20050054 Ver 2_401 Application_20110407

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ItS&ME
April 5, 2011
S&ME Project # 1054-05-238D
To: N.C. Division of Water Quality
Wetlands, Buffers, Stormwater Compliance and Permitting Unit D r=2 6:4 ^? r=1
Riparian Buffers Program v
Attn: Amy Chapman; Buffer Coordinator
1650 Mail Service Center
Raleigh, NC 27699-1650 APR 0 7 20?,
From: Walter Cole
S&ME
3201 Spring Forest Road
Raleigh, NC 27616
Re: Twin Lakes - Buffer Authorization
Cary, Wake County, NC
MM-WATERQUAUTY
ftT AW NVD $TORMMIATER WAK H
On behalf of the owner, Sandler at Twin Lakes, LLC, please find attached a complete application
and supplemental information requesting a written buffer authorization from the N.C. Division of
Water Quality (DWQ) for the activities proposed below. Please contact me at [phone] if
you have any questions or require additional information.
PRn.IFrT 4I InnnnAPV
Project Name Twin Lakes
Project Type Buffer Authorization
Owner / Applicant Sandler at Twin Lakes, LLC
Count Wake
Nearest Town Ca
Waterbod Name UT of Crabtree Creek
Basin / Sub-basin 03-04-02
Index Number 27-33-(10)
Class C;NSW 303 d listed waters
IMPACT SUMMARY
Total Zone 1 Buffer Impact (square feet): 1 587
Total Zone 2 Buffer Impact (square feet): 1,590
Total Impact to Zone 1 & 2 of Buffer (square feet) 3,177
Attachments:
1: Pre-construction Notification (PCN) Application Form
2: S&ME Letter to NCDWQ dated March 15, 2011
3: NCDWQ Letter to KB Home dated March 30, 2010
4: Withers & Ravenel Letter to NCDWQ dated May 27, 2010
5: 401 Water Quality Certification Authorization Certificate Approval dated May 5, 2005 (DWQ EXP # 05-0054)
Figures:
1: USGS Map - Cary Quadrangle
2: USGS Map & Properties
3: Color Aerial Map
4: Map for Impact B1 - BMP # 1 Wet Pond Repair
5: Map for Impact B2 - BMP # 9 Streambank Stabilization
6: Map for Impact 133 - Greenway Trail
S&ME, INC. / 3201 Spring Forest Road / Raleigh, NC 27616 / p 919.872.2660 f 919.876.3958 / www.smeinc.com
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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:
? Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
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 ® Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ? 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 ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Twin Lakes Stormwater BMP and Greenway Trail
2b. County: Wake
2c. Nearest municipality / town: Cary
2d. Subdivision name: Twin Lakes
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Sandler at Twin Lakes, LLC
3b. Deed Book and Page No. DB 10998 PG 621
3c. Responsible Party (for LLC if
applicable): Sandler at Twin Lakes LLC
3d. Street address: 448 Viking Drive Suite 220
3e. City, state, zip: Virginia Beach, Virginia, 23452-7331
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: N/A
Page I of 12
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify:
4b. Name: Mr. Ryan Jackson
4c. Business name
(if applicable): KB Home - Carolinas Division
4d. Street address: 8161 Brier Creek Parkway
4e. City, state, zip: Raleigh, NC 27617
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Walter Cole
5b. Business name
(if applicable): S&ME
5c. Street address: 3201 Spring Forest Road
5d. City, state, zip: Raleigh, NC 27616
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): PIN # 0745-66-8983
1 b. Site coordinates (in decimal degrees): Latitude: 35.8285 Longitude: - 78.8418
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 230.8 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: UT to Crabtree Creek [27-33-(10) C, NSW] 303(d) listed
2b. Water Quality Classification of nearest receiving water: C, NSW
2c. River basin: Neuse
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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 site is located north of Morrisville Carpeter Road (SR 1304) and east of Davis Drive (SR 1613) and is currently
developed as a residential community.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 2.5 acres.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There is approximatey 2500 feet of perennial stream channel on the property.
3d. Explain the purpose of the proposed project:
1) after the fact buffer authorization for stream bank stabilization, (2) buffer authorization for stormwater BMP (wet
detention basin) repair including new level spreader and outlet stabilization, (3) buffer authorization to build a greenway
trail.
3e. Describe the overall project in detail, including the type of equipment to be used:
On October 21, 2010 and November 10, 2010 site meetings were conducted by S&ME on behalf of KB Homes with
Natalie Landry of NCDWQ for the purpose of evaluating the design, placement, and function of several stomwater control
devices (BMP's) planned for installation or repair at the Twin Lakes development in Cary, NC. A copy of the March 15,
2011 letter from S&ME to NCDWQ detailing these two site meetings is attached to this PCN for reference as Attachment
2. These BMP's had previously been discussed in correspondence from NCDWQ in a letter dated March 30, 2010 to KB
Home and a letter dated May 27, 2010 to NCDWQ from the project engineer; Withers and Ravenel. This correspondence
is also attached to this PCN for reference as Attachments 3 and 4. During the on-site October 21, 2010 meeting it was
observed that there had been rip-rap placed within Zone 1 of a buffered stream channel for the purpose of streambank
stabilization (Impact B2 at BMP# 9) without a permit and an "after the fact" buffer authorization would be required from
NCDWQ. Therefore, "after the fact" Impact B2 (Figure 4) is for stream bank stabilization (rip-rap) that was placed within
Zone 1 without a permit. The rip-rap is proposed to be left in placed therfore no heavy equipment will be used. Proposed
Impact B2 at BMP# 1 (Figure 5) is for the repair of a wet detention basin that developed an eroded ditch connecting to
an unnamed tributary of Crabtree Creek, and it was agreed upon that S&ME would apply for a buffer authorization on
behalf of KB Home from NCDWQ to place rip-rap in Zone 1 and Zone 2 of the buffer to stabilize the ditch. The designed
level spreader will be installed when the device is converted to a permanent BMP. In addition, a section of the ditch
outside of the buffer, would be filled with smaller stone to allow for Progress Energy vehicle ingress and egress through
the utility easement. A portion of the utility easement will be regraded in this area to promote diffuse flow from the level
spreader into the buffer, but away from the rip-rap lined ditch. Impact B3 (Figure 6) pertains to a proposed asphalt
greenway trail that because of topographic constraints and existing property boundary constraints, the greenway trail will
require a retaining wall in Zone 2 of the buffer and a small amount of impervious asphalt in Zone 2 of the buffer where the
greenway trail terminates. We are appying for the small portion of greenway trail that terminates at Zone 1 because KB
Home is only responsible for this section of the greenway, and the Town of Cary is responsible for connecting this
greenway section with another greenway trail that will require a crossing of the UT of Crabtree Creek. KB Home needs to
fulfill its financial and construction responsibilities pertaining to this greenway trail and others throughout Twin Lakes that
do not require permitting, because this project (Twin Lakes) is close to being complete. Only small equipment such as a
mini-excavator will be used during the construction of the proposed greenway trail and BMP repair, and construction will
only take place during a period of dry weather.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
®Yes ? No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&EC
Name (if known): Todd Preuninger Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE Jurisdictional Determination completed February 10, 2004 (AID# 200420379). NC-DWQ Buffer Confirmation
completed on September 24, 2003.
Page 4 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® 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 & associated 401 Water Quality Certifications were approved by the NCDWQ on May 5, 2005 (DWQ EXP #
05-0054) for permanent impacts totaling 0.257 acres of wetlands, 362 linear feet of stream channel (110 linear feet of
perennial channel) and 0.72 acres of riparian buffer (Zone 1: 0.46 acres & Zone 2: 0.26 acres). Approved temporary
impacts for the construction of utility lines included 90 linear feet of stream channel (58 linear feet of intermittent stream
channel, 32 linear feet of perennial stream channel) and 0.43 acres of riparian buffer ( Zone 1: 0.12 acres and Zone 2:
0.31 acres). A copy of the approval is included with this PCN as Attachment 5.
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
All phases of this project have either been completed , or are in the final phases of constuction.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ® 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 ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
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) )
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually 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
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number 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:
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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 any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® 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) impact Stream name mitigation (square feet) (square feet)
or Temporary required?
T
131 ®P ? T Fill /aRpip UT to Crabtree Creek ® Nos 181 91
B2 ®P ? T Fill / Rip-
Rap UT to Crabtree Creek ? Yes
® No 1,496 0

B3 ® P ? T Fill /
Impervious
UT to Crabtree Creek ? Yes
® No
0
1,499
Surface
6h. Total buffer impacts 1,587 1,590
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Because the original wetland and stream delineation was performed in 2003, the applicant requested an updated delineation
of the top of bank for the UT of Crabtree Creek shown in Impact 131 at BMP# 1, and Impact B2 at the greenway trail which was
performed by S&ME. The flags representing stream channel top of bank were surveyed and that information was used to
design the greenway trail and BMP repair to minimize impacts to the buffer to the most practical extent possible.The greenway
trail impacts are necessary due to topographic constraints, and property boundary constraints. The proposed greenway trail
was designed to avoid Zone 1 impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Small equipment such as a mini-excavator / bobcat will be used at both Impacts 131 and B2 for constuction, and construction
will only take place during a period of dry weather.
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 ® 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? ? 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
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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.
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 ® 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:
Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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 ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Impact B2 for the proposed greenway trail will be constucted to
maximize slopes, and the retaining wall will allow the greenway to be constucted ? Yes ® No
nearly level and there should not be any appreciable run-off. Impact 61 for BMP# 1
is for a repair which will create diffuse flow.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 28.82%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed impacts will not require a
stormwater management plan, however the Twin Lakes residential development, which has an overall imperviousness of
28.82 %, has a previously approved stormwater management plan.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
? 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? Town of Cary
® Phase II
3b. Which of the following locally-implemented stormwater management programs ® NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs appl
y El HQW
El ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
Page 10 of 12
PCN Form -Version 1.3 December 10, 2008 Version
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. 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
letter.) ? Yes ? No
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): During an on-site
October 21, 2010 meeting with Natalie Landry of the NCDWQ and Walter Cole and Michelle Logut with S&ME, it was
observed that there had been rip-rap placed within Zone 1 of a buffered stream channel (UT to Crabtree Creek) for the
purpose of streambank stabilization (Impact B2 at BMP# 9) without a permit and an "after the fact" buffer authorization would
be required from NCDWQ. Therefore, "after the fact' Impact B2 (Figure 4) is for stream bank stabilization (rip-rap) that was
placed within Zone 1 without a permit. The rip-rap is proposed to be left in placed therfore no heavy equipment will be used.
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.
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.
Although there is no wastewater that will be generated as a result of the proposed impacts, the wastewater for this
residential development is treated and disposed of through the Town of Cary Wastewater Treatment Plant and then
discharged.
Page 11 of 12
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. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The USFWS website: http://www.fws.gov/raleigh, Natural Heritage Program's on-line database, GIS data of Elemental
Occurances for the project area downloaded from the North Carolina Center for Geographic Information and Analysis
website, NC OneMap. Michaux's Sumac is the only species of concern, and no occurances of this species was found
during our field activities.
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 USFWS website: http://www.fws.gov/raleigh, Natural Heritage Program's on-line database, GIS data of Elemental
Occurances for the project area downloaded from the North Carolina Center for Geographic Information and Analysis website,
NC OneMap.
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?
The proposed impacts are within already built upon and constructed areas that were previously approved, and therefore
no further scoping is necessary.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? _7 0 Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? North Carolina Flood Insurance Rate Map Panel 0745.
Walter Cole
Applicant/Agent's Printed Name Applicant/Agent's Signature - Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.
Page 12 of 12
PCN Form - Version 1.3 December 10, 2008 Version
ATTACHMENT 2
S&ME
March 15, 2011
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Surface Water Protection Section
3800 Barrett Drive
Raleigh, NC 27609
Attention: Natalie Landry via email: natalie.landry(a'ncmail.net
Environmental Specialist
Reference: October/November 2010 Twin Lakes Site Meetings Summary
Twin Lakes Development
Cary, North Carolina
S&ME Project No. 1054-05-238D
Dear Ms. Landry:
On October 21, 2010, Ms. Michelle Logut with S&ME, Inc. (S&ME) and Mr. Walter Cole
with S&ME, met with you at the Twin Lakes development. A second site meeting was held
at the Twin Lakes development on November 10, 2010, with Ms. Logut, Mr. Cole, and Mr.
Tim Nau with The Nau Company, PLLC, and yourself. Ms. Logut requested both meetings,
on behalf of KB Home, to observe the design, placement, and function of several stormwater
control devices (hereafter referred to as BMPs) planned for installation or repair at the Twin
Lakes development in Cary, North Carolina. These BMPs have previously been discussed in
correspondence from the Division of Water Quality (DWQ) in a letter dated March 30, 2010
to Mr. Ryan Jackson with KB Home and a letter dated August 5, 2010 to Mr. Jim Canfield
with Withers & Ravenel, Inc. During the October 21, 2010 site visit and November 10, 2010
site visit, the following items were discussed.
BMP #1- Temporary Skimmer Basin (Wet Detention Basin)
The eroded ditch at the basin outlet will not be filled, instead the ditch will be stabilized with
rip rap through the buffer. S&ME will apply for a Buffer Authorization from DWQ on
behalf of KB Home to place rip rap in zone 1 and zone 2 of the buffer in order to stabilize the
ditch. A section of the ditch, outside the buffer, will be filled with rip rap and possible
smaller stone to allow access for Progress Energy vehicles through the easement. The
designed level spreader will be installed when the device is converted to a permanent BMP.
A portion of the easement will be re-graded in this area to promote diffuse flow from the
level spreader into the buffer, but away from the rip rap-lined ditch.
BMP #4 - Extended Detention Wetland
The rip rap dissipater length at the outlet of BMP #4 is 21 linear feet. The length of the
dissipater shown on the approved plan (Twin Lakes Parcel "B" Stormwater Management
October/November 2010 Site Meeting Summary S&ME Project No. 1054-05-238D
Twin Lakes, Cary, North Carolina March 15, 2011
Plan, Sheet No. 6 dated June 9, 2006, revised October 4, 2006, and approved October 6,
2006) is 24 linear feet. Therefore, the rip rap dissipater will be extended to the stream feature
with approximately 20 square feet of rip rap as part of the old buffer authorization. Channels
in the buffer will be filled and vegetated to ensure diffuse flow. DWQ will not require a new
buffer authorization for this work.
BMP #5 - Extended Detention Wetland
The dissipater will not be extended to the stream feature. Instead, channels outside the buffer
will be filled and vegetated to ensure diffuse flow and the dissipater will be extended to the
outer edge of zone 2 of the buffer. For this approach, no land disturbance will need to be
performed within zone I or zone 2 of the riparian buffer at BMP #5 and no Buffer
Authorization will be required by DWQ.
Stream Impact (Sheet #4)
The rip rap will be removed from the riparian buffer and the buffer will be replanted with
vegetation. DWQ will not require a Buffer Authorization for this restoration work
Wetland Impact and Stream Impact (Sheet #6)
S&ME will apply for a Buffer Authorization Request for Streambank Stabilization from
DWQ on behalf of KB Home for the rip rap dissipater, previously extended to the stream
feature, and the rip rap placed along both sides of the streambanks to remain in-place.
Please contact us at [phone] if you require additional information or have any
questions.
Sincerely,
S&ME, Inc.
Michelle L. L06t,` _ C Samuel P. Watts, P.G.
Project Manager Senior Consultant
Cc: Mr. Ryan Jackson (KB Home)
Mr. George Weller (KB Home)
Mr. Tim Nau (The Nau Company, PLLC)
Mr. Kirk Stafford (Town of Cary Engineering Department)
ATTACHMENT 3
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 30, 2010
Ryan Jackson
Division Stormwater Compliance Representative
KB Home
8161 Brier Creek Parkway
Raleigh, NC 27617
Subject: Twin Lakes
Wake County
Dear Mr. Jackson:
On February 23 and 26, 2010, Natalie Landry from the RRO conducted a site inspection for the tract/project
known as Twin Lakes located on Morrisville Carpenter Road, in Wake County, North Carolina. The stream on
the site is an unnamed tributary (UT) to Crabtree Creek, Class C, Nutrient Sensitive Waters (NSW), 303(d)-listed
waters, in the Neuse River Basin.
A file review showed that Mr. Todd Preuninger of Soil & Environmental Consultants, PA submitted a Pre-
Construction Notification (PCN) on or about April 7, 2005 on behalf of the property owner, Sandler at Twin
Lakes, LLC with additional information submitted and received by DWQ on April 15, 2005, April 22, 2005, April
28, 2005 and May 5, 2005. DWQ issued a 401 Water Quality Certification and Buffer Authorization Certificate
for the impacts on or about May 5, 2005 (DWQ EXP #05-0054). The approved impacts include the placement of
fill or otherwise impact 0.26 acres of wetlands, 362 linear feet of streams and 0.72 acres of riparian buffer to
construct the proposed Twin Lakes project.
The DWQ inspection checked for compliance with the 401 Water Quality Certification and Buffer Authorization
Certificate per the Neuse River Buffer Protection Rules with Additional Conditions-Express Review Program
(DWQ EXP #05-0054). The following narrative describes the DWQ observations and noncompliance issues
identified during the inspection.
BMP #1 Temporary Skimmer Basin (Wet Detention Basin):
The dissipater pad length at the basin outlet measured approximately 35 linear feet. Concentrated flow, as shown
by an eroded ditch, was observed below the dissipater pad and in the buffer.
Recommendations: Address concentrated flow in the buffer by (1) installing the level spreader and applying for a
Buffer Authorization to extend the by-pass dissipater to the stream feature or (2) install the level spreader and fill
and stabilize the ditch.
BMP #2 (Dry Pond and Level Spreader):
The groundcover vegetation is sparse. A shed is possibly located in the storm drainage easement. Fabric remains
on the weir. The level spreader was not observed. There is a 10 linear foot dissipater pad at the pond outlet pipe
and a new channel (non-diffuse flow) has formed to the wetland/stream complex.
Recommendations: Improve groundcover. Determine if the shed is in the easement and remove it if it o'stedd
in the easement. Remove fabric from the weir and stabilize the soil. Install the level spreader and re VO(Kally
roiina
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Twin Lakes
March 30, 2010
Page 2
channel to ensure diffuse flow in the buffer. May need to remove a section of the outlet pipe to fit the level
spreader in the appropriate place.
BMP #3 (Wet Detention Basin and Level Spreader):
Forebay dam is in disrepair. The As-built shows the surface area of the basin as 8,000 sq. ft. which is smaller
than the approved design of 8,712 sq. ft. The level spreader measured approximately 15 linear feet which is about
5 feet greater than the required length. There is a pipe under the lip of the level spreader, resulting in concentrated
(non-diffuse) flow in the Buffer. Rocks were observed in level spreader. The Wet Detention Basin Operation and
Maintenance Agreement requires several maintenance activities. Some of those activities include: (1) all
components of the wet detention basin system shall be maintained in good working order, and (2) level spreaders
or other structures that provide diffuse flow shall be maintained every six months. All accumulated sediment and
debris shall be removed from the structure, and a level elevation shall be maintained across the entire flow
spreading structure. Any down gradient erosion must be repaired and/or replanted as necessary.
Recommendations: Remove the pipe from the level spreader and reinstall the level spreader and perform
maintenance. Repair the forebay dam or redesign the forebay structure to withstand flows.
BMP #4 (Extended Detention Wetland):
The groundcover vegetation is sparse on the slopes. Swales from residences' yards are resulting in rills in the
basin slopes. The wetland plant list shown on the As-built and the % coverage of high and low marsh on the As-
built do not reflect observations in the field. Only one wetland plant species was observed in the pond (5 listed in
the approved plans) and the As-built states 10,600 sq. ft. of surface area or 70% is high/low marsh (field
observation is <50%). The discharge from the pond outlet flows over the ---30 linear foot riprap dissipater pad and
forms channels in the buffer (non-diffuse flow). Orifice outlet should be 2" diameter (diameter size not shown on
the As-built).
Recommendations: Determine the size of the orifice diameter and adjust if necessary. Re-grade pond contours to
accommodate planting plan and replant wetland species. Consider applying for a buffer authorization to extend
the dissipater to the stream feature. Fill channels to ensure diffuse flow in the buffer. Address rills on basin slope.
Improve groundcover.
BMP #5 (Extended Detention Wetland):
The groundcover vegetation is sparse on the slopes. Permanent pool surface area is shown as 13,415 sq. ft. on the
As-builts (approved surface area is 15,710 sq.ft.). The wetland plant list shown on the As-built and the %
coverage of high and low marsh on the As-built do not reflect observations in the field. Only one wetland plant
species was observed in the pond (5 listed in approved plans) and the As-built states 11,000 sq. ft. of surface
area or 70% is high/low marsh (field observation is <50%). Orifice outlet should be 2" diameter (diameter size
not shown on the As-built). The discharge from the pond outlet flows over the -25 linear foot riprap dissipater
pad and forms channels in the buffer (non-diffuse flow). The As-built condition of the wetland (and verified from
field observations) shows some of the re-graded slopes on the interior of the wetland are steeper than 3:1 (DWQ
guidelines require maximum of 3:1).
Recommendations: Determine the size of the orifice diameter and adjust if necessary. Re-grade pond contours to
accommodate planting plan and replant wetland species. Pond is undersized and should be redesigned to adjust
for smaller surface area. Consider applying for a buffer authorization to extend the dissipater to the stream feature.
Fill channels to ensure diffuse flow in the buffer. Improve groundcover.
BMP #6 (Wet Detention Basin and Level Spreader):
The groundcover vegetation is sparse on slopes. Forebay dam is in disrepair. As-built shows orifice as 2" but
approved plans show 1" diameter draw down orifice. Level spreader measured approximately 15 linear feet.
There is a pipe under the lip of the level spreader, resulting in concentrated flow in the Buffer. Rocks were
observed in the level spreader and filter strip. The Wet Detention Basin Operation and Maintenance Agreement
requires several maintenance activities. Some of those activities include: (1) repair eroded areas immediately, (2)
Twin Lakes
March 30, 2010
Page 3
re-seed as necessary to maintain good vegetative cover, (3) all components of the wet detention basin system shall
be maintained in good working order, and (4) level spreaders or other structures that provide diffuse flow shall be
maintained every six months. All accumulated sediment and debris shall be removed from the structure, and a
level elevation shall be maintained across the entire flow spreading structure. Any down gradient erosion must be
repaired and/or replanted as necessary.
Recommendations: Improve groundcover. Repair the forebay dam or redesign the forebay structure to withstand
flows. Reduce drawdown orifice diameter or adjust accordingly to account for larger diameter. Remove pipe
from under level spreader lip and reconstruct level spreader. Perform maintenance activities on level spreader and
filter strip.
BMP #7 Temporary Skimmer Basin (Wet Detention Basin and level spreader):
Not inspected.
BMP #10 (Extended Detention Wetland):
The groundcover vegetation is sparse on the slopes. The permanent pool surface area is shown as 3,908 sq. ft. on
the As-builts (approved surface area is 5,230 sq.ft.). The dissipater pad at the pond outlet measured approximately
8 linear feet in length (approved dimension is 15 linear feet). BMP does not have various elevations for wetland
vegetation (high and low marsh, micro pool). Orifice outlet should be 1" diameter (diameter size not shown on
As-built).
Recommendations: The pond is undersized and should be redesigned to adjust for smaller surface area.
Determine the orifice outlet diameter and adjust if necessary. Convert from the existing wet pond to the extended
detention wetland pond, as designed and approved by DWQ (or show that the modification was approved). Plant
wetland vegetation in accordance with the planting plan. Improve groundcover on slopes. Extended dissipater
pad and continue riprap around FES to control erosion.
Wetland Impact Sheet #2 (Culvert/Fill):
Some earthen fill was observed in the wetland below the fill slopes of the road (beyond the authorized fill area).
Recommendation: Do not disturb wetland further.
Wetland Impact Sheet #3 (Culvert/Fill)
Not inspected (complete fill of wetland).
Wetland Impact Sheet #8 (Culvert/Fill):
This is the wetland and buffer impact at the intersection of Town Hall Drive and Singer Way. The dissipater pad
is missing on the upstream up end of the wetland crossing. Concentrated (non-diffuse) flow is observed in the
Buffer (both Zone 1 and 2) as shown by eroded ditches. Vegetation is sparse above the headwall (downstream
side of crossing).
Recommendations: Install dissipater pad. Improve vegetative cover above headwall. Consider increasing the
sizes of the dissipater pads to diffuse flow before discharge enters the buffer. Fill eroded ditches and replant in
the buffer.
Steam Impact Sheet #4 (Culvert, sediment basin, level spreader):
Approximately 800 sq. ft. of riprap stone is placed in the buffer on the northeast side of the stream. The basin is
full of sediment. The level spreader is overrun with cattails. Water is short-circuiting through the level spreader
instead of spreading across the entire length.
Recommendations: Remove the stone from the buffer, replant the buffer with vegetation and establish diffuse
flow into the buffer. Perform maintenance on the basin and the level spreader.
Steam Impact Sheet #5 (Temporary):
Impact was temporary.
Recommendations: None.
Twin Lakes
March 30, 2010
Page 4
Steam Impact Sheet #6 (Culvert) and Wetland Impact Sheet #6 (Fill):
Approximately 400 sq. ft. of riprap stone is placed in the buffer on the east side of the stream.
Recommendations: Remove the stone from the buffer, replant the buffer with vegetation and establish diffuse
flow into the buffer.
Steam Impact Sheet #7 (Temporary):
Approximately 27 linear feet of riprap remain in the stream channel.
Recommendation: If riprap is not needed for stream stabilization, remove from the stream channel. Remove silt
fence on upland, if no longer needed for E&SC.
Steam Impact Sheet #9 (Temporary)
Riprap observed in the stream channel but appears to be serving as a dissipater for an FES for the new greenway
culvert.
Recommendation: Leave riprap in place.
You are requested to respond to this letter in wriiing to DWQ at the address provided below within 60 days of
receipt.
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to these matters. Should you have any questions, please feel free to contact me at
[phone] or [e-mail].
Sincerely,
Nat=Landry?
Envi
ronmental Specialist
Surface Water Protection Section
Attachments
cc: Raleigh RO - Water Quality
Michelle L. Logut, S&ME, Inc., 3201 Spring Forest Road, Raleigh NC 27616
Kirk Strafford, Town of Cary, PO Box 8005, Cary, NC 27512-8005
ATTACHMENT 4 WITH ER8 RAV EN EL.
ENGINEERS PLANNERS SURVEYORS
May 27, 2010
Ms. Natalie Landry
Environmental Scientist
Surface Water Protection Section
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
RE: Twin Lakes
March 30, 2010 DWQ Site Inspection Summary
W&R Project # 02080889
Dear Ms. Landry:
We are completing this response to your March 30, 2010 letter to Ryan Jackson with KB Home on their
behalf. We have completed site visits and discussed the comments with KB Homes. We also have provided
the photos for each BMP as an attachment to this letter to assist with your review. Our responses to your
letter are as follows:
BMP #1 - Temporary Skimmer Basin (Wet Detention Basin)
The dissipater pad will be repaired to original design condition and downstream erosion will be stabilized.
The designed level spreader will be installed when device is converted to permanent BMP. It is functioning as
an erosion control device until the Town of Cary allows it to be converted.
BMP #2 (Dry Pond and Level Spreader)
Area around BMP will be re-seeded per original seeding specification. Shed has been moved and is not in
easement. Fabric will be removed and permanent stabilization technique will be installed on weir using
pyramat or similar technique. Level spreader will be reestablished as designed. New trees within dam will
also be removed.
BMP #3 (Wet Detention Basin and Level Spreader)
Forebay berm shall be regraded and vegetated. The as-built surface area of 8,000 sf exceeds the minimum
required per the NC BMP manual (4698 sf). BMP design was in excess of minimum required by design
standards. The level spreader pipe was installed per Town of Cary recommendation to prevent standing water
from remaining behind the level spreader lip which leads to different issues. It is intended as a dewatering
device. We will remove if necessary with Town of Cary concurrence. The maintenance will be performed on
the level spreader as required and the cattails removed.
BMP #4 (Extended Detention Wetland)
Bare areas on slopes will be revegetated. Drawdown orifice was verified as a 2.25" diameter orifice, no
adjustment required. The entire wetland was planted in fall 2009 and has not yet had one growing season.
Additionally the inspection was performed during the winter when vegetation may be dormant. The pictures
in the Appendix show that the plants are viable. Vegetation growth will be monitored during a full 12 month
growing period. Plants will be added or replanted if vegetation coverage is not acceptable after additional 12
months. Wetland planting shelves may have settled after inundation, so elevations will be monitored and
additional topsoil will be added as required to maintain appropriate planting depths.
u1 MacKenan Drive Cary, NC 275111 tel.: [phone] fax: [phone]oo8 { www.withersravenel.com
1410 Commonwealth Drive I Suite 1oi Wilmington, NC 28403 tel: [phone] fax: [phone]
06 D Gallimore Dairy Road 1 Greensboro, NC 27409 1 tel: [phone] fax: [phone]oo8
BMP #5 (Extended Detention Wetland)
Slopes will be re-planted/re-seeded to ensure proper groundcover. Permanent pool surface area (13,415 so
exceeds minimum required (9,749 so. BMP design was in excess of minimum required by design standards.
The entire wetland was planted in July 2009 and has not yet had one growing season. Additionally the
inspection was performed during the winter when vegetation may be dormant. Vegetation growth will be
monitored during a full 12 month growing period. Plants will be added or replanted if vegetation coverage is
not acceptable after additional 12 months. Wetland planting shelves may have settled after inundation,
elevations will be monitored and additional topsoil will be added as required to maintain appropriate
planting depths. Drawdown orifice verified in field as 4" orifice, cap will be added to reduce diameter to 2"
as designed. The slopes steeper than 3:1 have been mechanically stabilized. The channels in the buffer will
be filled and graded to promote diffuse flow.
BMP #6 (Wet Detention Basin and Level Spreader)
Slopes will be re-planted/re-seeded to ensure proper groundcover. Pond will be de-watered to examine
condition of the forebay and repairs will be made as needed. Level spreader area will be maintained and
repaired as needed; debris will be removed and disposed of. The level spreader pipe was installed per Town
of Cary recommendation to prevent standing water from remaining behind the level spreader lip. It is
intended for dewatering, but we will remove it if necessary with Town of Cary concurrence. BMP
Maintenance agreement will be used as guidance for addressing all deficient areas including new growth on
back of dam.
Orifice was verified as 2'/a" reducer on the elbow. We have modeled this and determined that it needs to be
reduced to 1'/z" diameter to result in a drawdown of 60 hours. This revision will be made.
BMP #10 (Wet Pond)
This BMP was approved as a wet pond, not an extended detention wetland. Slopes will be re-planted/re-
seeded to ensure proper groundcover. Permanent pool surface area (3,908 so exceeds minimum required
(3,333 so. BMP design was in excess of minimum required by design standards. Dissipater pad will be rebuilt
to original design requirement. This BMP has not been fully converted to a wet pond because construction
and land disturbance in the upstream drainage area is not substantially complete. Orifice has been verified as
2'/4". This has been modeled, and we determined that it needs to be revised to a 1-'/z" orifice to achieve a
drawdown time of 71 hours. This change will be made.
Wetland Impact Sheet #2 (Culvert/Fill)
Wetland will not be disturbed as construction is completed and area stabilized.
Wetland Impact Sheet #8 (Culvert/Fill)
The upstream dissipater pad will be installed as requested. Eroded ditches will be repaired and replanted to
promote diffuse flow. Diffuse flow will be achieved and dissipater pad extended if needed.
Wetland Impact (Sheet #4)
The stone will be removed from the buffer and reseeded. The sediment basis will be removed with Town of
Cary erosion control concurrence, since upstream area is stabilized. If removal is not allowed, it will be
maintained as needed. Level spreader will be repaired and maintained to ensure diffuse flow is achieved
through the buffer.
Wetland Impact (Sheet #6)
Riprap stone will be removed from the buffer on the east side of the stream. The buffer will be reseeded and
repaired as needed to promote diffuse flow into the buffer.
WITHERS t'?S RAVENEL Page 2 of 3
ENG:MF6PS AI At?ME P4 SLL1-01S
Wetland Impact (Sheet #7)
We believe riprap will better prevent erosion within the stream channel, but we will remove it as directed.
Wetland Impact (Sheet #9)
We concur with your assessment concerning the dissipater pad for an FES associated with the new greenway
and will leave it in place as recommended.
We trust that these responses and plan of action will be acceptable. The developer will have a contractor
complete this work as soon as you direct us to proceed. Please advise if a final inspection will be needed or if
you would prefer for us to provide pictures for your files after the repair and maintenance activities are
completed.
Please advise if you require additional information or have any questions.
Sincerely,
WITHERS G-RAVENEL, INC.
? (4 W-
Jim Canfield, P.E.
c: Britt Spivey, KB Home
Ryan Jackson, KB Home
WITHERS ??,- RAVENEL Page 3 of 3
F.NGINFE 0.S at ANNf RS ? SvA YF VpRS
ATTACHMENT 5
... o? w A
rF9°r,
o
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D 'C
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
May 5, 2005
DWQ EXP # 05-0054
Wake County
Sandler at Twin Lakes, LLC
Attn: Randy Smith
3209 Gresham Lake Road, Suite 160
Raleigh, NC 27615
Subject Property: Twin Lakes
UT to Crabtree Creek [27-33-(10), C NSW] 303(d)-listed waters
Approval of 401 Water Quality Certification Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions-Express Review
Program
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.26 acres of wetlands, 362 linear feet of streams, and 0.72
acres of riparian buffer to construct the proposed Twin Lakes project, as described within your
application dated April 7, 2005, 2005 and received by the N.C. Division of Water Quality
(DWQ) on April 7, 2005 and all additional information submitted and received by the DWQ on
April 15, 2005, April 22, 2005, April 28, 2005, and May 5, 2005. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number 3402 (GC3402). The Certification allows you to use Nationwide Permit 39 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.
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.
401 oversight / Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] Internet htto://h2o, enr.state.nc. us/ncwetlands
One
NprinCarolina
Anliirnlly
An Equal Opportunity/AlfumatNe Action Employer- 50% Recycledr10% Post Consumer Paper
Twin Lakes
Page 2 of 4
May 5, 2005
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
I
Stream 362 feet Sheets 4, 5, 6, 7, and 9
404/CAMA Wetlands 0.26 acres Sheets 2, 3, 6 and 8
Neuse Buffers 0.72 (acres Sheets 4, 5, 6, 7, 8, and 9
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface, waters standards:
a. The erosion and sediment control measures for`the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be, such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the wetland or water prior to any land disturbing activities to ensure
compliance with GC 3402.
4. Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized
Operation and Maintenance Agreement) dated May 5, 2005, must be implemented and
Twin Lakes
Page 3 of4
May 5, 2005
the stormwater management facilities shall be constructed and operational before any
permanent building is occupied at the subject site. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization
from the Division of Water Quality.
5. Construction Stormwater Permit NCG010000
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 (NCGO 10000) 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
http://hZo.enr.state.nc.us/su/Forms Documents lum.
6. 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.
7. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
8. No Impacts to Zone I
No impacts shall occur to Zone I of the protected riparian buffers (except for uses and
activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise
approved by DWQ.
9. Water Quality Certification(s)
The proposed project must comply with all the conditions of general Water Quality
Certification (GC) 3402.
Twin Lakes
Page 4 of 4
May 5, 2005
10. 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/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699.1650.
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in
writing at the letterhead address within 10 days of the commencement of construction.
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. 27699-6,714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or
Cynthia F. Van Der Wiele at 919-715-3473 in the Central Office in Raleigh.
AWK/cvdiv
Enclosures: GC 3402
Certificate of Completion
Sincerely,
?PE.
Alan W. Klimek, cc: Todd Preuninger-S&EC, 11010 Raven Ridge Rd., Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
Adam Ashbaugh, Withers & Ravenel, I 1 I MacKenan Drive, Cary, NC 27511
File Copy
Central Files
Filename: 050054TwinLakes (Wake)EXP+401 NBR
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