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HomeMy WebLinkAbout20020096 Ver 1_COMPLETE FILE_20020128o?OF W A T FRQG Michael F. Easley \ Governor r William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality March 15, 2002 DWQ Project # 02-0096 Wake County Page 1 of 2 Brian Rosenberger 209 Hillspring Lane Holly Springs, NC 27540 Re: 209 Hillspring Lane, Lot 3, Phase 1, Holly Park Section, Sunset Ridge Subdivision, Holly Springs, Wake County Sunset Lake [03-04-03,27-43-15-(2), B NSW] APPROVAL of Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) Dear Mr. Rosenberger, You have our approval, in accordance with the attached conditions and those listed below, to impact 40 feet of stream bank and buffers to install the proposed rip-rap bank stabilization as you described within your application received by this, office on January 22, 2002. This letter shall 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 or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control Permit. This approval is only valid for the purpose and design that you described in your application received by this office on January 22, 2002. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this approval letter and is thereby responsible for complying with all conditions. For this approval to be valid you must follow the conditions listed in the Neuse Buffer Rules 15A NCAC 2B .0233 and the additional conditions listed below. Conditions: 1. The rip-rap shall be placed by hand as described within your application. No trees (as defined in 15A NCAC 2B .0233(2)) shall be cut or damaged. Any additional vegetation impacted by the activity shall be replanted and the impacted area stabilized immediately following construction. 2. The installation of the rip-rap shall not be conducted in a manner that may result in dis-equilibrium to the stream bed or banks or draining of wetlands, adjacent to or upstream and down stream of the above rip-rap. 3. If the installation of the rip-rap does not solve the stream bank erosion problems, then the DWQ may require an overall stream restoration/enhancement plan that could involve other sections of the stream on properties beyond your property prior to approving any additional placement of rip-rap. The stream restoration/enhancement plan may involve the removal of this rip-rap and use of bio-engineering techniques. 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, NC 27699-6714. This certification-and its conditions are final and binding unless you ask for a hearing. North Carolina Division of Water Quality, 401 Wetlands Certification Lklk 1650 Mail Service Center, Raleigh, NC 27699-1650,(Mailing Address) 2321 Crabtree Blvd-, Raleigh, NC 276042260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http:l/h2o.enrztate.nc.us/rewetlands( Re: Rosenberger020096 1. Subject: Re: Rosenberger020096 Date: Tue, 12 Mar 2002 13:18:36 -0500 From: Steve Mitchell <steve.mitchell@ncmail.net> To: Bob Zarzecki <bob.zarzeeki @ncmail.net> I have not seen this one but have to agree with your comments. As you well know, I hate rip rap and even in this case do not see the need. Bob Zarzecki wrote: Steve & Debbie, The database has this project as sent to region on 2/12/02. Danny received a call about this project and passed it on to me. The applicant is proposing to place rip-rap along 40 feet of eroding stream bank. It appears to me given the photos provided in the application that the banks are indeed eroding. The area is also within a designated wetland. Without going to the site, I don't see how 40 feet of rip rap will solve the problem. It may only transfer the problem further downstream. It also appears that the stream drains to a pond not too far down from the project site. Therefore any sediment loss from the banks would (at least theoretically) be captured by the pond. It also doesn't appear that the stream is in danger causing damage to an existing structure. I recommend that we deny the request with the suggestion that the applicant plant woody vegetation along the bank or work with the property owners association to submit an overall stream restoration plan. I'm going to pass this on to Todd for comments to see if he agrees. Please provide comments ASAP. The clock is ticking and I want to get a letter out to this guy by Friday. I called Mr. Rosenberger and told him that we were waiting on comments and would try to get something out to him this week. He seemed fine with this. Thanks, Bob 1 of 1 3/12/02 1:23 Pn Rosenberger020096 Subject: Rosenberger020096 Date• Tue 12 Mar 2002 12.01.22 -0500 From: Bob Zarzecki <bob.zarzecki @ncmail.net> Organization: Division of Water Quality; 401 Certification Unit ?C To: Steve Mitchell <steve.mitcbell@ cmail.net>, "Debbie Edw " war ?e " t. John" <todd.st.john@ncmail.ne ?CIZ C : Danny Smith <danny.smith net>, Cyndi Karoly <cyndi.karoly@ncmail.net>, <Jo n.hennessy@ncmail.net> Steve & Debbie, The database has this project as sent to region on 2/12102. Danny received a call about this project and passed it on to me. The applicant is proposing to place rip-rap along 40 feet of eroding stream bank. It appears to me given the photos provided in the application that the banks are indeed eroding. The area is also within a designated wetland. Without going to the site, I don't see how 40 feet of rip rap will solve the problem. It may only transfer the problem further downstream. It also appears that the stream drains to a pond not too far down from the project site. Therefore any sediment loss from the banks would (at least theoretically) be captured by the pond. It also doesn't appear that the stream is in danger causing damage to an existing structure. I recommend that we deny the request with the suggestion that the applicant plant woody vegetation along the bank or work with the property owners association to submit an overall stream restoration plan. I'm going to pass this on to Todd for comments to see if he agrees. Please provide comments ASAP. The clock is ticking and I want to get a letter out to this guy by Friday. I called Mr. Rosenberger and told him that we were waiting on comments and would try to get something out to him this week. He seemed fine with this. Thanks, Bob Bob Zarzecki NC DENR/DWQ 401 Wetlands Certification Unit 919-733-9726 1 of 1 3/12/02 12:01 PD ? Stream lercu-itrapac ? Stream c=t=-nnir.2ffloc i ? Wetland cete;=,,, , are- C to tlce-:n= sur,"a- waters on USGW topo maps ? Minimiz--?cn/a•?dsn-? ?? I Mond r F„? e?j , i a ,Scr, Catawba- randleman) Lnok n ? fiil5; ? Mitigation Fz cos =u. be c_1? » c +- c..> ?c?sh? 2 S cG 1c (?.? .SFr... ^_ ?Ditching s7 ? Are the a--id orcoon st_ avail _ and viable? ? 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RE: BUFFERS ONLY To: Division of Water Quality; 401 - Wetlands To Whom It May Concern: Brian Rosenberger 209 fi prinrangs Lane Holly Springs NC 27540 919-4 Bkr23801@gsk.com 919-4833- -0570 January 4, 2002P41 O2®09 y %M 2 2 2002 Attached is paper work requesting approval to provide buffers only (rip-rap) to a small section of stream that runs through my property but which also lies within wetland boundaries. Over the course of the last 3 years since I've moved into my home (new construction) there has been approximately 30 feet of streambed and walls that have significantly eroded or completely disappeared. This erosion primarily occurs during heavy storms (5 or 6 times a year) and the side of the streambed walls are eaten away by the heavy flow of water as the stream runs at maximum capacity due to run-off and overflow from the retention pond upstream. This leaves overhangs of land where streambed walls have been eaten away underneath (see pictures # 4,'5, 6) or large pieces of land that have broken away (pictures 3, 7) and crumbled into the stream. In order to prevent further erosion and to maintain the integrity of the wetlands, stream, streambed and walls, and flow of the stream during heavy rains I would like to apply rip-rap to approx. 40 feet of the stream (all of which resides within my property boundaries as indicated on the property site plan map enclosed). This work will all be done by hand in order to limit any negative impact to the surrounding area. It is also important to note that neighbors on either side are in full support of these suggested efforts as there is concern that the erosion, if left unchecked, will soon impact their property and wetlands. You will find three copies of each of the following documents as required: 1) A copy of this cover letter 2) Pre-construction Notification Form 3) Soil Survey Map 4) Topographic Map 5) Vicinity Map/Property Site Plan Map to scale 6) Pictures If there are any questions regarding this request please do not hesitate to call me or feel free to communicate with me via email. I look forward to hearing your response. Thank you. Regards, Brian Rosenberger Enclosures (3) cc: file Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit JNA ? 2 Section 10 Permit 401 Water Quality Certification X Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: General 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: Brian Rosenberger Mailing Address: 209 Hillspring Lane Holly Springs NC 27540 Telephone Number: 919-483-0570 Fax Number: 919-483-0050 E-mail Address: bkr23801(ugsk.com 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: N/A Company Affiliation: Mailing Address: Telephone Number: Fax Number: 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: Buffers Only 2.T.I.P. Project Number or State Project Number (NCDOT Only): 3.Property Identification Number (Tax PIN): 0659.18 31 9407 000 4.Location County: Wake Nearest Town: Holly Springs Subdivision name (include phase/lot number): Sunset Ridge, Holly Park Section, Ph 1, Lot 3 Directions to site (include road numbers, landmarks, etc.): Off of Route 55 take Holly Springs Road east past Holly Springs Elementary School. Turn right onto Bass Lake Road. Make 1 S left, into Sunset Ridge Development, on Hillspring Lane. 4 house on left (209 Hillspring lane). 5. Site coordinates, if available (UTM or Lat/Long): N/A (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: Private home lot. Condition is one of continued erosion within the small stream bed that is causing significant amounts of land to fall into the stream. This process has become very aggressive over the last year and following each significant rainstorm more land continues to erode in large quantities. This is threatening neighboring property owner's land as well. 7.Property size (acres): 0.32 8.Nearest body of water (stream/river/sound/ocean/lake): Sunset Lake 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/maps/.) 10. Describe the purpose of the proposed work: Buffers only to prevent further erosion of the surrounding land and to preserve the integrity of the stream, streambed and wetlands. 11. List the type of equipment to be used to construct the project: manual labor only (wheelbarrels and hand placement of rip-rap). 12. Describe the land use in the vicinity of this project: private home lots. 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. N/A V. Future Project Plans Are any fixture permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No. 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 map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Buffers only (Rip-Rap) < 0.01 No 0 Small stream on edge of property and woods / run- off. * 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: - 0.08 Total area of wetland impact proposed: <0.01 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) A Stabilization with Rip-rap 40 ft. UT 5 ft. Perennial * 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.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 40 ft. 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 map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) 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.): 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. Since the stream and erosion are located within wetlands (but also on private property) there has been no work to date to correct the erosion. During times of heavy rains (5 or 6 times a year) the stream flows at maximum capacity due to run-off of the surrounding area and retention pond overflow upstream. With each of these heavy rains the side walls of the stream bed are undercut by the flow of the water and eroded, often leaving "overhangs" of ground (pictures # 45 5, 6) or entire chunks of land collapsed into the streambed (pictures # 3, 7). The enclosed documents outline plans to add buffers only via rip-rap for stabilization purposes which will limit further erosion and preserve the integrity of the stream, streambed and surrounding wetlands and allow for smoother flow of the stream, particularly during these heavy rains. This work will all be done by hand to limit disruption of surrounding areas. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/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. 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 ? IX. 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 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * 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. X. 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. Xl. 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. • 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 ? F XII. 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) WAKE COUNTY, NORTH CAROLINA NO. 83 It h? 00 w i Scale 1:15840 Feet ?? Z W LOT 3 SECTION --- BLOCK --- PHASE AS RECORDED IN MAP BOOK 1996E ,VGf, OF THE WAKE COUNTY REGISTRY. ¦. SUBDIVISION HOLLY PARK PAGE 1598 LEGEND: Ideclare that this survey compl(Iculated ththeNorth Carolina Standards ofPracticeforSurveying (section.1600)for class A surveys and that the c ratio of precision before adjustments is 10,000+. Furthermore, building corners shown are primary con onumentationforthere-establishmentofpropertycornersintheabsenceof grid monuments and other suon property corners. This survey is not to be recorded without the written authorization of the surveyor. . Registered Land Surveyor Notes: 1) North arrow is eferenced to recorded document shown above unless denoted otherwise. 2) House ties ar radial to property lines unless shown otherwise. 3) Undergroun pipes not located with this survey. 4) All areas are computed by coordinates. RESERVED BY OWNER C 80_00_ N02001' 14!'E 1 •. CREEI :?..? 1 ?2J r; ?JJ ~U AREA=0.321 AC. 0 2Q ?0y\ Q?v X091 P O O Fa ? P?'GOPO 14' 0 ? - ' 5n 3 m 2! 2 STORY WOOD - 2. 0 eo 11.9 95, li9o+31'_ 21.9 Z O P iO Z 33.3 &0.-00 O, 0 = EXISTING IRON PIPE • = NEW IRON PIPE P = PORCH, S = STOOP, SH = SHED x-x- = FENCE, R=RADIUS = CREEK(APPROX.LOCATION) -E- = OVERHEAD ELECTRIC LINE LP = LIGHT POLE, PP = POWER LINE CP = CARPORT,PK = MASONRY NAIL PL = PROPERTY LINE, MH = MANHOLE PM = PRELIMINARY MAP LBS = LOCATION BY SCALE CL = CHAINLINK, WD = WOOD C = CHIMNEY, ¦ = ELECT. TRANSFORMER =RECORDED BUILDING ENVELOPE L = ARC LENGTH, CH = CHORD LENGTH YI = YARD INLET D = DECK rn L7 r` M HILLSPRING LANE 55 R/W ?4 J SURVEY FOR BRIAN ROSENBERGER ALLYSON ROSENBERGER WAKE COUNTY, NORTH CAROLINA d zo' ao' so' o" as" BAR SCALE - - - -- 1 VVYnWnlr: SCALE: T.. _ NFU ,N?IIIII/J?tl?? °o???•ccA7R°Z/? AL PRINCE & ASSOCIATES PA. 'C ••?(`Cj?.S lE/lir;, '9 "i: LOT 3 SE ENGINEERS - SURVEYORS - PLANNERS PO. BOX 44 ll 13NN5,,??, 975 WALNUT ST., SUITE 239 k?? .• $U (tr? ,•? CARY, NORTH CAROLINA, 27511 454?i4 »••,It *% PH. 467- 3545 14 ' ,,f,,??I? •"',,, VICINITY MAP N.T.S. .?t P i Y e: Downstream View te: -- scription:a;;c `: v r i Y Title: Upstream View Date: Description: r ? I < Title: Major erosion - hole Date: Description: cn Poor soil & water eating under ription: ??ckf? w Description: View: looking down 6 Water eating underneath leaden Poor Soil waiting to erode at large piece of land breaking avt>-y Wetlan,?ds Tracking ?3 Facility Name Brian Rosenberger Project Number 02 0096 Project Type purpose qf County Wake Location Sunset Lake Holly Spring-" COUnty2 Received From COE ID # Region Raleigh Received Date January 22, 2002 COE Susp Date Reg. Contact Sent to Region Date 2/12/2002 I DCM Susp Date I APPLICATION' FEEJNFO Rcvd Region Date I TIP Number I Payment Date ` Last Action Date More Info Requested 2/12/2002 I Amount Paid ' Last Action' More Info Received I Payor Latitude (ddmmss) I Mitigation ? I Check # Longitude (ddmmss) a? s ilfic e Stream Class Area Area Length , Length (acres) Permit; Wetland Wetland T Cert Type I m ?a.ct Score L ype i `(acres) (feet) (feet) Stream VVetland Index P rim . su> Subbasin Class Req. A r ? Req. A r I i> pp Pp . NBR Buflzrs O Y" O 127-43-15-(3 ., 13 Nsw u3(o(6 m n ? J J 10Y ON ' - - - - - - - - - - - - .. Total for 401 x _ J .. ?Strea Impacts (ft WRP Mitigation _ Mitigati0 Project Wetland Wetland Area Length Completion Peren- ; Inter- Subbasin Mitic ationT pe Number Type Class ; (acres) (feet) Date nial mittent Total Mitigation: ?, iookupwpp Brian Rosenberger 209 Hillspring,Lafie Holly Springs NC 3,7540 Bkr23801 C 7%41C.Go iDl 919-4870, ?? January 4, 2002 RE: BUFFERS ONLY jw ? 22002 To: Division of Water Quality; 401 - Wetlands To Whom It May Concern: Attached is paper work requesting approval to provide buffers only (rip-rap) to a small section of stream that runs through my property but which also lies within wetland boundaries. Over the course of the last 3 years since I've moved into my home (new construction) there has been approximately 30 feet of streambed and walls that have significantly eroded or completely disappeared. This erosion primarily occurs during heavy storms (5 or 6 times a year) and the side of the streambed walls are eaten away by the heavy flow of water as the stream runs at maximum capacity due to run-off and overflow from the retention pond upstream. This leaves overhangs of land where streambed walls have been eaten away underneath (see pictures # 4, 5, 6) or large pieces of land that have broken away (pictures 3, 7) and crumbled into the stream. In order to prevent further erosion and to maintain the integrity of the wetlands, stream, streambed and walls, and flow of the stream during heavy rains I would like to apply rip-rap to approx. 40 feet of the stream (all of which resides within my property boundaries as indicated on the property site plan map enclosed). This work will all be done by hand in order to limit any negative impact to the surrounding area. It is also important to note that neighbors on either side are in full support of these suggested efforts as there is concern that the erosion, if left unchecked, will soon impact their property and wetlands. You will find three copies of each of the following documents as required: 1) A copy of this cover letter 2) Pre-construction Notification Form 3) Soil Survey Map 4) Topographic Map 5) Vicinity Map/Property Site Plan Map to scale 6) Pictures If there are any questions regarding this request please do not hesitate to call me or feel free to communicate with me via email. I look forward to hearing your response. Thank you. Regards, i5 ? -- Brian Rosenberger Enclosures (3) cc: file Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit Section 10 Permit 401 Water Quality Certification X Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: General 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: 0 II. Applicant Information 1. Owner/Applicant Information Name: Brian Rosenberger Mailing Address: 209 Hillspring Lane Holly Springs NC 27540 Telephone Number: 919-483-0570 Fax Number: 919-483-0050 E-mail Address: bkr23801@gsk.com 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: N/A Company Affiliation: Mailing Address: Telephone Number: Fax Number: 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: Buffers Only 2.T.I.P. Project Number or State Project Number (NCDOT Only): 3.Property Identification Number (Tax PIN): 0659.18 31 9407 000 4.Location County: Wake Nearest Town: Holly Springs Subdivision name (include phase/lot number): Sunset Ridge, Holly Park Section, Ph 1, Lot 3 Directions to site (include road numbers, landmarks, etc.): Off of Route 55 take Holly Springs Road east past Holly Springs Elementary School. Turn right onto Bass Lake Road. Make is left, into Sunset Ridge Development, on Hillspring Lane. 4 house on left (209 Hillspring lane). 5.Site coordinates, if available (UTM or Lat/Long): N/A (Note - If project is linear, such as a road or utility line, attach a sheet that separately the coordinates for each crossing of a distinct waterbody.) lists 6.Describe the existing land use or condition of the site at the time of this application: Private home lot. Condition is one of continued erosion within the small stream bed that is causing significant amounts of land to fall into the stream. This process has become very aggressive over the last year and following each significant rainstorm more land continues to erode in large quantities. This is threatening neighboring property owner's land as well. 7.Property size (acres): 0.32 8.Nearest body of water (stream/river/sound/ocean/lake): Sunset Lake 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/maps/.) 10. Describe the purpose of the proposed work: Buffers only to prevent further erosion of the surrounding land and to preserve the integrity of the stream, streambed and wetlands. 11. List the type of equipment to be used to construct the project: manual labor only (wheelbarrels and hand placement of rip-rap). 12. Describe the land use in the vicinity of this project: private home lots. 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. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No. 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 map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Buffers only (Rip-Rap) < 0.01 No 0 Small stream on edge of property and woods / run- off. * 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: - 0.08 Total area of wetland impact proposed: <0.01 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) A Stabilization with Rip-rap 40 ft. UT 5 ft. Perennial * 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.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 40 ft. 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 map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, 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): E] uplands F-1 stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): 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. Since the stream and erosion are located within wetlands (but also on private property) there has been no work to date to correct the erosion. During times of heavy rains (5 or 6 times a year) the stream flows at maximum capacity due to run-off of the surrounding area and retention pond overflow upstream. With each of these heavy rains the side walls of the stream bed are undercut by the flow of the water and eroded, often leaving "overhangs" of ground (pictures # 4, 5, 6) or entire chunks of land collapsed into the streambed (pictures # 3, 7). The enclosed documents outline plans to add buffers only via rip-rap for stabilization purposes which will limit further erosion and preserve the integrity of the stream, streambed and surrounding wetlands and allow for smoother flow of the stream, particularly during these heavy rains. This work will all be done by hand to limit disruption of surrounding areas. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 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. 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.httn. 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes F-1 No M 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 F-] No ? IX. 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 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 3 2 1.5 Total Gone 1 extenas out su teet perpenaicuiar from near nanx of cnannei; cone a extenas an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. X. 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. XI. 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. • 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 D XII. 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 0 0 ;ef- 9 NN 1'i Title: Major erosion - hole Date: Description: Title: Upstream View cr, i r+iwm r' Date: - Description: Poor soil & water eating under ription: Ii large piece of breaking a way View: looking down Poor Soil waiting to erode at C 0 O 2A ? ''o V 0 )U F' u , pt? - -, -, mr- d , c}?n. F, f i i Y Z -? LOT 3 SECTION --- BLOCK --- PHASE I SUBDIVISION HOLLY PARK AS RECORDED IN MAP BOOK 1996 E---jV0f. --- PAGE 1598 OF THE WAKE COUNTY REGISTRY. LEG E N Ue 0 = EXISTING IRON PI?E I declare that this survey compl $with the North Carolina Standards of Practice for Surveying (section.1600) for • = NEW IRON PIPE (Iculated class A surveys and that the c ratio of precision before adjustments is 10,000+. Furthermore, building P = PORCH, S = STOOP, SH = SHED x-x- = FENCE R=RADIUS corners shown are primary con monumentation forthe re-establishment of property corners in the absence of , CREEK(APPROX.LOCATION) grid monuments and other suiSion property corners. This survey is not to be recorded without the written -E- = OVERHEAD ELECTRIC LINE authorization of the surveyor. LP = LIGHT POLE, PP = PO'NER LINE / CP = CARPORTRK = MASONRY NAIL Registered Land Surveyor PL = PH =MANHOLE O L P M = PR WIINARY MA E 0"'c" , ` •. Notes: 1) North arrow is eferenced to recorded document shown above unless denoted otherWise.' LBS = LOCATION' BY SCALE CL = CHAINLINK' WD = WOOD 2) House ties ar radial to property lines unless shown otherwise. ' C = CHIMNEY, _ ELECT. TRANSFORMER 3) Undergroun pipes not located with this survey. OR;D BUILDING PE 4) All areas are computed by coordinates L = ARC E G CH CHORD LENGTH . YI =YARD INLET - D = DECK RESERVED BY OWNER O 80.00_ V N 02°01' 14 'E -+ CREEK "..- o AREA=0.321 AC. 0 P 0 0 1 C2J 14' Q9 23 'v 35.2' 9,c in 80.-00 0 ?4) cO 2' 2 STORY WOOD 0 v o 9.Bri N fl) -0) In O '6 119' 9.5' 119 a3.1?- 21.9, N I- a P Z 33.3' Ml HILLSPRING 55? R/W t\\\` • MARK IN SIDEWALI ;02001' 14''W LANE SURVEY FOR BRIAN ROSENBERGER ALLYSON ROSENBERGER WAKE COUNTY, NORTH CAROLINA ...r1. ':n MAPr:H IQQR un1 1 v [' ..II I d 20' 40, e0' o" as„ BAR SCALE ??.•``:?? CARp?? z? ????STE? 9 SE H35 ?.,,. E PR AL PRINCE & ASSOCIATES, PA. ENGINEERS - SURVEYORS - PLANNERS PO. BOX 44 975 WALNUT ST., SUITE 239 CARY, NORTH CAROLINA , 27511 PH. 467- 3545 R LOT 3 VICINITY MAP N.T.S. WAKE COUNTY, NORTH CAROLINA NO. 83 It h? 00 w i Scale 1:15840 Feet ?? Z W