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HomeMy WebLinkAbout20001063 Ver 1_COMPLETE FILE_20000811State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director • • A 4 IT NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 17, 20000 County Wake DWQ Project # 001063 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Town of Wendell Post Office Box 828 Wendell, NC 27591 Dear Sirs: You have our approval, to construct a waterline for the Town of Wendell along SR 2329, SR 2353, SR 2354 and NC231 as you described in your application dated July 31, 2000. After reviewing your application, we have decided that this project is covered by 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, Coastal Stormwater, Non-Discharge and Water Supply Waiershed regulations. Also this approval will expire when the accompanying 404 or CAMA 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. If you change your project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. If total wetland fills for this project (now or in the future) exceed one acre, 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. 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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 John Dorney at 919-733-9646. Sincerely, rr T tevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Peter Jelenevsky: S&EC Division of Water Quality - Wetlands/401 Unit 1621 Mail Service Center - Raleigh NC 27669-1621 -Telephone 919-733-1786 - FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post consumer paper & Environmental Consultants Inc. 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 Web Page: www.SandEC.com- e Transmittal To: 70 k w bUT K e D VV Q W401 /Zee.o(,y Crt-e4 koa Project #: 00-55-q2_ Date: 10 2 0o-0 Project Name: Wt,ld e I ( ?I/?I?,t ?? ?,,? Z mb r gwl"J' i a k Al C 21607 File: We Transmit to you Herewith: Under Separate Cover: 72!?__ Drawings ? For your information and files By mail Specifications ?? For comment or approval -,X By courier Brochures or photos Returned for correction, resubmit By express Correspondence Approved as noted As per your request No. Copies Document No. Date Description pc lJ A,o p 1; c o f i on/ L w, p-t c.,f F- v r•,,- s r. __.`` ;?rsion/ of L?+ 0 2csovrcEs Lc 17tA WETLANDS GtuiJP Remarks: = ha?e v s'o forwa,Wea( cvq of the 4,pb'eet, -ten/ 4-0 SAC?c h'!1?CAco 4't the Pee ;o.v-1 d tce per ti? s P_aato S If enclosures are not as listed as above, kindly notify us at once. By: &I-tK 7Cle Ae?-Sk Wetland Deli neat ion/Pennitting/Mitigation ' Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species Charlotte Office: (704) 516-3922 • Hickory Off-ice: (828) 312-7902 Environmental Consultants, Inc. : Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467 Mr. Todd Tugwell U. S. Army Corps of Engineers Raleigh Regulatory Branch 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 T %igi_r??a(?`; Mr. John Dorney N.C. Division of Water Quality NCDENR 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Proposed Wendell Waterline Improvement Project, Wake County. Pre-Construction Notification Application for a Nationwide 12 Permit and Courtesy Notification of Exempt Neuse Buffer Impacts. S&EC Project No. 00-5542. Dear Mr. Tugwell and Dorney, Soil & Environmental Consultants (S&EC) is submitting on behalf of the town of Wendell a Pre- Construction Application (PCN) for proposed temporary impacts to waters of the U.S., including wetlands that will result from the installation of a 30,000 linear foot water supply line. Temporary impacts are proposed to several unnamed tributaries located along the proposed route. The proposed waterline route is located parallel to Marshburn Road (SR 2329), Morphus Bridge Road (SR 2353), Lions Club Road (SR 2354), and Selma Road (N.C. 231), Wendell, Wake County, North Carolina (see enclosed USGS vicinity map). The aforementioned unnamed tributaries drain into the Little River and Buffalo Creek. This project is located within the Neuse River Basin. The proposed temporary impacts pertain to the installation of a 10-inch to 12-inch pressurized PVC water supply line that because of highway infrastructure constrains (i.e. bridges, culverts) has been designed to cross eight individual stream channels/linear wetlands. Construction will be completed within the current N.C. DOT rights-of-way and the proposed temporary stream impacts will be located within 5 to 10 feet of existing highway culvert/bridge structures. The construction corridor located outside of Waters of the U.S. and within the road shoulder will be limited to 30 feet wide. Channel excavation will be limited to a Moot wide trench and any required clearing will be limited to 10 feet from structures. Following the installation of the waterline, the grade will be returned to pre-construction contours and stabilized. Based on the 3-foot wide trench excavation and 10 foot maximum clearing limit within waters and the existing widths of the individual crossings, approximately 50 linear feet or 0.003-acre (130 square feet) of waters of the U.S. is proposed to be temporarily impacted by excavation and vegetation clearing to accommodate the waterline installation. The proposed Wendell Water Line Improvement Project stream crossings were delineated by S&EC on 20 July 2000 for the purpose of identifying widths and specific locations of waters of the U.S. that would be temporary impacted as the result of the proposed waterline route. Other waters/wetlands located along the alignment are to be avoided by installing the water line within the road fill and beneath existing culverts/drainage structures. Please note that this is not a notification for a 401 certification. In addition, Land Quality has delayed the sediment and erosion control permit review until an official letter from DWQ has been submitted confirming Neuse Buffer status subject to the proposed alignment. This seems unnecessary and unreasonable since under the non-electric utility line provision within the Neuse Riparian Buffer Rules Table of Uses (15 A NCAC 2B .0233, Section 6) describes that perpendicular clearing of the buffer that does not exceed 40 linear feet as an exempted activity. Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species Charlotte Office: (704) 516-3922 - Hickory Office: (828) 312-7902 For any questions or additional information regarding this permit application, I can be reached at 919/846- 5900. Sincerely, Soil and Environmenta d--I- .4----"' Peter A. Jelenevs Biologist Enclosures: 1) PCN Application 2) Knighdale and Zebulon, North Carolina 7.5-minute USGS Topographic Quadrangle. 3) Impact Maps-5 Individual Impact Sheets 4) Impact Table 5) Agent Authorization Form DWQ ID: Corps Action ID: Nationwide Permit Requested (Provide Nationwide Permit ft 12 Pre-Construction Notification Application For Nationwide Permits that Require: 1) Notification to the Corps of Engineers 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management Send the original and (1) copy of this completed form to the appropriate field office of the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to the NC Division of Environmental Management (see agency addresses sheet). PLEASE PRINT. 1. Owner's Name: Town of Wendell 2. Mailing Address: P.O. Box 828 Subdivision Name: City: Wendell State: N.C. Zip Code: 27591 Project location address, including subdivision name (if different from mailing address above): Linear water supply pipeline (30,000 linear feet) that will be installed within 5 feet of the edge of pavement along Marshburn Road (SR 2329), Morphus Bridge Road (SR 2353), Lions Club Road (SR2354), and Selma Road (N.C. 231), Wake County, North Carolina. 3) Telephone Number: 919/365-4444 4) If applicable, agenfs name or responsible corporate official, address, phone number: Soil & Environmental Consultants Inc. 11010 Raven Ridge Road Raleigh, N.C. 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial photograph with scale): See enclosed USGS topographic map County: Wake Nearest town or city: Wendell Specific Location (include road numbers, landmarks, etc.): See previous description and USGS map. 6. Impacted or nearest stream/river: Unnamed tributaries of the Little River and Buffalo Creek. River Basin: Neuse 7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS- II)? YES ? NO ® If yes, explain: 7b. If the project is located within a North Carolina division of coastal management area of environmental concern (AEC)? YES ? NO 7c. If the project is located within a coastal county (see page 7 for list of coastal counties), what is the land use plan (LUP) designation? 8a. Have an Section 404 permits been previously requested for use on this property? YES ?y NO ® If yes, provide Action ID number of pervious permit and any additional information (including photocopy of 401 certification). 8b. Are additional permit requests expected for this property in the future? YES ? NO ® If yes, describe anticipated work: 9a. Estimated total number of acres in tract of land: 28 acres 9b. Estimated total number or acres of wetlands located on project site: 0.003-acre 10a. Number of acres of wetlands impacted by the proposed project by: Filling: Flooding: Drainage: Excavation: 0.003-acre Other: Total acres to be impacted: 0.003-acre (Temporary) 10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: 50 feet After: 50 feet Width Before (based on normal high water contours): 13 feet Width After: 13 feet Average depth before: N/A After: N/A (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: ? Placement of pipe in channel: ? Channel Excavation: ® Construction of a Dam/Flooding: ? Other: perpendicular 10-inch to 12-inch PVC water supply line installation 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A 12. What is the expected pond surface area? 12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans 8 1/2" x 11" drawings only): Installation of a 10 to 12-inch PVC water line within current N.C. DOT rights-of-way. Excavation of waters of the U.S./wetlands is required for installation where culverts limit alternatives. Excavation will be limited to a 3-foot wide trench and vegetation clearing within waters will not exceed 10 feet. Equipment utilized will consist of typical construction equipment (i.e. excavators, backhoes, frontend loaders, ditchwitch). 13. Purpose of proposed work: Installation of a water supply line. 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): For the purpose of installing the water line temporary excavation is proposed. Water pipeline route is constrained along the proposed route by existing road infrastructure at 5 individual stream crossings. Limiting structures include existing shallow concrete culverts. Stream crossings that are proposed for temporary impact will be returned to pre- constructions contours as much as is feasible. No fill or modification of existing waters of the U.S. is being proposed. 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: (attach responses from these agencies). Performed 12y Corps 16. You are required to contact the state historic preservation officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date contacted: Performed by Corps 17. Does the project involve an expenditure of public funds or the use of public (state) land? YES ® NO ? If no, go to 18. a. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? YES ? NO b. If yes, has the document been reviewed through the North Carolina Department of Administration State Clearinghouse? YES ? NO ? If answers to 17b is YES, then submit appropriate documentation from the state clearinghouse to division of environmental management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the State Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should be included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams (intermittent and permanent) on the property must be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. b. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. d. Attach a copy of the stormwater management plan, if required. e. What is land used of surrounding property? Residential, agricultural and commercial. f. If applicable, what is proposed method of sewage disposal? municipal g. Signed and dated agent authorization letter, if applicable. NOTE: Wetlands or Waters of the U.S. may not be impacted prior to: 1. Issuance of a Section 404 Corps of Engineers Permit, 2. Either the issuance or waiver of a 401 Division of Environmental Management (Water Quality) certification, and 3. (in the twenty coastal counties only) A letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management program. da vs T z a Owner's ens g Date (Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g•)) 08/09/2000 10;31 9193659367 08/09/2000 09;50 FAX 919 239 8031 i TOWNOFWENDELL UNIX k CREED PAGE 02 2002 - - & ?av'it?o?una?.ernW GOnsill' ntsp truce Sall 1SOto Rm ft XAp WMA • RIW* ft* CWAbS =14 16000 VW"4- oo • PWU (919) Ms~ A== A=0=ATUX4 FOW BL]ce To.. M1]d rj Town of Woodall • _ ?„ P.0 Box 828, Waudell. SC, 27591 (9.19) 365 4444 - Phone: !• p K Na?oois?? To of vandal W4t4r 9 yetea snroyem atd - '- DMbe:.......... --mQUat 9 &200 TM Depamnt"ttt of MA Amy , • U.9. Asw C.mW o! W*utVm D4*4t . P.O. B" • ' wbm, NC Boa Attn: "Mr. Todd Tugwel l - ' Pl ld OHbes VA1.8 CHH n •A'iCRY 1; MW OfF?ICB ' Ra: Wetm+ds %dated CSoaastsft and PsmdWni TO Wbm n it may C4ne'¦m, LAW cuaartt? awuec,>sesrby dal?aabe nett authonld4a 9d1 A Ytaviraetimenbl Caa , Isrc. ba ? . a? ? m.T ar ahr •grett f?+ Ru psveaue#?g of p?sadt appilc;attos?, bo l+as?nleh u!? 9 scrpp ?til selon ist rapport al oppH a*, a l& day fcrWW . Tha th*da7 of August 2000' ! ?hie tldt &m%tjm saprresda ravinum comes ? e a to= flue =W P ?B tfitip NCVnM Thle eitettta:bWtd , w-ft 7 m4 profeenkmd camYtea wn* b fw bo ast oWdtb 10 MW 60 Pfopaly wI aaeo Wkw SUN. Y tali saw to =map o.dbe m? pdw io PldS am A&- r .'Town of Wendell ?t I?r+dlldt? **,we* Nanm ? T'" " s • xa Mr.,1?uL1Is,?, T_Q- Manager w bit. PdwA. jakranhy N ?°CDBNR'?' +?- DD?''q Wahm Qw tY Flawft &M & Flnvh 0maita conaul enb, kwc "m R4004 r cm* Road 11010 ]Atari Rldp Read Raieigl„ N? VW a PAWS110 NC ?9624 ' .pne?r? akd.?d ----""0 10A. ? 4d1I8?>rvnt?dont oa?1?? hp ayamma w nyxma ?? AM+at?nu l a ` N«w 3Mb1 WIN 300 Whhubw Comae ftwWw QMrklb Oi!!sr CJOe) alts.ef?s • UW=y WON QM 31&7902 PROPOSED TEMPORARY IMPACTS-WENDELL WATER LINE IMPROVEMENT PROJECT Crossing Stream Name Stream Impact Width Impact Width (ft) Area (ft) (includes Or) clearing and excavation A Unnamed tributary of Little 2.0 10.0 20.0 River B Unnamed tributary above Lake 3.0 10.0 30.0 Johnson-Wendell C Unnamed tributary of Little 1.0 10.0 10.0 River D Unnamed tributary of Buffalo 5.0 10.0 50.0 Creek E Unnamed tributar y of Buffalo 2.0 10.0 20.0 Creek TOTAL 50 130.0 IMPACT ?// ny, • ` ?1 ff:???r)?? \i ?z =..& 'I ? f , ??i.? ) `\ r' T ?'4?t f?/ f 7 ? t ! ` ",r fI r j f Its, c v.t?. 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YL ?,? -? ?J. \ t I^r• NLGHTDgLE N.C. 1- = 2000 WENDELL WATERLINE ZEBULON, N.C. 35078-G3-TF-024 3507819B7 TF-024 0 2000 2000 FEET IMPROVEMENT PROJECT 1968 PHOTOINSPECTED 1988 KG OW g7 PHOTOREVISED 1981 0 GRAPHIC SCALE + 1 50' 0 0 50 100 CROSSING A 0 2' STREAM CHANNEL - - _ ARSNgUR FI ----------------- 2328 ?M o SR -- _-?? - 2'x3'T JUNCTION 0 L--INSTALL 12" D.I. WATER LINE MIN. 5' OFF END OF EXISTING 36" RCP. SEE CROSSING CLEARING LIMITS STA. 67+50 TO STA 71+50 DETAIL "A". SHEET D1. CONTRACTOR SHALL LIMIT CLEARING 0 THE MINIMUM REQUIRED TO CONSTRUCT W TER LINE PROJECT NO. SCALE SHEET TITLE: - 60` WATER SYSTEM IMPROVEMENTS PROJECT MOR. FIELD WORK K.M. P.J. PROJECT NAME: MdOM a CREED ?A1 AYftY1p?M??+??*? T? Soil ?A} W Eii??1t? li Viilllf enW C ants u ? 0 DRAWN BY FILE Vl.lalL1? , ( j. M.M. \\SEC\SECFlLES - TOWN OF WENDELL - IIJ1 bMfUV*bW Rid0.1?0iMVW K,S900 [+=(q(4/j1b?167 WAKE COUNTY NORTH QNMNA \6542\CROSSING A JULY 2000 GRAPHIC SCALE 1 " = 50' 0 50 100 CROSSING B 3' STREAM CHANNEL MORPHUS BRIDGE RD I oZ - Q o EXISTING 30" PINE CONTRACTOR SHALL FIELD ADJUST LOCATION OF WATER MAIN TO AVOID DAMAGE TO TREE PROJECT W. SCASE 1' - W W42 1 PROJECT MGR R D WORK M.M. %\SEC\smnu S \5642\CROww B TRLE: ROCK HEADWALL-/ I 0 (4) 45' BENDS INSTALL 10" WATER LINE MIN. 5' OFF END OF EXISTING 60" RCP. SEE CROSSING DETAIL "A". SHEET D1. WATER SYSTEM IMPR0Y6tEWM MMM ! CREED - TOWN OF WENOaL - WMfE COUM NORM CWUM JULY 2m 10" PVC WATER LINE Soil & EnviromentSl Consultants, Inc. WebP"wwwAmWA= O O GRAPHIC SCALE 1"=50' 0 50 100 CROSSING C 1' STREAM CHANNEL Mii SR 2354 LIONS CLUB RD. ail N PED INSTALL 10" WATER LINE MIN. 5' OFF END OF EXISTING 30" RCP. SEE CROSSING DETAIL "B". SHEET D1. 'RDJECT NO. SCALE 1' W 'ROJECT WM FIELD WORK 3L P 1 IRAWN BY FILE I.M. \\SEC\SECnLES \5512\c c SHEET TIRE: WATER SYSTEM IMPROVEMENTS MCgM ! CREED - TOWN OF WENDELL - WAKE COUNTY, NORM CAROLINA JULY 2000 3 0 J a X a EXISTING HOUSE (TYP) 10" PVC WATER LINE Soil & Environmental Consultants, Inc. uffilkl l4pla1 I&ANACbotwsM tbaw(fIII)SWO AwM$~ Wabhpwww.lrWA= 0 0 ur) NOTES 1.CONTRACTOR TO VERIFY SIZE, DEPTH, MATERIAL AND LOCATION FOR ALL UNDERGROUND UTILITIES PRIOR TO THE START OF CONSTRUCTION. 5' STREAM CHANNEL I;nn 9111 (4) 45' BENDS - -- INSTALL 90 LF 12" WATER LINE MIN. 5' OFF END OF EXISTING (2) 30" RCP. SEE CROSSING DETAIL "A". SHEET D1. 8' OFF EOP 12 LF NCDOT CLASS I RIP RAP (18" MIN. DEPTH) SEE DETAIL SHEET D3. TYPICAL FOR ENTIRE DISTURBED AREA. GRAPHIC SCALE 1 " = 50' 0 50 100 MEN* CROSSING D cn ?n r? cn c? fTl rnJ -1 + O O PROJECT NO. SCALE SHEET TRLE: WATER SYSTEM IMPROVEMENTS name T MOR. FlELD WORK Ut P.J. PROJECT MW- MaaM s cREEn Soil & Envfimmentd Consultants, Inc. )FL1WN BY FILE A.M. \\SWG SWMES - TDWN OF WEMELL - uffie mm*bw LMw"QObl=w ftwOmMM ftvms1bm \5542\CROSSING D WAKE COIR M ?? CAROLINA WiDir?er+IrWI?lwIB AM JULY 2000 GRAPHIC SCALE 1"=50' 0 50 100 CROSSING E 2' STREAM CHANNEL e OPTIC NOTE 1) NC 231 SELMA RD. 12" D.I. WATER LINE INSTALL 12" WATER LINE MIN. 5' OFF END OF EXISTING 24" RCP. SEE CROSSING DETAIL "B". SHEET D1. PKQIEC:T NO. SCALE t' ". W42 I PROJECT MGR FIELD WDRK M.M. I \\SEC\SECnMS \5542\CROSSING E SHEET TTRE: WATER SYSTEM IMPROVEMENTS PROJECT NMIE: MMM ! CREED - TOWN OF WENDELL - WAKE COUNTY. NORM CAROLRN JULY 2000 Soil & Environmental Consultants, Inc. Umbmpmp d bid 6? p117i16 O Am:Q114pf6916! /8/10/2000 10:54 rAA y1y LJJ OU.31 minim a .1tn,L r?-- NORTH CAROLINA DEPARTMENT OF . ENVIRONMENT AND NATURAL RESOURCES RALEIGH REGIONAL OFFICE "GE., t/ AY /? tP' DIVISION OF LAND RESOURCES May 18, 2000 Town of Wendell P. O. Dox 828 Wendell, N. C. 27591 Attn: Ira C. Fuller, Town Mgr. RE: Town of Wendell Wtr. Imp. Wake County Neuse#1/ 03-04-02 Dear Ms. Fuller: This office has received an Erosion and Sedimentation Control Plan for the subject project as required by the Sedimentation Pollution Control Act of 1973. We have performed aprelimmary review of your plan and have noted apparent buffer encroachments subject to the Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B .0233). This rule applies to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River Basin with forest vegetation on the adjacent land or "riparian area". In riparian areas with existing forest vegetation in the fast 30 feet directly adjacent to the stream; the rule prohibits land disturbance, new development and fertilizer use within the first 50 feet of land next to the water. In riparian areas with forest vegetation that is less than 30 feet wide, the rule prohibits land disturbance, new development and fertilizer use within the area that contains forest vegetation (but not the entire 50 foot riparian area). Encroachments on the protected buffers require written approval by the Division of Water Quality (DWQ). In light of the apparent buffer encroachments shown in your plan, we cannot consider your application complete until we receive a copy of your DWQ approval or statement of exemption from the rule. Therefore, we cannot initiate our 30-day statutory review time period until your application is complete. For more information about this riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or DWQ in our regional office at 919-571-4700. By core of this letter we are notifying them that your project will need their attentio Upon receipt of your DWQ paperwork and any necessary plan revis' related to DWQ revim or our enclosed checklist, we will process your application for plan proval as soon as possible. If you have any questions or need additional information, plea do not hesitate to contact us. Your cooperation in this matter is appreciated. Sincer ,. Ho ey, Jr., F Re oval Engineer d Quality Section cc: Ken Schuster, P.E., Div. Of Water Quality ony c im & Creed MAILING ADDRESS: 1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1626 LOCATION: 3900 9ARRETT DRIVE, SUITE 101, RALEIGH, NC 27809 PHONE 919-571-4700 FAX 919-571-4718 U ER PAPER AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1096 POST-CONS M