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HomeMy WebLinkAbout20041576 Ver 1_Complete File_20040923O?O? W AT 4819 co Un r O 'C 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. 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J 2??? wN da ??? o°a 3 v (n ff_g oar ° I ?0p9 ' ? i --? I ? 0 U soh za Zo ? ? e U ? m° °a ?? 1 s ?, eeo? / ? / _ ? gw? 3 = o Op I '? co 2Up o ¢ } a ? 1 ??? OS ! / o o?,lo aZ o M z d1 w ? N , oE? 00o oc± I Qe?' of!' / O O_ VV o¢ oo v vUI- t-W ¢ W ?I Jam! Ji/ u viZW In? Y O ? Q t oa SW 1 .' ? wow a U ? CO ww ^ I' ? W ° OHO ?~ ? ? /? ?// / $ 8 ~ 2 2 L, O WIOiW WOO ' W V) QO a O O U L V W / a a ?o / Z ? 4) ?z / / ® ?_OVIW W-? ? ti¢1=-OIx-?O C)¢ W3 / / FEP ?OJf L_.. i _ '. cv M / / ?q W I Lbl / ? y` ?\GPV ? / / •- •- g3? Km°g z ybry / ?W? / ? Q / O ??8 J 3j }}-- IJWW ?°3? / / O ! m gOi hWya 3 ?// / J / ?? W 3° ? /. / ?nw o /? I y$g33 vi R?ap? / a? ?j '? ?ia W eis. ?? m??a?a^o?? am ZoY? ? _ w J 2 2 0 ? / / -- -._ j / m ?Q.. WWWww3wWW W33333wwww3W333w333W W3 W3 po °U ? ?- ' ? ??-gh?.x 3« x ??g°Pr?H?x§$3?a?i3.M ?'fi?`R3m.ag ?8.x ?? °A3 " 3$ $ ?^ ? ?? / / ? H ?,^ ? 8ffi Z ?a 388 ??a?????Sn e.?:n3'?:n:g.?nnoir ?v?vb6h+?1?a g '? ? `i°ov? 2??-¢ / m Su, zhzzzzhwu?wzzzzzmN?rNayWZZV?WZhN?a ? ;553??5?5s.?gzns:s??55????5?a$?5???- 050 ?WU ??Z?< W opt ? W4?.°3 Q fixx" ? Yt ~ Q pz?O3° ?W2m? p b Z 3oF°o g 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 --- 11f `w r<, 13 :: 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 -- - _._-- ----- - _ -_ - _... .. _._.._-- ----- -? c)ran w><er In .----- ...... .?t?r ?-1 wed.n<t (mps ! j!cLt Scum Channel Inval p?.r pLc!L ----- -- - -- .... temporary Pin! . _.. !?Po4+!?' p?!!!!?cex > y I P miti?able , portnmu r nanIg! tj&Able 1 .unat _ 0000 _ ... 0.000 20 - 0 ?---- --- O on Water 1m t acres Wttlmd Ia act aches ' _Stream 0=01 Im -- t linear feet L _y _!!xA_ _ i -!?' D?111nEnt tltiti ??hle am-mph able ?! _ 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