20011670 Ver 1_Complete File_20011227

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.?s K 0 Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
December 27, 2001
Panther Creek - Raleigh LP
190 Finley Golf Course Road JO" Z W
Chapel Hill, NC 27514
Dear Sir or Madam:
Subject: Project: Panther Creek - Cary Glen
County: Wake
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) will accept payment for stream impacts associated with the subject project. Stream impacts
will be mitigated in accordance with the Memorandum of Understanding between the N.C. Department of
Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
Based on the information supplied by you in a letter dated November 1, 2001, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is
summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for
this project is also indicated in this table.
Stream
linear feet) Wetlands
(non-riparian) Buffers
(square feet
Impact 268
Mitigation Max. 536
As requested, the NCWRP will provide stream mitigation as specified in the 401 Water Quality
Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit
03030002 of the Cape Fear River basin.
If you have any questions or need additional information, please contact Crystal Braswell at (919)
733-5208.
Sincerely,
7
Ronald E. Ferr 1
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
Todd Tugwell, USACOE
Steve Mitchell, RRO
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748 ffA
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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
January 11, 2002
DWQ# 01-1670
Wake County
Panther Creek - Raleigh LP/Planned Community Development
C/o Jim Cooper
190 Finley Golf Course Road
Chapel Hill, NC, 27514
APPROVAL of 401 Water Quality Certification with Additional Condition, Wetland Restoration Program
Dear Mr. Cooper:
You have our approval, in accordance with the attached conditions, to place permanent fill in 820 linear feet of
unnamed tributaries to Morris Branch and Tomahawk Creek in order to construct the Cary Glen subdivision in Wake
County, as described in your application received by the Division of Water Quality on November 14, 2001. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3289. This
Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. 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 givsn a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wellalnd 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 certify and the additional condition listed below:
1. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance rash 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy
our compensatory mitigation requirenner,s under 15A NCAC 2H.0506(h) and 15A NCAC 2B.0233(10). Until the
Wetland Restoration Program receives End clears your check (made payable to: DENR - Wetlands Restoration
Program), stream impacts (-irewding f(ill) small not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of this
Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 268 linear feet of
streams, in addition to 552 hear feel of previously mitigated impacts, bringing the cumulative total to 820 linear feet, in
the Cape Fear River and sub-basin, Catloging Unit 03030002, and 268 linear feet of stream mitigation is required.
Please be aware that the Wetland Resttation Program (WRP) rules require rounding of wetland impacts to the nearest
foot (15A NCAC 2R .0503(b))--
if you do not accept any of the corxidas of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive fOtris letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina Genecdl Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N-C. 27611-7447. This certification and ft conditions are final and binding unless you ask for a hearing.
This letter completes the review of little (Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Steve IlAldhe8 in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in Raleigh
at 919-733-9721.
J. Thorpe,
North Carolina Division of water Gz:Fity, 401 Wedands C twn nit,
1650 Mail Service Center, Rat gtj. NC 2760999-1650 (Mating A )
2321 Crabtree Blvd., Raleigh. Mr- 27604-2250 (Location)
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Page 2 of
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Jim Cooper, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
011

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Panther Creek - Raleigh LP
190 Finley Golf Course Road
Chapel Hill, NC 27514
Dear Sir or Madam:
G6r?
%S
December 27, 2001
Subject: Project: Panther Creek - Cary Glen
County: Wake
Acting Director
Division of Water Quality
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) will accept payment for stream impacts associated with the subject project. Stream impacts
will be mitigated in accordance with the Memorandum of Understanding between the N.C. Department of
Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
Based on the information supplied by you in a letter dated November 1, 2001, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is
summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for
this project is also indicated in this table.
Stream
(linear feet) Wetlands
(non-riparian) Buffers
(square feet)
Impact 268
Mitigation Max. 536
As requested, the NCWRP will provide stream mitigation as specified in the 401 Water Quality
Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit
03030002 of the Cape Fear River basin.
If you have any questions or need additional information, please contact Crystal Braswell at (919)
733-5208.
Sincerely,
Ronald E. Ferrell,
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
Todd Tugwell, USACOE
Steve Mitchell, RRO
File
- vv?ct
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0'1 Y"4" ( Gregory J. Thorpe, Ph.D.
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
November 14'x, 2001
011670
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27699=1621
US Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permits 12 and 14/401-Water Quality Certification
Cary Glen
Cary, Wake County, North Carolina
Latitude/Longitude: 35°49'30" N, 78°54'30"W
S&EC Project #: 2070
Dear Mr. Dorney and Mr. Tugwell,
On behalf of Planned Community Development (property owner), we hereby request re=
authorization of previously approved impacts from the US Army Corps of Engineers for
Nationwide Permits 12 and 14 for the subject project to cover permanent impacts to_ ,
stream channels and wetlands, as well as one new impact for Nationwide 14. '-1.t
jwQj from t 1 ° WO MW Q=*y GQW%thM tae f
14. A Pre-construction Notification Application (PCN) is attached, which
includes an agent authorization form.
S&EC delineated the wetlands onsite in December 1995. Data forms for the delineation
were previously submitted to the USACE.
The proposed project, which consists of a residential subdivision, is located to the
northeast and southwest of the intersection of Yates Store Rd. (SR 1624) and Green
Level Rd. to Durham (SR 1625), west of Cary, in Wake County, NC. Please refer to the .r.,
attached USGS site map. The site is in the Cape Fear River Basin.
Approximately 820 linear ft./0.061 acres of important stream channel (based on a site
determination by Todd Tugwell of the USACE) will be impacted under Nationwide
Permit 14 (see attached impact maps) for roadway crossings.
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: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
Approximately 0.007 acres of jurisdictional wetlands and 80 linear ft. of stream channel
will be temporarily impacted under Nationwide Permit 12 (see attached impact maps) for
sewer line crossings.
Prior project history includes the following issued permits: NWP 14 (AID # 199700581,
0.21 acres of jurisdictional waters/wetland impact), NWP 12 (AID # 199820016, 0.071
acres), and NWP 26 (AID # 199200821, 4.1 acres). The associated DWQ project
numbers are 960320 and 970831. Additionally, and individual permit (IP) was required
to finish construction of the lake onsite in conjunction with the NWP 26.
Twelve roadway crossings over waters of the U.S. were permitted in the NWP 14
originally issued for this project, totaling 0.209 acres of impacts to waters of the U.S. Of
these crossings, seven were completed (Areas 3, 4, 5, 6, 9, 11, and 12=reference original
NWP 14 application: AID # 199700581), one was omitted from the site plan (Area 7),
and four were not constructed before the permit expired (Areas 1, 2, 8, and 10). The
purpose of this application is to permit the four road crossings that weren't constructed
(R1 [Area 81, R2 [Area 1], R3 [Area 21, and R4 [Area 10]), and an additional road
crossing, R5. In order to minimize impacts to waters of the U.S., the alignments of the
proposed roadway crossings were slightly realigned from their original positions in prior
site plans to minimize impacts to jurisdictional areas as much as possible. The new
project totals for impacts to waters of the U.S. under NWP 14, including past permitted
and presently proposed impacts, total 0.248 acres (total width equals 157.1 ft.).
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 (Q 10 acre). > ? ]tP was made to init*ate, 4&
i cts includin1It gtt
th res appLiod fig, and-issued for the project (AID # 19970=,1).
n totaled e,,=WP&MvndWWW >2YE.?..1*=ti dt7 2 S?_,.14
aor- 1:44 Therefore, $1 g,?0 was pai to -
(see attached NC-DWQ 441 with mitigation requirements). Since the mitigation already
paid for impacts RI, R2, R3, and R4 was previously adequate, SO .. , h444,?*4
inta?.f?1;147.,o1rnnei)sht?uit'ti in
order to mitigate for this impact (if required), payment to NC-WRP is proposed at a 1:1
ratio.
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 per stream. As discussed,
impacts Rl, R2, R3, and R4 have already been mitigated for by payment to NC-WRP.
laver ll t only it"paet R5 should require mitigUion (268 card. of
1CM- ??v-&tkL In order to mitigate for this impact, S&EC proposes payment to
NC-V./RP.
Sincerely,
Keuln ??? pop
Kevin Martin
President

Jim Cooper
Environmental Scientist
Attachments:
Pre-construction (PCN) notification farm
USGS Site Vicinity Map
Wetland Data Farms (previously submitted==not included)
Overall site map with detailed impact map insets
Agent Authorization Farm
NC DWQ $475 Check (NC-DWQ copy only)
NC DWQ 401 Water Quality Certification for NWP 14 (project # 960320)
49440
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WAT?IT
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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
http://www.saw.usace.anny.mil/wetlands/Pertn 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 hftp://www.saw.usace.army.mil/wetlands/reptour.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 13
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.vdf,
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 13
Office Use Only: Form Version April 2001
6 7
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 12 and 14
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: Panther Creek-Raleigh LP
Mailing Address: c/o 190 Finley Golf Course Road
Chapel Hill, NC 27514
Telephone Number: (919)-929-0660 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: jcooper sandec com
Page 3 of 13
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: Cary Glen
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0725617629
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): Cary Glen
Directions to site (include road numbers, landmarks, etc.): The site is located to the
northeast and southwest of the intersection of Yates Store Rd. (SR 1624) and Green Level
Rd. to Durham (SR 1625), west of Cary, in Wake County, NC
5. Site coordinates, if available (UTM or Lat/Long): 35°49'30" N, 78°54'30"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: The site
is primarily forested. Previously permitted work has proceeded on the site, including the
construction of the lake and permitted road crossings.
7. Property size (acres): 400+ acres
8. Nearest body of water (stream/river/sound/ocean/lake): Morris Branch and Panther Creek
Page 4 of 13
9. River Basin: Cape Fear
(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/adminJmaps/.)
10. Describe the purpose of the proposed work: The purpose of the project is to provide
roadway access and sewer line connections to a subdivision in the Cary, NC vicinity.
11. List the type of equipment to be used to construct the project: Heave equipment typically
associated with roadway and utility construction will be used for the project.
12. Describe the land use in the vicinity of this project: Land use is primarily forested and
residential in the vicinity of the project.
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.
Prior project history includes the following issued permits: NWP 14 (AID # 199700581, 0.21
acres of jurisdictional waters/wetland impact), NWP 12 (AID # 199820016, 0.071 acres
NWP 26 (AID # 199200821, 4.1 acres). The associated DWO project numbers are 960320 and
970831. Additionally, and individual permit (IP) was required to finish construction of the lake
onsite in conjunction with the NWP 26.
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 at this time
Page 5 of 13
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
yes/no Distance to
Nearest Stream
linear feet
Type of Wetland***
U2 Excavation 0.007 No 300 ft. Headwater Forest

* 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 htti)://www.fema.Qov.
*** 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: > 5 acres
Total area of wetland impact proposed: 0.007 acres (temporary impacts)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
R1 Fill 69 ft. UT to Panther Creek 4 ft. Perennial
R2 Fill 138 ft. UT to Panther Creek 4-5 ft. Perennial
R3 Fill 136 ft. UT to Panther Creek 34 ft. Perennial
R4 Fill 209 ft. UT to Morris Branch 4-5 ft. Perennial
R5 Fill 268 ft. UT to Morris Branch 4-5 ft. Perennial
Page 6 of 13
U l Excavation 20 ft. UT to Panther Creek 2 ft. Intermittent
U3 Excavation 20 ft. UT to Panther Creek 4-5 ft. Perennial
U4 Excavation 20 ft. UT to Panther Creek 34 ft. Perennial
U5 Excavation 20 ft. UT to Panther Creek 34 ft. Perennial
NOTE: ALL OTHER ROADWAY CROSSINGS/OTHER WETLAND IMPACTS ON THE SITE
PLAN HAVE BEEN PREVIOUSLY PERMITTED
* 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maMuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 900 ft. (80 ft. temporary)
(0.061 acres channel impacts under NWP 14)
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
Page 7 of 13
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.
An NWP 14 (AID# 199700581 was previously issued for this project to permit 12 road
crossings. Of these crossings, seven were completed, one was omitted from the site plan, and
four were not constructed before the permit expired. The purpose of this application is to permit
the four road crossings that weren't constructed (R1, R2, R3, and R4), and an additional road
crossing, R5. In order to minimize impacts to waters of the U.S., the alignments of the proposed
roadway crossings were slightly realigned from their original positions in prior site plans to
minimize impacts to jurisdictional areas as much as possible. The new project totals for
impacts to waters of the U.S. under NWP 14, including past permitted and presently proposed
impacts, total 0.248 acres (total width: 157.1 ft.).
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
Page 8 of 13
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.
All previous permitted impacts to the site including impacts R1 R2 R3 and R4, were
mitigated for by payment to NC-WRP. The total amount of mitigation for the project was
26.759 ft .2 or 0.614 acres. The mitigation for impacts R1, R2, R3, and R4 is summarized as
follows (channel linear footage was not accounted for since mitigation was done only for
NC-DWQ):
Impact: Ratio: Mitigation (ft.2):
R1 1:1 207
R2 4:1 1,456
R3 4:1 2,280
R4 4:1 2,468
Total: 6,411
Since the mitigation above for impacts R1-R4 was previously adequate, S&EC believes that
only impact R5 (268 linear ft./1 147 ft.2 of stream channel) should require mitigation. S&EC
suggests payment to NC-WRP for possible required mitigation for this impact.
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.nc.us/wrp/-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): 268 ft.
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
Page 9 of 13
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.
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 N/A )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
# Zone I extends out 30 feet perpendicular tirom near bank of channel; 'Lone 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
Page 10 of 13
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 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.
A stormwater plan was developed and implemented for the site when the previous Nationwide
permits were applied for (USACE AID Ws 199700581, 199820016, and 199200821; DWO
project numbers 960320 and 970831). DWO reviewed and approved the stormwater plan at that
time.
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
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).
Page 11 of 13
? 1, U PIN
Applicant/Agent's Signat re Date
(Agent's signature is vali only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National 119
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Page 12 of 13
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 276994617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [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
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
Page 13 of 13
PCDI
[phone] 10/23/01 01:48P P.002
IUIW1Ml 1b:15 9198469467 S$EC PACE 02
Soil & Environmental Consultants, IPA
11010 Raveu Rfdeo Road - Mcdgh. NOKb CoMi" 27614 • Pbono: [phone] • FWo (919) X9467
-w.SandEcem
AGENT AUMOIMAT1'ON FORM
BIa>ct To % Filled , $v The Q=t Lmdowner
NMW. GE IG H L.
Address 2?y /'?d f--r N t'r??., o ?'? um-s e. /20ac(
Phone: [phone]&40
4UI _ AJC, 2;?4fr-
nv)ect N=w/Descx"o=
Date: l d I AO I
a ? - - nnooir_.
The Deparb =t of the Army
US. Army Corps of Rngin&ra:, Mmingtoin District
P.O. Box 1890
'W'fttton, NC 28402
Attn: -7 ? Tiw b
Field Office:
Re: Wetlands Rued Corswung and Pecadtan6,
To Whom k may C.ancenm
I, the curt ZMMft owner, hereby dgaigna to and authorize Sod & F.nvirmnwmtaa Consuhamts, PA to
ac"n my behalf as my o Mt in the F*Oes eg of permit applieaHOM, to tarnish upon ngaeat
s1z pkmenw information m support Of APPhcabmm, etc. from d& day forwa & The day at
't'his notification sum any plus vo:nespandence coneming the agent far this project.
NOTICE- This authorixlrbton, for Rikbft and pmfessional courtesy reasons, is vol:td only fear
goverAment officials to enter the property when moompamed by B&RC staff You should call S&EC
to arrange a ifte meet h(S prior to vidtiog the site.
Print Property owner's Name proved
cc: I*- John Domey
NCDEM - DWO °`: :
2321 Crabtree Boulevard Soil
Raleigh, NC 27604
6.A"- .6'c
Signatm
CA"-?c Rr1Wo-64 fl
Consultants, PA
FMS 291,3070-Z Arownky ChmdeltoM 39)7-8 Xew
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Centlotle. NC 28269-7197 "1Q Daxv? 910 $oaW10 Road
ORmemboro. NC 27455 xhyl"Ovak, NC 29661
Phone' [phone] PboM: [phone] lhosa [phone]
Fez: (4041720-9406 Ppx: [phone] F¦x: [phone]
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Zc '`?»? ?? ! 1 ; i ?(C BOUNDARY OF r
SUBJECT PROPERTY-
1
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1 SCALE 1:24 000
1 2 0 1 MILE
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
I 5 0 1 KILOMETER
CONTOUR INTERVAL 10 FEET
DOTTED LINES REPRESENT 5-FOOT CONTOURS
NATIONAL GEODETIC VERTICAL DATUM OF 1929
MN
1 GN
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116 MILS 'II 1.12'
121 MIL$
UTM GRID AND 1981 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
FIGURE 2. TOPOGRAPHIC FEATURES OF
SUBJECT PROPERTY
GREEN LEVEL, N. C.
SW/4 DURHAM SOUTH 15' QUADRANGLE
N3545-W7852.5/7.5
1973
PHOTOREVISED 1981
DMA 5255 1V SW-SERIES V842
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
LT.WAA
170
?A41 0 2J
ED F= F1
May 23, 1997
Wake County
DWQ Project # 960320
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Atlantic Gulf Communities
Panther Creek Raleigh Ltd. Partnership
502 E. Lochmere Drive
Cary, NC 27511
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in an additional 0.21 acres of wetlands or waters for the purpose of constructing road crossings at
Panther Creek development, as you described in your application dated April 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3103.
This certification allows you to use Nationwide Permit Number 14 when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. 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) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below.
We understand that you have agreed to contribute to the Wetland Restoration Program in order to
compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0500, this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h).
According to 15A NCAC 2H .0506(h)(7), 0.60 acres of restoration will be required. Until the Wetland
Restoration Program receives and clears your check (made payable to DEHNR - Wetland Restoration
Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext.
358 if you have any questions concerning the Wetland Restoration Program. You have one month from the
date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill
of 0.21 additional acres of riparian wetlands, in 030605 river and subbasin and 0.614 acres of restoration are
required. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. In addition our modeling staff have reviewed the modeling done by Mr.
Keith Reidling of Ogden Environmental and Engineering Services. We agree that this model demonstrates
that our water quality standards would be met in the lake as required in our 24 March 1997 approval. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General 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
Division of'Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Page 2
DWQ Project # 960320
May 23,1997
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 John Dorney at 919-733-1786.
Sincerely,
ton Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central. Files
Ron Ferrell; Wetland Restoration Program
Kevin Martin; Soil & Environmental Consultants
960320.1tr
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401 review
Subject: 401 review
Date: Tue, 04 Dec 2001 18:20:41 -0500
From: Megan Owen <[e-mail]>
Organization: NC DENR, DWQ
To: Cyndi Karoly <[e-mail]>
Cyndi:
I didn't send this email message to anyone else, so let me know if I
still need to continue sending these review messages to Todd & John D.
011675 (Edward Ristaino, Mecklenburg Co.) - Property in WS-IV.
Shoreline stabilization project and rebuilding of dock for single family
residential using masonry and rock. As far as the WSWP Rules as
concerned it is a water dependent activity and therefore allowed.
Disturbed vegetation will need to be replaced. Catawba Rules also apply
and here it's an allowable use but, no avoidance and minimization was
given or practical alternative. Concerned that the "masonry and rock"
will not allow for percolation.
011609 (James Mitchem, Gaston Co.) - Property in WS-IV. Shoreline
stabilization project for single family residential using riprap. As
far as the WSWP Rules as concerned it is a water dependent activity and
therefore allowed. Disturbed vegetation will need to be replaced.
Catawba Rules also apply, mini-I avoidance and minimization given, but
no practical alternative. An allowed use.
011378 (Robert Wilson, Lincoln Co.) - Property in WS-IV. Shoreline t
stabilization project for single family residential using riprap. As IS
far as the WSWP Rules as concerned it is a water dependent activity and
therefore allowed. Disturbed vegetation will need to be replaced. But
the Catawba Rules also apply, and no practical alternatives language
described in the packet I was given. An allowed use. There was a very
minimalistic summary of how the caazer vv=2d try to keep the damage to a
min.nn?m. I think he should go further, and I suggest making him replant
as many trees as he removes.
011670 (Panther Creek - Raleigh LP, Wad Co.) - What a monster of a
project!!! This project is in WS-337-PA rear Jordan Lake. Neuse Rules ` „_
don't =pply. The Wake County-will need to review project for BUA, ?/C](vl
stox=&ater, buffer requirements. My guess is that it's a high density
project, which will require stormigater 31cps and 100' buffers. They're
looking to have another 5 stream/buffer crossings for access around the
site. 7 crossings were allowed awes a previous permit. WSWP Rules do
not allow these crossings since it's a private project. Of course we
can't deny access to a site, but they already bave 7 and I don't think
they need all 5 of the ones tbey're ask mg for now. Strict adherence to
the 3SNP Rules would say deny the pexm't- But if we have-to allow it,
the crossings must minimize BUX, diver xmoff away from surface waters,
use mss, and show no practical alt xnative. 2bere was no summary
included on how there was no practical alternative summary given for the
5 access crossings they're requesting mac. Plus they don't want to pay
for anitigation for 4 of the 5 points 9imx _- they already paid for them in
the previous permitting process. `It's not our fault their permit ran
out before they built them. It's a'ssog:erait and I think they should
have to pay again - but WSWP Rules don't have anything to say about
that.
011691 (Town of Hillsborough, Orange Ce?)) WSi'lP and Neuse Rules apply.
As fa: as WSWP Rules are concerned, it's a public project and therefore )t lJ
allowed to cross the buffer. Site 1 is not in WS anyway. Site 2 is in
WS-:1-Ch. At site 2, if the buffer is cisturbed they need to replant.
10(" 12/5/019:00 P
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WO Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Cary Glen County Wake
Project Number 01 1670 County2
Recvd From APP Region Raleigh
Received Date 11/14/01 Recvd By Region
Project Type residential development
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
14 Stream O YO N ? 16-41-1-17 WSIV NSW 30,605. F 820.00 ?- 1
12 7- O Y •O N F 16-41-1-17 WSIV NSW 30,605. F--F-- F-,
NBR r- O Y @ N F__F_F_7__F_F
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y O N Recommendation: Q Issue (0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 354930
Longitude (ddmmss) 785430
cc: Regional Office
Central Office Page Number 1
Comments:
ISSUE if WRP will accent $$$$
Cary Glen, c/o Panther Creek LLP, Wake Co., 01-1670
Subject: Cary Glen, c/o Panther Creek LLP, Wake Co., 01-1670
Date: Mon, 31 Dec 2001 15:46:35 -0500
From: Cyndi Karoly <[e-mail]>
To: [e-mail], [e-mail]
Ron, we got this app on 11/14/01, and they'd requested WRP use for 268
linear feet of streams at site R5. Will you be able to accept this
project? I'm only asking now because we're within two weeks of going
statutory.
Holler if you guys didn't get this application.
Happy New Years to ya.

1 of 1 12/31/01 3:46 PA
401 review
Subject: 401 review
Date: Tue, 04 Dec 2001 18:20:41 -0500
From: Megan Owen <[e-mail]>
Organization: NC DENR, DWQ
To: Cyndi Karoly <[e-mail]
Cyndi:
I didn't send this email message to anyone else, so let me know if I
still need to continue sending these review messages to Todd & John D.
011675 (Edward Ristaino, Mecklenburg Co.) - Property in WS-IV.
Shoreline stabilization project and rebuilding of dock for single family
residential using masonry and rock. As far as the WSWP Rules as
concerned it is a water dependent activity and therefore allowed.
Disturbed vegetation will need to be replaced. C=tawba Rules also apply
and here it's an allowable use but, no avoidance F-=d minimization was
given or practical alternative. Concerned that the 'mason--y and rock,
will not allow for percolation.
011609 (James Mitchem, Gaston Co.) - Property in WS-IV. Shoreline ev
stabilization project for single family residenti=7 using riprap. As
far as the WSWP Rules as concerned it is a water de-?endent activity and
there=ore allowed. Disturbed vegetation L*i11 need .o be replaced.
Catawba Rules also apply, minimal avoidance and z'- mizazicn given, but
no practical alternative. An allowed use.
011378 (Robert Wilson, Lincoln Co.) - Property in WS-Iv. Shoreline
stabilization project for single family residenti?-- using rprap. As far as the WSW? Rules as concerned it is a water 6=?=ende-_t activity and
therefore allowed. Disturbed vegetation will nod to be replaced. But
the Catawba Rn3es also apply, and no practical alt-_nati--,-_s language
described in the packet I was given. An allowed -L-se. There was a very
minimal i stic s^mk-ay of how the owner -.ou:d try to keep the damage to a
minimum. I think he should go further, and I suggest making him replant
as marzy trees as he removes.
"PTOWi+anthe; Creek - Raleigh LP, Wake Co-) - Salt a monster of a
project!!! This project is in WS-IV-PA rear Jor Lake. Meuse Rules
don't apply. lie Wake County.-ill need to review project for BUA,
stormwa_er, buffer requirements. My guess is that it's a high density
project, which will require stormwater ?s and 1D3' buffers. They're
looking to have another 5 stream/buffer crossings for access around the
site. 7 crossings were allowed under a previous _p=--mit. I&Fofp Rules do
not allow these crossings since it's a private psvect. Of course we
can't deny access to a site, but they already have 7 and Z don't think
they need all 5 of the ones they're asking for now_ Strict adherence to
the WS'? Rules would say deny the permit. But if -Aw-- have to allow it,
f frotm srlrface waters,
the crossings -1st minimize BUA, divert raanoff-
use BMPs, and show no practical alternative. bra was no summary
included on how there was no practical alternative summary given for the
5 access crossi--gs they're requesting now- Plus t_2?y don't want to pay
for mitigation for 4 of the 5 points since they already paid for them in
the previous permitting process. It's not our f-11t their permit ran
out before they built them. It's a new pexmit amd I think they should
have to pay again - but WSWP Rules don't wave a--_f- g to say about
that.
011691 (Town of Hillsborough, Orange Co.) - WSWP tad Neu---- Rules apply. `m
As far as WSWP Rules are concerned, it's a public ,;,roject and therefore 1`lJ
allowed to cross the buffer. Site 1 is not in WS anyway. Site 2 is in
WS-II-CA. At site 2, if the buffer is disturbed they need to replant.
1 of 2 12/5/019: 00 1
Triage Check List
Date:
To: DqlfO
?FRO
?WaRO
?WiRO
?WSRO
?ARO
?MRO
i
d/
Steve Mitchell
Ken Averitte
Deborah Sawyer
Joanne Steenhuis
Jennifer Frye
Mike Parker
Pete Colwell
Project Name Lr4F-4_ 6-1-rm eh AvWre 6e,,,,e t
17
DWQ Project Number 01670
County C??+Kt
From: - -)LA .?nYSr•? 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
[R,Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
2llitigation 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