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HomeMy WebLinkAbout20021923 Ver 1_COMPLETE FILE_20021220Soil & E vironmental Consultants, PA 11010 Raven Ridge Roa • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com This is not a 401 NCDENR-DWQ Attn: Mr. John Dorney ' 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 RE: Buffer Compliance Reque Stoney Creek Subdivision Garner, Wake County, Nc S&EC Project #2694 Dear Mr. Dorney: On behalf of Mother & Son Inv, from the NC Division of Water the Neuse River Basin Riparian proposed road will have no can (PCN) is attached, as well as an ; therefore no processing fee is attached. i.ti VUPV Carolina DEC '2 0 2002 lent, Inc. (property owner), we request written denial dity (NC-DWQ) that the project does not comply with fer Rules (Buffer Rules) based on the fact that the utility. A Pre-construction Notification Application .nt authorization form. The proposed project consists of immediately west of Ballot Road intersection of Ballot Road and I North Carolina and is approxima The property is approximately 21 map attached for the location of The developer does not want 1 connect to an existing road to no additional access to the pr( impacts to be denied on the gi of Garner is requiring the develc the property line) on the eastern a residential housing development and is located (SR 2557) approximately 1800 feet north of the ,ast Garner Road (SR 1004) in Garner, Wake County, :ely 1.1 miles west of the Wake / Johnston County Line. .81 acres in size. Please refer to the USGS topographic he project. install the proposed road as it will currently not ie west and therefore have no function and provide erty. The client would like for the proposed buffer unds that there currently is no function. The Town -.r to install the road to the centerline of the creek (i.e. v Charlotte Office: Greensboro Office: Hickory Office: 236 LePhillip 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)1635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828)635-5820 December 20, 2002 1101 December 20, 2002 S&EC Project #2694 Page 2 of 2 The site has not been evaluated Jurisdictional Determination. T Survey maps is the stream that buffer impacts). The existence not been to the site or issued a or requested for this site so thei br the wetlands and the USACE has not made a e only stream feature depicted on the USGS or Soil the western property line (i.e. the one with the proposed f this creek is not being disputed therefore the DWQ has BRRO #. Also, no permits have previously been issued are no Action ID #'s or DWQ Project #'s. The current subdivision plan do not propose to impact the stream at this time so 401 and 404 permits are not requested. The proposed buffer impacts will total 3538 ftl (0.08 acre) with Zone 1 impacts of 2 08 fe (0.048 acre) and Zone 2 impacts of 1430 fe (0.033 acre). To minimize imparts to the channel, the road has been aligned so as to cross the creek at a nearly perpendicular angle. No cumulative impacts to the v the surrounding properties are i riparian buffers on the channels The proposed site plan will and no stream or wetland ii required. Please call (846-5900) or email or be of any further assistance. Sincerely, ?- t Sean Clark Environmental Scientist Attachments: Pre-construction (PCN) i Agent Authorization Fon USGS Site Vicinity Map Wake County Soil Surve, Over-all Proposed Projec Enlarged Impact Map ied are expected as a result of this project because A or are in agriculture and the project site has ined on-site. less than 1/3 acre of buffers (an "allowable" activity) are proposed, therefore no mitigation should be (SC1arka,SandEC.com) if I can answer any questions form Site Vicinity Map Map Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not ap licable 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: NA 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 (veriavailability 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: ? H. Applicant Information 1. Owner/Applicant Information Name: Mbther & Son Investment, Inc. Mailing Address: Attn: David Sorrell Telephone Number: (919) 50-5074 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: Sean Clark Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Telephone Number: 919 846-5900 Fax Number: (919) 846-9467 E-mail Address: SClark@$andEC.com D- 1 _f 4 HL 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: Stona Creek Residential Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 1740343077 4. Location County: Wake Nearest Town: Garner Subdivision name (include phase/lot number): Stoney Creek Directions to site (include road numbers, landmarks, etc.): The site is located west of Ballot Road (SR 2557) approximately 1800 feet north of the intersection of Ballot Road and East Garner Road (SR 1004) in Wake County North Carolina and is approximately 1.1 miles west of the Wake / Johnston County Line 5. Site coordinates, if available (UTM or Lat/Long): Zone 17 24800M E, 3951480m 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): 20.81 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Neuse River 8. River Basin: Neuse River Basin (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/ma 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: The property is partially wooded and partially fallow field. 13. - 7 -r Q 10. Describe the overall project in detail, including the type of equipment to be used: The 11. Explain the purpose of the proposed work: The purpose of the project is to provide housing IV. Prior Project History If jurisdictional determinationsi 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. 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. west side of the creek. 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 D-Z ..r 4 provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: No impacts to jurisdictional features are being proposed at this time. Only buffer impacts are proposed. 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*** NA. NA NA NA NA 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 athttn://www.fema.M. *** 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: unknown Total area of wetland impact proposed: 0 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) NA NA NA NA NA NA " List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.),. excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Stream names can be found on USGS topographic. maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonecom, www:mapquest.comI etc.). Cumulative impacts (linear distance in feet) to all streams on site: D....e A -f Q 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 Area of Name of Waterbody . Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) bay, mean, etc.) NA NA, NA NA NA * List each impact separately and ideiQtify 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 (1,check all that apply): [I uplands F] 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. minimize impacts 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 D.,.,o G ^f Q 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 hW://h2o.mr.state.nc.us/hewetUnds/stmudde.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Because no impacts to jurisdictional features have been proposed, no mitigation is proposed Because the proposed buffer impacts are less than 1/3 acre no buffer mitigation is proposed 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 ft:/Afi2o.enr.state.nc.us/wrprmdex.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): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 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 D- K K -f Q If yes, does the project require preparation of an environmental document pursuant to the requirements of the j National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are riot 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 es ??A or S"A final approval letter. No El X. Proposed Impacts on Aiparian 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 idenjifiable on the accompanying site plan. All buffers must be shown on a map, whether or not in-oacts 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 Requ ements),_ 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 cal?ulate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multi Required plier 1 2,108 3 NA 2 1,430 1.5 NA Total 3,538 NA * Zone 1 extends out 30 rwi perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Ease ent, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buff r Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B'.0242 or.0260. XL 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. The impervious surface area on the site will be less than 30%. XU. 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. The development will use individual septic systems. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) D- 9 nr R --HtV-' S E R. I N C SE, rrf bilk% ft* 00ft M14 . AZ?TI?IC?It' UOU# MtMtNv PA k'A"' Pp*MQ*M • Am (!!!) mow M Am AMM j= 1?O?+M ?rrr ..-?- W4ft wMd ComIft old ?1r?lOMh? 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V 11 11 O _ =1 ?i' ' yo 300 3 II 1 .I \ 356 f- / II O ail rk ark 0 3948 cc) / O 50 II _ 0. , I II II 1 II II \\ n 0 C?l Pa o ? = 300 - \ ? 3947 Liz. err 2b J� ) ,�5' ( ,4 �i?��4•. .may- ,�• '� _ ���,,�q'�, 1 p� �'P .'Y��''Fc'�..�� `'�� t i - •:C v 4 q„r �� N '`r'� :.. .`St�` > ,.°My� � 4 •; � N �i\i? •: • F,F l.. \ Y� � � � � .. ,�> y!> +ate_" •: e� Site S",'"'� .: • �� yr Cn 0 N N O O z z m m II n WQ p?0 cn cn W (/? 0 00 (n 11 O D ^ 1v p n o F- 0 - - n n 0 0 Ck. PEER -? EM ? PS w o Oo v 0 00 z D NV o N cn ? ? _o O 0 Ny 00 (7) 0 a D n c ZpN? 1 rs ZpN? 2 ? O t1 . o.? ?'? N ?.9S?OFR ? MT N 10 °4 ,, 242 00, O c? CyECk D ? 2 W ° ° D C7 ? y 08 -° O v 0-) 00 00 O 0-) ?' 22 :27' Ny ------------- - C 00 n W HE?k D N 7 0 °4 , ? CyFCk OAA, 190. On, a? 3 F NI A r Michael F. Easley, Governor , 9q O?0 William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director i Division of Water Quality To: John Dorney From: Bob Zarzecki Date: August 19, 2003 Re: 02-1923, Stoney Creek S/D, Wake C} - I've reviewed Wake County's letter dated August 4, 2003. Wake County wants the road to connect to a future 38+-acre tract of land west of the subject (tract. They stated in their letter; "If we do not obtain the stub out road at this time, as part of this project's land ?se permitting process, then that interconnection will probably never be realized." The developer does not wa t to build the road (most likely due to the expense of the road construction). I'm not sure how we can a thorize a 401 Certification to a property owner who does not want to impact the resources and specifically req sted us to deny the authorization. I do not enjoy getting between the needs of the local government (although I agree with many of their intended goals) and landowner. They need to resolve this issue before it comes to us for authorization. My recommendation is that we deny the road crossing per the applicant's request. In addition, we have not been given plans for developing the adjacent land. It may be years from now before the adja?ent land is developed, in which time the stream and buffers can continue to realize their full uses (e.g., ag4atic life, nitrogen removal, etc.). It's difficult to determine if this crossing is needed or if this is the best loc tion without evaluating all of the alternatives. They can currently stub the road out to the boundary of the pr tected buffers without authorization from us. I would think that Wake County should be able to work out dome kind of deal with the developer that ensures that there will be money for the road if approved in the futu> a (e.g., the developer puts up a bond or escrow account for future road construction, etc). Our decision may be too late anyway. They requested our position by August 8, 2003. j N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Add 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr. state F VA If ' Q R Michael F. Easley \0 PG Governor Uj William G. Ross, Jr., Secretary ] Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality February 18, 2003 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mother & Son Investment, Inc. Attn: David Sorrell 2641 Covered Bridge Road Clayton, NC 27520 Re: Neuse River Riparian Buffer - Authorization Certificate Request Stoney Creek Residential Subdivision, Ballot Road, Garner, NC UT to Stoney Creek [03-04-02; 27-(20.7); C NSW] Dear Mr. Sorrell: DWQ Project # 02-1923 Wake County Your application for a Authorization Certificate from the Neuse River Buffer Rules (15A NCAC 26 .0233) was received by the Division of Water Quality (DWQ) on December 20, 2002. The activity for which the Authorization Certificate is sought is to impact approximately 60 linear feet and 3,538 square feet of buffers to grade for a potential future road crossing. This activity is designated as an allowable use under the buffer rules and requires an Authorization Certificate from the DWQ. An Authorization Certificate is a determination by the DWQ that the activity for which the approval is sought meets all of the requirements in support of a "no practical alternatives" determination per 15A NCAC 2B .0233(8)(a). . After a thorough review of your proposed activity, DWQ staff have determined that you have not demonstrated that your proposed activity meets all of the requirements per 15A NCAC 26 .0233(8)(a). Specifically, the DWQ-staff believe that the road crossing is not needed at this time since it will not connect to an existing road or development. -.Therefore I am. hereby informing you that this project does not meet the requirements per 15A NCAC 2B .0233(8).(a). Therefore; in. accordance with 15A NCAC 2B .0233(8), the Authorization Certificate for this project is hereby not approved.. The DWQ is willing to review a new application including any additional justification that you may have for the proposed impacts that address the issues discussed above. Also, the DWQ will be willing to review a new application for the project once there is a need for the proposed crossing (e.g., the adjacent property is proposed to be developed, a connection to an existing road is proposed, etc.). Any disputes over determinations regarding our inability to approve this Authorization Certificate shall be referred in writing to the Director at the address below for a final decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 1508. If you have any questions concerning this inability to approve, please contact Mr. John Dorney in the Water Quality Non-Discharge Branch of the DWQ at 919-733-9646. Sincerely, Klimek, P.E., DWQ Cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge R h, R leigh, NC 27614 Steve Mitchell, DWQ Raleigh Regional Office File copy Central Files North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ MEMORANDUM TO: John Dorney Regional Contact: -Steve Mitcl Non-Discharge Brandh WQ Supervisor: Date: _ SUBJECT: WETLAND STAFF RE?ORT AND RECOMMENDATIONS i Facility Name Stoney Creek S/D County Wake Project Number 02 1923 County2 Recvd From APP Region Raleigh Received Date 12/20/02 Recvo By Region 12/20/2002 Project Type residential S/D road cro?sing Certificates Stream Permit Wetland Wetland Wetland Stre M Class Acres Feet Type Type Impact Score Ind x Prim. Supp. Basin Req. Req. NBR Buffers O Y O N 27-(2 .7) NSW 30,402. 0.08 i 10 Y Mitigation MitigationType Wetland Type Acres Feet Stream Impacts (ft.) Is Wetland Rating Sheet Attached? Q Y (J N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? Q Y O N Recommendation: Q Issue 0 Issue/Cond O Deny I cc: Regional Office Central Office Page Number 1 Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Date: , 1(riage Check List la 3/ a Project Name: DWQ#: Dad _' 1 `?2S County: To: ? ARO Mike Parker ? WaRO Deborah Sawyer ? FRO Ken Averitte ? WiRO Joanne Steenhuis ^?MRO 12"/RRO Mike Parker El WSRO Jennifer Frye Steve Mitchell From: 61d- Telephone : (919) ?3 -3 The file attached is bleing forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted, ? Stream determination El Wetland determination 4nd distance to blue-line surface waters on USFW topo maps g Minimization/avoidance issues El/Buffer Rules eu e, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: WATCH COUNTY Planning Fax 919 K6 6335 ?. 919 856 6219 Zoning and Subdivision p,p. Fox 550 • Raleigh, N(: 276D2 evww.to.Niake,ric,usr'pianninq ? ?- -V To o y ?d ?' F rnnj,- Wage ?_ ? _. Fax: '7 3 3 'bone: ?7 r 3 Datc,? d/ C Q 2,3 CC. L 9)f,9 5, RE: ([Jrgent ? For Review Q Please Comment ____?In,msc T? ep]y C Please Rer.}?c`le ZC.MN(, 919 856 6335 ;uno nsiorr 914 856 6216 i Zoning and Subdivi,ion uite 101 R, -aigh, NC 27602 711177 Penning r,? p x 550 WCOB S pepartment August 4, 2003 PLEASE RESPOND BY FRIDAY, AUGUST 8, 2D03 Mr. John Dorney Water Quality Non-Discharge SrOnch North Carolina Division of Water Quality 2321 Crabtree Blvd. Raleigh, NC, 27604-2260 Dear Mr. Dorney: As per our previous telephone conversation I hereby request: that your agency reconsider your decision on the Stoney Creek Subdivision's requested road crossing of a Neuse River riparian buffer. The request was made by Douglas Ball of Development Services, Inc. and your response letter, dated February 18, 2003, is coded as DWQ Project # 02-1923. In that letter you noted that "the road crossing is not needed at this tirrle since it will not connect to an existing road or development". You indicated to me during our telephone discussion that you would be willing to review any additional information that the County provided. I have attached a map that shows the general area around this site. It is Wake County's policy, and our ordinance requirement, to balance the environmental protection of not allowing buffer crossings with the need to have ''Woad interconnectivity. The road interconnectivity provides for secondary road access in the event of an emergency and alPows for more efficient flow of traffic. To achieve this interconnectivity goal we must consider not only current or pending development, but also the development potential of the vacant adjacent land. In this case the adjacent tract that the County would prefer the road to stub-out to is 38.18 acres and has a development potential of 55 lots.l If we do not obtain the stub out road at this time, as part of this project's land use permittinb process, then that interconnection will probably never be realized. It is our position that the stubbing out of Street "A" in the Stoney Creek Subdivision would provide a more beneficial road interconnection than the continuation of Deer Trace Lane. Deer Trace Lane would also need a Neuse riparian buffer crossing in order to make its connection back out to Ballot Road. In fact, the buffer crossing necessary for Deer Trace Lane would require crossing two branches of the drainageway, whereas the County's preferred configuration would cross the Neulse riparian buffer only once- The Deer Trace Lane stub-out wolald provide little utility since} it would loop back out to the same road (Ballot Road) only a quarter mile south of its origination. The stubbing out of Street "A" would provide a more rational rodid system configuration with far greater utility with regards to neighborhood interconnectivity. The continuation of Street ",A" would provide a road interconnection that would more evenly bisect the landmass that fronts onto East Garner Road_ This would allow the continuation iof Street "A" to serve as a minor collector road for that future ?F development and would provide Stoney Creek Subdivision with a second means of emergency ingresslegress. Since both road configurations M Would require a Neuse ripari;-'m buffer crossing, we respectfully request that you reconsider your ?ecision and allow the de%/&Oper to provide the Street A stub- out. Due to the circumstances and timing of this project, we are restricted to a deadline of Friday, August 81h to avoid unnOcessary delays to the developer's project. We respectfully request that you advise us of your position by that time. Thank you for your consideration in this matter. Sincerely, Keith A. Lankford Planner Ili Wake County Planning Department keith. Lankford a@@co.wake.nc.us (919) 856-7569 1? P-24-0 ? MON 121'1 R a?a? wA7 ,4,p? h '9 DIPER CORPOR?:TIOI'i FAX:90 r,r;tj P1 :CE i Michael F. rraeteY ck,vwnnr WRlla`n C. swa,.Jr,, secretary G ofaparr,r*m of F.nvkonm?+yr And Whir* RA"lrrp'4 y Alan W. Klhnek, r,-E., Director nivi*inn of Wafrnr rN IAMY ??Jaf Februarv 18, 200$ ()WO project 0 02.1923 Wake County CERTIFIED MAIL-RETURN RECEIPT REQUOTED Mother & Ron Investment, Inc, Attn- rnavjel Sr+rratl 9sa1 rovprArl Bridge Road nlayton, NO 27520 PA'. Naluare River Riparian Buffer -• Authtoritatlon Certlfi06te Request ,gtnnay C;rAAk RAAldFintial SubdlvlsionL Ballot Road, Garner, NC UT to Atrrnpy rrAek [03,04-42; 27-(7-d.7): C NSWI Dear Mr_ Sorroll-- Your application for a Ati-thorlxatign f'.f?rFitill'At frnm the NAus i; Rtvw suffer nuies (t 5A NCAC 28 A233) W89 resolved by thq Division of Water QuaIify,(nWQ) nn her 20,2002- The activity br whO the Authorization Certificate Is sought Is to impact approxhatoy An linger fAAt anti :1,598 square feet of buffers to grade for a potential future road orosaing. This +aetlvlty 19 deslgnattild eta An aunwAhla 11AA under the buffer rules, and rewires an Authorization Certificate from the DWO, An Authorization Cartifioato 1.a A dete"Ination by the OWO that the Anthrity for Which the approval Is sought meets all of the requirements in support of a "nu pradtlnal:RItwmgtivaR" rtr;tnrmlrwtiart f ,r 15,A NGAG 28.0233(8)(a), After a thorough review of your propotyad acti> iity, DWQ staff l determined that Voii have not damnrmlrated that Ydur proposod activity meats all of the requiromon' pair 15A NCAC 215.4233(8}(P) pecRicaily, thP. DWO staff believe that ' the road oroiming la not needed at this timo 00eo It will nr?t connect to art existing road or do plnrrmant. ,1'hArefore 113m hereby Informing you NCACthit p act d es not moot the A u orizationcluira flcratsfpert1S bra AO P Y nnharrttyaici A; in acoordsxnoa with t Tho DWO is willing to roviow a now appllcatlot) including any additionAl juOlflcxitlcn that you MAY have for the propo"d?t irripaota that addrvcn lh0 iosuoo discuesod,abpv .Also, the OWO will to willing to r o to viiew a new applicstitwt for ttha i to onoo thoro is a nood for the propoeod crossln o.9., the adjacent opett s p opcA k 1, Pi onnrw.tinn an eldsting road to propoeod, ctn.). Any disputes over dotor111inatlone mgarding oWr Inability to approvo this Authorization ,rprii4IOM4r shall be rpferrod In writing to the Diroator at tho addresr below tor' a final docition, The Dir-Wor's docis;nn it subject to revlevy an pmvidod in Ardoloo 3 and 4 of G.S. 1608, If olu hav g81'>vnch of tmha qWO concerning 91 s? o lnabE+4q to approve, pleasp rnnta+rt Mr_ John t?gmay In tiro Water Quality Sincerely, s, a i Cc; C:egn,lark, 8&EC, Inc., 11010 Ravon Ridge Steve Mltohell, DWQ Raleigh Regional OMOO Fil* copy Central f"ilea Nom Carolina Limsion of Water 0 186 Moil rrgr41rQ Cantor, Kelelph, 2321 Crabtree SM.. f Leigh. NC 91739.1768 (p110rt9), 918733.5E N;'276 11 401 Wtrtln,nta OroWUrkidtio,t unit, Q7$%-1880 (?.4&lrrg A01". "I ,S19tffi.f)o.ui?f1GV1'9!'MIN' "13T-0f) n d u r - - op?w_?-}lan,?++ao ?GO?7C?A50?z8"?iff_n f?rf?fiYw?nn'G? uaz Nwlsv ec aucoca?,_„?l????C? Tdl3 _...__.------------- 77 ?.x = rv,.. ? I 1 9 I ? -- - ? y -? rtr - - ?VA ?1 ??-'r' _ }+I ???-''? •. , `'mil = ik 1 U ' x[ I 1 ?` •,.,??,? r ,? ? phi ! ?'' r- -- ire ? . LLJ I.LI ` K dJ `1 `\`?A1S 1 1` PI / J?a 1 r)) ,,~- }- q °, A '.? I l?, I ?,? p'?, ? ? ? 1, I -?,,, ? .??`ti "Y' ` ,. - ?•.,?_? ..-.....-_ I J i ?o ll,r /'- Y? y? A .JJ I`? 1 ? T R ?r?t ? a "'mengx _„_„?` ?,.uimAlA.oi.ro., °? ? i ?' ? f.: - - ?.;an,r xx - J .10i. ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: w a K C C UC) n i Mother & Son Investments, Inc. 2641 Covered Bridge Road Clayton, NC 27520 DWQ# 02-1923 A. Sign X cn , t! ?j ? Agent ,?J"`'? ?fl Addressee 8. Received by (Printed Name) C. Dat of D ive S L ?a D. Is delivery address different from Item 1 ? e if YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes Z. Article Number 7002 2410 0003 0275 0737 (Transfer from service la_bL, 'S Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-Z-081 UNITED VICE First?Class Mail Postage 8 Fees Paid USPS Permit No. G-10 your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 i 1„f,fi,,,f,if„if,,,,f„I„f,I„I,I,ff,,,,fl„l,i,if,,,,?ff,l