20071665 Ver 1_More Info Received_20071114

TRUE LINE SOILS, INC.
~`~~~
401 Oversight/Express Review Permitting Unit 13 November 07
1650 Mail Services Center
Raleigh, NC 27604
Re: Carnage Creek Subdivision (DWQ Project # 07-1665)
Additional Information Request
Dear Express Review Permitting Unit Representative:
On October 14th, 2007, we received a request for additional information regarding the
property Carriage Creek Subdivision (DWQ project # 07-1665). Included with this cover
letter are the requested items. These include:
1. Location map with NRCS soil survey map and USGS 1:24,000 topographic map.
2. Riparian buffer locations as overlays with defined zonal impacts (Shown on
Roadway and Utility Construction Plans).
3. Re-configured stream crossing aligned approximately normal to the stream
(Shown on Roadway and Utility Construction Plans}.
4. Road crossing reconfigured to minimize impacts (Shown on Level Spreader
design map).
5. Completed Section XIV of initial application.
6. Entered impact amount (in acres) to wetlands Section VI.
7. Total impact area (in acres) to stream indicated in Section VI, No. 4.
8. Total impact area (in acres) to open water (none) noted in Section VI, No. 5.
9. Table for total impacts completed in Section VI, No. 6.
10. Copy of HOA agreement for conservation areas provided.
11. Full-size plan sheet with existing conditions, topographic contours, and surface
waters on properly shown.
Please contact us if any further information is required.
Thank you. D ~ ~ ~~ ~
Sincerel ,
~-~~ V 1 ~ 2007
' ~ DENR - WAT,~
~~ ~ ~itArotl~AnpS7~`TM~AIVC.F!
Neal Floyd.
205 W. Main Street, Clayton, NC 27520
[phone] • Fax: [phone]

10. Describe the overall project in detail, including the type of equipment to be used:
IV.
V.
VI.
11. Eyyxplain the purpose of the proposed work: ~° =t ~~~ °'jF '~ ~°~~-"
~4 8
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certifications were issued or withdrawn.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. o ~U t O~5 t '~
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 fro the current application.
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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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
L A P~ovide a writt~n description of the proposed impacts;
Page 7 of 12

2. Individually list wetland impacts. Types of 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.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
-#~
1 `
si ~ v'~~~-s~ h p assoc. w~ ~ 3

Total Wetland Impact (acres)
(0.l6 ac>
3. List the total acreage (es imated) of all existing wetlands on the property: I~•~j(,trr
4. Individually list afl intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name _
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet) Area of
Impact
acres
~ ~ ~1! '~ ~; I Qf2nni~ 3 120 ~. ~

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on
ma)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres
_
~~~'

Total Open Water Impact (acres)
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): !' . O ~
Wetland Impact (acres): `I F O i(a
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) ~, ~~?
Total Stream Impact (linear feet): I'Za
Isolated Waters
Do any isolated waters exist on the property? ^ Yes [~ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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. '1 • n.fl s ~ N '~a
ham. R - ~ r-}a~}- f ®~n s~-t tt._;_?-_C,t~'tr G.toSSi~.A had' ~.9.s~ S
v91 1 ~}- ®w r~r
vln.
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

XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculation
demonstrating total proposed impervious level. 7,4-b,~a~ , ~'~ia..~.S Sc~.r ~\ C~ r.~'~

XII. Sewage Disposal (required by DWQ)
- ``~ A
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from~the proposed project, or available capacity ofthe subject facility.' i
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (ISA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. ~ If r~o, please provide a short nairrativ~e description:
d! s~reJ~rv~e.l.,fi ~ v~ ~m s~\ ~ ~ . W; ~ 1 b~ ~~1,. p.t ~, ,
XV. Other Circumstances (Optional): ;f~ ~~r~ ~~
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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).
Applican,~igent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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RESTRICTIVE COVENANT GUIDANCE
August, 2003
O ften, developers of rn~lentlalorcxsn m eir_~a]_subd~risiflns sab~ctthe pmperLy on
w hide the subd.~is~n is builtto zestrict~e ~venants, that~c]ude prr~visions sack as
s?tbacks, types of hom esibui]d~gs thatcan be built; etc. If the D ist~cthas det~nn sped
tflatr~.stricidve oavenants are aax~table as a m sans of pz~rving m itigatx~n property, the
fr~]low ing language can be added thou zestrictve ~venants:
~--- as ~,Cr~To.~ ,9r~a.•' ~ e dd~ 3 -30 -z~~
o f Ga ~c~,.raoc~ ~-sfd~t.c, sa d ~w.trae',:, ~°3 - d~ • -
/"T he ars~as show n on tare rnoor~led plat (zlentify the platby tom, date, and
rec~zd~g data) a9-eane~a-a~as shallbe m a~iamed ~ perpetrz~ ~ their
naturalorm itigai~ci oonditaon. N o perm orent~y shallperfoun any of the
fDlbw ~g act~rlt7PS on such conservation a~a
a, fill, grade, excavate orperfnun any other ]and dlsha~~g actives
b . cut, m ow ,bum, rs3n ove, orhazin any vegetat~n
c. a~nstnrctorplaae any wads, Mils, w alkw ays, buik~gs, m obit
han es, si3ns, utility po]es ortnw er_s, orany otherperm anentortgn porary
strrrc-b.rr~ss
d . dry orothena i~ disnsptoralterthe hydmk~gy ordrai-iage w ays of
the wn~.rvat~n arm
e. dum p orstDre soil, trash, orotherw rite
f. graze orw at~xanin a]s, cruse fr>rany agriarllizialorhorr-in~ltt~ral
Pl~~s'
This a~venantis .intended to ensum cont~u~i am ptianc~ w ith the m itigat~on
~ndrt~n of a C ]ean W aterA ctauthorization iss<red by the U nifed S fates of
A m era, U S. A lm y C ores of Eng~eers, W iln >ngton D ish~ct, A cta~n ID
and therefore m ay be enfr~n~d by the U nit~l S tags of A m erica . This covenant
is ~ n_an w ~ the land, and shallbe bmd~rg on t}~e O w ner, and allparties c~~in mg
under ~"
Usually, restrict~e covei>rants have a proven thatthe property ow ners (e~herallof
then or sum e pezrx~tage of than) can am end orm odify the ~s~ci~re covenants. If that
is the cam, t}zatprovision needs to pmv~le thatour zaluir~d paragraph (usua]ly slentif~d
by paragraph num be.~ cannotbe am ended w ithoutthe express w ~~si ~nsentof the U .
S . A rm y C orps of Eng~~, W iln mgton D i~tz~:t
The peen itoanditaon should star thatthe peon tee w ill reco~ zP~-tsve covenants,
a~tab~ tD the C ohs of Eng>neezs, forthe purpose ofm amtauz~g the m ~atx~n areas
~ theirnatuialst<lite ~ perpetuity, priorto the saw orwnveyanov ofany bts orother
pmpe~y w ~~ the subdivision . Itis ~ porbntthatthe rP~-tric.-tions be r~rded priorto
the sale of any property w ~rirr the saL-tdisri~on (orphan, if his being devebped by
pha~) . If they are not; then any pmpexty sold priJrtn the rn~zct>rrg of the rns-l~ctive
oove:-~ntare notsub~ctto thou covenants. Suggestthe f~1bw ~g

"Pennittee shall execute and cause to be recorded in the County
Register of Deeds restrictive covenants acceptable to the Corps of Engineers for
the purpose of maintaining the conservation areas, as shown on tl~e recorded
plat* (identi~ by title, date, and recording data), in their natural state in
perpetuity, prior to the sale or conveyance of any lots or other properly within the
subdivision. The perniittee shall enforce the terms of the restrictive covenants
and, prior to conveyance of the property, shall take no action on the property
described in the covenants inconsistent with the terms thereof. The pennittee
shall provide a copy of the recorded restrictive covenants to the Corps of
Engineers within 15 days of recording."
* It is possible and acceptable that the plat may not be recorded at the time of the
issuance of the permit. If that is the case, delete the word "recorded" and be sure you
have a copy of a plat showing the conservation areas in the file, and identify it in the
permit condition by title and date. The plat, however, must be recorded at the time the
restrictive covenants are recorded, and prior to the sale of any lots in the subdivision.
2

The areas shown as conservation area on the final plat of Carriage Creek shall be
maintained in perpetuity in their natural or mitigated condition. No person or entity shall
perform any of the following activities on such conservation area:
a. Fill, grade, excavate or perform any other land disturbing activities
b. Cut, mow, burn, remove or harm any vegetation
c. Construct or place any roads, trails, walkways, buildings, mobile homes, signs,
utility poles or towers or any permanent or temporary structures.
d. Drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. Dump or store soil, trash, or other waste
f. Graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition
of a Clean water Act authorization issued by the United States of America, US Army
Corps of Engineers, Wilmington District, and Action ID and therefore may be enforced
by the US of America. This covenant is to run with the land, and shall be binding on the
owner and all parties claiming under it.