20021915 Ver 1_COMPLETE FILE_20021216

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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 30, 2002
Wake County
DWQ Project #: 02-1915
APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS
JL Development Custom Homes, LLC
Attn: John Loureiro
3732 Sunlake Farms Road
Apex, NC 27502
Dear Mr. Loureiro:
You have our approval, in accordance with the attached conditions, to impact 0.05 acres of buffers
for the purpose of sewer extension at Biltmore Heights subdivision as you described in your application
dated December 11, 2002. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3374, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 12
when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A
NCAC 2B .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, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA 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
except as modified below. If you change your project, you must notify us and you may be required to
send us a new application. If 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
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 211.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, your must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. An additional condition is that 10-foot wide maintenance corridor shall be no wider than 10
feet.
2. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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
NWENR
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)
[phone] (phone), 919=733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 9119-733-1786 or Steve Mitchell
at our Raleigh Regional Office at 919-571-4700.
Attachments
Sincerely,
Qi, P.E., D' for
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
Shayne Leathers, Chase. H. Sells, Inc., 15300 Weston Parkway, Suite 105, Cary, NC 27,513
TRANSMITTAL
CHAS. H. SELLS, INC.
9611M 11 11 all. Iffillm
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DEC Al ? 2ao2 L';
021915
15300 Weston Pkwy, Suite 106, 27C -, , I I--= =`?""" `
Phone: [phone]
Fax: [phone]
To: John Dorney Date: 12/16/02
Company: NCDENR 401 Certification Project Biltmore Sewer Extension.
Address: 2321 Crabtree Blvd Suite 250 Project # 02451
Raleigh, NC 27604-2260
Re: NW#12
FOR YOUR:
Q Approval ? Use ? Information ? Review & Comment ? Record ? Distribution
WE TRANSMIT THE FOLLOWING:
COPIES DATE DESCRIPTION
7 12/15/02 Sewer Extension Drawings C-1, 2,3
1 12/12102 Check for $200
7 12/12/02 PCN Form requesting NW#12
7 12/12102 Cover letter explaining project
REMARKS:
15300 Weston Parkway, Suite 106, Cary, NC 27513 Phone: [phone] Fax: [phone]
C[0WR
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6 2-002
L ; Form Version May 2002
Office Use Only:
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=WARWROT
UP 0 2 9ECr?o?1
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: Nationwide #12
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: .. -:_ JL Development Custom Homes LLC Jo h yi Lour e I f-w
Mailing Address: 3732 Sunlake Farms Road Apex, North Carolina, 27502
Telephone Number: 919- 4g7 4135 Fax Number: 1 -77 - 7 LZ
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: S. Shayne Leathers
Company Affiliation: Chas. H. Sells
Mailing Address: 15300 Weston Parkway, Suite 106
Cary NC 27513
Telephone Number: 919-678-0035 Fax Number: 919-678-0206
E-mail Address: sleathersC&chashsells.com
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Biltmore Heights Sewer Extension
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1702. 12-95-7556
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Biltmore Heights
Directions to site (include road numbers, landmarks, etc.): From Interstate 440 take exit the
Hammand Road exit. Travel south 0.8 miles and turn left on Rush Street and travel 0.6 miles
to the intersection of Rush Street and Garner Road. Turn left on Garner Road travel 0.2 miles
project is on the right
5. Site coordinates, if available (UTM or Lat/Long):
(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): 8.43 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Perennial stream
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: The property is currently undeveloped with a house located
on the south end of the property. Properties located north south and west have been
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developed with apartments and homes. The property to the east is a park with baseball fields
and a pool
10. Describe the overall project in detail, including the type of equipment to be used: Future
use of the site will be for townhomes The attached drawings are for the gravity sewer
extension for the townhomes The project consist of construction of a proposed 8" diameter
DIP sewer extension from the existing City of Raleigh sewer main to the property west of the
stream Construction of the proposed sewer extension will consist of a trackhoe to construct
the sewer line under the stream bed and a concrete truck to pour the concrete encasement.
11. Explain the purpose of the proposed work: Sewer is required for the development of lots 3,
9 10, 11, and 12. The lots will be for residential use with Townhomes.
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 other permits have been requested
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 project permit request will be required
VI. Proposed Impacts to Waters of the United States/Waters of the State
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It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
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**
( es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nu,
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 httr)://www.fenia.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:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma linear feet) Before Impact (please secif )
Page 8 of 13
1. Provide a written description of the proposed impacts: The impacts will be at the
stream channel due to pipe placement and backfill under the existing stream bed.
Construction of the 8" sewer line between manhole 1 and manhole 2 will require impacts to
Sheet C-2. C-3 Utility Line 6 UT 2 Intermittent
Backfill
t-n-nrv imnnrtc Tmnnrts inchide. 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
Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozoile.coni,
wLvw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:_6
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 Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/a

* List each impact separately ana menmy Temporary 1111pacTS. iii,pacw u,Wuuc, emu. a,. _,?, ______,?? ^? _»a•• a,
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)
Page 9 of 13
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 sewer was designed to be located under the stream bed to minimized impacts to the
stream banks with concrete embankments use of multiple equipment, and impact time.
Most of the existing sewer was construction in the riparian buffer which made minimization of
the impacts to the buffer difficult. To minimized the impacts we have located Manhole 2 out of
the buffer and manhole 1 on Zone 2 of the buffer.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
littp://Ii2o.enr.state.nc.us/newetlands/strm,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.
Page 10 of 13
Under the Neuse River Rules 0 5NCAC 213 0.0233) (6) TABLE OF USES: non-electric
Utility lines with perpendicular crossings that disturb equal to or less than 40 linear feet of
riparian buffer with a maintenance corridor greater than 10 feet in width do not require
mitigation only written approval This project will require impacts much less then 40 linear
feet with a maintenance corridor greater than 10 feet,
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
[phone] 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 littp://h2o.enr.state.nc.us/wrp/index.httm. 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): -(impacted but not required for
mitigation)
Amount of buffer mitigation requested (square feet): 2000 (impacted but not required
for mitigation)
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
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 [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (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
Page 11 of 13
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 Neuse )?
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 1439 3 4317
2 975 1.5 1462
Total 2000 5779
* Zone 1 extends out 30 teet perpendicular trom near banK or cnannei; Lone z exrenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
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.
N/A under NW 12
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.
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The proposed sewer extension will provide sewer discharge to the City of Raleigh Sewer
Treatment Plant.
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).
// / 0
cant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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