HomeMy WebLinkAbout20021621 Ver 1_COMPLETE FILE_20021008Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
December 4, 2002
D.R. Horton,.Inc. - Torrey Homes
Attn: Mr. Britt Spivey
3949 Browning Place
Raleigh, NC 27609
Subject Property: Ligon Mill S/D, Ligon Mill Road (SR 2044), Wake Forest, NC
Smith Creek [03-04-02, 27-23-(2), C NSW]
DWQ Project No. 02-1621
County: Wake
Page 1 of 2
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (1 SA NCAC 2B .0233) with ADDITIONAL CONDITIONS
Dear Mr. Spivey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.004 acres (approximately 100 feet) of waters (i.e, intermittent streams), 188, feet of perennial
streams and 13,650 square feet (ft) of protected riparian buffers for the purpose of constructing three (3) road
crossings at the subject property, as described within your application dated October 4, 2002. After reviewing your
application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water
Quality Certification Number(s) 3375. The Certification(s) allows you to use Nationwide Permit 14 when issued by the
US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your,project including (but not limited to) Erosion
and Sediment Control and Non-discharge. Also, this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application and including any
modifications listed below. 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 Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre
of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions:
1. Diffuse Flow (Review)
An additional condition is that stormwater shall be directed to flow in a diffuse manner at non-erosive velocities
through the entire protected stream buffers without re-concentrating. Additionally, a stormwater management plan
for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan
shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the
protected buffers as described above will be achieved.
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands
Page.2-of 2'
3. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate.
4. Stream Mitigation
You are required to mitigate for impacts to the perennial streams. The required length of stream mitigation to
compensate for impacts to the streams is 188 feet as required under GC3375 and 15A NCAC 02H .0506.
However, we understand that you have proposed mitigation for 274 feet of stream to satisfy the USACE permit ,
requirements. We understand that you wish to make a payment into the Wetland Restoration Fund administered by
the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 02H .0506,
this contribution will satisfy our compensatory mitigation requirements under this certification. Until the WRP
receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no impacts
specified in this certification shall occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any
questions concerning payment into the WRP. You have one month from the date of this approval to make this
payment. For accounting purposes, this certification authorizes payment into the Wetland Restoration Fund
to compensate for 274 feet of required stream mitigation for impacts to 188 feet of perennial streams; 03-04-
02,27-23-(2) river and subbasin.'
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Attachments: Certificate of Completion
Sample Deed Notification
GC 3375
Cc: Norton Webster, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh, NC 27609
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ # 021621
December 4, 2002
bz
Sincerely,
Ar?RQG Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
a Alan W. Klimek, P.E., Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION & AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, D.R. Horton, Inc. has permission as outlined below and within the.
General Water Quality Certification (WQC) Number 3375 w/ additional conditions for the purpose(s) of constructing the
proposed road crossings. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached certification transmittal letter. THIS CERTIFICATION AND AUTHORIZATION CERTIFICATE ARE
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Project No.: 02-1621
Date: December 4, 2002
LOCATION: Wake Forest
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02, 27-23-(2)
As required by 15A NCAO 2H .0506 and 2B.0233 and the conditions of WQC No. 3375 w/ additional conditions, you are
required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands,
surface waters and/or buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
[Note: Acreage requirements proposed to be mitigated through the WRP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).]
0 acres of Class WL wetlands
0 acres of riparian wetland .
0 acres of non-riparian wetland
274 feet of stream channel
0 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A NCAC
2B..0233. If you choose this option, please sign this form and mail it to the WRP at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WRP.
Signature
Date
WETLANDS RESTORATION PROGRAM (WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
(919) 733-5208
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncweilands/
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Ligon Mill (Tory Homes / Margot's Pond) County Wake
Project Number 02 1621 County2
Recvd From APP Region Raleigh
Received Date 10/8/02 Recvd By Region
Project Type road crossing
Certificates Stream Stream Impacts (ft.)
Class . _ _ ? ?""`??
Permit Wetland Wetland Wetland Stream Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Stream O T OO N ? 27-23-(1) wSIl NSWHQ 30,402. 0.00 188.00 ? F
rNBR rBuffers 0 ?" O r ?r 30,402. 0.31 r?,I
Mitigation Wetland
MitigationType Type Acres Feet
Stream WRP Stream [ 274.00
Is Wetland Rating Sheet Attached? O Y O N Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required?0 Y 0 N Recommendation: 0 Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)??1??
cc: Regional Office n A n
Central Office p (vw1? ?""` ?a9e Number 1
Triage Check List
Date: /A a Z Project Name:L . ?..? fvyg
DWQ#: OZ /Co Z
County:
To: ? ARO Mike Parker ? WaRO Deborah Sawyer
? FRO Ken Averitte ? WiRO Joanne Steenhuis
? MRO Mike Parker ? WSRO Jennifer Frye
® RRO Steve Mitchell
From: Telephone : (919) 733 • /7 ?to
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/a ance issues e
` - Buffer Rul s (Neuse, Tar-Pamlico, Catawba, faM e man) S'?- Rwa? 'Pt
.
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available. and viable?
Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
LyvtpabimX& ?
® Kimley-Horn
® and Associates, Inc.
i 8 2002, °
w Tt s GROUP
n, tki 1TV QGP T UIW.
¦
October 8, 2002 P.O. Box 33068
Raleigh, North Carolina
NR) 27636.3066
Mr. John Dorney ?L ?
NC DENRIDivision of Water Quality
Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Application for 401 Water Quality Certification
D.R. Homes, Inc. - Torrey Homes
Wake Forest, Wake County, North Carolina
Dear: Mr. Dorney:
Attached is a Joint Application for Nationwide #14 and'Section 401-water
quality certification for the proposed Ligon Mill subdivision in Wake Forest,
Wake County, North Carolina. The 64.34-acre undeveloped-forested parcel
owned by D. R. Horton, Inc. is located west of Ligon Mill Road (SR 2044)
approximately 1.4 miles south of Wake Forest in Wake County (Figure 1).
Permit authorization is being requested for impacting 0.004 acres of wetland and
impacting 188 linear feet of jurisdictional stream. The impacts are the result of
three road crossings. Three separate unnamed tributaries of Smith Creek will be
impacted by proposed road crossings. The first proposed impact is to an
intermittent stream draining from a pond on the property. The second proposed
impact is a perennial stream channel draining from a pond adjacent to the
property. The third proposed impact is a perennial stream channel that has an
existing road crossing.
The regional conditions will be followed with culverts buried in the streambed
except for the third crossing. A sewer line is located under the third crossing that
restricts the placement of culvert to its present elevation.
Included for your review is a site plan showing the proposed impacts along with
details of the proposed impacts. Also, included are details for a storm water
management plan.
¦
TEL 919 677 2000
FAX 919 677 2050
? ? ? Kimley-Horn
and Associates, Inc.
Thank you for your attention to this project. If you have any questions, please
call me at (919) 678-4173.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Norton Webster
Environmental Scientist
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested
NW 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: D. R. Horton, Inc. - Torrey Homes
Mailing Address: Attn: Mr. Britt Spivey
3949 Brownina Place
Raleigh, North Carolina 27609
Telephone Number: (919) 877-9557 Fax Number: (919) 877-0526
E-mail Address:
2. Agent/Consultant 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: Norton Webster
Company Affiliation: Kimley-Horn and Associates, Inc.
Mailing Address: P.O. Box 33068
Raleigh, NC 27609
Telephone Number: (919) 677-2000 Fax Number: (919) 677-2050
E-mail Address: norton.webster@kimley-hom.com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Ligon Mill
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1739947297/1749050974
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Ligon Mill
Directions to site (include road numbers, landmarks, etc.): Non US1 toward Wake
Forest, exit onto NlA, head south on Ligon Mill Road (SR 2044) for 1.4 miles.
Site is on the left.
5. Site coordinates, if available (UTM or Lat/Long): 35° 56' 5.99" 78° 31' 36.42
(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. Property size (acres): 64.
7. Nearest body of water (stream/river/sound/ocean/lake): Smith Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hgp:Hh2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is forested with residential developments
adjacent to the site. Several sewer lines transverse the property.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a residential housing development. The permit is for stream crossings
associated with roads to access the site. Equipment used is equipment typical for land`
development including bull dozers, excavators, and motor graders.
11. Explain the purpose of the proposed work: The purpose of the work is to provide
access to the site.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID ' Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same. T.I.P. project, along with
construction schedules.
A jurisdictional determination was completed by USACE on June 26, 2001. A site visit was
done by Steve Mitchell, DWQ on August 7, 2001
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 future permit requests are anticipated.
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
Page 7 of 12
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. Provide a written description of the proposed impacts: There are three proposed
impacts associated with culverts for road crossings.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Culvert 0.004 no 40 Intermittent channel
* 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..tema.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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 3 acres
Total area of wetland impact proposed: 0.004 acres
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )
2 Culvert 102 UT Smith Creek 4 Perennial
3 Culvert 86 UT Smith Creek 8 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapyuest.com, etc.).
Page 8 of 12
Cumulative impacts (linear distance in feet) to all streams on site: 188
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.
Impacts were avoided and minimized as much as practical. Headwalls are proposed
to reduce the impacts. Stream crossing #2 utilizes an existing crossing to reduce the amount
of impact.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strrn.gide.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.
Proposed mitigation is to make payment into the NCWRP Program. See attached letter.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. 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): 274
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Page 10 of 12
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
. Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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
(Neuse), 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 8190 3 N/A
2 5460 1.5 N/A
Total 13650
* Gone 1 extends out 30 teet perpendicular from near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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.
XI. Stormwater (required by DWQ)
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.
Attached is the proposed stormwater management plan.
XII. Sewage Disposal (required by DWQ)
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.
Sewage disposal will utilize the existing sanitary sewer lines transversing the property.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
09/20/2002 10:36 FAY 18009984903 TORREY EXEC
Letter or Authorization
D. R. Horton, Inc. -Torrey homes authorizes .Kiley-14orn and Associates, Inc.
to act as our limited agent to prepare and coordinate in the application to the U.S.
Army Corps of Engineers for 404/401 permits and jurisdictional determinations
associated with the proposed development of a site (Tax pin 1739947297/
1749050974) located west of Ligon Mill Road (SR 2044), south of Wake Forest
in Wake County, North Carolina. Authorization will terminate on either final
agancy action or upon written notification from either parties involved.
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Project: D.A. Horton, Inc. - Torrey Homes
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and Associates, Inc. Date: Scale: Project No. Figure:
09/2002 1:24,000 012336000 2
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Title: Site Map
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Kimley-Horn
®f and Associates, Inc.
October 1, 2002
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P.O. Box 33068
Raleigh, North Carolina
27636.3068
Mr. Jeff Jurek
NCDENR/DWQ/Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Re: Mitigation Credit Request
Neuse River Basin (HU 03020201
Wake Forest, Wake County, North Carolina
Dear Mr. Jurek:
Kimley-Horn and Associates, Inc. acting as agent for D. R. Horton, Inc. - Torrey
Homes is requesting 274 feet of stream mitigation credits for impacts associated
with the proposed Ligon Mill subdivision. The proposed project is located west
of Ligon Mill Road (SR 2044) approximately 1.4 miles south of Wake Forest in
Wake County in USGS Hydrologic unit 03020201. The mitigation credit is
needed for a 404 Nationwide #14 permit and 401 Water Quality Certification.
Attached is a site location map.
If you have any questions, please call me at (919) 678-4173.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
G?
Norton Webster
Environmental Scientist
¦
TEL 919 677 2000
FAX 919 677 2050