HomeMy WebLinkAbout20020831 Ver 1_401 Application_20020524May 24`h, 2002
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Amanda Jones
2321 Crabtree Boulevard, Suite 250 6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27699-1621 Raleigh, NC 27615
RE: Nationwide Permits 12 and 39, 401-Water Quality Certification, and Neuse
River Buffer Rules Compliance Request
Park at Langston
Cary, Wake County, North Carolina
UTM coordinates: 703500mE 39, 39750mN
S&EC Project #: 5968
Dear Mr. Dorney and Ms. Jones,
On behalf of William Barker, (property owner), we hereby request authorization from the
US Army Corps of Engineers to use Nationwide Permits 12 and 39 for the subject project
to cover permanent impacts to stream channels and wetlands. We also request written
concurrence from the NC Division of Water Quality (NC-DWQ) that the project
complies with the 401-Water Quality Certification associated with Nationwide Pen-nit 39,
and that it complies with the Neuse River Riparian Buffer rules. A Pre-construction
Notification Application (PCN) is attached, which includes an agent authorization form.
S&EC performed a Neuse River Buffer evaluation for the site in fall 2000, and a detailed
wetland delineation in April 2002, which was submitted to the USACE for approval on
May 20th, 2002. Data forms for the delineation are attached. NC-DWQ confinned
S&EC's Neuse River Buffer evaluation (NBRRO 01-199-see attached).
The proposed project, which consists of a residential subdivision, is located east of West
Lake Rd. (SRI 387), west of Bells Lake Rd. (SR 1386), approximately one mile south of
Ten-Ten Rd. (SR 1010) near Cary, Wake County, NC. Please refer to the USGS site
map. The property comprises approximately 32 acres, and is in the Neuse River Basin.
Approximately 0.003 acres (1,278 ft. 2) of jurisdictional wetlands and 85 linear ft. of
stream channel will be impacted for a roadway crossing (Impact 1-see impact maps)
under Nationwide Permit 39 (totaling 0.03 acres/85 linear ft.). Approximately 9,983 ft.2
(zone 1: 6,291 ft. 2, zone 2: 3,692 ft.2) of Neuse River Buffer will be impacted by the
proposed roadway crossings (Impact 1). Approximately 0.011 acres (495 11.) of
jurisdictional wetlands and 20 linear ft. of stream channel will be temporarily impacted
under NWP 12 (Impact 2-see impact maps). Total proposed impacts are 0.0411 acres
(0.011 temporary)/ 105 linear ft. (20 ft. temporary).
The Town of Cary originally required two roadway crossings over the channel where
proposed impacts will occur in order to preserve connectivity within the site-despite our
client's wishes-who understood that the two crossings conflicted with avoiding and
minimizing unnecessary impacts to wetlands/waters of the U.S. Thus, William Barker
(our client), S&EC, and a project engineer from CH Engineering met with Bob Zarzecki
of NC-DWQ in January to discuss the crossing requirement. After this meeting, the
project's land planner and engineer were able to convince Cary to drop one of the
required roadway crossings, leaving the one proposed in this application, which is
necessary to access high ground in the northeastern portion of the property. Additionally,
DOT has relaxed the minimum turn radius requirement for the extension of Alphawood
Drive (see impact map) in order to minimize Neuse River buffer impacts.
It is important to note that the road shown entering the site on the northern property line
is not yet constructed, and is a reserved road right-of-way-not a dedicated right-of-way.
Thus, the road right-of-way is still owned by the adjacent site's developer. Additionally,
there is a gas line easement parallel to the northern property line immediately adjacent to
the property.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification. The proposed roadway crossing is necessary in
order to access high ground in the northeastern portion of the property. This road is an
extension of a stubbed road on the western property line. Both the roadway and sewer
line crossing, as evinced by the site plan, have been designed to cross wetland areas and
the stream channel perpendicularly. A large, contiguous bottotnland hardwood forest
wetland in the middle of the property has been completely avoided, as have all other
wetlands/waters of the U.S. onsite.
NC-DWQ's current policy does not require mitigation for wetland and stream channel
impacts below 1 acre and 150 linear feet of significant channel per project. Because the
proposed cumulative impacts resulting from the project total 0.0411 acres (0.011 acres
temporary)/105 linear ft. (20 ft. temporary), project impacts are below the
aforementioned thresholds, and S&EC believes that neither wetland nor stream channel
mitigation should be required
Additionally, NC-DWQ's current policy does not require mitigation for buffer impacts if
they do not exceed 1 /3 acre per buffered channel tributary. Because the proposed buffer
impacts resulting from the project do not exceed the aforementioned threshold
(9,983 ft.2 or 0.229 acres), buffer mitigation should not be required. Because the
proposed sewer line corridor will cross the riparian buffer perpendicularly and is less than
co
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Pen-nit application form is available online at
http://www.saw.usace.army.mil/wetlands/Penn app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to detennine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page I of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will detennine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (LAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.miI/wetlands/nwpfinalFedReg_pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.htmi. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: 12 and 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 (see section VIII - Mitigation), check here: ?
if. Applicant Information
Owner/Applicant Information
Name: William Barker
Mailing Address: 1401 Sunday Drive, Suite 166
Raleigh, NC 27607
Telephone Number: (919)-859-0044 Fax Number:
E-mail Address:
2. Agent 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: Jim Cooper
Company Affiliation: Soil & Environmental Consultants
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: (919)-846-5900 Fax Number: (919)-846-9467
E-mail Address: icooRerosandec.com
Page 3 of 12
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 infonnation 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: Park at Langston
2. T.I.P. Project Number (NCDOT Only)
N/A
3. Property Identification Number (Tax PIN): 0679490224
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The site is located east of West
Lake Rd. (SRI 387) west of Bells Lake Rd. (SR 1386), approximately one mile south of Ten-
Ten Rd. (SR 1010) near Cary Wake County NC.
Site coordinates, if available (UTM or Lat/Long): 703500i'E 39, 39750111N
(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 water
body.)
6. Describe the existing land use or condition of the site at the time of this application: The site
is completely forested.
7. Property size (acres): +/-
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Middle Creek
9. 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/.)
Page 4 of 12
10. Describe the purpose of the proposed work: The purpose of the proposed project is provide
roadway and sewer access for a residential subdivision.
11. List the type of equipment to be used to construct the project: Heavy machinery
typically associated with roadway construction and sewer line construction will be used for
this oroiect.
12. Describe the land use in the vicinity of this project: Land use is primarily residential and
forested with patchy agricultural areas nearby.
IV. Prior Project History
If jurisdictional detenninations 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 pennits,
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 performed a Neuse River Buffer evaluation for the site in fall 2000, and a detailed
,
wetland delineation in April 2002, which was submitted to the USACE for approval on May 20`11
2002. Data forms for the delineation are attached. NC-DWQ confirmed S&EC's Neuse River
Buffer evaluation (NBRRO 01-199-see attached). No permits or jurisdictional determinations
have been issued for the project at this time.
V. Future Project Plans
Are any additional pen-nit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No additional permit requests are anticipated for the project in the future.
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, pennanent
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 5 of' 12
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream "Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
Impact I (road Fill 0.003 No 0 ft. Headwater Forest
crossing)
Impact 2 (sewer Excavation 0.0011 No 0 ft. Headwater Forest
line crossing)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 httn://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: > 5 acres
Total area of wetland impact proposed: 0.041 acres (0.011 temporary impacts for sewer line
crossing)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
Impact 1 (road Fill 85 ft. UT to Middle Creek 4-6 ft. Intermittent
crossing)
Impact 2 (sewer Excavation 20 ft. UT to Middle Creek 4-6 ft. Intermittent
line crossing)
* 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.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 105 linear ft. (20 ft.
temporary for sewer line crossing)
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
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.)
N/A
Page 6 of' 12
T? List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till,
excavation, dredging, flooding, drainage, bulkheads, etc.
4. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local storinwater 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
inforination 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 Town of Cary originally required two roadway crossings over the channel where proposed
impacts will occur in order to preserve connectivity within the site-despite our client's
wishes-who understood that the two crossings conflicted with avoiding and minimizing
unnecessary impacts to wetlands/waters of the U.S. Thus, William Barker (our client), S&EC,
and aproject engineer from CH Engineering met with Bob Zarzecki of NC-DWQ in January to
discuss the crossing requirement. After this meeting the project's land planner and en iineer
were able to convince Cary to drop one of the required roadway crossings, leaving the one
proposed in this application which is necessary to access high ground in the northeastern portion
of the property. Additionally DOT has relaxed the minimum turn radius requirement for the
extension of Alphawood Drive (see impact map) in order to minimize Neuse River buffer
impacts. The proposed road crossing (Impact 1) has been designed to cross the stream channel at
a perpendicular angle to minimize impacts. The proposed sewer line crossing (Impact 2) also
has been designed to cross the stream, wetland area, and buffer perpendicularly to minimize
impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 21-1 .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
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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
Pennits, 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 detennining 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/ncwetiands/strmgide.htmi.
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 USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the requirements for notification.
The proposed roadway crossing is necessary in order to access high gEound in the northeastern
portion of the property. This road is an extension of a stubbed road on the western property line,
and crosses the stream perpendicularly, impacting as little channel as possible. The sewer line
crossing is necessary to provide all portions of the property with sanitary sewer access. A large,
contiguous bottomland hardwood forest wetland in the middle of the property has been
completely avoided, as have all other wetlands/waters of the U.S. onsite.
NC-DWQ's current policy does not require mitigation for wetland and stream channel impacts
below 1 acre and 150 linear feet of significant channel. Because the proposed cumulative
impacts resulting from the project total 0.0411 acres (0.011 temporary)/ 105 linear ft. (20 ft.
temporary-i.e. less than 1/3 acre and 150 ft.) wetland or stream channel mitigation should not
be required
Page 8 of 12
Additionally NC-DWQ's current policy does not require mitigation for buffer impacts if they do
not exceed 1/3 acre per buffered channel tributary. Because the proposed buffer impacts
resulting from the project do not exceed the aforementioned threshold
(9,983 ft.2 or 0.229 acres) buffer mitigation should not be required. Because the proposed sewer
line corridor will cross the riparian buffer perpendicularly and is less than 40 ft. wide, it is
considered an "exempt" activity by the Neuse River Basin Riparian Buffer Rules, and should not
require riparian buffer mitigation.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres):-
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 (DWQ Only)
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
N/A
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map, whether or not impacts arc 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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Neuse )?
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
(square feet) Multiplier Required
Mitigation
1 6,291 3.0 N/A
2 3,692 1.5 N/A
Total 9,983 N/A
Zone I extends out 30 tect perpcndficular trom near bank of channel; /.one L extends an
additional 20 feet from the edge of Zone 1.
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 (DWQ Only)
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.
Impervious acreage on the site is not expected to exceed 30%, therefore, a stormwater_plan
should not be required. However, the site stormwater plan is enclosed with this application.
XII. Sewage Disposal (DWQ Only)
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.
Connection to an existing sanitary sewer easement
Page 10 of 12
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 21-I .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).
0
Applica Agen ' "'ignatt# v Date
(Agents nature is vali4//only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1000
Washington, NC 27889-1000
Beaufort Currituck Jones Pitt
Bertie Dare Lenoir Tyrrell
Camden Gates Martin Washington
Carterct* Green Pamlico Wayne
26
Union
Watauga
Yancey
Wilson
Yadkin
Page l l of 12
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 12 of 12
Oct 09 01 05:20P SPAULDING&NORRIS, PR (919)854-7925
09/13/2001 17:09 9198469467
fAx, Ta : ? 1 M COWS
S8,EC
PAGE 04
Soil & Etiviro nine ntal Consuivan-ts, YA
11010 Raven ,K108t Road Raleigh, North Cerolink 27614 • rhotre (919) e46-5900 . Fu: (919) R46-9d6-1
w W w,$tutdEC.r0rV
AUFNT AtiTHOR12ATTON FORM
A31 Blanks To Be Filled In S The Current l.andowne
Name: l?? G I Yt'h1 IJ l
Address: --
r? ,&Y, X l?
Pho7ne. n .
Project Naule/ Description:?C
Date: b
The Department of the Army
1J.S. ,&rMy Corps of Er:gineers, Wilmington District
P.O. Box 1890
Wilm-ington, NC 28402
r
Ann:
Field Office: t
Re: Wetlands Related Consaltitig and Permitting
To Whom It Ivey Corcem:
I, the ca.-renk ro • owner, hereby designate and authorize Soil & ExIvirorwnental Consultants, PA to
act in my behalf as my agent in the peocessietg of permit applications, to furrvish upon request day Of
supplemental infonnation in support of apphcations, etc, from this day forward, 'I1,e Y
"I hLs notification supersedes eny pre%zous correspondence concerning the agent for this projee -
NOTICE! This au.thnnzation, for liability and professional cotirteily reasons, is valid only for
bovernmeat offidids to enter the property when accompanied by S&EC staff. You Should cast S&EC
to axrainge a site meeting prior to vislung the sate.
Prjnt property O xiei's Name
cc: Mr. John Domey
Nc,_DI NR - bWQ
2321 Crabtree Boulevard
R ' 'gh NC 27604
Property Owner s S iViature
cc: Mr, James Coopex
Soil & Environmental Consultants, PA
P.1
a,ez ,
gjAw office,
S hnf cr S]iCtldS? 9101;0stot, Road
pMB n1, 3020.11'ro5perity Cltvrch Road 3817.1'_ i-Awndele Drive -%y;vrwilk. NC 28681
, NC (`ttulettr, NC 22269 7197 Ph,4t9l (336)5 ) 54021455 rf,on? (B2R) 01-S870
pbont: (704)720-940) Fax: : (3-8234 kaX, (823) 635-5320
t=ax: (336)540-8%35
Vw f704)720 _qA1 6
- ; - ? • ???_ I,• USGS SITE 'MAP' t,l
(LAKE WHEELER/APEX QUADS)
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WAKE COLIN 1 Y, NOR -1-i CAfiC)L. NA 84
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Park at Langston (S&EC lob# 5968) Date: 4/18/02
Applicant/Owner: W T Barker Realty
Investigator: Jim Cooper County: Wake
State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: BLH Forest
Is the site significantly disturbed (Atypical Situation)? Yes X No
Is the area a potential Problem Area? _Yes X No Transect ID: Wetland
Plot ID: flag 277
If needed, explain on reverse.
VF1_1=TAT1nM
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree FAC 9.
2. Pinus taeda Tree FAC 10.
3. Liquidambarstyraciflua Shrub FAC+ 11.
4. Vaccinium stamineum Shrub FACU 12.
5. Arundinaria gigantea Herb FACW 13.
6. Smilax rotundifolia Vine FAC 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 83.3%
Remarks:
uvnoni nr_v
Recorded Data: Wetland Hydrology Indicators:
-
Stream, Lake or Tide Gauge Primary Indicators:
-
Aerial Photographs Inundated
-
Other X Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) Water-Stained Leaves
X Local Soil Survey Data
Depth to Free Water in Pit: approx. 12 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: approx. 12 (in.)
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
Project/Site: Park at Langston (S&EC job# 5968) Plot ID: Wetland
SOILS
Map Unit Name Drainage Class: poorly drained
(Series and Phase): Worsham sandy loam Field Observations
Taxonomy (Subgroup): Topic Ochraquults Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-3 A 10 YR 2/2 - -- Sand loam
3-12 Bt 10 YR 5/1 7.5 YR 5/6 Few, prominent Sand clay loam
Hydric Soil Indicators:
Histosol -Concretions
_
Histic Epipedon -High Organic Content in Surface Layer i n Sandy Soils
_
Sulfidic Odor -Organic Streaking in Sandy Soils
_
_Aquic Moisture Regime X Listed on Local Hydric Soils List
Reducing Conditions X Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
\l1/GTI A41110 MCTCO\AWAYUNU
Hydrophytic Vegetation Present? X Yes _No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes _No X Yes _No
Hydric Soils Present? X Yes _No
Remarks:
Wetland Delineation Performed By
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Park at Langston (S&EC job# 5968) Date: 4/18/02
Applicant/Owner: W.T. Barker Realty County: Wake
Investigator: Jim Cooper State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Mixed Pine-Hardwood
Is the site significantly disturbed (Atypical Situation)? -Yes X No
Is the area a potential Problem Area? _Yes X No Forest
Transect ID: Upland
If needed, explain on reverse. Plot ID: 15 ft. u from fla 277
VFr;FTATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Quercus rubra Tree FACU 9.
2. Quercus alba T/S FACU 10.
3. Liquidambarstyraciflua Shrub FAC+ 11.
4. Vaccinium stamineum Shrub FACU 12.
5. Arundinaria gigantea Herb FACW 13.
6. Ilex opaca Herb FAC- 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 28.6%
Remarks: Ilex opaca is present as small saplings
HYDROLOGY
Recorded Data: Wetland Hydrology Indicators:
-
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
Other -Saturated in Upper 12 Inches
- -Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: > 12 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: > 12 (in.)
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
Project/Site: Park at Langston (S&EC job# 5968) Plot ID: Upland
Sn1I S
Map Unit Name Drainage Class: well-drained
(Series and Phase): Appling sandy loam Field Observations
Taxonomy (Subgroup): Topic Kanhapludults Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Conc retions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-2 A 10 YR 3/3 -- --- Sand loam
2-5 E 10 YR 4/4 --- -- Sand loam
5-12 Bt 10 YR 4/6 -- --- Clay loam
Hydric Soil Indicators:
Histosol -Concretions
_
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor -Organic Streaking in Sandy Soils
_
_Aquic Moisture Regime -Listed on Local Hydric Soils List
-Reducing Conditions Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WFTI AAir1C nPIrPPMINATION
Hydrophytic Vegetation Present? -Yes X No
Wetland Hydrology Present? -Yes X No
Hydric Soils Present? -Yes X No
Is this sampling point within a wetland?
Yes X No
Remarks:
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Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
w a 'tf
MAY 1
NCDENR-DWQ
Attn: Mr. John Domey
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27699-1621
?. i
WLWE WETLANDS MOUP
US Army Corps of Engineers
Attn: Ms. Amanda Jones
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permits 12 and 39, 401-Water Quality Certification, and Neuse
River Buffer Rules Compliance Request
Park at Langston
Cary, Wake County, North Carolina
UTM coordinates: 703500"'E 39, 39750"'N
S&EC Project #: 5968
Dear Mr. Dorney and Ms. Jones,
On behalf of William Barker, (property owner), we hereby request authorization from the
US Army Corps of Engineers to use Nationwide Permits 12 and 39 for the subject project
to cover permanent impacts to stream channels and wetlands. We also request written
concurrence from the NC Division of Water Quality (NC-DWQ) that the project
complies with the 401-Water Quality Certification associated with Nationwide Permit 39,
and that it complies with the Neuse River Riparian Buffer rules. A Pre-construction
Notification Application (PCN) is attached, which includes an agent authorization form.
S&EC performed a Neuse River Buffer evaluation for the site in fall 2000, and a detailed
wetland delineation in April 2002, which was submitted to the USACE for approval on
May 20th, 2002. Data forms for the delineation are attached. NC-DWQ confirmed
S&EC's Neuse River Buffer evaluation (NBRRO 01-199-see attached).
The proposed project, which consists of a residential subdivision, is located east of West
Lake Rd. (SRI 387), west of Bells Lake Rd. (SR 1386), approximately one mile south of
Ten-Ten Rd. (SR 1010) near Cary, Wake County, NC. Please refer to the USGS site
snap. The property comprises approximately 32 acres, and is in the Neuse River Basin.
Approximately 0.003 acres (1,278 ft.2) of jurisdictional wetlands and 85 linear ft. of
stream channel will be impacted for a roadway crossing (Impact 1-see impact maps)
under Nationwide Permit 39 (totaling 0.03 acres/85 linear ft.). Approximately 9,983 ft.2
(zone 1: 6,291 ft. 2, zone 2: 3,692 ft.2) of Neuse River Buffer will be impacted by the
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828)635-5820
Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820
i
r. r, - May 24th, 2002
proposed roadway crossings (Impact 1). Approximately 0.011 acres (495 ft.2) of
jurisdictional wetlands and 20 linear ft. of stream channel will be temporarily impacted
under NWP 12 (Impact 2-see impact maps). Total proposed impacts are 0.0411 acres
(0.011 temporary)/ 105 linear ft. (20 ft. temporary).
The Town of Cary originally required two roadway crossings over the channel where
proposed impacts will occur in order to preserve connectivity within the site-despite our
client's wishes-who understood that the two crossings conflicted with avoiding and
minimizing unnecessary impacts to wetlands/waters of the U.S. Thus, William Barker
(our client), S&EC, and a project engineer from CH Engineering met with Bob Zarzecki
of NC-DWQ in January to discuss the crossing requirement. After this meeting, the
project's land planner and engineer were able to convince Cary to drop one of the
required roadway crossings, leaving the one proposed in this application, which is
necessary to access high ground in the northeastern portion of the property. Additionally,
DOT has relaxed the minimum turn radius requirement for the extension of Alphawood
Drive (see impact map) in order to minimize Neuse River buffer impacts.
It is important to note that the road shown entering the site on the northern property line
is not yet constructed, and is a reserved road right-of-way-not a dedicated right-of=way.
Thus, the road right-of-way is still owned by the adjacent site's developer. Additionally,
there is a gas line easement parallel to the northern property line immediately adjacent to
the property.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification. The proposed roadway crossing is necessary in
order to access high ground in the northeastern portion of the property. This road is an
extension of a stubbed road on the western property line. Both the roadway and sewer
line crossing, as evinced by the site plan, have been designed to cross wetland areas and
the stream channel perpendicularly. A large, contiguous bottomland hardwood forest
wetland in the middle of the property has been completely avoided, as have all other
wetlands/waters of the U.S. onsite.
NC-DWQ's current policy does not require mitigation for wetland and stream channel
impacts below 1 acre and 150 linear feet of significant channel per project. Because the
proposed cumulative impacts resulting from the project total 0.0411 acres (0.011 acres
temporary)/ 105 linear ft. (20 ft. temporary), project impacts are below the
aforementioned thresholds, and S&EC believes that neither wetland nor stream channel
mitigation should be required
Additionally, NC-DWQ's current policy does not require mitigation for buffer impacts if
they do not exceed 1/3 acre per buffered channel tributary. Because the proposed buffer
impacts resulting from the project do not exceed the aforementioned threshold
(9,983 ft.z or 0.229 acres), buffer mitigation should not be required. Because the
proposed sewer line corridor will cross the riparian buffer perpendicularly and is less than
40 ft. wide, it is considered an "exempt" activity by the Neuse River Basin Riparian
Buffer Rules, and should not require riparian buffer mitigation.
Please call me if you require any additional information, or email me at
jcooper ,sandec.com.
Sincerely,
V
Jim Cooper
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Wake County Soil Survey Map
Wetland and Upland Data Forms (USACE copy only)
Overall site impact map with detailed roadway crossing impact maps
Agent Authorization Form
NC-DWQ $200 Check (NC-DWQ copy only)
Neuse River Buffer confirmation letter
Justification letter from project engineer
\ NA
T??Q
7
> .r.l
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which pen-nit applies to your project, please go to the
USACE website at http://www.saw.usace.anny.mil/wetlands/regtour.htiu, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page I of 12
LAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead pennitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will detennine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf.
Processing times vary by pen-nit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: 12 and 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 (see section VIII - Mitigation), check here: ?
11. Applicant Information
1. Owner/Applicant Infonnation
Name: William Barker
Mailing Address: 1401 Sunday Drive, Suite 166
Raleigh. NC. 27607
Telephone Number: (919)-859-0044 Fax Number:
E-mail Address:
2. Agent 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: Jim Cooper
Company Affiliation: Soil & Environmental Consultants
Mailing Address: 11010 Raven Ridge Road
Raleigh. NC 27614
Telephone Number: (919)-846-5900 Fax Number: (919)-846-9467
E-mail Address: icooper(csandec.com
Pagc 3 of' 12
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: Park at Langston
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0679490224
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The site is located east of West
Lake Rd (SRI 387) west of Bells Lake Rd. (SR 1386), approximately one mile south of Ten-
Ten Rd (SR 1010) near Cary Wake County NC.
5. Site coordinates, if available (UTM or Lat/Long): 703500i1E 39 39750mN
(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 water
body.)
6. Describe the existing land use or condition of the site at the time of this application: The site
is completely forested
7. Property size (acres): +/- 32
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Middle Creek
9. 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/.)
Page 4 of 12
10. Describe the purpose of the proposed work: The purpose of the proposed project is provide
roadway and sewer access for a residential subdivision.
11. List the type of equipment to be used to construct the project: Heavy machinery
typically associated with roadway construction and sewer line construction will be used for
this project.
12. Describe the land use in the vicinity of this project: Land use is primarily residential and
forested with patchy agricultural areas nearby.
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 performed a Neuse River Buffer evaluation for the site in fall 2000, and a detailed
wetland delineation in April 2002, which was submitted to the USACE for approval on May 20`n
2002 Data forms for the delineation are attached. NC-DWQ confinned S&EC's Neuse River
Buffer evaluation (NBRRO 01-199-see attached). No permits or jurisdictional determinations
have been issued for the project at this time.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No additional permit requests are anticipated for the project in the future.
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 5 of 12
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
Impact I (road Fill 0.003 No 0 ft. Headwater Forest
crossing)
Impact 2 (sewer Excavation 0.0011 No 0 ft. Headwater Forest
line crossing)
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.feina.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: > 5 acres
Total area of wetland impact proposed: 0.041 acres (0.011 temporary impacts for sewer line
crossing)
2. Stream Impacts, including all intermittent and perennial streams
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 Impact (please specify)
Impact 1 (road Fill 85 ft. UT to Middle Creek 4-6 ft. Intermittent
crossing)
Impact 2 (sewer Excavation 20 ft. UT to Middle Creek 4-6 ft. Intermittent
line crossing)
* 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 105 linear ft. (20 ft.
temporary for sewer line crossing)
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name Waterbody Type of Waterbody
Site Number Type of Impact* Impact
(if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A
Page 6 of l2
T? List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till,
excavation, dredging, flooding, drainage, bulkheads, etc.
4. 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.): N/A
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.
The Town of Cary originally required two roadway crossings over the channel where proposed
impacts will occur in order to preserve connectivity within the site-despite our client's
wishes-who understood that the two crossings conflicted with avoiding and minimizing
unnecessary impacts to wetlands/waters of the U.S. Thus William Barker (our client), S&EC,
and a project engineer from CH Engineering met with Bob Zarzecki of NC-DWQ in January to
discuss the crossing requirement. After this meeting, the project's land planner and engineer
were able to convince Cary to drop one of the required roadway crossings, leaving the one
proposed in this application, which is necessary to access high ground in the northeastern portion
of the property. Additionally, DOT has relaxed the minimum turn radius requirement for the
extension of Alphawood Drive (see impact map) in order to minimize Neuse River buffer
impacts The proposed road crossing (Impact 1) has been designed to cross the stream channel at
a perpendicular angle to minimize impacts The proposed sewer line crossing (Impact 2) also
has been designed to cross the stream wetland area and buffer perpendicularly to minimize
impacts.
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
Page 7 of 12
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.
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 USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the requirements for notification.
The proposed roadway crossing is necessary in order to access high ground in the northeastern
portion of the property. This road is an extension of a stubbed road on the western property line,
and crosses the stream perpendicularly, impacting as little channel as possible. The sewer line
crossing is necessary to provide all portions of the property with sanitary sewer access. A large,
contiguous bottomland hardwood forest wetland in the middle of the property has been
completely avoided as have all other wetlands/waters of the U.S. onsite.
NC-DWQ's current policy does not require mitigation for wetland and stream channel impacts
below 1 acre and 150 linear feet of significant channel. Because the roposed cumulative
impacts resulting from the project total 0.0411 acres (0.011 temporary)/ 105 linear ft. (20 ft.
temporary-i a less than 1/3 acre and 150 ft) wetland or stream channel mitigation should not
be required
Page 8 of 12
Additionally NC-DWQ's current policy does not require mitigation for buffer impacts if they do
not exceed 1/3 acrc per buffered channel tributary. Because the proposed buffer impacts
resulting from the project do not exceed the aforementioned threshold
(9,983 ft 2 or 0.229 acres) buffer mitigation should not be required. Because the proposed sewer
line corridor will cross the riparian buffer perpendicularly and is less than 40 ft. wide it is
considered an "exempt" activity by the Neuse River Basin Riparian Buffer Rules, and should not
require riparian buffer mitigation.
Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http_//h2o.enr.state.nc.us/wry/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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)9.
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 (DWQ Only)
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
Page 9 of 12
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Neuse )?
Yes ® No ? If you answered "yes", provide the following infortation:
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
(square feet) Multiplier Required
Mitigation
1 6,291 3.0 N/A
2 3,692 1.5 N/A
Total 9,983 N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
N/A
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious acreage on the site is not expected to exceed 30% (see attached calculation tables
from project engineer); therefore a stormwater plan should not be required.
X1I. Sewage Disposal (DWQ Only)
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.
Connection to an existing sanitary sewer casement
Page 10 of 12
X111. Violations (DWQ Only)
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).
,5/ 2- ?
Applicat
(Agent's
Si
Date
is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Union
Watauga
Yancey
Wilson
Yadkin
Pagc I I of 12
Telephone: (252) 975-1616 Chowan Ilertford Pasquotank
Fax: (252) 975-1399 Craven Ilyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Maywood McDowell Yancey
Pagc 12 ol'12
Oct 09 01 05:20P SPAULDING&NORRIS, PA (919)854-7925
09/13/2001 17:013 9198469467
FAX, TO : ? l M CJ)OVtr s?
S&EC
PAGE 04
Environmental Consultants, PA
Rom a,aleigh, North CAro)int 27614 • rhcmc: (919) 946-5900 Fax (919) R46-00
www,Sal-JEC.com
AGpNT AT-rrHOR12A.TiON FORM
Ail Blanks To Be Filled In By The Currelnt Landowne
Name:
Address: 1 40 arc.-- ?><. - . - - -
Project Nilule/ Description:
Date: -
The Department of the Army
U.S. Army Corps of Engineers, Wilmington DistriCt
I'.Q_ Box 1890
Wilm±+tgton, NC 28402
Attn: i ? es
Field Office:
Re: Wetlands Related Consalting and Permitting
Te Wbom it may Concern:
I, the cux-rent ro . owner, hereby designate and autho'ze Soil & Tulviroruxrental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request any of
supplemental infonnation in support of applications, etc. from thus day forward. The
T A.
is notification supersedes any previous correspondence concerrung the agent for this projeL
h
NOTICE: Thip au.thr-rzation,, for liability and professional courtesy reasons, its vapid Only for
,government officials to enter the property when accompanied by S&BC staff. You should CAD S&EC
to arrange a site meeting prior to visiting the sate..
W k
print property OwoeVs Name
M. Mr. John Domey
NCDtNR - T)WQ
2321 Crabtree Boulevard
Raleigh NC 27604
_ u?-S??L
property Owner's Signature
cc: Mr. James Cooper
Soil & Environmental Consultants, PA
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(,hwlvtta, NC 28269 7197 chtftstnro, NC 27455 WORM
Phone: (704) 720-9405 Phme! (336) 540-8234 Y1,X. ( 62R 6_.. 823) 635-5320
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WAKE COLIN 1 Y, NOR -1-i CAfiC)L. NA 84
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Park at Langston (S&EC iob# 5968) Date: 4/18/02
Applicant/Owner: W.T. Barker Realty
Investigator: Jim Cooper County: Wake
State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: BLH Forest
Is the site significantly disturbed (Atypical Situation)? -Yes X No Transect ID: Wetland
Is the area a potential Problem Area? _Yes X No Plot ID: flag 277
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree FAC 9.
2. Pinus taeda Tree FAC 10.
3. Liquidambarstyraciflua Shrub FAC+ 11.
4. Vaccinium stamineum Shrub FACU 12.
5. Arundinaria gigantea Herb FACW 13.
6. Smilax rotundifolia Vine FAC 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 83.3%
Remarks:
HYDROLOGY
Recorded Data: Wetland Hydrology Indicators:
-
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs Inundated
Other X Saturated in Upper 12 Inches
- -Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) Water-Stained Leaves
X Local Soil Survey Data
Depth to Free Water in Pit: approx. 12 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: approx. 12 (in.)
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
Project/Site: Park at Langston (S&EC iob# 5968) Plot ID: Wetland
cnH c
Map Unit Name Drainage Class: poorly drained
(Series and Phase): Worsham sandy loam Field Observations
Taxonomy (Subgroup): Topic Ochraquults Confirm Mapped Type? - Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-3 A 10 YR 2/2 - --- Sand loam
3-12 Bt 10 YR 5/1 7.5 YR 5/6 Few, prominent Sand clay loam
Hydric Soil Indicators:
Histosol -Concretions
_
_Histic Epipedon -High Organic Content in Surface Layer i n Sandy Soils
Sulfidic Odor -Organic Streaking in Sandy Soils
_
_Aquic Moisture Regime X Listed on Local Hydric Soils List
Reducing Conditions X Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
uuCTl AllnC r1CTCDUMATIMI
Hydrophytic Vegetation Present? X Yes _No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes _No X Yes _No
Hydric Soils Present? X Yes _No
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Park at Langston (S&EC lob# 5968) Date: 4/18/02
Applicant/Owner: W.T. Barker Realty
Investigator: Jim Cooper County: Wake
State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Mixed Pine-Hardwood
Is the site significantly disturbed (Atypical Situation)? Yes X No
Is the area a potential Problem Area? _Yes X No
If needed, explain on reverse. Forest
Transect ID: Upland
Plot ID: 15 ft. u from flag 277
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Quercus rubra Tree FACU 9.
2. Quercus alba T/S FACU 10.
3. Liquidambarstyraciflua Shrub FAC+ 11.
4. Vaccinium stamineum Shrub FACU 12.
5. Arundinaria gigantea Herb FACW 13.
6. Ilex opaca Herb FAC- 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 28.6%
Remarks: Ilex opaca is present as small saplings
HYDROLOGY
Recorded Data: Wetland Hydrology Indicators:
-
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
Other -Saturated in Upper 12 Inches
- -Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: > 12 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: > 12 (in.)
Remarks:
Wetland Delineation Performed By
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
Project/Site: Park at Langston (S&EC iob# 5968) Plot ID: Upland
SOILS
Map Unit Name Drainage Class: well-drained
(Series and Phase): Appling sandy loam Field Observations
Taxonomy (Subgroup): Topic Kanhapludults -Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Conc retions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-2 A 10 YR 3/3 -- -- Sand loam
2-5 E 10 YR 414 --- -- Sand loam
5-12 Bt 10 YR 4/6 -- --- Clay loam
Hydric Soil Indicators:
Histosol -Concretions
_
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor -Organic Streaking in Sandy Soils
_
_Aquic Moisture Regime -Listed on Local Hydric Soils List
-Reducing Conditions Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WFTI ANnS nFTFRMINATION
Hydrophytic Vegetation Present? -Yes X No
Wetland Hydrology Present? -Yes X No
Hydric Soils Present? -Yes X No
Is this sampling point within a wetland?
Yes X No
Remarks:
FROM CH ENGINEERING PHONE NO. : 9198486761
ENGINEERING
May 23, 2002
To: Jim Cooper, S&)EC
From: Maha Chambliss, PE rte. 6A V
Re: The Park At Langston Creek Crossing
May. 23 2002 10:40AII P2
This memo is to confirm that the proposed lots 1 through 20 at Park at Langston, which are located
on proposed Tributary Dr. and north east of the proposed creek crossing are landlocked unless the
extension of Alphawood Dr. is allowed. Proposed Tributary Dr. does not extend past our project.
There is a reserved right-of-way and not a dedicated right-of-way north of the termination of
Tributary Dr. on our site. Please be advised that a reserved right-of-way means that the Ownership
of this particular right-of way is still held by the original developer. Also, there is a 50 ft. Colonial
Pipe line right-of-way carrying three major gas transmission lines within the reserved right-of-way.
The extension of Alphawood Dr. will be the only means of accessing the area north east of the
proposed creek crossing.
If you need additional information, please do not hesitate to let me know.
¦ PO Box 30128. Raleigh, NC 27622 • TEL 919.788.0224 - FAX 919,788.0232 roms
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
August 15, 2001
Jim Cooper
S & E C, Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
?J01
Subject: Neuse River Basin Riparian Buffer Rules i.
NBRRO 01-199
The Park at Langston
S & E C Project #01-5968
Wake County
Dear Mr. Cooper:
This letter is being sent to serve as confirmation of your buffer determination at the project referenced by
the Raleigh Regional Office as NBRRO 01-199. The features represented on the Wake County Soils and
the USGS Lake Wheeler and Apex Quad maps were evaluated to determine their subjectivity to the Neuse
Buffer Rule on July 2, 2001. It was determined that there a total of five features depicted on the property
on the two maps. Three features are subject to riparian buffer protection and are labeled as A, B, and C on
the plat map received August 10, 2001.
This letter only addresses the applicability of the Neuse River Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233
(NCAC 0233). For information on wetlands and other impacts, please contact someone at the Central Office
at 733-1786. Thank you for your attention to this matter and if this Office can be.of any assistance or if you
have additional questions, please do not hesitate to contact us.
Sin rely,
Steve Mitchell
Environmental Scientist
cc: RRO/John Dorney
Wake County
l l:\nbrlet. for\neuse.buf\buf01 \l angston.199
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)571-4700 FAX (919)571471
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