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
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Map Title:
5cgure I - U5G5 Topogra
Quad Map
5eagrove'5 Farm NOV
Wake County, NC
Source:
2010 Apex Quadrangle
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Soil & Environmental Consultants, PA
11010 Raven Ridpe Rd.- Raleigh, NC 17614
(919) 84659M • (919) 646-9467
Web Page: www.SwWEC.corn
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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
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