HomeMy WebLinkAbout20020592 Ver 1_Complete File_200204160
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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
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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.
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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. ``
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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
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Neal C. Floyd & Associates:
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7908 AUDUBON DR. i RA_r"_IGH. NORTH CAROLINA 27615 i 919 970 7865
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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
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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