HomeMy WebLinkAbout20060961 Ver 3_401 Application_20101110'EcoEngineer
1 41 A division of The John R. McAdams Cc?
LETTER OF TRANSMITTAL
To: DWQ Central Office
Attn: Ms. Lia Gilleski
DWQ 401 - Express Review Coordinator
2321 Crabtree Boulevard - Suite 250
Raleigh, NC 27604
Re: GC 3821 / Neuse Buffer Auth. Application
Inside Wade Townhomes - Sewer
I am sending you the following item(s):
?o
Pot
ds c. 040
Date: November 10, 2010
** HAND DELIVER **
Job No.: LEN-10000
COPIES DATE NO. DESCRIPTION
5 PCN Application and attachments
1 Check for $2,000
1 CD of application
1 PCN Checklist
1 Stormwater Management Plan Notebook
These are transmitted as checked below:
? As requested ? For your use
? For approval ?
® For review and comment ?
Remarks:
Please call with questions at 919.361.5000.
THANKS!!!
Copy to:
Signed:
Senior E
nmental Scientist
FOR INTERNAL USE ONLY
? Copy Letter of Transmittal Only to File
® Copy Entire Document to File
2905 Meridian Parkway, Durham, North Carolina 27713
PO Box 14005, RTP, North Carolina 27709
[JEcoEngineering
A division of The John R. McAdams Company, Inc.
November 10, 2010
Ms. Lia Gilleski
DWQ - 401 Express Coordinator
NC DWQ - 401 Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: GC 3821 / Neuse Buffer Authorization
Inside Wade Townhomes - Sewer
Raleigh, North Carolina
LEN-10000
Dear Ms. Gilleski:
On behalf of Lennar Homes Carolinas, we are applying for a Neuse River Riparian
Buffer Authorization for impacts to Zone 1 and Zone 2 of the Neuse Buffer and NC
Division of Water Quality (DWQ) General Water Quality Certification (GC) 3821
for temporary impacts to an unnamed tributary to the Neuse River, associated with
construction of a section of sanitary sewer line to service the Inside Wade
townhome project. The proposed development is located off of Wade Park
Boulevard, at the southeast corner of the intersection of I-40 and Wade Avenue in
Raleigh, within the Neuse River Basin of North Carolina.
• Signed Agent Authorization
• Fig. I - USGS Quad - Raleigh West
• Fig.2- Wake County Soil Survey
• Fig.3- Existing Conditions / w. Aerial
• Fig.4- Overall Site Plan/Impact Map (w. Inset 1/ Inset 2)
• Sewer Line Plan and Profile
• Pre-Construction Notification
• USACE Final JD (Action ID # 200220576)
• DWQ Neuse River Buffer determination (NBRRO 05-265)
• NWP 12/ 39 (USACE Action Id. 2006-20546-292)
• Original 401 Permit - DWQ Project # (DWQ # 06-0961)
• FEMA Map
• PCN Checklist
WETLAND/STREAM MAPPING: A final USACE Jurisdictional Determination
(JD) Letter was issued on February 26, 2002, by Ms. Amanda Jones (Action ID #
200220576). A DWQ Neuse River Buffer determination issued on October 6,
2005, by Mr. Eric Kulz, (NBRRO 05-265). There are no jurisdictional wetlands
Research Triangle Park, ec within the current ro osed project boundary. There is approximately 2 2,537 linear
Research Office
Post oaBox ngl o5 feet of Perennial Stream "A" and 235 lineafeet of Interittent Stream "B". The
Triangl
c e Park,
North Carolina 27709 proposed project contains unnamed tributaries to Richlands Creek, a tributary to the
2905 Meridian Parkway Neuse River (HUC 03020201).
Durham. North Carolina 27713
800-733-5646
919-287-4262
919-361-2269 Fax
wwwecoengrcom Design Services Focused On Client Success
EcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Lia Gilleski
Inside Wade Townhomes
November 10, 2010
Page 2 of 6
PROJECT LOCATION/HABITAT: The proposed development is located off of
Wade Park Boulevard, at the southeast corner of the intersection of I-40 and Wade
Avenue in Raleigh, North Carolina. Development on this site (Lots 4 and 5) is part
of the overall 40/Wade Master Planned community, previously permitted. A
portion of the infrastructure and office development for the original 40/Wade
Master Planned Community have been constructed. However, the current project is
restricted to build-out of the Inside Wade townhome community in the northwest
quadrant of the original overall project area (Fig. 3 / Fig. 4). The current project
area consist of pasture and forested areas made up of mostly loblolly pine, red
maple, sweet gum, and tulip poplar, with a pasture of sedges and fescue grasses.
This particular site was once part of the NC State Animal Research Unit, however
it was abandoned and sold years ago. The previously permitted, Wade Park
Boulevard currently runs along the perimeter of the property and the originally
proposed stormwater BMP's have constructed and are in place as well. The
currently proposed sewer line connections will tie into an existing on-site sewer,
which runs parallel to the unnamed tributary to the Neuse River. This unnamed
tributary is depicted on the USGS quad (Figure 1) and Wake County Soils Survey
(Figure 2), therefore it is subject to the Neuse River Riparian Buffer Rules. The
riparian buffer adjacent to the proposed project has been mostly cleared due to the
existing City of Raleigh sewer line easement running parallel to the proposed
project.
Land use within the vicinity of the project is mix of office, multi-family, and
single-family residential, light commercial, and natural forested areas to the north
of the project area. A major interstate (1-40) is just to the west of the proposed
project boundary.
PROJECT HISTORY: The proposed project is a portion of the overall project
that was originally permitted, however the land and project are totally independent
of the originally permitted project. The project was previously permitted under a
Nationwide. Permit 12 / 39 (USACE Action Id. 2006-20546-292) on July 27, 2006
for the entire 40/Wade Project (copy enclosed). There was also a DWQ 401 Water
Quality Certification and Neuse River Buffer Authorization (DWQ # 06-0961) issued
August 7, 2006, by Ms. Cyndi Karoly (copy enclosed). Both the 404 and 401 have
expired and we are requesting to re-authorization of these previously permitted
impacts.
Under the original 401 Water Quality Certification issued by NCDWQ for the
overall 40/Wade Master Planned community, the proposed site is required to
comply with both stormwater management plan and diffuse flow requirements.
Final stormwater management plans/calculations will be reviewed/approved by the
LEN-10000
EcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Lia Gilleski
j Inside Wade Townhomes
November 10, 2010
j Page 3 of 6
City of Raleigh, and the diffuse flow plan has recently been approved by NCDWQ
(DWQ # 06-0961v2).
The road network and stream/wetland impacts associated with original permit are in
place, the sewer for the proposed project is not. There are no future phases of the
current proposed Inside Wade townhome project.
PROPOSED PROJECTAMPACTS: Development on this site (Lots 4 and 5) is
part of the overall 40/Wade Master Planned community and will consist of the
construction of residential townhomes, along with associated street, sidewalk,
sewer line installation, utilities, and stormwater management facilities.
Wade Park Boulevard, with previously permitted impacts, is constructed, and runs
along the perimeter of the proposed project (Fig. 3). There are however, three
sewer line connections in which the project will tie into an existing City of Raleigh
sewer line that runs parallel to the buffered stream channel (Stream "A") on the
eastern portion of the property, and one temporary stream impact associated with
the sewer line installation (Fig. 4 - Inset 1/Inset 2). This permit request is
specifically for review of these sewer line installations through the Neuse River
buffer and adjacent stream channel.
IMPACT AREA "A": The proposed sanitary sewer will be designed to cross the
unnamed tributary to Richlands Creek at a near perpendicular angle. The proposed
sewer line will consist of an 8 inch ductile iron pipe located within a 20 foot
permanently maintained maintenance easement (Impact "A"). The sewer is proposed
to be installed utilizing the trench and backfill method. While directionally boring
methods were looked at, they proved to be too costly, with a risk of hitting bedrock at
depth. There is 10 linear feet of temporary impact to stream "A" , 1,652 sf of Zone 1
impacts, and 748 sf of Zone 2 impact associated with the proposed sewer line
installation and maintenance corridor within Impact Area "A".
IMPACT AREA "B"/"C": Impact areas "B" and "C" consist of temporary
excavation impacts within the Neuse Buffer to connect the proposed sewer into at the
existing City of Raleigh sewer line. Impact areas "B" and "C" have been previously
cleared and are within the current existing sewer easement. Impact Area "B" and
"C" have 71 sf and 74 sf of temporary impact to Zone 2, respectively.
LEN-10000
EcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Lia Gilleski
Inside Wade Townhomes
November 10, 2010
Page 4 of 6
TOTAL BUFFER IMPACTS:
Buffer Impact Type Zone I impact Zone 2 impact
(square feet) (s uare feet)
Impact Area A
Sewer Easement 1,714 834
(clearing/excvation)
Impact Area B
Excavation 71
For Sewer Installation
Impact Area C
Excavation 74
For Sewer Installation
TOTAL 1,714 979
TOTAL STREAM IMPACTS:
Impact Location Impact Type Impact Total
(Linear Feet/ Square Feet)
Impact Area "A" Temporary /
Stream "A" excavation 10 l.f. / 82 s.f.
Perennial Sewer Easement
TOTAL 10 H. / 82 s.f.
AVOIDANCE and MINIMIZATION: Wetland, Stream, and Buffer impacts have
been avoided to the greatest extent practicable, while achieving a successful project.
There are only 10 linear feet of temporary stream impact associated with this portion
of the project, while avoiding 2,762 linear of remaining stream channels, within the
project area.
Impact areas "A", "B", and "C" are required sanitary sewer connections to an
existing City of Raleigh Sanitary Sewer, running parallel to Stream "A". Location
of the proposed sewer connections were directed to existing manholes and absence
of significant trees within the proposed impact area. To minimize impacts, the
sanitary sewer at impact area "A" has been aligned at a near perpendicular angle as it
crosses the unnamed tributary, reducing stream and stream buffer impacts in this
location. A further reduction has been achieved at impact areas "B" and "C" which
LEN-10000
EcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Lia Gilleski
Inside Wade Townhomes
November 10, 2010
Page 5 of 6
are connecting to the existing sewer line in previously cleared areas within an
existing easement and consist of only temporary excavation impacts within the
Neuse Buffer.
DIFFUSE FLOW: DWQ recently approved the diffuse flow plan for Inside Wade
Townhome project on August 31, 2010 (DWQ # EXP 06-0961v2) and a copy of
the plan and approval is enclosed. Per Section 5 of NC Administrative Code 15A
NCAC 02B .0233 Neuse River Basin Protection and Maintenance of Existing
Riparian Buffers, diffuse flow of runoff shall be maintained in the riparian buffer
by dispersing concentrated flow and reestablishing vegetation. Concentrated runoff
from new ditches and manmade conveyances shall be converted to diffuse flow
before the runoff enters the Zone 2 of the riparian buffer. Periodic corrective action
to restore diffuse flow shall be taken if necessary to impede the formation of
erosion gullies. Since the proposed Inside Wade Townhomes project is located
within the Neuse River Basin, it is subject to the diffuse flow requirements.
To address this requirement, a conventional outlet structure with a splitter box
configuration is proposed to "split" the appropriate water quality volume from the
larger storm events and divert it to a level spreader designed per NCDWQ level
spreader design standards. The level spreader provides diffuse flow of the
appropriate water quality volume into the downstream existing Neuse Stream
Buffer. The larger storms (i.e. greater than the water quality volume events) will
bypass the level spreader and discharge into a traditional riprap velocity dissipator
that dissipates the energy associated with the larger storm events prior to
discharging non-erosively into the existing Neuse Stream Buffer downstream.
STORMWATER MANAGEMENT: The proposed development is
approximately 60% impervious surface and located within the Neuse River basin
and will be subject to the stormwater management requirements set forth in Section
10, Chapter 9 of the City of Raleigh regulations. Per City of Raleigh regulations,
stormwater management on this site shall address two primary issues: (1) peak
discharge rates and (2) water quality management.
Per Section 10-9023(b)(4) of the City of Raleigh code, development on this tract is
exempt from the City of Raleigh detention requirements since "compliance with the
ten=year storm runoff limitations in subsection (a) above results in no benefit to
current and future downstream development, as determined by City -approved
engineering studies." For this reason, the three stormwater best management
practices that are proposed to treat runoff from this site (1 existing bioretention
area, 1 existing stormwater wetland, and 1 proposed wet pond) are sized for water
quality control only, and do not provide any water quantity control (i.e. detention)
benefit.
LEN-10000
EcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Lia Gilleski
Inside Wade Townhomes
November 10, 2010
Page 6 of 6
Per discussions with City of Raleigh Conservation Engineering, to account for the
previous offset payment that has been made associated with this site, the nitrogen
export calculations were computed using Method 2 from the City of Raleigh Storm
Drainage Manual. Per a previously approved design report for this site by Withers
& Ravenel (sealed by Stephanie A. Hall, PE on 5/21/2007), nitrogen export
calculations were previously submitted to and approved by the City of Raleigh as
part of the construction of the existing onsite roadway and existing stormwater
management facilities. A nitrogen offset payment was also made to NCEEP in the
amount of $47,237. Therefore, in order to compute the remaining TN-export load
requiring offset payment as part of this proposed development, the previous
payment ($47,327) was converted to an equivalent load in lbs/yr ($47,327 / ($11
per pound * 30 years) = 143.42 lbs/yr) and subtracted from the overall load
requiring offset payment (191.13 lbs/yr) that was computed as part of this project.
The remaining load (191.13 lbs/yr - 143.42 lbs/yr = 47.71 lbs/yr) is then proposed
for offset by payment to the NCEEP.
Please note the three (3) BMPs on this site (1 existing bioretention area, 1 existing
stormwater wetland, and 1 proposed wet pond) achieve the on-site nutrient export
limitation of 10.0 lbs/ac/yr prior to the proposed offset payment to NCEEP.
MITIGATION: All buffer impacts are deemed "Allowable" under the Neuse
River Riparian Buffer Rules - Table of Uses, and stream impacts are below 150
linear feet, therefore no mitigation is proposed.
Consideration of this project is greatly appreciated. If you should have any
questions or require additional information, please do not hesitate to contact me at
(919) 287-4262.
Sincerely,
EcoEngineering
A division of The John R. McAdams Company, Inc.
Kevin Yate
Senior Environmental Scientist
Project Manager
Enclosures
LEN-10000
Since 1979
ii
- THE JOHN R. McADAMS COMPANY, INC.
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The CurrentProperty Owner
Name: Lennar Carolinas, Inc. (Attn: Ms. Patricia H mchette)
Address: 1201 Edwards Mill Road Suite 301, Raleigh, NC 27607
Phone: 919-8651900 _
Project Name/Description: Inside Wade Townhomes / Wade Park Blvd,
Project Number: LEN-10000 Project Manager: Kevin Yates
Date: 1.0/03/2010
U.S. Army Corps of Engineers
Attn: James Lastinger
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current property owner, hereby designate and authorize The John R. McAdams Company,
Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon
request supplemental information in support of applications, etc. from this day forward. "Che
day of November 2010.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only
for government officials to enter the property when accompanied by The John R.
McAdams Company, Inc. staff. You should call The,folin R. McAdams Company, Inc. to
arrange a site meeting prior to visiting the site.
Print Property Owner Signature
Cc: Ms. Lia Gilleski
NCDENR-DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
C I V I L E N G I N E E R I N G • L A N D P L A N N I N G • S U R V E Y I N G
i>th. NC
PO Box 14005 • Research Triangle Park, NC 27709 • (919) 361-5000 • fax (919) 361-2269
www.johnrmcadams.com
PROJECT No. LEN-10000
""A1/E: USGS-SOILS
scALE
a
a : 1" = 1.000'
i DATE: 10-22-10
1' Vl\ 1 1 - VV C1LL'
TOWNHOME - SEWER
FIGURE 1: USGS
NOR I I I
FEglEcoEngineering
A division of The John R. McAdams Company, Inc.
RESEARCH TRIANGLE PARK, NC
P.O. BOX 14005 ZIP 27909-4005
(919) 381-5000
® PROJECT NO. LEN010000 FORTY-WADE Fa-g?EcoEngineering
9 FILENAME: USGS-SOILS
T WNHOME
SEWER
A division of The John R. McAdams Company, Inc.
tV SCALE:
?
. -
,
_ ,,ooo
FIGURE 2: Soils Ma RESEARCH TRIANGLE PARK, NC
r DATE:
10-22-10 p
RALEIGH, NORTH CAROLINA P.O. BOX 14005 ZIP 27709-4005
(919) '"'°40""
Office Use'Only:.
Corps action. ID no.
DWQ project no..
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
X Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: NWP 29 /GC 3821
1c. Has the NWP or GP number been verified by the Corps? Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification - Express X Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes X No For the record only for Corps Permit:
? Yes X No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes X No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes X No
2. Project Information
2a. Name of project: Inside Wade Townhomes
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: Inside Wade Townhomes
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Lennar Carolinas, Inc.
3b. Deed Book and Page No. Deed Book: 11905 /Page No. 0433
3c. Responsible Party (for LLC if
applicable): Patricia Hanchette
3d. Street address: 1201 Edwards Mill Road, Suite 301
3e. City, state, zip: Raleigh, NC 27607
3f. Telephone no.: 919-865-1900
3g. Fax no.: 919-865-1901
3h. Email address: Patricia.Hanchette@Lennar.com
Page 1 of 15
PCN Form - Version 1.3 December 10, 2008 Version
C. Stormwater Management and Diffuse Flow Plan (required-'by DWQ), continued
4. Applicant Information (if different from owner) .
4a. Applicant is: Agent X. Other, specify: Pulte Homes (Has acquired. easement from VBBS Group for
Sewer Installation and Maintenance
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Kevin Yates
5b. Business name
(if applicable): EcoEngineering, A division of The John R. McAdams Company
5c. Street address: 2905 Meridian Parkway
5d. City, state, zip: Durham, NC, 27713
5e. Telephone no.: 919-287-4262
5f. Fax no.: 919-361-2269
5g. Email address: yates@ecoengr.com
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 0774892683 / 07748880642
1 b. Site coordinates (in decimal degrees): Latitude: 35.809140 N Longitude: - 78.736093
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 40.93 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Richland Creek
2b. Water Quality Classification of nearest receiving water: C; NSW
2c. River basin: Neuse River (03020201)
C. Stormwater Management and Diffuse Flow Plan (required-by DWQ), continued
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The proposed development is located off of Wade Park Blvd, at the SE corner of the intersection of I-40
and Wade Avenue in Raleigh, NC. Development on this site (Lots 4 and 5) is part of the overall 40/Wade
Master Planned Community. A portion of the infrastructure and office development are for the original
40/Wad Master Planned Community have been constructed. However, the current project is restricted to
build-out of the Inside Wade townhome community in the northwest quadrant of the original overall
project area. The current project area consist of pasture and forested areas made up of mostly loblolly
pine, red maple, sweet gum, and tulip poplar, with a pasture of sedges and fescue grasses. This particular
site was once part of the NC State Animal Research Unit, however it was abandoned and sold years ago.
The previously permitted, Wade Park Boulevard currently runs along the perimeter of the property and
the originally proposed stormwater BMP's have constructed and are in place as well. The currently
proposed sewer line connections will tie into an existing on-site sewer, which runs parallel to the
unnamed tributary to the Neuse River. This unnamed tributary is depicted on the USGS quad (Figure 1)
and Wake County Soils Survey (Figure 2), therefore it is subject to the Neuse River Riparian Buffer
Rules. The riparian buffer adjacent to the proposed project has been mostly cleared due to the existing
City of Raleigh sewer line easement running parallel to the proposed project.
Land use within the vicinity of the project is mix of office, multi-family, and single-family residential,
light commercial, and natural forested areas to the north of the project area. A major interstate (I-40) is
just to the west of the proposed project boundary.
3b. List the total estimated acreage of all existing wetlands on the property:
There are no jurisdictional wetlands within the current proposed project boundary.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There is approximately 2,537 linear feet of Perennial Stream "A" and 235 linear feet of Intermittent Stream "B".
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide sanitary sewer service to the Inside Wade Townhomes.
C.' Stormwater Management and Diffuse Flow Plan (required by DWQ),.continued
3e.- Describe the overall project in detail, including the type of equipment to be used:
The proposed development is located off of Wade Park Blvd, at the SE corner of the intersection of I-40
and Wade Avenue in Raleigh, NC. Development on this site (Lots 4 and 5) is part of the overall 40/Wade
Master Planned Community and will consist of the construction of residential townhomes, along with
associated street, sidewalk, sewer line installation, utilities, and SW management infrastructure. The
proposed development is located within the Neuse River Basin, and ultimately drains to Richlands Creek,
classified as C,NSW. A 401 WQ Cert was approved by NCDWQ for the overall 40/Wade Master
Planned Community (DWQ Project # 06-0961 / USACE Action Id. 2006-20546-292). Under the original
401 WQ Certification issued by NCDWQ, the proposed site is required to comply with both stormwater
management plan and diffuse flow requirements. Final stormwater management plans/calculations will be
reviewed/approved by the City of Raleigh, and the diffuse flow plan has recently been approved by
NCDWQ. Wade Park Boulevard, was previously permitted impacts, is constructed, and runs along the
perimeter of the proposed project (Fig. 3). There are however, 3 locations in which the project will tie
into an existing City of Raleigh sewer line that runs parallel to the buffered stream channel on the eastern
portion of the property, and there is one proposed stream crossing and 3 minor buffer impacts associated
with this installation (Fig. 4 - Inset 1/Inset 2). This permit request is specifically for review of these sewer
line installations through the Neuse River Buffer and adjacent stream channel.
IMPACT AREA "A": The proposed sanitary sewer will be designed to cross the unnamed tributary to Richlands Creek
at a near perpendicular angle. The proposed sewer line will consist of an 8 inch ductile iron pipe located within a 20
foot permanently maintained maintenance easement (Impact "A"). The sewer is proposed to be installed utilizing the
trench and backfill method. While directionally boring methods were looked at, they proved to be too costly, with a risk
of hitting bedrock at depth. There is 10 linear feet of temporary impact to stream "A" , 1,652 sf of Zone 1 impacts, and
748 sf of Zone 2 impact associated with the proposed sewer line installation and maintenance corridor within Impact
Area "A".
IMPACT AREA "B"/C": Impact areas "B" and "C" consist of temporary excavation impacts within the Neuse Buffer to
connect the proposed sewer into at the existing City of Raleigh sewer line. Impact areas "B" and "C" have been
previously cleared and are within the current existing sewer easement. Impact Area "B" and "C" have 71 sf and 74 sf
of temporary impact to Zone 2, respectively.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
X Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type Preliminary X Final
y
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Soils & Environmental
Name (if known): Sean Clark Consultants
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
• USACE Final JD Letter issued 02/26/02 by Amanda Jones, (Action ID # 200220576)
• DWQ Neuse River Buffer determination issued 10/06/05 by Eric Kulz, (NBRRO 05-265)
C.. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
5. Project History
5a. Have permits or certifications been requested or obtained for X Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
• NWP 12/ 39 (USACE Action Id. 2006-20546-292) to Wexford Developers LLC for the entire 40/Wade Project, was
issued on July 27, 2006 by Mr. Monte Matthews.
. 401 Water Quality Certification Neuse River Buffer Authorization Certificate (DWQ # 06-0961) issued August 7, 2006, by Ms.
Cyndi Karoly
"Note: Road network and stream/wetland impacts associated with original permit are in place, the sewer for the proposed
project is not.
6. Future Project Plans
6a. Is this a phased project? X Yes No
6b. If yes, explain. The proposed project is a portion of the overall project that was originally permitted, however the land
and project are totally independent of the originally permitted project. There are no future phases of the current proposed
Inside Wade townhome project.
C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
C. Proposed Impacts Inventory
1. Impacts Summary.
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands X Streams - tributaries X Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P X T ? Yes ? Corps
?No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
?No ? DWQ
2g. Total wetland impacts
2h. Comments: None with currently proposed project.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
Inset 1
"
" Stream A Perennial XCorps
Impact Area
A Trench & Backfill (ut to Richlands (important) XDWQ 10 I. f. 8 l.f.
Temporary Creek)
? PER ? Corps
? INT ? DWQ
? PER ? Corps
? INT ? DWQ
? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
C. Stormwater Management and Diffuse Flow.Plan (required by DWQ), continued
4. Open Water Impacts (N/A)
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.
Type of impact 4d.
Waterbody type 4e.
Area of impact (acres)
01 ?P?T
02 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction (N/A)
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID 5b.
Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
C: Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
6. Buffer Impacts (for. DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
X Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or impact Stream name mitigation (square feet) (square feet)
Temporary T required.?
Inset 1 Clearing
Impact Area "A" For Sewer Unnamed tributary to No 1
714 834
Permanent Corridor Richlands Creek ,
Inset 1
"
" Excavation Unnamed tributary to
Impact Area
B For Sewer No 71
Temporary Installation Richlands Creek
Inset 2
"
" Excavation Unnamed tributary to
Impact Area
C For Sewer No 74
Temporary Installation Richlands Creek
6h. Total buffer impacts 1,714 979
6i. Comments: The proposed sewer connections are tying into an existing City of Raleigh sewer line in which the Neuse
Buffer has been previously cleared, therefore there is no new permanent clearing required for Sewer Connections "B" and "C".
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Wetland, Stream, and Buffer impacts have been avoided to the greatest extent practicable, while achieving a
successful project. There are only 10 linear feet of temporary stream impact associated with this portion of the project,
while avoiding 2,762 linear of remaining stream channels, within the project area.
Impact areas "A", "B", and "C" are required sanitary sewer connections to an existing City of Raleigh Sanitary
Sewer, running parallel to Stream "A". Location of the proposed sewer connections were directed to existing
manholes and absence of significant trees within the proposed impact area. To minimize impacts, the sanitary sewer at
impact area "A" has been aligned at a near perpendicular angle as it crosses the unnamed tributary, reducing stream and
stream buffer impacts in this location. A further reduction has been achieved at impact areas "B" and "C" which are
connecting to the existing sewer line in previously cleared areas within an existing easement and consist of only
temporary excavation impacts within the Neuse Buffer.
C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
1 b:. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
- The temporary construction corridor within the Neuse River Buffer will fall within the permanently maintained 20-
foot easement area through the Neuse Buffer, minimizing impacts from construction.
- Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation
as described in the Erosion Control Plan sheet reviewed and approved by the NC Division of Land Quality and City
of Raleigh. All work will take place during dry conditions and can be facilitated from high, non-jurisdictional, stable
ground adjacent to the Neuse Buffer. The contractor shall install silt fence, inlet protection, sediment traps,
diversion ditches, tree protection, clearing only as necessary to install these devices. All erosion and sediment
control measures will be checked for stability and operation following every runoff producing rainfall , but in no case
less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An
erosion control inspections report is required and will be kept by the owner's representative.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes X No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
C. Stormwater Management and Diffuse Flow.Plan (required by DWQ), continued.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified X Y
? N
within one of the NC Riparian Buffer Protection Rules? es
o
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: DWQ recently approved the diffuse flow plan for Inside Wade
Townhome project on August 31, 2010 (DWQ # EXP 06-0961 v2) and a copy of the plan
and approval is enclosed. Per Section 5 of NC Administrative Code 15A NCAC 02B
.0233 Neuse River Basin Protection and Maintenance of Existing Riparian Buffers,
diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow and reestablishing vegetation. Concentrated runoff from new ditches
and manmade conveyances shall be converted to diffuse flow before the runoff enters
the Zone 2 of the riparian buffer. Periodic corrective action to restore diffuse flow shall
be taken if necessary to impede the formation of erosion gullies. Since the proposed
Inside Wade Townhomes project is located within the Neuse River Basin, it is subject to X Yes No
the diffuse flow requirements.
To address this requirement, a conventional outlet structure with a splitter box
configuration is proposed to "split" the appropriate water quality volume from the larger
storm events and divert it to a level spreader designed per NCDWQ level spreader
design standards. The level spreader provides diffuse flow of the appropriate water
quality volume into the downstream existing Neuse Stream Buffer. The larger storms
(i.e. greater than the water quality volume events) will bypass the level spreader and
discharge into a traditional riprap velocity dissipator that dissipates the energy
associated with the larger storm events prior to discharging non-erosively into the
existing Neuse Stream Buffer downstream.
C.. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued.
'2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 60%
2b. Does this project require a Stormwater Management Plan? X Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Comments:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The proposed development is located within the Neuse River basin and will be subject to the stormwater management
requirements set forth in Section 10, Chapter 9 of the City of Raleigh regulations. Per City of Raleigh regulations, stormwater
management on this site shall address two primary issues: (1) peak discharge rates and (2) water quality management.
Per Section 10-9023(b)(4) of the City of Raleigh code, development on this tract is exempt from the City of Raleigh detention
requirements since "compliance with the ten-year storm runoff limitations in subsection (a) above results in no benefit to
current and future downstream development, as determined by City -approved engineering studies." For this reason, the
three stormwater best management practices that are proposed to treat runoff from this site (1 existing bioretention area, 1
existing stormwater wetland, and 1 proposed wet pond) are sized for water quality control only, and do not provide any water
quantity control (i.e. detention) benefit.
Per discussions with City of Raleigh Conservation Engineering, to account for the previous offset payment that has been
made associated with this site, the nitrogen export calculations were computed using Method 2 from the City of Raleigh Storm
Drainage Manual. Per a previously approved design report for this site by Withers & Ravenel (sealed by Stephanie A. Hall, PE
on 5/21/2007), nitrogen export calculations were previously submitted to and approved by the City of Raleigh as part of the
construction of the existing onsite roadway and existing stormwater management facilities. A nitrogen offset payment was
also made to NCEEP in the amount of $47,237. Therefore, in order to compute the remaining TN-export load requiring offset
payment as part of this proposed development, the previous payment ($47,327) was converted to an equivalent load in Ibs/yr
($47,327 / ($11 per pound * 30 years) = 143.42 Ibs/yr) and subtracted from the overall load requiring offset payment (191.13
Ibs/yr) that was computed as part of this project. The remaining load (191.13 Ibs/yr - 143.42 Ibs/yr = 47.71 Ibs/yr) is then
proposed for offset by payment to the NCEEP.
Please note the three (3) BMPs on this site (1 existing bioretention area, 1 existing stormwater wetland, and 1 proposed wet
pond) achieve the on-site nutrient export limitation of 10.0 Ibs/ac/yr prior to the proposed offset payment to NCEEP.
X Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? DWQ Stormwater Program
DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Raleigh
? Phase II
3b. Which of the following locally-implemented stormwater management programs X NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been Yes X No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): X Session Law 2006-246
? Other:
C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? A copy of the plan has been submitted, but has.not yet been approved
by the City of Raleigh.
? Yes X No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? X Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? X Yes ? No
F. Supplementary Information
1: Environmental Documentation (DWQ Requirement) .
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The tributaries for this project flow into Richlands Creek, in which the downstream receiving waters are located in
Umstead State Park, which cannot be developed; so there is no possibility of this project causing additional downstream
impacts.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed sanitary sewer will connect to an existing 30 foot City of Raleigh public sanitary sewer and access
easement and ultimately to the City olf Raleigh wastewater treatment system.
Page 13 of 15
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. F1 Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The U.S. Fish and Wildlife Serive web site (http://www.fws.gov/nc-es/es/countyfr.html) was accessed on November 1,
2010 to determine threatened and endangered species which may potential occur within Wake County. Based on field
surveys coducted within the project area, it is believed threatened and endagered species and their habitat are not
present.
The North Carolina Natural Heritage Protection Virtual Workroom internet service (accessed November 1, 2010) does not
lists any federally protected species within a 2 mile radius of the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The North Carolina Natural Heritage Protection Virtual Workroom internet service (accessed November 1, 2010) does not
lists any federally protected species within a 2 mile radius of the project area.
The Clean Water Management Trust Fund we site (http://216.237.216.18/cwmtfweb/default.aspx) was accessed on
November 1, 2010 to determine whether the proposed project would impact Essential Fish Habitat (EFH) and it was
determined that EFH is not present within the proposed project study area.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
A review of the list of properties and districts in North Carolina entered in the National Register of Historic Places
(http://www.hpo.ncdcr.gov/nrlist.htm) for Wake County did not reveal any listing within the proposed project study area. It
is believed the proposed project will not occur in or near an area that has been designated as having historic or cultural
preservation status by the state, federal, or tribal governments.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The North Carolina Flood Insurance Rate Map (Map #
3720077400J and 3720077500J-1 Effective Date May 2, 2006) was reviewed and it was determined that 100-year
floodplain and floodway areas are present on the subject property.
Kevin Yates Date
nex?f )Q
Applicant/Agent's Printed Name Applicant/Ag W Signature l? to/Zu?a
(Agent's signature is valid only if a authorization letter from the applicant .
is provided.)'
CIU2 3N -qjm "uynd onpuaN gm
ZLL(YINYHJ • ?HYd n9NYIN.L HJHYHSHH
?NI `?1?i?dL1T0?
10 SSWOHNEM01 ZGVA& 2CIISNI
SNV(IVZ)W -H NHOr HH,L
VMnOHVD HJAON 'HJIZWH
„D„ VMW J.7VdY II :Z JZSNI
OL-6Z-OL atvO cn
N
'
31YJ5 Q
d
LWS-0000LN3? :anYN?LL3
OOOOL-N31 -ON 13MONd
^
w
w
Z vi
w O?
W H
l? Q
W Q ^
CY
W
D W W
° Ln
z of z
V ?V)
U ww
? ~ U
N O o
0 Z r
w O
w ww zWo
N
Li (-D O
v O
:D Q
mw
ry
lit C)
0 Q
:D
z Z z
w "Q
0 w
w l
z
Q/
P, C,
z co ?/
?? ?I/ / I
I IIII ? c \ / ?o? / ?
I I I l \ a CSI
I ? ? 1 1,11
I III I I I I I \ ?--_ ?
I I I ? I
/ I 1 1 i N
I 1 1 1 i I I I I I I ? /
I I I I I I I '
I ? i I I I I I/I /
? I I I I I I I I I II ?
I I I I
I I I I I I?? /
? I I
I I I I I I I? ? /' ???
I I I I I I? I 1
I
-It /
1. • , h
I , I III I I,? ? i ? ??
1 I I? I- =
I11 1111 ?,-
I I 1 1? I? I I I
-I I I I 1 1 I I? U? ? ??
/ I I I I = 0 1
-t- I I I >
6
/ / I I I ?N I I\
/ / I I I
?/ // / i j ??I I I\ I
/ / I raj ? 'I
"Z I I \ aw I
=N LVL,,
W
LL,
?w WQ I ?
d
/ IC,w?
I0 "
w?
Lna
IzQO x
J I / / F-?CV I'
U) _z
/ // I I I I I xQm
W V, :2
I / ? I / I I
i / I I ? I 1
I ,.
I
1\1111 1' `I I ? I' II ?// i
/ II II II I I'I I I I
II III I°o 11 ? ?I ?I I
III I I? ? i f? I I
?I lti I III i ?I ?? ? /
II II 1. I II ? I ? ?? I I '
O
(D
? o
c)
U_ L II
x ?
Qi C
O
Q
j In
"
L,J " to
Zmaa
\ >?rn
- ?Ln
0
I \ / ~ o
I / Ste.
?C?
li I
I I / m
I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-20546-292 County: Wake USGS Quad: Raleigh West
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Wexford Developers LLC
Address: Attn: Julian Raul
100 Weston Estates Way
Cary, NC 27513
Telephone No.: 919-481-3000
Size and location of property (water body, road name/number, town, etc.): The protect site is located just west of the
intersection of Wade Avenue and Edwards Mill Road, near Raleigh Wake County, North Carolina and is
identified as the 40/Wade Project. Impacts are proposed to wetlands and unnamed tributaries of Richland Creek
Description of projects area and activity: This permit verifies permanent impacts to 0.032-acre of headwater forested
wetlands and to 252 linear feet of perennial stream, and tentporarV impacts to 62 linear feet of perennial streams in
the construction of a residential subdivision. Mitigation, at a 2:1 ration, is required to offset permanent stream
impacts (see Permit Condition below).
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 39
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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the N WPs. We will issue a
public notice when the N WPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. 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 new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
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) 733-1786) 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 per mittee 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 Monte Matthews.
Permit Condition: In order to compensate for impacts to 252 linear feet of warm water perennial stream the permittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to
perform the restoration of 504 linear feet of warm water stream in the Neuse River Basin, Cataloging Unit 03020201.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and
provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it
agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department
of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4,
1998.
Page I of 2
-2-
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural Communities of North
Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands and Deepwater
Habitats of the of the United States"
Corps Regulatory Official: Monte Matthews
Date: permit verified through
statutory requirements on
7/27/2006
Expiration Date of Verification: 03/18/2007
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS Wilmington District District E I 111 o V
Action ID: 200220576 County:
. 20
N F E 8 21
NOTIFICATION OF JURISDICTIONAL DETI;RNIIN
?R - I
Property Authorized
Owner Colonial Properties Trust Agent Soil & Enviro ?Montai onsu an s, nc.
Attn: Charles McGehee Attn: Sean Clark
Address 2101 6`h Avenue North Address 11010 Raven Ridge Road -
Birmingham, AL 35203 Raleil;h, NC 27614
Telephone Number 205-250-8718 Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located on the west side of Edward Mills Road, just north of its intersection with Trinity Road, in Raleigh,
Wake County, North Carolina.
Basis for Determination: The site contains wetlands and stream channels with indicators of ordinary
high water marks, located adjacent to and including Richland Creek and its unnamed tributaries, above
headwaters, in the Neuse River Basin.
Indicate Which of the Following Apply:
There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
_ Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X -The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. 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 no waters of the U.S., to include wetlands, present on the above described property which are subject to
^the permit requirements of Section 404 of the Clean Water Act (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.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Project Manager Signature 11 co
Date February 26, 2002 Exp
Date February 26, 2007 _
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF T1IIS FORM.
Zooz
-_---n? ,r.NAiW.TnTAAArt ATnTCA?Ta-- nnnn r rn nrn .,.,, r _ ..- .--
'all
Applicant: Colonial Properties Trust File Number: 200220576 Date: 2-26-02
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROI~ FERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D _
P IMINARY JURISDICTIONAL DETERMINATION E
RE i
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 perrnit 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 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.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
ou wish, you may request an
regarding the preliminary JD. The Preliminary JD is not appealable. If,
approved JD (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.
V00 fn 07 1NIFINJO'TRAArr KJ0,TSAx.T nnoo 1113 ATR VWJ Tn•an nn
\0C, F WATE?QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
r" Colleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Kevin Martin
Soil & Environmental Consultants, PA
i 1010 Raven Ridge Road
Raleigh, NC 27614
October 6, 2005
U
GCi ? s 2?G:?
By: Soil & Emironlnenlal Consultants, PA
NBRRO 05-265
County: Wake
BASIN:
Neuse River X Tar-Pamlico _
(15A NCAC 213 .0233) (15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call .
Project Name: Trinity Road Property - Raleigh
1,ocation/Directions: Property is north of Trinity Road and bounded to the north by Wade Avenue, to the west by
Interstate Highway 40, and to the east by Edwards Mill Road. 4
Subiect Stream: UTs to Richland Creek
Date of Determination:10/4/05
Fearure Start Buffer
GPS Points (if provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located on
USGS
Topographic
A Subject at S&EC Flag "NBR
Ili 1111 X
B Not Subject (Not On Maps)
C Subject at S&EC Flag "Start
NBR" x
D Subject (Not Contested) X X
E Not Subject 16 X
F Not Subject X
G Subject at S&EC Flag "Start
NBR 03" X
_j Not Subject (Pond Isolated) X X
Raleigh Regional Office 1628 Mail Service Center DENS phone (919) 791-4200 Customer Service
water Oualily Section Raleigh, NC 27699-1028 facsimile (919) 571-4718 1-877-623-6748
9 0 0 fn
.0-) .T.V9xJn1gA Wrr nrn r c-au-r - T _ _ ---
OwAT ?RpG
r
Mr. Julian Raul
Wexford Developers, LLC
100 Weston Estates Way
Cary, NC 27513
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
' Division of Water Quality
August 7, 2006
DWQ Project # 06-0961
Wake County
Subject Property: 40/Wade
Ut to Richlands Creek [030402, 27-33-11, 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. Raul:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.032 acres of wetland, 314 linear feet perennial stream (252 linear feet
permanent impacts, 62 linear feet temporary impacts), 37,904 square feet (ft) of protected Zone 1 Neuse
River basin riparian buffer and 26,470 square feet (ft) of protected Zone 2 Neuse River basin riparian
buffer as described in your application dated June 12, 2006, and received by the Division of Water
Quality (DWQ) on June 12, 2006, with more information received from you on July 6, for the purpose of
constructing the residential subdivision, commercial development and accompanying utilities at the site.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3374 and 3402 (GC3374 and GC3402). The Certification(s) allows you to use
Nationwide Permit(s) NW 12 and NW39, respectively, when issued by the US Army Corps of Engineers
(USACE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. This Certification replaces the Certification
issued to you on May 16, 2006. 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
401 Oversight/Express Review Permitting Unit
tJl!'U
16SO Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-7334786 / FAX 919-733-6893 / Internet: httplAaao a r-state nc us/newetlands
40/Wade
Page 2 of 6
August 7, 2006
the following impacts are hereby approved as long as all of the o4r 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/Wetland 0.032 acres PCN page 4 of 9
Stream - perennial 314 linear feet stream (252 linear feet permanent impacts, 62 linear feet
temporary impacts) PCN page 4 of 9
Buffer-Zone 1 37,904 (square ft.) PCN page 8 of 9
11,iffer - Zone 2 26,470 (square ft. PCN a e8 of 9
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 to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
11,v i adaries 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 to ensure compliance with 15A
NCAC 2B.0233 and GC 3404;
40/Wade
Page 3 of 6
August 7, 2006
6. Culvert Installation
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 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.
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
disequilibrium 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.
7. Written Stormwater Management Plan (Final Plan Needed) Required For Each Phase
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) for each phase of the entire project shall be submitted to the 401
Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) and
the stormwater management plans shall be approved in writing by this Office before the impacts
for that particular phase may occur per Condition No. 4 in GC No. 3402. You have the option
of using the Express Review Program for expedited approval of these plans. If you propose to
use the Express Review Program, remember to include the appropriate fee with the plan. Site-
specific stormwater management shall be designed to remove 85% TSS according to the latest
version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally,
in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are
40/Wade
Page 4 of 6
August 7, 2006
classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high
quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that
extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips
(designed according to latest version of the NCDENR Stormwater Best Management Practices
Manual) be constructed as part of the stormwater management plan when a site-specific
stormwater management plan is required.
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be implemented
before any permanent building or other structure is occupied at the subject site.
The structural stormwater practices as approved by the Wetlands Unit 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.
8. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
Miti ation:
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at (919) 733-5205 if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 195 linear feet Neuse/03020201
Buffer Zone 1 55,284 (square feet Neuse/03020201
Buffer Zone 2 21,576 (square feet Neuse/03020201
10. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
40/Wade
Page 5 of 6
August 7, 2006
http://h2o.enr.state.nc.us/newetiands. The text of the sample deed notification may be modified
as appropriate to suit to this project; r
11. Sewer Systems
The project shall comply with 15A NCAC 2H.0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
12. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at hqp://h2o.enr.state.nc.us/su/Forms Documents. htm.;
13. 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 150B 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.
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.
40/Wade
Page 6 of 6
August 7, 2006
This letter completes the review of the Division of Water Quality under Sec'gon 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.
Sincerely,
(?41 "
Alan W. Klimek, P.E.
A WK/?m
Enclosures: NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
GC 3374, GC3402
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers and Ravenel Inc., 117 MacKenan Drive, Cary, NC 27511
Filename: 06096 t FortyWade(Wake)40 t_NBR
Beverly Eaves Perdue
Governor
North Catlin Dep~t of'.Envimment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
August 31, 2010
Ms. Patricia Hanchette
Lennar Carolinas, Inc.
1201 Edwards Mill Rd., Suite 301
Raleigh, NC 27607
Subject Property: 40/Wade - Lots 4 & 3 (Inside Wade Townhomes)
APPROVAL OF DIFFUSE FLOW PLAN
Dee Freeman
Secretary
DWQ # EXP 06-0%1v2
Wake County
On August 7, 2006, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification and
Neuse River Riparian Buffer Authorization for the subject project to place fill within or otherwise impact
0.032 acres of wetland, 314 linear feet of perennial stream, 37,904 square feet of protected Zone 1 Neuse
River basin riparian buffer and 26,470 square feet of protected Zone 2 Neuse River basin riparian buffer.
Condition 7 of the Certification and Authorization requires stormwater management plan (SMP) for each
phase of the entire project while Condition 8 requires all constructed stormwater conveyance outlets to be
directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers.
In an effort to meet the above-stated conditions for SMP and diffuse flow provisions, on August 30, 2010,
the 401 Oversight/ Express Review Permitting Unit of the DWQ received your SMP application dated
August 6, 2010 along with supporting design calculations, plan sheets and signed and notarized Riparian
Buffer-Level Spreader Operation and Maintenance (O & M) agreement for review and approval. The
DWQ has reviewed the application and supporting documents and approves the level spreader device to
meet the diffuse flow provision.
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 (or a lot
on the property) is sold, the new owner must be given a copy of this approval letter and is thereby
responsible for complying with all conditions. This approval requires you to follow the conditions
listed in the Water Quality Certification and Neuse River Riparian Buffer Authorization issued for
the project and the following additional conditions listed below.
Additional Conditions:
1. Stormwater Management Plan:
a. The proposed wet detention pond discharging to the level spreader-riparian buffer system shall
be designed to meet 90% TSS removal as described in your application. The wet pond shall be
approved by the DWQ or the City of Raleigh prior to any impacts in this phase of the project
occurring.
401 oversightlExpress Review Ponnit" Unit
1650 Mai Service Center, Raleigh, North Carolina 27699.1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phan: 919-733-1786 l FAX: 919.733-6893
Internet. htlpd/h2o.enr.slate.nc.ustr wwetlands!
Nom Carolina
7rau0i;
An Equal Oppoftn;y Affirmative Acbon Employer
4t1/1i11t> Leta 4 & 5 (Inside Wade Townbomes)
. Wake .
Pace 2 of.2
Aug" 3l; 2010.
b: If the wet detention pond design information submitted with your application is approved by the
City of Raleigh without any changes, then you are required to submit an approval letter from the
City along with a notarized operation and maintenance agreement for the wet detention pond.
c. If there are any changes required by the City of Raleigh in the design information for the wet
detention pond, you must submit the City's approval letter along with the complete stormwater
management information including the design calculations, plan sheets as well as the operation
and maintenance agreement for the proposed wet detention pond.
2. Diffuse Flow Plan:
All stonmwater 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 Neuse
River basin Buffer Rule 1 SA NCAC 2B .0233(5).
In an effort to comply with the diffuse flow provisions of the Buffer Rule you have provided the
DWQ with SMP (sheet #s PD-1 to PD-5 with revision date August 24, 2010) having a 23-11 concrete
level spreader device that receives flow from a wet detention pond. The proposed level spreader then
disperses the concentrated flow through the downstream riparian buffer. The DWQ believes that, if
implemented as per the August 24, 2010 plans, the diffuse flow requirement will be achieved. At no
time shall stormwater from other areas of the proposed development be piped directly through the
buffer without prior DWQ written authorization.
3. Operation and Maintenance of BMPs:
Maintenance activities for the proposed BMPs shall be carried out in accordance with the Level
Spreader Riparian Buffer O&M agreement signed by Ms. Patricia Hanchette on August 3, 2010, as
well as the Wet Detention Pond O & M agreement (to be submitted when approved). These O & M
agreements must transfer with the sale of the land or transfer of responsibility for the BMP facilities.
DWQ must be notified promptly of every transfer.
Thank you for your attention to this matter. If you have any questions or wish to discuss these matters
further please do not hesitate to call Joseph Gyamfi or Lia M. Gilleski at 919-733-1786.
Sinc ly,
Ian McMillan, Acting Supervisor
IJM/l8 401 Oversight/Express Review Program
cc: USACE Raleigh Field Office
File copy
DWQ Raleigh Regiona Office
City of Raleigh, Public Works - Stormwater Utility Division
Jeremy Finch, PE, The John R. McAdams Company, Inc. P.O. Box 14005 RTP, NC 27709
<Z P?'$<=3 = r Sage ?s- A.
?$
V N `? E <.,$Q s z v EM°@ ?fi= o: r$a?R?$4 E' b 6-oE4
W
8RI
T ?
8 a
b9L0 13Ntld SNIOF
??o W
U
E
8
8
F
w
i
0
i
Ln
W
LU
W
z
i
o w
ry
4 N
M
F
c?.Eo? QE a 3 =50, i$ 4 a
ss
? o3='aoa sZ???t?=FFr? u°?3 R°?=
5gg8a? EAn?o?.ae°3Fa z ?° € 5a, -1 J
B.Z
r? I # ??FY,i '??vi gE?fQ?.ST Z'?S cme?L? ?mCin?,?E ?$o YI
\ 31 va-? fi ?-6 $'3i ?i i???S EE
W1
a
I L
a
°0
0
g
All
o,
8
n
z
o H
o S
W Le zz s
,Qq vA *.` - z .2 N.E F «?R? LL'?-?T G,-J? € "' W OC ^d, `a
En,
LV _lfSE'Y, 8 j € c€ ?g? <<?-b4.?o o?-gg g ?o PF4 ??+.,S 4
V'dF°< 4 T e x z ?_ r:°a$'W y $ _5 ?t?2??%e .x o _ }600
F ? a; $ a v- tl ? s ?
W '3 c c°u 3E aa n ? Sg ? ci W 5 ? fr o ? ,? ?9 ? a - ? {? ?? R3.? ? ?. ?a. ?`G d ? 3-
Jo???.?i
?j EA
?G yc vF_ 9 'S W Ri o[Y = L x °? B 0 ® 0 B B O
NZ??a??,a?W
r $
r
i
t
a
v a .?
u
u ? o
p ti .? M
g S R
s?
k
-o
G
r?
x
„
z m.c Bu3 i"?'oF3?nm afiQ3"z8 8m,"Z
33?cEGLL ia?>"?'m 9?`m ?.a ?i oc ?°m ?,$e
n 3' t 3' ? c F F? q ?; >
u 4M
C^ _
fill
fill I
r?77 ? oc> L ? w > >E ??
Sfj 2;. 5.
k ^?`y op .cay mo ?Drv omau`o ?ao§ ?'o+rn EETo
i _
«Y°w9°,Q? S mgSLL.zm?°?m m2 #?_m $-?'c
a v
i
=na>>_LL? gmo?£L£?m` S°`ca3icn z°2A
eve n
r
g
#
eg?
g *e
?j3
'
o N ? v s a a ?
?
o . N ? w ?
is
t,
8 ?. R
1A
ln?
w
V)
Vl
W
Q
Z
p M