20070497 Ver 2_More Info Received_20070621

06-0497VZ-
Blackburn Consulting Engineering
234 East Main Street
Clayton, NC 27520
Phone: [phone]
Fax: [phone]
June 18, 2007
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, NC 27615
Attn: Jean Manuel
NCDENR -DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, NC 27604
Attn: Cyndi Karoly
RE: DWQ# 06-0497
To Whom It May Concern:
Responses to DWQ comments dated 6/4/07.
1) Sheet 3 has been added showing increased culvert size and 1' bury.
2) Site plan has been revised to shown addition fill slopes along driveway. The
application has been revised to show this increased disturbance.
3) Attached is letter from NCEEP.
4) Attached is letter from NCEEP.
Sincerely,
Enclosures:
1. Revised Application
2. Revised Construction Plans
3. Letter from NCEEP
Daniel W. Blackburn, PE
Q~c~~oe~~
JUN 2 1 2007
QsNR - w.nr~R cw~t.irv
~.urosro~

~QF W H /'~C9Q Michael r. Easley, Governor
`Q G William G. Ross Jr., Secretary
C? ~- North Carolina Department of Environment and Natural Resources
~ ~
O ,~ Coleen H. Sullins, Director
Division of Water Quality
June 4, 2007
DWQ Project # 06-0497, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Thomas C. Hankins
Marquis Homes & Co.
8368 Six Forks Road, No. 202
Raleigh, NC 27615
Subject Property: Rosewood Subdivision
Ut to Upper Barton Creek [030401, 27-15-(2), WSIV, NSW, CA]
REQUEST FOR MORE INFORMATION
Dear Mr. Hankins:
On May 23, 2007, the Division of Water Quality (DWQ) received your application dated May 15, 2007,
to fill or otherwise impact 158 lineaz feet of perennial stream (148 linear feet permanent impact, 10 linear
feet temporary impact), 0.06 acres of open waters, and 22,704 square feet of Zone 1 Neuse, River basin
protected riparian buffers and 8,785 square feet of Zone 2 Neuse River basin protected riparian buffers to
construct the proposed residential subdivision. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will
place this project on hold. as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide cross section details showing the provisions for aquatic life passage.
2. Please indicate driveway impact including all fill slopes, dissipaters, and bank stabilization on the
site plan at scale of 1 "=50'.
3. Please provide documentation from the NCEEP indicating their willingness to accept your
request to purchase 81,290 square feet of buffer mitigation credit to mitigate for the proposed
22,704 square feet of Neuse River basin Zone 1 protected riparian buffer impacts listed in your
PCN application per section VIII, No. 2.
4. Please provide documentation from the NCEEP indicating their willingness to accept your
request to purchase 148 linear feet of stream mitigation credit to mitigate for the proposed 148
linear feet of stream impacts listed in your PCN application per section VIII, No. 2.
N°ne Carolina
401 Oversighi/Express Review Permitting Unit ~tura!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httD://h2o enr.state nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Y
os~tem_ ..
PRDORAM
June 13, 2007
Tom Hazkins
Marquis Homes
8368 Six Forks Road
Raleigh, NC 27b15
Project: Rosewood Subdivialon County: Wake
Og-497
'The purpose of this letter is to notify you that the North Cazolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issaed 404 Permit/401 CerrtificaHon/CAMApermrt within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit{s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fce to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net,
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
ouowm taore.
Neuse
03020201
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
{Sq. Ft.)
Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh
Impacts 0 0 148 0 0 0 81,290 22,701
Credits 0 U 396 0 0 0 243,870 34,056
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at {919) 716-1921.
Si erely,
~~
tlliam .Gilmore, PE
irector
cc: Cyndi Karoly, NCDWQ Wetlands/40l Unit
Jean Manuel, USACE-Raleigh
Ian McMillan, NCDWQ-Raleigh
Daniel Blackburn, agent
File
~K:DENR
R,~stoYrr-c~... P ... Pv~o~~ Ou.~ Stag
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476/www.nceep.net

Office Use Only• Form Version March OS
~g-0497 ~Z
USACE Action ID No. DWQ No.
,.
(If any particular -tem is not appncanie to tms project, pieasc Cmc~ ~~~~ ~-.NN~~~a~~~ ~~ ~~~~ •~
I. Processing
Check all of the approval(s) requested for this project:
X Section 404 Permit X Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check D ~ ~ ~ aM~ D
II. Applicant Information JUN 2 1 2001
1. Owner/Applicant Information DENR -WATER QUALITY
Name: Marquis Homes & CO (Applicate & owner) IMfT1AND3AND STOPt1~IWATfR 9RANCH
Mailing Address: 8368 Six Forks Road #202
Raleigh NC 27615
Telephone Number: 919-870-6639 Fax Number: 919-870-9923
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Daniel W. Blackburn
Company Affiliation: Blackburn Consulting Engineering
Mailing Address: 234 East Main Street
Clayton NC 27520
Telephone Number: 919-553-2900 Fax Number: 919-553-7298
E-mail Address: dblaekburn(a~mindspring com
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Rosewood Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): (Main) 0880.02-76-2850
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): New Subdivision
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, Take
Old Creedmoor to Shooting Club Road Site on Left 565' from Old Creedmoor.
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): See Detail Sheet °N
6. Property size (acres): 31.35 Acres
7. Name of nearest receiving body of water: Un-named Tributary to Upper Barton's Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•//h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: One Single Family Dwelling Vacant Wooded Property
attach a sheet that
oW
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
Grading & clearing for residential roads standard clearing & aradin~ equipment to be used
1 1. Explain the purpose of the proposed work:
Property to be devel~ed for single family subdivision
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Previous~ermit issued DWQ# 06-0497 This Application is submitted to add a driveway
im act.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Plans submitted are complete for this subdivision No other impacts planned or anticipated to
This site or the individual lots shown.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: One permanent impact to an existing
Pond/connected wetland One permanent impact for a stream crossing. Both permanent
im acts -now existin -add one drivewa im act
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
«.,rol., l;ot imY,o~tc rtnP to tenth etnirtnrP and flnndinu_

Wetland Impact
Site Number
(indicate on map)

Type of Impact T e of Wetland
~
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 1.3580 Acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
..~ L.,, : „1„rlo.-1 T., noln„tots arraaaP mitltinly 1Pnorh X Wldrh_ then divide bV 43.560.
Stream Impact ~ V

Number
indicate on ma v W W _ v

Stream Name

Type of Impact
Perennial or
Intermittent? Average

Stream Width
Before lm act Impact

Length
linear feet Area of

Impact
(acres
Ex-2 UT-Upper Barton's Fill Perennial 3.6 136' 0.01
Ex-3 UT-Upper Barton's Temporary Perennial 7.5 10 0.002
New-4 UT-Upper Barton's Fill Perennial 3 12 0.0008

Total Strearn Impact (by length and acreage) 158' 0.01
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
firr ,nt;nr, .-trP~tnlnn flnnrllnQ rlrainavP hrrlkheads_ etc_
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
Ex-l Man-made Pond Fill Pond 0.06

Total Open Water Impact (acres) 0.06
Page 8 of 12

6
List the cumulative im act to all Waters of the U.S. resultin from the ro~ect:
Stream Im act (acres): 0.01
Wetland Impact (acres):
O en Water Im act acres : 0.06
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 158
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
watering, irrigation, aesthetic, trout pond,
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Impact #1 is utilizing the
existing,,pond dam for the crossing_Iinpact # 2 is downstream of an intersection of two creeks,
to allow a single crossign instead of a double one Impact #3 is for a waterline is temporary and
has been placed at a narrow crossing to avoid wetland impact. These crossings are necessary for
access and property development New driveway impact for lot 6 house site.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc. us/ncwetlands/stnngide. htm 1.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No proposed mitigation submitted with this application. If mitigation is required, Payment to
NCEEP will be requested at that time.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.em~.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 148
Amount of buffer mitigation requested (square feet): 84,561
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No X
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Meuse )? Yes X No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
lsauare feetl Mitisation
1 23,582 3 (2 for Catawba) 70,746
2 9210 1.5 13,815
Total 32,792 84,561
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; 7.one 2 extends an
additional 20 feet from the edge of Lone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Kiparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Payment into the riparian buffer restoration
Page 1 ] of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. This subdivision is limited to a total impervious limit of 15%. Additionally, level
spreaders are designed at all the runoff outlets using 13' per cfs of a ten ey ar storm, and all the roadside
ditches will be vegetated.
XII. Sewage Disposal (required by DWQ)
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.
All lots will utilize individual, on-site sewage disposal in the form of design septic systems and
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No X
Is this anafter-the-fact permit application? Yes ^ No X
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This subdivision is limited bx zoning and septic availability to the impacts enclosed and the
plans provided.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
No special Circumstances Requested.

Applicant/Agent's Signature ~ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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