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HomeMy WebLinkAbout20020592 Ver 1_Complete File_200204160 AT ,_,g QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 26, 2004 DWQ# 02-0592 Wake County Mr. Ron Lee SouthPark Development Company, Inc. 5160 NC 42 Garner, NC, 29212 Subject Property: Everwood Subdivision (formerly South Creek Subdivision, Phase III), Garner, NC PIN No. 1710-.20-91-1098; 31 acres Mahler's Creek [03-04-02, 27-43-9, C NSW] APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Lee: You have our approval, in accordance with the attached conditions and those listed below, to place fill in 256 feet of perennial streams (136 feet of Mahler's Creek ("Crossing 1 ") and 120 feet of an unnamed tributary stream ("Crossing 2")), and 21,424 square feet (11,063 square feet at Crossing 1 and 10,361 square feet at Crossing 2) of protected Neuse Buffers to construct two road crossings associated with the proposed South Creek Subdivision, Phase III in Garner, Wake County, as described in your revised application received by the Division of Water Quality on May 25, 2004 and in additional correspondence received May 5, 2004. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3404, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 213 .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to Mr. Lanny Clifton of Son-Lan Development Company, Inc., on July 24, 2002 for the same project, now re-named, with minor design changes as described in the revised application. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland and/or stream fills for this project (now or in the future) exceed one acre or 150 linear feet of perennial streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 2. The culverts required for this project shall be installed in such a manner that downstream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (ht!p://h2o.enr.state.nc.us/ncwetlands) r..nb.mn- c-....:.... u. 1 .11 .11 41Ao Mr. Ron Lee, SouthPark Development Company, Inc. May 26, 2004 3. Heavy equipment shall be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream; 4. 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. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notice Application. 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; 6. 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; 7. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands-, 8. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to a fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. This contribution will satisfy our compensatory mitigation requirements. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions concerning payment into the EEP. You have one month from the date of approval of the 404 Permit to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Subbasin Number Stream 256 (feet) by EEP 03020201 Wetlands N/A Waters N/A Buffers N/A Mr. Ron Lee, SouthPark Development Company, Inc. May 26, 2004 9. An additional condition is that all constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, Mail Service Center 6714, 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. If you have any questions, please telephone Steve Mitchell in the DWQ's Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E C AW K/cbk Attachments cc: Corps of Engineers Raleigh Regulatory Field Office Steve Mitchell, Raleigh DWO Regional Office Central Files File Copy Neal Floyd, 7908 Audubon Drive, Raleigh, NC, 27615 020592 Mr. Ron Lee, SouthPark Development Company, Inc. May 26, 2004 NORTH CAROL] NA-DIVISON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, Mr. Ron Lee SouthPark Development Company, Inc. has permission as outlined below to place fill in 256 feet of perennial streams (136 feet of Mahler's Creek ("Crossing 1") and 120 feet of an unnamed tributary stream ("Crossing 2")), and 21,424 square feet (11,063 square feet at Crossing 1 and 10,361 square feet at Crossing 2) of protected Neuse Buffers along Mahler's Creek and one of its unnamed tributaries, in the Neuse River Basin, associated with construction of the Everwood Subdivision (formerly South Creek Subdivision, Phase III), Garner, Wake County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM LOCATION: Everwood Subdivision (formerly South Creek Subdivision, Phase III), Garner, NC COUNTY: Wake BASIN/SUBBASIN Neuse (03-02-02-01) Impacts: fill in 256 feet of perennial streams (136 feet of Mahler's Creek ("Crossing 1") and 120 feet of an unnamed tributary stream ("Crossing 2")), removal of 21,424 square feet of protected Neuse Buffers (11,063 square feet at Crossing 1 and 10,361 square feet at Crossing 2) As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Mitigation: 256 linear feet of streams by EEP required for the 401 Water Quality Certification. In correspondence dated April 26, 2004, the EEP indicated that up to 512 linear feet of stream mitigation will be conducted by EEP if necessary for the 404 Permit. Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r .0503(b). One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Program at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM DIVISON OF WATER QUALITY 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 O?Q? wATFi9p Michael F. Easley G Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources (? `C Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality July 24, 2002 (Replaces May 29, 2002 Approval) DWQ Project # 02-0592 Wake County Page 1 of 2 Son-Lan Development Company, Inc. c/o: Mr. Lanny Clifton, President 5160 N C42 West Garner, NC 27529 Subject Property: South Creek Subdivision, Phase III, Garner, NC PIN No. 1710-.20-91-1098; 31 acres Mahler's Creek [03-04-02, 27-43-9, C NSW] APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS Dear Mr. Clifton: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.28 acres of forested wetlands, 208 feet of perennial streams (136 feet of Mahler's Creek ("Crossing 1") and 72 feet of an unnamed tributary stream ("Crossing 2")), and 17,472 f? (11,063 fe "Crossing 1" and 6,409 ftz "Crossing 2") of riparian buffers to construct the two proposed road crossings at the subject property as described within your application dated April 10, 2002 with revisions dated April 23, 2002. After reviewing your application, we have determined that the wetland impacts are covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3375. This Certification allows you to use Nationwide Permit No. 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers as required under the Neuse River Buffer Protection Rules (15A NCAC 2B .0233). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) Erosion and Sediment Control Permit and Neuse Buffer Rules (15A NCAC 213 .0233). Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 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 feet of streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the DWQ General Water Quality Certification No. 3375, Neuse Buffer Rule and any additional conditions listed below. Conditions: 1. Stream Mitigation After reviewing the additional information provided within a letter from Mr. Neal Floyd dated July 10, 2002 and stream evaluations made by the DWQ Raleigh Regional Office staff, the DWQ has determined that stream mitigation will not be required for the impacts approved within this Certification. Please note that if additional, future impacts for the site result in total perennial stream impacts equal to or exceeding 150 feet, then stream mitigation will be required. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 2. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 213 .0233(5). 3. 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. 4. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 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 no practical alternatives determination as required under the Neuse Buffer Rule (15A NCAC 2B .0233). If you have any questions, please telephone Mr. John Dorney at (919) 733-9646. Attachment: General Water Quality Certification No. 3375 Certificate of Completion Cc: Steve Mitchell, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office, 6508 Falls of Neuse Road, Suite 120, Raleigh, NC 27615 Neal C. Floyd, Neal C. Floyd & Associates, 7908 Audubon Drive, Raleigh, NC 27615 Jerry T. Dalton, Dalton Engineering & Associates, 446 East Main Street, PO Box 426, Clayton, NC 27520 File Copy Central Files DWQ 020592 July 24, 2002 (Replaces May 29, 2002 Approval) Sincerely, Neal C. Floyd & Associates, Inc. D?Q WETLANDS/ 401 GROUP q-110 1o4- d Z03q ?,dn T-)-e aj s Ao,-4 ' SEGTIgN :h:72- ? r S ? v` c.?- ?I?n.Q. 5wbd?U ? s? ?-? o??d. lr`as ?? , s Q?.e-?.-?P?? - ?? bQ? v-; red -D 5 ty\,Q g via cv,,- o-? ?-? see-vim _p- UD ?.:..7E nc-e rto- r\A re. GcrnY\P- D 1.0 d r o. Neal C. Floyd & Associates, Inc. 't?' vv?4 1?s 14. In wc-ie-S .17\o `? s ?. A u-) b ?. Ls?- as ? , ?o-? A ? d-?s-4 i? . Ad?v???? s P? 0"J'. %,,p TA -,,,3,v-\ a,?- V- L? C>L,-,- V\O? 0"Al Wednesday, April 14, 2004 U. S Army Corps of Engineers Division of Water Quality - 401 Wetlands Certification Unit 2321 Crabtree Blvd. Raleigh, NC 27604-2260 To whom it may concern: Neal C. Floyd and Associates and Dalton Engineering and Associates, PA have authorization from South Park Development Company, Inc. to act as their agents on matters of concern pertaining to wetlands/401 certification on Everwood Subdivision located off Bryan Road, Wake County, NC. Truly yours, kc-?j Lanny Clifton, President South Park Development Company, Inc. v z c.? j O O O vl ? ?? Q q a o-.. Ld 1 ,1.. , II II 1?. I n I ---?\ 11 11 I /l • 1. • ' • O 1 .. o . W/ 1 / _?? •// /I I11 ci? Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. b?g 2 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit Section 10 Permit 401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: N OP 3 1 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 (see section VIII - Mitigation), check here: Rr II. Applicant Information 1. Owner/Applicant Information cCD-VtAac -1 11 Name: SOwklA awk DAM . L-o. 71H C- -i 73 - Mailing Address: SHOO NC.4?,* Oral ?.? . f.? . Telephone Number: 707 3 7 3- E-mail Address: -773- Fax Number: Fax 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has si n ry a hority for the owner/applicant.) Name: fft Company Affiliation: qA S04? . Mailing Address: '7 D Telephone Number: Fax Number: IPA -0395 E-mail Address: Page 3 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 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: E VeC W old «r "41 5 2. T.I.P. Project Number (NCDOT Only): 1VC Pin ?iZ? q7 9 3. Property Identification Number (Tax PIN): 4. Location County: WO-W, Nearest Town: Gav%%ar Subdivision name (include phase/lot number): 1E\WXLZ I "7 Directions to site (incl de rogl nuimpers, landmarks, etc.): 70E A-c W WAV-0ak WA • r *, dUl an 11t ton 5. Site coordinates, if available (UTM or Lat/Long): (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. Describe the existing land use or condition of the site at the time of this application: ]] 7. Property size (acres): ` ?? -o-, ! v, `CAS 7 S w. 8. Nearest body of water (stream/river/sound/ocean/lake):ALAL&O.f.? i ?" 9. 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/.) Page 4 of 12 10. Describe the purpose of the proposed work: DOS CoGA C'r-O "C"I 11. List the type of equipment to be used to construct the project: rCA bL ,,no It IDtv,0 ,+? 12. Describe the land use in the vicinity of this project: W 0aL"5 ; 5I.,' V IS i g? I 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. `` --- r-1 "r r,, + W r r", -lc- e>4-1 t v? tvn I s n rn , eC:?'- 1'ho?nlxfs C.r 2ark G! o5S1"-M teXe%a %Y\ V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the curr nt application: r10 r `,. 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 evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://112o.enr.state.nc.us/wrp/index.htni. 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. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) 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 ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) 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 213 .0250 (Randleman Rules and Water Suppl Buffer Requirements), or other (please identify )? Yes No ? If you answered "yes", provide the following information: Page 9 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** i * 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.) na, s 2- Oq MC.. List the total acreage (estimated) of existing wetlands on the property: tj QP) A 5 e Total area of wetland impact proposed: ?6aQ'? SF "+Q Sa. d.3 ac.,_ - Pho s4 2 - 44 kt) zM221S a 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? (please specify) s apm u ^°1 IZo? c? 4 -5 ` -e?n n i a * 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.usQs.Q,ov. Several internet sites also allow direct download and printing of USGS maps (e.g., xww.topozone.com, www.mapUuest.com, etc.). I (k? f C-fQO-L 13?16j '? 11 • i i- Cumulative impacts (linear distance in feet) to all streams on site: -72 } Page 6 of 12 cxoswis li2, 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name Wat) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) L.IJI caw uupaci scpatatcty anu iuenmy temporary impacts. impacts mcmue, nut are not nmitea to: nu, excavation, dreagmg, flooding, drainage, bulkheads, etc. 4. 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): E] uplands F? stream E] 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. -'q 04'-0 S iP AC-E prv i 424 IMc-1^ I'VXc b-" s U.e ?.dS ?J 2?3 CD 'J 42_p?r 14, 1P (k c, ( I Page 7 of 12 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.tis/ncwetlands/strmgide.litml. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 8 of 12 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. (? p bSQZ Gros` "l r Zone* Impact Multiplier xequtre (square feet) Mitigati n I (Q 5,7 3 t7?q 2 -7( 2 1.5 ..47 Total i n 4 l 1 Zone I extends out 30 feet perpendicular ti additional 20 feet from the edge of Zone 1. near bank of channel; Zone 2 extends an If buffer mitigation is required, please discuss what type of mitigatiot-Tis-1proposed (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. XI. Stormwater (DWQ Only) 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 downstre am from the property. t `r '' t sr?? ? URi ? l U l.< <a ':',t ( ? , a ? ? ? : '.. > : _! y. / ?., I ?• ?, r . i „`3 ? ? 1 ?> .? -;? ? " 'f :. -7 C_ 1 7 , ? XII. Sewage Disposal (DWQ Only) 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. 7av,aO_ C-1 %' C"--' "-r. sAL? .er SuSkw, XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No N Is this an after-the-fact permit application? Yes 0 No N Page 10 of 12 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). c) o qlrz lo 4- Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee lredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 308 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Reeulato?y Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 1 I of 12 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1 195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (9 19) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-532 1 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919)715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 2002:.' 1050 County:. _ Wake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property OwnerSon-Lan Development Address 5160 NC Hwy 42 West _ _ Garner, NC 27529 Telephone Number 919-733-8303 _ Authorized Agent Neal Floyd & Associates Attn: Neal Floyd Address 7908 Audubon Drive Raleigh, NC 27615 Telephone Number 919-422-6745 Size and Location of Property waterbody, Highway name/number, town, etc.): The property known as Phase III of South Creek Subdivision is located on the east side of N.C. Hwy 50, beginning at the end of Foxbury Drive, in Gamer, Wake Countv.:North Carolina. Description of Activim This pern:it authorizes mechanized landclearing, the installation of culverts, and the placement of fill associated with the wnstruciion of two roads to access the residential development. Impacts tovetlands and waters authorized by this permit are approximately 0.30 acre of wetland and 208 linear feet of stream channel. Applicable Law: __ a .- Section 404 (Clean Water Act, 33 USC 1344) only. ----Section 10 (River and Harbor Act of 1899) only. Authorization: _____Regional General Permit Number 14 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program. please contact ---Amanda U. Jones . at telephone number (919) 876 - 8441 extension 30 Regulatory Project Manager Signature-- LX-sAA&AIA I,- I Date_____ June 28, 2002 _ Expiration Date ?Junc 28, 2004 e?2 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., Nfi: ST BE A17ACHED TO THE YELLOW (FILE) COPY OF THIS FOILM, IF REQUIRED OR AVAILABLE. Cr , c9QG ? r > -i Michael F. Easley • Govemor?all/ William G. Ross, Jr., Secretary Department of Environment and Natural Resources Q < Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality July 24, 2002 (Replaces May 29, 2002 Approval) DWO Project # 02-0592 Wake County Page 1 of 2 Son-Lan Development Company, Inc. c/o: Mr. Lanny Clifton, President 5160 NC42 West Garner, NC 27529 Subject Property: South Creek Subdivision, Phase III, Garner, NC PIN No. 1710-.20-91-1098; 31 acres Mahler's Creek [03-04-02, 27-43-9, C NSW] APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS Dear Mr. Clifton: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.28 acres of forested wetlands, 208 feet of perennial streams (136 feet of Mahler's Creek ("Crossing 1") and 72 feet of an unnamed tributary stream ("Crossing 2")), and 17,472 fe (11,063 fe "Crossing 1" and 6,409 fe "Crossing 2") of riparian buffers to construct the two proposed road crossings at the subject property as described within your application dated April 10, 2002 with revisions dated April 23, 2002. After reviewing your application, we have determined that the wetland impacts are covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3375. This Certification allows you to use Nationwide Permit No. 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers as required under the Neuse River Buffer Protection Rules (15A NCAC 2B.0233). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) Erosion and Sediment Control Permit and Neuse Buffer Rules (15A NCAC 2B.0233). Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 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 feet of streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the DWQ General Water Quality Certification No. 3375, Neuse Buffer Rule and any additional conditions listed below. Conditions: 1. Stream Mitigation After reviewing the additional Information provided within a letter from Mr. Neal Floyd dated July 10, 2002 and stream evaluations made by the DWQ Raleigh Regional Office staff, the DWO has determined that stream mitigation will not be required for the impacts approved within this Certification. Please note that If additional, future Impacts for the site result in total perennial stream impacts equal to or exceeding 150 feet, then stream mitigation will be required. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ • wyG r- vi c 2. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). 3. 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. 4. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 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 no practical alternatives determination as required under the Neuse Buffer Rule (15A NCAC 2B .0233). If you have any questions, please telephone Mr. John Dorney at (919) 733-9646. Attachment: General Water Quality Certification No. 3375 Certificate of Completion Cc: Steve Mitchell, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office, 6508 Falls of Neuse Road, Suite 120, Raleigh, NC 27615 Neal C. Floyd, Neal C. Floyd & Associates, 7908 Audubon Drive, Raleigh, NC 27615 Jerry T. Dalton, Dalton Engineering & Associates, 446 East Main Street, PO Box 426, Clayton, NC 27520 File Copy Central Files DWQ 020592 July 24, 2002 (Replaces May 29, 2002 Approval) Sincerely, A'ke NCDENR North Carolina Department of Environment and Natural Resources >1;ohae; F. Easlev, GuVerr:or April 26, 2004 Neal C. Floyd & Associates, Inc. 7908 Audubon Drive Raleigh, NC 27615 Subject: Project: Everwood Subdivision County: Wake ,"d1iam G. Ross Jr.. Secretary WETLANDS/ 401 GROUP MAY 0 5 2004 WATER QUALITY SECTION The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for stream and riparian buffer impacts associated with the subject project. Please note that the decision by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you in a letter dated March 26, 2004, the stream and buffer restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCEEP will accept for this project is also indicated in this table. Stream (linear feet) Wetlands Riparian (acres) Wetlands Non- Riparian (acres) Riparian Buffer (s q. ft.) Impact 256 10,361 Mitigation Max 512 20,722 The stream and riparian buffer mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208. Sincerely, A,,,.Q Deborah D. Anderson, In-Lieu-Fee Administrator cc: Cyndi Karoly, Wetlands/401 Unit Jennifer Burdette, USACOE-Raleigh Steve Mitchell, DENR Regional Office-Raleigh File NO DE NH Ecosvstem Enhancement Program NO rt?lCa1'OhI1a 1619 Mail Service Ce^`r?r. Raleigh. North Carolina 27699-1619 Naturally Rhone. 91.9-;33-5201 =,AX: 919-733-53211 Internet: h2o.enr.state.%.us-"Vrr) Neal C. Floyd & Associates, Inc. LL-UL-? July 10, 2002 ' To: NC Department of Environment & Natural ReSOUrcS? '; !?? "J Division of Water Quality Wetlands/401 Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Sub: Stream Crossings South Creek Subdivision - Phase III Garner, NC DWQ # 02-0592 Attn: Cindy Caroly This letter is in response to your "Approval ... with Additional Conditions" of subject project, dated 5/29/02 and as a result of my conversation with Steve Mitchell, on July 9t}' It is my understanding that mitigation will no longer be required due to the fact that the `second' crossing is not on a perennial stream as determined by Steve during a site visit on May 22. If the second crossing does not count toward mitigation, the impact to perennial streams is less than 150 feet. Steve indicated that his report on the site investigation is documented on his final report as posted on his comment sheet. It is our understanding that no mitigation will be required on this project. Please advise. Thank you, TNeal C. Floyd Soil Scientist 7908 AUDUBON DR. / RALEIGH, NORTH CAROLINA 27615 / 919-8.70-1b65 F vvnr? Q 9 Michael F. Easley ?G Governor o ? p co William G. Ross, Jr., Secretary Department of Environment and Natural Resources Q 'C Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality May 29, 2002 DWQ Project # 02-0592 Wake County Page 1 of 2 Son-Lan Development Company, Inc. c/o: Mr. Lanny Clifton, President 5160 NC42 West Garner, NC 27529 Subject Property: South Creek Subdivision, Phase III, Garner, NC PIN No. 1710-.20-91-1098; 31 acres Mahler's Creek [03-04-02, 27-43-9, C NSW] APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 26 .0233) with ADDITIONAL CONDITIONS Dear Mr. Clifton: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.28 acres of forested wetlands, 208 feet of perennial streams (136 feet of Mahler's Creek ("Crossing 1 ") and 72 feet of an unnamed tributary stream ("Crossing 2")), and 17,472 fe (11,063 ft2 "Crossing 1" and 6,409 ft2 "Crossing 2") of riparian buffers to construct the two proposed road crossings at the subject property as described within your application dated April 10, 2002 with revisions dated April 23, 2002. After reviewing your application, we have determined that the wetland impacts are covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3375. This Certification allows you to use Nationwide Permit No. 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers as required under the Neuse River Buffer Protection Rules (15A NCAC 213 .0233). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) Erosion and Sediment Control Permit and Neuse Buffer Rules (15A NCAC 2B .0233). Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. . This approval is only valid for the purpose and design that you described in your application except as modified below. 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 is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the DWQ General Water Quality Certification No. 3375, Neuse Buffer Rule and any additional conditions listed below. Conditions: 1. Stream Mitigation You are required to mitigate for the cumulative perennial stream impacts. The length of stream mitigation required to compensate for the impacts shall be 208 feet as required under this Certification, 15A NCAC 2H .0506 (h) and DWQ General Water Quality Certification No. 3375. You are required to submit to and have approved by the DWQ a stream mitigation plan that satisfies this mitigation condition prior to impacting any surface waters approved under this Certification. The mitigation plan shall be submitted to the DWQ Wetlands/401 Unit. 2. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ 3. 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. 4. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 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 no practical alternatives determination as required under the Neuse Buffer Rule (15A NCAC 2B .0233). If you have any questions, please telephone Mr. John Dorney at (919) 733-9646. Sincerely, t J. Thorpe, P Q, Acting Diq Attachment: General Water Quality Certificatio-"o. 3375 Certificate of Completion Cc: Steve Mitchell, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office, 6508 Falls of Neuse Road, Suite 120, Raleigh, NC 27615 Neal C. Floyd, Neal C. Floyd & Associates, 7908 Audubon Drive, Raleigh, NC 27615 Jerry T. Dalton, Dalton Engineering & Associates, 446 East Main Street, PO Box 426, Clayton, NC 27520 File Copy Central Files DWQ 020592 May 29, 2002 :MORANDUM J: John Dorney Regional Contact: Steve Mitchell Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name South Creek Phase III Project Number 02 0592 Recvd From APP Received Date 4/16/02 Recvd By Region Project Type road crossing County Wake County2 Region Raleigh Stream Impacts (ft.) Feet Req. Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Type Type Impact Score Index Prim. Supp. Basin Req. 14 Stream O Y O N 27-43-9 r C NSW x30,402. 0.29 208.00 F r? Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: Q Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue? Total of road crossing jmnact is over 200 feet. Perennial streams????? If so we need mitigation If not OK cc: Regional Office Page Number 1 Central Office Date: Triage Check List To: RO Steve Mit h ll Lt P t N c e ?FRO Ken Averitte rojec ame DWQ Project Number f_2 ?WaRO Deborah Sawyer County ?A (21 - ?WiRO Joanne Steenhuis ?WSRO Jennifer Frye ?ARO Mike Parker ?MRO Pete Colwell From: C(/ Telephone (919) 733- - 97.)-/ The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetl determination and distance to blue-line surface waters on USGW topo maps inimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman) VitigaPn filltion Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concerns 3 Comments ?.:. r - .t c 14:: Dalton Engineering .................................. . and Associates, P.A. 4/23/02 To: NC DENR Division of Water Quality Wetlands/401 Certification Unit jo 1650 Mail Service Center Raleigh, North Carolina 27604-2260AR2 4M Sub: South Creek Subdivision # Garner, NC L F This is in response to your memo dated 4/18/02 to Son-Lan Development Company, Inc. and is provided on behalf of the Developer and the Soil Scientist. The three items of concern are addressed as follows: The original plan used three pipes with an inlet invert of 243.2. The stream bottom at the pipe entrance is at 244.2. Therefore, the three pipes were buried approximately one foot into the channel bottom. It is now proposed that the two outside pipes, of the three pipes in the channel, be raised to 244.7 or 1.5 feet above the center (lower) pipe. This would concentrate low flow in the center pipe, as requested. We have used HecRAS to verify that the new alignment would pass all design storms at a lower elevation than the previous plan since the pipes are no longer buried to one foot depth. It would be detrimental to raise the pipes much higher than the 1.5 feet because of the concern for back-water onto upstream properties. The fourth pipe was placed on the floodplain in order to promote some level of flow over the floodplain in an effort to simulate natural conditions. 2. The "extra" line on Lot 29 was a mistake and has been deleted. This should address your concern for access to the lot. The second stream in the phase east of the "phase line" does show up on the Wake County Soil Survey and will be addressed if the developer, Son-Lan Development Company, Inc., can acquire the additional land. At this time they do not have the potential for developing that parcel because they do not own the land. The map, as drawn, is an indication of the proposed use, upon such time as they can acquire ownership. However, we have indicated that a buffer is required on Lot 5, adjacent to that stream. Thank you for the quick response that you gave this submittal. Jerry T. Dalton 446 East Main Street -P.0, Box 426- Clayton, NC 27520-(919) 550-4740/Fax (919) 550-4741 \o?QF W A T ?9QG o < Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality April 18, 2002 DWQ # 02-0592 Wake County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Son-Lan Development Company, Inc. 5160 NC 42West Garner, NC 27529 To Whom It May Concern: On April 16, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands for the purpose of a road crossing in Wake County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show the following items on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. 1. Please describe how the crossing of Mahlers Creek will allow for a low flow channel and will not destabilize the stream. Specifically, can two of the culvers be raised to the bank full elevation of the creek and the third placed in alignment with and one foot below the substrate elevation of the creek to allow for a low flow channel 2. What is the intention of the lot between lot 29 and 30? If this lot is intended to be built on, is an access drive proposed and where will it be located? 3. Please be aware that a second stream is showing on the Wake County soil survey in the phase east of the "phase line" depicted on the plans. This stream is subject of the buffers unless an onsite determination by the DWQ is made. Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. ?,)f? " - 1_7 ?j orney ter Quality Ce if cation Program JW n D cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Central Files File Copy Neal C. Floyd O ENR North Carolina Division of Water Quality, Wetlands/401 Certification Unit 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) Ph: (919) 733-1786, Fax: (919) 733-6893, http://h2o.enr.state.nc.us/ncwetlands/ 0101 9 2 1 113102 oi-k6qd s UkAL? ? /?- )-. (-7 Ls RE.. S5tAcJ1p-Qk OA41-7m bw Cfo5c>'\ t-t& (CT0 `?- o?lr; 4-C ?C_f? P c?? c?? ?-e -??- ?t? ?ar? po?.d c asst ? '?s a cam- vs-Q,?k- '? s s.G^-Ps " A 0? cycf f-p-x I ?sd 'Co `Ae," Sv?o oc? C> ON"?S ',"A."r -S I m A?v tv'.e- Neal C. Floyd & Associates: w E,,. 7908 AUDUBON DR. i RA_r"_IGH. NORTH CAROLINA 27615 i 919 970 7865 I Neal C. Floyd & Associates, Inc. AIso 'i clu d ? s o? -? l s d d W O- av?' MO-h US k-01-5 a?,Qj ten- oLrov? c-`'? r •? Q; ?s a.? o.d?-'?i c? dL?.S +?"? ? s ? no (0 ," r . M 1 \ rel ,1J ?.t' C,?,, 'o1S o,J' e. 5 to a? ?? . c ?- oY- o(-- d,-?so--A-SS' , ro aAkb?^- Gl?v?jw\ I 7908 AUDUBON DR / RALEIGH, NORTH CAROUNA 21615 1 9.9-870-7865 ¦r • •rl 56? \ •I • • ( /Y) • F Q?) C:: cc?/, SOUTH SCALE : U. S. G. S. GREEK SUBaV1SibA = 1000 QUADRANGLE - GARtXF, , N.6, 3 • i e n r Q'e m 21 31 00 ?y- ?? Wednesday, April 10, 2002 U. S Army Corps of Engineers Division of Water Quality - 401 Wetlands Certification Unit 2321 Crabtree Blvd. Raleigh, NC 27604-2260 To whom it may concern: Neal C. Floyd and Associates and Dalton Engineering and Associates, PA have authorization from Son-Lan Development Company, Inc. to act as their agents on matters of concern pertaining to wetlands/401 certification on South Creek Subdivision Phase Three located off NC 50 on Foxbury Drive, Wake County, NC. Truly yours, ILZ2n, President Son-Lan Development Company, Inc. Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit Section 10 Permit 401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: OOP ?4 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: E 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: 11. Applicant Information 2. Owner/Applicant Information Name: S D(\- L 6-?1 Mailing Address: [;I (on _ Telephone Number: -73 3 - 830 E-mail Address: Agent Information (A signed and dated copy of the Agent Authorization attached if the Agent has signatory authority for the owner/applicant.) Name: W-Pol C. (0 Company Affiliation: S C Mailing Address: O letter must be Telephone Number: 22--(o_1 Fax Number: /0"1(0- 5395 E-mail Address: Fax Number: Page 3of12 Ill. 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 properly 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'] I 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: S QUA n iff ?1_ ,D 1 ,"e 2. T.I.P. Project Number (NCDOT Only): n 3. Property Identification Number (Tax PIN)-. I I " . 2d - "1 Oq 4. Location ?? " County: wGLKx Nearest Town: Go-rtn_zr Subdivision name (include phase/lot number): SQL.1 MCfesr_V__-M Directions to site (include road numbers, landmarks, etc.): i . k .? I - k- A - - - r- - - i - 'T` _, T Site coordinates, if available (UTM or Lat/Long): (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. Describe the existing land use or condition of the site at the time of this application: 5U_bCU\J I Si av1 Corn !??-o?:r c 7. Property size (acres): PKQ&__1E: 3 8. Nearest body of water (stream river/sound/ocean/lake): MpV\yQXS C (Jea-V- 9. River Basin: oelkse, (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hitp://h2o.enr.state.nc.us/adniin/maps/.) Page 4 of 12 10. Descri be thepu pose of the proposed work: rOO.C? Cam' foSSi l?4 S ? OkaL sS Ob4o-? 111 11. List the type of equipment to be used to construct the project: 5 - r00A IV. V. VI 12. Prior Project History S? &AS 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. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: f)0 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 evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 1. Wetland Impacts Wetland Impact site Number (indicate on map) Type of Impact' Area of Impact (acres) Located within 100-year Floodplain" (yes/no) Distance to Nearest Stream (linear feet T Wetland • • 12400S PS s 364SF A: I'M ref 1 S • List each impact separately and identify temporary impacts. impacts mctuuc, uui arc „0, ,,,,,,,e. ...,•E- E ° "'E " excavation. flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ' • 100-Year Iloodplains are identified through the Federal Emergency Management Agency's (FF.MA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local Iloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-338-9616. or online at hnn:ihv++++.Icma.LU+'. •'• List a wetland type that brst describes wetland to be impacted (e.g., freshwater/saltwater marsh. forested wetland. braver pond. Carolina Bay, bog. etc.) (`?? List the total acreage (estimated) of existing wetlands on the property: n ` 4cige bu ?- 4tA? Total area of wetland impact proposed: ?n 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact' Length of Impact (linear feet) _ Stream Names' Average Width of Stream Before Impact Perennial or Intermittent? t (please specify) r crs, t 3(o V 0-h C- evtn;a Z ro CXS u.? Ar'b fio ' ?w n i p- M i " List each impact separately and identify temporary impacts. Impacts include, but are not nmtea to: cunens anu associatcu rip-tap. 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 ++++++.u?Y;.¢w. Several internet sites also allow direct download and printing of USGS maps (e.e.. ++++++.ntptritme.;um• +_.++++.tnurxtuest.runt, etc.). 1 r Cumulative impacts (linear distance in feel) to all streams on site: 2OS 'Tpr ?oq-,(,q I Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact' Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) • cu List cacn impact scparamy anu 1ucnuip 1cmyVimY 11IF-- .-F......, .,,.. ..._ ..... ..... -?---.......... Ilooding, drainage. bulkheads. etc. 4. 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 0 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, accessibihty, 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. 6 Page 7 of 12 V111. Mitigation DWQ - In accordance with I SA 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://h?o.enr.state.nc.us/ncwetIan(is/strnigide.hinil. 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. Page 8 of 12 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at htlp:_h?u.r?,r^s?atr.nr.u>>?rp irnl?? ??tm. 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. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state local) 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 (NF:PA/SFpA)? 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 n X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) 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 V11 above. All proposed impacts must be listed herein. and must be clearly identifiable on the accompanying site plan. All buffers must be sho%-.n on it 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 1 SA NCAC 213 .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )`? Yes Dd No 0 If you answered "yes", provide the following information: Page 9 of 12 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. Gro55? ^? t ? Zone' Impact (square feet) Multiplier Required Mitigation t 5 PAJ cs5acl 3 2 262 11,244 WID l.s Total . ' pb5 OQ ' Lone I eXtenas out 3u teel perpenaicutar born near DanK oI manna; [.onc a C.-IcnU5 nn additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or..0260. X1. Stormwater (DWQ Only) 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. 399, 5 V 1 C;+"J Tndn&,J1'0U% ° 17, 4 ?IMu Z f i - t.lL W o, <. ( S 5. 1 3 •2 O 2-94T CQS 5Ff (? i ?ta/icc^ hj,_ p?n1C?uS ? S OS1 -)I X11. Sewage Disposal (DWQ Only) 9.4cac-(e: \r\, ?&A ?v IV-e- oAaa 6a wLh*( - bLA4 tok Ttr?? to CvotrAt- 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. iDt?O? 1 G Saw-" X111. Violations.(DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes [] No 0 Is this an after-the-fact permit application? Yes E] No " Page 10 of 12 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). ne?tl<. D bZ Applicant/Agent's Si ture Daie (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk I51 Panon Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufon Currituck Jones US Army Corps Of Engineers Berrie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Hamen Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancev Wilson Yadkin •Croatan National Forest Only Page I I of 12 US Fisl US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 larine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator 3855 Idlewild Road Kernersville, NC 27284-9180 Telephone: (336) 769-9453 Mountain Region Coordinator 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 Telephone: (828) 452-2546 Fax: (828) 506-1754 i and Wildlife Service / National M US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1 195 Alleghany Caldwell Watauga Ashe Mitchell Wilkes Avery Stokes Burke Surry Buncombe Henderson Polk Cherokee Jackson Rutherford Clay Macon Swain Graham Madison Transylvania Haywood McDowell Yancey Page 12 of 12 Cr JLIi??_ - ?H ET NUM 86 ?? \ CIC3. ce Z . ° CeB2 e? aL PQ CeB2 _ PC CeB2 ApB2 P 3F k f' APB2 ?. _3 ppG2 ?.. -\ C PC2e Y '! w ApC2e CeC2 CeB2 e s i. A?C2( f ? .. ° C F ?? APB2 A$B'` '• I y '?" ? ti: _ ?• ? • ? FpR ApB2 , ApB2 APB e s LdB?, . CeC2 Ao C? /o CeB2 CeC2..? s WeC2 m LdC2 ?f . ? - s; ?? $ F EnC ppB2 Ce62 CIE3 " ?.e t?OL / CeC2 ApC2 -74- WmC2 - /•- CeF 11 < Me oG a \\? ?.? Ape= deg CeC2 c?3 Q ?, h' r` wi ? r i '::c, APB2 / ? Ce62 ` y.: LdC2 CeC2 ? loci ` .. -, PQG APB2 ?? . , -"^9 t e , Ceb2 n. CeC2 } `% , ., s WmC ?' .ApC2 ?? m \ r„. 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CF GOm Cad , : 7''t t "7r{??2 APB Y, jT. a APC WaC Nob ?.. p ? r WaB NoB CeF MEMORANDUM TO: John Dorney Regional Contact: Steve Mitchell Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name South Creek Phase III Project Number 02 0592 Recvd From APP Received Date 4/16/02 Recvd By Region Project Type road crossing County Wake County2 Region Raleigh Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. F 14 Stream O Y O N F__ 27-43-9 ?C NSW 30,402. 0.29 208.00 F- NBR Buffers Y O N F- -F-F- 30,402.F [-- I - F__OY ON F-F-F-F-I I -F- F__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: OQ Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue? Total of road crossing impact is over 200 feet. Perennial streams????? If so we need mitigation $$$$.. If not OK cc: Regional Office Central Office Page Number 1