20201897 Ver 2_Riparian Buffer Authorization Request_20220216

Original Submittal 2/16/2022
A. Owner/Applicant Information
General Information
Primary Contact Email-.* [e-mail]
Please list the contact person's email for questions or payment on this project if needed.
Who is submitting the application?* Owner
Applicant other than Owner
Agent
1. Property Owner Information:
1a. Name on Recorded Deed:*
1b. Responsible Party:
1c. Mailing Address:*
1d. Telephone:* 919-707-3033
State of North Carolina
Tim Walton
(for Corporations)
Street Address
c/o N David Smith, NC Dept. of Agriculture & Consumer Services
Address Line 2
1001 Mail Service Center
City
State / Province / Region
Raleigh
North Carolina
Postal / Zip Code
Country
27699
us
1e. Email Address:* [e-mail]
2. Applicant's Information (if different from owner):
2a. Name: Lee Perry
2b. Company Affiliation: East West Partners Management Co.
2c. Mailing Address: Street Address
1450 Environ Way
Address Line 2
City
Chapel Hill
Postal / Zip Code
27517
2d.Telephone: [phone]
2e. Email Address: ([e-mail]
State / Province / Region
NC
Country
us
Water Resources
ENTAL QUALITY

2f. Attach a signed and dated copy of the authorization granting the applicant owner approval. An agent authorization form is
acceptable.
Click the upload button or drag and drop files here to attach document
01-21005 -Athens-Agent Auth - State of NC.pdf 386.94KB
PDF only
.............................
3. Agent Information:
3a. Name:
3b. Company Affiliation:
3c. Mailing Address: Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3d. Telephone: 3e. Email Address:
3f. Attach a signed and dated copy of the agent Click the upload button or drag and drop files here to attach document
authorization form. PDF Only
B. Project Information and Prior Project History
1. Project Information
1 a. Name of Project:* Project Athens - Area 4
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
Yes
No
1d. Subdivision Name:
le. Nearest Municipality: Raleigh
1f. Property Size: 45.00
acres
1g. County (or Counties) where the project is located:
Wake
1h. Property ID# Date of Purchase
0784132319 10/20/1978
Tax PIN or Parcel id
11. Deed Information
Type of Book Book# Page#
Deed F72 00073
Map 1978 Vol 6 696

1 j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach document
03-Athens A4 Plat.pdf 118.57KB
PDF only
1k. How would you like to provide the Latitude and Longitude information?*
Address Lookup
Manually
Latitude* 35.792251 Longitude*-78.723576
11. Is the project located in any of North Carolina's twenty coastal counties?*
Yes
• No
2. Surface Waters
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
2a. Name of the nearest body of water to proposed project:
Richland Creek
2b. Water Quality Classification of nearest receiving water:
C; NSW
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
5,779
(linear feet only)
3. Project Description:
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:
The project area is a large gravel parking lot with access to NC Highway 54, Mt
Vernon Road, and the NC State Fair recreational vehicle (RV) park, except for
forested riparian buffers along stream channels. Two previously permitted road
crossings are currently under construction. Construction on a previously permitted
bridge connecting to the RV park has not begun. Figure 1 depicts the location of the
project area on the US Geological Survey (USGS) Clayton and Flowers, NC 7.5-
minute quadrangle topographic maps. Figure 2B shows the location of the project
area on the Wake County Soil Survey maps. Figure 3 depicts the subject property on
an aerial photograph of the area.
3b. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
Click the upload button or drag and drop files here to attach document
04-EWP20000_Athens_Fig 1 USGS.pdf 2.2MB
PDF only
3c. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site.
Click the upload button or drag and drop files here to attach document
05-EWP20000_Athens_Fig 2B SS.pdf 2.36MB
PDF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:
The proposed project involves the construction of a gravel parking area with two
access roads and a stormwater control measure. Proposed access roads will cross
three stream channels and adjacent wetlands.
Heavy equipment typical for road construction will be used to develop the project,
including track hoes, dozers, dump trucks, and graders.

Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
06 - EWP20000 - Revised Impact Maps.pdf 3.66MB
PDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project
(including all prior phases) in the past?*
• Yes
No
5b. Who did the determination on the jurisdictional areas?
Who did the determination? I
List name if known
Date
Attach
Agent/Consultant
Alec Pierzga
11/03/2020
07- 101...
(Name if known)
EWP20000 ...
4 PJD Map.pdf
pdf only
*** Please include the date of the determination and upload a copy of the determination.
Comments:
A buffer determination was not required for the project because all mapped streams
are present in the field and buffered.
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
Yes
No
6b. List any permits/approvals that have been requested or obtained for this project in the past.
^
Application Date
Date Issued
Permit Type
4/6/2021
7/6/2021
Nationwide Permit 39
4/6/2021
6/3/2021
401 Water Quality
Certification
4/6/2021
LL2021
Buffer Authorization
6c. Please explain and detail according to "help file" instructions.*
This project was permitted, as shown above. Final design plans for the proposed
bridge crossing to the RV park (Area 1) showed that a slightly larger area of riparian
buffer impact would be necessary for its construction. This application includes the
revised impact amounts required for the project.
7. Future Project Plans
.....................................................................................................................................................................................................................................................................................................................................................-::........
7a. Is this project a phased project?* Yes
O No
C. Proposed Impacts Inventory

Buffer Impacts
Project is in which protected Basin?*
• Neuse River Basin (15A NCAC 02B.0233)
Catawba River Basin (15A NCAC 02B.0243)
Randleman Lake Watershed (15A NCAC 0213.0250)
Tar -Pamlico River Basin (15A NCAC 0213.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)
Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 02B.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# -Reason
B 1 & 132-Area 1
Bridge Crossing
Map label (e.g. Road
Crossing 1)
Stream Name
�
S
Buffer Impact
Permanent
(P)
Perm or Temp
Impact Type
Allowable
Zone 1
J
4,227.
00
Square
Feet
Zone 2
2,881.
00
Square
Feet
B4-Area 2 Road
S3
Temporary
Allowable
2,237.
102.00
Crossing
(T)
00
Square
Map label (e.g. Road
Perm or Temp
Square
Feet
Crossing 1)
Feet
B5-Area 2 Road
S3
Permanent
Allowable
5,196.
3,300.
Crossing
(P)
00
00
Map label (e.g. Road
Perm or Temp
Square
Square
Crossing 1)
Feet
Feet
136-Area 2 Road
S3
Temporary
Allowable
6,812.
3,622.
Crossing
(T)
00
00
Map label (e.g. Road
Perm or Temp
Square
Square
Crossing 1)
Feet
Feet
B7-Area 3 Road
S5
Permanent
Allowable
6,204.
7,149.
Map label (e.g. Road
(P)
W/
00
00
Crossing 1)
Perm or Temp
mitigation
Square
Square
Feet
Feet
138-Area 3 Road
S5
Temporary
Allowable
2,072.
473.00
Map label (e.g. Road
(T)
00
Square
Crossing 1)
Perm or Temp
Square
Feet
Feet
B9-Area 4 SCM
S2
Permanent
Exempt
184.00
169.00
Outlet
(P)
Square
Square
Map label (e.g. Road
Perm or Temp
Feet
Feet
Crossing 1)
B10-Area 4 SCM
S2
Temporary
Exempt
290.00
269.00
Outlet
(T)
Square
Square
Map label (e.g. Road
Perm or Temp
Feet
Feet
Crossing 1)
Total Zone 1 Impacts: 27,222.00
Total Zone 2 Impacts: 17,965.00
Total Buffer Impacts: 45,187.00

Comments:
B3 reported in the original application was eliminated from the project before the
previous authorization was issued. This application identified and corrected an error
in listing the Zone 1 impact for B8. It was listed as 2,925 SF but should have been
2,072 SF.
D. Impact Justification and Mitigation
1. Avoidance and Minimization h
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.
Avoidance and minimization for the project was covered in the original application
and additional information provided subsequent to its submittal. Minimization of the
riparian buffer impacts to install the proposed bridge did not allow sufficient space for
construction based on the final design plans.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Additional space at each crossing has been planned to construct the culvert for the
crossings in the dry to minimize impacts to water quality. A sediment and Erosion
Control Plan for the project is being reviewed and approved by the NC Department of
Environmental Quality. The project will comply with the supplementary NPDES
Construction Stormwater Permit (NCG010000).
2. Buffer Mitigation
2a. The table below identifies the square footage of impact to each zone of the riparian buffer and the required mitigation.
Zone 1
Total Impact Multiplier ii Required Mitigation
6,204.00
3
18,612
Square Feet
Square Feet
Zone 2
Total Impact Multiplier Required Mitigation
7,149.00
1.50
10,723.50
Square Feet
Square Feet
2b. What is the mitigation plan proposed for this Payment to private mitigation bank
project? * Payment to Division of Mitigation (DMS)
Permittee responsible mitigation
2e. Attach statement of availability from mitigation provider.*
Click the upload button or drag and drop files here to attach document
08-Project Athens - Area 4 Parking Lot - MCTC 02-
570.13K6
02-2022.pdf
PDF only
2g. Comments: Construction of the road at Area 3 has begun. The mitigation required for this impact
has been paid. The mitigation receipt from Wildlands Holdings is attached.
E. Diffuse Flow Plan

1a. What type of SCM are you providing?*
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Proposed project will not create concentrated stormwater flow through the buffer
Other SCM that removed minimum of 30% nitrogen
1 b. Describe how diffuse flow will be maintained: *
The proposed development shall be subject to the stormwater management
requirements set forth in Section .1000 — Stormwater
Management, 15A NCAC 02H .1001. Per the State of North Carolina regulations,
stormwater management on this site shall address two primary issues: (1) peak
discharge rates and (2) water quality management. One stormwater wet pond is
proposed to treat for 85% TSS removal, nitrogen removal, and peak flow attenuation.
1 c. Diffuse Flow Documentation Click the upload button or drag and drop files here to attach document
09-EWP20000-SW Plan Map.pdf 2.36MB
PDF only
F. Supplementary Information
Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
• Yes
No
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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes
No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface
Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
2b. Is this an after -the -fact buffer authorization application?
Yes
• No

2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
A Notice of Violation of the Sedimentation Pollution Control Act and General Permit
NCG010000 to Discharge Stormwater Under the National Pollutant Discharge
Elimination System for Construction Activities (Project ID WAKE-2021-059) was
issued by the Land Quality Section of NCDEQ on October 22, 2021 for land
disturbing activities occurring outside of the approved limits and failure to prevent off -
site sedimentation. A Notice of Violation - Notice of Intent to Enforce (NOV-2021-PC-
0538) was issued on January 26, 2022 (after three attempts) by the Division of Water
Resources (DWR) for stream standard violations, failure to secure a 401 certification
to install a temporary crossing at Area 1, and failure to pay compensatory mitigation.
The applicant worked with the Land Quality Section and DWR to correct these
deficiencies. The site has been brought into compliance with its sediment & erosion
control plan. The temporary crossing was removed and restored, including sediment
downstream of the crossing. An inspection on December 20, 2021 by agency
personnel determined the restoration of the temporary crossing to be successful. The
required compensatory mitigation has been paid (receipt attached). Agency
personnel will be contacted to conduct a final inspection once construction in all
impact areas is complete.
As requested by DWR personnel, the applicant has also agreed to remove topsoil
above the bedrock at the stormwater outlet's connection to the receiving stream to
prevent erosion anticipated to occur due to a vertical streambank. This work will be
completed by excavation and will not impact the lateral extent of the jurisdictional
stream. The topsoil will be placed outside the riparian buffer and used to supplement
areas within the limit of disturbance.
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments: Click the upload button or drag and drop files here to attach document
10-SAW-2021-00734 - NWP 39 Verification. pdf 1.52MB
11-EWP20000-Athens 4-401 Approval-2021-06-
477.63KB
03.pdf
12-EWP20000-Athens 4-13A Approval -2021-06-03.pdf 517.74KB
PDF only
Additional Comments:
H. Sign and Submit
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions
Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the application form."
Print Name:* Jennifer Burdette
Signature
�.r �yta9.�rd,erH
Submission Date: (Auto populated field)

Initial Review
Is this accepted into the review process?*
Is this project a public transportation project?*
ID#*
Version:
Select Reviewer:
Select Reviewing Office*
Has payment been received?*
Yes No
Yes
No
20201897
2
Colleen Cohn:eads\cmcohn
Raleigh Regional Office - [phone]
• No Payment Needed
Fee Received
Need Fee - send electronic notification