20040165 Ver 1_401 Application_20040206

US Army Corps of Engineers
Attn: Mrs. Jennifer Burdette
6508 Falls of the Neuse Rd., Ste.
Raleigh, NC 27615
6,40165

120
RE: Nationwide Permit 39 and Buffer Compliance
Ballentine Subdivision, Phases 5, 6 & 7
Fuquay-Varina, Wake County, North Carolina
S&EC Project #: 3651. W 1
Dear Mrs. Burdette and Mr. Dorney:
February 5, 2004
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
WETLANDS 1401 GROUP
FEB 0 h 2004
WATER QUALITY SECTION
On behalf of Ballentine Farms, LLC (property owner), we hereby request authorization
from the US Army Corps of Engineers (USACE) to use Nationwide Permit 39 for
proposed permanent impacts to a perennial channel resulting from a residential road
crossing. In addition, we request written concurrence from the North Carolina Division
of Water Quality that the project complies with the Neuse Buffer Rules and the 401
Water Quality Certifications associated with NWP 39. A Pre-construction Notification
Application (PCN) is attached, which includes an Agent Authorization Form.
The site, consisting of phases 5-7 is ± 54 acres in size and is part of a larger, multi-phase
development that will total approximately 200 acres in size. The site is located east of
Sunset Lake Road (SR 1301) and north of Terrible Creek in Fuquay-Varina, Wake
County. Please refer to the attached map (Figure 1) for the project's location on a USGS
topographic quadrangle.
The purpose of this project is to construct a residential subdivision that will meet the
demand for housing in this area. Proposed impacts resulting from the road crossing will
total 139 linear feet of perennial channel, 8,634 square feet to Zone I and 5,074 square
feet to Zone 2 of the Neuse Buffers. A mulched path is also proposed along the southern
side of the previously mentioned perennial channel, segments of which will be located in
Zone 2 of the buffers. Because no vegetation will be removed, we believe the path is
exempt from the buffer rules, however we are providing DWQ with this information as a
courtesy and for review.
Charlotte Office: Greensboro Office: Hickory Office;
236 LePhillip Court, Suite C 3817-F, Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone: [phone]
Fax: [phone] nx: [phone] Fax: [phone]
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
February 5, 2004
S&EC Project #: 3651.W1
Page 2 of 3
S&EC completed a detailed wetland delineation and Neuse Buffer Evaluation in 1999.
On February 8, 1999, Mr. Todd Tugwell with the USACE issued a Notification of
Jurisdictional Determination (AID 199920461). On January 25, 1999, Mr. Steve
Mitchell with the NC-DWQ visited the site to determine to starting point of riparian
buffers (NBRRO 00-047). A copy of the Jurisdictional Determination and the Neuse
Buffer letter are attached. Nationwide permits 12 and 26 were previously issued for the
entire 200 acre multi-phase development in 1999 (AID 199920461/199920885).
However, the perennial channel impacts never occurred since two of the proposed road
crossings (areas 2 & 10) were not constructed (see attached copy of previously permitted
areas and original channel impacts). The plans have been revised to avoid one crossing
entirely and reduce impacts at the other crossing. Based on the previous application, and
the fact that no important/significant channel impacts have occurred, we believe the
revised plans will still fall below the thresholds that require mitigation or an Individual
Permit.
Buffer Compliance (Road Crossing & Mulched Path)
The applicant proposes a residential road crossing, labeled Exhibit B on the attached
impact maps, across an unnamed tributary to Terrible Creek. This crossing will impact
13,708 square feet (0.32 acres) of riparian buffers. Erosion and siltation control devices
will be used during construction of the road crossing. The applicant also proposes a
mulched path, which will be six feet wide, segments of which will be located within the
Zone 2 buffer. The project engineer has provided a "Statement of Justification" for the
impacts. We believe this is an exempt activity provided the health of the vegetation is
not compromised. Please see this attached statement for further detail.
The NC-DWQ requires riparian buffer mitigation for stream crossings resulting in greater
than one-third of an acre of impacts or > 150 linear feet per crossing. Because the
proposed stream crossing is below these thresholds, no buffer mitigation is proposed. As
stated in the attached "Statement of Justification", the proposed mulched path is required
per Town of Fuquay-Varina planning and will greatly enhance open space access within
and around the subdivision and the adjacent Wake County Public Schools facility.
Nationwide Permit 39
An unnamed tributary to Terrible Creek separates the central and northeastern portions of
the property from one another, making it necessary to construct a road crossing over the
channel. This crossing will be an extension of the existing Trefoil Lane, which currently
stubs south of the perennial channel. In order to minimize impacts, headwalls will be
installed on either side of the proposed roadway. The applicant will employ appropriate
erosion and siltation controls during construction. This project will comply with the
general and regional conditions of N WP 39. No wetlands will be impacted by the
proposed road crossing.
February 5, 2004
S&EC Project #: 3651.W1
Page 3 of 3
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 thresholds for notification (0.10 acre) or if a discharge causes the loss of any
open waters. In an attempt to minimize impacts, the applicant proposes the use of
headwalls and will cross the channel perpendicularly. Typically, impacts of less than
150 linear feet of important channel do not require mitigation; therefore, S&EC does not
believe mitigation should be required by the USACE for this project. However, if
mitigation is required, the applicant proposes payment to the NC-EEP.
NC-DWQ's current policy requires mitigation for perennial stream impacts of greater
then 150 linear feet per project. Because the proposed impacts are below these thresholds,
we do not believe mitigation should be required.
Sincerely,
Todd Preuninger
Biologist/Project Manger
Attachments:
Pre-construction (PCN) notification form
Site Location Map-USGS (Figure 1)
Proposed Channel Impact Maps (Overall map, Exhibit B)
Proposed Mulched Path Maps (Exhibits C & D)
General Permit Verification & DWQ Approval
Previous Permitted Proposed Road Crossing Impact Maps (Overall & Inset B)
Agent Authorization Form
Statement of Justification for Zone 2 Impacts
NC-DWQ Neuse Buffer Letter
USACE Jurisdictional Determination
$200 Check to NC-DWQ
Office Use Only' Form Version May 2002
USACE Action ID No. DWQ No.
(if any particular item is not applicable to this project, please enter NOT Hppucaoie or NSA .)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: PS/SE Ballentine Farms, LLC
Mailing Address: Attn: Mr. Rob Shank
2514 Reliance Avenue
Apex NC 27502
Telephone Number: 919-303-8525 Fax Number: 919-303-8524
E-mail Address: Not Available
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: Mr. Todd Preuninger
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: [phone] Fax number: [phone]
E-mail Address: Preuninger SandEC com
Page 1 of 9
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: Ballentine Subdivision - Phases 5,6 and 7
2. T.I.P. Project Number or State Project Number (NCDOT Only):
NA
3. Property Identification Number (Tax PIN): 066702972793
4. Location
County: Wake Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): Ballentine Subdivision Phases 5, 6, & 7
Directions to site (include road numbers, landmarks, etc.): The Ballentine Subdivision is
located east of Sunset Lake Road (SR 1301) and north of Terrible Creek, lust north of
Fuquay-Varina (please see attached USGS site vicinity map)
5. Site coordinates, if available (UTM or Lat/Long): 035°36'49.00"W / 078°46' 14.02"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Current project + 54 Acres; Total property size + 200 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Terrible Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is an undeveloped wooded tract. Existing phases
1-4 are located west/southwest of the site.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is a single-family residential subdivision with the typical utilities (i.e.,
sewer, water, electric etc) One perennial channel and its associated riparian buffers will be
impacted to provide a road crossing for the Ballentine Subdivision In addition the applicant
proposes a mulched path that will be located along the riparian buffer. Typical excavating
and grading equipment will be used during construction of the road crossing.
11. Explain the purpose of the proposed work: The channel crossing_ is proposed in order to
access contiguous portions of the subdivision The mulched path will be located adjacent to
and paralleling the stream Portions of the path will be located in Zone 2 of the buffer
(please see attached "Statement of Justification for Buffer Impact for Greenway Trail"). The
trail will be constructed of mulch and will not compromise the health of the existing
vegetation
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.
Nationwide Permits 12 and 26 were issued previously for the entire project in 1999. However,
the permitted important/significant channel impacts (Areas 2 & 10) never occurred (see attached
copy of 1999 impact mks) S&EC completed a detailed wetland delineation and Neuse Buffer
Evaluation in 1999 On February 8 1999, Mr. Todd Tugwell with the USACE issued a
Notification of Jurisdictional Determination (AID 199920461). On Janum 25, 1999, Mr. Steve
Mitchell with the NC-DWQ visited the site to determine to starting point of riparian buffers
(NBRRO 00-047). A copy of the Jurisdictional Determination and the Neuse Buffer letter are
attached.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future impacts are expected at this time
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: One perennial channel and its
associated riparian buffer will be permanently impacted for a road crossing.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact I00-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma) (acres) (es/no) linear feet)
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nit,
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 (FF,MA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://w?v\v.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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: > 1 acre
Total area of wetland impact proposed: None
3. Individually list all intermittent and perennial stream impacts below:
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 lease specify)
Road Crossing Culvert/rip-rap 139 UT to Terrible Creek 3-4 feet Perennial
* 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.use,s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maQquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 139 linear feet
Page 4 of 9
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):-NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):-NA
Size of watershed draining to pond:-NA Expected pond surface area:-NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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 applicant requested a Neuse Buffer delineation of channels on-site prior to site plan
development in order to determine the extent and location of streams and buffers. Although
jurisdictional areas were avoided to the maximum extent practical, one unnamed tributary to
Terrible Creek separates the central and northeastern portions of the property from one another,
making it necessary to cross the channel. This crossing will be an extension of the existing
Trefoil Lane, which currently stubs south of the channel. Please note that the 1999 plans called
for 2 road crossings and the current design only impacts the channel at one location. The
applicant plans to cross the channel at an approximately perpendicular angle in order to minimize
impact to the stream and riparian buffer. The proposed mulched path is required as part of site
plan approval from the Town of Fuquay-Varina. The path will connect the subdivision with the
Wake County Public School facility adjacent to the west of the property. In order to provide a
natural and more scenic setting for outdoor recreation the path has been designed to parallel the
channel. This activity is exempt from the buffer rules but has been provided for your review.
Page 5 of 9
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
1-ittp://li2o.enr.state.nc.us/ncwettands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The jurisdictional areas have been avoided to the maximum extent practicable. Impacts to
the channel are less than 150 linear feet and will be minimized by using headwalls and
crossing at a nearly perpendicular angle. Moreover, mitigation is not required by DWQ for
perennial channel impacts of less than 150 linear feet per project. Two impacts were
previously permitted for two road crossings, however construction never occurred. Because
perennial channel impacts are less than 150 linear feet for the entire subdivision, we do not
believe mitigation should be required. If mitigation is required, the applicant proposes
payment into the NC-EEP.
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M/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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Page 7 of 9
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.
Road Crossing (Exhibit B)
Zone* Impact
(square feet Multiplier Required
Mitigation
1 8,634 3 NA
2 5,074 1.5 NA
Total 13,708 NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 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.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Site will contain <30% impervious following? construction, as Der comments by Mr. Dale
Werenko of Withers & Ravenel (Project Engineer).
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.
The proposed subdivision will tie into the exiting Town of Fuquay-Varina sanitary sewers sum.
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
Page 8 of 9
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).
AC V ,- e_-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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NOT FOR RECORDING OR CONSTRUCTION
TYPICAL CROSS SECTION - GREENWAY TRAIL
A-A 0 50' 100' 200' 400'
SCAU: 1'- 100'
BALLENTINE SUBDIVISION BUFFER IMPACTS
MAP
WITHERS &' RAV E N E L PHASES 5, 6& 7 Dace 01/06/04
ENGINEERS PLANNERS 1
NNi?URY9L?Y0R FU UAY•VARINA
275 11 Q lob Na 203175.00
WAKE COUNTY NORTH CAROLINA Scale 1" =100'
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EXHIBIT D
PRELIMINARY
NOT FOR RECORDING OR CONSTRUCTION
0 5or 100, 200' floor
SCALE, 1'- 100'
BALLENTINE SUBDIVISION BUFFER IMPACTS MAP WITHERS RAV E N E L PHASES 5, 6& 7 Date 01/06/04
111 Yed?Iln D`NiNlbl`tll`GNSir• N N„v OR FU UAY•VARINA
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WAKE COUNTY NORTH CAROLINA Scale 1" =100'
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Ballentine Phase 5 6 7
Statement of Justification for Zone 2 Buffer Impact for Greenway Trail (allowable use)
Ballentine Subdivision Phases 5, 6 & 7 is a residential subdivision located in the town of
Fuquay Varina. It consists of 156 single family residential lots on 53.7 acres and is
bisected by a NCDENR/DWQ regulated Neuse River stream buffer that meanders
approximately northwest to southeast across the site. Part of the site plan approval
through the Town of Fuquay Varina requires that a public trail be constructed from an
existing greenway in the southern phase of Ballentine bordering this project to the Public
School facility bordered on the western boundary. We are proposing the greenway trail
be located adjacent to and paralleling the stream, meandering in and out of the buffer
Zone 2 as dictated by site constraints.
The proposed grading of this site requires a graded/sloped backyard for the lots and will
create tie-out slopes at the rear of the lots along the buffer. In most cases these slopes are
located outside of Zone 2. The greenway trail will follow these rear lots. In some areas
the slopes tie-out at the buffer line and do not provide for locating the trail outside of
Zone 2. These locations would require the trail be located inside of Zone 2.
Providing the trail along the buffer provides a more natural and scenic setting for hiking,
biking and other outdoor activities and would allow the public to enjoy the benefits of the
open space required for this project.
This trail will be a 6' wide mulched trail and will be installed with minimal disturbance to
existing vegetation. The trail will meander between existing trees and vegetation to avoid
disturbance. The entire trail length paralleling the stream is approximately 1870 LF. We
are requesting to locate approximately 785 LF (approximately 42% of the trail length
along the stream) of the greenway trail inside Zone 2 of the Neuse River Buffer.
S&EC, Inc. Project # 98-3651
8a. Have any Section 404 permits been previously requested for use on this property? YES ( ) NO (X)
If yes, provide Action ID number of previous permit and any additional information (including photocopy of
404 certification). NIA
8b. Are additional permit requests expected for this property in the future?
YES ( ) NO (X) If yes, describe anticipated work: N/A
9a. Estimated total number of acres in tract of land: + 200
9b. Estimated total number or acres of wetlands located on project site: > 10
10a. Number of acres of wetlands impacted by the proposed project by:
Filling:
Excavation:
Flooding:
Drainage:
Other:
Total acres to be impacted:
Proposed Imacts
0.816 (NW26)
0.434 (NW12)
1.249 (Total)(Permanent = 0.816)
10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and
after relocation):
?t ok Length before: 262.9 Lf, associated with 4 road crossings 1128.2 U. potentially "important"
(Areas 2 & 10): 134.7 Lf. "un-important" (Areas 1 & 7)1
17, ?7 After: n/a
Width Before (based on normal high water contours): 3' Width After: n/a
?p Average depth before: <V After: n/a
* In addition to the four road crossings of the secondary "intermittent" stream channels, Terrible
Creek will be crossed with a sanitary sewer line in two locations to connect to an existing sanitary
sewer line. The creek is approximately 10 feet wide in these locations and the proposed linear feet
of impact for both crossings will be less than a total of 80 feet. The crossings will comply with all
the General Conditions stated within Nationwide Permit #12.
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: Placement of pipe in channel: X
Channel Excavation: X Construction of a Dam/Flooding:
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? n/a
What is the expected pond surface area? n/a
12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans
8 1/2" x 11" drawings only):
The proposed work will include impacts to wetlands and waters for the purpose of
constructing a residential subdivision Nationwide Permit 12 will be used for the installation
of a sanitary sewer line and Nationwide Permit 26 will be used for lot fill and road
construction.
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_ U.S. ARMY CORPS 01" ENGINEERS
Wilmington District
Action ID: 199920461 / 199920885 County:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property
Owner PS/SE - Ballentine Farms, LLC
Address 203-C Colonades Way
Cary North Carolina 27511
Telephone Number 919-233-8000
Authorized
Agent Soil & Environmental Consultants, Inc.
Attn: Bob Zarzecki
Address 244 West Millbrook Road
Raleigh NC 27609
Telephone Number 919-846-5900
Size and Location of Property (waterbod , Highway name/number, town, etc.):
The property is approximately 200 acres in size and is located east of the intersection of Sunset Lake Road
(SR 1301) and Ballentine Dairy Road (SR 1400), in Fuquay-Varina, Wake County, North Carolina. The
site is adjacent to Terrible Creek, above headwaters, in the Neuse River Basin.
Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of
pipes, and the placement of fill associated with the construction of Ballentine Farms subdivision. Impacts
to wetlands and waters authorized by this permit include 0.434 acre for utility line crossings under NWP
12 (AID 199920461) and 0.815 acre of wetland and channel impacts for lot fill under NWP 26 (AID
199920885). Impacts to wetlands and waters total 1.249 acre.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
12 & 26 Nationwide Permit Number(s)
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Regulatory Project Manager Signature
Date May 19 1999 Expiration Date May 19, 2001 (NWP 12)
Expiration Date September 15, 1999 (NWP 26)
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Wake County EH&CD (enclosure)
State of North Carolina
0'epartment of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1 -4
l
NCDEN?
NORTH CAROLINA DEPARTMENT OF 1L1'
ENVIRONMENT AND NATURAL RESOURCES'
June 10, 1999
Wake County
DWQ Project #990380
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
PSLSE- Ballentine Farms, LLC
Att; David Goracke
203 -C Colonades Way
Cary N.C. 27511
Dear Mr. Goracke
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 1.249
acres of wetlands or waters for the purpose of constructing the proposed Ballentine Farms Subdivision, as you described in your
application dated 19 April 1999. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 3101 and 3108. These certifications allows you to use Nationwide Permit Numbers 12 and 26
when the Corps of Engineers issues these. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed
in the attached certification and any additional conditions listed below.
I. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities
through the protected stream buffers.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. 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, P.O. Box
27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone John Domey at 919-733-1786.1
y
err tevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Dorney
Central Files
Bob Zarecki 990380.Itr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper

March 10, 1999

Bob Zarzacki
S&EC,Inc.
244 West Millbrook Road
JAMEs B. u
G GOVERNOR Nr1R. Raleigh, N. C. 27609
Subject:
,. n

Dear Mr. Zarzacki:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
1
Neuse River Basin Riparian Buffer Rules
NBRRO 99-047
S&EC #98-3651
Ballentine Property/Terrible Creek
Wake County
On January 25, 1999 I met with you at the subject property to conduct a site visit for the above referenced
project. This project is referenced by the Raleigh Regional Office as NBRRO 99-009. It was determined
that there are several features on site that are at least intermittent streams and therefore subject to the Neuse
River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing
Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233).
The streams (features) have been delineated on the map received by this Office January 26, 1999 and the
areas applicable to protection under the Neuse Buffer Rules are as follows:
From Flag NBR 01 beginning at the edge of the property along the 1400 series flags to the eastern
property line;
From flag NBR 02 beginning at the stream channel split in the upper pond near flags 317 and 318
continuing south to the end of the forested vegetation;
From the end of the tree line to the second dam, there is no protection afforded to the stream because
there is no forested vegetation to protect;
Fifty feet from the breach in the dam south to the property line along the 1000 series flags;
and, the impounded water along the 1300 series flags at the southeast corner of the property.
?• ."Thank you for your attention to this matter and if this Office can be of any assistance or if you have
`I additional questions, please do not hesitate to contact us.
%?ty cc: RRO/Domey
' H:\nbrlet.for\neuse.buf\balntine:047
Sincerely,
eve Mitchell
Environmental Scientist
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFI-IRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Ill: 199920461 County: Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property
Owner Nancy Elliott
c/o Soil & Environmental
Consultants, Inc.
Authorized
Agent ental Consultants,, Inc.
`'tA Zarzecki
Address 244 West Millbrook Road
Raleigh, NC 27609
Telephone Number 919-846-5900
Telephone Number 919-854-9979
Size and Location of Property (waterbody, Highway name/number, town, etc.):
The property is approximately 200 acres in size and is located east of the intersection of Sunset Lake Road
(SR 1301) and Ballentine Dairy Road (SR 1400), in Fuquay Varina, Wake County, North Carolina. The
site is adjacent to Terrible Creek, above headwaters, in the Neuse River Basin.
Indicate Which of the Following Apply:
0 There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
0 There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
This project is located in the Neuse river basin. You should contact the North Carolina Division of Water Quality
at [phone] to determine additional requirements specific to this river basin.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Project Manager Signature,
Date February 8, 1999 . Expiration Date February 8 2004
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
01/19/2004 17:27 1ST AMERICAN LAND 4 8469467 N0.047 P002
qI/10/2004 X8:08 Fat
I1O;l & ]Environmcntal Consultants, PA
I 1010 Raven Ridge Road • Raleigh. North Carolina 27614 • Phone; [phone]
www.Sandzc,com
AGENT AUTHORIZATION FO1RMv J

Name:
Address:
Phone:
project Name/ Description:
Date:
The Department of the Army Distract
U.S. Army Corps of Engineers, WiJmington
P.O. Box 1890
WAdijngto`r?, NC 28402
Attn:
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
,tv
PA to nViTOn I, the current o e owner, herby designate and&uth r2* 5dons,Ete furnish upon reA s '
acct in my behalf as my agent in the processing Pe day of
sup lemental information in support of applications, etc- from this day forward. The Y
Iris notification supersedes any previous correspondence concerning the agent for this project.
NOTICE'. This authorization, for liability when accom an. d by 9&-EC staff. youishou d call S&EC
and professional government officials to enter the property P
to arrange a site meeting prior to visiting the site.
Print Property Owrxer's Name
cc' Mr. john Dorney
NCDENR - DWQ
2321 Crabtr0l-- Boulevard
1 ' NC 27"
Property pwner's Signature
cc_ Mr. Todd Preuninger
Soil & Environmental Consultants, PA
Ra sigh, .
1?4>y (7Pficc:
tO 622 Coup Mountain l..une
Charlotte Ofd: 3g17-r, Law?dale Drive
2361.cPh iP C PUP, Suite C Greensboro. NC 27455 'ftylorsvilld. NC 28681
phone (R2B) h35?5820
Concord., t`?C 28025. ,..i phone: [phone] Fax: [phone]
plwnc: (704j 76- .940 Fax: [phone]
Fax' (?04)720-9406.