20080580 Ver 1_Change of Ownership_20100930

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
September 30, 2010
S&EC Project # 10998
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Jamie Shern
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
NC Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Ian McMillan
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Buckhorn Place
USACE AID 2008-01195
DWQ Project No. 08-0580
Raleigh, Wake County, NC
Dear Mr. Shern and Mr. McMillan:
Buffaloe Land Developers, LLC was authorized in 2008 to permanently impact 0.0947 acres of wetland, 110 linear
feet of perennial stream channel and 11,785 square feet of protected Neuse River Riparian Buffer at a site located at
7508_Buffaloe Road in Wake County, NC (Property). The applicant was also authorized to temporarily impact
0.003 acres of forested wetland. Please see the attached US Army Corps of Engineers (USACE) 404 Verification
for Nationwide Permits (NWP) 29 and 12 and NC Division of Water Quality (NCDWQ) 401 Water Quality
Certification for General Certifications (GC) 3705 and 3699 and Neuse River Buffer Authorization.
The Property has at all times relevant herein been owned by Buffalo Forest, LLC. It is the intent of this letter to
inform you that on February 1, 2010, Buffaloe Forest, LLC, assumed from Buffaloe Land Developers, LLC
responsibility for the development of the Property. Buffaloe Land Developers, LLC therefore transferred the above
mentioned 404 Verification, 401 Water Quality Certification and Neuse Buffer Authorization to Buffaloe Forest,
LLC.
Please feel free to contact us with any questions or concerns.
Sincerely,
SQIL & ENVIRONMENTAL CONSULTANTS, PA
Nicole . Thomson `
Regulatory Specialist
Attachments: USACE 404 Verification (AID 2008-01195)
NCDWQ 401 Certification (DWQ Project No. 08-0580)
Cc:
Mr. Danny Smith, NC DWQ Raleigh Regional Office
Ms. Lauren Witherspoon, NC DWQ Raleigh Regional Office
Mr. Pablo Reiter, Buffaloe Forest, LLC, 6736 Falls of Neuse Road, Suite 201, Raleigh, NC 27615
Mr. Morgan Bryan, The Bryan Group, Inc.
Mr. Steve Levitas, Kilpatrick Stockton, LLP, 3737 Glenwood Ave., Raleigh, NC 2612
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2008-01195 County: Wake USGS Quad: Raleigh East
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Buffaloe Land Developers, LLC
Address: Attn: Pablo Reiter
6404 Falls of the Neuse Rd, Suite 103 MAY 14 2-008
Raleigh, NC 27615
Telephone No.: 919-792-3746
Size and location of property (water body, road name/number, town, etc.): The Buckhorn Place site is approximately
130 acres of land located,in the southeast quadrant of the intersection of Buffaloe Rd and Old Milburnie Rd, in
Raleigh, Wake County, North Carolina.
Description of projects area and activity: This authorization is for permanent impact to'.0947 acres of wetland due to
lot fill, 110 linear feet of stream channel with important aquatic function due to construction of a roadway and the
permanent conversion of .003 acres of wetland from forested wetland to a herbaceous wetland due to installation of
a utility line and the 20 foot permanently maintained sewer right-of-way easement The project must be conducted
in accordance with the application and drawings submitted on March 28, 2008
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12 and 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. 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 reliance 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 modify, 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 [phone]) 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.
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 Andrew Williams at telephone number 919-876-8441 extension 26.
Corps Regulatory Official C stal Amschler Date: 05/07/2008
Expiration Date of Verification: 5/07/2010
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 hM2://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Page 1 of 3
Determination of Jurisdiction:
? 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).
? 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.
® 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.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Wetlands were determined using the Corps 1987 delineation manual. Streams were
identified utilizinz ordinary high water mark as identified in the field
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
Attn: Crystal Amschler, Regulatory Specialist,
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Suite 105
Wake Forest, North Carolina 27587
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 District 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 address by 7/07/2008.
**It is not necessary to submit an RFA form to the District Office if you do of obje to the determination in this correspondence.**
Corps Regulatory Official: C stal Amschler
Date 5/7/2008 Expiration Date 5/7 013
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Soil & Environmetnal Consultants
Attn: Nicole Thomson
11010 Raven Ridge Rd
Raleigh, NC 27614
Page 2 of 3
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 5, 2008
Mr. Pablo Reiter
Buffaloe Land Developers, LLC
6404 Falls of the Neuse Road, Suite 103
Raleigh, NC 27615
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-0580
Wake County
i 'F10
Subject Property: Buckhorn Place
Ut to Neuse River [030402, 27-(22.5), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions - REVISED
Dear Mr. Reiter:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0977 acres of 404/wetland (0.0947 acres permanent impact, and 0.0030
acres temporary impact), 110 linear feet of perennial stream, and 7,180 square feet of Zone 1 Neuse River
basin protected riparian buffers and 4,605 square feet of Zone 2 Neuse River basin protected riparian
buffers, as described in your application dated February 28, 2008, and received by the Division of Water
Quality (DWQ) on March 28, 2008, with additional information received by you on July 16, 2008, to
construct the proposed residential development at the site. After reviewing your application, we, have
decided that the impacts are covered by General Water Quality Certification Number(s) 3699 and 3705
(GC3699) and (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW 12 and
NW29, respectively, when issued by the US Army Corps of Engineers (USACE). This Certification
replaces the Certification issued to you on July 31, 2008. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge 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 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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://l12o.enr.state.ne.us/ncwetlands
Nott?hI,Carolina
Natura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Buffaloe Land Developers, LLC
Page 2 of 5
August 5, 2008
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.0977 [(acres) 0.0947 acres permanent
impact, and 0.0030 acres temporary impact] PCN page 4 of 10
Stream - perennial 110 (linear feet) PCN page 5 of 10
Buffers Zone 1 7,180 (square ft.) PCN page s 8 and 9 of 10
Buffers Zone 2 4,605 (square ft.) PCN pages 8 and 9 of 10
2. 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.
3. 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.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from 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. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.nedot.org/doh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
buttaloe Land Developers, LLU
Page 3 of 5
August 5, 2008
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Therefore, you must provide plans with adequate details that indicate that the current stability of the
stream will be maintained or enhanced. You must receive written approval from this Office for the
above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved
plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
6. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 213.0233 (5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreader designs received by the DWQ on July
16, 2008. The DWQ believes that if implemented, as per these plans, diffuse flow will be
achieved. However, if diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the
DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to
impede the formation of erosion gullies. At no time shall stormwater from the proposed
development be piped directly through the buffer without prior DWQ written authorization.
Buffaloe Land Developers, LLC
Page 4 of 5
August 5, 2008
The structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality. Stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all stormwater conveyances on all lots
containing these structures including future access for maintenance. The stormwater easements
shall allow for the ability to maintain the structures, perform corrective actions as described
above and shall provide protection of the structures from potential alternations by future property
owners.
An Operation & Maintenance (O&M) agreement signed by the current landowner must be
approved by the DWQ. This O&M agreement must transfer with the sale of the land or transfer
of responsibility for the stormwater facilities and the DWQ must be notified of every transfer.
7. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
8. 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 warning 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;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 1508 of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Buttaloe Land Developers, LLL
Page 5 of 5
August 5, 2008
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
CHS/ijm
Enclosures: GC3699 and GC3705
Certificate of Completion
Si erel ,
Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 080580BuckhomPlace(Wake)401 _NBR_Revised