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
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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
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00
w
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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
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SURVEY FOR
BRIAN ROSENBERGER
ALLYSON ROSENBERGER
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Title: Upstream View
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Description:
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Title: Major erosion - hole
Date:
Description:
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Poor soil & water eating under
ription:
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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,
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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
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Title: Major erosion - hole
Date:
Description:
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View: looking down
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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
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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
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4) All areas are computed by coordinates L = ARC E G
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CHORD LENGTH
. YI =YARD INLET
- D = DECK
RESERVED BY OWNER
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SURVEY FOR
BRIAN ROSENBERGER
ALLYSON ROSENBERGER
WAKE COUNTY, NORTH CAROLINA
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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
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