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)
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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
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Q6 FIGURE 1: USG SITE MAP
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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
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