20040165 Ver 2_More Info Received_20050804

NCDENR-DWQ
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
US Army Corps of Engineers
Attn: Ms. Jean Manual
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Re: Reply to the DWQ's June 24, 2005 Request for Further Information for the proposed
Ballentine Subdivision (Phases 5-7), Wake County, North Carolina
Dear Ms. Karoly and Ms. Manual:
The purpose of this letter is primarily to respond to DWQ's 06/24/05 letter requesting
additional information. In an effort to respond to the questions raised by DWQ additional
information has been made available to my office, which will require a revision to the
previously submitted application. The previously submitted application used stream
survey data that was based on information obtained from a GPS system with sub meter
accuracy. A more recent survey showing the actual top-of-bank of the stream has since
been completed which shows a different drainage pattern. This most recent survey is
more accurate than what the original application's impact maps were based on and
because there is no current sign-off approval of this area we believe that it is necessary to
depict what is actually in the field currently and base the proposed impact maps on that
information. A revised application is attached. New requested impact totals due to the
road crossing are now 14,462 ft2 (previously 14,387 ft2 requested), 177 LF of perennial
stream (previously 139 LF requested), 71 LF intermittent/unimportant (not previously
requested), and 6,277 ft2 of wetland (previously 7,635 ft). It is also important to note
that the area of impact within the newly designated intermittent stream area was
previously quantified under the requested wetland impact area.
The remaining portion of this letter will restate the DWQ's requests/questions and then
follow each with our response.
1. Please provide a complete, detailed breakdown of the assumed built-out
conditions including but not limited to footprints of houses, driveways, sidewalks,
roads, amenities, etc.
Charlotte Office, Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SandEC.com
- August 4, 2005
S&EC Project # 3651.W1
DWQ# 04-0165
or: Action ID #200420702
VETi!4? ["0
A detailed breakdown of the impervious area is shown on the attached Sheet 1. The
proposed impervious surface area will be less than 30% and will most likely be much
less than what is expressed in the chart on Sheet 1. The chart on sheet 1 assumes that
the largest model house with the largest proposed footprint (driveways etc.) will be
constructed on each lot, which is extremely unlikely to occur.
2. Please provide an overall drainage plan with topography that includes the
locations of all level spreaders.
The attached Sheet 2 shows topography and provides the locations of the
proposed level spreaders and depicts their lengths to scale.
You are proposing a 139' stream crossing with outlet protection however at the
endpoint of the outlet protection the stream shifts directions at an approximate
70-degree angle. The DWQ believes this stream bank may become unstable
and/or the stream in this location may redirect itself and cause additional stream
impacts. Please address this issue.
As stated above in an effort to address this question a top-of-bank survey was
completed. This stream is not an extremely well defined stream within a wetland in the
upper coastal plain and as such is prone to shifting during significant storm events or if
an adjacent tree is uprooted and redirects the channel. Currently the main channel that
exits the pond (upstream of the proposed crossing) is perennial and is correctly
depicted on the attached Exhibit C Inset Map.
An intermittent channel exists to the north of this perennial stream channel that does
not connect to the stream on the upstream end. During significant storm events this
intermittent channel acts as an overflow channel when the main stream overtops its
banks and cuts off the bend in the main channel.
Due to the revised survey information it does not appear that the valid concerns raised
in #3 above will be applicable. The stream channel below the proposed outlet point
does not have a sharp bend in it so the stream bank will remain stable.
Please call or email me at SClark(@SandEC.com if you have any questions or require
further explanation.
Sincerely,
Sean Clark
Attachments: 1) Revised Exhibit C sheet
2) Sheets 1 and 2 showing proposed level spreader locations
2
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of Information Is estimated to average 5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directories of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 222024302= and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws required permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material Into waters of the United States, and the transportation of dredged material for the
purpose of dumping It into ocean waters. Routine Uses: Information provided on this from will be used in evaluating the application for a permit.
Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor
can a permit be issues.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS I THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICAN7)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (en agent is not requited)
PS/SE Ballentine, LLC Soil & Environmental Consultants, PA
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
2514 Reliance Ave 11010 Raven Ridge Road
Apex, NC 27539 Raleigh, NC 27614
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence a. Residence
b. Business [phone] b. Business [phone]
11
STATEMENT OF AUTHORIZATION
I hereby authorize, Soil & Environmental Consultants, PA to act in my behalf as my agent In the processing of this application and to furnish, upon request,
supplemental information In support of this permit application.
See attached Agent Authorization Form
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Ballentine Subdivision Phase 5, 6, and 7.
13. NAME OF WATERBODY, IF KNOWN (dappirable)
15. LOCATION OF THE PROJECT -Fuquay -Varina
COUNTY Wake
STATE NC
14. PROJECT STREET ADDRESS (dapplicabie)
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (sae instructions)
See attached site map (Figure 1)
17. DIRECTIONS TO THE SITE
1.25 miles north of the intersection of Sunset Lake Road (SR 1301) and Hwy 40:1 (Main Street).
ENG. FORM 4345, Feb 94 EDITION OF SEPT 91 IS OBSOLETE (Proponent: CECW-OR)
18. Nature of Activity (Description of project, include all features)
The proposed development consists of mechanized landclearing, excavation, the placement of fill, and the installation of culverts
associated with the construction of Ballentine Subdivision, Phase 5, 6, and 7.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The project purpose is to provide for road access to a portion of the property that is isolated by streams.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
The wetlands in the proposed road alignment will need to be filled to allow for the construction and stabilization of the road.
21. Type(s) of material Being Discharged and the Amount of Each Type in Cubic Yards
1,555 cubic yard of construction grade fill will be placed in the wetlands.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
For Phase 5, 6, and7, 0.1441 acres of wetland, 71 LF of intermittent channel, and 177 LF of perennial stream channel will be
impacted, bringing the cumulative project total to approximately 0.88 acres of wetlands and waters.
23. Is Any Portion of the Work Already Complete? Yes No X_ IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
Adjacent property owners are shown in Attachment12.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
USACE Approved Delineation 199920461 Adjacent 02/08/1999
DWQ Buffer Determination NBRRO 00-047 01/25/99
USACE 404 Cert. NWP 12, 14,
and 26 199920461, 04/19/1999 05/19/1999
199920885
DWQ 401 990380 04/19/1999 06/10/1999
Would include but is not restricted to zoning, building and flood plain permits.
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete
and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant.
0 -
NATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the
statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully
falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes
or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or
imprisoned not more than five years or both.
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BUFFER IMPACTS
(Action ID #200420702 1
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BALLENTINE SUBDIVISION BUFM IMPACs MAP
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