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HomeMy WebLinkAbout20011567 Ver 1_COMPLETE FILE_20010924\NA7F Michael F. Easley, Governor \O?? 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Gregory J. Thorpe, Ph.D. > Acting Director p Division of Water Quality October 31, 2001 DWQ # 01-1567 Wake County Carlton Midyette Creedmoor Partners, LLC 5623 Duraleigh Road, Suite 151 Raleigh, NC 27612 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) Dear Mr. Midyette: You have our approval, in accordance with the attached conditions, to impact 149 linear feet of an unnamed tributary to Upper Barton Creek in Wake County, for the purpose of constructing a roadway access for the Taramoor project as described in your application received by the Division of Water Quality on October 24, 2001. After reviewing your application, we have decided that this activity 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 the US Army Corps of Engineers (USACE) issues it. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers as required under 15A NCAC 2B .0233(8). 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. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Steve Mitchell in the DWQ Raleigh Regional Office at 919-571-4700 or John Hennessy in Raleigh at 919-733-1786. incer y, l e ry J. T pe, P . t Director Attachment cc: USACE Raleigh Regulatory Field Office Raleigh DWQ Regional Office Central Files File Copy 01-156.7 . Jim Cooper; S&EC; 11010 Raven Ridge Rd.; Raleigh, NC 27614 9WNR N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-7015 Customer Service 1 800 623-7748 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 NCDENR-DWQ Attn: Mr. John Dorney 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27699-1621 ctober4t`, 2001 OCT 4 2001 US Army Corps-,of Engineers Attn: Ms. Amanda Jones 6508 Falls of the Neuse Rd., Ste. Raleigh, NC 27615 RE: Nationwide Permit 39, 401-Water Quality Certification, and Neuse River Buffer Rules Compliance Request Taramoor (Nipper Road site) Raleigh, Wake County, North Carolina Latitude/Longitude: 35°56'50" N 78041'05"W S&EC Project #: 01-6234 Dear Mr. Dorney and Ms. Jones: 120 011567. Op behalf of Creedmoor Partners, LLC (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. 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. The proposed project, which consists of a residential subdivision, is located just east of Creedmoor Rd. (Hwy. 50), immediately south of Nipper Rd. (SR 1845) in Raleigh, Wake County, NC. Please refer to the USGS site map. The property comprises approximately 60 acres, and is in the Neuse River Basin. Approximately 148.7 linear ft. of significant/important stream channel will be impacted for, aproposed roadway crossing (Impact 1), which will utilize Nationwide Permit 39. Proposed is to the Neuse Dyer Riparian Buffers resulting from the road crossing will total 8,478 04 $.2 (less than 1/3 acres) with zone 1 impacts of 5,940.99 ft .2 and zone 2 impacts of 2,537 ft.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 KAY Charlotte Office: Greensboro Office: Hickok 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: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820 for notification (0.10 acre). The only way to access the majority of the site is to cross the stream channel paralleling Nipper Rd. (Impact 1). Thus, the roadway crossing is an unavoidable impact. Only stream channel will be impacted by the crossing-no wetland areas are adjacent to the stream where the roadway will cross. Aside from this one impact, 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 total 148.7 linear ft. of stream channel, S&EC believes that wetland or stream channel mitigation should not be required. The channel proposed to be impacted was evaluated by Mr. Steve Mitchell of the NC- DWQ in June 2001, and his findings are described in the attached letter (NBRRO 01- 1 52). 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 only total 0.195 acres (less than 1 /3 acre), buffer mitigation should not be required. Sincerely, D 4 ?"v ? (ill Jinn Cooper E}ivironmental Scientist Attachments: Pre-construction (PCN) notification form USGS Site Vicinity Map Wake County Soil Survey Map Upland Data Form (USACE copy only) Overall site map and detailed impact map Agent Authorization Form NRB Confirmation Letter NC-DWQ $200 Check (NC-DWQ copy only) o? o UL ca NNAr, Pre-Construction Notification (PCN) Application Form 0 X 6- 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 http://www.saw.usace.gM.mil/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.army.mil/wetlands/re our.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 (919) 733-1786. 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 (919) 733-2293. 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/nwyfinalFedReg_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. 01 15 6 7 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: Creedmoor Partners LLC Mailing Address: 5623 Duraleigh Rd., Suite 151 Raleigh NC 27612 Telephone Number: (919)-571-8263 Fax Number: (919)-571-1521 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: _jcooper(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: Taramoor (Nipper Rd. Site) 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): The three numbers for the three tracts that comprise the site are: 0890301932, 0890307807, and 0890402723 4. Location County: Wake Nearest Town: Raleimh Subdivision name (include phase/lot number): Taramoor Directions to site (include road numbers, landmarks, etc.): The site is located just east of Creedmoor Rd. (Hwy. 50) immediately south of Nipper Rd. (SR 1845), in Raleigh, Wake County, NC 5. Site coordinates, if available (UTM or Lat/Long): 35°56'50" N. 78°41'05" 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 predominantly forested 7. Property size (acres): +/- 60 acres Page 4 of 12 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Upper Barton 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/mos/.) 10. Describe the purpose of the proposed work: The purpose of the proposed work is to provide roadway access for a residential subdivision in Raleigh, NC. 11. List the type of equipment to be used to construct the project: Heavy machinery 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 (suburban) and forested. 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 Neuse River Buffer evaluation was performed on the site in Spring of 2001. The buffer evaluation was confirmed by the NC-DWQ (NBRRO 01-152). No 401 or 404 permits have previously been issued for the site. 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) 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 and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: < 0.5 acres Total area of wetland impact proposed: N/A 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 map) (linear feet) Before Impact (pleasespecify) Impact 1 Fill 148.7 ft. UT to Upper Barton Cr. 4-6 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/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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mWguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 148.7 ft. Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on map) (acres) 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 D 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. Impact 1 is reauired in order to provide access to the otherwise landlocked upland areas on the property. The roadway will cross the stream perpendicularly, and impact only stream channel (no wetlands) All other waters of the U.S. onsite were avoided. 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 Page 7 of 12 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/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. 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 only way to access the majority of the site is to cross the stream channel paralleling Nipper Rd Impact 1) Thus the roadway crossing is an unavoidable impact. Only stream channel will be impacted by the crossings no wetland areas are adjacent to the stream where the roadway will cross. Aside from this one impact, 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 total 148.7 linear ft. of stream channel 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 total 8,478.04 or 0 195 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 htto://h2o.enr.state.nc.us/win/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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by, the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .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: Page 9 of 12 Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 5,940.99 3.0 N/A 2 2,537.05 1.5 N/A Total 8,478.04 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. 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. N/A 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. Onsite subsurface wastewater disposal (septic systems) 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? Page 10 of 12 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 Date is valid onli if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabamis Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office US Army Corps Of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Anson Duplin Onslow Bladen Harnett Pender Brunswick Hoke Richmond Carteret Montgomery Robeson Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 Telephone: (910) 251A511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 8564520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 .arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies. Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender NC 27699-1638 Raleigh Brunswick Currituck New Hanover Perquimans , Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Sutry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 10-10-2001 03:02pm From-CREEDMOOR PARTNERS LLC --. --r...+-- it.. U ML304tS74bf 9195711521 T-189 P.001/001 F-272 S&EC PAGE 82/03 Soil & Environmental Consultants, PAA 11010 Raven Ridge Road • RdelrA North CauNna 27614 • Phone: (919) 846-5900 Fa= (919) 846-9467 WWw.SandBC=m AGENT AUTHORIZATION FORM All Blanks To % Filled In B The Current Landowner Name: WOOY- cv4mevS kC, Ad&ess: 5623 ?Lr?)i?? {/fit u;? jst ?le? & Z Phone: a M- 5 f- Z 63 Project Name/Desct> *m. V r Rabe: ' ? ---?..... The Department of Ete Army U.S. Army Corps of Engineers, Wfimalgton DA riot P.O. Box 189 WInitgton, NC 28402 Attn: 40-64„? Tiller' Field Office: 12? lei Re: Wetlands Related Consulting and Permitting To Whom it may Concern: 1, the current ?pr? owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my my gent yin the ?O?? Consultants stit?lex>nelztal tnfornlLation in su. promssing of permit appTicatiax>is, to fwtxtish upon request PPoxVphm ms, etc. from this day forward. The day of This norftfi ion supersedes any previous coaespondence cmg the agent for this projecL NOME: This audwrh ation,, for habffity and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&IsC staff. You should cam S&EC to airal>tge a site meeEirig pt for to visiting the site. Print Property Owner's Nanx Property s ftnatuxe o~ Mr. John Donny NCDENR - DWQ cc IA James Cooper 2321 Crabbve Ooulevard Soli & Environmental Consultants, PA Raleigh, NC 27604 i?datte OffeL• PM 291.3020-1 ebom OSic? ? . NC ??g Prospetky C?h Rand 3817-R J.awndale ?,e 9t 0 B HW-QffiM. Roast ^^•? ??.. n.,,r Qwmebo^o, NC 27455 Taylorsviille, NC 28661 eon*% 1912C calm f /446 \ Q6 FIGURE 1: USG SITE MAP i . .J (CL 7 t Nl? r pyl ,?..?•? N111 "I - \ 7 Cr ; \\ TF \(k(' ?? Jr - ,?• / ?\ I' / YY ? \\ ?` I ? \ ' ? l+l / Y \ a R t -.. ?? ?\ \? t ? \ \. \ t 11 I \ \ r y Von, r- t Tim "Id \ / I lots mv, y / / - ; ? l ? -a leadar t l 7 , \ \ ycwtt? Gzu r . oc n / jj! wi `?. N T . } : ? tt v s ? -i "IF \ • r ;. , J r , ,.• - m vi ? 111/ r : s , „ ? J ` ` . t ? -. \ . G N `f t?\l t/ ,6?" : - \ ' ? ? Oil, A„?/'}l: ?, a ?. 1::- a \. } . / x'..1.67, . /?.-;--._-?\ \ -. j I.J ? /?•? _; /? _ \ / # / , \ f/ AMOK- v oil 1 t /d . 1 0 WI u- 01 K / {• ' ? ? -?-?1 c ?\ ._ - t ?i l ? mil/ •:{; ? \\ t SS L ? 1 W% lion O ?? • y? ? I \ -fr.-'--I ?-- ? ?;` ,1...v.f-•--r- i ? _tt?-r?";'s ? :\ t ,- ,,.. ?t l ?' `?; ? ..- ? ? _ L el t VNIO y ? h ?J • / 35 -??•__-`. 1 ? ( ?? ? t?"_' y\ .l i ? ` , _ _ ?I l I . . f Y _ ? • - ?? > / (ff i / -' r ?/ ? ` f j ? ? ? ? ? - + 1. \?/ %i (f ? ?> `?, l.. f @, ` t: I .; 7 r1 y ? ?? \ -? ? \ _ ? \ t_ ri/1? r-'% F- n_ IAIAiir n111 IAI'T\/ oinsshe-&48 Welland Delineation Performed By: Soil,& Envkonmentat Consultants, Inc. t1010 Raverr-Ridge-Road 231 16th Avenue NE Raleigh, North Carolina 27114 Hickory, North Carolina 28601 ,(919)846-5900 {7"4322-6700 DATA.FORM ROUTINE WETLAND DETERMINATION (1987 COE.Wetiands_DelineatiomManualy Project/Site: Nipper Rd. (S&EC iob#: 01-6234) Date: April 6s', 2001 Applicant/Omer: Creedmoor Partners County: Wake Investigator- Jim Cooper State: NC Do Normal. Circumstances exist_on the. site? X Yes No Community. ID: upland Is the.site:significantiy disturbed (Atypical Situation)? _Yes X. No Transect ID: Mesic mixed hardwood Is the area a potential Problem Area? Yes X No forest (If needed, explain on reverse.) Plot ID: along north stream VF[.'FTOTIO111 Dominant Plant Species Stratum Indicator Ddxninard Plant Species Stratum Indicator 1. Quercus aibe Tree FACU -9. 2. Quercus rubre Tree FACU 10. 3. Fegusgrancifflofia Tree -FACtt 11. 4. Lonicce?a japonica Vine FAC- 12. 5. Wis rotundiffidia Vine FAC 13. .6 14bumum denfafum ...Shrub . .. . FAC 14. 7. Pdrlyzfthuum acroshchofdes ..Herb FAG 15.- 8. 16. Percent of Dominant Species that are OBL, FACW,or FAC (excluding FAC- : 42.9 % Remarks: FIVDROLnQV Recorded Data: Welland Hydrology Indicators: - Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs -Inundated Other Saturated in Upper 12 Inches Water Marks X No Recorded Data Available Drift Lines -Sediment Deposits -Drainage Patterns in Wetlands Field Observations - Secondary Indicators (2 or more required): Oxidized Roca Channels in -Upper 12 Inches Depth of Surface Water: N/A (in.) =Water Wined Leaves X Local. Soil- Survey Data Depth to Free Water in Pit: > 16 (in.) _FAC-Neutral Test -Other. (Explain in Remarks) Depth to Saturated Sal: > 16 (in.) Remarks: Welland Delineation Performed By: 1101D.Raven Ridge Road Raleigh, North Carolina 27f)14 (919) 846.6" Soil & Environmental Consultants, Inc. 231 16th Avenue NE Hickory, North Carolina 28601 (704) 322-6700 Project/Site: Nipper Rd. MEC job#: 01-6234) Plot ID: upland SOILS Map Unit Name Drainage Class: poorly drained (Series and Phase): Worsham sandy loam Feld Observations Taxonomy (Subgroup): TV= .ochraguults Confirm Mapped Type? _ Yes - No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munseit Moist) AtwndanceIContrast Structure,. etc. 0-3 A 10 YR 414 - - San loam 3=16+ Bt 7-5 YR 5t8 - -- Clay Hydric Soil. Indicators: _Histosol -Concretions _Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils _Sulfidic Odor -Organic Streaking in Sandy Soils Aquic Moisture Regime X Listed on Local Hydric Soils List Reducing Conditions listed on.National Hydric Soils List ,Gieyed or Low-Chrorra Colors -Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION Hydrophytlc Vegetation Present? Yes X No Wetland Hydrology Present? Yes X No Hyddc Soils Present? Yes X No Is this sampling point within a wetland? Yes X No Remarks: State-of North Carolina Department of EnWronment and N-aturat Resources Raleigh Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary June 7, 2001 Jim Cooper S & E C, Inc. 11010 Raven Ridge Road Raleigh, N. C. 27614 rd® NCE)ENR NORTH CAROLINA DEPV4RTMENT of W, J ENVIRONMENT ANO N/QURAt- RESOURCES JUN 2L 01 t Subject: Neuse River Basin Riparian Buffer RuT Tom` -' NBRRO 01-152 Creedmoor Partners S & E C Project # 01-6234 Wake County Dear Mr. Cooper: This letter will serve as confirmation of the buffer determinations made by S & E C at the subject property referenced by the Raleigh Regional Office as NBRRO 01-152. The features represented on the Wake County Soils and the USGS Bayleaf maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. There are two stream features are represented on the USGS and three on the County Soils map. All three features are subject to protection under the Neuse River Basin: Nutrient Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233). These features are present throughout the subject property and Feature C becomes subject at a point labeled NRB 01. This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to wetland and other impacts, please contact the Central Office at 733-1786. 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. Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Domey Wake County H:\nbrlet.for\neuse.buf\buf111\credpart.152 1628 Mail Service Center, Raleigh, NC 276994628 Telephone (919)571-4700 FAX (919)571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled110% post-consumer paper / I/ r l l i i / 10 / r ? r r I O / O rri / -Tj pp z VI y ?0 ? 0 y II C) / N : cn / r- rn v) z N/ rri /L.4 / /o /? too . j- `\ I 1 I I ,% / ///• J ,r 1 ? r / l \ \ ?:, ••. w•yy r ? \L \ i ?, ` ' \ 50 If m 36 I•• / .. i........ ...... . s , I• O 1 //?% / \1 .......... • ••r /? 'f r // I ?? 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