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HomeMy WebLinkAbout20080169 Ver 1_401 Application_200801080 8 -0 1 6 9 ``fir January 22, 2008 ~:„. Ms. Amy Chapman THE Division of Water Quality 401/Wetlands Unit W 0 OT E N 1650 Mail Service Center COMPANY Raleigh, NC 27699-1650 Re: Pre-Construction Notification A lication ~ ~~ ~ ~~ ENGINEERING pp Bentley Woods Annexation-Phase 1 JAN 2 3 2008 PLANNING Water and Sewer Improvements City of Raleigh, North Carolina DENS-`NA7ERQUAt"1'! ARCHITECTURE TWC No. 2466-AJ ydETLANDS AND STC?RMWA"`Ek ERAivCH Dear Ms. Chapman: On behalf of the City of Raleigh, please find enclosed for your review the following items regarding the above referenced project. Please note that we do need written concurrence for 401 approval; however we are requesting riparian buffer rule approval. • Pre-Construction Notification Application • Applicable construction drawings (reduced scale) • USGS map showing location of project • SCS Soils map showing location of project The project proposes to construct approximately 15,900 linear feet of water mains ranging in size from 6 to 12-inch in diameter and approximately 20,250 feet of 8-inch gravity sanitary sewer. This project is the first part of a two (2) phase project that is replacing an existing asbestos cement water system with ductile iron water mains and is replacing individual septic tanks with a gravity sewer system. To construct the project as proposed, it is necessary to impact wetlands as shown in the attached application package. No permanent impacts are proposed for this project as the preconstruction grade of wetlands will be reestablished after disturbance. I trust this information is sufficient for your review; however, if you should have any questions or require additional information, please do not hesitate to contact us. We will get you any information or clarification needed immediately. Sincerely, THE WOOTEN COMPANY L~~~~~'-Z'J 120 North Boylan Avenue Stephan a A. Bliss, E.I. Raleigh NC 27603-1423 Enclosures: As stated. 919.828.0531 cc: Mr. Dennis Lassiter, P.E. -City of Raleigh fax 919.834.3589 1 1 1 1 1 1 1 1 1 1 1 0 8 -0 1 6 9 PRE-CONSTRUCTION NOTIFICATION SUBMITTAL FOR Bentley Woods Annexation -Phase I Water and Sewer Improvements 2466-AJ JnNUARY 2008 p ~C~f~d~IC p JAN 2 3 2008 DENh - +NAiEk QUk1111 WETLANDS AND ST(~tMWATEk BRANCH THE WOOTEN COMPANY ENGINEERING PLANNING', ARCHITECTURE tZ0 North Boylan Avenue Raleigh NC 27503-1a~3 919.828.0531 `ax 919.83d.338r3 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Title Pages Pre-Construction Notification Application ........................................................................ 5-14 APPENDICES Appendix A -Vicinity Maps & Site Plans ......................................................................... 1-4 Appendix B -Table of Buffer Impacts .............................................................................. 1-1 Appendix C - No Practical Alternatives ............................................................................ 1-2 Appendix D-Buffer Determination Including Soils Map & USGS Map of Project Area 1-5 L 1 1 1 1 1 1 08-0169 Office Use Only: Form Version March OS USAGE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 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. A licant Information ~ ~~ ~ ~ D PP 1. Owner/Applicant Information JAN 2 3 2008 Name: H. Dale Crisp -Director of Public Utilities pENR-WA~RQUAU nRn,ncH WTp~1Rn'r?ER~ Mailing Address: P.O Box 590, Raleigh, NC 27602 Telephone Number: 919-857-4540 Fax Number: 919- 857-4545 E-mail Address: dale. crisp(a,ci. raliegh. nc. us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: W. Brian Johnson. P.E. Company Affiliation: The Wooten Company Mailing Address: 120 N. Boylan Avenue, Raleigh, NC 27603 Telephone Number: 919-828-0531 Fax Number: 919-834-3589 E-mail Address: biohnson(a~thewootencompany. com Page 5 of 13 ' 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 1 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:Bentley Woods Annexation Phase 1-Water and Sewer System Improvements 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A (Linear project in NCDOT R/W and Cit~o~' Raleigh Sewer Easement) 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Bentley Woods Subdivision Directions to site (include road numbers/names, landmarks, etc.): Intersection of Fox Road (SR 2042) and Louisburg Road (US 401) extending North on US 401 to outfall sewer located on Perry Creek Road. 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): 1 W 1: 35° 52' 42" °N 78° 32' S5" °W W2: 35° 52' 40" °N 78° 32' 48" °W ' 6. Property size (acres): 20 acres 7. Name of nearest receiving body of water: Perry Creek 8. River Basin: Neuse (Note -this must be one of North Carolina's seventeen designated major river basins. The j River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 1 ' Page 6 of 13 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing Neighborhood /Subdivision 10. Describe the overall project in detail, including the type of equipment to be used: The project will involve the installation of a new water and sewer system to serve the neighborhood. Equipment used will include track hoes, and rubber tire back hoes. 11. Ex lain the u ose of the ro osed work: To serve the Bentley Wood Subdivision water p P rP p p and sewer needs. IV. Prior Project Histo J t'Y 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. None 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. This project will include the Phase 2 area which is located south of Fox Road. 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 be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) ' should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 13 i r-- 1 1 1. Provide a written description of the proposed impacts: Wetlands will be impacted by gravity sewer construction as outlined below. 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, ce»arately list im»acts due to hnth structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Wl Temporary Permanent Forested Yes adjacent 0.14 0.05 W2 Temporary Permanent Forested Yes adjacent None 0.004 Total Wetland Impact (acres) Temp: 0,14 Perm: 0.054 3. List the total acreage (estimated) of all existing wetlands on the property: Linear Corridor -Total wetland acreage (within construction corridor~quals total disturbed. 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 for both the original and relocated streams m„ct hP inclnrlerl_ Tn calculate acrea~e_ multiply length X width. then divide by 43,560. t 1 Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) None Total Stream Impact (by length and acreage) ' S. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to ' fill, excavation, dredging, flooding, drainage, bulkheads, etc. Page 8 of 13 1 t 1 1 1 Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) T e of Im act ~ P Type of Waterbody lake and estua ( > P ry, sound, bay, ocean, etc.) Area of Impact (acres) None Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): None Wetland Impact (acres): Temp. 0.14 and Perm. 0.054 0.194 Open Water Impact (acres): None Total Impact to Waters of the U.S. (acres) None Total Stream Impact (linear feet): None * * There are no permanent impacts other than the conversion of forested wetlands to herbaceous wetlands within the 10' maintenance corridor centered over the pipe alignment. No fill will be placed within jurisdictional wetlands. 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No 1 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. ' N/A 1 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 1 draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: r 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 durtng construction to reduce impacts. ' Page 9 of 13 t 1 1 1 Construction corridor through wetlands is limited to 40 feet with a 1 D' maintenance corridor centered over the wipe alignment. The gravity sewer has been located to minimize the disturbance to wetlands. Where possible the sewer was routed around the wetlands. Also temporargeasements were minimized where possible. The gravity sewer was routed as to avoid the Zone 1 buffer and minimize impact to the Zone 2 Buffer as much as possible while also minimizing disturbance to the pr~erties within the established neighborhood. All temporary easements were placed in order to avoid andimpact to the Buffer. 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 http•//h2o enr.state.nc.us/ncwetlands/strmgide.html. ~~ 1 Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigatingthrou~h avoidance and minimization. 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 Page 10 of 13 ' (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 wbsite at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: ' Amount of stream miti ation re uested linear feet : N/A g q ( ) Amount of buffer mitigation requested (square feet): N/A ' Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A ' Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ r 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify ~ Yes ® No ^ ' 2. If " es" identif the s uare feet and acrea e of im act to each zone of the ri arian buffers. Y ~ Y q g P P If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Page 11 of 13 1 1 XI. 1 1 Zone Impact (s uare feet) Multiplier Required Miti ation 1 0 3 (2 for Catawba) None 2 1700 1.5 None Total 1700 None 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 15A NCAC 2B .0242 or .0244, or .0260. N/A 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. N/A (linear project) 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. Wastewater collected by this project will enter the existing Clty o Raleigh Sewer System and be treated at the Neuse River Wastewater Plant. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No ' XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with ' the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Service Area already developed (i. e., existing subdivision) ~~ f Page 12 of 13 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 Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A /~ a/~~7 Applicant/Agent's igna re Date (Agent's signature is valid n if an authorization letter from the applicant is provided.) 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The water mains will be installed to replace existing asbestos cement water mains that currently exist. The sewer mains will replace the existing sewer services through individual septic tanks and will flow into an interceptor sewer that exists on the western side of the subdivision. The project is necessitated by the City's Phase 1 annexation of the northern part of Bentley Woods which became effective in June 2007. Once an area in the City of Raleigh has been annexed it must be provided City water and sewer within 2 years of the ' date of annexation. To construct this project it is necessary to get into zone 2 buffers in two locations as shown on the Drawings. All water mains are located within NCDOT rights-of--way and sewer mains are predominantly located within ' NCDOT rights-of--way with some lines paralleling_property lines. The main situations that cause a disturbance to the buffers are the location of the existing interceptor sewer, the existing topography and the dynamics of the established neighborhood. The location of the existing sewer mains as well as the topography of the land controlled the location of the sewer mains throughout the neighborhood. In order to reduce depth, serve all properties and connect to the existing sewer mains, the ' proposed routes were chosen. At times these routes must cross throwproperties and near existing buffered streams. Since the location of the sewer mains are controlled by these situations it was then necessary to balance the disturbance to ' these buffered areas with the disturbance to homeowner's properties. It should be noted that the neighborhood has been established for over twentyyears. There are many trees and existing structures that define these properties. In many cases, ' rerouting the sewer mains to totally avoid impact to these buffers would result in a sewer main goin directly through established backyards and very close to existing structures such as porches and sheds. As a result of these situations it was ' not considered feasible to relocate the sewer mains completely outside of the buffered areas. No Practical Alternatives Explanation Page 2 Controlling Impacts: See Plans. The water and sewer mains have been located to minimize ' impacts to wetlands, streams and buffers to the maximum extent practical based on economics and constructability. The construction corridor has been limited to 40 feet within wetlands and buffers to reduce disturbance. ' Only a 10-foot maintenance corridor will be maintained after construction while all other impacted areas can return to preconstruction conditions. After construction, impacted areas will be placed back to on ig nal rgrade ' (contours). To minimize impact when paralleling_property lines, the sewer mains were moved to impact as little of the zone two buffers as possible while also limiting the intrusion into established backyards. A small ' portion of impact was necessary to avoid disturbance to an existing storage building. To minimize the impact when crossin t~gh wetland areas, the sewer main was rerouted so that the minimum amount of wetlands will be impacted. 1 ii 0 1 Appendix D Buffer Determination Including Soils Map & USGS Map of Project Area ~ WaTF wucuani r. Gamey, ~awoniw ~ O '7 ~ Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r `l Coleen H. Sullins, Director o -c Division of Water Quality ' December 13, 2007 The Wooten Company Attn: Stephanie Bliss 120 N. Boylan Avenue Raleigh, NC 27603 NBRRO 07-284 County: Wake BASIN: , Neuse River X T~-P~O~ (15A NCAC 2B .0233) (15A NCAC 2B .0259) Complaint NOV Buffer Determination X Incident # Appeal Call Project Name: Bentley Woods Subdivision Location/Directions: located west of Hwy 401, between Perry Creek Road and Fox Road. South of Fox Road. east of Perry Creek in Raleit?It Subject Stream: UT to Pe Creek J rTY Date of Determination: 12/6/07 1 1 Feature(s) Not Subject Subject Start (a~ Stop (c~ Stream Form Pts. Soil Survey USGS Topo A X X B X X C X {between culverts behind lots 74i2 and 7410 Beaverwood X D X X E X X F X X G X X H X X I X Fla I X J X X Pond 1 X X Explanation: The feature{s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located oa the property and possess characteristicstpat qualify it to be a stream. There maybe ~o°` Caro ina ~atura~ly North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection ' Internet h2o.enr.state.ne.us 1628 Mail Service Center Raleigh, NC 27699-1628 An Equal OpportunitylAfifrrnativeAGtion Employer- 5096 Recydedll0°~6 Post Consumer Paper Phone (919) 791 X200 Customer Service FAX (919) 571-4718 1-877-623-6748 f ~J 1 1 ~' J ILll3lV/ ,Page 2 of 2 other streams located on your property that do not show up on the maps referenced above but, still maybe considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request far a determination by the Director shall be referred to the Director in writing do Cyndi Karoly ,DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule tnay ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respectfully, Lauren C. Witherspoon Environmental Senior Specialist CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 RRO/SWP File Copy _ _ Central Files `~' ~ ~ ~~ 1 __ } { .- ....__ _.. 0 ,_'_ .,.._._ _ . w. ,._ _ _'_l North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection ' Internet h2o.enr.state.no.us 1628 Mail Service Center Raleigh, NC 27699-1628 An Equal OpportunitylAffirma6ve Action Empbyer -5096 Recyded/10°k Post Consumer Paper Phone (919) 791-4200 Customer Service FAX (919) 571-4718 1-877-623-6748 NorthCarolina JVaturall~ 1 fl 1 1 ii ~I u Page i of 1 Map created or 12~13!2G07 316.18 PM C~~pyric;'7t 2G~.7 City of Ra~eich. ','V2i:e Couniy G~ ~,~rp~ ~1l! 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