19980130 Ver 1_COMPLETE FILE_19980211

5"hate of North Carolina
Department. f Environment
and Natural esources
Division of Wa r Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 16, 1998
FEB ZA
RECE, N.C. ATTO.M i- MEMO Environ!*tal Di?jisior3
? ?.
TO Jill Hickey FEB A 19 1;
Attorney General's Office 00i R? ?'Y QE S
r?
FROM: John Do F
rn/ nO1y try
RE: Request for vested decision - Neuse River buffer rules
Jones Dairy Road Subdivision Project
DWQ # 980130
Wake County
Attached for your review is a request for a decision regarding rights for Phase 5,
Jones Dairy Road Subdivision at Jones Dairy Farm Road in Wake County. We have
examined our records and find no record of a 401 Certification issued for this project.
Also based on a review of the attached materials, we note that this project is in a water
supply watershed. If the stream in question is perennial, then DWQ rules (15A NCAC
2B .0215(3)(b)(G)) require a 30-foot vegetated buffer.
Please review the material by March 2, 1998.
. Thank you for your assistance in this matter. Please call me at 733-1786 if you
have any questions.
cc: Dennis Ramsey
Greg Thorpe
Raleigh DWQ Regional Office
John Dorney
Consultant/Owner
980130.nbrvest.mem
r
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
L7tCtLV VI IYVILI I WCU VIII ICA
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
/0•
1
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 16, 1998
MEMO
TO: Jill Hickey
Attorney General's Office
FROM: John Dom6?'--d( J
RE: Request for vested decision - Neuse River buffer rules
Jones Dairy Road Subdivision Project
DWQ # 980130
Wake County
Attached for your review is a request for a decision regarding rights for Phase 5,
Jones Dairy Road Subdivision at Jones Dairy Farm Road in Wake County. We have
examined our records and find no record of a 401 Certification issued for this project.
Also based on a review of the attached materials, we note that this project is in a water
supply watershed. If the stream in question is perennial, then DWQ rules (15A NCAC
2B .0215(3)(b)(G)) require a 30-foot vegetated buffer.
Please review the material by March 2, 1998.
Thank you for your assistance in this matter. Please call me at 733-1786 if you
have any questions. - -
cc: Dennis Ramsey
Greg Thorpe
Raleigh DWQ Regional Office
John Dorney
Consultant/Owner
980130.nbrvest.mem
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Sail & Environmental' Consultants, Inc.
_ _ X67
244 West Millbrook Road ¦ Raleigh, North Carolina. 27609 ¦ (9 _ _ _ . 6!f _ _ -_ __ =97M6'
980130
Transmittal
To: N.C. DEHNR, Division of Water Quality
Attn: Greg Thorpe
PO Box 29535
Raleigh, NC 27606-0535
919-715-5637(fax)
From: Bob Zarzecki
For your comments/approval
Per our conversation
X Please advise
_ Would like to discuss
US regular mail
_X_ UPS overnight
Federal Express
Other
Description -
?6[? UUT L
0?
FEB 11998 a.? !

Date: 2/4/98
Subject: Jones Dairy Farm
For your information
Per your request
Please call
Please handle
Hand delivery
US certified
No hard copy sent
Attached is a formal request for exemption (i.e., "grandfathering") for the project known as Jones
Dairy Farm Subdivision located on Jones Dairy Farm Rd.,Wake Forest, NC from the Neuse River
Nutrient Sensitive Waters Riparian Buffers. Please review the request and respond in writing as
soon as possible.
Please call if you have any comments, questions or need further information.
Sincerely,
eoZajrzeclki,
Biologist
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluation for On-Site Septic Systems Environmental Assessments
L, , . .
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
98 0130 February 4, 1998
Project # 97-3352
N.C. DEHNR, Division of Water Quality
Attn: Greg Thorpe ?....•?-{?'!M,
PO Box 29535 U v A
Raleigh, NC 27606-0535. ?! N
919-733-5083 ext. 557
919-715-5637 (fax) F?8
Re: Request of "grand-fathering" from the Neuse River Nutrient ?-
Jones Dairy Farm (± 250 acres),
Raleigh, Wake County, NC
Dear Mr. Thorpe:
REQUEST FOR EXEMPTION
I am writing to you as the acting agent for the owners/developers (JVC, Inc. and Diehl & Phillips,
P.A.) of the site known as the Jones Dairy Farm Subdivision located on SR 2053 (Jones Dairy
Farm Rd.) in Wake Forest, North Carolina. The People I am representing would like to officially
request an exemption from the Neuse River Nutrient Sensitive Waters Management Strategy:
Riparian Buffers.
Site Characteristics:
The site is approximately 250 acres M -size' and is located on the east side of Jones Dairy Farm Rd.
approximately 2.5 miles southeast of the Town of Wake Forest (see attached'site vicinity:map).
The site contains three unnamed (intermittent & perennial) tributaries to Austin Creek (as shown
on the Rolesville, NC USGS topo quad). The majority-of the upland areas consist of fallow cow
pasture land. The riparian areas surrounding the tributaries contain mostly small shrubs, some
small trees and blackberry thickets.
Project History:
The master plan (showing 4 Phases and the location of Phase 5) of the subdivision was prepared in
1989 (see attached master plan).
The Project Site Plan for Phase 4A, showing Winter Spring Drive extending into the Phase 5
location, was completed on 1/10/90 (see attached Phase 4A Project Site Plan).
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design

The necessary 404 Certification was received on 8/31/94 for Phase 1 through 4 (see attached
General Permit Verification; Action I.D. 199404444).
The majority of construction on Phase 1 through 4 has been completed.
The Preliminary Plan for Phase 5 was approved on 6/4/97 (see attached Wake Co. Planning
Board's Decision).
Proposed Impacts:
The proposed impacts will consist of a channel crossing by Winter Spring Drive and lot fill within
the 50-foot buffer. The channel proposed to be impacted is an unnamed intermittent stream to
Austin Creek (as indicated on the Rolesville, NC USGS topo quad.)
Please review the above information and contact us as soon as possible as to your decision to
whether this project would be exempted (i.e., "grandfathered") fr om the Neuse River Basin
Nutrient Sensitive Waters Riparian Buffers. Please call myself at 846-5900 with your decision or
if you require further information. Please, also, fax or mail a written response.
Soil & Environmental Consultants, Inc.
Attn: Bob Zarzecki
244 West Millbrook Road
Raleigh, NC 27609
919-846-9467 (fax)
I look forward to your response.
Sincerely,
b Zarzecki,
Biologist
•
Soil & Environmental Consultants, Ins
244 West Milibrook Road K Raleigh, North Carolina 276091[ (919) 846-59001 Fax [phone]
- AGENT AUTHORIZATION FORM -
ALL BLANKS TO B
Name:
Address:
Address:
Phone:
Project Name/Description:
Date:
The Department of the Army
U.S. Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402
E FILLED IN BY CURRENT LANDOWNER
JVC Homes, Inc.
PO Box 1108
jdake Forest, NC 27587
019-55(;-5066
Jones Dairy Faun Sudvivision, Ph 5A and 5B
Attn: Egic Alsmeyeropo Tvcwet-t-
Field Office: Ra 1 e i cfh
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current ro eri owner, hereby designate and authorize Soil and Environmental
Consultants, Inc. to act in my behalf as my agent in the processing of permit applications, to
furnish upon request supplemental inform tion in sup of applications, etc. from this day
forward. This the _ day of _ 1$4 e P.-
This notification supersedes any previous correspondence concerning the agent for this proje
Z-tlC-
Robert H. Jones 4C3 -de'.)
A
Print owners Name: Pro ert Owner Ignature:
cc: Mr. John Domey
NCDEK&NR - OEM
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607 .
cc: Mr. Chris Huysman
Soil and Environmental Consultants, Inc.
Soil/Site Evaluation t Mapping and Physical Analysis R Wetlands Mapping and Mitigation K Environment
On-Sire, Waste Treatment Systems, Evaluation and Design
ROLESVILLE QUADRANGLE
NORTH CAROLINA
X7.5 MINUTE SERIES TOPOGRAPHIC
I v ?ta. 1 v - ( Trailer
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Approximate Site J --
'J? Location & Boundaries
436
c:, %)? (1r1 / 111/ 1f?\ ?? v.3??11 u,\_.. i \` ..? I \? t c\ I\ l
' //??. - ' ? 1?-;?,- ?- ;, •??° ??t?,l - ? . ?? vim- - -? ? , c ,_ ?_ _?J ? ?? >0 14
f u o l: r ?. `?\S O 5 M?6-? 350 `? \.? tt?
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IF "T 42
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:!Flo 0
If 1 60
n/ 20537
Jones Dairy Farm Subdivision (+250 acres) 400,
Wake Forest, NC
JCV, Inc. - owner ,
Diehl & Phillips, P.A. - developer
Soil & Environmental Consultants Inc. - en it nm n v r`• ??` ( / ??'? `
v o ental consultants
SCALE 1:24 000
1
* 1 2 0 1 MILE
MN
GN 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
1 .5 0 1 KILOMETRE I
1
s9 MILS 1.30
27 MIL CONTOUR INTERVAL 10 FEET
S
NATIONAL GEODETIC VERTICAL DATUM OF 1929
UTM GRID AND 1973 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS
No Map major r culturo culture or 1980 d e FOR SALE BY U. S. GEOLOGICAL SURVEY
o drainage changes observed DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092
A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST
/ 11 . 11 . PC) Box I 1Q8 Wake Fotesl
SEP. 2 '94 e: 49AM JVC- INC
556 44%2
919-556-4472
P.2
F-1? x
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action III. County
GENERAL PERR11T (REGIONAL AND NATIONNVIDE) N'ERIFICATION
Property Owner/Agent ___C?? i?? J ?1Q ` \Y? ('
Address px-) ?0y ?0?
W (,jk ? s - ti C- ?L
Telephone No. C)
Size and Location of project (waterbody, road name/number, town, etc.)
v,o r- ?v 1to t12 WJ
'? e eS V t + o • v. ?
Description of Activity
Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
Regional General Permit or N, -a ionwjde Permit Number.
2

O
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the
permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned
permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee
may need to contact appropriate State and local agencies before beginning work.
By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this
permit.
Property Owner/Authorized Agent
Regulatory Project Manager Signat
Date
N.G. 27 S88
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST $E ATTACHED TO
THE YELLOW (FILE) COPY OFTHTq Fount Ti; P PO TTtnt:r, n'o At,ATT A -T -

h
COUNTY OF WAKE
RALEIGH, NORTH CAROLINA
Subdivider: !;!?dL ?M S -f ? l .
Address:
Designer: UQ?u
Address: ,?I l
C-• Nor S?. zo?
Circe iUG . Z ? i c
Planning Board's Decision on-Preliminary Plan
On &"Le- 9 the Board acted as follows on the Preliminary Plan entitled
Approved .?? -+
? Approved subject to conditions (see tine
Tabled for further review
Disapproved
1. Flo Stud" Requirements
A Flood Study appears to be required in aces. The flood study(s)
must be approved before submission of the construction plat. Information can be obtained
from Mike Coughlin at 856-6193.
2. Plans or Documents To Be Included in Construction Plat
The construction plat is required to be approved by the Subdivision Administrator
by '4 3?,-e- , 19 '99 for the Preliminary Plan to remain valid. All elements checked
below are required to be addressed before construction may begin.
Soil and Erosion Control Plan Approval.
Road Plansf) Public and/or ( ) Private with proposed road names.
New Road Driveway Access Permit from NC Division of highways (733-3213).
Draft Copy of a Private-Road Maintenance Agreement.
? Community Water System Plan. The County's standard for pipe sizes,
exceed those of the State, see Section 3-4-7(B)(2).
Community Sewer System Plan.
Draft Copy of COSD Covenants.
-? Grave Sites or Burial Grounds, if any, must remain undisturbed.
Optional: Prior to construction, the subdivider may wish to contact the Wildlife Division
of the Wildlife Resources Commission at 733-7291 concerning the possible relocation of
existing wildlife populations.
P n t o a sso
5 o JPCG OX , Ratcigh, North Carolina 21602

The record plat is required to be approved within two (2) years of the date(s) of
construction plat approvals for the preliminary plan and construction plat to remain valid
and include the following:
? Certificate of Approval from NC Division of Highways for public roads.
Copy of Road-Maintenance Agreement, or COSD Covenants, previously
approved by the Subdivision Administrator and recorded in the Wake
County Register of Deeds.
Road-Name Approval Certificate from Wake County GIS (856-6210).
`? Approval Letter for Water Plans and Specifications from the N.C.
Department of Environmental, Health & Natural Resources (733-2460).
Permit to Construct and Operate a Sewage Collection System from the
State Division of Environmental Management (733-5083).
Statement on Record Plat as to the adequacy of land area and soils from the
Wake County Health Department (250-4400) for:
SPntic Tank Individual Wells
Disclosure of Construction and Maintenance Responsibilities.
'Certification by the registered engineer that the system has been installed in accordance
with the approved plans must be submitted to the Subdivision Administrator prior to
occupancy of a lot within the recorded subdivision.
Effective Periods of Approval: Any plat of the subdivision, or its phases, not
approved within the time periods stated above shall be null and void. The subdivider shall
be required to resubmit a new preliminary plat subject to all new zoning restrictions and
subdivision regulations.
You may appeal a decision of the Subdivision Administrator or the Planning Board
which relates to the interpretation or application of the Subdivision Ordinance. Appeals
must be filed within thirty (30) days of the decision complained of and meet specifications
of Section 3A-9 of the Subdivision Regulations.
If you believe any of the above requirements are not applicable to your subdivision,
please contact me immediately. Omission of a requirement from this letter does not relieve
you from responsibility for compliance
If you have any questions please call me at 856-6228. Good Luck on your project.
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