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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. 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