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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 ? r 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 f ? v ?,?(FF - ?Y J O 0 \1 L? 1 11 `? 'G ° °79 ZOA 2 a o U O °78 a o n \ tih '77 T -- - 1 - - 300 0 O `e 0 50 r rs ? p ' 1 0 a = _ '76 1 / J\ of `\ u ? ti8 ? 0 2 ?_ ? o ?'- ? =75 WAKE FOREST, NC 1993 "74-° / NIMA 5255 1 NE-SERIES 11842 Q 22 Ww WAKE COUNTY NORM CAR S'c? 9 N1?J`dd 9-LVDINO1.S ?ly??NOlS - L- 0 3 0 $ o o :1N]1'13 :9VWN iOgFO21d O z ? . J " o L9I/YM UI/)'e+d 0065-M416): •APPY ?Id tlkt ""a RwN Oad 11%Y 01011 va •nimp,Q* rea=aaosTd?ttg v vos a U-i = a 3 w w o o :SNOIGIA?? ??11112gNS U) A? Le iolvcMl V*9"?1S ?G Wee I Z 9NOZ (gg djn9 009 00C 0 002 AS I ZgZ 19NOZ ?Jg-4 (ng S??IOd 10'0 : SaNVIIIM ,00C L :SioddWl -Id101 37VOS 01HdV'JO , i ? . II , I i ?.. '• ,...J 'i 1, ?? I ' 1 r I - - I -v 1 r_ II , r / • ? I y ' I ; W...._ II _ ? ?y I I - I C y ? I1. • i „ I r ?J ) .. \ ,onduq AWI 1 wvj --- t.sdull Jtyn? i dwZ -VI n test Ind" n ¦ mm" N ¦ Vc? WI l r e I ll N l ?/ \ o v ? - -- Off/4 --- 'DNI J.NVJAOD GVTVC] VW '?J NNOF IP-L ? :J?9 aIal/\O(J NVIJ 9115 (3?SOJO'JJ. - 6mo'b06Zbo - 0316,+.) deW 7?edu,l wew16'?911^0\6dtlW 1JVd WI\IM:SOOZ\)£' I.qM\ -G !'IN o i - - -? -_ CO N `D N ' R) 0 CC) R) :3 i CD CD 0 ., ci ---h -mot, CD 1 ?1 L j^ p i rn ? I? 1 7U a I'; 1 CC) 1 ? CN, j? fU N I-U N Cr) CD ? CD i ; CC) IMF ® Zone 1 Buffer Impact 73.83 SF "Xi Zone 2 Buffer Impact 1894,40 SF r I ' l ONE I ZON 2 i GRAP C SCALE \ 1 „ 30' r-' 0 \ 0 30 60 i ` a64 i n ?ZON E 2 , } E GRAPHIC SCALE 1" = 30' 5 0 30 60 i / I 1 . j ?f .. /r - - - / ZONE I. i ?""ZONE"\, I Wetland Impact / 695 SF ® Zone 1 Buffer Impact 1797.65 SF Zone 2 Buffer Impact \ 908.67 SF /37 LINEAR FEET i STREAM IMPACT 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