HomeMy WebLinkAbout20150428 Ver 2_401 Application_20160816r
1 �
August 9, 2016
r
NC Division of Water Resources.
Attn: Ms. Cherri Smith
401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Re: Glen Creek Residential Subdivision
Modification request for DWR# 15-0428
Request for written verification to use WQGC 3885
Sage Project #2016.14
On behalf of the owner Glen Creek, LLC, please find attached a complete application and
supplemental information requesting written concurrence from the N.C. Division of Water
Resources (DWR) that the activities proposed below may proceed under Water Quality
General Certification 3885 for bank stabilization. Proposed stream bank stabilization activities
will not require tree clearing and will be less than the 500 linear foot notification threshold for
the US Army Corps of Engineers (USACE) therefore the USACE has not been copied with this
submittal, however the proposed activities have been discussed with Mr. James Lastinger of
the USACE. The proposed activities have also been briefly described to Ms. Cherri Smith of
the NCDWR during a phone conversation.
Project History
This project was originally delineated in 2007 and proposed impacts were permitted (DWQ
Project # 08-1015) on October 13, 2008. The approval allowed for 140 linear feet (LF) of
stream channel impact and 7,304 ft2 of riparian buffer impact. The project was never
initiated or constructed due to the economic recession.
Streams and wetlands on the property were redelineated in December of 2014 to ensure -
that the necessary data was available and conditions had not changed. A preliminary
jurisdictional determination was issued based on this delineation. Proposed impacts were
permitted by the NCDWR on June 15, 2015 (DWR #15-0428) and by the USACE on July 22,
2015 (Action ID #SAW -2015-00986).
I
Authorized activities within the 2015 permits included a single road crossing totaling 130 LF
in length. Associated riparian buffer impacts totaled 8,142 ft2 in Zone 1 and 2,571 ft2 in Zone
2. Due to the location of the project, streams on the project not only have the 50 -foot Neuse
River Riparian Buffers but also have an additional 50 -foot buffer beyond that providing a 100-
foot buffer on each side of the streams. Streets on the project will not use curb and gutter
but instead use grassed shoulders and swales/ditches to convey stormwater.
Glen Creek -Subdivision Sage Ecological Services Page 1 of 2
Project Summary and Purpose
The permitted road crossing location was chosen to cross the stream at a point previously
used in the past as a farm or logging road. Stream banks in this location both up and
downstream are steep. The property owner wishes to add armoring (riprap) to the banks in
the locations shown on the attached maps in order to reduce future bank failure and erosion.
A total of 89 linear feet of stabilization is proposed. Trees will also be planted in strategic
locations to encourage root growth along the banks to add to long-term stabilization.
Project Impacts
No impacts to the stream bed or wetlands are proposed as a result of the proposed activities.
No additional riparian buffer impacts are proposed as a result of the stream bank stabilization
efforts.
If you have any questions, please call me at (919) 559-1537.
Sincerely,
Sage Ecological Services
Sean Clark, PWS
Attachments: '
Pre -construction Notification (PCN) Application Form,
Agent Authorization Form
DWR (DWQ) Buffer Letter
Previously issued 401/Buffer approval
Previously issued 404 approval
Site Photographs -
USGS Topographic Quad Site Vicinity Map `
Wake County Soil Survey Site Vicinity Map
Impact Maps (3 sheets)
Check for. $240 Application Fee to DWR
Glen Creek Subdivision Sage Ecological Services Page 2 of 2
'50
Office
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ® No
For the record only for Corps Permit:
® Yes ❑ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Glencreek Subdivision
2b. County:
Wake County
2c. Nearest municipality / town:
Raleigh
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
Buffaloe Preserve LLC
012998 / 02411
3c. Responsible Party (for LLC if
applicable):
Richard Stockett UU AU6 0
9 2016
3d. Street address:
901-F Paverstone Drive
S
3e. City, state, zip:
Raleigh, NC 27615 40 B F
3f. Telephone no.:
919-623-3404
3g. Fax no.:
N/A
3h. Email address:
stockettr@yahoo.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Inforrnation (if different from owner)
4a. Applicant is: ��
r�
s ❑ Agent ❑ Other, specify:
4b. Name:
1 �j�,. �"iC
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4c. Business name
(if applicable):
iri��, �;--�f�_ fi'.'ScJ :.''_iii �'.. ,
4d. Street address:
`y
4e. City, state, -zip.
-
- - -- - - - ----- -
. --- --- --- --- --- - -- - •- -
4f. Telephone no.:-
4g. Fax no..
4h. Email address:i
5. Agent/Consultantlnformation (if applicable)
,li.
5a. Name: f,
LL -
Sean Clark
5b. Business name
(if applicable):
-
Sage Ecological'Services
-
5c. Street address:
sem;
3707 Swift Drive,
5d. City, state, zip:
Raleigh,,NC 27606:3;,.
-,� , ;,,;;': •�� �+i ��, .. r.., tt�
5e. Telephone no
919-559-1537
5f. Fax no.:
5g. Email address`.'
'�7
sclark@sageecological.com
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Page 2 of 10
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Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
1628185682
1 b. Site coordinates (in decimal degrees):
Latitude: 35.6459 Longitude: - 78.5963
1 c. Property size:
137.24 acres (within project area)
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Swift Creek
2b. Water Quality Classification of nearest receiving water:
QNSW
2c. River basin:
Neuse River Basin (HUC 03020201)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: The project is a partially developed residential community. Roads and utilities have been installed.
The remaining portion of the project is forested except for several regioinal utility easements.
3b. List the total estimated acreage of all existing wetlands on the property: +/- 6 acres on the overall property.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/-12,000 LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed impacts is to stabilize previously eroding stream banks in the vicinity of an approved road
crossing on the property.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project is a residential community. The requested impacts are for stream bank stabilization.The bank
stabilization will not require the removal of any trees. Heavy equipment typically used for road construction projects will
be utilized (e.g. dump trucks, back hoes, etc) to transport materials however but will not be used for installation in most
cases.
4. Jurisdictional Determinations
® Yes ❑ No ❑ Unknown
4a. Have jurisdictional wetland or stream determinations by the
Comments: NBRRO 07-275 references the stream calls
Corps or State been requested or obtained for this property /
provided by the NCDWQ on 11-29-2007. Action ID
project (including all prior phases) in the past?
#SAW -2015-00986 corresponds to the previously issued
PJD and permits.
4b. If the Corps made the jurisdictional determination, what type
® Preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Sean Clark of SEPI
Name (if known): Julie Peele - AgriWaste Technology Inc.
Engineering & Construction redelineated in 2014.Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Buffer Letter from James Graham dated May 15, 2015 (NBRRO 15-206). Buffer Determination letter attached.
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No El Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
401 issued, DWQ Project # 15-0428, June 15, 2015 authorizing 130 LF of stream fill, 8,142 sq ft Zone 1 Impact, 2,571 sq.
ft. of Zone 2 impact. 404 verification approval of 130 LF of stream impact (Action ID #SAW -2015-00986).
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summaryla.
Which sections were completed below for your project check all that apply):-,
❑ Wetlands ® Streams - tributaries ❑ Buffers- -- _ ❑ Open Waters - ._ ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c. - .
2d. 2e. I . - '2f.'.-
Wetland impact
- -•
- - ,, Type of jurisdiction ,,, ,
number
Type of impact
Type of wetland-
; Forested"' Corps (404, 10) or - -- - Area of -impact
Permanent (P) or
(if known)
DWQ (401, other) (acres)
Temporary.
--- - - -
-- - ,
-- -- - -- - - -- -
Choose one
Choose One
=
Yes/No - - - - -- - - 0 - -
2g. Total wetland impacts '0
2h. Comments: No proposed impacts
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary -impacts) proposed on the site,.then complete this_
question for all stream sites impacted. . • 1, '_ , =;r �;, .. _ . - , - .:; "_ . , :.. _ , -1 ,
3a.
3b.
3c.
3d.
3e. , .
.3f. ,z- .• , ,. ,
-3g: `;
Stream impact • ,
-Type,of.impact
Stream name
Perennial
• Type of jurisdiction. -
Average stream ,
Impact
number
(PER) or
, , width,
length
Permanent (P) or
-
_ ;- -
intermitte -
- -
',
- _ „ (feet)
(linear
Temporary m
nt (IN -07
;." :+ ,
feet) .
1 T
"Stabilization
UT to Swift
., ,
.,PER.
:Corps .
. '. .
„ . r4,
---
:15*
Creek
2T
UT to Swift
Corps
4
- 15*
- - -
Stabilization
Creek
-PER
_ _ - - _
-
3T ; ;
Stabilization
UT to Swift
PER' -
Corps
6
8*
Creek
4 T
:",Stabilization
UT to Swift
PER,,,,,,,
Corps � �.
, �z � , 6 ' s-
�,,l 6*
Creek'
5 T
' Stabilization
UT to Swift
PER
Corps
6
35*--.
- -
Creek
-
_
- -
- - --
- ` 3h. Total stream and tributary impacts
89*
3i.- Comments: *Stream lengths recorded are fora single stream bank of the stream and not the entire width of the stream.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of'.. -
the U.S. then individually list all open water impacts below.
4a
4b. _" _
4c. - -
4d.- - - '-'
4e.•
Open water
Name of
impact number —
waterbody
Type of impact
Waterbody type, ,
Area of impact (acres)`
Permanent (P) or,
-,(if applicable)
, ,.'_ .
. �•, ,,, ....
Temporaryc..
_r„
,
01 Choose one
Choose One
Choose
M. Total open water impacts
4g. Comments: There are no open waters within the project boundaries.
Page 4 of 10
- " PCN Form - Version 1.4 January 2009
6. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below. l
5a.
Pond ID
number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
Choose One
P2
Choose One
6f. Total
0
0
0
0
0
0
0
5g. Comments: This project does not propose Pond or Lake construction
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
_
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts � •
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin?
® Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer impact
number —
Permanent (P) or
Temporary
6c.
Reason
for
impact
6d.
Stream name
6e.
Buffer mitigation required?
6f.
Zone 1 impact
(square feet)
6g.
Zone 2 impact
(square feet)
131 Choose one
Yes/No
6h. Total buffer impacts
0
0
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The overall project was designed to decrease impacts to streams, wetlands, and riparian buffers and only requested a
single road crossing. The requested bank stabilization is on previously eroded and incised portions of the stream in the
vicinity of the road crossing. The bank stabilization is intended to prevent any future bank failure on sharp bends within
the stream flow pattern. The bank hardening is being minimized as much as possible to 5 key locations in order to
decrease impacts but achieve the goal of bank stabilization.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
No existing vegetation will be removed in order to install the bank stabilization. Orange fabric fencing (or the like) will be
utilized to insure that jurisdictional areas are not impacted unless specifically authorized by the USACE and/or NC DWR
authorizations.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Quantity N/A
Type: Choose one
Quantity N/A
Type: Choose one
Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
0 linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 6 of 10
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
N/A
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes No
Comments: The diffuse flow plan was part of the Wake County Stormwater plan.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
11 %
2b. Does this project require a Stormwater Management Plan?
El
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed impervious surface area
for the site is less than that requiring a stormwater plan approval.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Wake County has previously approved the stormwater plan for the site.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Wake County
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Wake County
® Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HOW
4a. Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
® Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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 previously approved single-family residential subdivision will utilize individual septic systems, however the proposed
impacts described within this application will not generate wastewater.
Page 9 of 10
PCN Form — Version 1.3 December 10, 2008 Version
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
During the initial permitting the USFWS
was consulted by the USACE.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage Element Occurence shapefiles (2013) from NCCGIA that were queried, indicate an extant population of
dwarf wedgemussel is located in Swift Creek which borders the southwest portion of the tract. During the USF&WS and
USACE review and approval of the previous permit request this was not addressed as a concern.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project takes place in Wake County which is not near any coastal or tidal habitat that would support EFH
(i.e. salt marshes, oyster reefs, etc.).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://gis.ncdcr.gov/hpoweb/ *Records check at the State Historic Preservation Office or the Office of State Archeology
were not performed. No structures were noted during a field reconnaissance of the project location. Utilizing the
HPOWEB GIS mapping service, a 1 -mile radius search of the project center yielded one property, the Buffaloe House,
HPO Site ID: WA0338. The Buffaloe House is a classified by SHPO as a 'Surveyed Only' Structure.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? http:// loodmaps.nc.govtfmis/Map.aspx?FIPS=183
Sean Clark15
08/09/2016
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 10 of 10
AGENT AUTHORIZATION FORM
All Blanks to Be Filled in By the Current Landowner or Legal Representati�
Name: Buffaloe Preserve, LLC
Address:
901-F Paverstone Drive
Raleigh, NC 27615
Phone: 919-623-3404
Project Name/Description: Glen Creek Subdivision
Sage Project # 2016.14
Date: July 14, 2016
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Tasha Alexander
Field Office: Raleigh
Re: Wetlands and Streams Related Consulting and Permitting
1•
To Whom It May Concern:
I, the undersigned, a duly authorized owner of record of the property/pin
identified herein, do authorize representatives of the U.S. Army Corps of Er
(Corps) to enter upon the property herein described for the purpose of conduc
site investigations and issuing a determination associated with Waters of the U.S.
to Federal jurisdiction under Section 404 of the Clean Water Act andlor Section
Rivers and Harbors Act of 1899. 1 also hereby designate and authorize Sage Ec
Services to act on my behalf as my agent in the processing of permit applica
furnish upon request supplemental information in support of applications, etc. f
day forward.
This notification supersedes any previous correspondence concerning the agen
project
Notice: This authorization, for liability and professional courtesy reasons, is vi
for government officials to enter the property when accompanied by Sage sh
should call Sage to arrange a prior to visiting the site.
BY:BY: Richard Stockett
rint Name of Landowner or Signature of landowner or Legal
Legal Representative Representative
Pat McCrory
Governor
`i���
NCDENR
North Carolina Department of Environment and Natural Resources
May 15, 2015
Donald R. van der Vaart
Secretary
Buffaloe Preserve, LLC
Richard Stockett
901-F Paverstone Dr.
Raleigh, NC 27615
Subject: Buffer Determination
NBRRO415-206
Wake County
Determination Type
Buffer Call Isolated or EIP Call
® Neuse (15A NCAC 2B .0233)
❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeral/Intermittent/Perennial Determination I
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 2B 0267)
Project Name: Glenn Creek Project
Location/Directions: Property is located SW of Wrenn Rd. and Bethel Church Rd and immediately
north of Swift Creek in Wake County, NC
Subject Stream: Swift Creek
Determination Date: May 7, 2015 Staff: James Graham
Feature
Not
Subject
I E/1/P*
Start@
Stop@
Soil
USGS
/Flag
Subject
To
Survey
Topo
To
Buffers
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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 Sect" has been determined not to be a stream or is not present on the property. Features that are checked
NorthCarolina
,Naturally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200
Internet. www.ncwaterguality org Location. 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Glenn Creek Project
Wake County
May 15, 2015
Pae 2 of'
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR).
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 DWR or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing. Ifsending vin US Postal Service c/o Karen Higgins DI -VR — 401 &
Buffer Permitting Unit 1617 ellail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedE.e,
etc.) Karen Higgins DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 2760.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner/future owners should notify the Division of Water Resources (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 Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact James Grah�jn at (919) 7914256.
Respectfully,
Danny Smith, Supervisor
Water Quality Regional Operation Section
Raleigh Regional Office
cc: RRO/SWP File Copy
Sean Clark
SEPI
1025 Wade Ave.
Raleigh, NC 27605
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 15, 2015
Buffaloe Preserve, LLC
Attn: Richard Stockett
901-F Paverstone Dr.
Raleigh, NC 27615
Donald R. van der Vaart
Secretary
DWR # 15-0428
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Glen Creek Subdivision
Dear Mr. Stockett:
You have our approval for the impacts listed below for the purpose described in your
application dated April 29, 2015 and received by the Division of Water Resources (Division) on
May 4, 2015 with additional information received on June 9, 2015. These impacts are covered
by the attached Water Quality General Certification Number 3890 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 29 once it is
issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8))
Division of Water Resources. Raleigh Regional Office, 'Vater Quality Operations Section hnp:L,'portal ncdenr org,'web/%vgfans
1628 Mail Service Center. Raleigh. NC 27699-1628 Phone. (919) 791-4200
Location: 3800 Barrett Drive, Raleigh. NC 27609 Fax: (919) 788-7159
An Equal Opportunity 1 Affirmative Acton Employer — Made in part by recycled paper
Glen Creek Subdivision
DWR# 15-0428
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
i Permanent Temporary
Stream
130 (linear feet)
0
(linear feet)
Buffers —zone 1
8,142 (square feet)
0
(square feet)
Buffers —Zone 2 2,571 (square feet) 0 (square feet)
1. Diffuse Flow Plan: Submittal of a Local Government Approval Required
Because the stormwater management plan approved by Wake County is being used to meet
diffuse flow requirements on this project, you are required to submit one copy (hard copy
or digital) of the approved SMP, including plan details on full-sized plan sheets with proof of
Wake County's approval. The approved SMP shall be submitted to the DWR 401 & Buffer
Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts
authorized in this certification occur. The SMP may not be modified without prior written
authorization from Wake County. If the SMP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit
prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)]
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H.0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H.0507 (c)]
4. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the property is
Glen Creek Subdivision
DWRi# 15-0428
401 AND BUFFER APPROVAL
Page 3 of 4
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for
information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR — 401 & Buffer
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Glen Creek Subdivision
DWR# 15-0428
401 AND BUFFER APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri
Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns.
Si7ce
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Sean Clark; SEPI Engineering & Construction; 1025 Wade Ave.; Raleigh, NC 27606
DWR RRO 401/Buffer Authorization file
U.S. ARMY CORPS OF ENGINEERS COPYWILMINGTON DISTRICT
Action Id. SAW -2015-00986 County: Wake U.S.G.S. Quad: NC -GARNER
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Buffaloe Preserve, LLC
Richard Stockett
Address: 091-F Paverstone Drive
Raleigh, North Carolina, 27615
Telephone Number: 919-623-3404
Size (acres) 137.24 Nearest Town Raleigh
Nearest Waterway Swift Creek River Basin Upper Neuse
USGS HUC 03020201 Coordinates Latitude: 35.6413
Longitude: -78.5907
Location description: The project area is located on the south side of New Bethel Church Road, 0.33 miles east of the
intersection of Magnolia Lane and New Bethel Church Road. PIN: 162818582.
Description of projects area and activity: This verification authorizes the placement of fill material in 130 linear feet of stream
to facilitate the construction of a culvert and roadway associated with the construction of a single-family residential
development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 29 Residential Developments
SEE ATTACHED RCP or NWP GENERAL, REGIONAL AND SPECL4L CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated April 29, 2015, and the enclosed plans Sheets 1-10 date stamped April 29, 2015.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work
order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. if the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities
occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to
beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Shaeffer at 919-554-4884 X31 or David.L.Shaeffer(@usace.army.mil.
Corps Regulatory Official: C:)_Date: 7/22/2015
Expiration Date of Verification: 03/18/2017
Photo 1: View looking upstream at bank stabilization site # 1.
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