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HomeMy WebLinkAbout20041399 Ver 1_COMPLETE FILE_20040823O?O?WAT?RpG r O ` '< Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 15, 2004 Scott Pittman 2012 South Main Street Wake Forest, NC 27587 Subject Property: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-1399 Wake County Page 1 of 3 Avondale Subdivision, Franklin Street, Wake Forest, NC "Dunn Creek", UT to Smith Creek [03-04-02, 27-23-(2), C NSW] 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. Pittman: 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, 85 feet of streams and 8,100 square feet (ft ) of protected riparian buffers for the purpose of constructing the proposed road at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on August 23, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE). 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 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. 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 Plan Location or Reference (Units) 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httD://h2o.enr.state.nc.us/ncwetlands or hCaro N ina Aturallly An Cn-I A.d7.... c.....i,...... Griot n......A-A i l not n..M l?.......?...... n....... Scott Pittman Page 2 of 3 October 15, 2004 Stream 85 (feet) 404/CAMA Wetlands 0.01 (acres) Buffers 8,100 (square ft.) 2. 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) projects, including contractor-owned or leased borrow pits associated with the project. 3. 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. 4. No Sediment & Erosion Control Measures w/n Wetlands\ or Waters - Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Diffuse Flow - All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re- concentrate before discharging into a stream as identified within 15A NCAC 213 .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 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. Scott Pittman Page 3 of 3 October 15, 2004 Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a 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, iAlan W. Klimek, P.E. AWK/bz Enclosures: GC 3404 Certificate of Completion cc: Jay Keller, Skelly & Loy, 6404 Falls of Neuse Rd., Raleigh, NC 27615 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Filename: 04-1399 Skelly and Loy, LLP 6404 Falls of the Neuse Road Suite 103 Raleigh, NC 27615 E-mail: wlyke@skellyloy.com Internet: www.skellyloy.com (?Qkt SKELLYANO LOY ENGINEERING - ENVIRONMENTAL CONSULTANTS Phone: 919-878-3535 Fax: 919-878-3550 August 20, 2004 Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center. ?' Raleigh, North Carolina 27699-1650 WETLANDS 1401 GROUP Re: Preconstruction Notification Application Avondale Subdivision 5&L Proect#.' 2604070 ??Uf; ?? :'t 70(14 Wake Forest, Wake County, North Carolina 'TER (QUALITY SECTION Dear 401 /Wetlands Unit: Skelly and Loy is submitting a Preconstruction Notification (PCN) Application for the above- referenced project with request for a 401 Water Quality Certification from the North Carolina Division of Water Quality (NCDWQ). Seven copies of this submittal are attached. This application is being submitted on behalf of Chastain Park of Wake Forest, LLC. The current project will include the extension of Elm Street to South Allen Road, sidewalks, water lines, sewer lines, and storm drain facilities for Phases I and II of the Avondale Subdivision. In addition to the public improvements, 2.48 acres of Greenway and Open Space was dedicated to the Town of Wake Forest. The permit is being requested for one stream impact to an unnamed tributary to Dunn Creek. We are proposing to impact the perennial stream with a single linear road crossing in the central part of the property. Two 48-inch Reinforced Concrete Pipes (RCP's) will convey surface water flow, These pipes will be buried approximately 1 foot to allow for aquatic movement and satisfy current USAGE and DWQ protocols. This bridge will complete the Elm Street Extension project to South Allen Road. The extension is an integral part of the thoroughfare plan for the recently opened NC-98 bypass project. The enclosed PCN Application and attached additional documentation listed below should provide the necessary information required to secure DWQ 401 Water Quality Certification for the impacts described above and on the attached PCN Application, 1. Area Topographic Map. 2. Site Map, 3. Bridge Crossing Detail (Plan View), 4. Bridge Crossing Detail (Profile View). 5. Dedicated Land Map 6. Signed Agent Authorization Form, Office Locations: Harrisburg, PA Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD Affiliated Company: AMS of Skelly and Loy, Harrisburg, PA DWQ 401 Certification Request Avondale Subdivision Phases I & II August 20, 2004 Page 2 of 2 7. $200.00 Check covering the required Review Fee, If you should have questions or require additional clarification during the review please feel free to contact me at (919) 878-3535. Sincerely, Skelly and Loy Jay Keller Wetland Ecologist cc: USACE Raleigh Regulatory Field Office Scott Pittman Crowley & Associates Skelly and Loy, LLP 6404 Falls of the Neuse Road Suite 103 Raleigh, NC 27615 E-mail: wlyke@skellyloy.com Internet: www.skellyloy.com JQ& SKELLYaNO LOY ENGINEERING - ENVIRONMENTAL CONSULTANTS I Phone: 919-878-3535 Fax: 919-878-3550 August 20, 2004 US Army Corps of Engineers Wilmington District Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Re; Preconstruction Notification Application Avondale Subdivision (S&L Project #: 2604010) Wake Forest, Wake County, North Carolina Dear USACE; WETLANDS/ 401 GROUP A1.1(; 2 3 2004 WA ER (QUALITY SECTION Skelly and Loy is submitting a Preconstruction Notification (PCN) Application for the above- referenced project with request for US Army Corps of Engineers (USACE) written approval of Nationwide (NW) Permit Number 14 under Section 404, Clean Water Act, 33 USC 1344. This application is being submitted on behalf of Chastain Park of Wake Forest, LLC. The current project will include the extension of Elm Street to South Allen Road, sidewalks, water lines, sewer lines, and storm drain facilities for Phases I and II of the Avondale Subdivision. In addition to the public improvements, 2,48 acres of Greenway and Open Space was dedicated to the Town of Wake Forest. Nationwide Permit 14 is being requested for one stream impact to an unnamed tributary to Dunn Creek, We are proposing to impact the perennial stream with a single linear road crossing in the central part of the property. Two 48-inch Reinforced Concrete Pipes (RCP's) will convey surface water flow. These pipes will be buried approximately 1 foot to allow for aquatic movement and to satisfy current USACE and DWQ protocols, This bridge will complete the Elm Street Extension project to South Allen Road. The extension is an integral part of the thoroughfare plan for the recently opened NC-98 bypass project. The enclosed PCN Application and attached additional documentation listed below should provide the necessary information required to secure NW Permit 14 under Section 404 for the impacts described above and on the attached PCN Application. 1. Area Topographic Map, 2. Site Map, 3. Bridge Crossing Detail (Plan View), 4, Bridge Crossing Detail (Profile View). 5. Dedicated Land Map. Office Locations: Harrisburg, PA Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD Affiliated Company: AMS of Skelly and Loy, Harrisburg, PA USACE 404 Certification Request Avondale Subdivision Phases I & II August 20, 2004 Page 2 of 2 6. Signed Agent Authorization Form. If you should have questions or require additional clarification during the review please feel free to contact me at (919) 878-3535. Sincerely, Skelly and Loy Jay Keller Wetland Ecologist cc: NCDWQ 401 Wetlands Unit Scott Pittman Crowley & Associates Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 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: 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina 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: El 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: F] I1. Applicant Information 1. Owner/Applicant Information Name: Scott Pittman Mailing Address: 2012 South Main Street; Wake Forest, NC 27587 Telephone Number: (919)562-7400 Fax Number: (919)562-7505 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: Jav Keller Company Affiliation: Skelly and Loy Mailing Address: 6404 Falls of Neuse Rd. Raleigh, NC 27615 Telephone Number: (919) 878-3535 Fax Number: (919) 878-3550 E-mail Address: jkeller(uskellyloy.com Page 5 of 12 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 l 1 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: Avondale Subdivision (Figures 2 & 3) 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN) 4. Location County: Wake Nearest Town: Wake Forest Subdivision name (include phase/lot number): Avondale Directions to site (include road numbers, landmarks, etc.): 1 block south of East Wait Avenue (NC-98) on the east side of the intersection of Elm Street and Franklin Street in downtown Wake Forest, NC. Site coordinates, if available (UTM or Lat/Long): N 36° 9.3'; W 80° 9.1' (Note - If project is linear, such as a road or utility line, attach a shei coordinates for each crossing of a distinct waterbody.) 6. Property size (acres) 16.7 acres UT i 1840696849 7. Nearest body of water (stream/river/sound/ocean/lake): Dunn Creek. 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated River Basin map is available at http://h2o.enr.state.nc.us/admin/map 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Mostly forested with two perennial streams and 5% to 12% slopes. Project vicinity consists of residential, commercial, and undeveloped land area. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: To install two 48-inch culverts, head wall, and rip-rap apron as part of the bridge implementation. This bridge will complete the Elm Street Extension project to South Allen Road. The extension is an integral part of the thoroughfare plan for the recently opened NC-98 bypass project. The stream channel is approximately 6 ft. in width. The culvert will be placed in accordance to best management practices (BMP's) to allow aquatic passage. See Attachment 3 for details. Equipment to be used includes a Trackhoe and bulldozer. (Figures 3 & 4) 11. Explain the purpose of the proposed work: The construction of the bridge will be necessary to complete the Elm Street Extension to South Allen Road. 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 pen-nits issued for prior segments of the same T.I.P. project, along with construction schedules. n/a V. Future Project Plans Are any future pen-nit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No. Elimination of all other aquatic disturbances was attained through careful planning on this V1. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation snap, 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. Page 7 of 12 1. Provide a written description of the proposed impacts: A bridge is proposed to be installed on this tributary to Dunn Creek. Impacts to the stream include filling. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * 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.g". *** 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 (detennination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.30 acres Total area of wetland impact proposed: 512 square feet (0.01 acre) 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent'? (please specify) 1 filling 85 ft. Trib. To Dunn Creek 6 ft. 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.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 85 ft. 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Page 8 of 12 Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbod (if applicable) y Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands F-] stream Describe the method of construction (e.g., dam/embankment, excavation, draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. The proposed path of the road was selected to avoid as many wetlands and streams as possible while still maintaining access to the eastern property area. Careful consideration was given to minimize impacts to the stream and other waterbodies. The proposed stream crossing will be located over a sewer line that has existed for several years. By using this already impacted maintained utility line area, we are minimizing disturbance to the surrounding woodlands. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC ivision 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. ? wetlands installation of Page 9 of 12 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 detennining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stmigide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The dedication of 2.48 acres of land to the Town of Wake Forest from this subdivision along Dunn Creek and its tributary is proposed for preservation mitigation for the 85 If of stream impact. (Figure 5) 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Pagc 10 of 12 VIII. 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 F-] No IX. 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 (Neuse), 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 4860 3 2 3240 1.5 Total 8100 Zone I extenUs out SU tect perpenoicular trom near bank of channel; Gone Z extentls 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 Page 1 1 of 12 Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. X. 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. Current conditions have no impervious surfaces. Phase I will consist of 9,917 square feet and Phase II will consist of 150,117 square feet of impervious area. Since the project is 16.7 acres (727,452 SF), this will result in 22% impervious surface area. The installation of level spreaders, wet detention basins with baffles, and other BMP's will protect downstream wetlands, streams, and riparian areas. X1. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. To the Smith Creek Town of Wake Forest processing plant. Xll. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes F? No Is this an after-the-fact pen-nit application? Yes F] No F;J XII1. 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). 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FAX NO. : 9195627505 Mry 07 (114 DI APP M larch 29, 2004 May. 10 2004 10:37AM PI P.1 TO): Skelly and Loy, LLP 6404 Falls of Nsuse Rd. Raleigh, North Carolina 27615 F1 ROM: Mr. Scott Pittman 2012 South Main Street Wake Forest, North Carolina 27587 1, Scott pittmaa as a representative concerning the property 1031. ed bctlKm?& Allen Rd. and S. Franklin St_at_t?lc intersection of _F_Im Ave in Wake Forest, h,r,JL___, do hereby authorize and give penrission for Skelly and Loy to represent or act as agent on our behalf and allow the COE or any ocher regulatory agency to go on the property with an ,4 kelly and Loy representative for Fuch purposes as necessary to perfonr the job tasks. C:q M It. Scott Pittman Date 20!- 12 South Main Street W dike Forest, North Carolina ^lr^:587 I i I I I