HomeMy WebLinkAbout20041111 Ver 2_More Info Received_20050710
imap://debbie.edwards%40dwq.deny.ncmail.net@cros.ncmail.net:143/...
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Subject: RE: brightleaf mitigation
From: "Todd Preuninger" <tpreuninger@sandec.com>
Date: Sun, 10 Ju12005 13:40:13 -0400
To: "'Debbie Edwards"' <debbie.edwards@ncmail.net>
CC: "'Gil Squires"' <gsquires@rheinnc.com>,"'Carol Shaw"' <carol.shaw@ncmail.net>
Debbie,
I found a mistake in the final permit application.
Remember we discussed that impact 17-3 would not require mitigation?
(This is the area in the northeast corner of the property and ties into
sherron road. Well, this number was still included in the mitigation
totals for buffer impacts.
I have revised the attached pcn form to reflect the tru numbers required
for mitigation.
The total is 375,306 sf (Zone 1 - 94,101 x 3 = 282,303 sf and Zone 2 -
62,002 x 1.5 = 93,003)
Would you please revise this when you re-write the 401 approval.
Carol, I will also need a revised invoice that reflects these changes.
Thanks in advance,
todd
1 of 1 7/18/2005 5:55 PM
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Office Use Only: Form Version May 2002
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12, 18, & 39
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 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: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Rhein Brig_htleaf, LLC -Attention Mr. Jim Medall
Mailing Address: 4000 Westchase Blvd., Suite 310
Raleigh, NC 27607
Telephone Number: 919-834-2766 Fax Number: NA
E-mail Address: NA
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: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: (919)846-5900 Fax Number: (919)846-9467
E-mail Address: Preunin~na,SandEC.com
Page 1 of 10
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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: Brightleaf at the Park
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0850-02-75-7790, 0850-02-85-9943, 0850-04-
83-2103 0850-03-40-5942 0850-04-61-1440, 0850-04-72-0429, 0850-03-21-4274, 0850-03-
30-3502 0850-03-32-3444 0850-03-42-7587, 0759-01-19-9198, 0850-03-01-7009, 0850-03-
02-9321
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Brightleaf at the Park
Directions to site (include road numbers, landmarks, etc.): The subject site is located north
of Hi way 70 approximately 2000 feet northeast of the intersection of Highway 70 and
Sherron Road (SR 1811).
5. Site coordinates, if available (UTM or Lat/Long):035° 57' 7.67" N 078° 48' 49.29"W
(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): +\- 554 acres
7. Nearest body of water (stream river/sound/ocean/lake): Lick Creek
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: The subject property is currently wooded.
Page 2 of 10
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10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the construction of a residential subdivision. Heave equipment associated
with land clearing and construction will be utilized. This subdivision will provide the typical
infrastructure such as sewer roadways, electrical, etc.
11. Explain the purpose of the proposed work: The proposed development is being undertaken
to meet the demand for housing in this area.
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.
S&EC conducted a detailed wetland delineation and Neuse River Buffer evaluation in April and
May of 2003 Wetland delineation maps were approved by Mr. Todd Tu~well of the USACE on
April 12 2004 (AID #200420594). A site visit for stream importance /significance calls was
made on May 11 2004 by Todd Tugwell of the USACE and on May 27, 2004 by Mike Horan of
the NCDWQ.
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.
No future permits are anticipated for this project
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.
1. Provide a written description of the proposed impacts: The proposed permanent impacts
consist of 299 feet of important channel 1,235 linear feet of unimportant channel, 197 linear
Page 3 of 10
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feet of isolated intermittent channel, 0.329 acres of jurisdictional wetlands (NWP 18: 0.03
acres and NWP 39: 0.299 acres), and 0.077 acres of isolated wetlands resulting from road
construction and lot fill. Permanent buffer impacts include 4.19 acres of riparian buffer. The
proposed temporary impacts include 484 linear feet of stream channel and 0.364 acres of
wetlands due to sewer line installment. Temporary buffer impacts consist of 1.87 acres.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
8-2(NWP 12) Temporary .0049 yes 380 Forested Wetland
38A-1(NWP 12) Temporary .019 no 450 Forested Wetland
8 (NWP12) Temporary .1516 no 40 Forested Wetland
9 (NWP 12) Temporary 0.062 no 40 Forested Wetland
10 (NWP 12) Temporary 0.059 no 40 Forested Wetland
I 1 (NWP 12) Temporary 0.067 no 40 Forested Wetland
7 2 (NWP 18) Stormwater
Device .0101 no 40 Forested Wetland
8-3 (NWP 18) Stormwater
Device ,0098 no 45 Forested Wetland
19-8(NWP 18) Stormwater
Device ,0055 no 90 Forested Wetland
38-1(NWP 18) Stormwater
Device .0045 no 90 Forested Wetland
17-3(NWP 39) Road Crossing .0105 yes 0 Forested Wetland
3-13(NWP 39) Road Crossing .0046 yes 75 Forested Wetland
1-1(NWP 39) Fill .036 yes 350 Forested Wetland
1-2(NWP 39) Road Crossing .0167 yes 350 Forested Wetland
1-3(NWP 39) Fill .005 yes 370 Forested Wetland
1-4(NWP 39) Road Crossing .0067 yes 400 Forested Wetland
1-5(NWP 39) Fill .0221 yes 600 Forested Wetland
1-6(NWP 39) Road Crossing .0197 yes 750 Forested Wetland
1-7(NWP 39) Fill and Sewer .0352 yes 780 Forested Wetland
1-8(NWP 39) Fill and Sewer .0545 yes 850 Forested Wetland
12-2 (NWP 39) Road Crossing .0072 no 40 Forested Wetland
37-1(NWP 39) Road Crossing .054 no 250 Isolated Wetland
A-1(NWP 39) Road Crossing .0808 no 0 Forested Wetland
B-1(NWP 39) Road Crossing .0232 no 20 Isolated Wetland
* List each impact separately 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-Year floodplains are 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.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
Page 4 of 10
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List the total acreage (estimated) of all existing wetlands on the property: 10.125 Acres
Total area of wetland impact proposed: 0.7 acres - (0.329 acres perm + 0.364 temp.
0.077 acres of isolated wetlands
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
3-3(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-4(NWP 12) Temporary 40 Lick Creek 10-12' perennial
7-3(NWP 12) Temporary 40 UT to Lick Creek 2-3' intermittent
3-9(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-2(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-14 (NWP12) Temporary 20 UT to lick creek 2-3 intermittent
3-10(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-12(NWP 12) Temporary 40 Lick Creek 10-12' perennial
1 (NWP12) Temporary/
Excavation
30 UT Tributary to Lick
Creek
10'
intermittent
2 (NWP 12) Temporary/
Excavation
12 UT Tributary to Lick
Creek
4'
intermittent
3 (NWP 12) Temporary/
Excavation
42 UT Tributary to Lick
Creek
3'
intermittent
4 (NWP12) Temporary/
Excavation
38 UT Tributary to Lick
Creek
10'
intermittent
5 (NWP12) Temporary/
Excavation 30 Lick Creek 15' perennial
9 (NWP 12) Temporary/
Excavation 32 Lick Creek 15' perennial
3-1 (NWP39) Road Crossing 142 Lick Creek 10-12' perennial
19-9 (NWP39) Road Crossing 246 UT to Lick Creek 2-3 intermittent
3-15(NWP 39) Road Crossing 157 UT to Lick Creek 2-3' perennial
19-3 (NWP39) Road Crossing 377 UT to Lick Creek 2-3 intermittent
20-2(NWP 39) Road Crossing 197 UT to Lick Creek 2-3' isolated, intermittent
12-2(NWP 39) Road Crossing 200 UT to Lick Creek 2-3' intermittent/unimportant
A-1(NWP 39) Road Crossing 290 UT to Lick Creek 4-5' intennittent/unimportant
17-3(NWP 39) Road Crossing 122 UT to Lick Creek 4-5' intermittent unimportant
* List each impact separately 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 linear 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.sov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maPcLuest.com, etc.).
Page 5 of 10
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Cumulative impacts (linear distance in feet) to all streams on site: permanent impacts
consist of 1 235 l.f. of unimportant channel 2991.f. of important channel, 197 1.f. of isolated
channel. Tem~orar~pacts consist of 484 linear feet of channel -total impacts consist of
2 018 linear feet of jurisdictional channel.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
NA NA NA NA NA
* 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
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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.
The applicant requested a detailed delineation of wetlands on property in order to avoid
jurisdictional wetlands and waters to the maximum extend practicable. In order to access the
portions of the property located west of channel 17 a road crossing is required Crossin ag t the
location shown for impact 17-2 allows the applicant to place the impacts as far upstream as
possible It also allows a street pattern that does not require a~ermanent road crossing_impact to
the Neuse Buffer along stream 16. The area around channel 19 is difficult to deal with due to the
location of the drainages the steepness of the topography, the aligmment of the street system, and
the design criteria for the streets. The alignment of the Northern Durham Parkway is set by
NCDOT the Thoroughfare Plan for Durham, and the stringent vertical and horizontal design
standards mandated for this thoroughfare. The required separation between intersections along
the Northern Durham Parkway further dictates the placement of the intersection with Golden
Page 6 of 10
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Belt Parkwayjust west of impact 19-3. Due to the controlled access and intersection separation
requirements associated with the design of this thoroughfare, shifting this intersection to the
north or south would conflict with the ability to provide a second access to Northern Durham
Parkway to the south, or the access to the north which will serve Tract 10 and the proposed
Durham County school site located just north of Lick Creek. Given these constraints, the client
has proposed to cross as close to perpendicular as possible. Impact 19-3 is grz eatly constrained
by the conditions outlined above. Without this proposed crossing, the area of approximately
acres located west of stream 19 and east of the Northern Durham Parkway could not be accessed.
Crossing impact A-1 is elaborated on in the attached letter from the en ig_neer.
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.
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.
The applicant proposes payment to the NC-EEP
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
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(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:/lh2o.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): 299 feet
Amount of buffer mitigation requested (square feet): 375.306 s.f.
Amount of Riparian wetland mitigation requested (acres): 0.5 acre
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
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)
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:
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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.
Temporary -Utility line impacts
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 30,720 3 See below
2 50,852 1.5 See below
Total 81,572 See below
* Lone 1 extends out 3U teet perpendicular from near bank of channel; Gone 1, extends an
additiona120 feet from the edge of Zone 1.
Permanent Buffer Impacts -Road Crossings
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 109,964 3 See below
2 72,869 1.5 See below
Total 182,833 See below
Total Impact to the riparian buffer consist of 211,147 SF- Zone 1 - 128,041, Zone 2- 83,106
Mitigation will be required for impacts 3-15, 19-9, 19-3, 20-2, 12-2, and A-1, at the following
amounts:
Zone 1 - 94,101 x 3 = 282,303; Zone 2 - 62,002 x 1.5 = 93,003
Total = 375,306 s.f. required for mitigation
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.
The applicant has requestedpayment to the NC-EEP for buffer impacts.
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.
Page 9 of 10
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The site does not currently contain impervious surface. Following construction the site will
contain less than 24% impervious surface; therefore, we do not believe apre-approved
stormwater plan is required. Moreover, because this site is located in a water supply watershed,
Durham regulations prohibit any development that exceeds 24% impervious. The applicant will
provide measures to insure that diffuse flow is achieved before stormwater enters the buffers as
well as maintain riparian buffers.
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.
Sanitary sewer
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 an after-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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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