20010958 Ver 1_COMPLETE FILE_20010625

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O F wATF9pG Michael F. Easley
\ Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 28, 2001
DW Q# 01-0958
Wake County
Jerry A. Hailey, Jr.
P.O. Box 699
Cary, NC, 27512
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Condition
Dear Mr. Hailey:
You have our approval, in accordance with the attached conditions, to place fill in 80 linear feet of streams and .11 acre of Neuse
Buffers associated with an unnamed tributary to Walnut Creek in order to construct the Waldo Street Townes Site in Wake County, as
described in your application received by the Division of Water Quality on June 25, 2001. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3287, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 39 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 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 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 'a valid, you must follow the conditions listed in the attached certification and the additional condition
listed below:
1. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through.the protected stream
buffers.
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 conforming to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly at 919-733-9721.
Attachments
Sin rely,
rr . tevens
cc: Corps of Engineers Raleigh Field Office
Raleigh DWO Regional Office
Ron Ferrell
Central Files
File Copy
Kevin Martin, 11010 Raven Ridge Road, Raleigh, INC, 27614
010958
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)
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Michael F. Easley
Governor
William G. Ross,Jr.Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
. Wetlands/401 Unit
Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650
Contact Information: General 919-733-1786 Fax: [phone]
Fax To: Fax Number: C3G3 -q6&q
Company: -, C,1-& 1-1&5 Date
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From: 3 -4 Phone: `43 3 -?('+Z-u
No. Of Pages including cover sheet:
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Notes or special instructions:
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Division of Water Quality 2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260
Wetlands/401 Unit: [phone]
Fax: [phone]
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 • Phone: [phone] - Fax: [phone]
June 25, 2001
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd.
Parkview Building
Raleigh, NC 27604
010958
RE: Nationwide Permit 39/401 Water Quality Certification/Buffer Compliance Request
Waldo Street Townes Site
Cary, Wake County, North Carolina
(Lat/Long: 035°47'09.1"N, 078°46'40.8"W)
S&EC Project #: 99-4635
NBRRO 99-231
Dear Mr. Dorney and Ms. Jones:
On behalf of Jerry A. Hailey, Jr., Annie Brice, Sarah Payne, and Juanita Hunter
(property owners), we hereby request authorization from the US Army Corps of
Engineers to use Nationwide Permit 39 for the subject project to cover permanent impact
to a stream channel. We also request concurrence from the NC Division of Water
Quality (NC-DWQ) that the project complies with the 401 Water Quality Certification
associated with NWP 39 and the Neuse River Basin buffer rules. A Pre-construction
Notification Application (PCN) is attached, which includes an agent authorization form.
The proposed project, which consists of a residential complex, is located 2 blocks south
of East Chatham Street (SR 1011) on South Walker Street. Please refer to the USGS
topographic map attached for the location of the project. S&EC conducted a detailed
wetland delineation and Neuse River Basin (NRB) Riparian Buffer evaluation on the
property in June 1999. Mr. Steve Mitchell of the NC Division of Water Quality
conducted an on-site determination on September 2, 1999, and found that an unnamed
tributary to Walnut Creek on property was subject (attached). An unnamed tributary of
Walnut Creek separates the northern and southern portions of the subject property,
making it necessary to impact the stream with a road crossing to provide access between
the northern and southern parcels and unify the project. The applicant proposes to
construct a road crossing that will impact 80 linear feet of a 7-foot-wide stream (587 sq.
ft.) and 4741 square feet (0.11 acre) of riparian buffer (see attached map/plan).

Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: [phone]
Fax: [phone]
Y?'N US Army Corps of Engineers
Attn: Ms. Amanda Jones
6508 Falls of the Neuse Rd., Ste 120
Raleigh, NC 27615
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
June 25, 2001
S&EC Project #: 99-4635
Page 2 of 2
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation
to offset unavoidable losses of waters of the US when impacts exceed the requirements
for notification (0.10 acre) or if a discharge to a special aquatic site such as wetlands is
proposed. The applicant requested a detailed delineation of wetlands present on property
prior to site plan development in order to avoid jurisdictional wetlands to the maximum
extent practicable. However, an unnamed tributary to Walnut Creek separates the
northern and southern portions of the property, making it necessary to impact this stream
channel with a road crossing to provide access between the northern and southern parcels
and unify the project. The proposed road crossing is designed to cross the stream channel
at an approximately perpendicular angle. Because the proposed crossing will be
perpendicular to the channel, and because vegetative buffers outside the crossing will be
maintained as required by the NRB Riparian Buffer rules, S&EC believes the applicant
has avoided and minimized impacts and further compensatory mitigation should not be
required by the USACE for this project.
The stream channel on-site is an unnamed tributary to Walnut Creek and is subject to the
NRB Riparian Buffer Rules. NC-DWQ's current policy requires written concurrence for
channel impacts to any stream length in the Neuse River basin under Nation Wide Permit
39. Because the project will impact a total of 80 linear feet of stream channel, S&EC
requests written concurrence that the project complies with the 401 Water Quality
Certification associated with NWP 39. As noted above, the proposed road crossing will
impact less than 150 linear feet of stream channel and less than 1/3 acre of riparian buffer
(80 linear feet, 0.11 acre riparian buffer). Current NC-DWQ policy allows road crossing
without mitigation if the impacts are less than or equal to 150 linear feet of stream
channel or 1/3 acre of riparian buffer. Because the project impacts are within these
thresholds, S&EC believes that riparian buffer mitigation should not be required.
However, if stream or buffer mitigation is required, our client proposes payment to the
North Carolina Wetland Restoration Program.
Sincerely,
Brad Suther Peter Jeri e?vsky
Wetland Scientist/Soil Scientist in Training Biologist
Attachments:
Pre-construction notification form
Site Location Map (Figure 1)
Soil Survey of Wake County (Figure 2)
Wetland Impact Map, Road Crossing (Figure 3)
NC-DWQ "Buffer Subjectivity" Letter (10/12/99)
Agent Authorization Forms (4)
?o
-
-?
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USAGE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.inil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.airny.mil/wetlands/regtour.litm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwettands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 13
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedRetz.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://12o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 13
Office Use Only: 01095 ® Fonn 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
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: 39
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: ?
II. Applicant Information
Owner/Applicant Information
Name: Jerry A Hailer Jr.
Mailing Address: PO Box 699
Cary NC 27512
Telephone Number: [phone] Fax Number:
E-mail Address:
Name: Annie Brice
Mailing Address: 307 Hemlock Street
Carv NC 27513
Telephone Number: [phone] Fax Number:
E-mail Address:
Name: Sarah Payne
Mailing Address: 225 East Park St.
Cam NC 27511
Telephone Number: [phone] Fax Number:
E-mail Address:
Name: Juanita Hunter
Mailing Address: 130 Rainbow Court
Page 3 of 13
Cary, NC 27511
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Peter A. Jelenevsky
Company Affiliation: Soil & Environmental Consultants, Inc.
Mailing Address: 11010 Raven Ridge Road
Raleigh, North Carolina 2714
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: Jelenevsky_(o6andEC.com
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: Waldo Street Townes
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):0764611263, 0764610057
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): Waldo Street Townes
Directions to site (include road numbers, landmarks, etc.): Site is located in downtown Cary
and consists of four individual parcels. The site is bounded to the north by Waldo Street and
to the west by Walker Street. See enclosed site maps.
Page 4 of 13
5. Site coordinates, if available (UTM or Lat/Long): 035° 47' 09.1"N 078°46' 40.8"W
(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: The
parcels each contain a single family dwelling.
7. Property size (acres): +/- 2.5 acres
8. Nearest body of water (stream/river/sound/ocean/lake): UT of Walnut Creek
9. River Basin: Neuse
(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/rnaps/.)
10. Describe the purpose of the proposed work: Install a single road crossing in order to
connect the northern and southern portions of the site and unify the protect.
11. List the type of equipment to be used to construct the project: Typical construction
equipment including but not limited to graders track-hoes front-end loaders, etc.
12. Describe the land use in the vicinity of this project: Commericial and high density
residential.
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.
Page 5 of 13
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 current
application: N/A
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.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
N/A

* 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 aid 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 httl2://www.fema.bov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0
Total area of wetland impact proposed: 0
Page 6 of 13
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
A Stream crossing 80 UT of Middle Creek 7 Intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
darns (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e. ), www.topoZone.com,
www.mapquest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: CO
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 ma
Type of Impact* Area of
Impact
(acres) Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Page 7 of 13
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
The applicant requested a detailed wetland delineation prior to site plan development in order
to avoid jurisdictional wetlands and waters to the maximum extent practicable. However, an
unnamed tributary to Walnut Creek separates the northern and southern parcels that make up the
project In order to unify the project and provide road access to Waldo Street and South Walker
Street the applicant proposes to construct a road crossing. The proposed road crossing has been
designed to cross the stream at an approximately perpendicular angle in order to minimize
impacts
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/newetiands/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
Page 8 of 13
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.
N/A
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 htip://h2o.enr.state.nc.us/wM/index.htm If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 [phone] 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 ?
Page 9 of 13
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 213 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify, )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3635 3 N/A
2 1106 1.5 N/A
Total 4741 N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI.
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.
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.
As per personal communication with Brad Hart of Withers & Ravenel Engineering & Surveying,
Inc the proposed project contains 1.1 acres of impervious surfaces which constitutes 42% of
the land area on the site Silt fences and temporary sediment basins will be used for erosion
control during the construction of the road crossing
Page 10 of 13
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.
Municipal sewer
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
2
a'A C_ 2 o d
Applicant/ gent' ture Date
(Agent's si alid 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 Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
Page 11 of 13
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
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: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
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: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator
3855 Idlewild Road
Kemersville, NC 27284-9180
Telephone: [phone]
h and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Page 12 of 13
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 13 of 13
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Date: 5/9/2001 Caption: Waldo Street Townes
Scale: 1 inch equals 2000 feet SEC Project No. 99-4635
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 12, 1999

ORRICE
Peter Jelenevsky
Soil & Environmental Consultants
244 West Millbrook Road
JAMIKS B. HUNTJi
Raleigh, N.C. 27609
QWR
Subject: Neuse River Basin
Riparian Buffer Rules
Walker Street Triplexes
S & E C Project 99-4635
DWQ Project NBRRO 99-231
Wake County
Dear Mr. Jelenevsky:
On September 2, 1999, I met with you at the subject property. An evaluation of the stream features were
performed to determine whether the site would require compliance with the Neuse Buffer Rule. This
specific project is referenced by the Raleigh Regional Office as NBRRO-231.
The features represented on the Wake County Soils and the USGS maps were evaluated to determine
their subjectivity to the Neuse Buffer Rule. It was determined as a result of the site visit that there is one
feature that is a stream subject to the Neuse River Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233
(NCAC 0233). The feature is located parallel to the northern property boundary, primarily off-property.
Thank you for your attention to this matter and if this Office can be of any assistance or if you have
additional questions, please do not hesitate to contact us.
Si erely,
Steve Mitchell
Environmental Scientist
cc: RRO/John Dorney
Wake County
h:\nbrlet. for\nbr99\walkerst.231
3800 BARRETT DRIvE, SUITE 101, RALEIGH, NORTH CAROLINA 27600
PHONE RIO-671-4700_ FAX DID-871-4718
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Maps and databases are public information supplied
by various government agencies. The author and/or
Ma E
seller of the software program are in no way
responsible or liable for the information depicted
herein. Inquiries concerning the data should be 0 61 122 183 245
12:56
15:25 FAX [phone]

WITHERS & RAVENEL
"" RaV01t A160 ROAd
CO 002
linlelg, Ne,yh Ctroline 29614 ?'r?cner 41 P) 440.5
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Ft<xr (919) tlar:,9467
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A, ny C:orp$ of &n?intars, Wilmhngten Z?iStric;t
NC 2S4.02
N11;1?, AMANDA )'ONLS
.r?,l ?.?rice; RA?LIVI-i REC..ULATpRYFITrT?n c'?FptC?
' 1ti RaOAted Costs-alter find ,permitting
rz it Mp4ajz owner, hereby desipite e.nd authorize c
JoLl do. l?xvirartrz Wnt,1. Cansulterite, Inc. ,to
ny Nhnlf as my went izt the procNssing of permit ikpp11cetjcrn5, to famish upon request
n?nement'l information in aup,port of appllontiono, etc. front thig day forward, The
day of
"Iotihclt io t ruporsedes arty previous corrappondenc+ conc g the agent for thie project,
-='w=t?? 'xhls authe
xizattion, far 11atilltty And prol'osional dou sy reasnns, "As valid orily'for
.nrtt:af£ieiale to vnker the property when Aceomp vd by S&,EC Staff,' You should all 564.EC
A -411u meeR+g prior to VINIting the stk.
/ ner. Y !Name ro er owmr'a
gn raze
DW , Water Qualit Ptara?t' Mr, ?e* .A.. elv; el ky
'' '?i ?4odv Creak Road at y ung Sail do Ernvimn.xnj ratax Cort$ultsnts, Inc
?,1,1?sigtr,?NC 11020 Raven R>tid a Road
27647 Raleigh NC' 27614 !(gent ho
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Vire?tarr? 8ru?eh dltto.?; (.915) 433.54?p (523' 312-7K2
(7(?) 315-3??1
AGEN!AUrx10:R1ZA.x10N' 14Jy+ FM
15:15 PAN 919 467 tiUU8 WITHERS & KAVENEL 1Q 003

Soil & Environmental Coii$u ltants, Inc.
11410 Raven Rldas Road • ltale10, North civiAna 27614 a Phone; (919p 946.5KO . pail (919) 94&9467
web page; utivw,Sa»dLC,ao.m
AGENT AUTHORIZATION PORM

4 9, IV L57
T1ae DQpartrr?int of the Army
:?.rmy Carps of RASInears, Wilmington District
__ .?.z?, NC 29402
R, AMANDA JONES
F4kLEIGH REGULATORY FIELD OFFICE
V€tlaAd.s Related Consulting and Permitting
i
To 'v r 17pm It MAY Concern;
h'vs c0zrent property cwrter, hereby designate and authorize Soil & Enviro montal Consultants, Inc. to
as my agent in the processing of permit applications, to kurcu<sh iupon req est
:9I anfi rmatio in, support of applications, etc, irorn this day forward., The ?,? day of
F, ;. ?a?,t+atin supersedes Any previous correspondence coxx
cexrtiztg the agent ?or this project,
7413 QuthoxUaldoxy for liability And professional couux sy reasons, to valid only for
-- eitt officials to eater the properly when awmp ed by S&SC staff. You should rn11 S&EC
-=,mge a trite uteeftS prior to visiting the site,
rrcpex Owner's Name Property Owner's Siong.ture
Ta, ohn Dorney cc: Mr. Peter A. jelenevsky
DEN'R - OWQ, Walter Quality Planning Scil, & Environmental Consultants, Inc,
,1 Reedy Creak Road 11010 Raven Ri27 e Road
*`TC 27647 Raleigh, NC 14 asazt.&m
:r " v eetnltttn?/Mitlaedon SOtuSlte vatuadons on-Me 60pt1C syst=s Swlrart=encal AareaAmants/AUd1Ce
Nt use 11"Itt and Wstarehsd Buffer Svtaluatlorle Groundwater Hydrolo;y Endmsa ed srsaw
Western Sraneh Mom [phone] (92$7 312.7902 ? (704) $164M
i
'i -
r" 7:26 FAX [phone]

WITHERS & RAVENEL
AGENT AUTHORIZATION FOXIN4
ra°ect Narne/ Descriptiorts
?? ~t ent of the Army
--V %?Qrps of Engineers, Wilml:tgton District
.NC 28402
;. AMANDA JONES
- is--id Office; ?ALEIGH REGULATORY FIELD OFFICE
r'' ?'?Iands Related Consulting and Permitting
2004
:-cam It May Concern, ?
_r _ pro er owner, hereby designate and authorize Soil & Environmental Conoultante, Inc. to
- i ziF as my agent In the processing of permit applications, to furt>.i h ?upart X-- est'
.:.?:: as nzorma OA in support of applications, etc, iroiz thlA day forward., The day of
gapenedes any previous correspondence coneerming the agent for this project.
'ME: This authorization, fvr liability azid professional Courtesy reasono, i' valid only for
: xnrnent dfficie?la to enter the property when accompanied by MEC staff. You should call S&EC
'? .-_~r e it site Meets prior to visiting the sits.
„,,sty Owner's Name Property owner's
;ch-.1 Dorney
N'-M N'A - DWQ, Water Quality Plaruting
^cedy Creek Road
N' 27647

re
i
cc., Mr. Peter A. Jele?evsky
Sail de Environmelrttal Consultants, Inc,
2101D Raven Ridge Road
Raleigh, NC 27:610 asmnt.(rm
i
mdttla"d8ation BbflJSite EVa11Jati ns orl-Me SOptta systems B"If"Inta'l Asieuments/Audite
Sga1n and Wstersh*d Suffer fivelu+tdoet Oroundwatec Hydrology $ttdmscigad SpoWas
i
Weatarn 8raneh O?tlceet ($Z?) 633.5620 (628) "?12?7D02 (704) 61

Soil & Environmental ConguEltantsy Luc,
M11010 Raven Mgt Load • kalalgh, Noah Catalina 27614 ? Phons, (915) 646•5poo ? pax; (919) 8469467
Web Paget www UndF-C Corn
t 7e FAX [phone] WITHERS & RAVENEL l]005
i
9
Sail & Environment Consultants, ,Inc.
11014 Raven Midge Road 0 Raleigh, Nanh Caroline 27114 ? MA*: (919 846-5900 - Fm (919) 8469467
Web Page; www,SatldW=yn
AGENT AUTHOWZA.'x'>;bN PORM
ALI Blanks To Be Pilled In-by-1 he CLandd4, wnw-
e? 7S
..nanE/Descr1pt1Oni `s.-?`s??VIA,
?_
_, ? ?1A??r'?ment of the Ar?nq
" t vv.v Corps of Engineers, Wilmington Dibtrict
., "). Box
si,,'liningtcr_t, NC 29402
AMANDA JONES
Off e; RALEIGH REGULATORY FIELD QFFICZ
Fe.5ated Consulting and Permitting
y;h.om It May Concern:
f _,vt ?;Vrrent propUty owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
,r,y behalf as my agent in the processing of permit wpplicaticos, to h4rnivh upon request
' PIPmentat information in support of applications, etc, froz>lt, thin day forward:, The ,_._._ _ day of
aT 0 0
T s 170t&Atlon supersedes arty previous correspondence c(mcernfrtg the agent for this project.
a 'a`lbs authoritizitttorto for 11,ability and professional courtesy reasons, is valid only for
r t of?fcAls to enter the property when accomp;u%led by S&EC staff. 'You should call S&EC
)n ettug prior to Visiting the alga.
'-perty Owner's Name - ? T' party Owner's Si nsture -??
;ohz Dorney CC, Mr. Peter A. Jole0evsky
=7 CDEN'R - DWO, Wster Quality Planning Soil fir Eztvironl"ntrtl Consultants, Inc.
4401 Reddy Creek Road 11010 Ravers Rid a Road
,File h, NC 27607 Releig , NC 2T614 apmt.ft m
- '^"_ ^ *!aa'P?Ytnlttla /Mitiradon SaiVsite BValuations On•Oitt sepdo systems Etwjft3111xtental AssaumentL/Audite
Ne^Aat Aaaln and Waterahsd Buffer Evaluations Groundwstsr Hydrology Bndaago *d Spai)!68
W41tarn Branch Offlearl (828) 6334624 • (828) 312.7D02 • (704) 51