HomeMy WebLinkAbout20051393 Ver 2_More Info Received_20080110Q5 -13'3 v~
Mitchell Environmental, P.A.
January 9, 2008
Cyndi Karoly /Ian McMillan
DWQ - 401 WQC Unit
2321 Crabtree Boulevard
Suite 250
Raleigh, North Carolina 27604
Re: Rowland Meadows Subdivision (Wake County - Neuse River Basin)
Additional Information Requested for Phase III PCN
Dear Ms. Karoly / Mr. McMillan:
This letter is in response for your December 27, 2007 request for additional information on the
Rowland Meadows Phase III PCN application submitted. on December 18, 2007. The requested
information is shown below.
1. The stream channel to be crossed in the application (Channel B) scored a 22.5 on the
DWQ Stream Identification Form and should have been shown as "intermittent" in the
impact table in Section VI, No.4 of the PCN. This has been corrected in the attached
revised PCN.
2. The initial application for Phases I and II also showed the larger portion of Phase III
that was directly accessible to Phase II. To clarify, this application is gain access to the
three additional lots (90, 91, 92) proposed on the west side of Channel B. No 404/401.
authorization is needed to complete the portion of Phase III east of Channel B.
Wording in appropriate sections of the PCN have been revised to more clearly reflect
this.
Please call Scott Mitchell or myself if you have any other concerns regarding the PCN application.
Thank you.
Sincerely, ~ i ~~~~i ~ ~'_
ice'/ ~ 0~
Pete Colwell, PWS `~~~ 1 ®200$
~eNR - V~'A'd'FR fiUAi.lT"!
Cc: Lauren Witherspoon, DWQ Raleigh Regional Office ~`~Tt.AND~ANDSTORI~Nd.4?'Ekf?~1f4r~
USACE Raleigh Field Office
Douglas Ball
,_
O WAT ~Q
a ~~ ~ 0 2®a~ ~ ~
^ ~-_~
DENtT ~ tNA:iF.H Q~~ TyEk ~x~~'~Ptr'.r~+~" "~°
~y'cTlp`NDS AND ST^Ri~!A_
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(tt any parttcutar item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approvals} requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification. ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 39 and 12
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: Holland Road Inc. (Attn: Douglas Ball)
Mailing Address: 1401 Aversboro Road
Suite 206
Garner North Carolina 27529
Telephone Number: 919-772-3929 Fax Number: 919-772-3437
E-mail Address: Douglas~c~BaliRentals.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Page 1 of 9
Name: Scott Mitchell
Company Affiliation: Mitchell Environmental P.A.
Mailing Address: P.O. Box 341
FUQUaY-Varina, North Carolina 27526
Telephone Number: 919-557-4682 Fax Number: 919-557-4683
E-mail Address: Scott(a,MitchellEnvironmental com
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: Rowland Meadows Subdivision Phase III
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0677813450
4. Location
County: Wake Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): Rowland Meadows
Directions to site (include road numbers/names, landmarks, etc.): From intersection of
Highway 401 and NC 42 in Fuquay-Varina proceed east on NC 42 to Kennebec Road Turn
left (north) onto Kennebec Road to Dwight Rowland Road Turn left (west) onto Dwi,~ht
Rowland Road. Turn-left onto Rolling Tracks Road after approximately 1/10 mile and
continue to the end of the road. Phase III co~i,o~„~, wgln portion of the,Q~en fetd
and the remaining, prQpe~ty through the woods line and across the stream channel to the west
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.5940 °N 78.7363 °W
6. Property size (acres): Phases I and_II 79.23 ac. Phase III 17.3 ac• Tota196.53
Page 2 of 9
7. Name of nearest receiving body of water: UT to Terrible Creek; C• NSW• 27-43-15-8-(lam
8. River Basin: Neuse
(Note -this must be ane of North Carolina's seventeen designated major river basins. The
River Basin map is available at ha://1~2o.eri~•.state.nc.us/a~l~l~i~1/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Phases I and II of the subdivision are currently under
development with roads and lots. Phase III consists of the remaining portions of the
~ricultural field and forest on the property.
10. Describe the overall project in detail, including the type of equipment to be used:
The project will install infrastructure necessary to complete Phase III of the Rowland
Meadows subdivision for single-family homes (roads water supply electricity telephone
etc.). Individual single-family homes will be constructed by others upon the completion of
installation of required infrastructure. Equipment used to install infrastructure includes bull
dozers, track-hoe excavators, pans, rollers pavers etc.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to gain
access tc~ the remainin d v to bleu and Tots 9I and 92 cn the r rt
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.LP. project, along with
construction schedules. A USACE Nationwide Permit #39 (Action ID 200521326] was issued
for Phases I and II on December 29, 2005. The corresponding NCDWQ Water Quality
Certification 3402 and buffer authorization (DWQ EXP # OS-1393) was issued on January
2006 and modified on February 3, 2006. The authorizations approved permanent wetland
impacts of 0.36 ac, temporary wetland impacts of 0.1 ac permanent stream impacts of 69 left
temporary stream impacts of 3b lnft, and 13 616 soft of Neuse riparian buffer. In order to
mitigate for these impacts and to protect the remaining wetland areas 9 acres of wetlands has
been placed in a conservation easement.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Phase III currently represents the extent of the property holdings adjacent to the Rowland
Meadows subdivision. Therefore, we are not aware of anv future plans for additional
development related to this project.
Page 3 of 9
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must he labeled and clearly identifiable on an
accompanying site plan. AlI wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impacts include one
road crossing that will impact wetlands and one buffered stream in order to access the remaining
uplands on the property. The water line for part of Phase III will come from an a~acent
subdivision and cross a second buffered stream channel along an existing_soil path The water
line will be buried within the existing- ap thway No additional clearing will be needed and the
original contours throu h the path will be restored
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage; etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map} herbaceous, bog, etc-) Floodplain Stream (acres)
( es/no) (linear feet)
S (Permanent) Road Crossing Forested No 0 0. ] 3
6 Tem or
( p ~) Water Line Crossin =
b Herbaceous
(existing soil road)
No
0
0.21
Total Wetland Impact (acres) 0.34
3. List the total acreage (estimated) of all existing wetlands on the property: 25.5 ac for all
Phases
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint far both the original and relocated streams
must be included. Ta calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 9
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width - Length Impact
(indicate on ma) Before Im act (linear feet) (acres)
5 (Permanent) UT to Terrible Crk Road Crossing Intermittent 2 80 0.004
Total Stream Impact (by Length and acreage) 80 0.004
5. .Individually list all open water impacts (including Lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredain~, floodine. drainaae_ bulkheads_ etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
None
Total Open Water Impact (acres) None
6. List the cumulative impact to all Waters of the i J_S_ resulting fr»m the »rniect
Stream Impact (acres): 0.004
Wetland Impact (acres): 0.34
Open Water Impact (acres): None
Total Impact to Waters of the U.S. (acres) 0.344
Total Stream Impact (linear feet): 80
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): No new ponds are proposed as part of this project.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 5 of 9
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.
All proposed impacts are needed to access t~,~,ie t'e_,,,,,r~anig~ upland portions of the property. The
road crossin~~ and water line crossing are as close to perpendicular as is practicable. An original
design to extend Western Lode Trail from Rowland Fond across a lamer area of wetlands and
connect to Phase III has been eliminated. The water line will follow the existing soil path from
Western Lode Trail thereby minimizing impacts to forested wetlands and riparian buffers.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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
}1.Ctt? ir~?_>il.+~;1~13'.51c1t_'.i"1 (.145!`11(:,~~Ei'c112C~'ill't~2 ~~ICp~,.illi~E1~.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
Page 6 of 9
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Wetland, stream and Neuse Riparian Buffer preservation is proposed as mitigation for
proposed permanent that may require miti ation Impact At-ea #5 only). There are
approximately 12 6 acres of forested wetlands (as approximated by soils mappinu) in Phase
III Within the wetland area is 1223 linear feet of stream channel and 2.8 acres of riparian
buffer that will also be preserved Refer to the attached Phase III proposed preservation
drawing
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at ''4~~+:Il~~'~~~.~~~~z~°.sts~tc.zlc~.~~:~I~~~A~~Li:.~~.~r~~,y~~;.i~~~ni. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): None
Amount ofNon-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentafion (required by DWQ)
1. Does the project involve an expenditure of public (federallstate/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. 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 ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 7 of 9
1. Will the project impact protected riparian buffers identified within ISA NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), I SA NCAC 02B .0243 (Catawba) I SA NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? -Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(s uare feet Multiplier Required
Miti ation
Road Crossing
1 3,396
2 2,694
Total 6,090
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property,. Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within I SA NCAC 2B .0242 or .0244, or .0260.
Meuse Buffer impacts resultine from the extension of Rollins Tracks Road and the water line
crossins; are allowable under 15A NCAC 02B .0233. The road crossing will impact
proximately 601inear feet of buffer. The water line will be buried within an existing soil
path through the buffer and no additional clearing will be needed.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Within Phase III the proposed road will create an additional_ 0.25 acres of impervious surfaces.
Three lots are proQosed for this new subdivision. Assuming_ a maximum average impervious
surface coverage at full build-out of 3 000 ftz per lot (includes house, driveway, accessory
structures patios walkways etc) means 0.21 additional acres will be covered b~pervious
surfaces The sum total of these proposed impervious surfaces is 0.4b acres or 2.66 % of the new
be directed to level spreaders or flat natural forested wetlands for treatment prior to entering
protected Meuse Buffers.
Page 8 of 9
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewage from sin lg e=famiiy homes in this proposed residential subdivision will be treated and
disposed of ~ individual on-site septic systems as permitted by Wake County.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ}
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the mast recent North Carolina Division of Water Quality policy posted on our website at
~~~~~z ,'/~~?~ ~~~r.s~~~~e.i~c.~2:~%~~~.~,~~~~~~P~~~~~is. If no, please provide a short narrative description:
XV. 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
~`hreatened Species, accessibility problems, or other issues outside of the applicant's control).
/v~~~~.~ ~ Siff ~; f~$ ~( ~ f y~~o ~
Applicant/Agent's Signature Date
(Agent`s signature is valid only if an authorization letter from the applicant is provided.}
Page 9 of 9