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HomeMy WebLinkAbout20060711 Ver 1_Individual_20060425 Office Use Only: 2 ~~ (~ o ~ ®rs l n ~ ay1002 USAGE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. II. Processing Check all of the approval(s) requested for this project: ^ Section 404 Permit ^ ^ Section 10 Permit ^ ^ 401 Water Quality Certification Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 2. Nationwide, Regional or General Permit Number(s) Requested: I W ~ P f o o ~ o~ 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: (~f 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 here: ^(~ nom] Applicant Information ~ ~ ~ L5 LI 4/ 1. Owner/Applicant Information APR 1. 3 2006 Name: I-4o i_~~r Qo~ ~ T t LL C, Mailing Address: IoW1Z y-iaDs~G ~,.~Ur~n T~i~. 114ETLAI~.SMIDSTORMWATERaRANGti IZ ~ t~E i 4 al ~ 1.1 c, Z'1 lv i 3 Telephone Number: 9 i ~ • 255 - ~~c~ Z. Fax Number: ~ i y - ~, c s ~-- i ~ q -{ E-mail Address: 2. AgentlConsultant 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: iz w ~+ ~ M ~ ~-~-~ Company Affiliation: TN a r-t p s~ ~.1 ;~ ~~~~c-+.~-r€ s Mailing Address: i s~ 1-1ou...r sacz,lc~s t2c,~~ Telephone Number: ~t~~ 5"71- o~~a g Fax Number: ~ i.Ct _ S ~"t - c~ f'~t E-mail Address: m•11~r. P~ ~ ~~~-F4.1:~-~- n-~-{. ;-~, ,~- A ' ' ' T~ t y~ _': .~ €;~ ~ ,~ Page 5 of 12 j F''.~ ~:.~,' ~a~~~~r , ~~t ;. ,. ---- -- - ~%V(,H 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 ofproject: ~-1 ~~i`~ i'p4a-te: - PN Amt l ~ ~- 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): C3(v3 ~ ~~ ~ LZ Scj 4. Location County: ~~~E Nearest Town: Flo ~~~( SP~~.-l4s Subdivision name (include phase/lot number): 1-~ ~1.c_:r Po ~ ~ t t- PN a ~~ 1 ~ ~ Directions to site (include road numbers, landmarks, etc.): ~,Ag"-( Air-lLi ~VE~'= ~ER-~~ RaAC~ (5R iil~~ RO --t i r~ ~ ~ a F AJ E. r~ t `= E~ InciD ~~ t~ ~'~ b `(~'A s 5 5. Site coordinates, if available (UTM or Lat/Long): t~ 3 5 - 37 ' 5 ~} t,J "~ ~ - Si - 21 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): ~ ~. 7 ~ .4~ 7. Nearest body of water (stream/river/sound/ocean/lake): 1-~ a ~rz- s L,A kE 8. River Basin: ~ APB ~E.<le- (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 thiAAS application: ~C~~~ ~sTE. W STN ~YYP~R-~~•1~i TnUO - ~1~rhLe~.7 -( L,A.» ~~~F]Z- A~•t~.uPKt~ -C L2-E'~•0~1~p~ Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: ec A D c~ ~f ~ V T~ t~ ~Z ~. , ~ S~ au,~-t ov ~ Gdy = pa-t ~ ~ T 3 c. v sc~ 11. Explain the purpose of the proposed work:_.~~~~~Y 5~ E~ ~ T F a ~l ~ ~ 5~-P.~J . ~~ ~ 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. ~ ~ Q 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. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Page 7 of 12 1. Provide a written description of the proposed impacts: `T'E-~Pc~-s~ 2Y r, ~-tQ~ c'r 5 `Ty ~ 't2.CA K W ti ~ ~ Spa ~L t ?s~2Y ~~>~ GQ~ ~ ~ :..l ~s 2. Individually list wetland impacts below: t,~, ~ ~ Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact sepazately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Yeaz floodplains aze identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Cazolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: D • ~ Z- A ~ Total area of wetland impact proposed: a 3. Individually list all intermittent and perennial stream impacts below: ,~ - ~°""L ~ ~ ~P,a Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on ma) (linear feet Before Im act (leases eci ) 'TEMPor~a~ -~~ .a~ 35.1 3 ti.l~aE 5~ zZ ` Ptrz~a ~~,r.~.. 2 ~ ., -a O.ll rio.ler 5.~(0~ ~~ TE-tpvr-++¢-Y Ili-3' ~odt. (o.ZG~ .. '' ~~ )6 Sfr ~1c,~~. ~.~~~ . 5 ~~ ~~ 15.o"T vc U E a ~o, ., * List each impact sepazately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the lineaz footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). ~~ ~ o v E 'S , 7 7. ~ l ~ 7S Cumulative impacts (linear distance in feet) to all streams on site: 1 `f-'3 . (.(© ~G Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: ~~A Open Water Impact Site Number (indicate on ma) T e of Im act* ~ p Area of Im act p (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,ocean, etc.) " List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation ~ ~/k 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 draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to 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. E?~TEr~S- Oal D ` .SA t1 ~'t/~t?~( Sc1J c'~ Do~1~ a~,t,. r3 E~ti~ ~.~ ~aa_v.r ~ ~ ~ ~ r~ ~-- 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 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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/strmgide.html. 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. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ^ No 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 a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 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) -~ f ~ 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No ~ If you answered "yes", provide the following information: 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 (s uare feet) Multiplier Required Miti ation 1 3 2 1.5 Total * Gone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I . Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. 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. -rOw.i CF -aoi.,r~.{ SPA-•~14~ Sd-~+EJL XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No ~, Is this anafter-the-fact permit application? Yes ^ No XIV. 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). pplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page l2 of 12 L • Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com . December 3, 2004 S&EC Project No.: 9214.W2 Holly Pointe, LLC Attn: Lance Williams 10612 Winding Wood Trail Raleigh, NC 27613 ~,~, ~~ ~~~'~ ~~ ~~~. ~,, - ~~ 1?'; Q~c~@od~~ APR 1 3 2006 DENR - WATER QUALITI' YVETLNrD3 AND ST(1FtMWATER BRANCH Re: Detailed Wetlands Delineation and Town of Holly Springs /Proposed Cape Fear River Buffer Evaluation, Holly Pointe Phase II (+/-50 acres), Holly Springs, Wake County, North Carolina Dear Mr. Williams: On December 1, 2004, S&EC personnel completed a detailed wetland delineation and Holly Springs /Proposed Cape Fear River Buffer evaluation on the Holly Pointe Phase II site. The site is located on the north side of Avent Ferry Road (SR 1115) approximately 4000 feet east of its crossing with Norris Branch iri Holly Springs, North Carolina. The site is approximately 50 acres in size. Figure 1 shows the location of the site on a USGS topographic quadrangle. EXECUTIVE SUMMARY We have determined that wetlands and a jurisdictional stream exist on the site. A US Army Corps of Engineers (USAGE; Ms. Jennifer Burdette) and Town of Holly Springs (Ms. Heather Keefer) site meeting was held on December 2, 2004 to verify our wetland delineation, to make "importance" stream calls, and to determine features subject to Holly Springs Riparian Buffers. The attached wetland sketch map depicts the approximate location of wetlands and jurisdictional waters identified on the site. Please refer to the sketch map and the results and recommendations section below for more detailed information. SCOPE OF WORK The detailed wetland delineation consisted of pedestrian reconnaissance of the property to examine the soils, vegetation, and hydrology for the presence of areas that meet the criteria for Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Far• (7(1417?.(1-94(lfi Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336)540-8235 December 2, 2004 S&EC Project #: 9214.W2 Page 2 of 5 jurisdictional wetlands by the procedures described in the Corps of Engineers Wetlands Delineation Manual (January 1987 -Final Report). Areas on the site with positive indicators of hydric soils and evidence of wetland hydrology and hydrophytic vegetation were flagged with sequentially numbered, pink S&EC logo flagging. Proof of wetland hydrology would be the existence of hydric soils with oxidized root channels in the upper 12 inches of the "A" horizon, water borne deposits, drift lines, scour marks, drainage patterns, regional indicators of soil saturation, etc. Surface waters such as intermittent and perennial stream channels, ponds, and lakes, which aze also subject to regulation by the US Army Corps of Engineers (USAGE) as waters of the US, were also identified: These surface waters may also be referred to as jurisdictional waters to indicate that they are within the jurisdiction of the USAGE. It is important to note that wetlands are also classified as waters of the US and regulated by the USAGE.. The Proposed Cape Fear River Basin• Nutrient Sensitive Waters Management Strate~y: Protection and Maintenance of Riparian Areas with Existing Forest Vetietation rules will apply to 50-foot wide riparian buffers directly adjacent to surface waters in the Cape Feaz River Basin (intermittent streams, perennial streams, lakes, ponds, and. estuaries), excluding wetlands. The rule will define surface waters as features approximately shown on either the most recent version of the soil survey map prepazed by the Natural Resource Conservation Service (MRCS) of the US Department of Agriculture (USDA) or the 7.5-minute quadrangle topographic maps prepared by the US Geologic Survey (USGS). Surface waters that appear on these maps will not be subject only if an on-site determination by the NC Division of Water Quality (NC-DWQ) shows that they fall into one of the following categories: 1) Ditches and manmade conveyances other than modified natural streams; 2) Manmade ponds and lakes that are located outside natural drainage ways; or 3) Ephemeral (stormwater) streams. S&EC's Chatham County Riparian Buffers Evaluation and Proposed Cape Fear River buffer evaluation consisted of examining each feature on the site that is shown on the most recent version of the pertinent topographic map or soil survey for applicability to the Cape Fear River Basin riparian buffer rule using NC-DWQ stream evaluation techniques. Figure 2 shows the location of the site on the relevant Wake County Soil Survey map. Holly Springs Buffer Rules According to the Holly Springs Buffer Rules (Cape Feaz Basin Riparian Buffer Protection: 7.06- 24), thirty-foot (30') riparian buffers will be placed on each side of all intermittent and perennial streams, ponds, lakes, and other bodies of water that are shown on the most recent version of the relevant USGS topographic quadrangle and/or Wake County Soil Survey. When conflicts occur between field conditions and the depiction on the USGS or Soil Survey maps, documentation must be submitted for staff consideration. December 2, 2004 S&EC Project #: 9214.W2 Page 3 of 5 RESULTS & RECOMMENDATIONS Wetlands and Jurisdictional Waters: We have determined that wetlands and jurisdictional waters (i.e., a perennial stream) exist on the site. The wetland sketch map depicts the approximate location of wetlands and jurisdictional waters identified within the evaluated area. Jurisdictional waters on-site include feature A, a perennial stream, that flows throughout the north-central portion of the site. This stream was deemed "important" by Ms. Jennifer Burdette of the USACE. All other features (including the pond on property) depicted on the relevant USGS and Soil Survey maps were deemed non jurisdictional. The only jurisdictional wetland on-site includes a bottomland hardwood forest wetland occurring along the floodplain of feature A (flags O 1 to 11 A & l OB). The NC-DENR's "Classifications and Water Quality Standards Applicable to Surface Water and Wetlands of North Carolina" classified surface waters on-site as C. All S&EC flags comprising the wetland and jurisdictional waters delineation should be surveyed and a Wetland Delineation Map generated for use in USACE approval and permitting. All jurisdictional channels should be surveyed at the bank and their widths recorded. The Wetland Delineation Map should include all of the information listed on the attached'Requirements for Wetland Delineation Maps'. S&EC delineation flag numbers should be shown on the wetland survey. Town of Holly Springs /Proposed Cape Fear River Buffers: The surface waters (i.e., intermittent streams, perennial streams, ponds) that could be potentially subject to the Town of Holly Springs /Proposed 50-foot Cape Fear River Buffers include features A through G. No other surface waters are indicated on either the USGS topographic or Wake County Soil Survey maps. The only surface water that S&EC actually believes would be subject to the Holly Springs /Proposed Cape Fear River buffers consist of feature A (throughout its extent along the north-central portion of the site). Ms. Heather Keefer of the Town of Holly Springs verified this determination. REGULATIONS Regulations that apply to jurisdictional wetlands and waters present on the site are discussed below. ProQosed Caere Fear River Buffer Rules It was decided by the Environmental Management Commission that temporary Cape Fear River Basin Rules would not be enacted prior to adopting permanent rules. A specific date has not been set as to when the permanent Cape December 2, 2004 S&EC Project #: 9214.W2 Page 4 of 5 Fear Buffer Rules will be enacted. It is important to note that the decision to not adopt temporary rules can be changed at any time. The buffer rules will protect up to 50 feet from the edge of existing "surface waters" (i.e., intermittent streams, perennial streams, ponds, lakes and estuaries) found within the Cape Fear River Basin. The 50- foot buffer consists of two zones. The~first zone is measured 30 feet landward from the top bank of streams and is intended to contain an undisturbed forested area. The second zone extends 20 feet landward from the edge of the first zone and is intended to contain a vegetated buffer. Grading with re-vegetating is pernussible in Zone 2 (the outer 20 feet of the 50 foot buffer). Mitigation for road crossings is mandatory for impacts greater than 150 feet in width and utility lines running parallel and within Zone 1. Please call if you would like to discuss the uses/allowances within buffered areas. In order for a project not to be subject to these buffer rules, an approved site specific plan for proposed impacts to wetlands and other waters of the US would have to be obtained from the USACE and the DWQ prior to enactment of the rules. Wetland Permitting Wetland impact permits are issued on aper-project basis as determined by the USACE. The USACE has determined that impacts on parcels sub-divided from larger tracts are sometimes considered to be cumulative to existing impacts for the large tract. If this is the case, then thresholds as discussed below may not apply and impacts to wetlands must be considered in light of existing permits. Preconstruction notification to the USACE and the NC-DWQ is not required for wetland impacts that meet the general conditions of Nationwide Permit 39 and that impact less than 1/10 acre per project. Preconstruction notification and approval by the USACE is required for wetland impacts that exceed 1/10 of an acre and /or an stream channel impacts. Preconstruction notification and approval by the NC-DWQ is required for wetland impacts that exceed 1/10 of an acre if the property is west of I-95 or 1/3 of an acre if the project is east of I-95. Preconstruction notification and approval by the NC-DWQ is required for ~ stream channel impacts within buffered basins (i.e. the Neuse, Tar-Pamlico, Randleman, and portions of the Catawba Basins) or for cumulative stream impacts that exceed 150 linear feet in non-buffered basins. If development impacts exceed the thresholds for notification and proposed impervious area for the project exceeds 30%, then stormwater treatment to meet the pollutant removal design standard of 85% removal of total suspended solids (i.e., wet detention basins, stormwater wetlands, bioretention areas, etc.) will likely be required by the NC-DWQ. The maximum permanent impact allowed per project under the nationwide pernuts is 1/2 acre of wetland and/or 300 linear feet of USACE important stream channel. Nationwide Permit 391imits above-grade fills within 100-year floodplains specifically prohibiting above-grade fill within the floodway. Additionally, Nationwide Permit 39 limits stream channelization and relocation to streams with an average annual flow of less than lcfs. Per project impacts to vegetated wetlands in excess of 1 acre or impacts to streams that contain "significant aquatic function" in excess of 1501inear feet will most likely require mitigation by the NC-DWQ. The USACE may require mitigation for any wetland/jurisdictional waters impacts. Actual mitigation requirements are typically determined on a case-by-case basis. Wetland mitigation is a complex process that requires planning and monitoring. S&EC will discuss mitigation issues with you if we believe your project may require mitigation. Impacts to channels containing "significant aquatic function" in excess of the notification thresholds may require mitigation. Channel mitigation is typically intended to replace lost significant aquatic functions and values. Relocating channels is considered to be an adverse impact and typically results in mitigation within the new channel. Therefore, this type of mitigation usually requires that meanders be created within constructed channels. Side-slopes and beds be vegetated; riprap is discouraged. A complete NC-DWQ 401 Water Quality Certification application for a Nationwide Permit has a maximum 60-day processing period. A complete USACE Nationwide Permit application has a 45-day processing period, while Individual Permit applications submitted to the USACE have no maximum processing periods. The USACE requires that all impacts to wetlands or Waters of the US, less than 1/10 acre, be reported to the USACE within 30 days of the completion of construction: December 2, 2004 S&EC Project #: 9214.W2 Page 5 of 5 Nationwide Permits can potentially be utilized if the project is designed to impact up to 1/2 acre of jurisdictional wetlands or waters of the US including a maximum of 3001inear feet of important stream channel impact under NWP 39. Cumulative impacts per project over these nationwide thresholds will require an individual permit. Individual Permits require an analysis to determine that the proposed impact is the least environmentally damaging practical alternative, typically require compensatory mitigation, notification to adjacent property owners, a public notice, and may require a public hearing. All impacts greater than 1/10 acre require written justification. ADDITIONAL SERVICES If you choose to have us perform additional work, the following is a listing of additional services: (1) Notification to the USACE and NC-DWQ regarding impacts to jurisdictional-areas and riparian buffers and permitting issues, if required. This additional work can be completed at our hourly rates or a proposal can be generated. Please advise. Please call me if you need further explanation of the information provided.. Sincerely, ~ ~.~_ Aaron Cooper Botanist /Environmental Scientist Attachments: USGS Topographic Quadrangle Wake County Soil Survey Wetland Sketch Map Requirements for Wetland Delineation Maps Project: Scale: 9214 W1 1":2000' Project Date: IAgr~ SC 11n4N4 Figure 1- USGS Map New Hill, Cokesbury, Apex & Fuquay Quadrangles Holly Pointe Phase 2 Holly Pointe LLC Wake County, NC ~ Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com - APR 1 3 2006 DENR - WATEk gUALi'IY WETUWDS AND STORMVYATER BRANCH APR 1 3 2006 l7~NR - WpTEf~ G1UALl1"r.,~ Project(: swage: Figure 2-Soil Survey 9214.W1 1 :1320' ($heet 89) Project Date: ~ Soil & Environmental Consultants, PA IAgr.: SC 11f24l04 11010 Raven Ridge Rd.• Raleigh, NC 27614 Holly Pointe Phase 2 Holly Pointe LLC (919) 846-5900 • (919) 846-9467 Wake County, NC Web Page: Www.SandEC.com REQUIREMENTS FOR WETLAND DELINEATION MAPS Revised 9/1 I/02 1. Location of each point (wetland flags & channel locations) on the map; including a tick mark, with a descriptive number (i.e. the actual flag number as hung in the field or sequential numbers assigned by surveyor for channel locations). These points need to be legible in order for S&EC to verify that all of our wetland flags and channel locations were surveyed and connected properly. 2. Listing of each point's northings and eastings (NC coordinate grid) or metes and bounds. If metes and bounds are used, wetlands must be tied to a property corner or other known point and ties shown on the map so that the survey could be replicated in the future. 3. Closure of all wetland boundaries resulting in distinct polygons and width of channels or linear wetlands labeled as marked on S&EC flags. Total wetland acreage should be indicated for each polygon and for the total site. 4. Property lines must be closed and entire property or parcel must be shown. Total property acreage and total acreage of jurisdictional wetlands and waters within the evaluated areas should be listed. If any part of the property was not evaluated, the areas should be clearly identified and labeled. 5. Maps should show as least the property and wetland lines (topo lines are optional). The map should include a vicinity map and be prepared on: 1. Sheets no larger than 11 x 17". If multiple sheets are used, match lines must be shown and there must be overlap, and a master map of the whole site showing the sheets matched with each other must be included. - or- 2. On any size sheet if a digital file is provided with the paper copy in an AutoCad 14 or earlier version, .dxf, .dwg or Microstation compatible format. 6. All surveys must be signed and sealed by the surveyor. Map title should be "Wetland Delineation for Project Name." Map must have title, north arrow, and bar scale. The following corps sign off title block should be included on the map: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual" Name: Title: Date: 10. The survey should indicate that wetlands were delineated by Soil & Environmental Consultants, PA. Contact S&EC if any difficulties in map interpretation occur, or if these instructions are not clear. .. {?~1~~ f f J'• > ..... __