HomeMy WebLinkAbout20041576 Ver 1_Complete File_20040923O?O? W AT 4819
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 6, 2004
Old Stage Partners
Attn: Avery Bourdeaux
5909 Falls of the Neuse Road, Suite 201
Raleigh, NC 27609
Subject Property: Parkland Grove Village, US 401, Garner, NC
Swift Creek
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bourdeaux:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1576
Wake County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.102 acres of wetlands for the ptdrpose of constructing an access road at the
subject property, as described within your application dated September 22, 2004 and received by the N.C.
Division of Water Quality (DWQ) on September 23, 2004. Aft r 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 (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, 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 21-1.0506 (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
(Units) Plan Location or Reference
404/LAMA Wetlands 0.102 (acres)
One
401 Wetlands Certification Unit NlIfllCQa
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: htto://h2o.enr.state.nc.us/ncwetlands
Old Stage Partners
Page 2 of 3
October 6, 2004
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.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in v?etlands, 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. 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
Old Stage Partners
Page 3 of 3
October 6, 2004
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.
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,
AW K/bs
Enclosures: GC 3404
C
Alan W. Klimek, P.E.
Certificate of Completion
cc: Brian Smith, Carolina Ecosystems, Inc., 8208 Brian Court, Garner, NC 27529
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 04-1576 Parkland Grove Village (Wake) 401 NBR
CAROLINA
ECOSYSTEMS, INC.
8208 Brian Ct.; Garner, NC 27529
P:919-606-9145 - F:919-550-7012
Thursday September 23, 2004
NCDENR - Division of Water Quality
401 /Wetlands Unit
Attn: John Dorney
1650 Mail Service Center
Raleigh, NC 27699-1650
US Army Corps Of Engineers
Raleigh Regulatory Field Office
Attn: Jennifer Burdette
6508 Falls of the Neuse Road, Suite 120 ,
Raleigh, NC 27615 "
RE: Authorization Request for Nationwide Permit 14
Parkland Grove Village
Garner, Wake County, North Carolina 0 '15 76
Pertinent Project Facts:
Location: The property is located on the north of Swift Creek several hundred feet east of US 401 in
Garner, North Carolina
USGS 7.5' Quadrangle: Lake Wheeler
River Basin: Neuse River
8-Digit CU: 03-04-01
Nearest Stream: Swift Creek 0dr
o P
Stream Index: 27-43-(1) D
m
Stream Class: WS III, NSW
Use Rating: Partially Supporting S E P 2 3 2004
Permanent Wetland Impacts: 0.102
Temporary Wetland Impacts: None DENR - WATER QUALITY
Stream Impacts: None WEMMDS AND STORMWATER BRANCH
Wetland Type: bottomland hardwoods
Dear Mr. Dorney and Ms. Burdette,
Enclosed is a Nationwide Permit application for wetland impacts associated with a proposed
subdivision development in Garner, Wake County, North Carolina. Due to the sensitive nature of
the Swift Creek watershed, great efforts have been undertaken to ensure protection of Swift
Creek. Old Stage Partners has worked with Wake County and the Town of Garner to produce an
environmentally sound development. This effort has put at least a 500 ft buffer along Swift
Creek, within the development property boundary, into a permanent conservation easement for
which Wake County will be administering its protection and maintenance.
The vast majority of wetlands has been placed into the permanent conservation area, but a small
portion of wetland impacts became unavoidable for the required access road to the property. This
road alignment underwent several design changes solely to reduce wetland impacts to an
absolute minimum.
Page 1 of 2
CAROLINA
ECOSYSTEMS, INC.
8208 Brian Ct.; Garner, NC 27529
P:919-606-9145 - F:919-550-7012
The attachments listed at the bottom of this page should provide the necessary information for
proper evaluation of this project. Please do not hesitate to call if you have any questions or if you
need additional information.
Sincerely,
Brian M. Smith, PWS, CFM
Attachments: NWP #14 Application
Vicinity Map/USGS Map
Site Plans (2 sheets)
Wetland Data Forms
Neuse Buffer Site Determination - DWQ Letter and supporting maps
Wake County Sediment & Erosion Control Approval
US Army Corps of Engineers - NW Permit #12 Temporary Impact Authorization
Page 2 of 2
D
S E P 2 3 2004
FILE COPY
i?"NR WATER 01IAI ITY
Office Use Only: WETLANDS MID STORM #6 BRANCH Form Version May 2002
Q#176
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: ?
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: Old Stage Partners, Attn: Avery Bourdeaux
Mailing Address: 5909 Falls of Neuse Road
Suite 201
Raleigh NC 27609
Telephone Number: 919-878-7766
E-mail Address:
Fax Number:
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: Brian Smith
Company Affiliation: Carolina Ecosystems Inc.
Mailing Address: 8208 Brian Court
Garner NC 27529
Telephone Number: 919-606-9145 Fax Number: 919-550-7012
E-mail Address: brian.smithkcarolinaeco.com
Page 1 of 9
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: Parkland Grove Village
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0790938604
4. Location
County: Wake Nearest Town: Garner
Subdivision name (include phase/lot number): Parkland Grove Village
Directions to site (include road numbers, landmarks, etc.): From I-40/440 in Raleigh take
exit #298 onto US 70/401 and head south. Stay on US 401 S after splitting from US 70. Stay
on US 401 S until reaching the Swift Creek Bridge and the property will be on your left. The
property is approximately 5 miles south of the beltline.
5. Site coordinates, if available (UTM or Lat/Long): N 350 41.158' W 780 39.819'
(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): 1
7. Nearest body of water (stream/river/sound/ocean/lake): Swift 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/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is generally forested with ATV trails throughout.
The site is adjacent to some commercial and residential property.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The
project is a new residential development providing public street access as well as public
water and sewer services to the residents. The project will involve the installation of a sewer
force main to the east as well as an access road into the property from US 401. The project
will utilize standard mechanized clearing and ading_eguipment.
11. Explain the purpose of the proposed work: The purpose of the project is to provide housing
in an environmentally friendly surrounding
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.
Action ID: 200421048 - See attached. Permit for the temporary impact of wetlands for the
installation of the sewer force main for the overall development.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NO. Other than the wetlands impacted for the road required to access the development property,
all wetlands are being protected under permanent easements. The first and future phases of the
residential project will be constructed completely in upland areas.
It should be noted that the Town of Garner may at some point in the future widen the access road
and connect it to Old Stage Road to the east of this property as part of their long range planning
for the town. If this occurs, additional wetland impacts would be likely. This work would not be
handled or a part of this development being undertaken by Old Stage Partners and is not
anticipated in the foreseeable future. In fact, the Town of Garner has indicated that this project
will probably not occur for many years, if ever.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
Page 3 of 9
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: A residential development is proposed
which is protecting all wetlands. However, an access road is required to reach the property
proposed for development. This road impacts some jurisdictional wetlands.
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
Area 2 Grading/Fill 0.065 Yes 600ft Forested Wetland+
Area 3 Grading/Fill 0.037 Yes 600ft Forested Wetland+
All areas were
investigated by USACE
and determined not to be
isolated due to hydrologic
connections
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at 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: 68.482 acres
Total area of wetland impact proposed: 0.102 acres
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 sci
NONE
* 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.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.map uest.com, etc.).
Page 4 of 9
Cumulative impacts (linear distance in feet) to all streams on site: NONE
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
Site Number
indicate on ma Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NONE
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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.
Old Stage Partners has made a tremendous effort to identify and avoid all streams and wetlands
on the property. Not only have 99.8% of the total wetlands been avoided, but these wetlands
along with upland floodplain areas are being nut into permanent conservation through Wake
County to provide a very large 500ft buffer to Swift Creek. Unfortunately, the development
y
requires an access road across other properties to reach the development. One of those propert
owners was not cooperative and only provided an easement to the southern end of their property.
Due to approach angles and road safety issues the road had to encroach into the floodplain of
Swift Creek in a small section This area also contained some jurisdictional wetlands. Therefore,
some wetlands will be impacted during construction of the road. The road was realigned as much
Page 5 of 9
as possible to minimize wetland impacts Parkland Grove will exist successfully within its
environmentally sensitive surroundings. Essentially, all of the land south of the road easement
and south of the development will be entrusted to Wake County to preserve permanently for the
protection of Swift Creek and ultimately the Neuse River.
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 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/ncwetIaiids/strmgide.htni1.
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.
Old Stage Partners has worked with Wake County to permanently preserve of a 500ft buffer
along Swift Creek (totaling around 110 acres) within which is a minimum of 67 acres of
wetlands Due to the sensitive nature of Swift Creek we believe that this preservation effort
is highly valuable to the environment and consistent with overall water quality goals. This is
especially important in an area where land values and development pressures are high and the
need for large buffers on Swift Creek are great.
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
Page 6 of 9
(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):
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 +See note on following page )?
Yes ? No ® If you answered "yes", provide the following information:
Page 7 of 9
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 3
2 1.5
Total
• 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.
+ Please note that the soil survey and USGS map indicate streams on the property. These
were reviewed by the Raleigh DWQ office and the USACE and found not to be
jurisdictional for either 404/401 or Neuse Buffer purposes (except Swift Creek and
approximately 100ft of a tributary on the western boundary of the main parcel). Please
find an attached letter from DWQ confirming this Neuse Buffer determination.
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.
Buffer mitigation is not required, but please note that a 500ft buffer is being conserved_ aloes
Swift Creek.
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.
The site is being doWd in an environmentally sound manner such that the total impervious
percentage will be below 15% with the majority of undeveloped land being placed under
permanent conservation. The project has been approved by the Town of Garner that it is below
its thresholds for needing a stormwaterrplan. The conservation effort has been coordinated with
Wake County to hold the conservation easement which includes a 500ft buffer being maintained
along Swift Creek. Before entering this very large buffer, stormwater will be directed through a
dissipater pad and weir so as to reduce velocities below 2 ft/s. These efforts will prevent any
direct discharge into surface waters and will ensure detention and filtration of the water as it
moves through this very wide buffer area. A sediment and erosion control plan has been
permitted by the Town of Garner (copy attached).
XII. Sewage Disposal (required by DWQ)
Page 8 of 9
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.
A permit has already been obtained and approval from the Town of Garner has already been
obtained to build a force main connecting into Garner's wastewater treatment system.
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/Xgent's Signatua Or Date
s signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: t:'J r r r V i's , 0ii Date: .,Z'/ D
Applicant / Owner: O r fh er
Investigator: r i gn County: Irv ake-
State: N (2,
Do normal circumstances exist on the site? Yes L." No Community ID:-20-25-44
Is the site significantly disturbed (Atypical situation)? Yes No r/ Transect ID:
Is the area a potential problem area? Yes No ? Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. 4r ? prNrr\ Tree fRc 9.
2. r'ci `tree F'ac+ 10.
3. Jib :• te, L 11.
4. ' n y . ' ?rte 12.
5.'Tr,x.eo en ran rn ,cam U;nr 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-).
Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are/are not
Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken...
HYDROLOGY
_ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
_ Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other _ Inundated
/Saturated in Upper 12"
No Recorded Data Available -Water Marks
_ Drift Lines
Field Observations: - Sediment Deposits
L--Drainage Patterns in Wetlands
Depth of Surface Water: - (in.) Secondary Indicators:
?Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: (in.) _ Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: (in.) ? FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name /l p
(Series and Phase): ?ocsno krl Drainage Class: / "j
Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No V'
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/contrast Structure, etc.
d t - /CYX ?A' cww rn/ti?,q?y/f ?l-
Hydric Soil Indicators:
Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
Sulfldic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed On Local Hydric Soils List
Reducing Conditions Listed on National Hydric Solis List
?leyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ? No Is the Sampling Point
Wetland Hydrology Present? Yes ? No Within a Wetland? Yes t-? No
Hydric Solis Present? Yes ? No
Remarks: Location (describe) is/is not classified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers Wetlands Delineation Manual.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
I
Project / Site: P r (4 d) U> h'31)
Applicant / Owner: d P -? 5
Investigator: ,
Date: L14 q161
County:
State: aCG
Do normal circumstances exist on the site? Yes--LNo Community ID:-2029,'
Is the site significantly disturbed (Atypical situation)? Yes No ?
Is the area a potential problem area? Yes No t? Transect ID:
Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Ace, a hyr- T,e? AqC 9.
2. -/ qCJC1 re, FAr- 10.
3. D N(-1. Ar. a 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 400 4?'
Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are/are not
Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken...
HYDROLOGY
- Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other _ Inundated
_ -Saturated in Upper 12"
v No Recorded Data Available Water Marks
Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: (in.) Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Saturated Soil: -' (in.) /FAC•Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name n
(Series and Phase): C V) C' 6 AUQ GS Drainage Class: Ae>
Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
03 R 10'v' 342 .5Z
3 -16-1 /d 5 SGz'
Hydric Soil Indicators:
Histosol _ Concretions
Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
Sulfldic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed On Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes V/ No Is the Sampling Point
Wetland Hydrology Present? Yes No Within a Wetland? Yes_ No_/
Hydric Soils Present? Yes No ?C
Remarks: Location (describe) is/is not classified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers Wetlands Delineation Manual.
a tate of North Carolina
eparbnent of Environment
and Natural Resources
Raleigh Regional Office -
Mbhael F. Icasley. Governor
1Mfliam O. (810) Ross. 3ecro"
NCDENK
P40".. c.,wovw? osrwvr•.srr or
Division of wow Qtaliq
July 119 2002
Brim Smith
dive land Water Infrastrnotttre, -PA
139-0 Technology Drive
Garter, North Carolina 27529
SUMM: Nose River Basin But1'er Rules
NBRRO 02-142
US 401 S Traci
GUM, WWM County. NC
Dear Mr. Smith:
On July 8. 2002, t c onduMd a site vixit of the featurtal involvostl in the above rcfcecttc:0i
,pauj= as ideadfud on the attached nubs, h was do MIM11 that tbadtrd A. B. C. D. E. F and
CJ dawn on the Wales Cotmty Soil Survey. but absent on the USGS Lake Wheeler. NC farad tap
(with the axoeptton of Swift Croe10 could potendall ? be subject M protection under the Name
Rivet Basin: Nutrie nt Sensitive Walers Managemmg 9trMpgy: Pt+ot AMU and MaWmance of
Existing Ripurbw Arno. Adminixtrativc Coda T15A: 028.0233 (NCAC.0233).
Feature A (Swift Cree10 is subject. Also, feadtre B. the western tttoat tkatura is subject at the
confluence of A wW B and remains subject northwa+d to flag 2oi8 in field. Featum C. D, E.
F wind G are tut subject within the determined property boundarlux.
This letter only addresses the aPPlicability of the Newt Buflcr Rulcrr. For information
oHM, nt to we tan& and other milt='- nlesle CoOWA the Cg WW Of&x at 733-1786. Tbunk yu u
for your attention to this miaer and if this office can be of any "$i$MM or if you have additional
questions. pleura do not bexitato to amtm us.
U)?Xi.? Sincerrely?s s r.
?i, CL'CD2.,._.
Deboruh Edwardit
N;iavirt)mwabd Spmiulist X
cc: John Dornpy/DWQ
Wake County
1828 Mnq Swvlae Center, Raleigh. NC 27608.1626 7014pho" J0101S71.4700 FAX (SIO)S71d71a
An Equal Opportunity Aformatrve Acdon Employer 80% mcyc"10% post consumer poor
---
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90JI YCEEnvironmental
..wow wave
NZY
Services
Old Stage Partioers, LLC
8366 Six Fodw Road
Raleigh, NC 27615
Phone M: 919-845-0105
Fax N: 919.845-0533
ATM Mr. Avery C. Hordeum
rat 919 966 7"9
inx 919 066 9866
6iNlon. Rend and Stotnlw?ta
376 FayattevNla SL • P.O. sox 580 ? nalat9h, trC 27602
Dear Mr. Bordeaux:
This office has reviewed the subject Erosion and Sedimentation Control Plan. We find the plan to be
acceptable and hereby issue this letter or approval. If any modifications, performance reservations, or
recommendoliun are applicable, a list is errrlosed gad is incorporated as s part of this leUer of approval. If any
modifications are not incorposated into the plan and implemented in to field. the site will be in violation of the
l1rusion and Sedimentation Control Ordinance of Wake County. In adAi*n, Z~ve J*!, 2000 alt pro/rags
Issued LaNd4)fsmr" f rOW&W PC bow Ard* H SaNas SM s M, (4)6(5) and (f) of Me OrOve ne gFA0d 8
should be noted that glen plan *Mr* W shall cW" tiro (2) ,warn fiiltiwhV the date of appr*vW in accordance
with Seedon L of dw Oh*mxm IN swsr noy PWMIM over 2 yaam OM may need a be renewed to
avoid subalow d "penadples: For AnV& conadt dw Broslau 4 Seadlssennakn Conewt Ordbranca
Plan Approval is linnited to constructim tnainttentsnce and stabilization of bode temporary and permanent
sedimentation and erosion control devices only, Por projects located wid" the jurisdictional area of Garner, Wake
County Brosion, Flood and Stormwater Section is not responmble far attbject approvals of odor Local, State or
Federal Agencies. The subject approvals are (but not Waited to) Federal Emergency Managertnent Area blood
regulations/requirenum, Division of Water Quality ender stormwater or other water quality
regulations/requimments, U.S. AmW Coups of Faginees under Ankle 404 (Wetlands) jurisdiction/ uirenndua
and/or any Pedaal, State. County and Local municipal regulations or permit regW ments. The approval issued In
this letter cannot supen de any other required permit or approval.
Project M"ficaliuns Include:
Ali sediment basins trust remain in place until authorized by Wake County Environmental Engineer. Stormwat"
pipes in conflict with sediment basins mast be left unfinished until areas above are stabilized. The last fbw sections
of pipe and FES must be left unmalled until authorized by Wake County Environmental Engineer.
Since this project disturbs five or more acres, one such approval relates to the Stormwater that will
disclunrge from your project. This runoff is permitted pursuant to the National Pollutent Discharge Elimination
System (NPD13S) administered in North Carolina by the Division of Water Quality (DWQ), Attached is the General
Stormwater NPDES Permit, NCO01000, as revised October 1, 2001, covering your activity. You are responsible for
RE; Sedimentation & Erosion Control Letter of Approval, 3-17-2004
complying with der General Permit requirements and are subject to enforcement by DWQ for any violations of the
General Permit.
Due to the locaaitm of this project, it should be toted that a rule to protect and maintain existing buffen
along watercoursea in the Noun River Bean been= etliective on July 22, 1997. The Neuse River Riparian Arras
Protectiou anil Maintenance Rule (15A NCAC 28.0233) applies to all peratnial and intermittent streams, lakes,
ponds and estuaries in the Naurse River Basin with forest vegetation on the adjacent land or ''riparian area". In
riparian are" with existing throat vegetation in the tint 30 feet directly agjarant to the stream, &a rule prolu'bits land
disturbance, new development and fertilises use within the first 50 foci of land next to the water. In riparian ace"
with forest vegetation that is less than 30 feet wide, the rule prof" Iand disturbance, new development and
fertilizer use within the area that contains forest vegetation (but not the entire 50 foot riparian area). For more
information about this riparian area rule, please oontmA the Division of Water Quality's WetWW401 Unit at 919.
733-1786.
Wake County's sedimentation pollution control program is performance oriented. requiring protection of
the natural resources and adjoining properties. If at any thne during this project it is determined drat the Erosion and
Sedimentation Control Plan is inadequate to ante- the regtrinments of the Erosion and Sedimentation Control
Ordinanoc of Wake County , this office may recpdre revisions in the plan and its implementation to enure
compliance with the Ordlemor. Also, please consider thin letter n notice in accordance with the requirements for
ANUMI of Plana, section 4(g), this office nay require revisions in the plan and its iunplememation to ensure
compliance with the (hdinme.
Please note that this approval u based in part on the accuracy of the information provided concerning
financial resImnsibility. You are requested to file an arneuded financial Responsibility Fonn if any changes become
necessary.
Your cooperation is appreciated and we look forward to working with you on this project. if time are any
questions, please do rot hesitate to contact this offtoc.
S,
W. J 7548
Envi EngineedPlanner I
ec:F1211ngincers, Inc
Mr. Ken Schuster, P.L.
Mr. John Domey
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
AWO
Action ID(s): 200421048 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Ofd Stage Partners
. Attn: Avery Sourdeaux
Address: 5909 Falls of Neuse Road, Ste. 201
Raleigh, NC 27609
Telephone Number: (919) 878-7766
Agent: Guld.%Win & Associatos, Inc.
Attn: Gerald Pottern
Address: 8480 Garvey Drive
Raleigh, NC 27616
't'elephone Number: (919) 872-1174
Size and Location of Property (road aame/number, tows(, etc.):
The 1.4 ac-corridor begins wltti Parkland Grove Village, stns east fvr 3150 R, and cAds on the west aide of
Old Stage Rd (SR1006) -900 R south of its intersection with Vandors Spgs Rd, in Garner, Wake Co, NC.
Waterway: Little Swift Creek River Basin: Noun
Coordinates: 35.6$47220 ° N 78.6555560O W NUC: 03020201 -Upper Neuse
Description of Activity:
'Chis permit authorizes excavation and placement of fill associated with construction the Parkland Grove
Village wastewater force main including placement of fill temporarily for cunm,ttuction access.
Applicable Law(s):
Section 404 (Clean Water Act, 33 USC 1344)
Authorized General Pertrit(s) end
Nationwide Permit # 12 Ubli Line Activities . AIID• 1)0421048W
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0.000 0.000 0.000 0.000 0 1 0 - 0 AID:
Upon WiturIm?act {acrotL -?iNetlarut I - Strewn CNeottal ltgLw (11rew
or217 I tx! rnonetn _ t wn T Pe!rrin!ne rntanani mill _ble T qt ?a,n---m---I•aiti kw
tetn?ar.?r - ?' _ -
?° -
0.000
11O.OW 0 q
impact Totals Authorized BX This_Verification:
Op?-n Water i "M)• wcdww I (acres, Su mat Chrnnel Imom Unto fo¢tL
tO11p°t?!3!._ J0. =--rent ' -129-m-W ._Lermattont tetn?ornry 1._l!?2tnaneta midgable nanent Hari-mld,8iiblc
-- 1
0.000 _ _ _0.000 0.390 0.000 20 0 0 .
Waters of the li.S._(linear feet) ___...__;
Total Lou of Waters of tb U.S. (wxre) Q,0(? Total Loss of .
Pegs l of 2 version! 27 July. 201
Adieu ID(s): 200421048 County: Waite
GENFRAL PKRMIT (RF.GIONAL AND NATIONWIDE) VERIFICATION
The work is authorized by the above referenced permit(s) provided it is accomplished in strict
accordance with the attached conditions, special conditions listed. at the end of this form, and the submitted
plans. Any violation of the attached conditions or special conditions, or deviation from the submitted plans
may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date shown below, unless the
nationwide authorization is modified, reissued or revokt%L If, prior to the expiration date shown below, the
nationwide permit authorization is reissued and/or modified, this verification will remain valid until
expiration date shown below, provided it complies with all modifications. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply
with the terms and conditions of the nationwide 'permit, activities which have com mired (i.e., are under
construction) or are under contract to commence in rehmwe upon the nationwide permit, will remain
authorized provided the activity is completed within twelve months of the date of the nationwide permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case
basis to modify, suspend or revoke the authorization.
This Department of the Army verification does not relieve the purmittm of the responsibility to
obtain any other required Federal, State or local appmveilslpennits. Activities subject to Section 404 (as
indicated above) may also require an individual Section 401 Water Quality Certification. You should contact
the NC Division of Water Quality at telephone (919) 733-1786 to dotermino Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal
Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management.
If you have any questions regarding this verification, any of the attached conditions or special
conditions of the Permit, or the Corps of Engineers regulatory program, please coittact Jennifer Burdette
at telephone number (919) 876-8441 ext. 22.
Corps Regaktory 01111cial - , ew,ei, f r... Q
Authorization Date: June 19, 2004 Expiration Date of Verifleation: June 19, 2006
Special. Conditions (if any):
* Please mute that above date reflects the day the work was authorized due to lapse of 45-day review as
outlined in the PCN notification requirements - see Condition 13, 67 Fed.Reg. 2090 (:lanuary 15, 2002).
Utility Line Installations
The areas of waters of the United States that are disturbed will be limited to the minimum necessary to
install the utility line. The construction corridor authorized by this permit will not exceed forty (40) feet
in width in the wetland areas.
Upon completion of the work, only a twenty (20) foot wide maintenance corridor or-less is allowed by
this permit within the wetland areas.
Permittee shall seed wetland areas with wetland seed mixture only. Fescue grass will not be utilized
in the wetland areas.
Copies Furnished:
Page 2 of 2 Vemion: 27 July, 7004