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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 W ATE9OG ti 0 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 �•�- 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 ? : j roll il_° ri. �. - w _ Ir !' - 6.1 :, 'f i. '•= /1{�� w ., !oi 4' r' !�`? ., t . - ,-•' C' �'� t :11 r . ifri i _ .,isz: � - � - ,ij,fl_ ;? FJ!•ii 1�.`:¢ _ /�. . •% ZA L Page 2 of 10 1 �j�,. �"iC �•�- ` '?9t�e ��;".. ,DL_ 1 iri��, �;--�f�_ fi'.'ScJ :.''_iii �'.. , LL - 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 Buffers A X P X X I Swift Creek C X P Feature C origin X flag D X P X X F X t Feature F origin X flay* -incur - tpnemeralnnten»tttenuverenntat 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. 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