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HomeMy WebLinkAbout20010944 Ver 3_401 Application_20080422Soil & Erivirorime~tal Consultants, PA ~1 - oa~~ Y3 Transmittal To: (Yl~, ~ ~x~ Jar Y~1 \11 ~1~ ~ 2^~ C.~c.~1-r~. IJd i St . 2~ o `. Project#: tof6~-~ 7\ Date: t-1/2Z/C~; Project Name: `~„\~~,~ ' ~ t~ ~, 1~p~~ -~--tv~ev~~~ File: We Transmit to you Herewith: ^ Drawings ^ Specifications ^ Brochures or photos ^ Correspondence ^ As per your request ^ For your information and files ® For comment or approval ^ Returned for correction, resubmit ^ Approved as noted Under Separate Cover: ^ By mail ^ By courier ^ By express No. Copies Document No. Date Description S ~-} 12-2- /ass N c...~~ c v~< <,., «~... ~~k.,m ~'r S 31v~ ~,- `~7'C~(i~"YV\~`-~C~{"-L't' I~.C1(lY~\CC~1 7CL.\~~<.~CA' ~ ~a~ `'~'Sr~'G~YV\ `, l~l?E'_~1 GLW"\d ~ ~2.C~C1~' ~\ C_.(.~~ ~7C'.C_`_> Remarks: ,~iso ~~cl~~t c<~-~.-; `*~- ~4~'~~c~wt ~ l~Jei-1~~~-l Ccx~S~yc`h~~~~~ ~~'ctiW ~ n nS ~ \\ x ~~-) _`, ~J~f -Wl W C~~C'v' ~ CV\S~ L C_, Z c~-l 1~c~ ~,U ~ ('1 ~~ `~ `~ ~ ~ ~` ~ ~~ ~i D`~Y`~~,lJ'~.f c.~~~ar ~~'U1S ~_ . ~ C.~~-V~ I ~`c'Ctl/J~ (~ `~ ~ ~ZZ K ~ c~ If enclosures are not as listed as above, kindly notify us at once By: ~~ c.o'\~ t~1oc~,l~sa C. 4{ ,a P ~~ ~ s~ ~ ~,.i Vt° ~l.A.!VGshP~G:5ifis~~'4!~as~r,~~F;tt:";k' of o q~~ v3 Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com Apri122, 2008 S&EC Project No. 6820 1 1 1 To: U.S. Army Corps of Engineers Attn: Ms. Jennifer Frye P.O. Box 1890 Wilmington, NC 28402-1890 From: Patrick K. Smith, P.E. Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 N.C. Division of Water Quality Mr. Ian McMillan 401/Wetlands Unit 2321 Crabtree Blvd, Suite 250 Raleigh, NC 27604 Re: Nationwide Permit 14, River's Edge Apartments Spring Lake, Cumberland County, North Carolina Dear Ms. Frye and Mr. McMillan: °~ ~~` j ,.r 14~i N"E1LAN4.. ~qN% S . On behalf of the owner, Mr. Jack Carlisle of Spring Lake Properties Company, Inc., please fmd attached a complete application and supplemental information requesting a Nationwide Permit from the U.S. Army Corps of Engineers (USAGE) to use Nationwide Permit 14 for permanent impacts to jurisdictional wetlands. On December 9, 1998, Mr. Allen Davis from the U.S. Army Corps of Engineers (USAGE), Wilmington office, conducted a site visit and issued a Notice of Unauthorized Activity for the discharge of fill material into 0.76 acres of jurisdictional wetlands plus the discharge of material into 0.04 acres (which included 1,085 linear feet (LF) of jurisdictional stream channel). The action identification number for this notice is AID#199900574. An unnamed tributary to the Little River (and adjacent wetlands) will be restored onsite as resolution for a Notice of Violation (NOV) issued by NC-DWQ on February 9, 2001 for wetland and stream channel impacts. Construction Drawings and Technical Specifications for the proposed restoration are attached. PROJECT SUMMARY Project Name River's Edge Apartments Project Type Nationwide Permit 14 Owner /Applicant Mr. Jack Carlisle of Spring Lake Properties Co. Inc. County Cumberland Nearest Town Spring Lake, NC Waterbody Name Little River DWQ Basin /Sub-basin Cape Fear/03-06-14 DWQ Stream Index Number 18-23-(15.5) (Little River) Class WS-III (Little River) USGS Cataloging Unit 03030004 Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 ~;: , .j ,'a tis e . . TMPA(;T ~TTMMARY Stream Impact (acres): 0 Wetland Impact (acres): 0.092 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.092 Total Stream Impact (linear feet): 0 APre-Construction Notification Application (PCN), which includes an Agent Authorization Form is attached. As requested by NCDENR-DWQ in their letter of July 23, 2007, a Stormwater Management Plan prepared by S&EC, with the necessary supporting documentation, for the proposed development is also attached. We appreciate your assistance to date on this project and look forward to its successful completion. Please contact me at (919) 846-5900 if you have any questions or require additional information. Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Patrick K. Smith, P.E. Soil & Water Resource Division Manager Attachments: 1. Pre-Construction Notification (PCN) form 2. Figure 1 - USGS Map 3. Figure 2 -Soils Map 4. Agent Authorization Form 5. Site & Impact Maps 6. $475 Application Fee -DWQ 7. Stream & Wetland Restoration Plan (construction drawings and technical specifications) 8. Stormwater Management Plan (narrative, calculations, figures, construction drawings, and technical specifications) Office Use Only: Form Version March OS USACE Action ID No. DWQ No. O ~ - D q ~ ~ y 3 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 1 1 1 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check hppe~~-r~-~~e: ^ 'ryp II. Applicant Information ~ .~' ~ ~~ ~ ~ 1. Owner/Applicant Information APR 2 `? ~ i1 CI Name: Mr. Jack Carlisle Mailing Address: SprincJ Lake Properties Company Inc. ~-r.~Nr~sar;asTO~rav''~~?~~a~~~~~~~-'""'~~ 1166 Pine Knoll Drive Spring Lake NC 28390 _ Telephone Number: (9 19) 677-0949 Fax Number: (9 19) 678-0424 E-mail Address: 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: Patrick Smith P.E. Company Affiliation: Soil ~ Environmental Consultants, PA Mailing Address: I 1 01 0 Raven Ridge Road Raleigh NC 276 14 Telephone Number: (9 19) 846-5900 Fax Number: (9 19) 846-9467 E-mail Address: psm~th(a~sandec.com Page 1 of 10 III. Project Information . f i~ttach : ~ ~~in~y"'mag' 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 maybe 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: River's Edge Apartments 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 05 12(0 I)-27-2294 ~ 05 12(0 I)-26-26 17 4. Location County: Cumberland Nearest Town: Springy Lake Subdivision name (include phase/lot number): River's Edge ~artments Directions to site (include road numbers/names, landmarks, etc.): The site is located ~mmed~ately west of Flicthway 2 10, aL?proximately 2,000 ft. south of the 210 bridge across the Little River, north of the Town of Spring Lake, in Cumberland County NC. See Figure i for the site location. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35. 197 I °N 78.9595 °W 6. Property size (acres): 40. 13 7. Name of nearest receiving body of water: Little River 8. River Basin: Caae Fear (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 a residential development. General land use m the vicinity of the protect ~s mixed lictht industrial, commercial, and residential. The Page 2 of 10 stream that runs through the property was previously relocated and eventually restored (by others using ina~?propriate restoration methods) as a result of previous development activities onsite• however the restoration efforts were not acceptable to USACE or NC-DWQ The stream is currently in a channelized and degraded state, with limited floodplain functionality due to channel incision. Existing and future ' sedimentation and erosion potential and limited native vegetation along the bank and riparian buffer zone clearly reflect the need for restoration. Both agencies requested that the stream be designed and restored to a more appropriate ' dimension pattern and profile using accepted natural channel design methods. ' 10. Describe the overall project in detail, including the type of equipment to be used: NWP 14 -The protect consists of the installation of three (3) road crossing including two (2) bridges which with their associated abutments will create impacts ' to 0.092 acres of wetlands. 11. Explain the purpose of the proposed work: ' NWP 14 -The purpose of the crossings are to allow vehicle access to the southwest portion of the property which is separated by an existing stream and wetland stem. ' IV. Prior Project Histor J Y ' If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and ' certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and ' buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. ' On December 9, 1998 Mr. Allen Davis from the U.S. Army Corps of Engineers (USACE), Wilmington office conducted a site visit and issued a Notice of Unauthorized Activity for the discharge of fill material into 0.76 acres of turisdictional wetlands plus ' the discharge of material into 0.04 acres (which included 1085 I~near feet (LF) of ,turisdictional stream channel). The action identification number for this notice is AID# 199900574. ' The North Carolina Dw~s~on of Water Quality (NC-DWQ) issued a Nonce of Violation (N.O.V) for the site on Februar~9, 200 I ,for similar impact thresholds as cited m the ' Corp's nonce; however, NC-DWQ noted that channel impacts appeared to be at I , 100 I~near feet and that additional wetland impacts had likel occurred onsite since the USACE nonce. After the above notices were issued Robert Bennett P.E. from Bennett Engineering ' supervised the start of the removal of full material place in wetlands/waters of the U.S. Page 3 of 10 onsite. In doing so, an attempt at restoring the Jurisdictional stream channel was made, and the constructed channel was fitted to the channel's approximate pre-disturbance alignment from the site's wetland delineation (no record of this delineation, or its approval, has been found at the USACE office). V. VI. Natural channel design pr~naples were not utilized to design the restored stream (dimension, pattern, and profile), and a trapezoidal channel was constructed that did not take into account the requirements of channel stability and biological integrity. The attempted restoration was deemed unacceptable by NC-DWQ and USACE. In March of 2002, Soil ~ Environmental Consultants, PA, submitted a Concept Plan for the Stream and Wetland Restoration for the protect site outlinincJ_ our recommendations for the site based on our discussions with NC-DWQ and USACE. Since receiving general concurrence with our proposed restoration approach, Soil ~ Environmental Consultants, PA, has completed a final plan for the proposed stream restoration and wetland restoration. This plan was subsequently approved (with minor revisions) in April of 2005. In June of 2005 an onsite meeting was held with both Agencies. From that meeting it was decided that no NW27 permit would be needed for the proposed restoration. However, a NW 14 permit (this application) would be necessary to permit all permanent impacts associated with the three previously described crossings. Additionally ~t was decided that final restoration construction documents attached would be submitted (for record) to both Agencies prior to the commencement of restoration construction activities. A similar PCN application was previously submitted to both USACE and DWQ in January 2007. This application was returned by DWQ in July of 2007 as a written Stormwater Management Plan was necessary for DWQ to permit the protect. 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 antiapated. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Page 4 of 10 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. Provide a written description of the proposed impacts: Proposed impacts include 0.092 acres of wetland associated with the installation of a single permanent road crossing (already installed) and two bridge crossings (not xet installed). All future crossings will ' be "no impact" crossings. _ 1. Individually list wetland impacts. Types of impacts include, but are not limited to ' mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) I Fill Herbaceous No 50' 0.019 2 ~ 3 Fill/Abutments Herbaceous No Adjacent 0.022 4 ~ 5 FiIVAbutments Herbaceous No Adjacent 0.05 I Total Wetland Impact (acres) 0.092 2. List the total acreage (estimated) of all existing wetlands on the property: I .58 acres 3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary ' impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib ' walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) Page 5 of 10 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): N/A Wetland Impact (acres): 0.092 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.092 Total Stream Impact (linear feet): N/A 6. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 7. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe 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. Page6of10 Wetland crossing impacts have been designed pe~endicular to the existing linear wetland. Additionally small bridges are proposed on two of three crossings to reduce overall footprint of wetland impacts. All future stream and wetland crossings will be designed as "no impact" crossings. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm~ide.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. In disturbed portions of the wetland area, ground surface will be restored to the appropriate pre-disturbance grade. Every effort will be given to restore a similar footprint and size of the original wetlands. Areas of concern will be planted with bare root seedlings of tree and shrub species indigenous to the area. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For Page 7 of 10 additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ 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 OZB .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Page 8 of 10 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration / Riparian Buffer Restoration Fund). Please attach all within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. As the final site development plan is still under revision, there are sediment and erosion control measures (designed by Bennett Engineering) already in place. It is our opinion that the existing controls will suffioentl~protect against offsite sedimentation during the proposed restoration activ~t~es when augmented with those measures described in our restoration plan. NCDENR-DWQ has informed us that they require a written Stormwater Management Plan be approved by NCDENR-DWQ prior to the commencement of construction activities (including the stream restoration) on the southwestern portion of the site. A Stormwater Management Plan has been prepared by SPEC and is enclosed in this notification (narrative, calculations, Construction Drawings, and Technical Specifications.) 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. Treatment will occur within the existing municipal waste water treatment system. 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 ^ NOTE: Only one of the three proposed permanent impacts (Area 1) has occurred as of the date of this application. A single existing temporary piped crossing exists in the vicinity of Area 2. A temporary pipe crossing originally installed in the vicinity of Area 2 has been removed. type of mitigation is proposed (i.e., Enhancement, or Payment into the appropriate information as identified Page 9 of 10 XIV. Cumulative Impacts (required by DWQ) ' Will this project (based on past and reasonably anticipated future impacts) result in additional ' development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at ' http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A oz/~s/o Applicant/Agent's~Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Patrick K. Smith, P.E. Soil & Environmental Consultants, PA Soil & Water Resources Division Manager (919) 846-5900, Ext. #341 Page 10 of 10 01110/2007 04:14 9196770949 JACK CARLISLE PAGE 02 EnvYronmental Consultants, ~1.G~NT AUTHORT7.ATION pOR]VI l~l..l 131aztks To Se Fi1.Icd In_>,y The Current Lancl,own~er Name: ~ k AIL CG./ ~ i S~ t ~/1~ ~ Address: ~~h ~IL! '~/ro 1~tJ~i CS Covrti('~iN~ , -~v~ t . . ~l[,~ ~~.iz lL~d ll 17Yi~t 1 ~Prrh 1.~.~~ ~ n1 C Z'~3tiD Pho»e: ag~~ 1'xojECC Name/Descri.ption: ~~ ~J~YS L l~ ~ dt I~ ~~d Date: .. O l ~ L bl' 0''I ,,,__ ' The Department of the Army U S. Army Cvrps of Engineexs, Wtlmin.gton DiStri.et n.o. Fox 1s9o Wilmingta.n, NC 28402 Attn: N1r. Thomas Farrell Field Office: Wilmington -, Re: Wetlands Related Consulting and Pprmit•iing 'I'o WlZOm It May Concern: ~~s T, the current ro er owner, hereby designate and aut]ZC~,ri;~c Soil & Environmental, Consultants, PA ro actin my behalf as my agent in the pxoccssing of permit appHcati.ons, 'to furnish upon rec~y.est su.pplcxn.elital infu,.m.ation i„ support of applicati.on,.s, etc. from. this day forvaer.d. The ~_~f'~! day of ~Gtv~y~ NJh _ 2no'1 This notifi.c~tion supersedes any previous ct,rr~s}~nndanrP rnnra~~ning t'hr._ aget,.t.far thiq prr~ject- NOTICE: This authorization, for Iiabil.ify and pzofessional courtesy xeasor~s, is valid only for gpveTxtlCZtent officials to enter the pxopcrty when accompanied by St~lrC staFf. You s ld ca.ll. o mange a. site ~xieeti~xg ~rivr to visiting the site. ~ I'rint,T,'ropc'rty Owz,cr's Narne o erty , wncr's Signafure ec: Ken ,tiveritke NCDENR - DWQ 225 Greet Street, Suite 714 Fayetteville, NC 25301 Cha~•l~tte fFic~c 236 LePhillip Ct. Suitc C Concord, NC 28025 Phone: (?04) 720-9405 tax: (~a~172o-9406 cr. Mr. Patrick Smith Soil & Environmental. Cc~n.saltan.ts, PA GrcGnsboro .ifftcc 3817-E La-ti•~idalc i)rive Greensl~or~:r, NC; 274ji Phone: (3. `~) 540-8234 Fax: {{?6) 540-8235 r ~;~ b~ S)te ~( ~"'~ ~ ~~ Y '3Q i 7 ~.~ Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com i~ 1 N ''~ ~ ~ ~ f- Legend TaB ~~ ~ Property Boundary ~~ Soils WmB ~~ WmB ~ _ y~ 4 F4 ~~ _~4 d ~ ,. -~ ~~ r r ~. V E ~ t r''` ~ f DgA 9 +~ .~~ Ch + * ~ Site ~,;~' r' , •, ~ TaB ~'• ~KaA ~. ~~ ~ ~ ,~ ~ ~,~ ~` ~h. AaA f * ~ BaD ` ` Wo l• ~ LaB Co .,~ W . ~~~ ~ Bab TeB ~ ~ ~ ~•,' • ~.' ~~ _~~ ~ . r ~ . ~~ ~ Cab • ~ ~ ~a ~ , GdB 1 + _ VgE ~ ~ + ''~~ "'~ + BaD ~ ~ ~ .* '~ DhA LaB ~ ` ' CaB ~ ti ~ ~~r+ Ra ~.+ Project Number: Map Title: 6820. D2 Flgure 2 - USGS ~ Project Manager: SODS Map RSP ~ Soil & Environmental Consultants, PA Scale: River's Edge Apartments 11010 Raven Ridge Rd.• Raleigh, NC 27614 ~ ~~ = S ~~~ Cumberland County, NC (Web Page90wwwSandEC e m7 Date: Source: 2/ 12/08 Manchester Quadrangle ~~~~~~ Rivers Edge Apts. ~ _... 7'tuo ~cc~ss Cross t 1~9s .o)c , PROPERTY BOUNDARY "~ g __, .._....... ~' r. ~ ~ ~' . ~ U +cno awouns va rna+r~nnt r° RE7 11 w+ w +d ey~ ~ '~ F~Yrfirrl4r NC '~ 4~ II I< ' ~ ~w'' < ' I f nucoee ~cooeccc- eewor \ yc ~ ~ f ~ o i J ~ ; i A r ~- I ~ _ '~ ~ _ _ ' x d ~ r Nb,~ J 6j ~M t~ioS ~-~P PRE-EXISTING= ~ ~~ ;' ~® ~~ uM+~Utlq ~..r ~-1--~; ~i~.~K~ ~~I ~~„ °"'.,e, ~ S 3 ~ 1 ~ ~1 ~Y` /Vp / /L °„~a~:;`~, ., ~s ~.l`\~ ~\ WETLAND4 I ~ "~~1 ~ AREAS ~~~ 'iil..Q' ~ ~ ~ •~-.~ ,.~ 1~_~ ~ ~ ''.sro~.r~'+,'• ~ ~ s a,~. 7 d ~~~ ' F --- ~-- ~+- E ~° BOUNDARY u ® ( =_,~ ~ ~1-~ ' ~ ~ ® ~ - ~ I~'= i I ~ j ~, SHOWN APPROX. ~ ~ ~ ~~ ti s Lam-- t ,{ ~ , j~ .. ~ ~ 0 .:: ~!~•,,,- , ` I ~ ~.~' i ~a;~ ` ,{ U..~ ,fi 11 ~ 'v W ~` .. . ~.• i CROSSING DETAIL PROVIDED BY l ~l ~` I ~ ~,~~, , ~ .. ~ • ~, , ~ ~"`~'~° BENNETT ENGINEERING ~, ~/' -__ ~f: ~ • '•~•.:..•.. WETLAND AREA = . OF FAYETTEVILE, NC (910) 484-5523 ~ , ~~-~ ... :• :::::............... ... ••• 0.48 :..: •• ~ ~ ACRES ~" , °~: . ~' ~ ` w s+ mr • ~ n:~ '.:~~ n APARTMENT COMPLEX ~""n V ~ Area 1 +• ~ CENTERLINE EXISTING •• ~ 5 ~ ADMIN. BUILDING r~ t r°~~'~„~' 1 .. , r ` IMPAIRED STREAM ' :.:~.`:'• WETLAND AREA = 1 29 acres 0 '~•~ EXISTING IMPACT, TO BE PERMITTED .:~ ~ . '~. AFTER-THE-FACT. EXACT IMPACT TO ~„~ EXISTING WETLAND AREA, ~ #~ ; BE DETERMINED. LOCATION APPROX. ~ ~ _ BOUNDARY SHOWN APPROX. '`, Area 2 . •' rea 5 Are a 4 PROPOSED PRE-FABRICATED EXISTING TRAILER, APPROX LOCATION •• REA „~„~,,~„~,,,~~ CONCRETE BRIDGE, "~°°`"ssw'~ . = Area 3 WETLAND A SEE DETAIL vw ! m+tro9-+s-+ee° 0.81 ACRES PROPERTY BOUNDARY a PROPOSED PRE-FABRICATED EXISTING SEDIMENT BASIN, ~ '~• CONCRETE BRIDGE, SEE DETAIL o~~as "" ~°~°''-~•"" APPROX. LOCATION ~ M m~~ n~ ~'~~ GRAPHIC SCALE NOTE: VARIOUS OTHER SITE DATA FOR ~~ 1 = 200 EXISTING AND PROPOSED SITE FEATURES NOT SHOWN. ALL LOCATIONS , ARE APPROXIMATE AND BASED ON SITE ti 200 0 200 400 DATA PROVIDED BY BENNETT ~ A ENGINEERING. WETLAND BOUNDARY ~ PROPOSED WETLAND IMPACTS SHOWN IS APPROXIMATE. CLIENT NAME: DATE: PROJECT NAME: THE DESIGN GROUP AT; ~ MR. JACK CARLISLE JAN. 19, 2007 ' S EDGE APARTMENTS RIVER ~ Soil & Environmental Consultants PA COMIPANYAKNCPROPERTI ES SCA200' 1:1 NORTH CAROLINA TY CO ! wN BY: R , UN CUMBERLAND North Carolina 27614 ~ Phone: {919) 846.5900 ~ Fay (919) 846-9467 11010 Raven Rid e Road ~ Ralei t TITLE: o G g g y ET H dEC s OVERALL SITE FILE NAME: JOB ~ S E ~ an .com ~. PLAN DESIGNED BY; \\Set2\J0854-6K\6820.02\DRAWINCS 2007\impocls.dwg sa2o.D2 1 OF 4 PJ & JC ® IMPACT WETLAND AREA EXISTING WETLAND PARKING PROPERTY ~ ~ ~ ~ ~ ~ y ~ ~ y ~ y ~ ~ y ~ ~ ~ ~ IMPACT WETLAND ~ ~ y AREA #1 ~, .y (0.019 ACRES) ~ y y ~ ~ ~ ~ ~ y y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Impact Area # I = 0.0 19 acres ~ ~ ~ y ~ ~ ~ ~ ~ y ~ y ~ ~ ~ ~ ~ EXISTING ROAD ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ y ~ ~ ~ ~ ~ ~ y ~ ~ ~ ~ y y ~ ~ y y ~ J ~ THE DESIGN GROUP AT; CLIENT NAME: MR. JACK CARLISLE DATE: JAN. 19, 2007 PROJECT NAME: ~ PROPERTIES AK ~ RIVER S EDGE AP ART ME N TS PA Soi1 & Environmental Consultants NC COMPANY NO SCALE , DRAWN BY: CUMBERLAND COUNTY NO RTH CAR O L I N A llolu ~~>u~e izoaa • Raleigh, North Carolina 27614 • Phone: (919)846-5900 • Fax: (919) 846-9467 TITLE: AJG , $andEC COIn 7VR'W FILE NAME: JOB ~ SHEET ~ . . AREA 1 IMPACTS DESIGNED BY: D2\ORAwINGS 2007 ts E 4 6x 6620 i 6a2~ 62 2 0 F 4 PJ & JC wg - \ . \ mpac . \\Sec2\J085 . ® IMPACT WETLAND v' ~' ~ ~ ~' ~' ~' ~' ~' AREA a EXISTING WETLAND ~' `1' ~' ~' ~' ~' ~' ~' ~' ~ ~ ~ ~ ~ ~ ~ y ~ ~ ~ ~ ~ ~ ~ EXISTING ROAD ~ y ~ ~ ~ y ~ ~ ~ ~ ~ y ~ ~ ~ ~ ~ ~ ~ ~ ~ y ~ ~ ~ ~ ~ ~ ~ ~ EXISTING WETLAND ~ ~ ~ ~ BOUNDARY Impact Area #2 = 0.0 I I acres ,~ ,~ ~, ,~ Impact Area #3 = 0 0 I I acres . ,~ ~, ,~ Total Impact = 0.022 acres ~, ~, ~, ~, ~ ~ ~ PROPOSED PRE-FABRICATED ~ CONCRETE BRIDGE IMPACT WETLAND AREA #2 ~ (0.011 ACRES) ~ ~ ~ ~ ~ IMPACT WETLAND AREA #3 .1, ~ y (0.011 ACRES) ~ ~ ~ ~ ~ ~, ~y y ~ ~, ~ ~ ~ ~ s, ~ ~ ~ ~ ~ ~ THE DESIGN GROUP AT; ~ CLIENT NAME: MR. JACK CA RLISLE DATE: JAN, 19, 2007 PROJECT NAME: ~ Soil & Environmental Consultants PA COMIPANYAKNCPR OPERTIES NO SCALE RIVER'S EDGE APARTMENTS , DRAWN BY: CUMBERLAND C 0 U N TY N 0 RT H CAR 0 L I N A Nola Raven >zage Road ~ Raleigh, North Carotins 27614 ~ Phone; (919) 846-5900 ~ Fax: (919) 846-9467 TITLE: AJG , www SandEC com FILE NAME: ~Og ~ SHEET ~ . . AREA 2 & 3 IMP ACT DESIGNED BY: ss2o D2 3 0 F 4 PJ & JC . y y y y y y y y y y y y y y y IMPACT WETLAND y y y y y y AREA y y y y y y y y y y y y y y y y ~~, ~ , EXISTING WETLAND y y y y y y y y y y y ,,{ \ y y y y y ~~ ^ ( y y W y y \ `\ `,,J, 111 ~~~ y y y y y O ~~~ y y y y y y y y y y y y W ~ 1/ \ \\ y y y y y y y ~ p~ ~\,1~ 11LLL111 `V ~~,"`~~~ y y y y y y y y `, ~ 1 y y y y y y y y y y y y y y y i y y y y y y y y y y y ~ ~ a / // Impact Area #4 = 0 026 acres y y y y 'y y y• ~.// . ~ y y Impact Area #5 = 0.025 acres y y y y - Total Impact = 0.05 I acres ' y y y y y y IMPACT WETLAND y y AREA #5 y y y y y y (0.025 ACRES) y y y y y y y y y IMPACT WETLAND y y AREA #4 OSED PRE-FABRICATED (0.026 ACRES} CONCRETE BRIDGE ~ ~. ~. 'J THE DESIGN GROUP AT: CLIENT NAME: DATE: PROJECT NAME: ~ MR. JACK CARLISLE JAN. 19, 2007 ~ Soil & Environmental Consultants, PA SPRING LAKE PR COMPANY, INC. DPERTIES SCALE: NO SCALE RIVER'S EDGE APARTMENTS 1lOlU Raven Ri~ge Road • Raleigh, North Carolina 27614 • Phone: (919) 646-5900 • Fax: (919) 846.9467 TITLE: DRAWN BY: CUMBERLAND C 0 U N TY, N 0 R T H CAR 0 L I N A ww s dEC w. an .com FILE NAME AREA 4 & 5 IMPACT DESIGNED BY; : JOB / sNEET ~ PJ & JC \\Sec2\JOBS4-6K\a920.D2\DRAWINCS 2007\impocts.d~g 682().()2 4 OF 4 I O~O~ W A ~fiAQG r I ~_ '-I © `C I Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Depamnent of Enviromnent and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 5, 2007 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Jack Carlisle Spring Lake Properties, Inc. 1166 Pine Knoll Drive Spring Lake, NC 28390 Subject Property: River's Edge Apartments Little River [030614, 18-23-(15.5), C] REQUEST FOR MORE INFORMATION 1 1 1 Dear Mr. Carlisle: DWQ Project # 01-0944, Ver. 2 Cumberland County On January 31, 2007, the Division of Water Quality (DWQ) received your After-The-Fact application dated January 23, 2007 to impact 0.092 acres of 404/wetland to construct the proposed road 3 crossings and bridge to provide access to the southwest portion of the subject property. The DWQ has detemuned that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require five copies of the additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: Per Condition No. 6 of General Certification 3404 (Nationwide 14), "Additional site-specific stormwater management requirements maybe added to this Certification at DWQ's discretion on a case-by-case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NCDENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. Alternative designs maybe requested by the applicant and will be reviewed on a case-by-case basis by the Division of Water Quality. Approval of stormwater management plans by the 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: htto:--'h2o em•.state.nc.us••-ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper N~rthCarolina ~attrra!!y ~pnng Lake rroperties company, ]nc. Page 2 of 2 March 5, 2007 Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality." Therefore, since your project contains over 30 percent impervious surface, you will need to will need to provide the DWQ, at a minimum, a conceptual stormwater BMP plan which is designed to treat and remove SS percent TSS from the entire site. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing and Ken Averitte of the DWQ Fayetteville Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKlijm cc: Ken Averitte, DWQ Fayetteville Regional Office USACE Wilmington Regulatory Field Office File Copy Central Files Patrick Smith, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 010944 Ver2RiversEdgeApartments(Cu mberland)On_Hold ~pF W ATF9Q ~O ~ r ~ ~ ' O ^C Michael F. Easley, Governor William G: Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 23, 2007 ' CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Jack Carlisle ' Spring Lake Properties, Inc. 1166 Pine Knoll Drive Spring Lake, NC 28390 ' Subject Property: River's Edge Apartments Little River (030614, 18-23-(15.5), C] RETURN OF APPLICATION Si rely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit ' 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: h~://h2o.enr.state.nc.us/ncwetlands Dear Mr. Carlisle: DWQ Project # 01-0944, Ver. 2 Cumberland County ~,,. ~,~,~ `1. On January 31, 2007, the Division of Water Quality (DWQ) received your After-The-Fact application dated January 23, 2007 to impact 0.092 acres of 404/wetland to construct the proposed road 3 crossings and bridge to provide access to the southwest portion of the subject property.. On March 5, 2007, the DWQ sent correspondence requesting additional information from you. On May 21, 2007, the DWQ received correspondence via email from your agent, S&EC, P.A., indicating that a revised submittal and proposed stormwater plan would be submitted to the DWQ by July 20, 2007. On July 13, 2007, the DWQ received correspondence via email from your agent indicating that the revised submittal and proposed stormwater plan would be submitted to the DWQ "near the end ofAugust to the middle of September timeframe ". For these reasons your permit application is hereby considered returned. Once you have redesigned your project to address the problems and inadequacies with your application as it was submitted, you will need to reapply for DWQ approval. This includes submitting a complete application package with the appropriate fee. In the interim, the DWQ strongly encourages you to contact the DWQ to schedule a meeting to discuss your project. Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions or concerns. Nom` Carolina ~tura!!r~ ' An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Spring Lake Properties, Inc. ' Page 2 of 2 July 23, 2007 cc: Ken Averitte, DWQ .Raleigh Regional Office ' USACE Raleigh Regulatory Field Office File Copy ' Central Files Patrick Smith, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 010944Ver2RiversEdgeApartmeuts(Cumberlaud)Returued_Applicatiou ! N 1 r KD W 0 t ru N c7 a Ln J Ce �3 tt� rr u P, r`Ln I5 " CD HID ['*Jrn 0 y Ln i O 7 :.. Q ti S 5-. J w € -4 55) n J