HomeMy WebLinkAboutSW6120705_HISTORICAL FILE_20121009STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW �� D %D�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
YYYYMMDD
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE,
Governor Director
October 2, 2012
Mr. Douglas B. Cooper, PE, PLS
Moorman, Kizer Et Reitzel, Inc.
115 Broadfoot Avenue
Fayetteville, NC 28305
Subject: Request for Additional Information
Stormwater Project No. SW6120705
Riverbrooke Subdivision Section 4 Et 5
Hoke County
Dear Mr. Cooper:
DENR-FRO
UL o 2012
()WQ
Dee Freeman
Secretary
The Division of Water Quality Central Office received your additional information for the Stormwater Management Permit for
the subject project on September 17, 2012. A preliminary review of that information has determined that the application is
not complete. The following information is needed to continue the stormwater review:
As stated in the first add info letter, the permanent pool (PP) elevation should be within 6 inches of the SHWT. The BMP
manual in section 10.3.2 provides information needed if this condition cannot be met. Your additional information
stated a liner would be used to eliminate any adverse effect to the adjacent wetland. More justification was provided to
meet the requested information in the manual. More information is still needed to meet the requirements in the
manual.
Please provide detailed information on the liner and calculations showing it will prevent subsurface
flow. The specifications for the liner should be included on the plans.
• Please provide the elevation of the wettand's water level adjacent to the basins.
• Depending on the above information a calculation -based hydrogeoiogical analysis of the proposed wet
pond and surrounding subsurface conditions may still be need to demonstrate the basins wilt not
adversely affect wetlands, surface waters, and buffers.
Please provide two sets of plans.
The requested information should be received by this Office prior to October 19, 2012, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you
need additional time to submit the information, please send your request, including date by which you expect to submit the
required information, to my attention. The Division is allowed 90 days from the receipt of a completed application to
issue the permit.
Please reference the State assigned project number on all correspondence. New original documents must be provided and
copies are not acceptable. If you have any questions concerning this matter feel free to contact me at (919) 807-6368 or
brian.lowther@ncdenr, qov.
Sincerely,
Brian Lowther
Environmental Engineer
cc: aFayetteville.Regional'Office y
Stormwater Permitting unit Files
ec: Watson G. Caviness, Riverbrooke, LLC
Wetlands and Stor nwater Branch One
1617 Mail Service Center, Ralegh, North Carolina 27699.1617 I NorthCarolina
Location:. 512 N. Salisbury St. Raleigh, North Carolina 27604 /�y+ II
Phone:919-807-63001FAX'.919-807-6494 i wit ally
Internet: www.ncwaterguality.org
A�_W�FTi
;; AWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Charles Wakild, P.E. RECEIVED Dee Freeman
Governor Director Secretary
August 2, 2012 AUG — 7 2012
Mr. Douglas B. Cooper, PE, PLS DENR-FAYETTEVILLE REGIONAL OFFICE
Moorman, Kizer lz Reitzel, Inc.
115 Broadfoot Avenue
Fayetteville, NC 28305
Subject: Request for Additional Information
Stormwater Project No. SW6120705
Riverbrooke Subdivision Section 4 Et 5
Hoke County
Dear Mr. Cooper:
The Division of Water Quality Central Office received a request to modify the Stormwater Management Permit for the subject
project on July 27, 2012. A preliminary review of that information has determined that the application is not complete. The
following information is needed to continue the stormwater review:
1. Please show all stormwater pipes and conveyances on the plans.
2. Please clearly,show the project area on the plans. All new built upon area must be routed to the BMPs.
3. Please provide information on how the stormwater from future development will be treated.
4. The permanent pool (PP) elevation should be within 6 inches of the SHWT. The supplement indicates the PP is much
lower. Please revise the design.
5. Please include the III. Required Items Checklist for each supplement form. It can be found as one of the tabs in the
excel file.
6. Please show proposed drainage easements and public right of way on the plans.
7. The application indicated 404/401 permit was needed. Please provide documentation this permit has been obtained.
The requested information should be received by this Office prior to August 17, 2012, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you
need additional time to submit the information, please send your request, including date by which you expect to submit the
required information, to my attention. The Division is allowed 90 days from the receipt of a completed application to
issue the permit.
Please reference the State assigned project number on all correspondence. New original documents must be provided and
copies are not acceptable. If you have any questions concerning this matter feel free to contact me at (919) 807-6368 or
brian. lowther@ncden r. Qov.
Sincerely,
Brian Lowther
Environmental Engineer
cc: Fayetteville Regional Office
Stormwater Permitting Unit Files
ec: Watson G. Caviness, Riverbrooke, LLC
Wetlands and Stormwater Branch one
1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NorthCarolina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 y/I
Phone: 919-807-63001 FAx. 919.807-6494 atu a`l�
Internet: www.ncwaterguality.org
Riverbrooke
5w6 / 701 c 5'
Post-Developea impervious Information
Basin 4 (H) total to Pond
Area (5F)
Off -site area
68058
On -site area
379044.7
Total Basin Area
447102.7
10.26 Ac
Cover Description
29 lots @ 3750sf
108,750.00
Asphalt
35,492,12
Concrete Curb
5,649M
149,891.12
3.44 Ac
Total Impervious =
3.44 Ac
% Impervious =
33.52%
Basin 2 (E) total to Pond
Total Basin Area
Cover Description
48 lots @ 3750sf
Asphalt
Concrete Curb
Area (SF)
620294 14.24
180, 000.00
67, 582.25
9,728.00
257,310.25 5.91
Total Impervious = 5.91
% Impervious = 41.48%
Pond 1 (H)
NC DENR Retention Calculation and Requirements _
Objective: design a wet detention basin with the following characteristics: a permanent water pool depth between 3- and
8-feet, a surface area that meets TSS removal requirements (values set by NC DENR and included here), a forebay that
is approximately 20% of the total pond volume, a temporary water pool sized to detain the initial 1 inch of rainfall runoff, an
outlet device that drains the temporary water pool within 2-5 days, and a length -to -width ratio of approximately 3:1.
Step 1: Determine the surface area required for 90% TSS removal
Post -Development Conditions
Total Drainage Area
Impervious Drainage Area
Impervious Cover
Elevation of Permanent Pool Surface
Average Depth of Permanent Pool
Elevation of Wet Detention Pond Bottom not
including 1' sediment storage
Determin Required SAIDA by Interpolating
known values
447102.70
SgFt
Pond 1 (H)
149891.12
SgFt
Value from CAD
33.52
Impervious Cover-- (Impervious Drainage
Area)/(Total Drainage Area) *100%
170.5
FT
Value selected by designer
3.5
FT
Value selected by designer
166.0
FT
(Bottom Elevation)=(Permanent Pool Surface
Elevation) -(Depth of Permanent Pool)
impervious %
TSS
values from 90% SA-DA Ratio Table
30
1.8
40
2.3
Required SAIDA Ratio for 90% TSS Removal 1.976 Interpolated value from above
Required Permanent Poo! Surface Area 8,836 SF Required Surface Area=(Required SA/DARatio)*(Total Drainage Area)
Provided Permanent Pool Surface Area 11,212, SF Interpolated value from stage -storage
calculations
StepDetermine the1-inch runoff elevation wit in ewe e ention pond.
Runoff Coefficient, Rv 0.352 INIIN Rv=0.05+0.009*(% Impervious)
Required 1" Runoff Volume (Volume of Temporary 13,104.8 CF 1" Runoff Volume=1 inch*Rv'1 foot112
Pool) inch*(Total Drainage Area)
Total Volume at Overflow Elevation 13,149 CF Temporary Volume Provided at Pond Overflow
Elevation
1" Runoff Volume Elevation 171.52 FT Value is interpolation based upon stage -storage
values. See stage -storage calculations
Volume Below Permanent Pool
34,067
CF 1—- "`"", .. ,- """ ,- -- v" --1__" _1_ _
pond volume at permanent pool elevation)
Step 3: Calculate the required forebay volume (18-22% of total
pond volume) and compare to the forebay volume provided.
Total Pond Volume
34,067
CF Value from stage -storage calculations
Required Forebay Volume
6,813
CF Forebay Volume= Total Pond Volume *20%
Provided Forebay Volume
7,056
CF Value from stage -storage calculations
Provided Forebay Volume:Total Pond Volume
21%
(Provided Forebay Volume)/(Total Pond
*100
Volume) %
Step 4: Verify that time required to drawdown the 1-inch runoff
volume is within 2 to 5 days.
Diameter of Proposed Low -flow Orifice
1.500
IN
Value chosen by designer
Overflow elevation
171.52
FT
Value chosen by designer
Total Elevation Head Above Orifice
1.02
FT
(Total Elevation Head Above Orifice)=(Overflow
Elevation) -(Elevation of Permanent Pool Surface)
Driving Head Above Orifice
0.3
FT
(Driving Head Above Orifice)=((Elevation at
Overflow Volume) -(Elevation of Permanent Pool
Cd, Coefficient of Discharge
0,60
Value chosen by designer
0, Flowrate Through Low -flow Orifice
0.03
US
Q=Cd*(Pi)`[(DiameterofOrifice)*(1 11/12
in)I"2/4*2`32,2`Drivin Head ^1/2
Drawdown Time for 1-inch Runoff
4.40
DAYS
(Drawdown Time)=(1"Runoff Volume)/Q*(i
day/86400 seconds)
9i11/2012
1OF1
Pond 1 (H)
Stage -Storage Calculations for Proposed Wet Detention Pond
determine the storage capacity and characteristics of the proposed wet detention pond.
Pond side slope above Permanent Pool 3
0.5' above and 0.5' below Permanent Poc 10
Side Slope below planted shelf 3
incremental and cumulative storage of the wet detention pond per contour interval
StagelStorage Above Permanent Pool (Including Forebay)
Cumulative
Contour
Incremental
Volume, S
Contour
Area SF
Volume (CF)
(CF)
170.5
F 11,212
0
0
Permanent Pool 8835,86 Req'd
171.0
13,140
6,088
6,088
171.52
14,017
7,061
13,149
-Treatment Volume 13104.76 Req'd
172.0
14,826
13,983
20,071
173.0
16,568
15,697
35,768
174.0
18,367
17,468
53,236
Stage/Storage Total Pond (Including Forebay)
Cumulative
Contour
Incremental
Volume, S
Contour
Area (SF)
Volume (CF)
(CF)
166.0
3,707
0
0
-Bottom Elev.
166.0
4,474
4,091
4,091
167.0
5,312
4,893
8,984
168.0
6,223
5,768
14,751
169.0
7,206
6,714
21,466
170.0
8,260
7,733
29,199
170.5
11,212
4,868
34,067
-Permanent Pool
171.0
13,140
6,088
40,155
172.0
14,826
13,983
54,138
173.0
16,568
15,697
69,835
174.0
8,673
12,621
82,456
Forebay Only (20% of Total Pond)
Cumulative
Contour
Incremental
Volume, S
Contour
Area (SF)
Volume (CF)
(CF)
165.0
741
0
0 ~Bottom Elev.
165.0
895
818
818
167.0
1,062
979
1,797
168.0
1,245
1,154
2,950
169.0
1,441
1,343
4,293
170.5
2,242
2,763
7,056 -Forebay Volume
Average Pond Depth Calculation
[0.25 x (1+ Abot_shelf 1 Aperm_pool)] + [((Abot_shelf + Abot_pond) 12) x (Depth 1 Abot_shelf)]
3.52 Avgerage Depth
ENGINEERS
PLANNERS
SURVEYORS
MOORMAN, KIZER & REFUEL, INC.
10/23/2012
NCDENR Division of Water Quality
512 N. Salisbury St.
Raleigh, NC 27604
910-807-6375
Subject: Request for Additional Information
Stormwater Project SW6120705
Riverbrooke Subdivision Section 4 & 5
Robert D. Patterson, PE:
115 Broadfoot Ave.
P.O. Box 53774
Fayetteville, NC 28305
(910) 484-5191
We have revised the Pond 1(H) detail sheet per our phone conversation and email on today. I have included two
copies of the revised plan as requested
If you should have any additional question please feel free to call me at our office.
, 4 Iv
- "��
Douglas B. Cooper, PE, PLS
Attachments: 2 — Revised Plans Sets
ED
OCT 4Eo—
PeVa
t]ENR - WAAT'ER Unda3 a.,.,..._. ALITY
Patterson, Robert
From: Patterson, Robert
Sent: Tuesday, October 23, 2012 10:04 AM
To: 'dbcooper@mkrinc.com'
Cc: 'watson@cavinessandcates.com'; Lawyer, Mike
Subject: SW6120705 - Riverbrooke Subdivision Section 4 & 5 - Additional Information Request
Douglas,
Per our phone conversation this morning, please provide two copies of sheet 2 with the following revisions to pond 1(H):
1. The low flow orifice on the detail is shown as 2.5" instead of 1.5" per the talcs and supplement form.
2. The temporary pool elevation on the detail is shown at 171.40' instead of 171.52' per the talcs and supplement
form.
Please be sure to seal, sign, and date the revised plans. This additional information must be received in our office no
later than October 26, 2012, or the project will be returned as incomplete. Please let me know if you have any
questions.
Thanks.
Robert. D. Patterson, PE
EnvironmenLal Engineer
NCI)f•;NR I DWQ I Storrnwater Permilting
1617 Mail Service Center, Raleigh, NC 27699-1617 Nhul 1 512 N. Salisbury Si., 91h Floor, Raleigh, NC 27604 L(wouon & i'.srccis
(9191 807-6375 Phone I (9t9) 807-6494 Fax I Robert.Patterso rr,ncdenr.eov Email I htt ortal.ncdenr.or web w ws su Wahsitc
hA Before printing this email, please consider your budget and the environment.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is
exempt by statute or other regulation.
1
ENGINEERS WM
PLANNERS
SURVEYORS
MOORMAN, KIZER & REITZER, INC.
10/18/2012
NCDENR Division of Water Quality
512 N. Salisbury St.
Raleigh, NC 27604
Subject: Request for Additional Information
Stormwater Project SW6120705
Riverbrooke Subdivision Section 4 & 5
Brian Lowther;
115 Broadfoot Ave.
P.O. Box 53774
Fayetteville, NC 28305
(910) 484-5191
The following are our responses to your October 2, 2012 letter requesting additional information for the
Riverbrooke Subdivision Section 4 & 5. Your comments are in italics and our response follows in bold type.
1. Please provide detailed information on the liner and calculations showing it will prevent subsurface flow. The
specifications for the liner should be included on the plans.
The specifications of the liner options have been included on the revised plans. Based on the required
specifications of the liners, subsurface flow will be prevented; therefore, no additional calculations are required.
2. Please provide the elevation of the wetland's water elevation adjacent to the basins.
The pond cross sections have been revised to show the ground elevation of the wetland's adjacent to the
basin. The wetland's ground elevation adjacent to basin 1(H) is 167.30' with a water elevation at the surface
which is 3.2' below the permanent pool elevation of 170.50. The wetland's ground elevation adjacent to
basin 2(E) is 164.38' with a groundwater elevation of 163.38 which is 4.12' below the permanent pool
elevation of 167.50.
With this updated information, we can confirm that our basin wouldn't have any adverse effects or drain
the wetlands because our permanent pool elevation is well above the water level or even the ground
surface of the adjacent wetlands.
3. Please provide two sets of plans.
Included with this submittal
If you should have any additional question please feel free to call me at our office.
7/
Douglas B. Cooper, PE, PL
Attachments: 2 — Revised Plans Sets
2—Geotechnical report
OCT 1 2012
DENR _ WATWD
LXanda & S1er,.�.. Q!JAL17Y
A
��
f .'
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Douglas B. Cooper, PE, PLS
Moorman, Kizer it Reitzel, Inc.
115 Broadfoot Avenue
Fayetteville, NC 28305
Dear Mr. Cooper:
Division of Water Quality
Charles Wakild, P.E.
Director
October 2, 2012
Subject: Request for Additional Information
Stormwater Project No, SW6120705
Riverbrooke Subdivision Section 4 l3 5
Hoke County
Dee Freeman
Secretary
The Division of Water Quality Central Office received your additional information for the Stormwater Management Permit for
the subject project on September 17, 2012. A pretiminary review of that information has determined that the application is
not complete. The following information is needed to continue the stormwater review:
As stated in the first add info letter, the permanent pool (PP) elevation should be within 6 inches of the SHWT. The BMP
manual in section 10.3.2 provides information needed if this condition cannot be met. Your additional information
stated a finer would be used to eliminate any adverse effect to the adjacent wetland, More justification was provided to
meet the requested information in the manual. More information is still needed to meet the requirements in the
manual.
• Please provide detailed information on the liner and calculations showing it will prevent subsurface
flow. The specifications for the liner should be included on the plans.
+ Please provide the elevation of the wetland's water level adjacent to the basins.
+ Depending on the above information a calculation -based hydrogeological analysis of the proposed wet
pond and surrounding subsurface conditions may still be need to demonstrate the basins will not
adversely affect wetlands, surface waters, and buffers.
Please provide two sets of plans.
The requested information should be received by this Office prior to October 19, 2012, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you
need additional time to submit the information, please send your request, including date by which you expect to submit the
required information, to my attention. The Division is allowed 90 days from the receipt of a completed application to
issue the permit.
Please reference the State assigned project number on all correspondence. New original documents must be provided and
copies are not acceptable. If you have any questions concerning this matter feel free to contact me at (919) 807-6368 or
brian. towther@ncdenr.Qov.
Sincerely,
Brian Lowther
Environmental Engineer
cc: Fayetteville Regional Office
Stormwater Permitting Unit Files
ec: Watson G. Caviness, Riverbrooke, LLC
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 }
Location: 512 N Salisbury St. Raleigh, North Carolina 27604
Phone 919-807-6300 l FAX: 919-807-6494
Internet: www.ncwaterguality.org
NorthCarolina
Naturally
Sw[12 0'ao5'
Gcotcchnical Engineering Scrviccs
Constniction Material
Civil Quality Control
MKR
P. O. Box 53774
Fayetteville, NC 28305
Attention : Douglas Cooper
RE: Daily Field Report for 10/11/2012
Riverbrooke Subdivision, MKR
BES Project No : 12-0171
Ladies and Gentlemen:
10/17/2012
On this date, representative(s) of Building & Earth Sciences, LLP were present to perform
construction material testing services at this project site. Our testing and observations for this date
include the following:
FO-3 : Field Observations made on this date.
• Water depth determination For Information Only
Comment 1 : Point 304 - Groundwater encountered at elevation 163.38' on 10/11/2012.
Comment 2 : Point 305 - Groundwater encountered at elevation 167.30' on 10/11/2012.
Closing
The testing and observations identified above have been reviewed by our project manager. If
you have questions regarding this information, please do not hesitate to contact us.
Respectfully Submitted,
Building & Earth Sciences, LLP
Enclosures : FO-3
'110 Spring Branch Rd.
)unn, North Carolina 28334
'hone (910) 292-2085 Fax (910) 292-2087
vww.buildingandearth.com
4 dc aAoc,-t'A
Submilled BY
Page I of 2
�IC]NC & EART�
10/11/2012
Project Name:
Client Name:
Contractor:
Monitoring:
Field Observations Report
Riverbrooke Subdivision, MKR
MKR
Project Number:
12-0171
Placement#:
FO-3
Technician:
Brad Carlson
I : Water depth determination
\ Building & Earth Sciences representative was onsite as requested to determine water depth at the previously specified GPS coordinates:
'oint Number -------- Easting--------- Northing ------ Elevation ------ GW Depth-------GW Elevation
----304
----305
�omments
1947094.6030' --- 445309.6486'----164.38'------- 1.00'
1946123.7344' --- 445605.4049'----167.30--------- 0.00'
163.38'
167.30'
Point 304 - Groundwater encountered at elevation 163.38' on 10/1 1/2012.
10/17/2012
07:47:04
Point 305 - Groundwater encountered at elevation 167.30' on 1011 1/2012.
10/17/2012
07:48:19
;10 Spring Branch Rd.
)unn, North Carolina 28334
'hone (910) 292-2085 Fax (910) 292-2087
vww. buildingandearth.com
eo dj- wow
Reviewed By
Page 2 of 2
'i
ENGINEERS
PLANNERS
SURVEYORS
MOORMAN, KIZER & REITZEL, INC.
9/10/2012
NCDENR Division of Water Quality
512 N. Salisbury St.
Raleigh, NC 27604
Subject: Request for Additional information
Stormwater Project SW6120705
Riverbrooke Subdivision Section 4 & 5
Brian Lowther:
115 Broadfoot Ave.
P.O. Box 53774
Fayetteville, NC 28305
(910) 484-5191
�5
�D
SEP 1 % �Oi2
[+VA7V
8214nds Stcu,,,.. Q
, U'4117y
The following are our responses to your August 2, 2012 letter requesting additional information for the
Riverbrooke Subdivision Section 4 & 5. Your comments are in italics and our response follows in bold type.
1. Please show all stormwater pipes and conveyances on the plans.
Revised plans are attached that clearly indicate the stormwate pipes and conveyances.
2. Please clearly show the project area on the plans. All new built upon area must be routed to the BMPs.
Revised plans are attached that clearly indicate the project's area and the areas that were not included have
been revised to insure the impervious areas are routed to the BMP for treatment before discharging offsite.
3. Please provide information on how the stormwater from future development will be treated.
The drainage area for the six lots 205 to 207 and 468 to 470 was and is indented to be part of this submittal,
we have revised the stormdrainage system to capture and transport the runoff from this area to wet
detention pond 1 (H) for treatment. The revised calculations, page 3 of Form SWU-101, and SW401 Forms
are attached for your review. Also the plans do show some future development on the submitted plans this
was shown for reference only and is not included as part of what we are permitting at this time. The
method of stormwater treatment is yet to be determined but will more than likely be with wet detention
ponds. Once the details of the future development are worked out and the developer is prepared we will
submit for the necessary permits.
4. The permanent pool (PP) elevation should be within 6 inches of the SHWT. The supplement indicates the
PP is much lower. Please revise the design.
It is impractical if not impossible because of the existing slopes in this area to fill the proposed lots to a
grade that would promote positive runoff to the road. Our only practical option to make these lots
buildable is to picked up the runoff in a rear yard swale and transport it to the pond for treatment, but in
order to do that the pond's elevations have to be set low enough to have the swale function, hence the
need to have the ponds PPE set were it is. It is true that ideally the PPE should be established within 6
inches of the SHWT, but section 10.3.2 of the BMP does make provisions were this is not possible or
practical and that an engineered measure may be acceptable. Our method of eliminating any adverse effect
to the adjacent wetland and the SHWT is to line the pond with an impervious material which has been an
115 Broadfoot Ave.
ENGINEERS IR
P.O. Box 53774
PLANNERS
SURVEYORS ® a d Fayetteville, NC 28305
MOORMAN, KIZER A REITZEL, INC. (910) 484-5191
accepted method in this area in the past and is used in the coastal counties. We can further justify this by
addressing and meeting the 4 (a, b, c and d) requirements of the section.
a.) The very nature of a pond lined with an impervious material is to stop the subsurface transfer or flow to
and from the surrounding subsurface areas, this fact alone demonstrates that the adjacent wetlands
will not be lowered or adversely affected. Additional the runoff that was going to the wetland prior to
the development will still be discharged from the pond to the same wetlands so eliminating or
restricting the wetlands water source should not be a concern either. So other than the necessary pond
sizing calculations, there are no other calculations that can demonstrate these conditions.
b.) Once again the nature of a pond lined with an impervious material is to stop the subsurface transfer or
flow to and from the surrounding subsurface areas. So as long as the impervious material is to at least
the PPE the pond will hold water at that elevation. In our case we also need to keep the SHWT out of
the pond so the impervious material will have to be to at least the SHWT elevation.
c.) Even though the pond's PPE is lower that the SHWT at least at the pond's location, it is still higher than
the existing surface elevation and SHWT at the pond's point of discharge so there is no effect on the
pond's ability to properly discharge to the wetlands.
d.) The impervious liner will eliminate any incoming groundwater, so the submitted pond sizing
calculations adequately demonstrates that the design volume is drawdown within the 2 to 5 day time.
5. Please include the Ill. Required Items Checklist for each supplement form. It can be found as one of the
tabs in the excel file.
The filled out Items Checklist for both of the supplement form is attached.
6. Please show proposed drainage easements and public right of ways on the plans.
Revised plans are attached that clearly indicate the easements and right of ways.
7. The application indicated 4041401 permit was needed. Please provided documentation this permit has
been obtained.
The permit has been applied for but has yet to be secured, once we have a copy of the approved permit we
will forward it to you.
If you should have any additional question please feel free to call me at our office.
4 �. IVry
Douglas B. Cooper, PE, PLS
Attachments: 2 — Revised Plans Sets
2 — Impervious area calculations
2 — Revised Hydraflow Modeling
2 — Revised Pond I (H) calculations
2 — Revised page 3 of SWU-101
2 — Revised Pond I (H) SW401 form
2 — III. Items Checklists for Ponds 1 and 2
Lowther, Brian
From: Lowther, Brian
Sent: Thursday, August 16, 2012 3:14 PM
To: 'dbcooper@mkrinc.com'
Subject: RE: Add Info for SW6120705 Riverbrooke Subdivision Section 4 &5
That is fine. We can extend the deadline to 9/16/12.
Brian
From: Douglas Cooper [mailto:dbcooAer@mkrinc.com]
Sent: Thursday, August 16, 2012 2:08 PM
To: Lowther, Brian
Subject. RE: Add Info for SW6120705 Riverbrooke Subdivision Section 4 &5
Because there are some new design items required, I would like to get a month to make sure we can address all the
items listed.
Douglas B. Cooper, PE, PLS
[%)oyrnia n. Kizer and Rei trei. Inc.
115 13roadfoot Ave.
P.U. Box 53774
f'avetteville, NC 28305
(910) 484-5191
Fax: (910) 484-0388
www.mkrinc.com
dbcoopergmkrinc.com
From: Lowther, Brian[mailto:brian.lowther@ncdenr.gov]
Sent: Thursday, August 16, 2012 2:06 PM
To: dbcooPer@mkrinc.com
Subject: RE: Add Info for SW6120705 Riverbrooke Subdivision Section 4 &5
Douglas,
We can give you an extension if needed. How much more time do you think you will nee?
Brian
From: Douglas Cooper [mailto:dbcooper(@mkrinc.com]
Sent: Thursday, August 16, 2012 1:47 PM
To: Lowther, Brian
Subject: RE; Add Info for SW6120705 Riverbrooke Subdivision Section 4 &5
Brian,
Is it possible to get a two extension on the request for information that you sent to us and is due tomorrow? Please let
me know if this is ok or what other options there are.
Douglas B. Cooper, PE, PLS
Moorman, Kizer and Reitzel, Inc.
115 Broad foot Ave.
P.O. Box 53774
Fayetteville, NC 28305
(910) 484-5 191
Fax: (910) 484-0388
www.mkrine.com
dbcooperQmkrinc.com
From: Lowther, Brian[mailto:brian.lowther!2ncdenr.gov]
Sent: Thursday, August 02, 2012 12:47 PM
To: dbcooper@mkrinc.com
Subject: Add Info for SW6120705 Riverbrooke Subdivision Section 4 M
Douglas,
Attached is the letter I send out today. I discussed the liner with my coworker and we have gotten that question before
and it is something we don't allow. Let me know if you have any questions.
Brian
Brian C Lowther, PE
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh,, NC 27604
(919)807-6368
brian.lowthcrnncdenr.p_ov
http://Portal.ncdenr.orglweb/wq/ws/s
E-mail correspondence to and front this address may be subject to the ,Noah Caroiina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.
4
2
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
August 2, 2012
Mr. Douglas B. Cooper, PE, PLS
Moorman, Kizer Et Reitzel, Inc.
115 Broadfoot Avenue
Fayetteville, NC 28305
Natural Resources
Subject: Request for Additional Information
Stormwater Project No. SW6120705
Riverbrooke Subdivision Section 4 ix 5
Hoke County
Dear Mr. Cooper:
Dee Freeman
Secretary
The Division of Water Quality Central Office received a request to modify the Stormwater Management Permit for the subject
project on July 27, 2012. A preliminary review of that information has determined that the application is not complete. The
following information is needed to continue the stormwater review:
1. Please show all stormwater pipes and conveyances on the plans.
2. Please clearly show the project area on the plans. All new built upon area must be routed to the BMPs.
3. Please provide information on how the stormwater from future development will be treated.
4. The permanent pool (PP) elevation should be within 6 inches of the SHWT. The supplement indicates the PP is much
lower. Please revise the design.
5. Please include the III. Required Items Checklist for each supplement form. It can be found as one of the tabs in the
excel file.
6. Please show proposed drainage easements and public right of way on the plans.
7. The application indicated 404/401 permit was needed. Please provide documentation this permit has been obtained.
The requested information should be received by this Office prior to August 17, 2012, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you
need additional time to submit the information, please send your request, including date by which you expect to submit the
required information, to my attention. The Division is allowed 90 days from the receipt of a completed application to
issue the permit.
Please reference the State assigned project number on all correspondence. New original documents must be provided and
copies are not acceptable. if you have any questions concerning this matter feet free to contact me at (919) 807.6368 or
brian. Lowther@ncdenr. qov.
Sincerely,
Brian Lowther
Environmental Engineer
cc: Fayetteville Regional Office
Stormwater Permitting Unit Files
ec: Watson G. Caviness, Riverbrooke, LLC
Wetlands and stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NorthCarolina
Location: 512 -8 7 Salisbury Si. 19-80 h, North Carolina 27604 �aillra!!r�
Phone: 919 607-63001 FAX: 919 807-6494
Internet: www.ncuaterquality.ora
Application Completeness Review
First Submittal ❑ Re -submittal Date Received: 74YJI z Date Reviewed: 7 -3
Development/Project Name: ki VE,Q. �,e sv
Receiving stream name R o c. k Pis'ti C R_�P_-.K Classification
f
Liver Basin: �iA-f�.+e T A2
By Bill Diuguid
For post -construction requirements, a program will be deemed compliant for the areas where it is
implementing any of the following programs: WS-I, WS-II, WS-III, WS-IV, HQW, ORW, Neuse River Basin
NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Nutrient
Management Strategy.
High Density Projects that require a 4011404 within an NSW require 85% TSS, 30% TN and 30% TP removal.
T&E Species (Goose Creek, Waxhaw Creek or Six Mile Creek Water Sheds):
Latitude and Longitude: 3Af -6'8 15WA( —717 // 3z 14/ Jurisdiction7_12,9,1-0cotic
Project Address: U_ s / �v 4t-0 ��. x.,,i r� nrQa,� i�rto�s�. ; �:, �„f/ ��"�c -F,,
Engineer name and firm: P. B _ C o oP,,a �4E --
Phone: _91 o 1 4k 6?* -S/ 9/ Email:
Is the project confirmed to be in the State MSI Stormwater Permit jurisdiction? Yes or ❑ No
❑ Low Density (no curb and gutter) ❑ Low Density with curb and gutter outlets M-Kigh Density ❑ Other
r"401/404 impacts to surface waters, wetlands, and buffers (add language to cover letter and/or add info letter)
Check for $505.00 included
�l Original signature (not photocopy) on application ///aq,���� J /rNot' X.rel c Nat w'`•'ff.r
Legal signature (Corporation-VP/higher, Partnership-Gefferal Partner/higher, LLC-member/manager, Agent).
Check spelling, capitalization, punctuation: http://www.secretary.state.nc.us/corporations/thepage.aspx
If an agent signs the application, a signed letter of authorization from the applicant must be provided which
includes the name, title, mailing address and phone number of the person signing the letter.
Y' For subdivided projects, a signed and notarized deed restriction statement
;'-"Sealed, signed & dated calculations
Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each)
❑ Bioretention
❑ Dry Detention Basin
❑ Filter Strip
❑ Grass Swale
❑ Infiltration Basin
❑ Infiltration Trench
❑ Level Spreader
to Permeable Pavement
❑ Restored Riparian Buffer
❑ Rooftop Runoff Management
❑ Sand Filter
❑ Stormwater Wetland
2'VV-et Detention Basin
❑ Low Density
❑ Curb Outlet
❑ Off -Site
❑ NCDOT Linear Road
R� Two sets of sealed, signed & dated layout & finish grading plans with appropriate details
Narrative Description of Stormwater management provided
tSolis report provided
y/
r� Wetlands delineated or a note on the plans or in the accompanying documents that none exist on site and/or
adjacent property
r� Details for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter;
Dimensions & slopes provided
O'/Drainage areas delineated ❑ Pervious and impervious reported for each ❑ Areas of high density
f� a
MP operation and maintenance agreements provided
Application completes s,*-f of ❑ Application Incomplete Returned: (Date)
May 5, 2011 Revision, Bill Diuguid — A(W? Z y
ENGINEERS
PLANNERS JVM
SURVEYORS
f 00RMAN, KI ZER & REITZEI, INC.
July 19, 2012
115 Broadfoot Ave.
P.O. Box 53774
rayettevifie, NC 28305
(916) 484-5191
North Carolina Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Attn: Mr. Mike Randall
Re: Riverbrooke Subdivision Section 4 & 5
Mr. Randall:
On behalf of our client, Riverbrooke, LLC, we are submitting Riverbrooke Subdivision
Section 4 & 5 for review and permitting. Please find enclosed two (2) copies of the
applicable plan sheets, a copy of the Stormwater'Manage Report, which includes the
design narrative, a drainage basin map and the necessary stormwater calculations. Also
enclosed is an original and a copy of the permit applications, SWU-101, DRPC-3, SW401
and the Wet Detention Basin Supplements for Basins 1 and 2, and a check in the
amount of $SOS.00 for the application fee.
Please feel free to give me a call if you have any questions or if you need any additional
information. I can be reached by telephone at (919)484-5191 or by email at
0roney@mkrinc.com . Your assistance with this project is greatly appreciated.
Respectfully submitted,
Moorman, Kizer & Reitzel, Inc.
Senior Designer
Attachments as noted.
,
Lowther, Brian
From: Douglas Cooper [dbcooper@mkrinc.com]
Sent: Tuesday, September 25, 2012 11:26 AM
To: Lowther, Brian
Subject: Riverbrooke Wetlands
Attachments: 404 Approval with special conditions.pdf; Riverbrook 401 Approval.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Brian,
Attached are copies of the 401 and 404 approvals for the wetlands crossings in the proposed Riverbrooke Subdivision for
your use. Please let us know if you have any questions or require any additional information from us on this or the
stormwater submittal. Any updates on the stormwater review as of now?
Thanks,
Douglas B. Cooper, PE, PLS
Nloorman, Kizer anti Reitzel, Inc.
115 Broad Foot Ave.
P.O. Box 53774
Fayetteville; NC 28305
(910) 484-5191
Fax: (910) 484-0388
www.mkrinc.com
dbcooper a,mkrinc.com
1
D'ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
August 20, 2012
DWQ Project # 12-0523
Hoke County
Riverbrook, LLC
Attn: Mr. Watson G. Caviness
639 Executive Place, Suite 400 Ai 6 2017
Fayetteville, NC 28305
Subject Property: Riverbrook —Phases II -IV
Rockfish Creek [I8-3-(15), q
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Caviness:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise permanently impact 0.24 acres of wetlands and 70 linear feet of
perennial stream for the purpose of the construction of a residential subdivision at the subject
property, as described within your application dated May 25, 2012 and received by the N.C.
Division of Water Quality (DWQ) on May 29, 2012. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3890
(GO890). The Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by
the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non -discharge, and other
regulations. Also, this approval to proceed with your proposed ]impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
225 Green St., Ste.714
Fayetteville, North Garolina 28301 011E
Phone: 910-133-33001 FAX: 910-08H7071 Customer Service: 1.877.623-6748 NQ Carolina
Intemet: www.nmaterquality.M Amman
An Equal Opporiunily S Athrtna)ive Adion 'Employe
Riverbrook, LLC
Page 2 of 4
August 20, 2012
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved nits
Plan Location or Reference
404 Wetlands
Permanent Impact)
0.242 acres
PCN page 5 of 11
Perennial Stream
70 linear feet
PCN page 5 of 11
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion -
control measures must be such that they equal, or exceed, the requirements specified
in, the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project. - I
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
Riverbrook, LLC
Page 3 of 4
August 20, 2012
4. No Sediment & Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters .
without prior approval by the Division. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, design and placement of temporary
erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. All sediment
and erosion control devices shall be removed and the natural grade restored within two
(2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
5. Stormwater Management Plan (Approval by the DWQ Stormwater Unit required.)
You are required to obtain approval from the DWQ Stormwater Unit before any impacts
authorized in this certification occur. The SMP may not be modified without prior
written authorization from the DWQ Stormwater Unit. A copy of the approval letter and
the modified SMP must be submitted to the DWQ Webscape.Unit prior to the
commencement of the modifications.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the DWQ WEBSCAPE Unit at: 1650
Mail Service Center, Raleigh, North Carolina 27699-1650.
7. Protective Fencing
The outside buffer, wetland, or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
waning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15 NCAC 2H, Section .0500
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Riverbrook,' LLC
Page 4 of 4
August 20, 2012
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 DiN7sion of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Chad Tu.rlington in the DWQ
Fayetteville Regional Office at 910-433-3320.
Sincerely, p
I��E:GvY>�►lGJ �. �n7
Charles Wakild
Director
Enclosures: GC 3890
Certificate of Completion
cc: Karen Higgins — Wetlands, Buffers and Stormwater Compliance and Permitting Unit
Crystal Amschler - USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
-Nicole Thornpson,— Soil & Environmental Consultants, P.A.
File Copy
U.S. ARMY CORPS OF ENGINEERS
WILMfNGTON DISTRICT
Action Id. 2006-32744 County: Hoke U.S.G.S. Quad: Raeford
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Proaerty Owner: Riverbrooke. LLC
Attn: Mr. Watson G. Caviness
Address: 639 Executive Place, Suite 400
Fayetteville, North Carolina 28305
910-481-0503
K1' ? 0 20.. j
Size and location of property (water body, road name/number, town, etc.): The property is approximately 380 acres and is
located adjacent to Rockfish Creek, west of US Highway 401 approximately 015 mile south of the intersection of US Highway
401 and Rockfish Road, east of Raeford, Hoke County, North Carolina. Latitude: 34.9760 Longitude:-79.184622
Description of projects area and activity: This Permit authorizes after-the-fam permanent impact to 0.242 acres of wetlands
and 70 linear feet of stream channel due to the construction of two road crossinss associated with phases II -IV of a residential
development known as the Riverbrook Subdivision. Impacts for -�_ phase 1 of the Riverbrook Subdivision were authorized on
November 1 2006 and included the temporary impact to 0.025 acres of wetlands for the construction of a sewer line.
Mitigation is renuired_and special conditions apply (see Permit Condition below). The project must be conducted in
accordance with the attached permitted plans.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: ATF 29
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated May 29 2012 and June 28 2012 . Any violation
of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reiiance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modifj•, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Crystal Amschler at 910 251-4170.
Corps Regulatory Official l / ( Date: 9/17/2012
Expiration Date of Verification: 9/17/2014
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit hM)://pur2.nn.usace.ariny.mil/survey.htrn) to complete the survey
online.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued _ . Action ID _
Basis For Determination
The site exhibits wetland criteria as defined in the, 1987 Corps Wetland Delineation Manua] and appropriate Regional
Supplement and is adjacent to Rockfish Creek, a tributary to the Cape Fear River, a navigable water of the U.S. Streams
exhibited an OHWM. '
Remarks.
Attention USDA Program Participants
This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in Band C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above ad s by 111116/2012 ..
**It is not necessary to submit an RFA to the Divis' O fyou do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date: 9/1712012 Expiration Date: 9/17/2017
Copy furnished: Soil & Environmental Consultants, Attn: Nicole Thomson, 11010 Raven Ridge Rd, Raleigh, NC 27614
Mr. Chad Turlington, Division of Water Quality North Carolina Department of Environment and Natural Resources 225 Green Street,
Suite 714 Fayetteville, NC 28301-5043
Special conditions:
a) Within 90 days of the issuance of this permit, the permittee shall complete the authorized impacts in
accordance with the permit and permit special conditions. Within one week of completion of this work the
permittee shall contact the Corps of Engineers to schedule a compliance meeting. The completion of this
work will resolve the unauthorized activities that occurred at the road crossings addressed in our June 22,
2012 notice of violation letter.
b) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization."
c) Permittee shall execute and cause to be recorded in the Hoke County Register of Deeds,restrictive covenants
Ianguage (excerpts from restrictive covenant with approved language attached) for the purpose of maintaining
the Conservation Areas A and B, as shown on the Riverbrooke Conservation Areas maps dated June 2012, in
their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the
subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of the
property, shall take no action on the property described in the covenants inconsistent with the terms thereof.
The permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers within 15
days of recording.
Corps Regulatory Official Date: 9/17/2012
4
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Riverbrooke, LLC
Project Name: Riverbrooke Development
Action ID: SAW-2006-32744
County: Hoke
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it Is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 9-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor; The Sponsor should verify that the mitigation requirements shown below are available and ensure
that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the
identified mitigation. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the
signed form to the Permittee and to the USACE Bank/ILF Manager. The Sponsor must also comply with all reporting
requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian
Riparian
Nan -Riparian
Coastal
Riverine
Non-rverne
0.242
*if more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: "igit HUC and Basin: 03030004, Cape Fear River Basin
Stream (credits)
Wetland (credits)
Warm
Coo!
Cold
Riparian
Riparian
Non -Riparian
Coastal
Riverine
Non-riverine
0.242
Mitigation Site Debited:
(For banks, list the name of the bank to be debited, and the specific site if an umbrella bank. For NCEEP, list "NCEEP" and 'Advance
Credits', "Unassigned', or the name of the site name If specified in the acceptance letter from NCEEP.)
Section to be completed by the Mitigation Bank or I F Sponsor
Statement of Mitigation Liability Acceptance: 1, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Bank/ILF Sponsor shown below, and certify that the Sponsor agrees to accept full
responsibility for providing the mitigation identified in this document (see table above), associated with the USACE
Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for ILF programs), as
approved by the USACE, are currently available at the bank/ILF site identified below. Further, I understand that if the
Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue
measures against the Sponsor to ensure compliance associated with the mitigation requirements.
Mitigation Bank/tLF Sponsor Name:
Name of Sponsor's Authorized Representative:_
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 13 September, 2012
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is In receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit Identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Bank/ILF Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the PermMee's responsibility to provide a
signed copy of this form to the USACE Project Manager at the address below.
• If changes are proposed to the type, amount or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager: Crystal Amschier
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email:
AMSCHLER.CRYSTAL.0 �" E30RC-8M*1LC,"%LE1338614170
Dlk c LIS, a-UA Go a nt,—DaD, ow -PIG, —US&
AMILLE.1238614178 , ;LW 519-VW ' ""$ September 17, 2012
USACE Project Manager Signature Date of signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at h;tp iriuit,.�r:
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at,rah ; ,'_:_.-ic;s::� , ���ru ? to complete the survey online.
i
NQTIFICA T1nN'OF OPTIONSAND PROCESS AND
FijR,APPEAU
1
Applicant: Riverbrook LLC File'Number:2006-32744
Date:9/17/2012
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of pormission)
A
Ell
PROFFERED PERMIT Standard Permit or Letter of ennissiom
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
F]l
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I -The following identifies ,6oui rigITO anid optiuns'fegarding anlddmiiiis ativz appeal of the above derision.
Additional information maybe found at htL :i/wN w.usace.aim miL'inetlfi nction4ic,3Yl4ectvo,'1e rn`'
Cot s iegulations at 33 CFR Pit 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable, If you wish, you may request an approved JO (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TOAN RATIAL PRIFI'ERED PERNOT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information- to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT' OF CONTACT F'OR.QUE'STTONS OR 1NFORA
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Crystal Amschler, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Ave
Wilmington, North Carolina 28403
T'ION:
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1 OM 15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government .
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site invesdization; and will have the onnortunity to oarticinate in all site investigations.
Date: i Telephone number:
of appellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Crystal Am_ schler, 69 Darlington Avenue, Wilmington, North
Carolina 29403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
Action ID Number: 2006-32744 County: Hoke
Permittee: Riverbrooke, LLC
Date Permit Issued: 9/17/2012
Project Manager: Crystal Amschler
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
CESAW-RG