20040331 Ver 1_More Info Received_20040310

Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SandEC.com
WFTLANDS 1401 GROUP
MAR 1 0 2004
March 5, 2004
V'V'AJER QUAD `' EC T iJA S&EC Project #: 5584
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Mr. Todd Tugwell
2321 Crabtree Blvd 6508 Falls ofNeuse Rd., Ste. 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 18, 39, 401 Certification, Isolated Wetlands Permit
Ravenstone Subdivision
Durham, Durham County, North Carolina
(Latitude/Longitude:) 35° 58' 17.81" N, 78° 47'32.03" W
Dear Mr. Dorney and Mr. Tugwell:
On behalf of Sherron Road Ventures LLC, we hereby request authorization from the US Army
Corps of Engineers (USACE) to use Nationwide Permits 18 and 39, and from the NC-Division of
Water Quality (DWQ) request Isolated Permits, 401 Certification, and Buffer Compliance for the
subject project to cover permanent impacts to jurisdictional stream channels (unnamed tributaries
of Lick Creek), wetlands, and isolated channels. A Pre-construction Notification Application
(PCN) is attached, as well as an agent authorization form.
The applicant requested that S&EC delineate the wetlands, stream channels, and buffers on the
entire property prior to designing the subdivision in order to minimize impacts. A copy of the
applicable USGS Quadrangle and Soil Survey are attached showing the property. Buffer
confirmation from the NC-DWQ was issued on January 29, 2003. A site meeting with the
USACE was performed on January 10, 2003. We have enclosed the jurisdictional determination
from this meeting.
The proposed project consists of the construction of a residential subdivision to serve the
surrounding community. Impacts include 230 linear feet of jurisdictional channel as part of
improvements to the existing roadways (i.e. installing curb and gutter and culvert extension),
8,254 ft2. of wetland impacts due to road crossings and 22,324 ft2 of zone 1 buffer impacts, 9,603
ft2 of zone 2 buffer impacts due to road crossings. In addition, the construction of an extended
detention wetland will impact 10,222 ft2 of Zone 2 of the riparian buffer. Isolated channel
impacts include 65 linear feet of channel. The proposed impacts are elaborated upon in the
attached PCN form and impact maps. A meeting was held with Mr. John Dorney of the NC-
DWQ on February 12'', 2004 at which time he verbally approved the use of the proposed
extended stormwater wetlands. A separate meeting was held with Mr. Todd Tugwell of the
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
March 5, 2004
S&EC Project #: 5584.W1
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USACE on the same day at which time he also verbally approved the extended stormwater
wetlands.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and may require further compensatory
mitigation to offset unavoidable losses of waters of the US when permanent impacts exceed the
requirements for notification (0.1 acre). The applicant requested a detailed delineation of
wetlands present on the property prior to construction in order to minimize wetland impacts. In
order to minimize stream impacts, all road crossings for the proposed subdivision are located
where existing crossings are in place. The proposed crossings are designed to utilize the existing
crossings and extend them as needed reducing the impact. Because the applicant will minimize
impacts to wetlands and stream channels by utilizing perpendicular crossings, S&EC does not
believe compensatory mitigation should be required by the USACE for this project.
Sincerely,
//ww
Todd Preuninger
Biologist
Attachments:
Pre-construction (PCN) notification form
Site Location Map - USGS Quad(Figure 1)
Site Location Map - Soil Survey (Figure 2)
Overall Map
Impact Maps
Agent Authorization Form
Buffer Confirmation Letters
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18. 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Sherron Road Ventures Attn: Mr. Jerry Radmon
Mailing Address: 201 Shannon Oaks Cr.
Suite 201
Raleigh, N.C.
Telephone Number: [phone] Fax Number:
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: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants. PA
Mailing Address:_ 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Ravenstone Development
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): This project site consists of
approximately 130 acres and is located adjacent to the NC 98 / Sherron Road (SR 1811)
intersection, south of NC 98. The project is located in southeast Durham, North Carolina, and
is within the Neuse River Basin (USGS Hydrologic Unit Code 03020201).
5. Site coordinates, if available (UTM or Lat/Long): 35° 58' 17.81"N 78° 47' 32.03"W.
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 130.15 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Lick Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maDs/.)
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 currently wooded, but the infrastructure (i.e.
Roads and culverts) were installed in the 1980's (see USGS). Land use in the vicinity of the
project is mixed and consists of subdivisions and farmland.
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10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the construction of a residential subdivision. Proposed impacts will result
from the installation of roads and other utilities required for a normal residential subdivision.
Typical heave equipment will be used for grading and road improvements.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
additional housing; to meet the demand in this area.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Previous history includes the permit for the sanitary sewer outfall force main for the Ravenstone
Development (DWQ Project # 03-0769). In September 2002 a detailed wetland delineation was
conducted by S&EC at the request of the client in order to minimize impacts to streams and
wetlands to the maximum extent practicable. Buffer confirmation from NC-DWQ was issued on
January 29, 2003. A site meeting with the USACE was performed on January 10, 2003. We
have enclosed the jurisdictional determination from this meeting. A meeting was held with Mr.
John Dorney of the NC-DWQ on February 12t", 2004 at which time he verbally approved the use
of the proposed extended stormwater wetlands. A separate meeting; was held with Mr. Todd
Tugwell of the USACE on the same day at which time he also verbally approved the extended
stormwater wetlands.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future impacts are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
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mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts include 230 linear feet of
impacts and 9,603 ft2 of zone 2 buffer impacts due to road crossings. In addition, the
construction of an extended detention wetland will impact 10,222 ft2 of Zone 2 of the riparian
buffer. Isolated channel impacts include 65 linear feet of channel.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (es/no) (linear feet)
2 Crossing 0.19 no adjacent headwater
* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hitp://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: +/- 1 acre
Total area of wetland impact proposed: .189 acres (8,254 ft2)
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
la Stormwater structure 37 UT of Lick Creek 2'-3' Perennial
2 Culvert extension 57 UT of Lick Creek 2'-3' Intermittent
3 Culvert 65 UT of Lick Creek 2'-3' ISOLATED CH
4 Culvert extension 71 UT of Lick Creek 2'-3' Intermittent
5 Culvert extension 65 UT of Lick Creek 2'-3' Perennial
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
* Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 102 feet of perennial
channel and 128 of intermittent channel = 230 linear feet, 65 linear feet of isolated channel.
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4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U. S.) below:
Open Water Impact Area of Name Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) e) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In September 2002, a detailed wetland delineation was conducted by S&EC at the reauest of
the client in order to minimize impacts to streams and wetlands. In order to minimize stream
impacts, all stream crossings for the proposed subdivision are located at existing crossings that
need to be upgraded in order to install curb and gutter. The remaining streams/wetlands and
buffers will be preserved.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
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including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/newetlands/strmgide.html.
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.
Because perennial channel impacts are less than 150 linear feet and because the
remaining wetlands will be preserved, we do not believe mitigation should be required.
Impacts on-site are limited to the extension of existing culverts. If mitigation is required the
applicant proposes payment to the EEP.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http;//h2o:enr_state. c_us/wrp/index_htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
X.
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.
Yes ® No ? If you answered "yes", provide the following information:
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
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 22,324 3 NA
2 9,603 1.5 NA
Total 31,927 NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Please note: Approximately 10,222 sq.ft. of zone 2 will be graded and re-ve-getated as part of the
construction for the extended detention wetland. However, this activity is exempt from the
buffer rules.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
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No buffer mitigation is required because individual crossings are less than 1/3 acre and impacts
to Zone 2 are "allowable."
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The impervious surface on the proposed project is less than 24%. In fact, because this site is
located within a water supply watershed, the City of Durham will not allow impervious area to
exceed 24%. Therefore, a pre-approved stormwater plan is not required by the NC-DWQ. A
meeting was held with Mr. John Dorney of the NC-DWQ on February, 12a', 2004 at which time
he verbally approved the use of the proposed extended stormwater wetlands. A separate meeting
was held with Mr. Todd Tugwell of the USACE on the same day at which time he also verbally
aIpproved the extended stormwater wetlands.
XH. 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.
This subdivision will utilize sanitary sewer service for wastewater removal.
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No ®'
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
-- March 5, 2004
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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