HomeMy WebLinkAbout20021672 Ver 1_COMPLETE FILE_20021016ObOF W A L6RQ
6 r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 23, 2002
DWQ# 02-1672
Wake County
Keith Weaver
P.O. Box 1908
Raleigh, NC, 27602
APPROVAL. of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Weaver:
You have our approval, in accordance with the attached conditions, to place fill in a maximum of 149 linear feet of
perennial streams, including bank stabilization measures, and to impact 13,559 square feet of protected Neuse Buffers in
order to construct The Registry at Bailey Farm in Wake County, as described in your application received by the Division of
Water Quality on November 1, 2002. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3362, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use Nationwide Permit Number 39 when issued by
the U.S. Army Corps of Engineers. This approval is-also valid for the Neuse River Buffer Rules (15A NCAC 213 .0233). In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification as well as the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed;
2. 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: A sample deed notification can be downloaded frorri the 401 /Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetiands.;
Stormwater from these lots shall be directed to flow at non-erosive velocities into the protected buffers onsite.
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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please call Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central
Office at 919-733-9721. Questions relating to the Neuse Buffer Rules should be directed to Bob Zarzecki at 919-733-9726.
.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NCV7W-1617 (919) 733-7015
CAE;-,
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Brad Suther, 11010 Raven Ridge Road, Raleigh, NC, 27614
021672
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The Registry at Bailey Farm County Wake
Project Number 02 1672 County2
Recvd From APP Region Raleigh
Received Date 10/16/02 Recvd By Region
Project Type residential Development
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet 3fa Yp
Type Type Impact Score Index Prim. supp. Basin Req. Req. { zJ?
39 Stream FT _@)N F--27-16-(1) WSIV NSW 30,401. F__ 149.00 ? F_
ti
F TR Buffers F7_0 ,; F_ F_ F_F_ I- F_ F__ ?;_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? p Y O N Recommendation: Q Issue 0 Issue/COnd 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
I am unsure of the total amount of impact. Request for 149 feet. Let's make sure that the total
stays under that threshold and then mitigation will not be required. Other wise $,$$$$$$
cc: Regional Office
Central Office Page Number 1
NCDENR-DWQ .
Attn: Mr. John D .
2321 Crabtree Bl
Parkview Building
Raleigh, NC 27604
October 16, 2002
Resubmitted November 1, 2002
US Army Corps of Engineers
Attn: Ms. Amanda Jones
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 39/401 Water Quality Certification/Buffer Compliance Request
The Registry at Bailey. Farm
Raleigh, Wake County, North Carolina
UTM Coordinates: Z 17, 7105200E 39805300 N)
S&EC Project #: 99-4735\
DWQ # 02-1672
Dear Mr. Dorney and Ms. Jones:
On behalf of Keith Weaver (property owner), we hereby request authorization from the
US Army Corps of Engineers to use Nationwide Permit 39 to cover impacts to a stream
channel. We also request written concurrence from the NC Division of Water Quality
(NC-DWQ) that the project complies with the 401 Water Quality Certification associated
with Nationwide Permit 39 and the Neuse River Basin Buffer Rules. A Pre-construction
Notification Application (PCN) is attached, as well an agent authorization form.
The proposed project, which consists of a residential development, is located
approximately 1700 feet east of the intersection of Norwood Road (1834) and Mount
Vernon Road (1845), on both the north and south sides of Norwood Road. Please refer to
the USGS topographic map attached for the location of the project. S&EC conducted a
Neuse Buffer evaluation of the project site in 1999. On September 8, 1999, Mr. Charles
Brown, of the NC-DWQ, conducted a site visit and determined features A, E, G, H, the
pond above feature C, and the two ponds above feature L were determined to be not
subject to the Buffer Rules (see attached 9/14/99 letter). All other features were
determined to be subject at the locations depicted on the attached approved buffer map.
On October 8, 2002, S&EC conducted a delineation of the proposed road crossing only
and determined that the jurisdictional area within the impact corridor consists of a
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
G9tY' W
Environmental Consultants, Inc.
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
.00
Western Branch Offices: (828) 635-5820 • (828) 312-7902 • (704) 516-3922
October 16, 2002
S&EC Project #: 4735
Page 2 of 3
perennial stream channel only. No wetlands outside of the stream channel were found.
An upland data point describing this area is attached.
The applicant plans to construct a road crossing over an unnamed tributary to Lower
Barton Creek in order to access lots 8 -11 (see impact..l.on,.atthed,impact map). The
proposed crossing will impact 149 linear feet of stream channel and. 69 square feet of
Zone 1 and 4,888 square feet of Zone 2 of the riparian buffer. No btlier impacts to
wetland, stream channels, or riparian buffers are proposed on-site. Pr ase note that four
proposed well lots are shown on the northern side of the site (see inset+B). These areas
s
are reserved for future well lots to be used by beater Utilities, Inc AiThe. wells are not
planned to serve the Registry at Bailey Farm an4-IL l not be installed iri the near future,
but they may be used by Heater Utilities in the future to provide water` °to surrounding
residential areas. A 16- foot long existing path and pipe, which according to the
applicant were constructed in 1964, are present across stream feature D and its riparian
buffer between proposed well lots 1 and 2. If wells are installed, the existing road will be
used to access well lots 2 - 4, and a 6" water line will be installed through the existing
road to carry water from wells 2 - 4 off site. According to Mr. Trenton Stewart, of BNK,
Inc., the existing crossing will be adequate to install the 6" water line required to carry
water across the stream channel, and no additional impacts to the stream channel and
riparian buffer in the vicinity of the existing stream crossing will be required. Therefore,
no impacts to stream channel or riparian buffer are proposed in this location.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification (0.10 acre) or if a discharge to a special aquatic
site such as wetlands is proposed. The applicant requested a detailed delineation
proposed impact areas in order to avoid and minimize impacts to jurisdictional wetlands
to the maximum extent practicable. However, a portion of high ground on the northern
side of the site, comprised of lots 8 -11, is bounded to the east, west and south by
buffered stream channels, making it necessary to construct a road crossing over a
perennial channel to access the area. The applicant plans to cross the channel and
riparian buffer at an approximately perpendicular angle in order to minimize impact.
Because the roadway crossing will be constructed perpendicular to the stream channel,
S&EC believes the USACE should not require further compensatory mitigation for this
project.
NC-DWQ's current policy does not require wetland or stream mitigation for wetland and
perennial stream channel impacts below 1 acre and 150 linear feet per project. Because
the total cumulative. permanent impacts for the site consist of 149 linear feet of stream
channel and no wetland impacts, S&EC believes that neither wetland nor stream
mitigation should be required by NC-DWQ.
October 16, 2002
S&EC Project #: 4735
Page 3 of 3
square feet (0.311 acre) and 149 linear feet. Current NC-DWQ policy allows road
crossing without mitigation if the impacts are less than or equal to 150 linear feet of
stream channel or 1/3 acre of riparian buffer per tributary. Because the project impacts
are within these thresholds, S&EC believes that riparian buffer mitigation should not be
required.
Sincerely,
Bra
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Site Location Map
Soil Survey Map
Over-all Impact Map
Inset A
Inset B
Agent Authorization
Upland Data Form
Riparian Buffer Rules Letter & Approved Map (9/14/099)
Check for $200 401 Application Fee
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. P-16 7 R
(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: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NC)VRP 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
1 Owner/Applicant Information
Name: Keith Weaver
Mailing Address: PO Box 1908
Rale;Qh NC 27602
Telephone Number: (919) 880-9919 Fax Number:
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: Brad Suther
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: (
E-mail Address: 919) 846-5900 Fax Number: (919) 846-9467
. bsuther(a)sandec com
Page 5 of 12
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: (919) 733-2293
Fax: (919) 733-1495
Western Piedmont Region Coordinator
3855 Idlewild Road
Kemersville, NC 27284-9180
Telephone: (336) 769-9453
Mountain Region Coordinator
20830 Great Smoky Mtn- Expressway
Waynesville, NC 28786
Telephone: (828) 452-2546
Fax: (828) 452-7772
CAMA and NC Coastal Counties
Beaufort Chowan Hertford Pasquotank
Bertie Craven Hyde Pender
Brunswick Currituck New Hanover Perquimans
Camden Dare Onslow Tyrrell
Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Page 4 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: The Registry at Bailey Farm
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0799889365
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): The Registry at Bailey Faun
Directions to site (include road numbers, landmarks, etc.): The subject property is located
approximate) 1700 feet east of the intersection of Norwood Road (1834) and Mount Vernon
Road 1845 on both the north and south sides of Norwood Road.
5. Site coordinates, if available (UTM or Lat/Long):Z 17 105200E 39805300 N
(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): +/- 200 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Lower Barton 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 http•h2o.enr.state.nc.us/admin/mai)s/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: U land areas on-site are in fields and bottomland areas are
Page 6of12
J
forested. Land use in the vicinity of the project consists of residential developments and
agricultural land.
10. Describe the overall project in detail, including the type of equipment to be used:
The project consists of construction of a residential subdivision Conventional heavy
equipment typical of subdivision construction will be used for this project
11. Explain the purpose of the proposed work:_ The purpose of the project is to construct a
residential subdivision. The purpose of the road crossing is to access lots 8 - 11, which are
isolated from the rest of the property by stream channels to the west south and east
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.
No jurisdictional determination or permits have been requested or obtained for this project in the
past. S&EC conducted a Neuse Buffer evaluation of the project site in 1999 On September 8
1999, Mr. Charles Brown, of the NC-DWQ conducted a site visit and determined features B C
(downstream of but not including the pond the pond shown on the soil survey) D E I J K L
(downstream of but not including the two ponds shown on the soil survey) and M are subject to
the Neuse Buffers as depicted on the attached site plan. All other features shown on the attached
copy of the Wake County soil survey map were determined to be not subject to the Buffers
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.
None known at this time.
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
Page 7 of 12
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. Provide a written description of the proposed impacts: The proposed impact consists
of a roadwa crossin of a erennial channel that is sub'ect to the use River Buffers. No
wetlands are present within the impact area outside of the channel (see upland data form,
attached .
2. Individually list wetland impacts below:
Area of Located within Distance to
Wetland Impact
Site Number Type of Impact* impaac)t 100-ye ( Flonoodplain** Nearest fStre eet Type of Wetland"* S linear site
on ma ) acre
NA
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 hi=//www.fema.gov.
describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
List a wetland type that best
L
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
+/- 4 acres (open
List the total acreage (estimated) of all existing wetlands on the property:
water - onds
Total area of wetland impact proposed: NA
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
* Length of
Stream Name** Average Width
of Stream Perennial or
Intermittent?
Site Number Type of Impact act
Imp
(linear feet) Before Im act lease s ecifi
ndicate on ma)
Roadway fill UT of Lower Barton 5' Perennial
Impact 1 (culvert and 149 LF Creek
dissipater)
11 , I "1
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
inga and after,
floodi
dams (separately list impacts due to both structure and flooding), relocation (include
stream elocati nnis
ditching/straighten
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation,
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.ma uest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 149 linear feet
Page 8 of 12
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
Type of Impact* Are
of
Im
Name of Waterbody Type of Waterbody
(indicate on ma ;
(ac (if applicable) (lake, pond, estuary, sound,
NA bay, ocean, etc.)
* T ief -U u=.Na.' ?CFXatdy and iaennry temporary impact& 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic; trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII.
VIII.
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.
The applicant requested a detailed delineation of wetlands and waters within the proposed impact
area in order to minimize impacts to jurisdictional areas to the maximum extent practicable
However, a portion of high ground on the northern side of the site comprised of lots 8 11, is
bounded to the east, west and south by buffered stream channels making it necessary to
construct a road crossing over a nnrpnntal nknnnol +n ?nnuc+c#U- .,--- - rL_ ____,• _ _ -. ,
minimize impact.
ivlingation
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.
Page 9 of 12
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, her storing, 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 h? Work in North Carolina, available at
9!
httn //h2o enr state nc us/ncwetlands/strm d
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) servation of mitigation proposed (restoration, enhancement, creation, conservation t), a plan vdw,
preservation mechanism (e.g., deed restrictions,
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
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 httn'//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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of coastal wetland mitigation requested (acres): NA
Page 10 of 12
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
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
feet
(square )
Multiplier
Required
Mitigation
1 8,669 3 NA
2 4,888 1.5 NA
Total 13,559 NA
Zone I extends out 30 feet perpendicular from near bank of channel; Zone 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 Restoratio26Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0
XI. Stormwater (required by DWQ) the Describe impervious acreage (both existing and proposed)
to o eTSUrface wa trsg and wetlands
Discuss stormwater controls proposed in protect
downstream from the property.
information re ardin on-site Stormwater mana ement is required.
XII. Sewage Disposal (required by DWQ)
discharge) of
Clearly detail the ultimate treatment methods and disposition
capacity of the subject facility.
wastewater generated from the proposed project, o Individual se tics stems
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 o dates sequencing atethat may impose d with Endangered sand
work schedules (e.g., draw-down schedules for lakes,
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Date
Ap ' a ent s i ;ature
(Agent's signature is va i only if an authorization letter from the applicant is provided.)
Page 12 of 12
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pF EL?PER: THE REGISTRY AT BAILEY FARM, LN-DOSE BUFFER IMPACT M •741b CHAPEL HILL ROAD RALEIG.H, NORTH CAROLINA 27
Ma TE nESCmPrnm TELEPHONE! (919)831-412, FA% C 39)851-8968 p
-BARTONS CREEK TMP, WAKE COUNTY NORTH CAROLINA SCALE. 1'=500' •10403E LIGON MD_L ROAD, WAKE FOREST, NORTH CAROLI
REVISIONS TELEPHONE, (919)570-1360, FAX. (919)570-1362
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IMPACT SQUARE FOOT LINEAR FEET
LOCATION TYPE (SF) (FT)
Oi CHANNEL 590 149
NRB ZONE 1 8,669 ---
NRB ZONE 2 4.888 ---
100 150 NRB=NEUSE BUFFER
BASS, NIXON & KENNEDY, JID8 No. 98073000 IMPACT INSET MAP
Q CONSULTING ENGINEERS 9-18-02 FOR
06310 CHAPEL HILL ROAD, SUITE 250 DATE
RALEIGH, NORTH CAROLINA 27607 THE REGISTRY@BAILEY FARM
D 010405E LIGON MILL ROAD RAWN BY TDS
WAKE FOREST, NORTH CAROLINA 27
oTELEPHONE, (919)851-4422 OR (800)3 4 XOROVED BY TDS WAKE COUNTY, NORTH CAROLINA
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Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Registry at Bailey Farm; S&EC Project #99-4735 Date: 10/8/02
Applicant/Owner. Keith Weaver County: Wake
Investigator: Kevin Martin State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Mixed Pine - Hardwood
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: NA
Upland adjacent
perennial stream
channel within
proposed road crossing
Is the area a potential Problem Area? Yes X No Plot ID: corridor
If needed, explain on reverse.)
111:r3PTATinfu
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Eulalia viminea Herb FAC+ 9.
2. Comus flodda Sap FACU 10.
3. Acer rubrum Tree FAC 11.
4. liquidambar styraciflua Tree FAC+ 12.
5. Lidodendron tulipifera Tree FAC 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 80%
Remarks:
uvnoni nf2v
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_
Stream, Lake or Tide Gauge Primary Indicators:
_
Aerial Photographs _ Inundated
_
Other Saturated in Upper 12 Inches
X No Recorded Data Available Sediment Deposits
Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water. 0 (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: >18 (in.) FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: >18 (in.)
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Project/Site: Registry at Bailey Farm, S&EC #4735 Plot ID: Upland within proposed
crossing
SAILS
Map Unit Name Drainage Class: Well drained
(Series and Phase): Pacolet Field Observations
Taxonomy (Subgroup): Typic Kanhapludults Confirm Magw&Type? X Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-3 A 7.5 YR 5/4 - - Sand loam
3-18+ Bt 2.5 YR 4/6 - - Sand clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: a 4S ?.IJO rt `w? ?-~ 4-ft ,
Cr.' ta-t
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? Yes X No Yes X No
Hydric Soils Present? Yes X No I
Remarks: S
)003 Qy
?NOR1 C;
JAMES B. HUNT J"I t
GOVERNORF
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i'- WAYNE. ?McDEVITT.
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
'ilv SECRETARY -
RALEIGH REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 14, 1999
Mr. Ashley Rollans
S&EC, Inc.
244 West Millbrook Road
Raleigh, NC 27609
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 99 197
Bailey Farm Tract
Wake County
Dear Mr. Rollans:
On September 8, 1999, I conducted a site visit of the stream feature involved in the
above referenced project. It was determined as a result of the site visit that the water bodies/
channels present on the property were intermittent streams and therefore subject to the
Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC
0233). The water bodies/channels and the approximate placement of the buffer area is
defined on the attached plan. The water bodies/channels are unnamed tributarys of Lower
Barton Creek.
This office has assigned the reference number of NBRRO 99 197 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have any additional questions concerning this letter, please do not hesitate to contact
me at 571-4700 ext. 245.
Sincerely, .
N?V4 6?__
Charles Brown
Environmental Specialist
cc: John Dorney, DWQ
\neusbuf.let\nbr99197.let
3800 BARRETT DRIVE= SUITE 101= RALEIGH, NORTH CAROLINA 27609
PHONE 919-571-4700 FAX 919-571-4718
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
i?E?
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SCALE: 1 '#%p?p
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
US Army Corps of Engineers
Attn: Ms. Amanda Jones
6508 Falls of the Neuse Rd., Ste.
Raleigh, NC 27615
120
RE: Nationwide Permit 39/401 Water Quality Certification/Buffer Compliance Request
The Registry at Bailey Farm
Raleigh, Wake County, North Carolina
(UTM Coordinates: Z 17, 7105200E, 39805300 N)
S&EC Project #: 99-4735)
Dear Mr. Dorney and Ms. Jones:
On behalf of Keith Weaver (property owner), we hereby request authorization from the
US Army Corps of Engineers to use Nationwide Permit 39 to cover impacts to a stream
channel. We also request written concurrence from the NC Division of Water Quality
(NC-DWQ) that the project complies with the 401 Water Quality Certification associated
with Nationwide Permit 39 and the Neuse River Basin Buffer Rules. A Pre-construction
Notification Application (PCN) is attached, as well an agent authorization form.
The proposed project, which consists of a residential development, is located
approximately 1700 feet east of the intersection of Norwood Road (1834) and Mount
Vernon Road (1845), on both the north and south sides of Norwood Road. Please refer to
the USGS topographic map attached for the location of the project. S&EC conducted a
Neuse Buffer evaluation of the project site in 1999. On September 8, 1999, Mr. Charles
Brown, of the NC-DWQ, conducted a site visit and determined features A, E, G, H, the
pond above feature C, and the two ponds above feature L were determined to be not
subject to the Buffer Rules (see attached 9/14/99 letter). All other features were
determined to be subject at the locations depicted on the attached approved buffer map.
On October 8, 2002, S&EC conducted a delineation of the proposed road crossing only
and determined that the jurisdictional area within the impact corridor consists of a
perennial stream channel only. No wetlands outside of the stream channel were found.
An upland data point describing this area is attached.
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhilhp Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820
Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467
www.SandEC.com' " __
October 15, 2002
S&EC Project #: 4735
Page 2 of 3
The applicant plans to construct a road crossing over an unnamed tributary to Lower
Barton Creek in order to access lots 8 - 11 (see impact 1 on attached impact map). The
proposed crossing will impact 149 linear feet of stream channel and 8,669 square feet of
Zone 1 and 4,888 square feet of Zone 2 of the riparian buffer. No other impacts to
wetland, stream channels, or riparian buffers are proposed on-site. Please note that four
proposed well lots are shown on the northern side of the site (see inset B). These areas
are reserved for future well lots to be used by Heater Utilities, Inc. The wells are not
planned to serve the Registry at Bailey Farm and will not be installed in the near future,
but they may be used by Heater Utilities in the future to provide water to surrounding
residential areas. A 16- foot long existing path and pipe, which according to the
applicant were constructed in 1964, are present across stream feature D and its riparian
buffer between proposed well lots 1 and 2. If wells are installed, the existing road will be
used to access well lots 2 - 4, and a 6" water line will be installed through the existing
road to carry water from wells 2 - 4 off site. According to Mr. Trenton Stewart, of BW
Inc., the existing crossing will be adequate to install the 6" water line required to carry
water across the stream channel, and no additional impacts to the stream channel and
riparian buffer in the vicinity of the existing stream crossing will be required. Therefore,
no impacts to stream channel or riparian buffer are proposed in this location.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification (0.10 acre) or if a discharge to a special aquatic
site such as wetlands is proposed. The applicant requested a detailed delineation
proposed impact areas in order to avoid and minimize impacts to jurisdictional wetlands
to the maximum extent practicable. However, a portion of high ground on the northern
side of the site, comprised of lots 8 -11, is bounded to the east, west and south by
buffered stream channels, making it necessary to construct a road crossing over a
perennial channel to access the area. The applicant plans to cross the channel and
riparian buffer at an approximately perpendicular angle in order to minimize impact.
Because the roadway crossing will be constructed perpendicular to the stream channel,
S&EC believes the USACE should not require further compensatory mitigation for this
project.
NC-DWQ's current policy does not require wetland or stream mitigation for wetland and
perennial stream channel impacts below 1 acre and 150 linear feet per project. Because
the total cumulative permanent impacts for the site consist of 149 linear feet of stream
channel and no wetland impacts, S&EC believes that neither wetland nor stream
mitigation should, be required by NC-DWQ.
As noted above, the applicant plans to construct a road crossing over an unnamed
tributary of Lower Barton Creek to access a portion of high ground on the northern
boundary of the site. The cumulative riparian buffer impacts to this tributary are 13,559
October 15, 2002
S&EC Project #: 4735
Page 3 of 3
square feet (0.311 acre) and 149 linear feet. Current NC-DWQ policy allows road
crossing without mitigation if the impacts are less than or equal to 150 linear feet of
stream channel or 1/3 acre of riparian buffer per tributary. Because the project impacts
are within these thresholds, S&EC believes that riparian buffer mitigation should not be
required.
Sincerely,
Brad uther
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Site Location Map
Soil Survey Map
Over-all Impact Map
Inset A
Inset B
Agent Authorization
Upland Data Form
Riparian Buffer Rules Letter & Approved Map (9/14/099)
Check for $200 401 Application Fee
Office Use Only:
USACE Action ID No.
(If any partici
I. Processing
II.
Form Version May 2002
DWQ No.
item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Check all of the approval(s) requested for this project:
N Section 404 Permit N Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (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: ?
Applicant Information
1.'' Owner/Applicant Information
Name: Keith Weaver
Mailing Address: PO Box 1908
Raleigh, NC 27602
Telephone Number: (919) 880-9919 Fax Number:
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: Brad Suther
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 R_ aven Ridae Road
Raleigh NC 27614
Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467
E-mail Address: bsuther(c?sandec corn
Page 5 of 12
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan
C Hertford
de
H Pasquotank
Pender
1638 Mail Service Center Bertie
Brunswick raven
Currituck y
New Hanover Perquimans
Raleigh, NC 27699-1638 Camden 'Dare Onslow Tyrrell
Telephone: (919) 733-2293 Carteret Gates Pamlico Washington
Fax: (919) 733-1495
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
Wilk
3855 Idlewild Road Ashe Mitchell es
NC 27284-9180
Kernersville Avery Stokes
,
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson
kson
J Polk
Rutherford
20830 Great Smoky Mtn. Expressway Cherokee
Clay ac
Macon Swain
Waynesville, NC 28786 Graham Madison Transylvania
Telephone: (828) 452-2546 Haywood McDowell Yancey
Fax: (828) 452-7772
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Page 4 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: The Registry at Bailey Farm
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property identification Number (Tax PIN): 0799889365
4. Location
county: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): The Registry at Bailey Farm
Directions to site (include road numbers, landmarks, etc.): The subiect property is located
ap roximately 1700 feet east of the intersection of Norwood Road (1834) and Mount Vernon
Road 1845 on both the north and south sides of Norwood Road.
5. Site coordinates, if available (UTM or Lat/Long):Z 17 7 105200E 39805300 N
(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): +/- 200 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Lower Barton 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 http://h2o.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: Upland areas on-site are in fields and bottomland areas are
Page 6of12
forested. Land use in the vicinity of the project consists of residential developments and
agricultural land.
10. Describe the overall project in detail, including the type of equipment to be used:
The project consists of construction of a residential subdivision Conventional heavv
equipment typical of subdivision construction will be used for this project
11. Explain the purpose of the proposed work:_ The purpose of the project is to construct a
residential subdivision. The ose of the road crossing is to access lots 8 - 11 which are
isolated from the rest of the property by stream channels to the west south and east
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.
No jurisdictional determination or permits have been M quested or obtained for this project in the
past. S&EC conducted a Neuse Buffer evaluation of the project site in 1999 On September 8
1999. Mr. Charles Brown of the NC-DWQ conducted a site visit and determined features B C
(downstream of but not including the pond the pond shown on the soil survey) D E I, J K L
(downstream of but not including the two ponds shown on the soil survey) and M are subject to
the Neuse Buffers as depicted on the attached site plan. All other features shown on the attached
co of the Wake Coun soil survey ma were determined to be not subject to the Buffers.
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.
None known at this time.
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
Page 7 of 12
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. Provide a written description of the proposed impacts: The proposed impact consists
of a roadwa crossin of a erennial channel that is subject to the Neuse River Buffers. No
wetlands are present within the impact area outside of the channel (see upland data form,
attached .
2. Individually list wetland impacts below:
retland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
acres (es/no) (linear feet)
idicate on ma
NA
ng, grading, fill,
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cleari
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 httn://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.) 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: +/- 4 acres (open
water - onds
Total area of wetland impact proposed: NA
3. Individually list all intermittent and perennial stream impacts below:
Length of Average Width Perennial or
Stream Impact
Site Number Type of Impact* Impact stream Name** of Stream
Before Im act Intermittent?
leases ec&
indicate on in linear feet)
(
Roadway fill UT of Lower Barton 5' Perennial
Impact 1 (culvert and 149 LF Creek
dissipater)
11 1. 1 1 List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
and flooding), relocation (include linear feet before and after, and net loss/gain),
dams (separately list impacts due to both structure
ion,
activities (cement wall, rip-rap, crib wall, gabions, etc.), excavatditching/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.!Oozone.com
www manguest.co etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1491inear feet
Page 8 of 12
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
Type of Impact* Area of
Impact
Name of Waterbody Type of Waterbody
(indicate on ma
(acres) (if applicable) (lake, pond, estuary, sound,
NA bay, ocean, etc.)
* T;et -U - _t__ _a e?---
...IF- OtrynaULUly auu identity 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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.
The applicant requested a detailed delineation of wetlands and waters within the proposed impact
area in order to minimize nnpacts to jurisdictional areas to the maximum extent practicable
However, a portion of hiL-h eround on the northern side of the site comprised of lots 8 11 is
bounded to the east west and south by buffered stream channels making it necessary to
construct a road crossim over a perennial channel to access the area The applicant plans to
cross the channel and riparian buffer at an approximately perpendicular angle in order to
minimize 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
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
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
httD://h2o.enr.state.nc.us/ncwetI ands/strmQide.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.
NA
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/wrn/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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 10 of 12
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
(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 8,669 3 NA
2 4,888 1.5 NA
Total 13,559 NA
c.vae i extenas out.su teet perpendicular from near bank of channel; Zone 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.
NA
XI. Stormwater (required by DWQ)
the site.
Describe impervious acreage (both existing and p to ° protect ers?ace?watersacreage
and wetlands
Discuss stormwater controls proposed in
downstream from the property. o,,,-faeP onverage of the site will
SiOTIilwdLct _-
information re ardin on-site stormwater management is re uired.
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.
Individual se tics stems
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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 desired
construction dates to allow processing time for these permits. However, an applicant y
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).
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Scale: 1 " 50'
50 0 5 100 150 NRB=NEUSE BUFFER
BASS, NIXON & KENNEDY, MOB No. 98073000 IMPACT INSET MAP
CONSULTING 030 CHAELHILL EROAD, SUITTES
6 250
DATE
9-18-02
FOR
RALEIGH, NORTH CAROLINA 27b07
010405E LIGON MILL ROAD
RAWN BY
TDS THE REGISTRY@BAILEY FARM
WAKE FOREST, NORTH CAROLINA 275
oTELEPHONEt (919)851-4422 OR (8007 W ROVED BY TDS WAKE COUNTY, NORTH CAROLINA
2
R
rn
MA
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Si t6: Registry at Bailey Farm; S&EC Project #99-4735 Date: 10/8/02
Applicant/Owner: Keith Weaver County: Wake
Investigator:, • Kevin Martin State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Mixed Pine - Hardwood
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: NA
Upland adjacent
perennial stream
channel within
proposed road crossing
Is the a>r'ea-a4, Jdtential Problem Area? Yes X No Plot ID: corridor
(If needed,, explain on reverse.)
\1Fn1=TATInIU
Dominant Plarf°'Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Eulalia viminea Herb FAC+ 9.
2. Comus flodde Sap FACU 10.
3. Acer rubrum Tree FAC 11.
4. Liquidambar styraciflua Tree FAC+ 12.
5. Liriodendron tulipifera Tree FAC 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 80%
Remarks:
uvnDni new
i
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
Other _ Saturated in Upper 12 Inches
X . No Recorded Data Available _ Sediment Deposits
Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 (in.) _ Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: >18 (in.) FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: >18 (in.)
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Project/Site: Registry at Bailey Farm, S&EC #4735 Plot ID: Upland within proposed
crossing
SOILS
Map Unit Name Drainage Class: Well drained
(Series and Phase): Pacolet Field Observations
Taxonomy (Subgroup): Typic Kanhapludults Confirm MvpM&Type? X Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-3 A 7.5 YR 5/4 - - Sand loam
3-18+ Bt 2.5 YR 4/6 ---- --- Sand clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: a eA 4.4 C•I?JO rJL ^.'% OI" -- _f 4k 0
k%.,.Cse? 10-t
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? Yes X No Yes X No
Hydric Soils Present? Yes X No r
Remarks: S
C.
d y,rwy
1003
NOR}? O?'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 14, 1999
Mr. Ashley Rollans
S&EC, Inc.
244 West Millbrook Road
Raleigh, NC 27609
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 99 197
Bailey Farm Tract
Wake County
Dear Mr. Rollans:
On September 8, 1999, I conducted a site visit of the stream feature involved in the
above referenced project. It was determined as a result of the site visit that the water bodies/
channels present on the property were intermittent streams and therefore subject to the
Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC
0233). The water bodies/channels and the approximate placement of the buffer area is
defined on the attached plan. The water bodes/channels are unnamed tributarys of Lower
Barton Creek.
This office has assigned the reference number of NBRRO 99 197 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have any additional questions concerning this letter, please do not hesitate to contact
me at 571-4700 ext. 245.
Sincerely,
N??
Charles Brown
6?-
Environmental Specialist
cc: John Dorney, DWQ
\neusbuf.let\nbr99197.let
3800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE 919-571-4700 FAX 919-571-4718
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/1096 POST-CONSUMER PAPER
LEGEND
® NEUSE BASIN
1?1
SCALE: 1 ":i App
SOIL & ENVIRONMENTAL CONSULTANTS, PA FIRST-CmzENS BANK :15802
11010 RAVEN RIDGE ROAD AND TRYST COMPANY
RALEIGH, NC 27614 RALEIGH, NC 27609
(919) 846-5900 FAX: (919) 846-9467 66-301531
10/16/2002
PAY TO THE $*-200.00
ORDER OF
itrn of'vFcci Qtta1=
*-**--*****-**-*******-*******-*-****-*****+*******?******************-***-?
DOLLARS ,
el
wo Hundred and 00/
NC Division of Water Quality
MEMO
job 94 735 Pennit App. f?C L I/
1100 L 580 2n0 r:0 5 3 X00 3001:086 i 24864911'
Soil & Environmental Consultants, Inc,
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467
Web Page: www.SandEC.com
November 1, 2002
,1 71
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Boulevard
Raleigh, NC 27699-1621
RE: 401-Water Quality Certification and Neuse River Buffer Rules
Compliance Request
Registry at Bailey Farm
Raleigh, Wake County, North Carolina
S&EC Project #4735
DWQ Project #02-1672
Dear Mr. Dorney,
On October 31, 20029 I received correspondence from the NC-DWQ stating
that the 401-Water Quality Certification application and Neuse River Buffer
compliance request for the Registry at Bailey Farm has been placed on hold,
pending receipt of 7 signed copies of the application. I am hereby
resubmitting the 401-Water Quality Certification application and Buffer
compliance request, despite the fact that I feel this matter could be settled in
a far more timely and efficient manner by requesting that I come by your
office and sign the applications in person, or by requesting a faxed or mailed
copy of page 12 of the PCN with my signature, rather than by requiring a re-
submittal of the entire application and re-setting the 60-day permit
processing period. However, instead of debating the issue, I am re-
submitting the application in order to best serve the interests of our client.
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: (828) 635-5820 - (828) 312-7902 - `(704) 516-3922
i
i
Enclosed are seven signed-copies of the original cover letter,,. application,
and attachments. Please note that the $200 Water Quality Certification Fee
required for the requested impacts was included in the origi ? submittal,
received by NC-DWQ on October 16th, 2002. Therefore, no check is
included with this re-submittal.
Please call meat 1 846-5900 if you require any additional information,
or email me "at -b b 0,sandec.com.
Sincerely,
Brad Suther
Environmenta Scientist
a.
Attachments:
DWQ correspondence dated October 28h,2002
401-WQC / Buffer Compliance application (7 copie)
Cc: Mr. Trenton Stewart, BNK, Inc.
Mr. Keith Weaver
?j
ii
i
?i
y
i
i
?OF W ATF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
`p . T- North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director Division of Water Quality
October 28 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Keith Weaver
Post Office Box 1908
Raleigh, NC 27602
Dear Mr. Weaver:
DWQ # 02-1672
Wake County
Project Name: The Registry at Bailey Farm
f
IiLT 3 ? 20 0 2
On October 16, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wetland for the purpose of residential development in Wake
County. Approval from DWQ is required to disturb these waters. Please provide 7 copies of the
following information and refer to the DWQ # listed above in your reply.
1. Please provide signed copies of the application.
. Please telephone me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A
NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
Program
JRD/bs
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Brad Suther, S&EC
N. C. 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), (http://h2o.enr.state.nc.us/ncwetlands
OF W a 7F9 Michael F. Easley, Governor
O q G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director Division of Water Quality
O t b 28 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Keith Weaver
Post Office Box 1908
Raleigh, NC 27602
Dear Mr. Weaver:
c o er ,
DWQ # 02-1672
Wake County
Project Name: The Registry at Bailey Farm
On October 16, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wetland for the purpose of residential development in Wake
County. Approval from DWQ is required to disturb these waters. Please provide 7 copies of the
following information and refer to the DWQ # listed above in your reply.
1. Please provide signed copies of the application.
. Please telephone me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A
NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
Program
JRD/bs
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Brad Suther, S&EC
N. C. 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), (http://h2o.enr.state.nc.us/nowetiands
N?f.DE
}
DWQ# Date 2-
$$) Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipators, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stonmwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
$) Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why
it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please
revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please
revise the plans to minimize the impacts.
D The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse
flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater
can be discharged through the buffer.
$) Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was request. Please provide $
This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
$) Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform
to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project: