • ! . 1 00 y_ ,o 1 ? Dsp ? l Q \ a- 4 ? \1` y ? ?_il?i ?.? lam- !__2? •`/??/ ?^_ B EN RE :JO DAN L KE i O ?; ,4 Il ! r !Q JNd' / rk t1 ti° o ? 1100 r. J ---- 1 i 250 :cn air rl +, r tp ??. \\ ?? )? _ ?\,? ? .-150 •?? •,, i' -.? ?-' t. ' ?;?? ? ?.. ?/ 1631 Project x: Scale: 02.7133 V = 2000' Project Dater Mgr.: TP 5130102 SOUTHWEST DURHAM, N. C. NW/4 DURHAM SOUTH 15' OUADRANOLE 35078-H8-TF-024 1973 PHOTOREVISED 1987 DMA 5255 IV NW-SERIES V842 Figure 1- USGS Herndon Tract T, Soil & Environmental Consultants, PA Centex Homes 11010 Raven Ridge Rd.- Raleigh, NC 27614 Durham, Durham County, NC (919) 846-5900 • (919) 846-9467 ,, Web Page: www.SandEC.com 1 F "" .,+.?`?` fi??$'?•? r ???''`???' `-?+ Sre j y4?` t.' ?. C?{ 9 i et a. '"`: ;< •.` L >c????Y??''` ,? 8t 3<?? ?r? t ^?..' }} f *t? ev ae Fw r ,,{?f tt tc.SY`,yi.;7fi ??F ? ? ? ? t C ?.'x >r u!< f' t\?, ,tA?"?,S i?f?rl`3 ?.? th??' r..a ?r h3• a. !y > h CCC???aaa'??? +A ? ?w2I •r<;? • s s t S t i (> r i r? a V r ? 1r ?.. 1 t? ?` r ^1 r!'•.? .? a ? 4. ? { H? C - =" v° ??,asp y? '('1..,,, r{t .. {.t s r.'? x ? „t s Y S a{ ? r " #A ? X+?S.,t $ ti Y F??? ?t n - 1o-?i ? r icy +. ' Ah y` 5 ? ?C ? n r ? }¢ ? ; ?r ti .,h ?} ? Q?t rr. ? ??! .Y ..s? ?I : ? ?i.'?. vkrrie?' ??{y?< M ;1'` tr ^'N F :k?"" 'Xxl°^> -u .si w 4t "SY °3r -x.r, F-r` f / y•? Z. r`?'r1 << ?Ny, 't a`i'!p' _L.' r<.j,F?v'.rt 1 to i? r, vx'S d.... +, ksah? > r? t d,?C . ? > .t "F ^Y U- L tg >iw °? ._ rs-t r?..7t'' tsf r' , `>% ,.c?Y ?" `? 4 • i-'sr S.` s:y'st s° x# Ws »r R S V s?t? tr.rf'? ? ? q?L•'r` x s?' t t? L ? ? * : •S'l? Y, v t?- y r'4 a-?" ; Via. a t t ?S4.C-? .i` K y .?''v Y"*,tC 1+ Y rte' h e ,n .F C`? i ? -. ? ?• A'4•w?Yh, ??,?cd?? t.. ; -a1t f?? t s •k K Y, RS? ? . - 'y ???Y,?.k <? sXt •? ? llyi?, ? -'c ('1'?k v ?{-• 4,a? y'tsQ 4F ? .? g y•?,..????j i4 •S? zrAgyt r` } s > 1e 1? 4 ?? Q??' b ?"];c d ? • ? ri }t - ? .:`l Pi ?? r a aE r 1 :? `: ° t ?? :z+ ?S± .ka1 a< ? y {,r 1 s?? f M?, ` ? ? y t ?? ^ r rsv f t ?} stCi ??T?a T yL 8 g ?7 (t tY>t ?.? } ?J > ` ! Y ? ``.'.? ? rh+?3 {{ ?. {, I?tic ??ak g ? 4' ? r bh ,+ . R.ft h 6 % r.r f " r ? a .' 4 i r V '? r'C• •; t ?i.. ? ? i `??" 7r 4a?t s t ,. r d y; ? a v ` nS?iC t0i !. , b1 Y it E?`"?' X; ? c ?' aa?i s >' y11?{? ?, •s'.?.., }a ? r?''?? z?f d ???? cyrY? vq 77?{ ,y. rte,a a. ?? r'r+ 4'.-'k °x "?` }=t• - ?• 1. tai t' 1 !? i{4a., uorcr .,.? ls d b S. 9 ? wSB 3.ra ..i ? I?t '` ?/'? G t ?` , ? rf3 > s "`2• YS A .? ? $, *2' .?. s•r r ;t t '. a ? ,(7"?-$?' 4 *}?{?..1J ??,'?}?,S `to=4• ,`?C?? ??? ?"?'t? r.'+4 SsP ? ? /? ,... °#? +:/?D'?^+.V ?r?"fi. l'•'t /4 -0 ?.,rl -' ?,;;:?4r ` ?? 1 -i'?. ? tti ? ras" ^ ? t. + 'Y? ? {'r' ?r , f ? ' fi`i'• e;< .?s?r? L ..?..a, 4 S"' crv ;r w ?. r?? {? ?' ?r}?? t ? ?"+r, .9 r tT q• n ?'r'f? ? .+n r ?v.t ?,ds?;Z.'Jt vV _" e _ ?a, ? ?,? ?+.s{3??'t Z a??r???'i 4 ??a` ` ? v'?'•f w'? ? ? d ;` '? 't'?'?r?u$???x? > "?'?'v ,? ?? ?,. jF..y', 1r r '? r' ?S 7 < +? ?. k .? .+.4 -{ ! . ?' t V - ??•^1 '`? a '• 9x'tMx?' f> . `."?L a a` ,rqY? It l?°qex.. x 4 y , _ NHS >i[' .,y }<•.I •t`:'4?q?? ? vl%}i ?: - ? K- ?7 f °{,' ? r.. r sC?` v?," c:. e' t c 4, t ~ r!????^?? T+ ? .y a' ir[ #} tt "t ?? n '. I ?.w+ rFs""vPW'?[4 .'turd' ?H'?•r ?a 4 i '? r J$z •$&. ,.. 4syCv??c`Fr'Ssy't 'A a•r t y.. .? yo- f •y .T.KC " ?,` < "?;.i , µ 'f ? •Y 9. ??1 t "•? i ,t ?.r ? Y^' 'Zip ?`!?.- ? ? 4 ? ytr :?. yy ?'4? a?r ?LZ?W ? -`'•`? Y?'F V. ? ? 1?yrv`}?I yy.?l??> !`':t ?+:`,?6g "?Pi ?t n .???'? 4 R. ?0.t..tiY? ?..} +r?3 A C? ?? t> '7. ?' 'i• ?` t ?'•'? ?- t >'G ?Y ? ?? F ? ? M >n ? ?+?.3 r?. St -t{ ? ?•r " ? yr + x.? ir, A`f ; i '`s` ' ? ? t r;t t y „( L? ?,, 7 ?- f,.r't. t ` } . ? ? Y ? -,, +# +. fi ??' f ? t 3 ?"XCt ._.. ? t . '' ` ??ti ? ",S#:? ? is a ? • r t t J ?'a ?b'?' .v T f? ? }?? fi t 'N: ?-y, ?1 ? f? 'i'Y ?, ? ? ?? t}?. ?t..?yi ax?d' ? -.. ? ?• ?' «*)' f T -EI ?w 5 ` ?+' ! 0. . :bi S t?ri .A j??°f ? ?. r ?-+? ?'9c? H•d?? "v? 4?" ?Y pw 4?k?? ?L`rf?;?°? ? !' ? 7 y AA •r?4 ph'?+R ` y..?I }.2- D C'+ w .r? 4 Xa,?r?,r?.j. Z? X' ?. 2• w ,f4 yi11y` z ? '? ^e r .i CC :t c 3 ?rG i f:s y? t 1.'L t? 3 r S _ 1 z,.c ` '-14 W ? .aa. Yt a t max; , r ? ?`1" ? r" d t' ?a` Z,b ? ? ^s ? ?. ? t?-s y ? 'k' ." ? } <, r ? p y4. ,,y? +?-?"„ ¢ F .. ? r.C?•? ?{'.v,? *c ? p?" ?? f y• C > >• r r ? .1`- } \ r a"` f '' „ ? C:e t•;ti.Sk '? t <? f `sl?4jr? C t_ y p• f? ?' ?ag ?v?`} r:, \ ++w•r+ .aNnai } tsr i l ,' t'C?? t+ `,t`y?? w r y?}X ?r ?4 }f 3 j •7?rt--•V- 3.cl y 3 ?t 2!' Y t ry "i.'t E?I ,N'Y - ??s t?i i<`; . +t,trl t-',}t ?" 1+, f,'"R,' g YE`r t - Z.L`it.fi jtr'` IA r+C"t K - ea .I NZ° +i:'M`vr}` "?r hPd *.4?r V't `°. •'', 'r --? f {T, S ,c, '. J \ vF Y ?. ?' cx y `? ' r r} ?•::,' ' S^r ? x ?„ '{+* v`..1?.?.?.. , f r?:t: , ? , ,.?.o-?"? :' s. '?'.. ,3 b `; 4.>.r:'3' >,:, t+ Fr.'ks+e k k ?-' ra .ar,.r * .f.?..? fa'ti+'S t._ - ?.bC A aeNl 14 Project Scale: 02.7133 1" = 1320' Project Date: My.: TP 5130102 Figure 2 - Soil Survey Herndon Tract Centex Homes Durham, Durham County, NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 :. <= Web Page: www.SandEC.com Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 September 24, 2004 S&EC Project #7133.W0 NCDENR-DWQ Attn: Mr. John Dorney 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 RE: Request for additional information Grandale Subdivision Durham, Durham County, North Carolina USACE AID# 200221360, 200421497 ok-Iy C11 Dear Mr. Tugwell: US Army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 ?2 ?LEE 0W[9 D SEP 2 4 2004 DENR - WATER QUALITY WETLANDS AND STONA tgTER CRAI'M On September 10, 2004, we received an `on-hold' letter requesting additional information for the proposed Grandale Subdivision. Specifically, the letter requested an alternate road alignment in the northern portion of the property that would potentially reduce the wetland impacts on-site. The project engineer has provided additional information which we believe supports the alignment proposed in the original application. Moving the road to the north, as depicted on the attached map, would necessitate blasting and increased impacts to the stream channel because of the higher road grade required at this location. Moreover, the alternate route does not meet the required horizontal minimums, which require shifting the road farther to the west. Moving the road to the west would subject the adjoining neighbors to increased noise during construction (i.e. blasting) as well as glare from headlights following completion of the subdivision. There would also be a safety and liability risk during construction if the alignment was located in close proximity to the existing homes. And finally, given the public opposition during the initial re- zoning request, which took approximately two years to complete, the engineer does not believe that the City Council would approve a request that would shift the road alignment towards the adjacent landowners. Please refer to the attached letter from the project engineer for a more complete discussion of the problems associated with the alternate route. In order to satisfy mitigation requirements, the applicant proposes payment to the NCEEP for 0.5 acres. Feel free to call if you have questions or require additional information. Sincerely, Todd Preuninger Biologist/Project Manager Attachments: `on-hold' letter Response to Request for additional Information CC: Mr. John Dorney Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 2745 Phone: (336) 540-F Fax: (336) 540-a- PRIEST, CRAVEN & ASSOCIATES, INC. LAND USE CONSULTANTS September 22, 2004 Mr. Todd Preuninger Soil and Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 S EP 2 3 2004 Re : Grandale Wetlands Impact Centex Homes, Durham County Dear Todd : The alternate route of Birchwood Park Drive suggested by the Corps was made without benefit of the topographic information for the project. In order to make the wetlands mapping more legible, we typically leave the topo information off the impact maps. Pushing Birchwood Park Drive to the north in order to miss the wetlands, also pushes the road further up a significant slope on the other side of the creek. The existing grade at the high point of the alternate route is approximately 22 feet higher than the grade of the high point of the current alignment. A soil boring in proximity to the alternate route high point indicated rock at a depth of approximately 5 feet. Given the vertical alignment requirements necessary to insure sight and stopping distances along this collector street, we would estimate a cut of approximately 15 vertical feet at the high point along the alternate route, of which approximately 10 vertical feet would be through solid rock. The alternate alignment would also require that the road grade at the creek crossing be raised approximately 6 feet vertically, which would increase the length of the culvert and the associated fill slopes by a total of 24 feet horizontally, significantly increasing the impact to the channel and requiring some impact to the upper end of the wetlands. The horizontal alignment of the proposed alternate route would not meet the required minimums. The route would need to be pushed further to the west, placing the road and its associated clearing, blasting and earthwork in much closer proximity to the Fairfield neighborhood adjoining the property on the west. This construction activity, as well as the street noise and headlight glare from the completed roadway would cause a significant problem for the adjoining property owners. Throughout the rezoning and preliminary subdivision process for this project, the adjoining neighborhood of Fairfield remained politically active in order to limit any perceived change in their lifestyles due to the development of this property. Revising the route of Birchwood Park Drive to this degree would require a change to the development plan, which was part of the rezoning as well as a change to the preliminary subdivision plan. These processes could not run concurrently, and each one would PLANNERS /LANDSCAPE DESIGNERS / ENGINEERS / SURVEYORS 3803-B Computer Drive, Suite 104, Raleigh NC 27609. Phone 919/781-0300. Fax 919/782-1288 Mr. Todd Preuninger September 22, 2004 Page 2 require a public process culminating in a City Council hearing and vote. I am certain that the neighbors would be in opposition. My opinion is that these two processes would take over a year to complete, and I also believe that the City Council would ultimately deny the request. The original rezoning and subdivision approval process on this project took over two years. The proposed alternate alignment would also create sightline, driveway and intersection conditions that are less safe than those created by the original plan. The blasting and rock excavation necessary to construct the proposed alternate route in such close proximity to the existing homes of Fairfield would also be a significant safety and liability risk. The original transportation plan for the area called for the extension of the existing street stub from the Fairfield neighborhood to be extended across the creek to connect to the street stub of Hamilton Way on the east side of the site, approximately 1200 feet downstream of the proposed crossing. This is in addition to the crossing we are currently proposing. We were able to convince the staff, the Planning Board and the Council that the additional crossing was unnecessary. We believe that this was a significant minimization of the wetland impacts that has likely not been considered by the Corps. Please do not hesitate to contact me with any questions or comments that you or the Corps may have regarding this response. Sincerely, Thomas F. Craven, PE Priest, Craven & Associates, Inc. 09/24/04 12:13 FAX 9195500978 Centex Homes U002 U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221360, 200421497 County: Durham Incomplete Application Notification Property Owner Centex Homes Attn: Gray Methven Address 2301 Sugarbush Road, Suite 400 Raleigh NC 27612 Telephone Number 919-781-1952 Authorized Agent Soil & Environmental Consultants, Inc. Attn: Todd Preuninger Address 11010 Raven RidQe Road Raleigh, NC 27614 Telephone Number 919-846-5900 Location/Description of Proposed Activity: The project (Grandale Subdivision) is located on the west side of Grandale Road, approximately 1000 feet north of Sedwick Road, in Durham County, NC. Proposed permanent impacts for road crossings and lot fill are to 139 linear feet of perennial stream, 573 linear feet of intermittent stream, and 0.294 acre of wetlands. Proposed temporary impacts for utility lines are to 92 linear feet of stream and 0.2617 acre of wetlands. ( ) Type of Permit Applied For (check one): IP ( ) NWP # 12 &39(X) GP # Applicable law: Section 404 of the Clean Water Act (X); Section 10, Rivers and Harbor Act ( ) YOUR APPLICATION/PRECONSTRUCTION NOTIFICATION IS' . INCOMPLETE AND CANNOT. BE- EVALUATED UNTIL ' THE FOLLOWING INFORMATION IS: . RECEIVED (CHECK ALL THAT APPLY): Your application/pre-construction notification form has not been compfeted and/or signed (see remarks). X Under the conditions of Nationwide Permit # 39 , you are required to submit an aquatic resource mitigation plan. The required plan is either insufficient or has not been included with your notification (see remarks). X Your -application/pre-construction notification did not.include information describing measures you have implemented to avoid and minimize impacts to Waters of the United States. Your submitted project plans or maps were insufficient, too large, or not legible (see remarks). Your application/pre-construction notification did not include a delineation of affected special aquatic sites, including wetlands, vegetated shallows, and riffle and pool complexes as required. Your project is in a designated trout water county. Nationwide permit regional conditions require that a copy of your application be submitted to the local NC Wildlife Resources Commission (WRC) for comment. (Address: Western Piedmont Region Coordinator, 3855 Idlewild Road, Kernersyille, NC 27284-9180) Other (see remarks) REMARKS: Please indicate the amount of mitigation you intend to provide through payment into the NCEEP. Also, please provide information regarding onsite alternatives that may reduce impacts, including relocation of the Birchwood Park Drive at impact #A-3 to the north' .of the wetland area, or provide justification as to-why this is not a viable•alternative (see attached diagram). If you have -any - questions regarding the Corps of. Engineers - regulatory program, please contact Todd TuQwell at telc hop number (919)- 876 - 8441 extension 26' Project Manager Signature Date September 10, 2004 CF: John Domey, NCDWQ, 1650 Mail rv e Center, Raleigh, North Carolina 27699-1650 09/24/04 12:14 FAX 9195500978 Centex Homes IM003 5c&rl V -400 Gib N D L ? too OATE: ,,, ,a zap NEE T L / PROJECT- 2001-003.oo? (Mi?r°cGT MEMORANDUM TO: John Dorney Regional Contact: Michael Horan Non-Discharge Branch WQ Supervisor: Ken?Schuster Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Grandale Subdivision c/o Centex Homes Project Number 04 1491 Recvd From APP Received Date 9/3/04 Recvd By Region Project Type County Durham County2 Region Raleigh Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 39 F__O Y O N _- 16-41-1-17 F SIV NSNVCA 30,605. I - F_12F__ P-7 @N F_ F_ F_F_ F_ I-- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) 355304 Longitude (ddmmss) 785519 Comments: Please nut ON-HOLD for I/P Calls to be made. Would like to see IMPACT # : A-1 reconfigured to minimize wetland impact (maybe run line farther downstream near confluence). If you could get Larry Eaton to make the I/P calls that would help tremendously. (Michael Horan 9/22/04) cc: Regional Office Central Office Page Number 1 Triage Check List Date: Project Name: L-- I/iU?l DWQ#: 041- f County: dz?ivt-7 To: ? ARO Kevin Barnett ? WaRO Tom Steffens ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ?' WSRO Daryl Lamb 0 RRO Mike Horan From: Telephone : (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Ell Wetland determination and distance to blue-line surface waters on USFW topo maps ED Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: S? r' ji??I ?o'??,<J?2? l? si ?? L_/217t' ctn. ktL ZI P calk -vo, Environmental Consultants, PA Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467 September 3, 2004 S&EC Project #7133.W0 NCDENR-DWQ US Army Corps of Engineers Attn: Mr. John Dorney Attn: Mr. Todd Tugwell 2321 Crabtree Blvd 6508 Falls of the Neuse Road Parkview Building Suite 120 Raleigh, NC 27604 Raleigh, NC 27615 RE: Request for NWP 12 & 39 and 401-Certification Grandale Subdivision pg V GROUP Durham, Durham County, North Carolina° Dear Mr. Tugwell and Mr. Dorney: WATER QUALITY SEC (ION On behalf of Centex Homes (current property owner), we hereby request authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permits 12 and 39 for proposed impacts to wetlands and stream channels that will result from the construction of a residential subdivision. We also request written concurrence from the North Carolina Division of Water Quality (DWQ) that the project complies with the associated water quality certification for NWP's 12 and 39. A Pre-construction Notification Application (PCN) is attached, which includes an agent authorization form. The +/- 135-acre property is located approximately 2000' northwest of the intersection of Scott King Road (SR 1103) and Herndon Road (SRI 100? Please see the attached USGS site vicinity map. A detailed wetland delineation was performed on the property in 2002 and was approved by the USACE in April 2004 (Action ID # 200221360). No permits have been requested or issued for this parcel. Permanent impacts consist of 139 linear feet of important, perennial channel, 573 linear feet of unimportant, intermittent channel, and 0.294 acre of wetlands due to the construction of roads and lot fill. Temporary impacts include 92 linear feet of channel (31 Lf, of important channel) and 0.2617 acre of wetlands for a sewer easement. Because impacts to the perennial/important channel are less than 150 linear feet, we do not believe Charlotte Office: Greensboro Office: 236 LcPhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 September 3, 2004 S&EC Project #: 7133.W0 Page 2 of 2 mitigation should be required by the USACE or the NC-DWQ. Wetland impacts are greater than. 0.1 acres, therefore the applicant proposes payment to the EEP or preservation of the remaining wetlands in lieu of payment to the EEP to satisfy mitigation requirements. Please note that following construction the site will contain less than 24% impervious, therefore we do not believe that a pre-approved stormwater plan is required by DWQ. Sincerely, Todd"Preuninger Biologist/Project Manager Attachments: Pre-construction (PCN) notification form Agent Authorization Form Site Location Map-USGS (Figure 1) Site Location Map - Soil Survey (Figure 2) Proposed Wetland Impact Maps. Office Use Only: Fonn Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 (verify availability with NCWRP prior to submittal of PCN), 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: Centex Homes (Attn: Grey Methven) Mailing Address: 2301 Sugar Bush Road Suite 400 Raleigh NC 27612 Telephone Number: (919) 781-1952 Fax Number: (919) 571-8346 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: Todd Preuninger Company Affiliation: Soil & 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: Preuninser a SandEC com Pagel 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: Grandale Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 531-01-006 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): Grandale Directions to site (include road numbers, landmarks, etc.): The property is located approximately 2000' northwest of the intersection of Scott King Road (SR 1103) and Herndon Road (SRI 100). 5. Site coordinates, if available (UTM or Lat/Long): 035 53' 04" N, 78 55' 19" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Northeast Creek 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://12o.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: The site is currently wooded. The general land use surrounding the site is primarily residential. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is a single-family residential subdivision with the typical utilities (i.e., roads sewer, water, electric etc.). Typical excavating and grading equipment such as bulldozers backhoes and motor graders will be used during construction activities. 11. Explain the purpose of the proposed work: The purpose of the work is to provide additional housing to meet the growing demand in the area. 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. A detailed wetland delineation was performed on the property in 2002 and was approved by the USACE in April 2004 Action ID # 200221360) No permits have been requested or issued for this parcel 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 permits are effected to be required for this parcel. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Permanent impacts consist of 139 linear feet of important perennial channel 573 linear feet of unimportant, intermittent channel and 0.294 acre of wetlands due to the construction of roads and lot fill. Temporary Page 3 of 8 impacts include 92 linear feet of channel (31 1.£ of important channel) and 0.2617 acre of wetlands for a utility easement. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** A-I Temporary 0.222 No 0 Forested Wetland A-2 Temporary 0.04 No 0 Forested Wetland A-3 Permanent/Fill 0.294 No 0 Forested Wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainagc, 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 arc available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fcma.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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 8.129 Total area of wetland impact proposed: 0.294 acres of permanent impacts (0.2617 acres of temporary impacts). 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) A-1 Temporary 61 UT to Northeast Creek 2-3' Intermittent A-2 Temporary 31 LIT to Northeast Creek 4-5' Perennial A-3 Pemanent//Culvert 139 UT to Northeast Creek 4-5' Perennial G-1 Permanent//Culvert 139 UT to Northeast Creek 2-3' Intermittent I-1 Permanent//Culvert 144 UT to Northeast Creek 2-3' Intermittent H-1 Pennanent/Fill 89 UT to Northeast Creek 2-3' Intermittent H-2 Perntanent/Fill 71 UT to Northeast Creek 2-3' Intennittent H-3 Permanent//Culvert 55 UT to Northeast Creek 2-3' Intermittent H4 Permanent/Fill 73 UT to Northeast Creek 2-3' Intermittent 11-5 Permanent/Fill 2 UT to Northeast Creek 2-3' Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both die 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 w w.uses.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin, www.mavquest.com, etc.). Page 4 of 8 Cumulative impacts (linear distance in feet) to all streams on site: 804 (712 pennanent; 92 temporary) 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, ocean, etc. NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant requested a detailed delineation prior to site plan development in an effort to avoid impacts where possible The proposed site plan will permanently impact 0.294 acres of the 8.13 acres of wetlands on-site Because two stream channels dissect the property, impacts to the channels cannot be avoided in order provide access to the entire site. However, the applicant will cross the stream channels at right angles to minimize impacts. 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/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. Because the applicant intends to the preserve the remaining 8+ acres of wetlands on-site and because important channel impacts are less than 150 linear feet, we do not believe mitigation should be required However, if mitigation is required, the applicant proposes payment to the NC-EEP 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htni. 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 Pagc 6 of 8 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .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. Zone* Impact (square feet Multiplier Required Mitigation 1 NA 3 NA 2 NA 1.5 NA Total NA NA NA * Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 8 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 213 .0242 or.0260. XL Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The proposed impervious surface area for the site will be less than 24% 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 project will tie into an existing sanitary sewer. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). September 3 2004 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Pagc 8 of 8 li-k o O O I O t h w - If S;• ?o ' 0 Q p D spa ^,?.•l Q ?\ ' rZ 4 0 1 1 i b 1? ? i S ? Mp\ ' EN RE'1`T •.JO DA jV ?I KE / 1!' - ? J • \ I }31.2 > i ? ! . ? ?.o ? ? - i \ u tab n ` l 5L \ F }, d i ?. I 1100 L„' t zs 1 ? r .. ? .. / ill -- •/ '? _ .... / ` C ._ _?_ "_:?tt...a ' I?^/ rim s Ch L e`? I 1 \'Oip _ -1630 17 -91 \ I ? .U \ f- `-l/ •) 1'? 1 \ (/ -c y? . ii \ ?? 1631 14 Project #: Scale: 02.7133 1" = 2000' Project Date: Mgr.: TP 5130102 SOUTHWEST DURHAM, N. C. NW/4 DURHAM SOUTH 15' QUADRANGLE 35078-H8-TF-024 1973 PHOTOREVISED 1937 DMA 5255 IV NW-SERIES V842 Figure 1- USGS Soil & Environmental Consultants, PA Herndon Tract 11010 Raven Ridge Rd.- Raleigh, NC 27614 Centex Homes (919) 846-5900 • (919) 846-9467 Durham, Durham County, NC Web Page: www.SandEC.com ? y.'Z s ,ri; '?@ } S+ ??•+ ? ru -+ 1 ?Yr? ?7. 6?.,7 } ?,,, ? f oy-'? _? ? ;? _ t. S?tsC '`? >. y?r?" J)???'- 1. ,y?,?& S ``=1 :t +?. ? ?? ?t.'.• `;? J ' ? } , '.t ?".• • Sy <? 1 +i? ?.t,:.r s< ? ?1S`hr.? ??i i?SL`• ?A.1s g 9 <? t i?' ? J R, Y ? ??? ti ` i l E,. ?? t?f *. t 'r ?, z?,f. P ` ? yi ? ?3?iF. 57(x' •fi ?° • ?.- .+ ?clc "G i i%a '?? k?tyi -7:.!c??'\' ? ? Y':t?c? ?`?'R . ?t'Z-r ?" ?..DYt• ~,i? t. { tip ,, ,r y? h '•.,V s stii-.+,irGw. ?<? ?• ? ' c Ft?d tf.+r <+ •. ?`• i?? ' x?3L it Ott ?'?in } ?<; w F ? W.? .} ? >, y'Di a ,° 1 ? ? 3x fa.?,. ? Xy ??," ?4` ? ;t •'?•'ti 3Jiy+ v ? I? ' ? ? - 1 ? + - i 1 ?<? t ? 3- ?Y ?'i? • ? fi. ? ? q s ?? •} I r, ibl tr ?,6.,3` t ??' t ? J,4w? 14; ??4 -«X t?, ';''?/ J-.a*{? a _•.??? -: ^'• ? .. n rk.? +w-r ? Ta' .? '??? a$Yi??{•t•hs ?'?-'?t ? j ???i tr < +R(Y5 Z ? J d+. `t 3' • ,. J 'i r. ; I ?s?' +?t'R2 w ?. d.` '? `?..: ? r f ;. ?Y 6 '?. C`? i y ?3 Yi 5 ?C ?N ?t }y T?•>4, l? iJ ?µ "7`+n4YY Y?? 1 S' r S t'? WT s c?0 3, X k .. _, ? L.,1, ` , f3a -, r r fir...; e ab .,e ?? ?"1:i?r ?+?., - - S_ " ? ` 7f i- { .?' yb QR ? r ? 1 ?1'la §4 k <.?Y ? ?-:_.+ ? t? t v J`L + . 4? ec; ? `? ?: it F ?.... ,•J T?Tf `? i ??'? y; 1`?Y i•, r _ ?C ti°!? iL• ? . Q t '• ? r aC- s s... pu•a(es ?? r` { k Fa f Y? iVsEi i--=•s, i ???, ?fp ' ' c• i S ?4 ?c? • '-` .:i. :3..a " r. ? ?? ?. ,. F'., ?-k •. 3,? ? ?? ?t?' :, ?yv ?? it ? . .? 1 ? .? ` ?# ? . ? ?/?.. ^!?`c. ? / I . / L i 1-1•' k1fy Y. iir I 14 Project #: Scale: 02.7133 1" =1320' Figure 2 -Soil Survey Project Date: Mgr.: TP 5130102 Herndon Tract Centex Homes Durham, Durham County, NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 • (919) 846.9467 Web Page: %vww.SandEC.com 02/16/04 11:27 FAIT 9195500978 Centex Homes • U002 Soil & Environmental Consultants, PA 11010 Rawn Ridge Road • Raleigh. North Carolina 27614 • Pltone: (919) 846;5900 • Fax: (919) 846-9467 www,SandEC.com AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner Name: mcc -- Z3° 1 ?'? 2 tl.S v? ? ? Acx?G ? n2 Address: Phone: -7 S / - I Project Name/Description: tJ Date: 2 • I?-D The Department of the Army .S. Army Corps of Engineers, Wilmington District P.O. Box 1890 f yilmington, NC 28402 Attn: Field Office: Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current VLqRgIV owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in tiny behalf as my agent in the processing of permit applications, to furnish upon requ t y? suppl ental informatiol) in support of applications; etc from this day forward. The P --- day of This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid oxtlkzfor government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. Print Property Owners Name cc: Mr. John Dorney NCDENR - DWQ 2321 Crabtree Boulevard Raleigh, NC 27604 2- f Property O z s Signatnu cc: Mr- Todd Preuninger Soil & Environmental Consultants, PA Charl +?ae Officc. Green shorn Officc: u;cko? ?- PMIl 291, 3020-1 prospzrity Church Road 3817-fi Lawndalc Drivc 910130ston Road Greensboro, NC 27455 Taylorsville. NC 28681 Charlotte, NC 23269-7197 phone (828) 635-5820 Phonc: (704) 720-9405 Phonc: (336) 540-8234 (828)635-5620 Fax: (704) 720-9406 Fax: (336) 540-8235 GRAN DAL E WETLAND, CHANNEL IMPACT TABLE I MPACT NQ SHEET PURPOSE NO. WETLANDS SQ. FT. CHANNEL LINEAR FT. A- I 11. (te4) 3 SANITARY SEWER ESM T 9668 0, ???tac 61 A-2 iz(")4 SAN ITARP SEWER ESM T(i-poric-t) 752 o.o4oc 31 A-3 39 (penn) 4 ROAD GROSSING (f"CAA cl? ?rmgGrt) 2787 o,':).aqu? 139 G- I Z A tpw'?) 4 ROAD GROSSING f unL ?gUr?tnk? 0 139 1-1 pum. 14 ROAD CROSSING u+,ir?pcr+c?ni'? 0 144 0 H-1 3g(fft,) 6 LOT FILL 0 89 H-2 5g(ptrr,) 6 STORMWATER ESM T 0 71 H-3 39(pum) 6 ROAD CROSSING 0 55 H-4 3a (pu'm) 6 LOT FILL 0 73 H-5 6 STORMWATER ESM T 0 2 TOTALS 24207 0.5557« 804 1*e-mprc.ri 0,: b07ar 1J_ Permc?^en O.agHcL 15? 712 36ewj a.-A 44 LVT'lAP 573 . SCALE: 1 WETLAND INC N & ASSOCIATES PRM C . , RAVE ST, GRANDALE DATE: JIR+E IB 2CQ4 NGMEF, NNERSr( WDSC FF DESIGNF PS:SURVEYORS'F ND L SS t IMPACT AREAS . 1 n . . I F.CANSULTANTS 7A ' PROJECT: 2W2-(XiJ.001 J rt P1?1T5}I:Si luial iyux(iun?3?urttxi Ihor?Yl? i51-97!'J ! EverUrtt. 3ute:L4Kl,.)4NL I7.19 SHEET # 2 SCALE: 1"=106 MATCH TO SHEET # 3 51 - - / 1 78 I I X ? ay W?j 1 as I- - - - Q I a7 0,13 52 y 71 > 1°3 r mm I ??--- - - ,b - - --I?- `?. / IQ; 153 _ I?5 I 94 (N SPRINGS CT 42 40' KOW 23' B-B 154 - - ?\ 174 i`n II I Icy / 19t II Iii I ----? II ? j 193 r -ELI 156 II ; II ? - - j I7I I o \ 170 &3 Ib9 15, \ I ? 158 , i I l I f 2C. 203 202 20 ? 2W I 194 `? II ? 11 ,' ; Ibl ',62 I Ib3 I 164 165 Irx, 159 l? - ? I I I I \? T t i 1 1 1 ,r I C 11 I I' I? ,I li li ? I I ? I III SHEET # 3 SCALE: I ° = 1001 I iul 13b - , ? ?` 137 133 213 i 1 ? I 54 I l ? f lribk ? MI 13 211 , 52 % II 139 142 % 210 R / 143 209 ? 141 / `1 II i '1 1 I 1 ? 2:aM1 I ? Ib4 III , ? ? ? r II 147 ' 140 145 1 / I 11 I ? ? ,? ? ? , i FENWI CK PARCYIAY 5O ROW 35'E3-5 r?rT ? IS3 149 181 I `1 i .. lee ? I 1 169 ?,? ?'?? Ias i?? 150 I I _ _ 17e i 15i .... `\ 1 ,Il l 1 206 NORTH l ? ?? 11 ,,,» l ?l I MATCH TO SHEET 4 2 SHEET # 4 SCALE: I " = 100' j ? ? i \ 1 120 IBI IIrE \ 1 21 121 -; CHANEL, WETLANDS \` 1 \ i - -- - i ? \ , = ROAD,-CROSS 1 N G icti ¢ -_ 124 25 63 „;m ?vnl 1 , C<(" Z 75 I i ?? a? Q4? ? 11 ?2?87 l5 B t / \ r b'`I MPACT 4: - \ 79 CHANNEL 130 ROAD CR S I N6` f /MPACJ • 'A-2 / 2 CHANN WETLANDS J1, SANITARY SEf IER3 bb 51 \ I' 58 - I ----------------- 134 135 Y I I \ ? / y7 I I u \ 214 I MID T. I71. CHAN EL -- - - --? ROAD CRESS] NC7 b / NORTH a I 213 I 1 11 ? ? MATCH TO SHEET 4 3 r w 0 v SHEET # 5 I Pt[Lo ` I 1 157NG ", 3. .%? G lF/JiBI 011/ \ ?• 1 \? / E%15TI NG G'NWCYLE PA-- 5%IIVI SIGN 1 ?"PSR 11F/J-B SCALE: I " = 100' / V C-RWCOVER GZi I VE 10 W M V) ? O I ? V MATCH TO SHEET 4 3 SHEET # 6 SCALE: 1 " =100' --?---- ,? I 1. --T-T MPACT 4' H-5 I li IMPACT #: H-4 CHANNEL CHANNEL I ! I STORM SEWER - LIT F I LL III I i?! I I ? I 83 I MPAC I #: H-3 CH NNEL Ln _ - ROADS CROSSING / 19 / I W - - I ,0 5? - ` i IJ i'J m I MPACT H-2 ? ? I I j CHAANNEL `, a I I /--_ STORM SEWER 13 i i 12 !Y J r 22 8 I . MPA Y, # QCHANN,EL LOT j` ILL i j SANOHILL LANE y I I \_ 4d ROW 15' B-B ' 24 i J! 3 wei ie riE+MCm 2. i/ 81RGH'G1?D PPn{',DR n,,.. ed Rc l b7 B-B i MATCH TO SHEET 4 7 NORTH SHEET # 7 SCALE: 1'=1W MATCH TO SHEET # 6 1 , 5 ? o 2 I 3 4 l I 1`t 25 P/ OR I I r _ B?ROh L BO' ROW 62 B-B ?- I I I ?\ IIXI) INI) - II OU+ G+tl ? I I I ? ? I, I I , i 67 I \1 I? 26 27 I I I I ` I,,I I I 23 ? u H ? I ? I I I I I iu? 1 1 ! i? co ? Gn 29 u E R cr? 1 32 30 ? nn 1 / 54 h ao ? a 1 39 I I ? 1 ?58 3'S / 1 1 . it :3 I , 34 I 35 3; 37 i I ` `11 , \ I I i 41 57 STONEHI ? E OT I 1?? 40 ROW i5 B B _ 1 G ?' I l 42 1 '?'? ry 49 45 d7 do 45 I 44 43 \ SHEET # 8 SCALE: 1" =50' H I' = 5' V - ^ ? .D I m I ? N N ? v r ?n .o " 270 = d v i 270 I I U5E NG TANDA , T HEADb1ALL D 483 B 20 ? I I I --I I VELOCITY DI$ 51PATOR PAD t W=20. or t DEPTH=27' STOP 1E---EL-A? D,, =25' g pCp 5 Vio=17.6 F/ 1 - 94•00L?; 13? j 260 ? - 260 C 10. 00 LF (LA-55 I D.5o =13' RAP GEOTE NLET-PR(3TEETt? TILE UNDER- INER i I I I n I I I ? in 250 j = Iz 250 I i I 1 I I I I t 0+00 1+00 2+00 STORM DRAI NAGE 9 STA. 9+62.45 BI RCHWOOD PARK DR. Vwlv.7YLIFUV 10, r14 NC Division of Water Quality Tran # Invoice Type Date Reference 4148 090304 Invoice 09/03/04 7133.W0 d Cb ?? Qy ? aJ 016934 Check Number: 16934 Date: 09/03/04 Check Amt: $475.00 Balance Discount Pay Amount $475.00 $0.00 $475.00 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Centex Homes 2301 Sugar Bush Road, Suite 400 Raleigh, NC 27612 DWQ# 04-1491 - Durham Article Number (Transfer from service labs 7a04 A. Signature X ? Agent ? Addressee B. Received by (Printed Name) C. Date of Delivery /N. r barr' S D. Is delivery address different from item 11 ? Yes If YES, enter delivery address below: ? No r 3. Service Type % Certified Mail ? Registered ? Insured Mail 4. Restricted Deliv( 1160 0002 2706 i V Express Mail -9 Re tr?F ceipt for Mer C.O. 1 41 d t'es) Yes 6 RQ i=nrm RR11 Fehnrani 9Md nnmaetie Gah vn Racoint UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 S44 ?ltitl?ittltllii??liltlEilt!}llii?titF?l14E??t;IFit?1f!!!i?!!1 April 14, 2005 Cyndi Karoly North Carolina Division of Water Quality 401 Oversight/Express Review Permits Unit 3800 Barrett Drive Raleit?h, NC 27609 I ' _ _ .:. RE: Surface Water Quality Standard and 401 Water Quality Certification Violation at Grandale Subdivision, Durham NC; DWQ# 04-1491 Dear Mrs. Karoly 2301 Sugar Bush Road, Suite 400 Raleigh, NC 27612 (919) 781-1952 Fax(919)571-8346 On March 29, 2006 the Raleigh Division of Centex Homes received notification to submit additional information to your office. The deadline for this requested information was 20 days from receipt of your letter. During re-inspection of the facility on April 7, 2006 we discussed the possibility of an extended deadline for the requested information with Mr. Kulz. We would like the opportunity to meet with your staff on, April 24, 2006, as discussed prior to submitting a response. The Centex Land Development team would like to extend the time period for the requested information 15 days from the current date. This would make the new date for the infonmation May 3, 2006. Please feel free to respond to me by email at eabrodnickncentexhomes.com to grant or deny this request. Your understanding in this matter is much appreciated. u, C @ L=7 a?IC p D *aBro(d Storm Wat r Comp ance fficer APR 1 9 2006 Centex Homes Raleigh Division tiMW@3R40 STORIINNATER BRA14CH cc: Cyndi Karoly, DWQ Jade Eastridge, Director of Land Stan Wallace, Land Manager f O?pF W A T F,q?G r O 'C 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 March 28, 2006 Durham County DWQ#:04-1491 Mr. Gray Methven Centex Homes 2301 Sugar Bush Road Suite 400 Raleigh, NC 27612 Dear Mr. Methven: On November 18, 2005, Eric Kulz, and Amy Chapman of the Division of Water Quality conducted an onsite inspection of the Grandale Subdivision project. During the site visit, the investigators observed violations of the State water quality standards and the 401 Water Quality Certification with impacts to an unnamed tributary to Northeast Creek onsite. The inspection revealed violations of a sediment basin placed in a live stream; a submerged manhole adjacent to a stream; and a temporary crossing that had not been piped, that was lacking a provision for aquatic life. In addition, the temporary crossing did not appear to be temporary. The road crossing is a main thoroughfare through a portion of the subdivision. These activities resulted in impacts to a stream beyond what was authorized in the 401 Water Quality Certification. During the site visit, the investigators took photographs and made observations of the respective stream and streamside/riparian buffer impacts. Impact Area Al: The stream crossing was not piped and lacked provisions for aquatic life. The crossing also did not appear to be temporary as it was approved by DWQ on January 05, 2005. Also, a sewer manhole was completely submerged adjacent to the stream. Impact Area A2: The sediment basin was placed in the middle of a live stream. DWQ did not approve the basin placement. In addition, it was apparent that maintenance had not been performed on the sediment basin, which was causing sediment to discharge downstream. As a result of the site inspection and file review the following below listed violations are noted or merit additional information requests: 1) 401 Water Quality Certification Condition violations, and 2) Preclusion of Best Usage. Item 1. 401 Water Quality Certification (DWQ Project No. 2004-0206) Conditions On January 05, 2005, a 401 Water Quality Certification (DWQ Project No. 04-1491) was issued for the subject tract. The November 28, 2005, site visit confirmed violations of the following 401 Water Quality Certification condition items: 1. Standard Erosion and Sediment Control Practices 401 Oversight/ Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-7.33-6893/ Internet: http://h2o.enr,state.nc.us/ncwetlands None Carolina ?turally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper 96 Grandale Subdivision Page 2 of 3 March 28, 2006 a. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: b. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. c. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. d. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. e. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. No Waste, Spoil, Solids or Fill No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notice Application.. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of State water quality standards, statutes, or rules occur. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; Item 2. Preclusion of Best Usage A DWQ site visit and file review confirmed that the temporary road crossing was not piped and was not allowing for aquatic life passage.The installation of the road crossing represents a stream standard violation. Specifically, 15A NCAC 213 .0211 (2) explains the preclusion of best usage, which includes aquatic life propagation, biological integrity, wildlife, and secondary recreation, and agriculture represent a water quality standard violation. This Office requires that violations, as detailed above, be abated immediately. Also please note, these violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. The intent of the DWQ is to recommend enforcement for the above-cited violations. This Office requests that you respond to this letter, in writing, within 20 days of receipt of this Notice. Your response should also address the following items: 1) You should clearly discuss your efforts to come into full compliance with the 401 Certification. You should also detail the events that resulted in your non-compliance with the above-mentioned certification conditions. .4 Grandale Subdivision Page 3of3 March 28, 2006 2) Please provide a plan detailing how the sediment basin will be removed from the stream. The plan should include a detailed timeline for how the basin will be removed without further impacts of the stream. Please keep in mind the sediment basin and corresponding sediment should be removed by hand to prevent further impacts to the stream. 3) Also, materials to be removed should be placed in uplands outside of the floodplain. (Note: you may need to modify your sedimentation and erosion control plan to accommodate this work). Please indicate in your response a schedule with dates detailing when this will be accomplished. 4) Please provide a plan for removing the temporary road crossing. The plan should include a detailed timeline for how the temporary road crossing will be removed without further impacts of the stream Accordingly, if the plans do not match those authorized in the January 05, 2005; 401 Water Quality Certification, it is required by copy of this letter that you request a modification of your 401 Certification. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Also, your above-mentioned response to this correspondence will be considered in this process. Further, this office requires that violations, as detailed above, be abated immediately. It should also be noted, these violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Cyndi Karoly at (919) 733- 9721. Sincerely, C JCyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit cc: Eric Kulz, Division of Water Quality Raleigh Regional Office Division of Water Quality, Central Files Division of Land Resources, Raleigh Regional Office US Army Corps of Engineers- Raleigh Field Office Danny Smith, Division of Water Quality, NPS Assistance and Compliance Oversight Unit Joe Pearce, County of Durham, Engineering Department; 120 E. Parrish Street; Law Building, 151 Floor; Durham, NC 27701 File Copy File Name: 041491 Grandale(Durham)NOV Grandale Subdivision Photo Log I" Crossing 0635: Shows "temporary" road crossing and where the pipe should be. 0636 & 0637: Downstream of "temporary" road crossing. 2nd Crossing: 0628: Shows the sediment basin to the right and the road crossing to the left of the basin. 0629: Shows one branch of the stream. 0630: Another branch of the stream 0631: Standing in the stream looking at the road crossing and sediment basin. 0632: P branch of the stream. 0633: Standing behind the sediment basin looking towards the road crossing. 0634: Standing just before the road crossing looking towards the sediment basin. Customer Service 1 800 623-7748 Type of inspection Inspector DWQ Evaluation of Site and Waters from NPS Activities Record Number 0277 1617 Mail Service Center Raleigh, NC 27699-1617 401 number 901 Division of Water Quality (919) 733-7015 401 Cl,'] El 13uffei Complaint [2'?totm Water Pe-rniit.C Fl ? VWQ follow-up lit5pcc.t :o.6 [jrDIA/ 1 oca) Agency' .Referal ?TC)ther ? DFR, Referal F1 Wetland t0mpJaint ? Stream Complaint / Receiving Waters Region Count Basin Stream class 303d listed streams Yes ? No ? N/A DWQ trout listed ? Yes No ? N/A stream Date of inspection Location 1 _ q-(DS ent time exit time Mperty tax id # Tract Name Latitude MEET ' 4 4q S Lon i,? tude T5. t) 1 q Ll 5 1 -7 C? c o-n d?1?. S a o o O IV ? 6? S (cs?-? ?• .r`'?) 1? t'?11 1 Nearest cross roads SG©-t'r? f? eSf?c?o/1 Project S. S status i's S (V o Project type C e Acrea e O <1 acre O 1-5 acres 0 >5 acres Expected Estimate of /3-5 Project Acrea e Completion Approved S&EC Plan ? Yes ? No InIVA Contractor Contractor Phone Owner's Name Address City, State. ZiR Violations/Concerns ? None to report 1:1 Vii71y 401 ceitilic Uiurt iij?pu??al?5e (p.2) ?401 certficatton;;ec,4Qlswctioii'(p ) El N' "ctlatld A&--- wetland <<tici?i (P ?)ry ? Buffci titd 'w hbtfcil"ection ? W ttci dtiPply see:ktt itersul?Ply (li 31' 4t+r l` till 'stci5 see stic inl st tncl ifd sec('.( El Stn ? Permit ? ol?66ns,(NC'C;61) tree 'pcrmit sc,ct rly,4? ?; ` ? 1?011ow-iii w1t1i 401, Llt,?ll1 R local 'agcllc ? 0 her project needs other ? yes ? No ? N/A DWQ permits /certs Does visit prompt NOV? ? Yes ? No El N/A Contact NOV Date Support Ck??t( ?c liar S Documentation Ar Urn 2,0-1 5 riot- (Su.? , 5fi 400 ? i' ? Copies of Land quality =tnspe-ction repots/tiles-ipr 11 ? Copies of Permit, or 401 monitcwing reports ? ,'tt'eam Samples ? None ? Other Inspection .......... . .......... .n ` ....................., . .. .... .. Summary C 0 5.....t...?..,....1??..... ....`?! ^I?:RtN Q?....?...."ai!.!cY,........,4....1Q....!.?.1`! ..a ..C :l .1.. ,: :5.... E: n....P..? t .......................................... ...................................................................................... . .... ................................................... .... C,rQ :? S.. ?. ::.......... . .... .? ..1 -a ,?c?..... r......? ..5 .. ..:..................................... ............................................................................................................................................................................................................................... 1 ................................................................................................................................................................................................................... . Verify 401 Certification Confirmed by ACE ? Yes ? No ? N/A Stream impacts Wetlands impacts No certification comments Record Number 00277 401 cert. required ? Yes ? No ? N/A Date of ACE confirm ? None to report/ <50 feet Type of stream \ ? <150 feet of stream impact impacts a>150 feet of stream impact ? 150 feet of perennial stream impacts ? None to report Type of wetland < 1/3 ac.wetland impacts ? 1/3-1.0 acre of wetland ? >1.0 acre of wetland ? Loading ? Others ? Culverting ? Relocation ? Flooding ? None to report ? Dumping ? Filling ? Ditching ? Pumping ? Flooding ?. (...... .;7 ........................ please continue ..................................... ................................. ................. .............................. 1................................ to wetland std. ...............fir. ?^ 4? (v`tr. .........1 .: 1 x'°? ?S ' ? c S...: ...? ?.... ? !Z 1....?...f .................... n section (p.3) Projects with 401 Certification Proposed project has not started: date proposed Project developme' ' rocess. date est. complete 404 national permit # / :? h 3q I 401 wetland impacts 401 stream impacts ? None to report ? < 1/3 ac.wetland ? 1/3-1.0 acre of wetland ? >1.0 acre of wetland ? None to report/ <50 feet <150 feet of stream impact e>150 feet of stream impact ? 150 feet of perennial stream impacts Project work complete Type of wetland impacts w/401 cert. ? None to report ? Dumping ? Filling ? Ditching ? Pumping ? Flooding Type of stream impacts w/401 cert. ? Loading ? Others ? Culverting ? Relocation ? Flooding ? Yes ?,No ? N/A wetland impacts beyond authorization estimate acreage stream impacts beyond authorization S ?e3 .6-11. ? Wetlands and streams certification conditions Additional conditions and other continents 2 Mitigation required ? Mitgation plan implemented ? Other... WRP option ? Stormwater plan required WRP payment received ? Stormwater management plan approved DWQ mitigation plan required ? Stormwater Management plan implemented Mitigation plan received ? Deed notification requirements Mitigation plan approved ? Deed notification implemented ................................................. ................................................................................................................................................... .................................................. ................................................................................................................................................ T please continue to wetland std. section (p.3) % Record Number 00277 Wetland Wetland confirmed by ACE ? Yes ? No ? N/A Date confirmed ACE Standards 401 cert. required ? Yes ? No ? N/A Type of impacts El None to report El Dumping , 91 ? None to report t d i ? Filling ? Ditching ing ? Other ? Pum mpac Wetlan ? < 1/3 ac.wetland ... p ? Flooding ? 1/3-1.0 acre of wetland ? >1.0 acre of wetland Noticeable substances in amounts which cause adverse impacts to wetlands 2B.0231 (b) Have you noticed impact(s) which preclude any of the below uses of wetlands. Identified uses 2B.0231 (a) Is there evidence of liquids, fill or other ? Yes ? No ? N/A Hydrologic functions ? Yes El No [I N/A there evidence of ? Yes ? No ? N/A fl floating/submerged debris, oil Stormwater retention and ? Yes ? No [:1 N/A t Is there evidence of ? Yes El No [:1 N/A orage s materials producing color, Filtration or storage of ? Yes ? No ? N/A nrlnr tnctr Is there evidence of toxic substances ? -Yes[] No ? N/A pollutants Shoreline protection Habitat for aquatic organisms Habitat for wetland dependent wildlife Wetland Standards comments ? Yes ? No ? N/A ? Yes ? No ? N/A ? Yes ? No ? N/A Is the biological (flora, fauna) integrity maintained Does the impact(s) alter the natural hydrological conditions of the wetland(s) to such a degree in which the wetland(s) now fail(s) to support its biological and physical characteristics. Occurred alterations with: (Please check any) ? Yes ? No ? N/A ? Water ?curmnt 5 anti } o,ntTA ? Water titc, ? Cltcfnical, 11utricrt,_1)0 rer'Itlic, ? Aqutili? I itiii.t plt Wa}er evc7?? ?,No meusuraf)IL' intlnrls htc ;cIlt'J ..................................................................................................................................................................................................... .................................................................................................................................................................................................... .................................................................................................................................................................................................. Riparian Buffer Zone Buffer Rules ?Neuse ? Tar-Pam ? Randleman ? Water supply watershed Confirmation of stream subject to the rule ? Topo/Soil Survey ? Topographic map [] Site specific conditions E] Local gov. map Neuse and Tar-Panilico Buffer impact zone 1 Estimate of linear feet of buffer impact Estimate of acreage of mean width of buffer ? Yes ? No ? N/A Buffer impact zone 2 Estimate of linear feet of impact zone 2 Estimate of acreage of mean width in ? Yes ? No ? N/A impact zone 2 Buffers use observed Buffer use designation O Exempt O Allowable w/ mitigation O Allowable Q Prohibited Randleman Watershed and Water Supply Randleman watershed local gov ? Yes ? No ? N/A jurisdiction DWQ notification of ? Yes ? No ? N/A Local program response ? Yes ? No ? N/A local program Buffer comments Record Number 00277 Stream, Standards Stream present confirmed by DWQ es ? No ? N/A Date confirmed i Stream Impacts ? None to report/ <50 feet Type of stream impact ? Loading ? Others ? <150 feet of stream impact ? Culverting >l50 feet of stream impact ? Relocation ? 150 feet of perennial stream impacts ? Flooding Alleged types of water quality standards violations: 02B.0211 Stream standards comments ? Best Usage ? Deletrious substances ? Oil/petroleum ? Dissolve Oxygen ? Color ? Debris/refuse ? Floating solids ? Other wastes ? Other... ? Settleable solids ? pH ? Sludge deposits ? Temperature ? Oils ? Turbidity .......................................................................:............................................................................................................................ .................................................................................................................................................................................................... ................................................................................................................................................................................................. .? Is a permit required ? Yes ? No ? N/A Permit Conditions for this activity ? Are control devices S&E Plan approved ? -Yes[] No ? N/A inspected after storms " ? Yes ? No ? N/A per 24 hr. rain event) (>0.5 S&E plan approved by rogram E DO Are visible mo nitoring data ? Yes ? No ? N/A available? Implementation of ? Yes El No [I N/A S&E Control plan Is a rain gauge on site El Yes El No ? N/A S&E control plan on site ? Yes ? No ? N/A Occurrences when Are basins maintained ? Yes ? No ? N/A DLR found site not in ? Yes ? No ? N/A compliance Noticeable petroleum Off site sedimentation present ? Yes ? No ? N/A discharges ? Yes ? No ? N/A Off site sedimentation events ? Yes ? No ? N/A Consistent with ? Yes El No El N/A recorded El None EPA requirements Deposition of sediment ? Slight <1 inch for herbicide, pesticide and in water bodies (waters) ? Moderate 1- 4 inches (interspersed) fertilizer use ? Severe >4 inches (covers bottom) Construction waste ? Yes ? No ? N/A Linear footage of stream ? None to report/ <50 feet impacts ? <150 feet of stream impact disposed properly ? >150 feet of stream impact Are controls inspected kl ? 2/ k if 303d ? Yes ? No ? N/A ? 150 feet of perennial stream impacts wee y ( wee Anticipated noncompliance listed for turbidity or events reported ?Yes ?No ?N/A sedimentation) Permit comments ..................................................................................................................................................... ............................................... ..................................................................................................................................................... ............................................. 4 Grandale S/D Su*,f,- •: Grandale S/D From: Amy Chapman <amy.chapmanCancmail.nct> Date: Toe, 06 Dec 2005 09:40:13 -0500 To: Danny Smith <Danny.Smith ancmail.net> Morning Danny. 1 had gone to the Grandale S/D(DWQ#2004-1491) Site with Eric Kulz of the RRO and Joe Pearce of Durham County to do an inspection and we found several violations. Durham County is doing their own NOV and I'm getting a copy of that today. I'm also getting a copy of the file from the RRO today. There are 401 violations, but you'll see in one of the pictures that a sediment basin was placed in a live stream. Of course this is a 401 violation, but would this not be a violation of NCGO10000 since the stormwater control was inadequately installed? In picture 33 you can see a sediment trap that was placed in a live stream. Eric talked to Ethan with Centex homes last night. Ethan claims that the sediment pond is within the impact area for the 401 certified road crossing. Ethan was told by Eric that the impact area was for a piped crossing and not for a scd trap. In Pic 30 you can see what the stream looks like upstream from the road crossing and scd basin. At a separate road crossing at the same site, Centex put in a "temporary" road crossing over a perennial stream. That "temporary" crossing has been in place over 30 days per Durham County. Myself and one other Durham County guy got in the stream and tried to look through the rip-rap. It did not look like there was a pipe at all at this crossing. Pic 35 shows the crossing. Pic 36 shows downstream of the crossing. Would die NOV come from your office, or would the RRO do it? We were all unclear about it. Thanks! Amy Chapman Environmental Specialist III NC Division of Water Quality 401/Wetlands Unit 2321 Crabtree Blvd, Suite 250 Raleigh, NC 27604 Phone: 919-733-9502 Fax: 919-733-6893 E-mail: amy.chapman , 14 1 of 4 12/15/2005 12:07 PM Grandale S/D ? ' f v•"? r r °`y z^tti?,.t t 1 f w ?"-..h..,,r? ,..'?`w 71 r -I f4 ?- t ?..,-.-? _ ,.,..fir •w ?k `?l A P t - rVCi 1 f WI! !- <i r a 1 , ,.„ I + ?,i? Jja fif 1 (.? ;r?,?) ' ? a, f::;f'' 1^ _j ..r_r JL? .. 'C'1 ?..i ?? •r' `? h 4, T ? ??, J `.i. i-1A ? ?fi _ yt ?_??I?+?? ??i p ? '?"`.., \ p", `+ •it r ? ,: 4e , }t;araCv ? ,.ry ?, '+?P;i"[J =if ? Y!. ?' ?;,r? r` - . ? 4+?? '1•. ,r ?...,?.r , 3 At S{'lui, / r r F? R J.11($?1y r 1 ., ???,,?yyy I t "b R.:• . I 2 of 4 12/15/2005 12:07 PM Grandale S/D k ' 1" v41i s 11 Ix I'* t ,y t ? 1 ? I i 7 5 Try. ta + _s a 4 I_ -:,NT `5? ,,. 1 Y S < ?{? `??I ?•}? ? r t ?1; ? r t w:'4 t ! - Wt 4 f! Y4 { I 'f ?'?..' 4 5.,'f?L?+• /.?,, , I+y tot, s {, .'} '`a,.t•? / "'" '{" 1 r,.,I ry ,rR .r1D t w :; ?, r` 1. ?" JI t L rti s f x 5, v -• "'yl ns:t,, -S 7:'..1 ? ? ?t- t + r ' ?? `?I }?!r? tt .i?1 .7 • "'. ...: r -:? ?,. k'(Ir??/??3+1 j :. a.? y i i' i •;1 c?1?+ ?t`w?4QL'rt? 4. k - -M.?i ! e, Tl 1. A 1 t? I r 1 ? `?I y. '. ,k,??l F #{`f y? r?\,'. - ? 7l.iy\(f .i ' ' -c [f'. I ?'lr•?jr. > r hii-:.t ? *' ;,j ?{? ,, `; t ?, 17?` •;i Urs,.r.`c.a•. r?t[ta.'- .•r-t.?rs...?iv+?..??..lr?y?-?.- ?r.?t-a.1.,.i:.....1•sisk......a..?.e?w+r.rR 1,1lG_0636.jpg Content-Type: imagdjpcg Content-Encoding: basc64 3 of4 12/15/2005 12:07 PM A7'?R PG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen 11. Sullins, Deputy Director Division of Water Quality October 13, 2004 MEMORANDUM TO: Ken Schuster Raleigh Regional Office FROM: John Dorney RE: 401 Certification Review Attn: Mike Horan r• Cv 5 2'00:1 Please review the enclosed 401 Certification applications by the dates listed for each project. Please call me if you or your staff have any questions, or need assistance in these reviews. Please complete the staff report and recommendation form on Filemaker Pro. If you prepare any 401 Certifications or Hold for More Information letters, please e-mail a copy of the letter to Cyndi.Karoly@ncmail.net . 1. Grandale Subdivision - Centex Homes 04-1491 Durham County Central Office Received 10/08/04, clock expires 12/07/04 Need RRO comments by 11/23/04 The other enclosed material is for your general information and use as appropriate. Enclosures J.c I, ?-'?- tYl.??-c- P e?c r•?-.,ti.Q Cam I ision of Water Quality, 401 Wetlands Certification Unit, 'ervice Center, Raleigh, NC 27699-1650 (Mailing Address) Blvd., Raleigh, NC 27604-2260 (Location) ,phone), 919-733-6893 (fax), (http://h2o enr state nc us/ncwetlands) ,,ice #: 1-877-623-6748 4 tXDU;2 12/10/2004 11:54 FAX 0001 SPte C an s ul-t ants Environmental ,?- , FaSc. 919 g?6»9487 s ?;Load • Raleigh, North Carolina 2761 . Phone, www.SttndEC.com DATE= 1 •`1 ? 01 ??? i M 0 ( 030 Project Number TO: NAME. - CC: COMPANY:,2?12 FAX NUMBER: L - L7) dam' FROM ` °'?o The following items are being; faxed. For Your Comments/A:)proval Per Our Conversation Please Advise Would Like To Discuss HARD COPY SENT: US Regular Mail Overnight REMARKS: SUBJECT, -» ??-' Number of pages including transmittal sheet: IF YOU HAVE A OB,LEMS WITH THIS 'T'RANSMISSION, PLEASE CONTACT AT (919) 846-5900. I "CONFIDENTIALITY NOTICE" This transmlasion is intended only foi the use of the individual or entity to which it is addressed and tray contain information that is privileged andoon4dential. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this information is stricdy prohibited. If you have received this transarisslon in error, please notify us immediately by telephone and return the faxed documents to us at the above address via the United Statrs Postal Service. r ts„'fotre ffice: 3817.13 Lawndalo Arivo ' 236 LePhillip Court, Sulto C Greensboro, NC 27455 Concord, NC 28025 Phone:: (336) 540-8234 Phone: (704) 720-9405 per; (336) 540.8235 >r- For Your Information -Per Your Request Pleasq Call Please Handle Band Delivery No Hard Copy Sent FACSIMILE SHEET ,FAX NO. (9I9) 946-9467 12/10/2004 11:55 FAT Date : December 9, 2004 To : Todd Preur,inger, S&EC From : Tommy Craven Re : Grandale Wetlands L•npact H-1, H-2, H-3, and H-4 0 002 Todd, In considering the options available to us in that portion of the land plan, we were unable to find a satisfaKory layout that avoided the impact to that section of wetlands without an inordinate loss of lots. We expect that our entrance road, Birchwood Park Drive, will carry a substantial amount of traffic, not only from this subdivision, but also from the existing subdivisions to the north, west, and south. The safety of the drivers and residents was a prime design consideration. To that end we have proposed a median divided street, with no lots having direct driveway access, for a significant portion of this road. We had looked at placing Sutteridge Court on the other side of the wetlands, one row of lots off Grandale Road. Unfortunately this left us with an unsafe intersection separation from the intersection of Grandale Road and Birchwood Park Drive. Placing the intersection as currently proposed left a substantial stacking distance at the intersection with Grandale for the morning traffic peak, and allows for a safe and steady movement off of Grandale Drive and into the neighborhood in the evening peak. We also felt that the other measures we have voluntarily taken within this subdivision to protect w;aer quality, such as an overall density of only 1:6 units per acre, impervious surface limits of less that 240/a, keeping all portions of our lots out of the Durham stream buff--rs, and increasing our minimum lot sizes on "lots abutting the stream buffers to 12,500 square feet, nearly 40% above the 9,000 square foot minimurn, more than compensated for the impact to this finger of wetlands. Triage Check List Date: I 611131o y Project Name: C2ojex Hoynef DWQ#: o i / y g1 County: O vr1 Ak,-, To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb RRO Mike Horan From: L, A rf-I a IvA Telephone : (919) -7 15-' 3'1 -71 The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ® Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: w irk strYav? 6 )- c 11m:p >trc4„A h 1f itreon,nl, /) 1,1"i-; i.r f{4r W,11 b¢ (Yg,f,'rtsr. 0;1 IV o+l,er T(C-tva fluT /l1?l?'.'t ?i Finn,?,??/ ii L , {,?•t n? y(tt fl. {[Vt/oj'<.f t?FS a"y b-+y nl,q4 fkAt C &It y /t v f t7?,! rand y ?(jC?i I i IGt ?t-l Y I('Z C sty, krz a ?i? &I fed I Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com October 8, 2004 S&EC Project #7133.W0 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 RE: Request for additional information Grandale Subdivision Durham, Durham County, North Carolina USACE AID# 200221360, 200421497 US Army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 D O C T 0 S 2004 1 CENR - 4'VATcR C'AL TY 4ETiANDS"S "D ST'44;iMl QRga Dear Ms. Karoly: On September 24, 2004, we received an `on-hold' letter requesting additional information for the proposed Grandale Subdivision. Specifically, the letter requested copies of field notes taken when determining whether the streams were perennial or intermittent. The streams on-site are typical of those found in the Triassic area. The stream has a well-defined bed and bank and then becomes less well defined in the broad or flat areas. I spoke with Mr. Todd Tugwell concerning the streams on-site and his notes indicate that the USACE considered all streams on-site to unimportant/intermittent. Please feel free to contact Mr. Tugwell at 876-8441 ext. 26 if you require additional information. A site meeting with the NC-DWQ has been scheduled for Monday, October 11, 2004. Item 2 asks whether the sewer line (Impact A-1) can be moved further downstream to reduce wetland impacts. As detailed in the attached letter, the sewer line impacts cannot be avoided. Sincerely, // Todd Preuninger Biologist/Project Manager Attachments: `on-hold' letter Response to Request for additional Information Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone:, (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 OCT-7-2004 13:58 FROM:PRIEST CRAVEN ASSOCI 919-782-1268 TO:8469467 P.3 PRIEST, CRAVEN & ASSOCIATES, INC. LAND USE CONSULTANTS Date : October 7, 2004 To : Todd Preuninger, S&EC From : Tommy Craven Re : Grandale Wetlands Impact A-1 Todd, We have looked at two other options for this impact and are unable to realign the sanitary sewer to further reduce the wetlands impact in this area. We cannot go further downstream due to the rising topography in that area. There is a narrow wetlands channel running east to west just below the lots on the end of the cul de sac. The topography rises significantly on the south side of that channel, making it very difficult to continue the sewer in that direction. The adjoining. neighbors were also adamant during the rezoning process that ,this area remain undisturbed. We had previously looked at connecting the sewer from the cut de sac upstream of Impact A-1, across the smaller tributary coming in from the north east, above the large pocket of wetlands, to the cul de sac located upstream from Impact A-2. Unfortunately the existing sewer outfall at Impact A-2 is too shallow to allow this route to work. PLANNERS /LANDSCAPE DESIGNERS / ENGINEERS / SURVEYORS 3803-B Computer Drive, Suite 104, Raleigh NC 27609. Phone 919/781-0300. Fax 919/782-1288 I O? WA rF9 7 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 22, 2004 DWQ Project # 04-0662 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Grey Methven Centex Homes 2301 Sugar Bush Road, Suite 400 Raleigh, NC, 27612 Subject Property: Grandale Subdivision REQUEST FOR MORE INFORMATION Dear Mr. Methven: 1 On September 3, 2004, the Division of Water Quality (DWQ) i eived your application dated September 3, 2004 to permanently impact 0.294 acres of wetlands and 712?eet of streams to construct the proposed subdivision. The DWQ has determined that your application was?incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Intermittent/Perennial Stream Calls Please provide copies of field notes taken when determining whether streams were intermittent or perennial. Please make sure these notes are cross-referenced such that we could use them to verify stream calls on the property using the application materials provided. Alternatively, please contact us to schedule a field visit to confirm the stream calls. 2. Impact Justification (Avoidance and Minimization) Please investigate whether Impact #A-1 can be reconfigured to minimize wetland impacts. For example, can the line be placed further downstream near the confluence? Please respond within three weeks of the date of this letter by sending this information to me in writing and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weekZ, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Wetlands Certilication Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-7331766 / FAX 919.733-6693/ Internet httpl/h2o.enr.state.nc.us/rcvetlands Alan W. Klimek, P.E. Director . Division of Water Quality 1?0" Carolina rfnra!!? An Equal OpportunitylAlfimrative Anion Employer- 50% Recycledll D% Post Consumer Paper Centex Homes Page 2 of 2 September 22, 2004 4 : *. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Domey at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, John Domey, DWQ, Wetlands / 401 Unit JRDlcbk cc: Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Todd Preuninger, S&EC, 11010 Raven Ridge Road, P?aleigh, NC, 27614 FileLme: 041491Grandale(Durham)HOLD 4 SEP 2 4 [v;j SHEET # 6 I M AC IMPACT #: H-4 CHA N G ANNEL STO r LTFILL 84 / - i lb 63 1 MPA? 4.: H-5 i 19 CHANNEL Iq \ ? Ln ROAD GROSSING 82 ,? W ' 20 T, \ M I IMPACT #: H-2 CHANNEL o STORM S HER \/ \ Ij X 12 < I MPA # ' 22 'QCHANN L t _ _ 9 LOT ILL _ - ---i \ 23 10 78 SMIOHILL LANE 417 ROW 25' B-8 / MI . w 2Q. IIV U.f1 2 j 4 u yll. 25 wee. n? 1 BIRGHWCOD PARK OR u.n. ? ? 11 ed ROW b2' B-B MATCH TO SF FAX COVER SHEET NORTH CAROLINA DEPARTMENT OF ENVIRONMENT NCDENR AND NATURAL RESOURCES Raleigh Regional Office NORTH Cmoum Om" Hoff or EwaoHMINT µo HAMA.& Wes, 1628 Mail Service Center Raleigh, NC 27699.1628 Z-Pages, including cover sheet TO:_ _ cf c? [Te Nrt i.??,? •? FAX: 919-5W6 - 9yI?, 7 FROM: 1Nl l.? ?ore?h. i DATE: SUBJECT: MESSAGE: T def - I + H? z k S It- If you do not receive all pages, call 919.571.4700 or fax back to 919.571.4718. OCT-18-2004 09:56 FROM:DWO-WETLANDS 9197336893 TO:RRO P:1/5 . NCDENf? North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Wetlands/401 Certification Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh. NC 27699-1650 Contact Information: Phone ##: 919-733-1786 Fax 919-733-6893 Fax To: Company: Number of pages Including cover sheet: Notes or special instructions: r -L".% Fag #: William G. Ross, Jr., Secretary Alan W, bimeK P.E., Director Date: 401 WctlnndsCoWcOon n 1650 Mal SaNke C"r, RBI O, North Carolina 276991650,. 2321 Crebtme BoWmrd, $uite 2M, Raleigh, Notch C= X% 27604 Phans:919.733.1786/FAX D12-73398938/lntemet:lls?l?nmralasnc.vstn? (pads) An Equal 0pporWnltylAtlrrnatW Action Employor- 50% Rogc1410% Post consumer Papor t.'' Carona ur?!!? OCT-18-2004 09:56 FROM:DWO-WETLANDS 9197336893 TO:RRO P:2/5 i 1 Soil & Environmental ConsuiXt'ants, PA 11010 Raven Ridge Road Rzlcigh, North Carolina 27614 • Phone (919) 846-5900 • Fax, (919) 846-9467 IWAL- w%w.SaadEC.com October 8, 2004 S&EC Project #7133.W0 NCDENR-DWQ Attn: Ms. Cyndi K=ly 2321 Crabtree Blvd Parkvlcw Building Raleigh, NC 27604 US Array Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road Suits 120 Ralciglx„ NC 27615 RE: Request fora4tional information Gran"e, Subdivision Durham, Durham Couztty, North Carolina USACE AIDt# 200221360, 200421497 Dcar Ms. Karoly. On September 24, 2004, we received an `on hold' letter requesting additional information for the proposed Grandale Subdivision. Specifically, the letter rogiiested copies of field notes taken when determining whether the streatus were pcr=nial or Intcrmittent. The streams on-site are typical of those found in the Triassic arcs. The stream has a well-defined bed and bank and then becomes less well defined in the broad or flat areas. I' spoke with Mr..Todd Tugwell concerning the streams on-site and his notes indicate that the USAGE considered all streams on-site to unimportanthntermittent. Please feet free to contact Mr. Tugwell at 876-8441 ext. 26 if you require additional information. A, site meeting wlt4 the NC-DWQ has been scheduled for Monday, October 11, 2004. Itctn 2 asks whether the sewer line (Impact A-1) can be moved fitrthm downstream to reduce wctlaud impacts. As detailed in the attached letter, the sewer line impacts cannot be avoided. Sincerely, Todd Preuninger . BiologisVProject Manager Attachments: `on-hold' letter Response to Request for additional Information O V42=== Grctn;bom Office: 236 LcPhillip Court. Suite C 3817-E Lawndalo Drive Concord, NC 23025 Cmensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 F3x: (704) 720-9406 Fax: (336) 540-8235 OCT-18-2004 09:56 FROM:DWO-WETLANDS 9197336893 TO:RRO P:3/5 OCT-7-2004 13:58 FROM:PRIEST CRAVEN ASS]CI 919-762-1288 T028469467 P.3 PRIEST, CRAVEN & ASSOCIATES, INC. LAND USE CONSULTAN'T'S )hate : 'October 7.2004 To : Todd Preuninger, S&EC From : Tommy Craven Re : Grandale Wetlands Impact A-1 Todd., We have looked at two other options for this impact and are unable to realipn the sanitary sewer to further reduce the wetlands impact in this arm We c=ot go further downstream due to the rising topograp}ty in that area. 'T'here is a narrow wetlands channel running east to west just below the lots on the end of the cut de sac. The'topogmpby rises significantly on the south side of that charnel, maldng it very difficult to continue the sewer in that direction. The adjoining. neighbors were also adamant during the rezoning process that this area remain undisturbed. We had previously looked at connecting the sewer from the cul do sac upstream of Impact A-1, across the smaller tributary corning in from the north east, above the large pocket of wetlands, to the cul de sac located upstream from Impact A-2. Unfortunately the existing sewer outfall at Impact A-2 is too shallow to allow this route to work. PLANNERS /LANDSCAPE DESIGNERS / ENGINEERS / SURVEYORS 3803-8 Computer Drive, Suitc 104, Ral6gh NC 27609. Phanc 919/781-0300. Fax 9191782-1288 OWAT ?9pG r Q '.C MEMORANDUM TO: Ken Schuster Raleigh Regional Office FROM: John Dorney RE: 401 Certification Review Attn: Mike Horan September 9, 2004 J inn ;1 ? 111 1 CD C::). : ?> Please review the enclosed 401 Certification applications by the dates listed for each project. Please call me if you or your staff have any questions, or need assistance in these reviews. Please complete the staff report and recommendation form on Filemaker Pro. If you prepare any 401 Certifications or Hold for More Information letters, please e-mail a copy of the letter to Cyndi.Karoly@ncmail.net . 1. Grandale Subdivision 04-1491 Durham County Central Office Received 09/03/04, clock expires 11/02/04 Need RRO comments by 10/19/04 The other enclosed material is for your general information and use as appropriate. Enclosures 1,CDEr;I N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o enr.state.nc.uVncu,ctlands) Customer Service #: 1-877-623-6748 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 Colecn H. Sullins, Deputy Director Division of Water Quality Environmental Consultants, PA Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467 p 414 91 September 3, 2004 S&EC Project #7133.W0 NCDENR-DWQ Attn: Mr. John Dorney 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 US Army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 RE: Request for NWP 12 & 39 and 401-Certification WFrW108 Grandale Subdivision 1461G Durham, Durham County, North Carolina Sep 0 0 Dear Mr. Tugwell and Mr. Dorney:/ On behalf of Centex Homes (current property owner), we hereby request authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permits 12 and 39 for proposed impacts to wetlands and stream channels that will result from the construction of a residential subdivision. We also request written concurrence from the North Carolina Division of Water Quality (DWQ) that the project complies with the associated water quality certification for NWT's 12 and 39. A Pre-construction Notification Application (PCN) is attached, which includes an agent authorization form. The +/- 135-acre property is located approximately 2000' northwest of the intersection of Scott King Road (SR 1103) and Herndon Road (SRI 100} Please see the attached USGS site vicinity map. A detailed wetland delineation was performed on the property in 2002 and was approved by the USACE in April 2004 (Action ID # 200221360). No permits have been requested or issued for this parcel. Permanent impacts consist of 139 linear feet of important, perennial channel, 573 linear feet of unimportant, intermittent channel, and 0.294 acre of wetlands due to the construction of roads and lot fill. Temporary impacts include 92 linear feet of channel (31 l.f of important channel) and 0.2617 acre of wetlands for a sewer easement. Because impacts to the perennial/important channel are less than 150 linear feet, we do not believe rn 1 7 •r-" ._.,, rr7 O =? Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 September 3, 2004 S&EC Project #: 7133.W0 Page 2 of 2 mitigation should be required by the USACE or the NC-DWQ. Wetland impacts are greater than, 0.1 acres, therefore the applicant proposes payment to the EEP or preservation of the remaining wetlands in lieu of payment to the EEP to satisfy mitigation requirements. Please note that following construction the site will contain less than 24% impervious, therefore we do not believe that a pre-approved stormwater plan is required by DWQ. Sincerely, / M Todd"Preuninger Biologist/Project Manager Attachments: Pre-construction (PCN) notification form Agent Authorization Form Site Location Map-USGS (Figure 1) Site Location Map - Soil Survey (Figure 2) Proposed Wetland Impact Maps. Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 041491 (If any particular item is not applicable to ttns project, please enter ivot Appuuaoic uL n/A .i I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 (verify availability with NCWRP prior to submittal of PCN), 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: Centex Homes (Attn: Grey Methven) Mailing Address: 2301 Sugar Bush Road Suite 400 Raleigh NC 27612 Telephone Number: (919) 781-1952 Fax Number: (919) 571-8346 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:_ Todd Preunin{ er Company Affiliation: Soil & 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: Preuninger@SandEC.com Pagel 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: Grandale Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 531-01-006 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): Grandale Directions to site (include road numbers, landmarks, etc.): The property is located approximately 2000' northwest of the intersection of Scott King Road (SR 1103) and Herndon Road (SRI 100). 5. Site coordinates, if available (UTM or Lat/Long): 035 53' 04" N. 78 55' 19" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Northeast Creek 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•//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: The site is currently wooded. The general land use surrounding the site is primarily residential Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is a single-family residential subdivision with the typical utilities (i.e., roads sewer, water, electric etc) Typical excavating and grading equipment such as bulldozers backhoes and motor graders will be used during construction activities. 11. Explain the purpose of the proposed work: Thepu!pose of the work is to provide additional housing to meet the growing-demand in the area. 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. _A detailed wetland delineation was performed on the property in 2002 and was approved by the USACE in April 2004 Action ID # 200221360 No permits have been requested or issued for this parcel. 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 permits are expected to be required for this parcel. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Permanent impacts consist of 139 linear feet of important perennial channel 573 linear feet of unimportant, intermittent channel and 0.294 acre of wetlands due to the construction of roads and lot fill. Temporary Page 3 of 8 tin acts include 92 linear feet of channel (31 IS. of important channel) and 0.2617 acre of wetlands for a utility easement. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** n:. f Ptl indicate on ma • ?• A-1 Temporary 0.222 No 0 Forested Wetland A-2 Temporary 0.04 No 0 Forested Wetland A-3 Permanent/Fill 0.294 No 0 Forested Wetland 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 ittp://www fema.cQy. **? List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 8.129 Total area of wetland impact proposed: 0.294 acres of permanent impacts (0.2617 acres of temporary impacts) 3. Individually list all intermittent and perennial stream impacts below: Width Perennial or Stream Impact Site Number Site on ma A-1 A 2 Type of Impact* Temporary Temporary Length of Impact linear feet 61 31 Stream Name** UT to Northeast Creek UT to Northeast Creek Average BeforetrImnact 2-3' 4-5' Ileasesttec t? Intermittent Perennial _ ' nial P A-3 Permanent//Culvert 139 UT to Northeast Creek 4-5 ' eren ittent t I 1 G Permanent//C lvert 139 LIT to Northeast Creek 2-3 erm n - ' ittent I 1 1 Permanent//Culvert 144 UT to Northeast Creek 2-3 nterm - ' ittent I 1 H Permanent/Fill 89 UT to Northeast Creek 2-3 nterm - ' ittent I H-2 Permanent/Fill 71 UT to Northeast Creek 2-3 ' nterm ittent 3 H Permanent//Culvert 55 UT to Northeast Creek 2-3 Interm - ' ittent H4 Permanent/Fill 73 UT to Northeast Creek 2-3 ' Interm ittent I H-5 Permanent/Fill 2 UT to Northeast Creek ,..a _ + - 2-3 .,mot limited to- culv nterm erts and associated rip-rap, List each impact separately and identify temporary tmpacrs. impacts Inciuue, ?w• ?•? __ ___ _ __ 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, ctc.), excavation, ditching/straightening, ctc. 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 do,Amstrcam 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 topozone com, www malquest.Com, ctc.). Page 4 of 8 Cumulative impacts (linear distance in feet) to all streams on site: 804 (712 permanent; 92 tem ora 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Area of Type of Waterbody Open Water Impact Name of Water body a (lake, pond, estuary, sound, Site Number Type of Impact* Impact (if applicable) res bay, ocean, etc. indicate on ma NA NA NA NA NA List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. E] wetlands Pond to be created in (check all that apply): ? uplands stream 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*imp Pcnlar, development in an effort to will cross the stream channels at right angles to minimize impacts. VIII. Mitigation by the DWQ - In accordance with 15A NCAC 2H .0500 mitigation than or equal to one ache of impacts to Division of Water Quality for projects involving greater 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic. environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at bttp:/ih2o.enr.state.nc.us/ncwetlands/stn-np-ide.ht ml. 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. Because the applicant intends to the reserve the remaining 8+ acres of wetlands on-site and because im ortant channel impacts are less than 150 linear feet we do not believe mitigation should be require d. However if miti ation is required, the applicant proposes a ent to the NC-EEP. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://12o.enr.state.ne.us/wm/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 Page 6 of 8 IX. X. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the Carolina Policy Act (NE requirements of -the National or North ca 1Pthe SEPA Note: If you are not sure whether a 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 ? Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. uired Re zone* Impact s uare feet Multiplier q Miti atio, NA 1 NA 3 NA 2 NA 1.5 A Total NA NA N 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. Page 7 of 8 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. Stormwatcr (required by DWQ) Describe imperv ious acreage (both existing odproposed) versus waters and acreage surface total wetlands Discuss stormwater controls proposed in protect sur downstream from the property. The proposed im ervious surface area for the site will be less than 24% 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 project will tie into an existing sanita sewer. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). September 3 2004 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of S Project#: Scale: 02.7133 1'=2000 Figure 1-USGS Project Herndon Tract Mgr.: TP 5130102 Centex Homes Durham, Durham County, NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com 5UU l HwtL5I IJUt'(HAIYI' tv. ".,. NWA DURHAI4 SOUTH 15' DUADRANOLE 35078-H8-TF-024 1973 PHOTOREVISED 1987 DMA 5255 IV NW-SERIES V842 Project #: Scale: 02.7133 1"=1320' Figure 2- Soil Survey Project Date: Herndon Tract Mgr.: TP 5130102 Centex Homes Durham, Durham County, NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 ?t (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com 02/16/04 11:27 FAX 9195500978 Centex Homes U002 Soil & Enviuron Mental Consultants, PA 11010 Raven Ridge Road • Raleigh. North Carolina 27614 - Phone: (919) 8465900 Fax_ (919) 846-9467 www.SandEC-com ~ AGENT AUTHORIZATION FORM All Blanks To Be Filled In B The Current Landownex .?? ,rY1 Name: Ac-??G 2 Z jo j ?' 2 uS ?? Address: ? r Phone_ Project Name/Description: f/ i Date: Z ' The Department of the Army K District , Army Corps of Engineers, Wilmington O, Box 1890 f yilmington, NC 23402 Attn: Pield Office. Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current pro owner, hereby designate andauthorize a applications, to furnish upon Consultants/ PA to act in my behalf as my agent in the processing of permit pp day suppl ental informati in support of applications, etc. from this day forward. The Y o _ t This notification supersedes any previous correspondence concen-ing the agent for this project. NOTICES This authorization, for liability and professional staff. You shouldf? S&EC government officials to enter the property whexi accompanied by S EC to arrange a site meeting prior to visiting the site. Print property Owns Name CC- Mr. John Dorney NCDENR - DWQ 2321 Crabtree Boulevard Raleigh, NC 27604 Property z s Signatur cc: Mr_ Todd Preuninger PA Soil & Environmental Consultants, Charl(21 C'fficc' PMB 291, 3020-1 Prosperity Church Road Charlone, NC 23269-7197 Phone: (704) 720-9405 ...n .. non n?nL 7rePnshnm Office: 3817-E 1,awnd4c D ivc Greensboro, NC 27455 Phone: (336)540-8234 h"ko if " 910 }3oston Road Taylorsville, NC 28691 Phone (828) 635-5520 Fax: (828) 635-5820 Triage Check List Date: Project Name: DWQ#: County: To: ? ARO Kevin Barnett ? WaRO Tom Steffens ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ?' WSRO Daryl Lamb 0 RRO Mike Horan From: Telephone : (919) The file attached is being forwarded to spur for your evaluation. Please call if you need assistance. ? i lc-, ? Stream length impacted ? Stream determination _ ? Wetland determination and distance to blue-line surface waters on USFW t6o maps [2 Minimization/avoidance issues r r ; : ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) E -, __- ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetingsT ? Cumulative impact concern Comments: S-41?4 ??'/?? l? C 0, ?e__ (f??S i-u- rlp-c-411-5 4vo, It-.4 Q, Form A June 2005 Site Inspection form- Construction Stormwater Permit NPDES NCG010000 Site Name: DWQ R0: Inspector: 1. DWQ Inspection date: (A1) 1 Location: 2. County: (A2) 3. Basin: (A3) 4. Location description: 7. Land disturbance duo to construction/ development? 8. On-site represent: Name(s) Title(s) Employer(s) 5. Stream: (A5) 6. Class: (A6) (Topographical vicinity map of site is attached for case file] (A7) "Yes " No live available durin Ins ection? A8 eS ' 'No R All T 9 Erosion and Sedimentation Control Plan (Part I. Section A: No. 2.) Is a copy of the approved plan on site and available for review? (A9) I No rJ C>-t Ito dw 10 Rain Gauge ( Part I Section B. No. 1.1 Mot Is a rain gauge present on the site at the time of inspection? (Al0) 1 - NO ''"... ,.,spo eto d 11 Rain Gauge Data ( Part I. Section B. No. 1.1 Not Is rain gauge data measured and recorded? (Al 1) No r Inspected* Data from past 14 days: Week 1 Date: 11 I /D 3l S Amount: 111,21" Week 2 Date: Amount. 12 Minimum Monitoring & Record Keeping (Part I. Section B. No. 3.) Are inspection records of erosion & sedimentation control facilities complete & availabl on request? (A12) - °° (` No Not r Inspected* 1 Dates of documented ins ctions dun the as 14 d Week 1: // // Week 2: 13. Sedimentation impacts to waters: 14. Approximate Linear ft of stream Impacts: Typical range of sediment depth: (A13a)?toC?inches (Al 4) Maximum depth of sediment: (A13b) inches 15. Photo Documentation: Were photos taken? (Al 5) No Photos (t. impacted water, 2 sedimentation depths, J. sediment control measures, and 4. un-impacted upstream waters) and sketch map or where photos were taken are attached for case rile 16. Notes: qo? ,klc?W3 k I Project personnel not avauaele ounng urrva sna o wla 50bbl\? vvw C)l fd- 11/30/2005 08:10 919-560-0740 COUNTY ENGINEERING PAGE 01 A COUNTY OF DURHAM ENGINEERING DEPARTMENT` 120 E. Parrish Street, Law Bldg, First Floo Durham, NC 27701 PHONE: 919-560-0735 FAX: 919-660-0740 FAX TRANSMITTAL SHEET Date: November 30, 2005 TO: Ken Schuster FROM: Joe Pearce PHONE: (919)791.4200 PHONE: (919)560.0739 FAX: (919)571-4718 FAX: 919-560-0740 SUBJECT: Erosion Control NOV's for NPDES Sites NUMBER OF PAGES INCLUDING COVER: 7 (if you do not receive all pages, please Cali 919-560,0735) NOTES/COMMENTS: Ken, Attached please find two NOV's for permitted S&E sites in Durham County. Both sites are over 1 acre and both sites have had 4011404 cert's issued. Eric Kulz and Amy Chapman were Involved in inspecting both of these sites. You may wish to forward these NOV's to Eric for his files. If your office Initiates any enforcement actions, we would appreciate copies of the documents for our files. As we proceed with enforcement remedies, we will forward you copies. Thank you and your staff for their assistance, Joe 11/30/2005 08:10 919-560-0740 COUNTY ENGINEERING PAGE 02 ??N AAA4 max, ? fT? COUNTY OF DURHAM ENGINEERING DEPARTMENT NOTICE OF VIOLATION November 29, 2005 JOE NUMBER: 3400-14 & 3456-14 JOB NAME: Grandale Subdivision, All Phases of Construction DEADLINES FOR COMPLIANCE: • Immediately stop all grading activity in Phases 3B, 5 - 8 until all sedimentation and erosion (S&E) control measures installed in accordance with approved S&E Control Plan. • December 2, 2005 for revised stream crossing details. • December 8, 2005 for maintenance and repair of erosion control measures in Pbascs I-4 in accordance with approved S&E Control Plan. • December 8, 2005 for revised S&E Control Plan and permit application for Phases 1-4 building lots. • December 8, 2005 for S&E control measure installation, Including new stream crossing, in Phases 3B, 5 - 8 In accordance with approved S&E Control Plan. • December 15, 2005 installation of Phases 14 building lots S&E control measures, In accordance with approved S&E Control Plan. RETURN RECEIPT REQUESTED CERTW,MD MAIL # 7000 0600 00216375 3383 Gray Methven Centex Homes 2301 Sugar Bush Road Suite 400 Raleigh, North Carolina 27612 Dear Mr. Methven: This office has information that you and your firm are responsible for violations of the Durham City/County Sedimentation and Erosion Control Ordinance. On November 28, 2005, an inspection was performed at the subject site which is located on Grandale Road in southern Durham County. This inspection was performed under the authority of the Durham City/County Sedimentation and Erosion Control Ordinance, Section 14-68. The above mentioned inspection revealed that a' land?disturbing activity comprising approximately 1,713,650 square feet is being undertaken at tbo subject site. This activity is in violation of the Durham City/County Sedimentation and Erosion Control Ordinance. Please note 120 E. Parrish Street, Law Bldg., Ist Floor, Durham, N,C. 27701 (919) 560-0735 Fax (919) 560.0740 Equal EmploymenNAffcrmativc Action Employer 11/30/2005 08:10 919-560-0740 COUNTY ENGINEERING PAGE 03 this square footage includes all phases currently permitted for land-disturbing activities but does not include the currently unpermitted building lot land-disturbing activities. For the purpose of clarity, the following violations will be categorized into two sections, each corresponding to the two independent sedimentation and erosion (S&E) control plans Approved by this office. The violations that were disclosed are as follows: ha c - 4: + Failure to maintain satisfactorily all temporary and permanent Sedimentation and Erosion Control measures and facilities during the development of a site, Section 14.62. The following eroslori control measures were found to be in need of repair/ maintenance or are not installed as shown on the approved S&E Control Plan: 1. Weep holes on catch basins were not sediment protected. 2. Denuded area leading to Basin # 5 needs re-seeding. 3. Berm wall on Basin # 8 needs repair. The berm wall is lower than the rock weir. 4. Soll on the downstream side of the stream culvert near the wingwall needs stabillzation 5. Basin # 9 is not (installed at the end of the stormwater pipe. 6. The FES into Basin # 7 could not be located. 7. Basins # I & 12 have FES's extending beyond the basin entrance. ? Failure to obtain a land-disturbing permit from this office prior to beginning a land-disturbing activity on a tract when more than 12,000 square feet is to be disturbed, Section 14-65. The streets, Infrastructure, and erosion and sedimentation control device areas were permitted under the current S&E Control Plan. The building lots currently disturbed are not part of the approved erosion control-plan and have not been permitted. In order to correct these violations and bring the subject site into compliance, the following actions must be taken: + Protect weep holes in catch basins with such structure sufficient to restrain sediment from entering Into the stormwater system. + Re-seed denuded area near Basin # 5. + Repair berm wall on Basin # 8. + Repair silt fence and re-seed denuded banks near stream culvert. + Install Basin # 9 at end of stormwater pipe as shown on approved Erosion Control Plan. + Install FES to Basin # 7 as shown on approved Erosion Control Plan. ? Remove sections of stormwater pipes in Basins # 1 & 12 to ensure the FES's are near entrances to these basins. + The total area included in all of the disturbed building lots must be quantified and a S&E control plan submittal and permit application made to this office for this area. Second submittal bases 313, S - 8: + Failure to maintain satisfactorily all temporary and permanent Sedimentation and Erosion Control measures and facilities during the development of a site, Section 14-62. The construction sequence prescribed In the approved S&E Control Plan bas not been followed. More specifically, the site was not to be graded until the erosion control 11/30/2005 08:10 919-560-0740 COUNTY ENGINEERING PAGE 04 measures have been installed as shown on the approved Erosion Control Plan. Cleating limits as shown on the Plan have been exceeded. In addition, the following erosion control measures were found to be in need of repair/ maintenance or are not installed as shown on the approved Erosion Control Plan: 1. Sediment Trap # 7 has Incorrectly installed baffles and no diversion ditches. 2. Sediment Basin # 5 Is too small and has no diversion ditches. 3. Sediment Basin # 4 has not been installed near Fenwick Parkway. 4. Sediment Basin # 3 has not been Installed adjacent to Fenwick Parkway. 5. Erosion Control Plan shows Basin # 2 as a riser basin. Additionally, the outfall is not properly protected. ? Failure to minimize the extent and duration of disturbance to a lake or natural watercourse while conducting arty land-disturbing activity in, over, or under said lake or natural watercourse, Section 14-55 (1), 14-55 (3), 14-58. 14-61. Temporary stream crossing use has not been plaun,ed and executed so as to minimize impacts to streams. Temporary stream crossing in Phase Five has been Installed Insufficiently. Temporary stream crossing in Phase Sir has not been installed at all and has a sediment trap Installed to the stream channel. In order to correct these violations and bring the subject site into compliance, the following actions must be taken: ? Install all erosion control measures as shown on the approved plan before any furtber clearing activities. ? Submit revised plan details for the two temporary stream crossings. A piped crossing design is necessary as the additional construction entrances arc not being installed, the crossings are being used continuously, and the Installed crossing is obstructing the streamflow and may overtop the crossing during significant min events. ? Repair/ install stream crossings per revised stream crossing details. ? Sediment Trap # 7 heeds to have slit Once baffles toed into slope and needs diversion ditches installed to divert water Into the trap. ? Re-size Basin # 5 and install diversion ditches to meet requirements as shown on approved Erosion Control Plan. ? Install Sediment Basins # 3, 4, and corresponding diversion ditches as shown on approved Erosion Control Plan. ? Outfall from Basin # 2 should be armored to the edge of the disturbance near the woods and all denuded areas seeded. A re-inspection will be scheduled directly after the compliance deadline. A re-inspection fee must be paid prior to the re-inspection. A Re-inspection Fee Form Is attached that contains specific information relative to your job. A non-payment of a re-inspection fee will result In the revocation of a permit. Please remit a check to Durham County for the amount shown, at 120 F. Parrish Street, Law Building, I't floor, Durham, NC 27701. This office is considering referral of this matter for appropriate enforcement action under the Durham City/County Sedimentation and Erosion Control Ordinance. These actions may include any combination or all of the following: GRANDALE WETLAND, CHANNEL IMPACT TABLE SHEET PURPOSE WETLANDS CHANNEL IMPACT NO NO. SQ. FT. LINEAR PT. A- I 12 (te4) 3 SANITARY SEWER ESM T 9668 0, -,;.;kac 61 A-2 ?z ?ttm?)4 SAN I TARP SEWER ESM T (i-ParkO-i)- 752 01014 31 A-3 39 (pem) 4 ROAD GROSS I NG (Pcrennl a1? irnporf) 2787 o, ?A,4 ?L 139 0-1 3n cpa°M) 4 ROAD CROSSI N6 (unlrNQor}cn?) 0 139 1-1 p.rm. .4 ROAD CROSSI NG (ux,imPot?L.nt'? 0 144 0 H-I 39(fft,) 6 LOT FILL 0 89 H-2 'bq(per,,) 6 STORMWATER ESM T 0 71 H-3 39(ffm) 6 ROAD CROSSING 0 55 H-4 39 (Perm) 6 LOT FILL 0 73 H-5 Ici(perm) 6 STORMWATER ESM T 0 2 TOTALS 24207 0.t5557rr, 804 Te.mporc.ri 012 b f lox- q)- Permcanen+ 0. ;L9?,r -5? 712 -?44 573 E . WETL ND & P C I A GRANDALE DATE: J H E 18 2?4 / % RIEST NC. RAWEN SSOCIATES , 7 7 PROJECT: 1g72-?}7 DDI i MPf?GT AREAS LAND USE CONSULTANTS PLANNERSIL4NDSGAPEDESIGNERSSURVEYORS! ENGINEERS F , 7v.7•tl::w. port lxnc yu:;e:tVlld?ylt \(;..Y!N.ffen. VlVi i71-UlP(1 f'ix V1V/7f'_-I:SY Imul Ynu(}Kn?$u rt SHEET # 2 SCALE: I" =106 MATCH TO SHEET # 3 I 151 , - - - - 20a I I 178 _ 189 - - - `? ' 87 / ?F?EG 1? B B .......... I I Qm .......... 203 i 52 ui v 177 / n 188 ` 190 U, ....... 17b ' - - \ 191 153 202 . ' .... I 143 ............. 175 \ I 194` SPRIN65 GT 192 41 IZO? 25 B-B 201 - - ?\ \ 154 174 I - \ ....... / 155 II 195 197 200 173 -L 1I . . . . . . . / u I ?\ f I 11 172 / ?\ II 199 156 . . . . . . / I 110 I I119 I 168 I 167 I / ?? r ! i ? 157 1 1 / I I60 I 161 I 162 I 1b3 I64 165 I Ibb 159 r Il / ? NORTH SHEET # 3 SGALE: I " = 100' ? I iul \ _ I 213 196 -----------\ _ 137 130 I II ?a ?? / II 139 i II 142 II 140 I - \ IR / 143 II 141 ? II II 148 I ? 147 146 145 ,ni ?,n rNV`ri?i ` ' , 50' ROW 93' B-B ? I 149 1 150 1 I ICI 51 183 182 F- 179 `vl -J MATCH TO SHEET 4 2 52 SHEET # 4 SCALE: I " = 100' \I 127 \ I 128 ? ? 129 G? CIO 130 =1 ]Wv Y V a18t 0. N1rt?+11161' 6 fDr9t A9 181111E-? IMPACT 4: A- 3 _ CHANEL. ETLANDS ROAD,CRO?I NG 114 1 \ 1 co" sati?? / 123 122 MPAC :1A- 2 /' _ CHANN , WETLANDS SAN I TAR,( Sf?WER3 N" v l - 134 / 135 f 114 - I - I 213 ?a I ? I I I 57 55 \ 10 I i 55 RTH \ m 120 1 6 IIS I lb 76 y ? wne \ I uQ emr 121 / oEr"w°iw ? s 1.N 111 I 63 X ?m / 75 12787 \ b4 ?r I /IMPACT 4: -1- / 73 CHANNEL ROAD CR SING Y \ bb ... ...... u r h I. 67 i i r w S O V MATCH TO SHEET 4 3 SHEET # 5 I X ` •\ \ 1 , 1 I 1 I ` I 1 \ ? 1 1 Is1}?`? \ `?? ? I fF/J BI \ \ IT \\ \ \? \ \\ I 126 9I I I 89 1 88 I 87 I 86 I 85 I I I I I ) ? FRZ Ti R w,r -_--=-?ROW2S'B-B Q5 99 I IW I 101 I 101 I 103 I 104 I / I ? I I I I ? I 95 / 97 9b I / I \ 2 I / 111 113 ? 114 \ rwv 1 / I I' ismU \ / X iT___ xc r rr roes as rd rirt { 115 \ 118 / 119 110 ,T 0 r N? 78 V \ 71 NORT. SCALE: I " = 100' EXISTING GZWI-LE RACE -I- GR I VER ?IVE - IXM ? i?4 PA0. ire r !iR 6r04A p91 id nr? 92 rn? l?l 93 \ 1 %/ /;9A ur -1 ID =tt W z V MATCH TO SHEET 4 3 _.11_/11_ mN 107 ?. / //r // SHEET # 7 SCALE: I " =100' MATCH TO SHEET # 6 24 -T --,-- --F 7 i ?i 2 I 3 I 4 \ 5 I 25 BI Rf-HWOM PARA DR Y 80Ci POA ROW 62 E3-5 o?n 62 ?? 27 i? , 26 ? I ? I r bi \ 23 CI N ? I I b0 u n 29 ?m ? I I v c7l h 32 r Z3 8_8 1, uQ V hb 3i 59 30 ? \ / 4.7 I 11 58 I 38 ? I I j /?, 33 37 I I / 1 I 34 35 I 36 I 11 41 1 57 11 1 STCtZHO 5E OT _ c 4d ROW ?5 B-B s { uw d2 u I 51 50 I 49 I 49 I 47 I 4b I 45 1 44 I I ? I I I I I I I 43 ? 1 SHEET # 6 SCALE: I " = 100' tn t- w w z 0 x NORTH wae? MATCH TO SHEET 4 7 SHEET # 8 SCALE: I' =50' H 1 " = 5' V a M ? M N N Y 7 ry A ,p A 270 270 U5E NC[ TAN A OT HEADWALL 1838.28 ( VELOCITY DI SIPATOR PAD W=20.0' j DEPTH=27' ST-6NE D,, =23' 5 Vio=17.6 F/ q4.??F X31 260 260 I C. CO LF CLA55 I D,a -13' W OEO TILE UNDER- INER m Ao d m N 1 A N A 250 i Z 250 0+00: 1 +00 2+00 STORM DRAINAGE e STA. 9+62.45 81 RCHWOOD PARK DR.