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HomeMy WebLinkAbout20051985 Ver 2_401 Application_201202031111111 37487 FROM S & EC FAST LANE PICKUP DATE '�0la.- PICKUP TIME DRIVER # OF PIECES 021 WEIGHT 2— SAME DAY BILL TO SHIP RECEIVER 3RD PARTY NEXT DAY CAR VAN ROUND TRIP CHARGES 11010 RAVEN RIDGE ROAD RALEIGH NC 27614 8465900 TO lerren A jl 1m S DWQ 512 N SALISBURY STREET RALEIGH NC 27604 828 -0303 PROJECTN-r-!i nqg -Pe RJA- A4k-fnl I NJ L*(,* PI Zu T L SIGNATUR PRINT U�'��S DATE 3 / d' TIME �(o 05-Ig85 U2- Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone (919) 846 -5900 Fax (919) 846 -9467 www SandEC com February 3 2012 S &EC Project # 7416 P1 To N C Division of Water Quality WebSCaPe Unit Attn Karen Higgins 512 N Salisbury Street 9a' floor Raleigh NC 27603 From Nicole Thomson Soil & Environmental Consultants P A 11010 Raven Ridge Road Raleigh NC 27614 Re Neuse River Buffer Authorization Seagrove s Farm Apex Wake County NC On behalf of the Owner Standard Pacific of the Carolinas LLC (Attn Mr Grey Methven) please find attached a complete application and supplemental information requesting Neuse River Riparian Buffer Authorization from the N C Division of Water Quality (DWQ) Please contact me at (919) 846 5900 if you have any questions or require additional information PROIFCT gIJMMARY Project Name Seagrove s Farm Project Type Residential development Owner / Applicant Mr Grey Methven County Wake Nearest Town Apex Waterbody Name UT to Williams Creek Basin / Sub basin 03 04 02 Index Number 27432 Class WS III NSW USGS Cataloging Unit 03020201 IMPACT Si IMMARY Stream Impact (acres) 0 Wetland Impact (acres) 0 Open Water Impact (acres) 0 Total Impact to Waters of the U S (acres) 0 Total Stream Impact (linear feet) 0 Total Neuse River Riparian Buffer Impact (square feet) 2 591 sq ft Zone 1 & 1 351 sq ft Zone 2 Attachments Pre construction Notification (PCN) Application Form Agent Authorization Form USGS Topographic Site Vicinity Map NRCS Soil Survey Site Vicinity Map USACE JD — AID 200420787 DWQ Buffer Determination — NBRRO 03 034 404 Approval (AIDS 200620127 200620128 & 200620129) 401 Approval (DWQ Project No 05 1985) Impact Maps (11X17) �Rk�� 0y D FEB - 3 2012 WE7Z*106 ND STOR,hWAE BRANCH O�o� W AtFAOG y r O -c Office Use Only Corps action ID no DWQ project no Form Version 13 Dec 10 2008 Page 1 of 12 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing la Type(s) of approval sought from the Corps El Section 404 Permit E] Section 10 Permit lb 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 El Ye s ®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 Seagrove s Farm 2b County Wake 2c Nearest municipality / town Apex 2d Subdivision name Seagrove s Farm 2e NCDOT only T I P or state project no N/A 3 Owner Information 3a Name(s) on Recorded Deed Standard Pacific of the Carolinas LLC r 3b Deed Book and Page No 13810/0866 3c Responsible Party (for LLC if applicable) Mr Grey Methven PER y 3 3d Street address 1600 Perimeter Park Drive Ste 125 fV�t(gN�FNR WgTF4 „ ` 3e City state zip Morrisville NC 27560 �'a'gTER6RA 3f Telephone no 919 465 5930 3g Fax no N/A 3h Email address N/A Page 1 of 12 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other specify Applicant is Owner as listed on the Agent Authorization please copy agent (S &EC) on all correspondence 4b Name Mr Grey Methven 4c Business name (if applicable) Standard Pacific of the Carolinas LLC 4d Street address 1600 Perimeter Park Drive Ste 125 4e City state zip Morrisville NC 27560 4f Telephone no 919 -465 5930 4g Fax no N/A 4h Email address N/A 5 Agent/Consultant Information (if applicable) 5a Name Nicole J Thomson 5b Business name (if applicable) Soil & Environmental Consultants PA 5c Street address 11010 Raven Ridge Road 5d City state zip Raleigh NC 27614 5e Telephone no (919) 846 5900 5f Fax no (919) 846 9467 5g Email address NThomson @sandec com Page 2 of 12 B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) 0752017241 0752106348 & 0752103007 1b Site coordinates (in decimal degrees) Latitude 35 7291 Longitude 788270 (DD DDDDDD) ( DD DDDDDD) 1c Property size +/ 10 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to UT to Williams Creek proposed project 2b Water Quality Classification of nearest receiving water WS III NSW 27-43 2 03 -04 02 2c River basin Neuse River Basin (USGS Cataloging Unit 03020201) 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 This site is currently an existing residential subdivision The surrounding land use is comprised of existing residential developments 3b List the total estimated acreage of all existing wetlands on the property 05 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Approximately 1 000 LF 3d Explain the purpose of the proposed project The residential development and the unavoidable impacts needed to construct the subdivision was previously approved by the USACE and NC DWQ in 2005 The proposed project is required to meet Town of Apex Stormwater Management requirements and three (3) extended detention wetlands were constructed to meet the stormwater management criteria imposed upon the development The Town of Apex further required that level spreaders be used at the outlet of the stormwater wetlands as they would not approve bypass channels through the Town Buffers The Town of Apex and the Home Owners Association for Seagrove s Farm has determined that the level spreaders are fading and thus have decided to allow the bypass channels from the stormwater wetlands to be constructed through the Apex Riparian Buffer As such the applicant is requesting approval of the minor amount of Neuse River Riparian Buffer impacts associated with the overflow /bypass channels for each of these previously approved BMPs 3e Describe the overall project in detail including the type of equipment to be used The site is already developed This application request is associated with constructing bypass channels from an approved stormwater wetland through the Riparian Buffer area Equipment typical to stormwater construction will be used including backhoes excavators and dump trucks 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes ❑ No El Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination what type Preliminary ®Finai of determination was made 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company S &EC PA Name (if known) Sean Clark Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation The USACE approved the JD in April 2004 (see attached AID 200420787) The NC DWQ issued a buffer determination in February 2003 (see attached NBRRO 03 034) Page 3 of 12 PCN Form — Version 1 3 December 10 2008 Version Project Information and Prior Project History 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 The USACE approved the residential development in November 2005 (see attached AIDS 200620127 200620128 200620129) and the NC DWQ approved it in December 2005 (see attached DWQ Project No 05 1985) 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 4 of 12 C Proposed Impacts Inventory 1 Impacts Summary 1a 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 [:IT ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 0 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) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 0 31 Comments 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 indiv dually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑ PEI T M Total open water impacts 0 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then complete the chart below Page 5 of 12 PCN Form — Version 1 3 December 10 2008 Version 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (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 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 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) or impact Stream name mitigation (square feet) (square feet) Temporary T required? 131 ® P [--IT Stormwater BMP Bypass Swale UT to Williams Creek ❑ Yes ® No 863 434 B2 ®P ❑ T Stormwater BMP UT to Williams Creek ❑ Yes 852 416 Bypass Swale ® No B3 ®P ❑ T Stormwater BMP UT to Williams Creek ❑ Yes 876 501 Bypass Swale ® No 6h Total buffer impacts 2 591 1 351 61 Comments The requested buffer impacts are the result of a bypass channel needed for a previously approved stormwater management device These impacts are listed as allowable within the Neuse River Riparian Buffer Rules table of uses Page 6 of 12 D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project This development was previously approved and is currently built The riparian buffer impacts requested in this application are solely for the purpose of constructing bypass /overflow channels from the stormwater wetlands that exist on site These stormwater BMPs were designed to treat all the storm flow generated from the development thereby ultimately improving water quality despite requiring a minimal amount of buffer impact to achieve it 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The project will meet with Town of Apex requirements for Sediment and Erosion Control practices Tree protection fencing will be utilized to ensure impacts remain within the permanent swale areas as depicted on the impact maps 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ® No 2b If yes mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in lieu fee program ❑ Perm►ttee 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 perm►ttee responsible mitigation plan provide a description of the proposed mitigation plan Page 7 of 12 PCN Form — Version 1 3 December 10 2008 Version 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 ❑ Yes ® No buffer mitigation? 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 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 15 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 The buffer impacts requested are minimal in nature and required solely to construct the bypass /overflow channels from the proposed stormwater wetlands created to treat the stormwater generated by this project It is our understanding from previous discussions had with Ms Annette Lucas (Stormwater Engineer for NC DWQ Central Office) that this approach is in accordance with DWO expectations for these types of BMP devices It is also our understanding that these impacts are allowable per the Table of Uses Page 8 of 12 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1a 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 This previously approved subdivision has three (3) stormwater wetlands to capture and treat all stormwater runoff generated by the development Stormwater wetlands are permitted to discharge directly to surface waters and ❑ Yes ® No therefore no diffuse flow is required The minor amount of buffer impact requested in this application is associated with the bypass /overflow channels for these devices 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? >30 % 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why This development was previously approved — as were the stormwater management devices that are already constructed and functioning This application is for Neuse River Riparian Buffer impacts associated with the bypass channels to be constructed from these stormwater wetlands 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative 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? ❑ 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 apply ❑ HQW ❑ 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 Page 9 of 12 PCN Form — Version 1 3 December 10 2008 Version C Stormwater Management and Diffuse Flow Plan (required by DWQ) continued 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 12 F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the Y es ❑ 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) 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 We have reviewed the DRAFT Internal Policy Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs document prepared by the NC Division of Water Quality on April 10 2004 version 2 1 The draft states that many private development projects including small residential developments are unlikely to cause cumulative impacts This project does not meet any of the three criteria of private projects that can clearly result in cumulative impacts The proposed residential development is relatively small in nature is within a residentially developed landscape bounded by existing homes and therefore the utility infrastructure (i a water and electricity) are already in place to service the proposed development We anticipate that you will advise us if a qualitative or quantitative impact analysis is required 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 This project will connect to existing sewer lines The Town of Apex will ensure the capacity of their WWTF is not exceeded 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 ❑ Raleigh ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? As this project is only requesting Neuse River Buffer Riparian Authorization this question is not relevant at this time 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? The proposed project is in Apex Wake County which is not near any coastal or tidal habitat that would support EFH (i e salt marshes oyster reefs etc ) 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? As this project is only requesting Neuse River Buffer Riparian Authorization this question is not relevant at this time 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 floodplam determination? http / /floodmaps nc gov /fmis /Map aspx ?FIPS =183 Nicole J Thomson February 3 Applican6�;Drinted Name , [[� i `'C,f l �,(-ve -) 2012 Appllcan en Signature (Agents signature is valid only i orization letter from the applicant Date is provided Page 12 of 12 Phone. Project Name /Description. & &A&rJt c% VAIK- S CC a 7411P Environm onsultan AGENT AUTHORIZATION FORM AH Blanks To Be Filled In By The Current Landowner — r 2r �� - =:3 SID&3C& 2P P&Q Fn G CW T"r= C &WC.*i46s I I.UQ Date. A- Z 3 ` 07 The Department of the Army U.S Army Corps of Engineers, Wilmington District P O Box 1890 Wilmington, NC 28402 Ate, ER Field Office Re. Stream Related Consulting and Permitting To Whom It May Concen b the current property owner or municipal official, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent m the processing of penaut applications to h upon request sir lesrental information m support of apphcabons etc from tlus day forward The Zwday of LW�2t t. 20077 Thus notificabon 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 S &EC staff You sh d call S&EC to arrange a site meeting prior to visiting the site. 6C& I. 4e-)h*A) W �,� Print Property Owner's Name Property bwnees SignAre CC Ms Cyndr Karoly NCDENR - DWQ 2321 Crabtree Boulevard Raletgh, NC 27604 Charlone Office 236 LePbMp Ct. Suite C Concord NC 28025 Phone (704) 720 9405 Fax (704) 7204406 cc hds Jessica Regan Soil & Environmental Consultants PA Gremboro OfFce 3817 E Lawndale Drive Greensboro NC 27455 Phone (336) 540 -8234 Fax (336) 540-8235 2 a HI Project Number: 74 I G.P I Project Manager: NJT Scale: I ° = 1000' Date: 02/03/12 1G D cam% 0 a 0 a a Map Title: 5cgure I - U5G5 Topogra Quad Map 5eagrove'5 Farm NOV Wake County, NC Source: 2010 Apex Quadrangle a Xpevx �a ke 0 Soil & Environmental Consultants, PA 11010 Raven Ridpe Rd.- Raleigh, NC 17614 (919) 84659M • (919) 646-9467 Web Page: www.SwWEC.corn 0 1 . 461W �' ArlOrd 'I "VOL arl. 1w i. 44 Ik. Iw �jQ-41 Alm rot- IL mffr—j % C U S ARMY CORPS OF ENGINEERS COPY WII.MINGTON DISTRICT Action Id 200420787 County Wake U S G S Quad Apex. NC NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Authorized Owner Lelia S Womble Charitable Tivst Agent Soil & Environmental Consultants, PA c/o Paul Stain Co Trustee —Stain. Fordha n. & Danchu, PA Attu Sean Clark Address 106 Holleman Street Address 11010 Raven Ridge Road Apex, NC 27502 Rolm& NC 27614 Telephone Number 919 362 8873 Telephone Number 919 846 -5900 Size and location of property (waterbody road name/number town, etc ) The property is approximately 66 acres in size and located on the northeast side of Center Street (SR 1010) approximately 1200 feet northwest of Highway 1 east of Apex. Wake County North Carolina Indicate Which of the Following Apply Based on preliminary information, there may be wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a Jurisdictional determination must be verified by the Corps X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely delineation, you may wish to obtain a consultant. To be considered final any delineation must be verified by the Corps _ The wetland on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion thins survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property winch, provided there is no change in the law or our published regulations may be retied upon for a period not to exceed five years X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on April 19, 2004 Unless these s 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 thus 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 thus determination may be relied upon for a period not to exceed five years from the date of thus notification The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA) You should contact the Division of Coastal Management in Washington, NC at (252) 946 6481 to determine their requirements Remarks Property is also referred to as Seagrove Farm. Corps Regulatory Official Date April 19, 2004 Expiration Date April 19. 2009 App Page 1 of 2 Action Id 200420787 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this deternnnation and/or the Corps regulatory program, please contact Jennifer A Burdette at (919) 876 -8441 ext 22 Basis For Determination Areas on this site exhibit wetland critena as descnbed in the 1987 Corps Wetland Delineation Manual and are adjacent to unnamed tributaries to Williams Creek. The property also contains stream channels and a wond that exhibit an Ordinary Hieh Water Mark as indicated by chances in soil character and absence or terrestrial metation and are hydrologically connected to unnamed tributaries of Williams Creek Corps Regulatory Official (Imthan^ Page 2 of 2 Applicant Leslie R Womble Charitable Trust File Number 200420787 Date Apr 19, 2004 Attached is See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of emussion A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E 1-104 �" SECsTI a 1 They 1 otn ^ ndn�r t§indt�`Qtjs,gartan,� s t a�� `e��at1 �ection�AXt�onalE; uffonativnaybeo�� Ctiig� //a`e1/%wn'is/ao.I�� ly � 1 1 y F s ate; ,a, X F= 4 3�� 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 pert in its entirety and waive all rights to appeal the perm including its terms and conditions and approvedjunsdictional 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 distract engineer within 60 days of the date of this notice or you will forfeit your right to appeal the permit in the future Upon receipt of your letter the distract 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 retain 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,junsdictional determinations associated with the permit • APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therem, you may appeal the declined 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 C PERMIT DENIAL You may appeal the denial of a perinit 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 undel 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 regarding the preliminary JD The Preliminary JD is not appealable If you wish, you may request an 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 11 ECTI®N II RE � UEST F� ®R "APPE_AL o'r OBJECT'IO1;iS TO AAN e_k PROF $QED P£ w REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record) ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record However ou may rovide additional information to clarify the location of information that is already in the administrative record If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may Process you may contact also contact, Jennifer A Burdette Regulatory Specialist Mr Arthur Middleton, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD ET-CO R 6508 Falls of the Neuse Road Suite 120 U S Army Corps of Engineers South Atlantic Division Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303 8801 RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants to conduct investigations of the project site during the course of the appeal process You will be provided a IS day notice of any site investigation, and will have the opportunity to p ipate in all site investigations Date Telephone number Signature of appellant or agent DIVISION ENGINEER Commander U.S Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M1S Atlanta, Georgia 30303 -3490 State of North Carolina Department of Environment 4 . and Natural Resources W Raleigh Regional Office Michael F Easley, Governor NCDENR William G (Bill) Ross, Secretary NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NAcruRAL RESOURCES Division of Water Quality February 14, 2003 Laura Gadd 1 F g _ 0 Soil & Environmental Consultants, Inc 11010 Raven Ridge Road Raleigh NC 27614 Subject Neuse River Basin Buffer Rules NBRRO 03 -034 Center Street Site S &EC #02 -7416 Apex Wake County NC Dear Ms Gadd This letter will serve as confirmation of the buffer determination made by S &EC at the subject property referenced by the Raleigh Regional Office as NBRRO 03 -034 On November 20 2002, I conducted a site visit of features A, B C D E and F involve d in the above referenced project as identified on the attached figures 1 and 2 It was determined that the features shown on the Wake County Soil Survey and on the USGS Apex, NC Quad map could potentially be subject to protection under the Neuse River Basin Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Existing Riparian Areas Administrative Code T15A 02B 0233 (NCAC 0233) Feature A is subject throughout property Features B C and E are subject and start at flags #06 #02 and #07, respectively Features D and F are not subject This letter only addresses the applicability of the Neuse Buffer Rules For information relevant to wetlands and other impacts, please contact the Central Office at 733 -1786 Thank yo u for your attention to this matter and if this office can be of any assistance or if you have additional questions, please do not hesitate to contact us Sincerely, Deborah Edwards Environmental Specialist I cc John Dorney /DWQ Wake County 1628 Mail Service Center Raleigh NC 27699 1628 Telephone (919)571.4700 FAX (919)571.4718 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper U S ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID 200620127 200620128 200620129 County Wake USGS Quad Apex GENERAL PERMIT (REGIONAL AND NATIONWIDE) VE Property Owner / Authorized Agent Mr David Goracke Address Westfield Homes of the Carolinas, LLC 4112 Pleasant Valley Road Raleigh, NC 27612 Telephone No 919 - 8686567 x Fwn 11,7 i--' n- ?011`1 Size and location of property (water body road name/number town etc ) The prolect site is located on the north side of Center Street (Sr 1010), approximately 700ft west of its intersection with Highway 1 in Apex. Wake County. NC Description of projects area and activity 200620127 authorizes the temporary impact of 901inear feet of stream associated with utility crossings. 200620128 authorizes the permanent fill of 0 02197 acres of wetlands 200620129 authorizes the unpact of 91 linear feet of mitigable stream channel and 146 Hnear feet of nonmingable stream channel associated with road crossings. This permit also authorizes the impact of 0 01729 acres of wetlands associated with road crossings 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, M 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 NWPs We will issue a public notice when the NWPs 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 (CAMA) prior to beginning work you must contact the N C Division of Coastal Management This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal State or local approvals /permits If there are any questions regarding this verification any of the conditions of the Permit or the Corps of Engineers regulatory program please contact Thomas Brown a 9) 876 8441 x22 Corps Regulatory Official Thomas Br ate November 22, 2005 Expiration Date of Venfication March 18.2007 2 Determination of Jurisdiction ❑ Based on preliminary information there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations this determination may be relied upon for a period not to exceed five years from the date of this notification ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations this determination may be relied upon for a period not to exceed five years from the date of this notification ❑ The ,jurisdictional areas within the above described project area have been identified under a previous action Please reference jurisdictional determination issued _ Action ID Basis of Jurisdictional Determination Areas on this site exhibit wetland criteria as described in the 1987 Cores Wetland Delmeation Manual and are adjacent to an unnambed tributary to Williams Creek. The property contains stream channels that exhibit an Ordinary High Water Mark as indicated by chancres in soli character and Corps Regulatory Official Date November 22, 2005 SURVEY PLATS FIELD SKETCH WETLAND DELINEATION FORMS PROJECT PLANS ETC MUST BE ATTACHED TO THE FILE COPY OF THIS FORM IF REQUIRED OR AVAILABLE Copy Furnished S &EC Sean Clark 11010 Raven Ridge Road Raleigh NC 27614 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i a occurrence of hydrophyttc vegetation hydnc soils and wetland hydrology) 2The term adjacent" means bordering, contiguous or neighboring. Wetlands separated from other waters of the U 5 by man made dykes or barriers, natural river berets beach dunes, and the like are also adjacent Applicant Goracke Westfield Homes of the File Number 200620127 Carolinas LLC 200620128 1200620129 Date November 22 2005 Attached is I See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of I A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E Cirp�s igtilations at 33 CFR Part 33`1'�`��� 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 distract engineer Your objections must be received by the distract engineer within 60 days of the date of this notice or you will forfeit your right to appeal the permit in the future Upon receipt of your letter the district engineer will evaluate your objections and may (a) modify the permit to address all of your concerns (b) modify the permit to address some of your objections or (c) not modify the peniut 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 H 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 dental 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 regarding the preliminary JD The Preliminary JD is not appealable If you wish you may request an 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 kSECTION II RE VEST FOR APPE E or OBNO ON *QRN TI R � F D I' � REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record ) ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record the Corps memorandum for the record of the appeal conference or meeting and any supplemental information that the review officer has determined is needed to clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record However, you may provide additional information to clarify the location of information that is already in the admmistrative record rPOINT OF CONTACT FOR QOES TIONS OR INFORM T Q �° If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact may also contact Thomas Brown Mr Michael Bell Administrative Appeal Review Officer 6508 Falls of the Neuse Road CESAD ET CO -R Suite 120 U S Army Corps of Engineers South Atlantic Division Raleigh NC 27615 60 Forsyth Street Room 9M15 919 876 8441 x22 Atlanta Georgia 30303 8801 RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel and any government consultants, to conduct investigations of the project site during the course of the appeal process You will be provided a 15 day notice of any site investigation and will have the opportunity to participate in all site investigations Date Telephone number Signature of appellant or agent DIVISION ENGINEER Commander U S Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta Georgia 30303 3490 W O�o� ATF94G r �i O V Mr David Goracke Westfield Homes of the Carolinas LLC 4112 Pleasant Valley Road Raleigh NC 27612 Michael F Easley Governor William G Ross Jr secretary North Carolina Department of Environment and Natural Resources December 21 2005 Alan W Klimek, P E. Director Division of Water Quality DWQ Project # 05 1985 Wake County RECEIVE pFf 2 R 1005 Subject Property Seagrove's Farm Ut to Williams Creek [030402,2743-2, WSIN, NSW] Approval of 401 Water Quality Certification and Authorization Certifilate per the Neuse River Buffer Protection Rules (15A NCAC 2B 0233) with Additional Conditions Dear Mr Goracke You have our approval in accordance With the attached conditions and those listed below to place fill within or otherwise unpact 0 03926 acres of wetland, 3171mear feet of stream and 26,201 square feet of Zone 1 protected Neuse riparian buffer and 19 756 square feet of Zone 2 protected Neuse riparian buffer to construct the proposed residential subdivision at the subject property as described within your application dated October 28 2005 and received by the N C Division of Water Quality (DWQ) on October 28, 2005 and all additional information submitted and received by the DWQ on December 12 2005 and December 16 2005 After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3374 3402 (GC3374, GC3402) The Certification(s) allows you to use Nationwide Permit(s) 12 18 and 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 ftress Review Unit 1650 Mail Service Center Raleigh North Carolina 276991650 2321 Crabtree Boulevard Sude 250 Raleigh, North Carolina 27604 Phm 919 733-1786/ FAX 919-7334M/ Internet bM //h2o enr slate ne us ww lands An Equal Opportrmdy /Aftnabve Action Employer — 60% RecyclerY10% Post Consumer Paper ttmc: y Westfield Homes of the Carolmas LLC Page 2 of 4 December 21 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 mclu4ling incid►t i"ts 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 3 No Waste Spoil Solids or Fill of Any Kind No waste spoil solids or fill of any kind shall occur in wetlands waters, or riparian areas beyond the footprint of the impacts depicted in the Pre- Construction Notification All construction activities including the design installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be.pmfoimed so that no violations of state water quality standards, statutes, or rules occur 4 Compensatory Mitigation Using 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 5208 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 Amount Approved nits Plan Location or Reference 404 Wetland 0 03926 acres Revised Impact SHMLma date 12/16/05 Stream 317 ear feet Revised b2pact Summary date 12/16/05 Buffers — Zone 1 26 201 s pare $ Revised PCN pages 7 & 8 of 9 Buffers — Zone 2 LL9L756 uare fi Revised PCN es 7 & 8 of 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 3 No Waste Spoil Solids or Fill of Any Kind No waste spoil solids or fill of any kind shall occur in wetlands waters, or riparian areas beyond the footprint of the impacts depicted in the Pre- Construction Notification All construction activities including the design installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be.pmfoimed so that no violations of state water quality standards, statutes, or rules occur 4 Compensatory Mitigation Using 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 5208 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 Westfield Homes of the Carolinas LLC Page 3 of 4 December 21 2005 Impact Compensatory Iffltization Required River and Sub -basin Number Buffers — Zone 1 19155 square feet Neuse 03020201 Buffers — Zone 2 10 374 s uare feet Neuse 03020201 5 Diffuse Flow 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 6 Protective Fencing The outside buffer wetland or water boundary and along the construction corridor within these boundaries approved under tlus 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 33 and GC 3402 7 Construction Stormwater Permit NCG01O000 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 (NCGO10000) administered by DWQ is automatically issued to the project Tins 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 protects that disturb one (1) or more acres) full compliance with permit conditions including the sedimentation control plan self- momtormg record keeping and reporting requirements are required A copy of this permit and monitoring report forms may be found at httn 11h2o enr state nc uslsulForms Documents htm 9 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 http //h2o enr state nc us /ncwetlands The text of the sample deed notification may be modified as appropriate to suit to this protect 10 Culvert Installation Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions Westfield Homes of the Caroluias LLC Page 4 of 4 December 21 2005 11 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 maxiinum 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 12 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 40I/Wetlands 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 approval 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 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B 0233 If you have any questions please telephone Cyndi Karoly at 919 733 1786 AWK/ym Enclosures GC 3374 and GC 3402 Certificate of Completion cc Sean Clark, Soil & Environmental Consultants USACE Raleigh Regulatory Field Office Eric Kulz DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Sincerely �4 /111 Alan W Klimek, P E P A 11010 Raven Ridge Road Raleigh NC 27614 Filename 051985SeagmvesFatm(Wake)401 +NBR 0 c I 0 S i fff 0 0 Q C4 r �• MF ri �: ►•�r . _� , ►_`.][ =mil �����,� �. 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