20201897 Ver 3_Riparian Buffer Authorization Request_20220831

Buffer Authorization Application Form
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form -
Update 10/23/2018
Water Reources
ENVIRONMENTAL QUALITY
Original Submittal 8/31/2022
A. Owner/Applicant Information
General Information
Primary Contact Email:*
Who is submitting the application?*
1. Property Owner Information:
la. Name on Recorded Deed:*
1b. Responsible Party:
lc. Mailing Address:*
ld. Telephone:* 919-707-3033
[e-mail]
Please list the contact person's email for questions or payment on this project if needed.
Owner
Applicant other than Owner
Agent
State of North Carolina
c/o David Smith, NC Dept. of Agriculture &
Consumer Services
(for Corporations)
Street Address
1001 Mail Service Center
Address Line 2
City State / Province / Region
Raleigh NC
Postal / Zip Code Country
27699 US
2. Applicant's Information (if different from owner):
2a. Name:
2b. Company Affiliation:
2c. Mailing Address:
le. Email Address:* [e-mail]
Lee Perry
East West Partners Management Co.
Street Address
1450 Environ Way
Address Line 2
City State / Province / Region
Chapel Hill NC
Postal / Zip Code Country
27517 US
2d. Telephone: [phone]
2e. Email Address: ([e-mail]

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
Postal / Zip Code
3d. Telephone:
3e. Email Address:
State / Province / Region
Country
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
1a. Name of Project:*
Project Athens - Area 4
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
Yes
No
Id. Subdivision Name:
le. Nearest Municipality: Raleigh
If. Property Size: 45.00
acres
1g. County (or Counties) where the project is located:*
Wake
Ih. Property ID#
0784132319
Tax PIN or Parcel id
1 i. Deed Information
Date of Purchase
10/20/1978
Type of Book
Book#
Page#
Deed
002672
00073
Map
1978 Vol 6
1696

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. Three previously permitted road
crossings (two culverts and one bridge) have been constructed. Figure 1 depicts the
location of the project area on the US Geological Survey (USGS) Raleigh West, NC
7.5-minute quadrangle topographic map. Figure 2B shows the location of the project
area on the Wake County Soil Survey map. Figure 3 depicts the subject property on
an aerial photograph of the area.
3b. Attach an 8'/2 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'/z 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 project was originally permitted in 2021. A gravel parking area with two access
roads and a stormwater control measure have been constructed. These access
roads cross three stream channels (two culverts and one bridge) and adjacent
wetlands. A revised buffer authorization was issued in April 2022 to add riparian
buffer impact area for construction of the bridge. On August 22, 2022, Stephanie
Goss with NCDEQ conducted a site inspection. Ms. Goss noted a stormwater
discharge at the bridge (Impact Area 1) that was not permitted. A new stormwater
outlet constructed of riprap and excessive riprap above and below the new culvert
had also been constructed at Impact Area 2 that was also not permitted. This
application requests after -the -fact authorization for the stormwater discharge at
Impact Area 1. The unpermitted stormwater outlet and excessive riprap at Impact
Area 2 will be restored at indicated later in the application and in the attached
McAdams Impact Map set.
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-Athens - Impact Maps.pdf 2.99MB
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?*
5b. Who did the determination on the jurisdictional areas?
Who did the determination?
List name if known
Date
Attach
Agent/Consultant
Alec Pierzga
(Name if known)
11/03/2020
07-
EWP20000_...
4 PJD Map.pdf
101...
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
2/16/2022
1
6/3/2021
4/6/2022
6c. Please explain and detail according to "help file" instructions.
This project was permitted, as shown and described above. The NWP 36, 401 WQC,
and most recent buffer authorization are attached. The buffer mitigation for the
project has been paid as shown in the attached Wildlands Holdings receipt.
7. Future Project Plans
7a. Is this project a phased project?*
C. Proposed Impacts Inventory
Buffer Impacts
Yes
• No
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 02B.0250)
Tar -Pamlico River Basin (15A NCAC 02B.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)
Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
Buffer Authorization
Buffer Authorization
J
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type
Zone 1
Zone 2
B1 - SW Outlet
Impact Area 1
Map label (e.g. Road
Crossing 1)
S1 - UT to
Richlands
Ck
Permanent
(P)
Perm or Temp
Allowable
82.00
Square
Feet
0.00
Square
Feet
Total Zone 1 Impacts: 82.00
Total Zone 2 Impacts: 0.00
Total Buffer Impacts: 82.00
Comments:
The stormwater discharge is the underdrain for the bridge abutment. See the impact
maps set for calculations showing the discharge meets the requirements of 15A
NCAC 02B .0714 (9)(b)(iii).
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.
The stormwater draingage pipe is 4 inches in diameter and did not require buffer
clearing for installation.

1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The NC Department of Environmental Quality has approved the projects sediment
and Erosion Control Plan. The project also complies with the supplementary NPDES
Construction Stormwater Permit (NCG010000).
E. Diffuse Flow Plan
la. 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
v 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.
lc. Diffuse Flow Documentation
F. Supplementary Information
Environmental Documentation
Click the upload button or drag and drop files here to attach document
09-EWP20000-SW Plan Map.pdf 2.36MB
PDF only
la. 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?
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 was 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 was paid (receipt attached).
Stephanie Goss with DWR conducted the most recent follow-up inspection of the site
on August 22, 2022. As mentioned above, Ms. Goss pointed out the following areas
of noncompliance. The applicant's response to each area of noncompliance follows
each item noted.
1. Impact Map - Area 1 — Bridge Crossing
a. A 4-inch diameter pipe had been installed within the riparian buffer outside the
permitted limit of disturbance to provide a discharge point for stormwater collected by
the underdrain of the bridge abutment.
This application has been prepared to request after -the -fact authorization for this
stormwater discharge. The application quantifies the riparian buffer impact and
provides calculations showing that the discharge meets the requirements for
stormwater runoff through the riparian buffer under 15A NCAC 02B .0714 (9)(b)(iii).
b. Riprap was installed at the base of the bridge abutments but was not shown on the
impact map provided in the application.
The riprap was not installed outside the permitted limit of disturbance but has been
added to the attached Impact Map - Area 1 Map for clarity.
c. Turbid water and a sediment coating across the bottom stream with some pockets
of sediment a few inches deep remained after hand cleanup in response to a
previous inspection.
The contractor will continue to seed and mulch to stabilize slopes and remove the
sediment by hand.
2. Impact Map - Area 2
a. A riprap stormwater outlet into the stream above the culvert had been installed.
The outlet impacted a jurisdictional wetland adjacent to the stream and is a new
stormwater conveyance through the buffer that does not comply with the buffer rule.
This outlet was constructed to carry off -site drainage from Mt. Vernon Road to the
stream.
Based on the City of Raleigh stormwater information available on iMAPS shown in
Figure 5, the project engineer believed stormwater from Mt Vernon Rd daylighted on
the northwest side of Mt Vernon Rd. A new stormwater outlet was installed slightly to
the southeast, directing stormwater flow toward the natural valley. Erosion along this
stormflow path prompted the contractor to install riprap protection along the lower
end of the outlet and into the stream channel. Additional investigation of the existing
stormwater system revealed that stormwater did not daylight, as shown in Figure 5. A
junction carries this stormwater to the other side of Mt. Vernon Rd. The new culvert
will be removed, and stormwater will be redirected back to its original path, as shown
on Impact Map - Area 2B. All riprap will be removed from the stormwater outlet,
including within the adjacent wetland and riparian buffer, as indicated on Impact Map
- Area 2A.
b. On the upstream end of the culvert, excessive riprap was noted within the stream
channel and beyond the extent of the riprap present in the channel before the
construction of the road crossing.
Riprap outside the extent of the existing riprap will be removed and within the
channel to re-establish pre -construction channel dimensions as indicated on Impact
Map - Area 2A.
c. Excessive riprap was also noted within the stream channel on the downstream end
of the culvert.
Riprap will be removed from the channel to re-establish ore -construction channel

dimensions as indicated on Impact Map - Area 2A.
d. Sediment in the channel downstream of the road crossing.
The contractor will remove the sediment by hand.
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
09-Project Athens - Area 4 Parking Lot - MCTC 02-
02-2022.pdf
10-SAW-2021-00734 - NWP 39 Verification.pdf
11-EWP20000-Athens 4-401 Approval-2021-06-
03.pdf
12-Athens-Area 4_NBR_Wake v2 2022-04-06.pdf
13-Athens IMAPS_Fig5.pdf
PDF only
Additional Comments:
Nationwide Permit 39 - 7/6/2021
401 Approval - 6/3/2021
Buffer Authorization - 4/6/2022
Wildlands Mitigation Reciept
Figure 5. Wake County iMAPS Raleigh Stormwater map is attached.
H. Sign and Submit
By digitally signing below, I certify that:
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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")
o 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
o I intend to electronically sign and submit the application form."
Print Name:* Jennifer Burdette
Signature
erwayetiti-n9�r�.rr
Submission Date: (Auto populated field)

Initial Review
Is this accepted into the review process?*
Is this project a public transportation project?*
Yes No
Yes
No
ID#* 20201897
Version:* 3
Select Reviewer: * Colleen Cohn:eads\cmcohn
Select Reviewing Office* Raleigh Regional Office - [phone]
Has payment been received?* • No Payment Needed
Fee Received
Need Fee - send electronic notification