20011428 Ver 1_COMPLETE FILE_20010928

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
November 16, 2001
DWQ# 01-1428
Wake County
Ronald Currin
P.O. Box 1166
Fuquay-Varina, NC, 27526
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Dear Mr. Currin:
You have our approval, in accordance with the attached conditions, to place fill in 0.018 acre of wetlands and
146.01 linear feet of streams and to impact 12,367.53 square feet of Neuse Buffers in order to construct the Village of Fox
Run subdivision in Wake County, as described in your application received by the Division of Water Quality on September
28, 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 httD:Hh2o.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 2B .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 be valid, you must follow the
conditions listed in the attached certification and the additional condition listed below:
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 fora 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
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Jim Cooper, 11010 Raven Ridge Road, Raleigh, NC, 27614
011428
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Ralegh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Village of Fox Run c/o Ronald Currin County Wake
Project Number 01 1428 County2
Recvd From APP Region Raleigh
Received Date 9/28/01 Recvd By Region
Project Type
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
FT?- O Y O N F-- 27-25-2 I N30,402. 0.02 146
F 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: 0 Issue 0 Issue/COnd 0 Deny
Provided by Region: Latitude (ddmmss) 353615 Longitude (ddmmss) 785005
Comments:
Issue
Less than 30 % impervious?
cc: Regional Office
Central Office Page Number 1
FILE COPY
Triage Check List
Date:
e
To: O Steve Mitchell Project Name J
?FRO Ken Averitte DWQ Project Number OZ I 21
?WaRO Deborah Sawyer County
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
?ARO Mike Parker
?MRO Pete Colwell
From: A i? Telephone (919) 733-
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation 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
Comments
/Yjr4 yllr
September 27, 2001
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27699-1621
?S
SEP 2 8 .
US Army Corps of Engineers
Attn: Ms. Amanda Jones
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 39, 401-Water Quality Certification, and Neuse
River Buffer Rules Compliance Request
Village of Fox Run (Fox Road, Spring Forest Road site)
Raleigh, Wake County, North Carolina
Latitude/Longitude: 35°36'15" N 78°50'05"W
S&EC Project #: 99-5141 0 1 1 4 2 8
Dear Mr. Dorney and Ms. Jones:
On behalf of Ronald Currin (property owner), we hereby request authorization from the
US Army Corps of Engineers to use Nationwide Permit 39 for the subject project to
cover permanent impacts to stream channels and wetlands. We also request written
concurrence from the NC Division of Water Quality (NC-DWQ) that the project
complies with the 401-Water Quality Certification associated with Nationwide Permit 39,
and that it complies with the Neuse River Riparian Buffer rules. A Pre-construction
Notification Application (PCN) is attached, which includes an agent authorization form.
S&EC delineated the wetlands and jurisdictional waters present onsite in the winter of
2000. Data forms from the delineation are attached.
The proposed project, which consists of a residential subdivision, is located immediately 7 -?
r-ri
east of Fox Road (SR 2042), approximately 2000 ft. north of its intersection with Pasture
Lane (SR 2041), in Raleigh, Wake County, NC. Please refer to the USGS site map. The
property comprises approximately 8.5 acres, and is in the Neuse River Basin. r 3
Approximately 0.018 acres (798.92 ft.) of jurisdictional wetlands will be impacted for
lot fill (Impact 2), and 146.01 linear ft.. of significant/important stream channel will be
impacted for a roadway crossing (Impact 1) under Nationwide Permit 39 (totaling 0.018
acres/146.01 linear ft.). Approximately 12,367.53 ft.2 (zone 1: 7,684.36 ft.2, zone 2:
4,683.17 ft. 2) of Neuse River Buffer will be impacted by the proposed roadway crossing.
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
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). The lot fill impacts (Impact 2), totaling only 0.018 acres, will
take place in a low-quality wetland area (a scoured-out depression at the head of the
stream channel). The roadway crossing was necessary because it was required by the
City of Raleigh in order to provide connectivity within the site (see attached
correspondence from the City of Raleigh). Aside from these two impacts, all other
waters of the U. S. were avoided.
NC-DWQ's current policy does not require mitigation for wetland and stream channel
impacts below 1 acre and 150 linear feet of significant channel. Because the proposed
cumulative impacts resulting from the project do not exceed the aforementioned
thresholds (0.018 acres/146.O1linear ft.), S&EC believes that wetland or stream channel
mitigation should not be required
Additionally, NC-DWQ's current policy does not require mitigation for buffer impacts if
they do not exceed 1/3 acre per buffered channel tributary. Because the proposed buffer
impacts resulting from the project do not exceed the aforementioned threshold (12,367.53
ft.2 or 0.284 acres), buffer mitigation should not be required.
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS
U (,;_
Jim Cooper
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Wake County Soil Survey Map
Wetland and Upland Data Forms (LJSACE copy only)
Overall site impact map with detailed roadway crossing impact map
Agent Authorization Form
NC-DWQ $200 Check (NC-DWQ copy only)
Correspondence from the City of Raleigh
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Q

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' (USACE)
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
htm.
http://www.saw.usace.aIM.mil/wetlands/Perm app.
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.army.mil/wetlands/regtour.htm, 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/ncwetlands 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 12
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 htlp://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.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://h2o.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 12
Office Use Only' Form Version April 2001
USACE Action ID No. DWQ No. 1 14 2 8
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
1. Owner/Applicant Information
Name: Ronald Currin
Mailing Address: P.O. Box 1166
FuquU-Varina NC 27526
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: Jim Cooper
Company Affiliation: Soil & Environmental Consultants
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: (919)-846-5900 Fax Number: (919)-846-9467
E-mail Address: icooper@a sandec com
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: Village of Fox Run
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1726889752
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Village of Fox Run
Directions to site (include road numbers, landmarks, etc.): The site is located immediately
east of Fox Road (SR 2042) approximately 2000 ft north of its intersection with Pasture
Lane (SR 2041) in Raleigh Wake County NC
5. Site coordinates, if available (UTM or Lat/Long): 35°36' 15" N, 78°50'05" 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 water
body.)
6. Describe the existing land use or condition of the site at the time of this application: The site
is an old farm with forested and old field areas present.
7. Property size (acres): +/- 10 acres
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Perry Creek
Page 4 of 12
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.ne.us/admin/mgps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to
provide housing for Raleigh and other area residents and to provide the necessary roadway
access.
11. List the type of equipment to be used to construct the project: Heavy machine
typically associated with roadway and sewer line construction will be used for this project.
12. Describe the land use in the vicinity of this project: Land use is primarily residential
(urban/suburban) and agricultural.
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.
A wetland delineation/Neuse River Buffer Evaluation was performed on the site in the winter of
2000. Data forms for the delineation are attached. The buffer evaluation was confirmed by NC-
DWQ(NBRR 00-092) in Apri12000
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: No additional permit requests are anticipated for the project in the future.
Page 5 of 12
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 Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain* * Nearest Stream Type of Wetland*
indicate on ma) acres (yes/no linear feet
Impact 2 Fill 0.018 No +/- 30 ft. Headwater Forest
* List each impact separately and identify temporary impacts. Impacts include, but are notlimited 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 h!W://www.fema.g_ov.
*** 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: less than 0.5 acres
Total area of wetland impact proposed: 0.018 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma) (linear feet Before Impact leasespecify)
Impact 1 Fill 146.01 ft. UT to Perry Creek 24 ft. Intermittent
* 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/pain),
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.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 146.01 ft.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

3. List each impact separately and identify temporary impacts. Impacts include, but are not Imited 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.):
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.
The roadwav crossing (Impact 1) is recLuired by the City of Raleigh to provide connectivity
within the site (see attached correspondence from the City of Raleigh). The only wetland impact
(Impact 2 will proceed in a lower-quality wetland area. All other waters of the U.S. were
avoided
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
hitp://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
NC-DWQ's current policy does not require mitigation for wetland and stream channel
impacts below 1 acre and 150 linear feet of significant channel. Because the proposed
cumulative impacts resulting, from the project do not exceed the aforementioned thresholds
(0.018 acres/146.01 linear ft.) S&EC believes that wetland or stream channel mitigation
should not be required
Additionally NC-DWQ's current policy does not require mitigation for buffer impacts if
they do not exceed 1/3 acre per buffered channel tributary Because the proposed buffer
impacts resulting from the project do not exceed the aforementioned threshold (12,367.53 ft.2
or 0.284 acres) buffer mitigation should not be required
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 http://h2o.enr.state.uc.us/wrp/l`ndex.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 ?
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.
Page 9 of 12
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
**NOTE: Since the only crossing of a buffered stream feature (Impact 4) by the waterline
is perpendicular with a construction corridor of less than 40 ft., it is classified as an exempt
activity in the Neuse River Buffer rules. Therefore, no mitigation should be required.**
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 7,684.36 3.0 N/A
2 4,683.17 1.5 N/A
Total 12,367.53 N/A
* Zone I extends out 30 feet perpendicular from near bank of channel; zone Z extenas an
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 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
downstream from the property.
Impervious acreage on the site is not expected_ to exceed 30%. Additionally, adherence to the
Neuse River Buffer Rules will aid in protecting downstream water quality.
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.
Connection to sanitary sewer
Page 10 of 12
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).
V ?
Applican gent's ignature Date
(Agent's signa re is valid only if 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
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
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
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: [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
Union
Watauga
Yancey
Wilson
Yadkin
Page 11 of 12
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 Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
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 Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
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 12 of 12
VTERIOR
'EY USGS SITE MAP
'11 '18 35' '19 120 121
?12? ' - ??\ • 01; `\ IjV` •vf\`? , ? I ?? / `\l ? /O\I\ ?/ l ? - I, ?Sp ? ./
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?) ?? • ;.l -" I ?\` ? ?? ? ;' °° Site Location ?, -_
52
t y.
.'? ?'' ! '.,% \. '\'1, _ '1 O?I I 'IJ ¦Vl' ?P.YS RE"?--? IyE.!%% ?4::71\
2041 . .? ?lS ! 7-1I
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2-1? Ai
3. 20 1S/-?' ? ? 300 , \ ?- ????U 1.? ? jC `•-1? \ , ?? ??
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i
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l HURCH-:-... RO i ? ? ;;.; ? _ r, ?? r • -.?'?? -'- ?? ?^ 1 Liv --al 1 ..1 II
61
,`.
RALEIGH EAST, NC
;R 1 i o,r ryh l 300
/ ' o .. : i • 3 4.- /?? 1993
NIMA 5255 1 SE-SERIES V842
'"gmrr' oa
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.=E8-17-00 11:28 AM SPAULDING & NORRIS P.A. 9193199330 P.05
Environmental Consultants,
s Road • Raleigh, North Carolina 27609 • Phone; [phone] • Fax: (9.
Web Page! www.SandFC.com
Name:
Address
Phone:
.-_1
Project Name/Description: t IslDej
-
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box
Wilmington, NC 28402
Attn: (MS • A v,4j4 ?ot^eg
Field Office. RALEIGH..0 01ATORY FIELD OFFICE
Re: Wetlands Related Consult, and Permitting
To Whom It May Concern:
It the current RNPM owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon requ "
su lemental information in support of applications, etc. from this day forward. The day of
13 2
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and. professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&i:EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
_ 20rJr?t ?.. e-"WR.tu "
Print Property Owner's Name ' P petty Owner' Si ature
cc; Mr. John Dorney r cc: Mr. Peter A. Jelenevsky
NCDEH & NR - DWQ, Water Quality Planning Soil & Environmental Consultants, Inc.
4441 Reed CiNk qad
Wetlan pelin ti rogation SW/Site Evaluations on-site septic systems Environmental Asse?smeAudas
afelg?i, nd Watershed Buffer Evaluations Groundwater Hydrology Endangered Spe ies
Branch Office: 25 North College Avenue • Newton. NC 29659 • Phone: [phone] Fax: [phone]
All Blanks To Be Filled In B The Current Landowner
Sep 24 01 04:19p SPRULDING&NORRIS, PR [phone] p.2
City of Raleigh, NC
Development Plans Review Center
P. O. Box 590, Raleigh, N. C. 27602
Telephone: [phone] FAX: [phone]
www,rale.igh-ne.org/planning/plandprc.htm
PRELIMINARY'PLAN REVTPW COMMENTS
TO: Spaulding & Norris, PAL. , att-o.:. Tom Spaulding
972 Trinity Road, Raleigh, N'C`227607
PROJECT: Malone Court Townhomes, Expansion [Villages of Fox Run)
NUMBER: S-7-2001
PLAN REVIEW 2; DATE: 7/10/01
PLANNER COORDINATING REVIEW: Stacy Barbour
WHEN YOU RESPOND, PLEASE INCLUDE THE FOLLOWING MATERIALS:
1. A narrative responding to f the comments from the City with a reference
to the revised map sheet (5 sets f comments please)
2. A description of any chang ade to plan maps that are not noted in
response to comments from the City.
Five (5) sets of revised plans, plus one (1) 8 `/a" x 11" reduction.
4. Note that when the plans are ready for final approval a CAD Tile will be
regtured.
PLEASE NOTE THAT THERE ARE NO MARKED-UP PLANS TO PICK UP.
Please return revisions as soon as possible.
When you return revised plans, please bring them to the Development Plans
Review Center, 4th Floor of the Raleigh Municipal Building. They will be
forwarded to your coordinaLing planner. 'flunks.
PLEASE NOTE THE FOLLOWING:
PLANNING (Stacy Barbour) 890-3679, barbours&aleigh-sxc.or , date
7/10/01
/ 1 JPer my previous request please add the zoning conditions of cases Z-50-99
and Z-72 00 to the cover sheet of plans. You deleted Z-72-00 which was
Sep 24 01 04:19p SPRULDING&NORRIS, PR [phone] p.3
previously on the plans. Also please show and label the zoning district
boundary line- I think you are showing the line, but it is not labeled per
previous rcques(..
/ yt5
V 2. Please revise your zoning density chart to show 29 lot11s on Meadows at Pox
Run (S-8-01) portion of area under 7-72-00. With addition of this 24 lots
there will be 53 lots (52 intended for residential and 1 for recreation complex)
in this zoning district as I undCrsLand it- correct?
?3. Please clarify- how big is the total site? Cover sheet says 12.56 acres. Sheet C-
1.0 indicates combined 12.47 acres. Landscape plan where open space
calculations appear says 9.05 acres. Revise density calculations as
appropriate for both overall site and the areas in each zoning district.
4. Please show open space requirements and calculations (plus the area you are
currently showing as open space on plan) on sheet C-1.0 with clarification per
above note about actual site size. It needs to be clear whether you are
meeting the 1201c, requirement via tree preservation or 180/v otherwise required
by 10-2103(d). Indicate percentage of site in open space and please label
open space and common areas on both site plan and landscape plan (labeling
will be required on final plat) (not just side note). Show specific sizes for each
open space area fulfilling requirements with a label for the size of each area.
Realize no grading can tape place in those areas if tree preservation is chosen.
Make sure the site plan and landscape plan are consistent with this.
t
5. Are there actually trees in the areas you show for tree preservation? You
Asa show new plantings in those areas for transition yards. Realize that a tree
inventory and final landscape plan will be required prior to lot recordation and
grading permits (tree fence inspection will be required prior to grading
permits. If the 12% open space requirement is not met then a revised plan
will be required.
6. Especially note Mike Johnson's comment under Conservation review
regarding the need to meet new stormwater nitrogen reduction requirements.
This may require plan revisions.
CENTRAL ENGINEERING (Paul Kallam) 890-3030, email: kallamp&alejgh-
nc.oIt date
_ /1. The creek crossing must be constructed in the 2 nd phase of development
with no more than 50% of the total lots to be recorded. Tliis does not mean
your phase 2.
2°d preview 6/27/01
/Make sure all drainage easements are clearly labeled. - David Thompson
Sep 24 01 04:19p SPAULDING&NORRIS, PR [phone] p,4
TRANSPORTATION (David Thompson) 890-3430, email: thompsonp xalei?h-
, date
/pS.or
eek crossing must be constructed during phase 2 of the development.
_ The cr
2nd Review (RDOT - Ed Johnson - 890-3449)
Completion of Kohler Lane including creek crossing will be required to record
X.,
more than 46 lots in this development.
140 2. Right-angle intersection of Malone Court and Kohler Lame needs cul-de-sac
type bulb out on the outside edge. FjV, Kti44AI - WN-1" r4vv) ?`0
f4'r ??s !>llito ?rz4 P(,?`? r l5 'tf? /?J Jeo?1571rvw r?K1
v/3. Malone Court will no longer be a dead-end street, therefore the term Court is
no longer appropriate. Street name change to lane, street, way, etc., needed. ? ?,1
CONSERVATION INSPECTIONS (Mike Johnson) 890-3767, email:
johnsonml @raleigh-ne.org, 6-2901
1. Plan was submitted prior to May 1, 2001 prior to adoption of nutrient
reduction and stormwater rules. However, since site plan approval has not
been granted the site will not he exempt to the new requirements unless all
associated maps for the site are recorded and building permits are issued
prior to Sept. 15, 2001.
PUBLIC UTILITIES (Cesar Sanchez) 890-3400, email: sancheze? Ie
/axr._car , 6/27/01
? 1. Show sewer easements to all properties to the cast as shown on approved
plans for phase 1 of Malone townhomes.
2. Easement exchange will require council approval.
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GRAPHIC SCALE
1 120'
ZONE 1: 7,684.36 S.F.
ZONE 2: 4,683.17 S.F.
120 0 120 240
NEUSE RIVER BUFFER IMPACTS: