HomeMy WebLinkAbout20040861 Ver 1_COMPLETE FILE_20040525O? WA T?9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
Gy North Carolina Department of Environment and Natural Resources
[ Alan W. Klimek, P. E. Director
O Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 21, 2004
DWQ Project # 04-0861
Wake County
Page 1 of 3
Stonegate Partners, LLC
Attn: Matt Kirkpatrick
4513 Creedmoor Road, Suite 500
Raleigh, NC27612
Subject Property: Stonegate Subdivision, Forestville Road, Wake Forest, NC
UT to Tom's Creek [03-04-02, 27-24, C NSW (nutrient sensitive)]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Kirkpatrick:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.01 acres of wetlands, 37 feet of streams and 16,207 square feet (ft2)
(approximately 0.372 acres) of protected riparian buffers for the purpose of installing a sewer system at
the subject property, as described within your application dated May 25, 2004 and received by the N.C.
Division of Water Quality (DWQ) on May 25, 2004. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3374 (GC3374). The
Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of
Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 213 .0233. 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 and Non-discharge 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.
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), (hftp://h2o.enr.state.nc.us/ncwetlands)
Q-1- B• 4_077_0-04_R7AA
Stonegate Partners, LLC
Page 2 of 3
June 21, 2004
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
(Units) Plan Location or Reference
Stream 37 (feet) Impact D
404/LAMA Wetlands 0.01 (acres) D (NWP12)
Waters - (acres) -
Buffers 16,207 (square ft.) -
2. Buffer Mitigation (EEP) - You are required to mitigate for impacts to the protected riparian buffers.
The required area of mitigation to compensate for impacts to the protected riparian buffers is 3,069
square feet as required under this Authorization Certificate and 15A NCAC 2B .0242(buffer mitigation
rule). We understand that you wish to make a payment into the Riparian Buffer 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. In
accordance with 15A NCAC 2B .0242(7)(buffer mitigation rule), this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2B .0233(10)(buffer protection rule). 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 the Riparian Buffer 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 Riparian Buffer Restoration
Fund to compensate for 3.069 ft2 of required riparian buffer mitigation for impacts to 1,023 fe of
protected riparian buffers; 03-04-02 river and subbasin, 27-24 stream index number."
3. 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:
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 Manual.
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 Carolina Sediment and Erosion Control Manual. The devices
- shall-be-maintained on all construction-sites; borrow sites; and-waste pile (spoil}pr-ojects
including contractor-owned or leased borrow pits associated with the project.
4. 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.
5. 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
Stonegate Partners, LLC
Page 3 of 3
June 21, 2004
shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project.
6. 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for &,decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.
AWK/bz
Enclosures: GC 3374
Certificate of Completion
cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USAGE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 04-0861
O?O?WAT?RpG
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p -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
Coleen H. Sullins, Deputy Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION & AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, Stonegate Partners, LLC has permission as outlined below and
within the General Water Quality Certification (WQC) Number 3374 w/ additional conditions for the purpose(s) of
constructing the proposed sewer system at Stonegate S/D. All activities associated with these authorized impacts must
be conducted with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION AND
AUTHORIZATION CERTIFICATE ARE NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.: 04-0861
Date: June 21, 2004
LOCATION: Wake Forest
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (river/subbasin); 27-24 (stream index no.)
As required by 15A NCAC 2H .0506 and 2B .0233 and the conditions of WQC No. 3374 w/ additional conditions, you are
required to compensate for the above impacts through the restoration, 6reation, enhancement or preservation of wetlands,
surface waters and/or buffers 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 EEP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).]
0 acres of Class WL wetlands
0 acres of riparian wetland
0 acres of non-riparian wetland
0 feet of stream channel
3,069 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A NCAC
2B .0233. If you choose this option, please sign this form and mail it to the EEP at the address listed below. An invoice
for tha.appropriate amount of payment will be sent to you upon receipt .af. this form.. PLEASE NOTE, THE ABOVE..... _ . _ _ .
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.
Signature
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
(919) 733-5208
Date
North Carolina 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.us/ncwetlands/
401 ?S S E D May 25, 2004
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Jennifer Burdette
2321 Crabtree Blvd 6508 Falls of Neuse Rd., Ste. 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 12, 401 Certification & Buffer Compliance Request
Stonegate Subdivision WETLANDS / 401 GROUP
Wake Forest, Wake County, North Carolina
S&EC Project #: 2805.W1
Dear Mr. Dorney and Ms. Burdette: WK-1 K ti;r 1 I1 Y SECTION
On behalf of Matt Kirkpatrick (property owner) of Stonegate Partners, LLC, we hereby
request authorization from the US Army Corps of Engineers to use Nationwide Permit 12
for the subject project to cover temporary impacts to a stream channel. We also request
written concurrence from the NC Division of Water Quality (NC-DWQ) that the project
complies with the Neuse River Basin buffer rules. A Pre-construction Notification
Application (PCN) is attached, which includes an Agent Authorization Form.
The proposed project, which consists of a mixed use development, is located
approximately 3/4 mile southeast of the intersection of Ligon Mill Road (SR 2044 and
Burlington Road (SR 2045). The site is bounded to the east by Forestville Road. Toms
Creek is approximately 1,000 feet west of the site. Please refer to the USGS topographic
map attached for the location of the project. S&EC conducted a detailed wetland
delineation and Neuse River Basin (NRB) Riparian Buffer evaluation on property in
December 1998.
An unnamed tributary to Toms Creek is present on the eastern portion of the site. The
applicant proposes temporary impacts to 37 Linear feet of perennial stream channel and
0.01 acres of wetlands for installing a sanitary sewer crossing to service the residential
development. See attached Impact D. In addition, buffer Impacts in zone 1 & 2 are
necessary for sewer line easements and creek crossings (Zone 1=2821s.f. / Zone
2=13386s.f.). See attached Impacts A-C.
Nationwide permits 12, 14, and 26 were issued for use on St. Andrews (an adjacent
property), Phase II in June of 1994 (Action ID Number 199402915). These permits
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467
FILE COPY
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: (704) 720-9405
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
V- nzFl ShcLR')2S
Hickory Office:
622 Coon Mountain Lane
Taylorsville, NC 28681
Phone (828) 635-5820
P.- (RIRIr145_4R1)n
May 25, 2004
S&EC Project #: 2805.W1
Page 2 of 2
authorized impacts to 0.53 acre of wetlands (0.28 for utility lines, 0.18 for road crossings,
and 0.07 for driveways). 401 Water Quality Certification was issued for these impacts
(DEM Project # 94487).
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of forested wetland due to utility
installation or pump stations. In an attempt to minimize impacts, the applicant has
limited the width of the crossing to 37 feet and proposes to cross the channel nearly
perpendicular. Because impacts are temporary, S&EC does not believe mitigation should
be required by the USACE for this project. If mitigation is required, the client proposes
payment to the EEP (Ecosystem Enhancement Program).
DWQ's current policy allows parallel impacts to Zone 2 for non-electric utility lines with
prior approval and parallel Impacts to Zone 1 are allowable with buffer mitigation.
Because approximately 1023 SF of zone 1 will have parallel impacts, the applicant
proposes payment to EEP to satisfy mitigation requirements.
Sincerely,
Todd Preuninger
Biologist/Project Manager
Attachments:
Pre-construction (PCI) notification form
Site Location Map (Figure 1)
Soil Survey Map (Figure 2)
Stonegate Site Plan / Keysheet
Impact Maps (4)
Letter of Justification
Agent Authorization
******************************************************************************************
******************
Impact Description and Justification
The proposed sanitary sewer for the Stonegate community will be a gravity-collection
system constructed within two primary drainage basins. Since pump stations are
undesirable within a residential community, the entire collection system will be gravity.
Consequently, sewage flow from the subdivision will gravity flow to two existing manholes
located to the north and to the west of the project site. The portion of sanitary sewer
conveying sewage to the manhole on the western side of the project will not infringe on
any wetland or stream buffers. However, the portion of sanitary sewer conveying sewage to
the manhole on the northern side of the project will cross one stream and have parallel
buffer impacts.
Stream Crossing and Perpendicular Buffer Impacts
The stream crossing occurs on the eastern side of the project area along the sanitary
sewer alignment extending from the south to the manhole on the north end of the site. In
order to avoid crossing a tributary to the main stream, the sewer alignment would need to
be offset about 400 feet to the west. However, this offset would require installation of
a segment of sewer considerably deeper than the proposed current alignment.
Parallel Impacts
The remaining buffer impact areas are required in order to minimize installation of sewer
in relatively shallow bedrock and to minimize the extent of deeply buried sewer required.
As shown on the attached plan, the sanitary sewer along the northern property line where
the majority of impact occurs, is to be located along the rear property lines for the lots
along the lake. The depths of these lots are not considerable. Therefore, it is
necessary to align the sewer as far to the rear of the lots as possible in order to allow
for a reasonable building envelope. The sanitary sewer alignment for this segment flowing
to the northern manhole has been designed to minimize stream and buffer impacts.
Michael J.E. Sanchez, PE
Assistant Project Manager
THE JOHN R. McADAMS COMPANY, INC.
2905 Meridian Parkway
Durham, NC 27713
919-361-5000 RTP, NC Office
704-527-0800 Charlotte, NC Office
sanchez@johnrmcadams.com
The John R. McAdams Company, Inc. provides a unique collection of land development design
services including land planning, zoning administration and permitting, surveying, site
engineering, contract administration, landscape architecture, stormwater management, and
traffic engineering. McAdams has offices in Durham and Charlotte, North Carolina. For more
information, visit www.johnrmcadams.com. McADAMS COMPANY: Assisting our clients to have
successful projects for over 25 years.
1
Office Use Only: 8 6 1 Form Version May 2002
USACE Action ID No. DWQ No. 4J
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 12
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: Matt Kirkpatrick
Mailing Address: Stonegate Parners, LLC
4513 Creedmoor Road Suite 500
Raleigh, NC 27612
Telephone Number: 919-787-5577 Fax Number: 919-787-5070
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: Preuninger(a)SandEC.com
Page I 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: Stonegate
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1748478250
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Stonegate
Directions to site (include road numbers, landmarks, etc.): The proposed project, which
consists of a mixed use development, is located approximately'/ mile southeast of the
intersection of Ligon Mill Road (SR 2044 and Burlington Road (SR 2045). The site is
bounded to the east by Forestville Road. Toms Creek is approximately 1,000 feet west of
the site. Please refer to the USGS topographic map attached for the location of the project.
5. Site coordinates, if available (UTM or Lat/Long):035°54'39.12"N/078°30'30.33"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): 62 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Toms Creek
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/m4ps/.)
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 surrounded by residential development and
forested properties.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is a mixed-use subdivision with the typical utilities (i.e., sewer, water,
electric etc One perennial stream and the associated riparian buffers will be temporarily
impacted by installation of sanitary sewer line Typical excavating and grading equipment
will be used during construction activities.
11. Explain the purpose of the proposed work: The purpose of these impacts is to provide
sanitary sewer for the proposed residential development.
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.
Nationwide permits were issued for use on St. Andrews (an adjacent subdivision), Phase II in
June of 1994 and July of 2001).
The USACE has determined that the Stonegate subdivision is a separate project from the St.
Andrews subdivision based on independent utility and the fact that the two properties are not
connected to one another.
NW permits 12 & 39 were issued for Stone ag to Spine Road in October & November of 2003
(AID #'s 200321368/21369 200320975/200420091 200321382/83). 401 Water Quality
Certification was issued in October 2003 (DWQ Project # 031028).
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.
Site plans have not been finalized
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
Page 3 of 8
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: The applicant proposes temporary
impacts to 37 Linear feet of perennial stream channel and 0.01 acres of wetlands for
installing a sanitary sewer crossing to service the residential development. See attached
Impact D In addition buffer Impacts in zone 1 & 2 are necessary for sewer line easements
and creek crossings. See attached Impacts A-D.
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***
indicate on ma) (acres) (es/no) (linear feet)
D (NWP 12) Temporary/
Excavation 0.01 no 0 headwater
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) 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: ± 3 acres
Total area of wetland impact proposed: 0.01
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact (please secif )
Impact D Temporary /
Excavation 37 UT to Toms Creek 3 feet Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.manquest.com, etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: 37 linear feet 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
* 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.
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: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
S&EC conducted a detailed wetland delineation and Neuse River Basin (NRB) Riparian
Buffer evaluation on property in December 1998 order to determine the extent and location of
wetlands streams and buffers The applicant plans to cross the channel at an approximately
perpendicular angle in order to minimize impact to the stream and riparian buffer. The
USACE's current policy requires applicants to avoid and minimize wetland and stream
impacts to the maximum extent practicable and may require compensatory mitigation to offset
unavoidable losses forested wetlands due to utility line installation. See also the attached letter
of justification -
Page 5 of 8
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
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 EEP (formerly 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/stn-ngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The jurisdictional areas have been avoided to the maximum extent practicable. Impacts
to the creek on-site will be minimized by crossings at perpendicular ankles. Because the
impacts are temporary, we do not believe mitigation should be required for stream or wetland
impacts However, we realize buffer mitigation will be required by the NC-DWQ for parallel
impacts to the buffers
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/wM/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Page 6 of 8
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): 1023 SF
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX.
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
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 ?
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.
Sewer Line Crossing
Zone* Impact Multiplier Required
(square feet) Mitigation
1 2821 3 NA
Page 7 of 8
1 2 1 13386 1 1.5 1 NA I
Total 116,207 (0.37 acres) I I NA
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Current NC-DWQ policy allows parallel impacts to Zone 2 for non-electric utility lines. Parallel
Impacts to Zone 1 are allowable with buffer mitigation. Parallel impacts to Zone 1 (1023 SF)
will require mitigation. We propose payment to EEP for buffer impacts.
XI. 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.
NA
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.
Sanitary sewer will serve the site property.
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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AC
MAY-21-2004 17:38 FROM:SBK DEVELOPMENT 9197875070 TO:8469467 P.2
Ve/Gl/aVV1k iv-a, rns LW uuc
www.5awwc,com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
oil & Environmental Consultants, PA,
10 Roca Rldga Road - Raleigh. North Carolina 27614 - Phone: (919) 646-5900 - Fax: (919) 846.9467
Name:
Address: 3&A2 Caa?.,,,x?- ?,?? _ S?'J
.Phone: _44- 7R 7-SSr 77
Project Name/Description: ?71?YIP?Q7'.
Date: J5- .2 / Lo VV
The Deparunent of the Army
U.S. Army Corps of Engineers, Wilmixigton District
P.Q. Box 1890
Wiltnington, NC 28402
Attu
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the Current ro rtX owner, hereby designate and aulborize Sod & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc, from this &)r forward. The day of
This nod&ation supersedes any previous correspondence concerning the agent for this project.
NOTICE`* This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&BC staff. You should call S&BC
to arrange a site meeting prior to visiting the site,
Print Property er's Name
cc: MT_ Jolm Dorney
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
Froper? er'9 gnatvre
cc: Mr. Todd Preuninger
Soil & Environmental Consultants, FA
marionn offiCn:
236 LePhiUip CouM Suite C Greembero Office:
3817-P, 1,awndale Drive Hickaly Otgitse:
622 Coon Mountain LAoc
Concord, NC 28025 Oreensbore. NC 27455 TaylorsvlHe. NC 28681
Phone: (704) 720-9405 Phone: (336) 540-5234 Phone (828)635.5820
Fax: (704) 721)-9406 Fax: (3..") 540-8235 Fax: (928)1535-58M
WIL do r-MVIMUMMM IAL UUMULIAN I,, FA
NC Division of Water Quality
Tran # Invoice Type Date Reference
3167 052504 Invoice 05/25/04 Permit App
rn p
c7
C• U?. J
C!? 73
Z
016720
Check Number: 16720
Date: 05/25/04 Check Amt: $200.00
Balance Discount Pay Amount
$200.00 $0.00 $200.00