20140377 Ver 1_Riparian Buffer Authorization_20140410

WITHERS &- RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
115 MacKenan Drive
Cary, North Carolina 27511
[phone]
FAX [phone]
TO: NC Division of Water Resources
512 N. Salisbury Street;
9`h Floor
ATTENTION
Ms. Karen Higgins
PHONE # [phone]
Raleigh, NC 27604
Buffer Authorization Request Submittal
02090539.00
Buffer Authorization Request
WE ARE SENDING YOU
® Attached
❑ Shop Drawings
❑ Prints
❑ Copy of Letter
❑ Change order
DATE April 10, 201
IOBNO. 02090539-00
ATTENTION
Ms. Karen Higgins
PHONE # [phone]
RE: Creative Schools Daycare
Buffer Authorization Request Submittal
02090539.00
Buffer Authorization Request
1
4/10/2014
02090539-00
[:]under separate cover via
❑ Plans ❑ Samples
❑ Diskette ❑
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
4/10/2014
02090539.00
Buffer Authorization Request
1
4/10/2014
02090539-00
CD of Application Packet
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted ❑ Resubmit
❑ For your use ❑ Approved as noted ❑ Submit
❑ As requested ❑ Returned for corrections ❑ Return
❑ For review and comment ❑
copies for approval
copies for distribution
corrected prints
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPYTO: File SIGNED: Martin Richmond
If enclosures are not as noted, kindly notify us at once.
20140377

20 1 403 7
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
April 9, 2014
Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 —1650
Re: Riparian Buffer Authorization Application
Creative Schools Daycare
1201 Old Raleigh Road, Apex NC Wake County
W &R Project ID 02090539.00
Dear Ms. Higgins,
Do
APf� 1 0 ZUi4�
N_-o A A y
On behalf of Preschool Enterprises, LLC we are requesting authorization for riparian buffer impacts
totaling 798 sq ft of permanent impacts for construction of a stormwater BMP outfall associated with
a constructed wetland at the subject facility.
The project is located at 1201 Old Raleigh Road, in Apex, Wake County, NC (35.7347 °N; -78.8393 °W)•
The nearest water body is an intermittent Unnamed Tributary to Williams Creek, located in the Neuse
River basin. The Water Quality Classification for Williams Creek is WS -III; NSW and the Stream Index
Number is 27-43-2• The hydrologic cataloging unit for the site is 03020201.
Proposed Project
The proposed project consists of the construction of a daycare facility, with a stormwater wetland
BMP and associated high -flow outfall. The only proposed impacts will be to the riparian buffers for
the construction of the required outfall.
Proposed History
A stream buffer determination and Intermittent /Perennial determination was conducted by Lauren
Witherspoon of NC DWR in July 2olo. A copy of the determination letter dated August 19, 2010 is
included with this packet.
Proposed Impacts
The proposed impacts consist of 798 sq ft of permanent impacts to riparian buffers (Zone 1: 393 sq
ft; Zone 2: 405 sq ft) for the construction of a subsurface drainage pipe (with vegetated cover), a
115 MacKenan Drive I Cary, NC 275111 tel: [phone] fax: [phone]
www.withersravenel.com I License No. C -0832

Creative Schools Daycare
1201 Old Raleigh Rd Apex, NC
April 9, 2014
Rare d -end outfall, and dissipation pad providing diffuse flow. There are no proposed stream or
wetland'impocts associated with the project.
Avoidance and'Minimization
The overall project was designed to avoid stream and buffer impacts to the maximum practical
extent. The proposed BMP'was designed to meet criteria specified in the Stormwater BMP manual,
including required high -flow outall and water quality draw down within 2-to-.5 days. Due to location
of stream and property lines, non - impact areas are not available. The permanent impact is limited to
necessary footprint for function and maintenance.
Mitigation
Because the new stormwater outfall is associated with a BMP designed to control nitrogen and
attenuate flow before discharging into the buffer, this usage is categorized as "Allowable" and does
not require mitigation.
Summary
This request is for authorization of 798 sq ft of permanent impacts to riparian buffers (see the
attached maps,and,Riparian Buffer Authorization Form for details).
Please feel free to call me at (919) 535 -5206 (direct line) or [phone] (mobile) if you have
questions or require additional information.
Sincerely,
Martin Richmond
Environmental Scientist
Attachments:
• Riparian Buffer Authorization Form
• Agent Authorization
• USGS- Location Map
• USGS Quad Map
• Wake County Soil Survey
• DWQ Buffer Determination Letter — August 19, 2010
• Overall and Detailed Buffer Impact Maps
WITHERS CS,- RAVENEL Page 2 of 2
EN 6INE I v. E I SUNVEY

20 1 40 3 7 7
DWft State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization
FORM: BA 10 -2013
Riparian Buffer Authorization Form
A.
Applicant Information
1.
Project Information
1 a.
Name of project:
Creative Schools Daycare
1 b.
County:
Wake
1c.
Nearest municipality:
Apex, NC
1d.
Subdivision name:
N/A
1 e.
Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer 1f below.
❑ Yes ® No
1f.
Is the project located within a NC Division of Coastal
Management Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Owner Information
2a.
Name on Recorded Deed:
Preschool Enterprises, LLC
2b.
Deed Book and Page No.
Book 014104 Page 00571
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
2d.
Responsible Party
(for Corporations):
Brad Hester, Vice President
2e.
Street address:
2139 Valleygate Rd.
2f.
City, state, zip:
Fayetteville, NC 28304
2g.
Telephone no.:
919.864.1213
2h.
Fax no.:
2i.
Email address:
brad.hester(a creativeschools.com
3.
Applicant Information (if different from owner)
3a.
Applicant is:
❑ Agent ❑ Other, specify:
3b.
Name:
3c.
Business name
(if applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
4.
Agent/Consultant Information (if applicable)
4a.
Name:
Martin Richmond
4b.
Business name
(if applicable):
Withers & Ravenel
4c.
Street address:
115 MacKenan Drive
4d.
City, state, zip:
Cary, NC 27511
4e.
Telephone no.:
919.469.3340 x 206
4f.
Fax no.:
919.467.6008
4g.
Email address:
mrichmond(a)withersravenel.com
FORM: BA 10 -2013 Page 1 of S

B.
Project Information and Prior Project History
1.
Property Identification
la
Property identification no (tax PIN or parcel ID)
0742727307 000
,lb
Site coordinates (in decimal degrees)
Latitude 35 7347 0N
Longitude - 788393 °W
1c
Property size
±3 52 acres
'2.
Surface Waters
2a
Name of nearest body of %aterto proposed project
UT to Williams Creek, Stream'Index 27=43 -2
,2b
Water Quality'Classification of nearest receiving water
WS -Ill, NSW
2c
River basin
Neuse River (HUC 03020201)
3.
Project Description
3a
Describe the existing conditions on the site and the- general land use m,the vicinity of the project at the time of this
application
Subject, parcel is cufrently,undeveloped forested woodland' Surrounding adjacent parcels consist primarily of
single - family residential to the north, east, and south Large -scale commercial use (Vineyard Station Shopping
Center) to the west
3b
Attach an 8'/2 x 11 excerpt from the most`recent version of the USGS topographic map indicating the location of
the site
3c
Attach,an 8'/2 x 11 excerpt,from the most recent version of the published County NRCS Sod Survey Map
depicting the project,site
3d
List the total estimated linear feet of all existing streams (intermittent.and perennial) on the property
Approximately 170 Iinearfeet.intermittent stream
3e
Explain the purpose of the proposed project
Construction of stormwater wetland overtlow,discharge
3f
Describe the overall project in detail, including the type of equipment to be used'
Outlet structure is required as part of the overall Stormwater BMP design Proposed materials consist of
subsurface drainage pipe (with vegetated cover), a,flared -end outfall, and dissipation pad
4.
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property/
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments
4b If yes, who delineated the jurisdictional areas?
Name (if known) Lauren Witherspoon
Agency/ Consultant Company NC,DWR
Other
4c
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Stream Buffer'Determinahon letter issued August 19, 2016 (NBRRO #10 -420)
5.
Project History
5a
Have permits or certifications been requested or obtained for this
project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b
If yes, explain and detail according to "help file" instructions
6.
Future Project Plans
6a
Is'this a phased' project?
❑ Yes ® No
6b
If yes, explain
FORM BA,10 -2013 Page 2 of 5

C. Proposed Impacts Inventory
Impact Justification and Mitigation
1.
1. Buffer Impacts
la
Specifically describe measures taken to avoid or minimize the proposed impacts inAesigning project
la Project is in which protected basin?
® Neuse
❑ Tar - Pamlico ❑ Catawba
and water quality draw down within 2 -to -5 days Due to location of stream and property lines, non - impact areas
❑ Randleman ❑ Jordan ❑ Goose Creek
lb Individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section,D of this
form
Work area will be accessed from high ground Construction impacts will be constrained to area of permanent
Buffer impact
Reason for
Type of impact
Stream name
Buffer
Zone 1
Zone 2
number—
impact
(exempt, allowable,
❑ Yes ® No
mitigation
impact
impact
Permanent (P)
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
allowable w/ mitigation)
calculate the amount ofmitigation required in the table below
required?
(sq ft)
(sq ft)
or Temporary
Required mitigation
(square feet)
B1 ® P ❑ T°
Construction of
Allowable
UT to Williams
❑ Yes ® No
393
405
stormwater
1 5
Creek
Total buffer mitigation required:
overflow outfall
If buffer mitigation is required, is payment to a
❑ Yes ❑ No
mitigation bank or NC EEP proposed?
2d
If yes, attach the acceptance letter from the mitigation bank or NC EEP
Total buffer impacts
393
405
1c Comments
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la
Specifically describe measures taken to avoid or minimize the proposed impacts inAesigning project
Project was designed to meet criteria specified In Stormwater BMP manual, Including required high -flow outfall
and water quality draw down within 2 -to -5 days Due to location of stream and property lines, non - impact areas
are not available Permanent impact Is limited to necessary footprint for function and maintenance
1 b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Work area will be accessed from high ground Construction impacts will be constrained to area of permanent
impact Work area will be Included In required erosion and sedimentation control plan area of disturbance Initial
clearing will be with m►n►mum,►mpact equipment (hand tools where applicable) Stabilization will occur within, 14
days (per Storrnwater,BMP Manual)
2.
Buffer Mitigation
2a
Will the prolectsesult in an impact within;q protected riparian buffer that requires buffer
❑ Yes ® No
mitigation?
2b
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount ofmitigation required in the table below
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square,feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
Total buffer mitigation required:
2c
If buffer mitigation is required, is payment to a
❑ Yes ❑ No
mitigation bank or NC EEP proposed?
2d
If yes, attach the acceptance letter from the mitigation bank or NC EEP
2e
If no, then discuss what type of mitigation is proposed
2f
Comments
FORM BA 10=2013 Page 3 of 5

E. Diffuse Flow Plan
All buffer Impacts and high ground Impacts require diffuse flow or other form of
❑ Diffuse flow
stormwater treatment Include a plan that fully'documents how diffuse flow °will be
® Other BMP
maintained If a Level Spreader is proposed, attach a Level Spreader Supplement Form
la
If due4o site constraints, a' BMP otherthan a level spreader is proposed, please provide a
❑ Yes ' ®'No
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
public (federal /state) land?
Manual and,�attach a BMP Supplement Form
lb
The constructed wetland BMP provides nutnent reduction and diffuse flow, however, a
❑ Yes ❑ No
dissipation pad ►s,provided as part,of outfall structure- Size and footprint is based on
environmental document pursuant to the requirements of the National or State (North
expected flow and topographic restraints Detail is provided in attached impact exhibit
F.
Supplementary Information
1.
Environmental Documentation
la
Does the project involve an expenditure of public (federal /state /local) funds or the use of
❑ Yes ' ®'No
public (federal /state) land?
lb
If you answered "yes' to the above, does the project require preparation of an
❑ Yes ❑ No
environmental document pursuant to the requirements of the National or State (North
Carolina) Environmental Policy Act (NEPA /SEPA)?
1c
If you answered "yes" to the above, has the document been finalized'by the State
❑ Yes ❑ No
Clearing House? (If so, attach a.copy of the NEPA or SEPA final,approval letter)
Comments
2.
Violations
2a
Is the site In violation of DWR Wetland Rules (15A NCAC 02H 0500), Isolated Wetland
❑ Yes ® No
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 permit application?
❑ Yes ® No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
Martin Richmond
Applicant /Agent's Printed Name
Applicant/Agent's Signature
slid only if awauthorization lefter from the applicant is
Send 3 complete sets of this form and accompanying'documents to the following
April 9,
2014
For all other projects sent by First Class Mail For,all otherprojects sent by delivery service
via the US Postal Service (UPS, FedF_x, etc)
Karen Higgins OR Karen Higgins
NCDWR — 401 & Buffer Permitting 'Unit NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center 512 N Salisbury Street
Raleigh, NC 27699 — 1650 Raleigh, NC 27604
Date
FORM BA 10 -2013 Page 4 of 5

AGENT AUTHORIZATION

WITHERS �� RAVENEL
Pp -;,41F FMS -,',I n; II- h4V :("Pb
AUTHORITY-FOR APPOINTMENT OF AGENT
The undersigned Owner Preschool Enterprises, LLC (Client) does hereby appoint Withers &
Ravenel. Inc as his, her, or it's agent for the purpose of petitioning the appropriate local, state
and federal environmental regulatory agencies (US' Army 'Corps of Engineers, ,NC Division of
Water Quality, NC Division of Coastal Management, local municipalities, etc ) for a) review and
approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters,
riparian buffers, etc) and /or, b) preparation and submittal of appropriate environmental permit
applications/requests1for the Creative Schools Daycare.
The Client does hereby authorize that said agent has the authority to do,the following acts on
behalf of the owner
(1) To,submrt appropriate requests/applications and the required, supplemental
materials,
(2) To attend meetings to give representation on behalf of the Client
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies
This authorization shall continue in effect until completion of the contracted task or termination by
the Client L�
Date
Agent's Name, Address & Telephone Signature of Client
Troy Beasley / Withers & Ravenel, Inc 96a c +t Vim, &X IQ f'i'r
(N Print) (Title)
1410,Commonwealth Drive, Suite 101
Wilmington, NC 28403 tgn _ ure
-Tel, (9101 -256 =9277 _ �j 3 `J_ "f�� �1�4, D4 _
- Mailing Address
City State Zip
Phone. _1 I?- B 91-I2V
Email by . ke,afey-�: 9, 6rea.-(f v SJc oo &- C0,0*7
115 Mac Kenan Drive. Cary, NC 27511 1 e 919 469 3340 fax Qf9 467 -6008 www witheisravFnel r-0n1 l irPn ,e No C -0832
1410 Commonwealth Drive i Swlt- 101 Wilmington, NC 2840) tel X910 256 9277 fax [phone]
7011 Albert Pick Road Suite G Greensboro, NC 271,09 tel. [phone] fax [phone]

USGS TOPO MAP
WAKE CO. SOIL SURVEY

-►
. r
v,,,r
)a
�,c'
rht
VIA
FOL %
tv
10,0 '
\
,
4
lip
401
6,;
r
it
/
yPy?'
�� �,,,.eJ
T bra'
y , 1
�•�'
�� w4r*�_
+T?�_
f •w ��
\,t
Alt
i
ki-
rN
Alf
►i �
_..�
.!
V +1
;1111JtA
�_
` \�
+�,{
4�

J
W
Z=
W�
■
r
i r
i
.`w J
Hw�yy •
1i s
Wr
I`
L i
+ F r
i
I
�D
H
I W
t/'J
LLJ
CC
D
V)
J
Z
W
Y
Q
w r
Q �
U
Y
Q
W S J
J O /
U p
O O
U N u
1 V)
W
Q C
F-
V w
U

NC DWR STREAM BUFFER DETERMINATION LETTER
AUGUST 19, 2010

-AAA
NCDEE WIRR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Troy Beasley
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403
BASIN.
® Neuse (15A NCAC 2B .0233)
Division of Water Quality
Coleen H. Sullins
Director
August 19, 2010
® Ephemeral /Intermittent/Perennial Determination
Project Name:
Creative Schools
Dee Freeman
Secretary
NBRRO# 10 -120
Wake County
❑ Tar - Pamlico (15A NCAC 2B .0259)
❑ Isolated Wetland Determination
Location/Directions: Northeast quadrant of Apex Peakway and Old Raleigh Road
Subject Stream: UT to Swift Creek
Date of Determination: 7/12/2010
Feature
E /I /P*
Not
Subject
Subject
Starts
Stop(a Soil
i Survey
USGS
Topo
A
t
X
Flag #I
X
•E✓1 /P = EphemeraUlntermittent/Perennia!
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
'Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify, it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
As a result of the site inspection and conversations with you, it is my understanding that you want to put an
addition on the house which would fall within the 50 foot Neuse River Riparian Buffer. You may apply for a
variance in order to construct the house within the buffer and must meet the hardships listed in Section (9) of
this Rule (see attached sheet) in order to qualify for a variance.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands /401 Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604 -2260.
Sty` Carolina
Naturidy
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www.nawaterqualo.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal OpportunitylAl irrnative Action Employer-50% Recycled/10% Post Consumer Paper

Creative Schools
Wake County
Page 2 of 2
If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o 'Nary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality (Central Office) at (919)-733 -1786, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919) -876 -8441.
Respectfully,
Lauren Witherspoon
Environmental Senior Specialist
cc: Wetlands; Stormwater Branch. 2321 Crabtree Blvd, Suite 250. Raleigh, NC 27604
RRO /SWP File Copy

. �
11
rw 0
\ \',
�.
�
.�
�
�� y �

} + M ■
1 E.
R
re
u
7
ate►
W
J
V �pp
V1 O
V�
_ r
V�
k.
�11fn��
Q
r�GC
1 a
0
r,
r
Is
moo
0
J
Z'
r
W•
i
r
■
■
■
Y:
I�
F=
2
2
y
00
c
LA
w
-o
'0
7
V
y
a
L
00
y
Z
n
3
u
a�
u

BUFFER IMPACT EXHIBITS

r
Y
a
3
X
aW
Q
AKVV
AP
MC . .
�W
Z... N
� WF
(A of
W N d
IL =
Q
a
� a
w d
W =
m
J
d a
a a
= o
V N �
� O
U v (
2
U o
fu
U
T
rC
C
O
O Y
U 3
v
III
J ;
w E
Z e E
>:
"28
1-11
Q' •i
1
Id U
=ii
y S
•H
I�1
�1
J
I1 Rp
C
E
C
--
�W
a
E
E
U
N
a�
m
AKVV
AP
MC . .
�W
Z... N
� WF
(A of
W N d
IL =
Q
a
� a
w d
W =
m
J
d a
a a
= o
V N �
� O
U v (
2
U o
fu
U
T
rC
C
O
O Y
U 3
v
III

• -
■
a
I