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HomeMy WebLinkAbout20060447 Ver 2_401 Application_20080606044 d? t?rr ,. RtCEr Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com June 6, 2008 S&EC Project # 4865.W8 To: US Army Corps of Engineers NC Division of Water Quality Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit Attn: Monte Matthews Attn: Ian McMillan 3331 Heritage Trade Drive, Suite 105 2321 Crabtree Boulevard, Suite 250 Wake Forest, NC 27587 Raleigh, NC 27604-2260 From: Nicole Thomson Soil & Environmental Consultants, P.A. i U N 11010 Raven Ridge Road Raleigh, NC 27614 1)Ei4k 'aRANGii V?iEI D HND STORM?'?AT Re: Olde Towne Development - REAUTHORIZATION On behalf of the owners, Olde Towne Company LLC (Attn: Rocky Keim), please find attached a complete application and supplemental information requesting the issuance of Nationwide Permits 12 & 29 from the U.S. Army Corps of Engineers (USACE) and issuance of General Certifications 3699 & 3705 from the NC Division of Water Quality (DWQ). Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Olde Towne Project Type Mixed Use Development Owner / Applicant Olde Towne Company LLC Count Wake Nearest Town Raleigh Waterbod Name Walnut Creek Basin / Sub-basin 03-04-02 Index Number 27-34-(4 & 27-34-11 Class C; NSW 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 S&EC Project No. 4685.W8 Page 2 of 2 IMPACT SUMMARY Stream Impact (acres): 0.0274 temp./0.0248 perm. Wetland Impact (acres): 0.2623 temp./0.1752 perm. Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.2897 temp./0.2000 perm. Previously Approved & Constructed Impacts to Waters of the US acres 0.0819 temp./0.2828 perm. Total Stream Impact (linear feet): 503 LF temp./300 LF perm. Attachments: PCN Form Agent Authorization Form USGS Site Vicinity Map Wake County Soil Survey Site Vicinity Map Previously issued 404 Approval (Action ID SAW-2006-20287-292) Previously issued 401 Approval (DWQ No. 06-0447) Ecosystem Enhancement Program (EEP) Mitigation Receipt Conservation Easement Agreements USACE Stop Work letter (Action ID 200620287) NC DWQ March 7, 2008 NOV (NOV-2008-PC-0158) S&EC NOV-2008-PC-0158 Response NC DWQ April 16, 2008 NOV (NOV-2008-PC-0272) S&EC NOV-2008-PC-0272 Response S&EC Sedimentation Impact Delineation, Clean-up & Stabilization Plan NC DWQ Sedimentation Impact Delineation, Clean-up & Stabilization Plan Approval Conceptual Stream and Wetland Restoration Detail Impact Maps/Site Plans $570 Application Fee to DWQ Office Use Only: Form Version March 05 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 ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: REVERIFICATION NWP 12 & 29 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 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 here: ? II. Applicant Information RD C PWnr Fp) I Owner/Applicant Information JUN 6 2008 Name: Olde Towne, LLC Mailing Address: Attn: Rocky Keim DENR . WATtR 00AU'D 387 Medina Road, Suite 600 WETLANDS AND STORMWATER BRANCH Medina, OH 44256 Telephone Number: 330-239-3663 Fax Number: 330-239-6543 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: Nicole J. Thomson Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: 919-846-5900 Fax Number: 919-846-9467 E-mail Address: NThomsonasandec.com Page I of 18 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: Olde Towne Site 2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a 3. Property Identification Number (Tax PIN): 1732-14-2645, 1722-94-4878, 1722-95-7498, 1722-84-9482, 1722-85-3767, 1732-36, 9363, 1732-34-5647, 1732-47-6320, 1732-45-5227 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Olde Towne Site Directions to site (include road numbers/names, landmarks, etc.): From Raleigh; take the inner 440 beltline; exit Poole Road going east; Turn right onto S. New Hope Road; project site located approximated 3 miles down S. New Hope Road 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): 35.7445 ON 78.5561 °W 6. Property size (acres): +/- 616 acres 7. Name of nearest receiving body of water: Walnut Creek 27-3444); C NSW & Big Branch 27-34-11; C NSW 8. River Basin: Neuse (03-04-02) (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/mMs/.) 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 currently contains densely vegetated areas that were logged approximately 10 years ago, open abandoned pasture areas, and forested areas along Page 2 of 18 streams and within some floodplain wetlands. Some of the subject property has been cleared and graded for the previously approved road and utility crossings. The surrounding properties are forested or in residential development. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is for a mixed-use golf course development with proposed permanent and temporary impacts resulting from the installation of a roads, commercial use and sewer line that are required for accessing the entire property. Heavy equipment typically used for road and sewer line construction will be employed for this project. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide additional housing for the rapidly growing area. Proposed impacts to jurisdictional areas are needed in order to gain access and provide utilities to the entire property. 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. S&EC completed a detailed delineation of the property assemblage in March of 2003. DWQ conducted a buffer confirmation site meeting on 09/15/99 on the main portion of property_(NBRRO #99-244) and completed a buffer confirmation site meeting on the remaining additional parcels on June 24, 2003 (NBR 03-155 and NBR 03-156). Several site meetings have been held with the USACE, the most recent of which was held on January 5, 2006 with Monte Matthews. The site plans have been revised several times to avoid and minimize overall impacts. Several short office meetings have been held with DWO and USACE staff to try to address regulatory concerns with the initial submittal. On December 15, 2006 the USACE approved the impacts associated with the proposed Olde Towne development (see attached AID SAW-2006-20287-292). On January 8, 2007 the NC DWQ approved the impacts associated with the proposed Olde Towne development (see attached DWQ Project # 06-0447). On January 31, 2007 the EEP issued a receipt for the mitigation payment for unavoidable impacts to streams and wetlands for the Olde Towne development (see attached EEP receipt ILF-2006-292). The 404 and 401 approvals expired on March 18, 2007; the applicant requested and received an extension of the 404 and 401 Approvals through March 18, 2008. In November 2007, the USACE conducted a compliance visit to the Olde Towne development site and noted that an intermittent/unimportant/un-buffered stream channel had been relocated without Approval. During that site visit, the applicant voluntarily stopped all work in all jurisdictional areas until the violation was resolved (see attached USACE letter dated November 2.2007). Page 3 of 18 On March 7 and April 16, 2008, the NC DWQ issued Notices of Violation for the Olde Towne development for sediment and erosion control issues as well as the unauthorized relocation of an intermittent/unimportant/un-buffered stream channel (see attached NOV-2008-PC-0158 and NOV-2008-PC-0272). On April 15, 2008, S&EC submitted a Sediment Impact Delineation Report, Clean-up and Stabilization Plan to address the issues raised in the March DWQ NOV (see attached approval letter from Danny Smith, NOV-2008-PC-0158). The applicant is hereby requesting a reauthorization of the previously approved impacts associated with the Olde Towne development that have not been completed at this time. Please note that impacts P-1, P-13 (was P-6), T-3 (was T-4 & T-5) and T-5 (was T-6) have been completed. Additionally, the applicant is requesting approval for the relocation/restoration of the previously unauthorized relocation of an intermittent/unimportant/unbuffered stream channel. This channel was mistakenly relocated in the vicinity of previously approved impacts T-4 and T-5 (now identified as impact T-3). Due to a misunderstanding as to the status of the stream channel, the applicant thought that no permit was needed to move the channel to its current location. On November 1, 2007, this unauthorized channel relocation was shown to Mr. Monte Matthews (USACE). At that time the applicant also voluntarily suspended all work on the Olde Towne site until a resolution could be proposed and agreed upon with respect to the stream relocation. Subsequent correspondence with both Mr. Matthews and Ms. Fuentes of the NC DWO discussed the reasons for moving the channel without prior approval as well as the plans to stabilize and restore the stream channel. S&E has been engaged by Olde Towne, LLC to provide the NC DWQ and the USACE with a Stream Stabilization and Restoration plan to restore the unauthorized channel relocation. Included in this application package is a conceptual exhibit of the proposed stream and wetland restoration plan. Once the location of the stream and wetland restoration has been approved by the USACE and the NC DWQ, S&EC will prepare and submit a final restoration plan for approval. 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 additional permits are anticipated at this time. 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. 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. 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. Page 4 of 18 1. Provide a written description of the proposed impacts: Previously approved permanent wetland impacts total 0.4750 acre and previously approved permanent perennial stream channel impacts total 300 LF. Previously approved temporary wetland impacts total 0.3294 acre and previously Mproved temporary stream channel impacts total 129 LF. Current proposed permanent wetland impacts total 0.4581 acre (reduction of 0.0169 acres), current proposed permanent important/perennial stream impacts total 300 LF (no change), current proposed temporary wetland impacts total 0.3366 acres (increase of 0.0072 acres) and current proposed temporary stream channel impacts total 639 LF (increase of 510 LF). 2. 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. PREVIOUSLY AUTHORIZED WETLAND IMPACTS Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) es/no linear feet P_1* Road crossing Forested No +/- 200' 0.1990 P-2 Bridge pilings-road Herbaceous No +/_101 0.0006 P-4 Road crossing Forested No +/- 60' 0.1107 P-6 Road crossing Forested No +/- 1,800' 0.0838 P-7 Lot fill Herbaceous No +/- 200' 0.0590 P-8 Bridge pilings-golf cart Forested Yes 0 0.0007 P-9 Bridge pilinngl-golf cart Forested No +/-900' 0 0005 pat . P-16 Lot Fill Herbaceous No 0 0.0040 P-17 Road crossing Herbaceous No +/- 150' 0.0169 T-2* Utility crossing Herbaceous No +/_801 0344 0 (temporary) . T-3 Utility crossing Forested No +/-100' 0 0115 (temporary) . T-6 Utility crossing Forested Yes 0 0 0735 (temporary) . T-7 Utility crossing Forested Yes 0 0 0918 (temporary) . T-9 Utility crossing Forested No +/- 60' 0 1037 (temporary) . Total Wetland Impact (acres) **0.7901 * "P" refers to permanent impacts and "T" refers to temporary impacts ** of the 0.7901 acre total, 0.3149 acre is temporary Page 5 of 18 REVISED WETLAND IMPACTS REOUESTING REAUTHORIZATION Wetland Impact Type of Wetland Located within Distance to Area of Impact Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) P-3* (was P-2) Bridge pilings-road Herbaceous No +/_101 0.0011 P-8 (was P-17) Road crossing Herbaceous No +/- 150' 0.0162 P-10 (was P-4) Road crossing Forested No +/- 60' 0.0989 P-13 (was P-7) Lot fill Herbaceous No +/- 200' 0.0590 T-1* (was T-9) Utility crossing Forested No +/- 60' 0.1037 (temporary) T-2 (was T-3) Utility crossing Forested No +/-100' 0.0022 (temporary) Golf course fill to be T-4 (new impact) removed Herbaceous No +/- 10' 0.0297 (temporary) T-6 (was T-7) Utility crossing Forested Yes 0 0.0933 (temporary) T-15 (new impact) Utility crossing Herbaceous No +/_101 0.0334 (temporary) Total Wetland Impact (acres) 0.2623 temp/ 0.1752 perm * "P" refers to permanent impacts and "T" refers to temporary impacts 3. List the total acreage (estimated) of all existing wetlands on the property: +/- 60 acres 4. 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. Page 6 of 18 PREVIOUSLY AUTHORIZED STREAM IMPACTS Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? rmittent? Stream Width Length Impact (indicate on ma) Before Impact (linear feet) (acres) P-3 UT to Walnut Road crossing- Perennial 1-2' 150' 0.0059 Creek culvert & dissipater P-5 UT to Walnut Road crossing- Intermittent +/- 4' 150' 0.0144 Creek culvert & dissipate P-15 UT to Walnut Road crossing- Perennial 4-5' 45' 0.0046 Creek culvert & dissipate T-1 UT to Walnut Utility crossing Perennial +/- 6' 31' 0.0044 Creek (temporary) T-4 UT to Walnut Utility crossing Intermittent +/- 6' 42' 0.0060 Creek (temporary) T-5 UT to Walnut Utility crossing Intermittent 4-5' 76' 0.0086 Creek (temporary) T-6 UT to Walnut Utility crossing Perennial +/- 3' 31' 0.0023 Creek (temporary) T-7 UT to Walnut Utility crossing Perennial +/- 3' 35 0.0025 Creek (temporary) T-8 UT to Walnut Utility crossing Perennial 7-8' 32' 0.0057 Creek (temporary) Total Stream Impact (by length and acreage) *592' 0.0544 * of the 592 LF of total impact length, 292 LF is temporary Page 7 of 18 REVISED STREAM IMPACTS REQUESTING REAUTHORIZATION Stream Impact Perennial or Average Impact Area of Impact Number Stream Name Type of Impact Intermittent? Stream Width Length (acres) (indicate on ma) Before Impact (linear feet) P-7 (was P-3) UT to Walnut Road crossing- Perennial 1-2' 150' 0.0059 Creek culvert & dissipater P-1 I (was P-5) UT to Walnut Road crossing- Perennial +/- 4' 150' 0.0144 Creek culvert & dissipater P-9 (was P-15) UT to Walnut Road crossing- Intermittent 4-5' 49' 0.0045 Creek culvert & dissipater T-13 (was T-1) UT to Walnut Utility crossing perennial +/- 6' 31' 0.0044 Creek (temporary) T-6 (was T-7) UT to Walnut Utility crossing perennial +/- 3' 31 0.0024 Creek (temporary) T-7 (was T-8) UT to Walnut Utility crossing perennial +1-5' 32' 0.0036 Creek (temporary) T-15 (new impact) UT to Walnut Utility crossing perennial +/- 3' 20 0.0014 Creek (temporary) T-16 (new UT to Walnut Stream Relocation Intermittent +/- 2' 340 0.0156 impact)© Creek (temporary) Total Stream Impact (by length and acreage) *803' 0.0274 temp. /0.0248 perm. ©please note the impact table (sheet 2 of 16) shows the stream channel length to be 380 LF; the correct length is the 340 LF listed here * of the 803 LF of total impact length, 503 LF is temporary 5. 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 Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma ocean, etc.) (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0274 temp./0.0248 perm. Wetland Impact (acres): 0.2623 temp./0.1752 perm. Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.2897 temp./0.2000 perm. Previously Approved & Constructed Impacts to Waters of the US acres 0.0819 temp./0.2828 perm. Total Stream Impact (linear feet): 503 LF temp./300 LF perm. Page 8 of 18 7. 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. There are no isolated wetlands or streams on this property. 8. 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 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. The applicant is proposing 2 conventional culverted road crossings of creeks; impacts P-7 and P-11 (previously identified as impacts P-3 and P-5). These two crossings will utilize headwalls in an effort to further minimize stream and buffer impacts. The impacts associated with impact P-3 previously identified as impact P-2) will result from the installation of pilings needed for a bridized crossing. This crossing has been slightly revised since the original approvals and as a result, there is a slight increase in the amount of wetland impact associated with the bridge pilings. However, by proposing a bridge at this crossing, stream impacts in this area will be completely avoided. Several wetland impacts resulting from the installation of roads P-10 and P-8 (previously identified as P-4 and P-17) will also be minimized by using headwalls. Impact P-8 previously identified as P-17) has been reduced since the original approvals in an effort to further minimize permanent impacts to the site. It is also important to note that previous permanent impacts P-9, P-12, P-14 and P-16 were eliminated, reducing overall wetland impacts. Impacts P-10 and P-11 (previously identified as P-4 and P-5) are due to the main road bisecting the property. This road is on the City of Raleigh's thoroughfare plan and is required by the city to connect New Hope Road with Barwell Road. Please note that Impacts P-1 and P-12 (previously identified as P-1 and P-6) have been completed. Temporary impacts resulting from utility line installation have been reduced by crossing at Page 9 of 18 perpendicular angles and by using only 30-foot wide easements. It is important to note that previous temporary impact T-2 has been eliminated. Please note that Impacts T-3 and T-5 (previously identified as T-4, T-5 and T-6) have been completed. Golf cart crossings of streams, wetlands, and buffers will utilize bridges instead of culverts and fill. The crossings will only require 10' of pavement and will be laid out so as to avoid cutting any large trees to aid in retaining stable riparian buffers. The applicant is also aware of the regional conditions associated with the Nationwide Permits 29 and 12. With respect to residential development conditions (Regional Conditions section 4.9) the applicant does not anticipate any impacts to streams or wetlands associated with the required stormwater facilities, there are no proposed single-family recreation facilities, there are no 100 year floodplain limits identified on this project and therefore, there are no permanent wetland or stream fills proposed within the floodway and the stream classification for this project is C; Nutrient Sensitive Waters (NSW) (i.e. not Outstanding Resource Waters or High Quality Waters). With respect to utility line activities (Regional Conditions section 4.3) the applicant cannot utilize directional drilling/boring methods to install the proposed sewer lines due to the presence of rock on the subject site. Additionally, the depth and location of the pre-existing interceptors that the proposed sewer line will connect to preclude the use of directional drilling/boring methods (i.e. the existing interceptor is not deep enough and therefore, the gpplicant cannot directionally bore under the stream and/or wetlands). The applicant recognizes that the proposed temporary impacts for the sewer and water line installation will be for the minimum period of time required to complete the activity and that the stream must be returned to its pre-impact conditions (i.e. pattern, dimension and profile of the stream restored). The proposed sewer line construction corridor as well as proposed permanent easement corridor is only 30 feet wide (i.e. does not exceed 40 feet in width). The proposed sewer lines are not anticipated to interfere with navigation nor are they proposed to be aerial in nature. No rip-rap is proposed for the single stream crossing for the proposed sewer line installation. 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. Page 10 of 18 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 hllp://h2o.enr.state.nc.us/ncwetlands/stnnizide.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. The applicant previously utilized the Ecosystem Enhancement Program for 300 linear feet of permanent perennial/important stream impact as well as 0.4752 acres of permanent wetland impact. Please see the attached EEP receipt demonstrating that the applicant has paid for the necessary mitigation associated with Olde Towne. It should be noted that the applicant has since reduced the permanent wetland impacts for this project. 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 additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/M/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): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. 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 ? Page 11 of 18 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 ? X. 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Neuse )? 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. Page 12 of 18 Impact P-2 (ureviously auuroved P-8) Bridle Crossing "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 1,500 3 (2 for Catawba) N/A 2 820 1.5 N/A Total 2,320 N/A *reduction of 50 sq. ft. in Zone 1 and 30 sq. ft. in Zone 2 from previous approvals Impact P-3 (previously approved P-2) Bridge Crossing "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 3,290 3 (2 for Catawba) N/A 2 2,890 1.5 N/A Total 6,180 N/A *reduction of 10 sq. ft. in Zone 1 from previous approvals Impact P-4 (previously approved P-10) golf cart path "Allowable"O Zone* (square feet) Multiplier Required Miti ation l 1,350 3 (2 for Catawba) N/A 2 1,045 1.5 N/A Total 2,395 N/A *increase of 100 sq. ft. in Zone l and 145 sq. ft. in Zone 2 from previous approvals Othis is an existing crossing being converted to a golf cart path Impact P-5 (previously a roved P-11 golf cart ath "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 1,235 3 (2 for Catawba) N/A 2 825 1.5 N/A Total 2,060 N/A *reduction of 15 sq. ft. in Zone 1 and 25 sq. ft. in Zone 2 from previous approvals Impact P-6 (previously approved P-13) golf cart path "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 1,305 3 (2 for Catawba) N/A 2 865 1.5 N/A Total 2,170 N/A *increase of 5 sq. ft. in Zone 1 and 15 sq. ft. in Zone 2 from previous approvals Impact P-7 (previously approved P-3) perpendicular road crossine "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 7,910 3 (2 for Catawba) N/A 2 6,310 1.5 N/A Total 14,220 N/A *no change from previous approvals Page 13 of 18 3act P-10 (previously approved P-4 perpendicular road crossing "Allowable" Zone* Multiplier Required (square feet) Mitigation 1 0 3 (2 for Catawba) N/A 2 720 1.5 N/A Total 720 N/A Increase of 220 sq. ft. in Zone 2 from previous approvals Impact P-11 (previously approved P-51 perpendicular road crossine "Allowable" Zone* (square feet Multiplier Required Mitigation 1 8,525 3 (2 for Catawba) N/A 2 5,875 1.5 N/A Total 14,400 N/A *reduction of 75 sq. ft. in Zone 1 and 25 sq. ft. in Zone 2 from previous approvals Impact T-6 (previously approved T-7 sanitary sewer crossin "Allowable" Zone* Multi lier Required (square feet) p Mitigation 1 2,335 3 (2 for Catawba) N/A 2 1,515 1.5 N/A Total 3,850 N/A *reduction of 65 sq. ft. in Zone 1 and 5 sq. ft. in Zone 2 from previous approvals Imnact T-7 (nrevinusly annrnved T-81 sanitarv.ewer crn..inu "Allowahle" Zone* (square feet) Multiplier Required Mitigation 1 1,870 3 (2 for Catawba) N/A 2 1,240 1.5 N/A Total 3,110 N/A *reduction of 5 sq. ft. in Zone 1 and 10 sq. ft. in Zone 2 from previous approvals Imnact T-R (nrevinusly annrnved T-121 SWA #13 nntfall "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 1,090 3 (2 for Catawba) N/A 2 620 1.5 N/A Total 1,710 N/A *reduction of 10 sq. ft. in Zone 1 from previous approvals Imnact T-9 (nrevinusly annrnved T-13) SWA 014 nntfall "Allowable" Zone* (square feet Multiplier Required Mitigation 1 925 3 (2 for Catawba) N/A 2 610 1.5 N/A Total 1,535 N/A *no change from previous approvals Page 14 of 18 Impact T-1 0 reviousl a roved T-14 SWA #1 ou tfall "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 1,000 3 (2 for Catawba) N/A 2 615 1.5 N/A Total 1,615 N/A *reduction of 5 sq. ft. in Zone 1 from previous approvals T-11 Zone* (square feet 1 925 2 610 Total 1,535 I T-151 SWA #2 outfall "Allowable" Multiplier Required Mitigation 3 (2 for Catawba) N/A 1.5 N/A N/A *no change from previous approvals Imnact T-12 (nreviously annroved T-10) SWA 46 outfall "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 925 3 (2 for Catawba) N/A 2 615 1.5 N/A Total 1,540 N/A *reduction of 5 sq. ft. in Zone 2 from previous approvals Imnact T-13 (nreviously annroved T-1) sanitarv sewer crossing "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 1,815 3 (2 for Catawba) N/A 2 1,220 1.5 N/A Total 3,035 N/A *reduction of 35 sq. ft. in Zone 1 and 30 sq. ft. in Zone 2 from previous approvals Imnact T-14 (nreviously annroved T-11) sanitarv sewer crossing "Allowable" Required Zone* (square feet) Multiplier Mitigation 1 985 3 (2 for Catawba) N/A 2 615 1.5 N/A Total 1,600 N/A *reduction of 15 sq. ft. in Zone 1 and 5 sq. ft. in Zone 2 from previous approvals Imnact T-15 (new Imnact) water line crossing "Allowable" Zone* (square feet) Multiplier Required Mitigation 1 1,225 3 (2 for Catawba) N/A 2 830 1.5 N/A Total 2,055 N/A * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 15 of 18 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0244, or.0260. Buffer mitigation is not required because all proposed impacts are considered "Allowable". 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. The anticipated impervious surface for the post-development drainage areas will be greater than 24%, however, as this project is within a Nutrient Sensitive Watershed (NSW), the City of Raleigh has delegated authority to review and approve the proposed stormwater management plan (SMP). The proposed SMP has been submitted, reviewed and approved by the City of Raleigh in conjunction with the Construction Drawings (CDs). The City of Raleigh issued a general approval for the proposed project, however, did not issue a specific letter of SMP Approval for the Olde Towne Development. We are currently in the process of getting this SMP Approval letter from the City of Raleigh. Per the August 10, 2007 memorandum from Coleen Sullins, Director of the NC DWO; "If the necessary local approval of the SMP has not vet been obtained at the time of application, the application should indicate that a SMP has been, or will be, submitted for local government approval, indicate the local government that approval is being requested from, and indicate under what State stormwater program the activity will be covered bv. Any 401 Certification approved under this scenario shall be conditioned so that the proposed activity shall not commence until such time that the appropriate local approval has been granted." We are requesting a conditional 401 Approval contingent upon receiving the appropriate Stormwater Management Plan Approval from the City of Raliegh. The applicant understands that none of the proposed activities shall commence until the SMP Approval has been issued by the Town of Apex and copies of the ap rp oved plans and supporting documentation have been forwarded to the NC DWO. 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. The project will tie into existing portions of the City of Raleigh sewer system located adjacent to the property. 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 ? *please see Section XV for further explanation Page 16 of 18 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: We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that most residential subdivisions are unlikely to cause cumulative impacts. While the proposed development is large in nature and has a commercial component associated with it, Olde Towne is within a primarily residentially, industrially and commercially developed landscape and therefore, the utility infrastructure (i.e. water and electricity) are already in place to service the proposed development. We anticipate that you will advise us if a qualitative or quantitative impact analysis is required. 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). In November 2007, the USACE conducted a compliance visit to the Olde Towne development site and noted that an intermittent/unimportant/un-buffered stream channel had been relocated without Approval. During that site visit, the applicant voluntarily stopped all work in all jurisdictional areas until the violation was resolved (see attached USACE letter dated November On March 7 and April 16, 2008, the NC DWQ issued Notices of Violation for the Olde Towne development for sediment and erosion control issues as well as the unauthorized relocation of an intermittent/unimportant/un-buffered stream channel (see attached NOV-2008-PC-0158 and NOV-2008-PC-0272). On April 15, 2008, S&EC submitted a Sediment Impact Delineation Report, Clean-up and Stabilization Plan to address the issues raised in the March DWQ NOV (see attached approval letter from Danny Smith, NOV-2008-PC-0158). The applicant is requesting approval for the relocation/restoration of the previously unauthorized relocation of an intermittent/unimportant/unbuffered stream channel. This channel was mistakenly relocated in the vicinity of previously approved impacts T-4 and T-5 (now identified as impact T-3). Due to a misunderstanding as to the status of the stream channel the applicant thought that no permit was needed to move the channel to its current location. On November 1, 2007, this unauthorized channel relocation was shown to Mr. Monte Matthews (USACE). At that time the applicant also voluntarily suspended all work on the Olde Towne site until a resolution could be proposed and agreed upon with respect to the stream relocation. Subsequent correspondence with both Mr. Matthews and Ms. Fuentes of the NC DWQ discussed Page 17 of 18 the reasons for moving the channel without prior approval as well as the plans to stabilize and restore the stream channel. S&E has been engaged by Olde Towne, LLC to provide the NC DWO and the USACE with a Stream Stabilization and Restoration plan to restore the unauthorized channel relocation. Included in this application package is a conceptual exhibit of the proposed stream and wetland restoration plan. Once the location of the stream and wetland restoration has been approved by the USACE and the NC DWO, S&EC will prepare and submit a final restoration plan for approval. `Applicant/Agefit's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 18 of 18 Environmental Consultants, Rai,t;h, Nor+h ("nrohmi ' <=14 ",%+k 1n11AIA ":"On Address: 387 M="'Dtf19 Qb• SUITE &Q0 M 9bilf,14 , o,q 44- a 54 Phone: C1 19 - 7 57- ft 0Z 02 Project Name/ Description: QLJ.?c 1_bwk?6 S&EC Project # 4 3&,1-. WE Date: 3-1$- O$ The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: MDAITE )4AIMEWS Field Office: -RAL IE 1 Lrli Re: Wetlands Related Consulting and Permitting To Whom It May Concern: 1, the current landowner or municipal official hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request sppplemental information in support of applications, etc. from this day forward. The day of This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. Roy-kY 1 tcm , 6 . ©efr4*01-1 (;W64-r' Print Property Or%-ner's or Municipal Official's Name PropertJ•6wn . or Municipal Official's Signature cc: Ms. Cyndi Karoly cc: Mrs. Nicole Thomson NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Raleigh, NC 27604 t Ph.ax (,Vu i4,1-,2',1 AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner or Municipal Official Name: OL-bie 100 t-4c- GO • LLG 0 K C)A)l W E S V, • . 4 c Project No.: 4865MI? USGS MAP Project Mgr.: Soil & Environmental Consultants, PA N T OLDE TOWN 11010 Raven Ridge Rd.- Raleigh, NC 27614 RALEIGH, WAKE CO, NC (919) 846-5900 • (919) 846-9467 Scale: Web Page: www.SandEC.com 1 " = 2000' 12/16/05 Garner Quads roc: A q ? ? '9 ea ? ? LoB y g \ f\ N W +E S Project 4865.W18 ° SOIL SURVEY Project Mgr.: OLDS TOWN • Soil & Environmental Consultants, PA Nt 11010 Raven Ridge Rd.- Raleigh, NC 27614 RALEIGH, WAKE CO, NC (919) 846-5900 • (919) 846-9467 Scale: Web Page: www.SandEC.com 1" =1320' 12/16105 Wake Co. Soil Survey U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2006-20287-292 County: Wake USGS Quad: Garner GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Olde Towne, LLC Address: Attn: Rocky Keim 387 Medina Road, Suite 600 Medina, OH 44256 R ECEIVE D s, ? r. DEC 2, 7 )0l?h ? s By: Soil 6 [ROMoEnental Consultants, rA Telephone No.: 33U-239-3663 Size and location of property (water body, road name/number, town, etc.): The site is located on South New Hope Road. aaaroximately 3 miles from the intersection with Poole Road near Raleigh, Wake Countv, North Carolina and is identified as Olde Towne Subdivision. Aquatic features on site drain to Walnut Creek in the Neuse River Basin. Description of projects area and activity: This permit verification allows for permanent impacts to 0.4752-acre of wetlands. 300 linear feet of streams havintLy important aquatic functions and 45 linear feet of streams lacking important aquatic functions; and temporary impacts to 0.3149-acre of wetlands and 247 linear feet of streams during the construction of a residential subdivision. Mitigation is required for the permanent impacts to wetlands and streams with important aquatic functions (see Permit Conditions below). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 and 12 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. 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 new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. 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) 733-1786) 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. 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 Monte Matthews. Permit Conditions: 1. In order to compensate for impacts to 0.4752-acre of riparian wetlands and 300 linear feet of warm stream impact the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.4752-acre of riparian wetlands, and 300 linear feet of warm water streams in the Neuse River Basin, Cataloging Unit 03020201. Page 1 of 2 -2- Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. "Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands and Deepwater Habitats of the of the United States" 2. Please reference your email (from Sean Clark, S&EC, authorized agent) dated December 1, 2006, concerning the necessary language for the conservation easement governing the preservation area as required as mitigation for the proposed impacts. Also reference the map received by the Corps of Engineers on July 28, 2006, showing the areas proposed for inclusion within the conservation easement. We (the Corps of Engineers) agree with the language within the December 1, 2006 email and the areas depicted on the July 28, 2006 map and require the following permit condition (pertaining to the conservation easement): - Permitee shall execute and cause to be recorded in the Wake County Register of Deeds the conservation easement as described in your email (via Sean Clark, S&EC, authorized agent) dated December 1, 2006, for the purpose of maintaining the preservation areas, as shown on a properly recorded plat, showing preservation areas depicted with metes and bounds, in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee and the holder of the conservation easement (City of Raleigh, North Carolina) shall enforce the terms of the conservation easement and, prior to conveyance of the property, shall take no action on the property described in the easement inconsistent with the terms thereof. The permittee shall provide a copy of the recorded conservation easement to the Corps of Engineers within 6 months of permit issuance date. Corps Regulatory Official: Monte Matthews .,.? Date: December 15, 2006 Expiration Date of Verification: March 18, 2007 Page 2 of 2 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Soil & Environmental Consultants Attn: Sean Clark 11010 Raven Ridge Road Raleigh, NC 27614 AO? W AT ?9pG May 16, 2006 Mr. Rocky Keim Olde Towne, LLC 387 Medina Road, Suite 600 Medina, OH 44256 Subject Property: Olde Towne Ut to Walnut Creek [030402,24-34-(4), C, NSW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-0447 Wake County R EC E IV D MAY 2 2 2006 By: Soil S Envhmnental Consultants. PA Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Keim: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.7901 acres of wetland (0.4752 acres permanent impacts, 0.3149 acres temporary impacts), 592 linear feet stream (300 linear feet permanent impacts, 292 linear feet temporary impacts), 42,110 square feet (ft) of protected Zone 1 Neuse River basin riparian buffer and 29,980 square feet (ft) of protected Zone 2 Neuse River basin riparian buffer as described in your application dated March 17, 2006, and received by the Division of Water Quality (DWQ) on March 17, 2006, for the purpose of constructing the residential subdivision and accompanying utilities at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3374 and 3402 (GC3374 and GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 12 and NW39, respectively, when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved 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: http://h2o.enr.state.nc.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources N?os?e ,Carolina Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Olde Towne, LLC Page 2 of 6 May 16, 2006 The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount A roved Units Plan Location or Reference 404/Wetland 0.7901 acres of wetland (0.4752 acres permanent impacts, 0.3149 acres tem or impacts) PCN page 4 of 11 Stream 592 linear feet stream (300 linear feet permanent impacts, 292 linear feet temp orar impacts) PCN page 5 of 1 I Buffer -Zone 1 42,110 (square ft. PCN page 9 of I I Buffer - Zone 2, 29,980 (square ft. PCN a e 9 of 11 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. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. 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 15A NCAC 2B.0233 and GC 3404; Olde Towne, LLC Page 3 of 6 May 16, 2006 6. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 7. Written Stormwater Management Plan (Final Plan Needed) A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality Certification. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. 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 Olde Towne, LLC Page 4 of 6 May 16, 2006 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. Also, the stormwater management plan (as approved by the Wetlands Unit) shall be implemented before any permanent building or other structure is occupied at the subject site. 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. 8. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional"approval from this Office. Mitigation: 9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number 404/Wetland 0.9504 Neuse/03020201 Stream 195 (linear feet Neuse/03020201 10. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; Olde Towne, LLC Page 5 of 6 May 16, 2006 11. Sewer Systems The project shall comply with 15A NCAC 2H.0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 12. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm.; 13. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 213 .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. Sincerely, )/-,"I Alan W. Klimek, P.E. AWK/ym Olde Towne, LLC Page 6 of 6 May 16, 2006 Enclosures: NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements GC 3374, GC3402 Certificate of Completion cc: Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 29614 USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 06044701deTowne(Wake)401_NBR W A T ?9QG r O `ii? Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Olde Towne, LLC has permission as outlined below to impact 0.4752 acres of wetlands and 300 linear feet of stream for the purpose(s) of constructing the proposed Olde Towne subdivision and accompanying utilities located on S. New Hope Road in Wake County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Raleigh, NC COUNTY Wake BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 0.4752 Acres of Class WL wetland 0.9504 Acres of Class WL wetland 195 linear feet of stream 195 linear feet of stream In correspondence dated May 12, 2006, the EEP indicated that up to 0.9504 acres wetland mitigation and 300 linear feet of stream mitigation will be conducted by EEP if necessary for the 401 Water Quality Certification and 404 Permit. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 06044701deTowne(Wake)401-NBR-EEP 401 Oversight/Express Review Permits 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: http://h2o.enr.state.nc.us/ncwetlands N ehCarolina Noaturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 10 tem. PROGRAM RECEIPT January 31, 2007 Rocky Keim Olde Towne, LLC 387 Medina Road, Suite 600 Medina, OH 44256 Project: County: DWQ#: COE#: EEP #: Amount Paid: Check Number: Olde Towne Wake 06-0447 2006-20287-292 ILF-2006-292 $83,52350 1244 The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/LAMA Permit(s) issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. River Basin Stream Credits Wetland Credits Buffer I & II CU (linear feet) (acres) (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Neuse 0 0 300 0.4752 0 0 0 03020201 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, . °V William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE- Raleigh, Thelma Hemmingway, USACE-Wilmington Ian McMillan, DWQ- Raleigh Nikki Thomson (elec.) File x"toring... ... PYOt". our State WDER North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NO 27699-1652 / 919-715-0476 / www.nceep.net APR.10'2003 12:24 919 876 5823 USACE RAL REG 40735 P.0021006 oin T46 14(-7 DRAFT laawvyAAM PERMANENT CONSERVATION EASEM EM THIS CONSERVATION MEN= ("Conservation Easemenn made this _ day of 200 by and between `>i a e 7t?? ?L L L , Mantof) and C' o I ?z'+ (Grantee), 14 The designation Grantor and Grant= as used herein shall include said parties, their successors and assigns, and shall include singular, plural, masculine, feminine or neater as required by context. RECI'T'ALS WHEREAS, CVanfor owns in fee simple certain real property situated, lying and being in ) c. County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property'); WIEREAS, Grantee is [either a public body of this state, an agency of the United States, or a nonprofit corporation or trust whose purpose is the conservation of property], and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: [describe by wetland and/or stream type, as well as any associated buffers or upland oommumties]. The purpose of this Conservation Easement is to maintain wetland and/or riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. WHEREAS, the preservation of the Property is a condition o£Department of the Army permit Action M " issued by the Wilmington District Corps of Engineers, required to mitigate for unavoidable stream and/or wetland impacts authorized by that permit, and certified by a 401 Water Quality Certification issued by the North Carolina Division of Water Quality. Grantor and Bolder agree that third-patty rights of enforcement shall be hold by the U.S. Array Corps ofEngineers, Wilmington District and the North Carolina Division of Water Quality (Third-Parties, to include any successor agencies), and that these rights are in addition to. and do not limit, the rights of enforcement under said permit and certification. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby APR.10'2003 12:25 419 675 5823 USAGE RAL REG #0735 P.0031006 unconditionally and irrevocably grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity a Conservation Easement of the natute and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This conservation Easement is an msement in gross, ruts with the land and is enforceable by Grantee against Grantor, Grantor's successors and assigns, lessees, agents and licensees. ARTICLE TL PROII.t$TTED AND RESTRICTED ACTIVITIES Any activity on, or use of, the property incoztsisteat with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder. A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited.. B. ConstructThere shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line pier landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial Commercial and Residential Use. Industrial and/or commercial activities, including any right of passage used in conjunction with commercial or industrial activity, are prohibited on the property. Residential use of the Property is prohibited. D. Agricultural Grazing and Horticultural Use. Agricultural, grazi ag, and horticultural use of the Property is prohibited. E_ Vegetation There shall be no removal, burning, destruction, harming, cutting or mowing of uees, shrubs, or other vegetation on the Property. F. Sienaee. No signs shall be permitted on or over the Property, cxcept the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property APR.10'2003 12:25 419 876 5923 USACE RBL REG #0735 P.004/006 and/or signs identifying the Grantor as owner of the property and Grantee as the holder of Conservation Easement on the Property. G. Dumvinu or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. Excavation, Dredging. There shall be no grading, filling, kl. Mineral Use excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, Took, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. 1. Water Quality and Drama£E Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited- J. DeveloRlnent Rig tts. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. K Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt.bites, all-terrain vehicles, cars and trucks is prohibited. ARTICU III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, 6A and hike on the property, the right to sell, transfer, gift or otherwise convoy the Property, in whole or in part, provided such sale, transfer or gilt conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to enter the Property at all reasonable tunes for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, APR.10'2003 12:25 919 076 5023 USACE RAL REG #0735 P.005/006 successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the rigbt to enter and go upon the property for purposes of making scientific or educational observations and studies, and taking samples, The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. Upon any breach of the terms of this Conservation Easement by the Grantor, its agents, successors, or assign, which comes to the attention of the Grantee, the Grantee or Third-Parties may institute a suit to enjoin such violation and if necessary, to require the restoration of the Property to its prior condition at the Grantor's expense. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Properly resuI ttg from oauces beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or fzvm any prudent action takers in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or hazes to the Property resulting from such causes. ARTICLE VI MISCELLANEOUS A. Title. The Grantor warrants, covenants and represents that Grantor is the sole owner and is seized of the Property in fee simple and has good right to make, declare and impose the aforesaid Conservation Easetent; the Property is fret and clear of any and all ettCUmbrancC^c, except the following de=bed easements leases, restrictions, and rights of way of record. [describe title exceptions by type of instrument and deed book and page], and that Grantor will warrant and defend title to the same against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Coantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer, The Ormtor and Grantee agree that the terms of this Conservation Easement shall survive any merger or the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Third- Parties. A?R.10'2003 12:26 919 876 5823 USACE RAL REG $0735 P.006/006 C. Assi ug_me 1?t The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it tr m fm or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq., and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation proposes described in this document. D. Entire Aereement and Sevesability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent j urisdiction, the remainder shalt continue in full force and effect. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division Action ID. 200620287 Mr. Rocky Keim Olde Towne, LLC 5810 Cameo Glass Way Raleigh, North Carolina 27612 Dear Mr. Keim: November 2, 2007 NOV 0 5 2907 This refers to a recent site meeting between Mr. Monte Matthews of the U.S Army Corps of Engineers, Mr. Andy Beck of Olde Towne Company, LLC, Mr. Sean Clark and Ms. Nicole Thomson of Soil and Environmental Consultants on November 1, 2007, at the Olde Towne Development site near Raleigh, Wake County, North Carolina. The purpose of the site meeting was to conduct a compliance inspection for the permit conditions of a Section 404 permit issued to Olde Towne, LLC on December 15, 2006. Aquatic features on this site drain to Walnut Creek in the Neuse River Basin. The November 2007 site visit revealed that approximately 200-300 linear feet of stream channel had been impacted beyond the permit limits established by your 404 permit. This impact resulted from an unpermitted relocation of the stream channel. In addition, sediment and erosion control measures had not protected the jurisdictional stream/wetland within this area and it was not evident that you have satisfied the preservation component of your compensatory mitigation plan. The actions stated above violate the permit conditions of your 2006 permit. During the recent meeting you volunteered to stop work in all waters of the U.S. until the violations are resolved. The Corps agrees that this is a necessary step and hereby directs Olde Towne, LLC to cease and desist from any further work in wetlands or waters on the property that would result in new impacts to these aquatic features. Please be aware that we are considering enforcement action for the violations of your permit conditions as stated above. As stated during the site visit, a formal response is required. Please indicate when the violation was completed, the reasons for the violation, the amount of stream channel/wetland impacted by the violation, the remediation steps proposed, and proof of recording of the conservation easement. Please submit this information to this office on or before November 19, 2007. Please be reminded that no new impacts within wetlands or waters can occur on your property until this matter is resolved. Such work, without authorization by a DA permit, may result in referral of this matter to the U.S. Attorney for appropriate action. Please contact Mr. Matthews at telephone (919) 876-8441, Extension 30, if you have any questions regarding this letter or the actions required on your part to resolve this violation. Sincerely, Jean B. Manuele Chief, Raleigh Regulatory Field Office Copies Furnished: Sean'Clark S&EC 11010 Raven Ridge Road Raleigh, NC 27614 U.S. Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800 Federal Building Raleigh, North Carolina 27601-1461 Mr. Ron Mikulak, Chief Wetlands Section-Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 2 Ms. Cyndi Karoly North Carolina Department of Environment and Natural Resources Division of Water Quality Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Justin McCorcle Assistant District Council Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 3 O? W A TF9 ichael Governor lil F l o +1 Jr., Secretary W liam G Ross . 02 7 North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director p .? Division of Water Quality March 7, 2008 CERTH IED MAIL #7006 0810 0002 6048 8015 RETURN RECEIPT REQUESTED " MAR 10 2008 Olde Towne, LLC Attn: Mr. Rocky Keim 387 Medina Road, Suite 600 Medina, Ohio 44256 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-PC-0158 Wetland Project # 06-0447 REVISED-2 Olde Towne, LLC 35.7445°N, -78.5561°W 401 Water Quality Certification Condition Removal of Best Usage Wetlands Standards Other Waste (in pond sediment) Neuse Buffer - Die Flow Stormwater General Permit (NCGO10000) Condition Wake County Dear Mr. Keim: On February 29, 2008, Lauren Cobb and Natalie Landry from the Raleigh Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for the tract/project known as Olde Towne on South New Hope Road, Wake County, North Carolina. The streams on the site are an unnamed tributary (UT) to Walnut Creek and unnamed UT to Big Branch, both Class C NSW waters in the Neuse River Basin. Accordingly, the following observations were noted during the DWQ inspection and file review: Mr. Sean Clark of Soil and Environmental Consultants, P.A. submitted a Pre-Construction Notification (PCN) and supplemental information on or about 03/17/2006 on behalf of the property owner, Olde Towne, LLC. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permits 12 and 39 and the corresponding General Water Quality Certifications. DWQ issued an approval for the impacts on or about 01/08/2007, DWQ Project# 06-0447, REVISED-2. The 401 Water Quality Certification DWQ Project# 06-0447 authorizes a temporary utility crossing for 42 linear feet of stream impacts to the UT to Walnut Creek. This is identified as stream impact number T-4. The Certification also authorizes a temporary utility crossing for 76 linear feet of stream impacts to the UT to Walnut Creek. This is identified as stream impact number T-5. DWQ observations during the 02/29/2008 site inspection show that approximately 330 linear feet of the UT to Walnut Creek located in the northwest comer of the property and east of South New Hope Road is North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service Internet: h2o.ennstate.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 5714718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Page 2 Olde Towne, LLC Wake County relocated without prior DWQ approval. This segment of the UT is located below stream impacts T4 and T-5 as depicted on the map provided in the PCN. Observations also include approximately 7,480 square feet of sediment deposition in wetlands, depths ranging from approximately 8-30 inches, located immediately downstream of the relocated UT to Walnut Creek located in the northwest corner of the property and east of South New Hope Road. Observations also include approximately 5,815 square feet of sediment deposition in the pond located in the southern portion of the property just north of Rock Quarry Road, depths ranging from approximately 27-36 inches. Observations also include concentrated flow through the buffer of the UT to Big Branch for approximately 50 feet, located in the southwest portion of the property, northeast of Rock Quarry Road and below a sediment basin. The site inspection and f le review revealed that the subject project has an a &,F Erosion and Sedimentation Control Plan and is covered by a stormwater general permit 10000). A copy of the approved Erosion and Sedimentation Control Plan was not found in the inspection box on the subject site. A rain gauge was found on the subject site. Erosion and sedimentation control facility monitoring records were found on site and reviewed by DWQ personnel at the time of the inspection. As a result of the site inspection and file review, the following violations, described below, are noted: 1. 401 Water Quality Certification Condition Violation 11. Removal of Best Usage M. Wetlands Standards IV. Other Waste (in-pond sediment) V. Neuse Buffer - Diffuse Flow VI. Stormwater General Permit (NCG010000) Condition Violation Item I. 401 Water Quality Certification Condition Violation The 401 Water Quality Certification DWQ Project# 06-0447-REVISED-2 approval letter specifies that the activities must follow the conditions listed in the General Water Quality Certifications, as well as additional conditions listed in the letter. Based on site observations and the file review, violations of conditions 1, 2, 8 and 12 occurred on the Olde Towne property. These also represent violations of Items 11- VI below. Item H. Removal of Best Usage Relocation of the stream channel violates Removal of Best Usage, specifically, 15A NCAC 2B .0211 (2) which requires that "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis." Please see the Requested Response section for details concerning how to achieve compliance at the site. Item M. Wetlands Standards The observed sediment deposition in wetlands is in violation of 15A NCAC 02B .0231 (b) which reads as follows: (1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses; Page 3 Olde Towne, LLC Wake County (5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: (C) The chemical, nutrient and dissolved oxygen regime of the wetland; (D) The movement of aquatic fauna; (F) Water levels or elevations. Item IV. Other Waste (in-pond sediment) The documented in-pond sediment deposition is in violation of 15A NCAC 02B .0211 (3)f which reads as follows: Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. Item V. Neuse Buffer - Diffuse Flow Diffuse flow was not maintained in the Neuse buffer in violation of 15A NCAC 02B .0233 (5) which reads as follows: Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation. Item VI._Stormwater General Permit (NCG010000) Condition Violation During the inspection, a copy of the approved Erosion and Sedimentation Control Plan was not on site and available for review. This is a violation of General Permit NCG010000, Part I, Section A: No. 2, which reads, in part, "During active construction, a copy of the approved plan shall be maintained on the site." Requested Response You are directed to respond to this letter in writing to DWQ at the address provided below within 30 days of receipt. You are also encouraged to secure a consultant who specializes in buffer, stream and wetland restoration to assist you with the development and submittal of the following: 1. Documentation depicting all jurisdictional features (e.g. streams, wetlands, and buffers), A description and quantification of the impacts to those jurisdictional features and your plans to avoid further stream, wetland, and buffer impacts on the site. 2. Stream Restoration Plan - Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channel to include the removal of earthen fill and restoration of the riparian area. The streambed must be restored to the original profile and the stream banks must be stabilized. The riparian zone must be restored to the original vegetation. Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance in developing your plan (available on the web at: http://www.neeep.net/news/reports/buffers.pdf). Be sure to include the types of native woody vegetation selected, methodology of planting and a site map indicating the location of the replanting efforts. 3. Pond and Wetland Restoration Plan (sediment impacts) - Sediment impacts to the pond and wetland must be removed. As a part of this plan, you should provide the amount (depth) of material that has been deposited in the pond and wetland. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the wetland and the pond. The sediment should be removed from the pond and the wetland, taken to high ground and stabilized. Also, the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. Page 4 Olde Towne, LLC Wake County 4. A Riparian Buffer Restoration Plan to this office for review and approval. Please clearly indicate the site conditions as they currently exist and how you propose to restore diffuse flow in the riparian buffer. 5. Permit Application - If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACE) and the DWQ to modify your current 404 and 401 permits. Please note that sediment impacts to streams, ponds and wetlands are not permittable. 6. Provided a statement that the Erosion and Sedimentation Control Plan is on-site and note where on-site the plan is kept. Include a detailed implementation schedule with dates explaining when the stream, wetland, pond and buffer restoration will be accomplished. This schedule should include a three-year monitoring plan to ensure that the stream and wetland are restored. It is important that you adhere to this new plan once approved by DWQ. If you make any modifications to the approved plan, DWQ must approve them prior to implementation. Finally, please explain how you propose to prevent these problems from reoccurring on future projects. Submit Requested Items To: Natalie Landry DWQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Thank you for your attention to this matter. This office requires that the violations, as described above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Natalie Landry at (919) 791-420 inc ely, Surface lNater Protection Section cc: Raleigh RO - Water Quality Raleigh RO - Land Quality John Hennessy, NPS Assistance and Compliance Oversight Unit Water Quality Central Files Monte Mathews, USACOE, 3331 Heritage Trade Drive, Stel05, Wake Forest, NC 27587 Cyndi Karoly, 401 Oversight/Express Review Permitting Unit Patrick Paine, City of Raleigh, 222 West Hargett Street, POB 590, Raleigh, NC 27602 Nicole Thomson, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com April 3, 2008 S&EC Project No. 4865.W8 Ms. Natalie Landry NCDENR-DWQ Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 Reference: Olde Towne Mr. Danny Smith NCDENR-DWQ NPS Assistance and Compliance Oversight 1617 Mail Service Center Raleigh, NC 27699-1617 Notice of Violation Response Wake County, NC USACE Action ID SAW-2006-20287-292 NC DWQ Project No. 06-0477, Revised 2 Dear Ms. Landry and Mr. Smith: As requested in your March 7, 2008 Notice of Violation (NOV) and as discussed during the site meeting on February 5, 2008, Soil & Environmental Consultants, PA (S&EC) has been engaged by Olde Towne, LLC to prepare a Sediment Impact Delineation Report and Clean-up Plan for in-stream sedimentation which has occurred within the referenced project site. In addition, further discussions between S&EC, Olde Towne, LLC, the US Army Corps of Engineers and yourself has led to S&EC preparing this NOV response. Within the March 7, 2008 NOV, the following violations were listed and identified: 1. 401 Water Quality Certification Conditions Violation II. Removal of Best Usage III. Wetland Standards IV. Other Waste (in-pond sediment) V. Neuse Buffer-Diffuse Flow VI. Stormwater General Permit (NCGO10000) Condition Violation The remainder of this letter will respond to each item individually; the original request will be in italics followed by our response: 1. Documentation depicting all jurisdictional features (e.g. steams, wetlands, and buffers). A description and quantification of the impacts to those jurisdictional features and your plans to avoid further stream, wetland, and buffer impacts on the site. Olde Towne Soil & Environmental Consultants, PA April 3, 2008 Project No. 4865.W8 The original project application submitted to both the US Army Corps of Engineers (USACE) and the NC Division of Water Quality (NC DWQ) on March 17, 2006 depicted all the jurisdictional features present on the Olde Towne site. Additionally, all of the proposed impacts were included within the application package that was subsequently approved (USACE Action ID SAW-2006-20287-292, NC DWQ Project No. 06-0477, Revised 2). Since that time, an un-buffered, unimportant channel (see NBRRO #99-244 from Mr. Steve Mitchell and associated Buffer Delineation Sign-Off map) was mistakenly relocated in the vicinity of previously approved impacts T-4 and T-5. Due to a misunderstanding as to the status of the stream channel, the applicant thought that no permit was needed to move the channel to its current location. On November 1, 2007, this unauthorized channel relocation was shown to Mr. Monte Matthews (USACE). At that time the applicant also voluntarily suspended all work on the Olde Towne site until a resolution could be proposed and agreed upon with respect to the stream relocation. Subsequent correspondence with both Mr. Matthews and Ms. Fuentes of the NC DWQ discussed the reasons for moving the channel without prior approval as well as the plans to stabilize and restore the stream channel. It should also be noted that as of March 18, 2008, the original approvals for the Olde Towne project expired. It will therefore be necessary for the applicant to reapply for the impacts not completed at this time on the subject site. To this end, S&EC has been engaged by Olde Towne, LLC to prepare and submit a re-authorization application package for the permanent and temporary impacts that were approved in 2006 but have not been completed at this time. This re-authorization application package will also include impact maps that quantify impacts to the un-buffered, intermittent stream channel that was mistakenly relocated as well as justification for allowing it to remain in its current position. We anticipate providing this information to the NC DWQ and the USACE within the next 60 days. 2. Stream Restoration Plan-Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channel to include the removal of earthen fill and restoration of the riparian area. The streambed must be restored to the original profile and the stream banks must be stabilized. The riparian zone must be restored to the original vegetation. Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance in developing your plan (available on the web at: http://www.nceep.net/news/reports/bu)Eers pd fl. Be sure to include the types of native woody vegetation selected, methodology of planting and a site map indication the location of the replanting efforts. As outlined in the previous response, S&EC has been engaged by Olde Towne, LLC to provide the NC DWQ and the USACE with a Stream Stabilization plan as well as an "after-the-fact" permit request for the channel relocation. It should be noted that the channel in question is un-buffered and therefore, no buffer restoration will be proposed. This plan and the "after-the-fact" permit request are currently being Page 2 of 4 Olde Towne Soil & Environmental Consultants, PA April 3, 2008 Project No. 4865.W8 developed and will be submitted to both the USACE and the NC DWQ for approval under separate cover within the next 60 days. 3. Pond and Wetland Restoration Plan (sediment impacts) - Sediment impacts to the pond and wetland must be removed. Asa part of this plan, you should provide the amount (depth) of material that has been deposited in the pond and wetland. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the wetland and the pond. The sediment should be removed from the pond and the wetland, taken to high ground and stabilized. Also, the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. As discussed previously, S&EC has been engaged by Olde Towne, LLC to develop a Sediment Delineation and Removal report. This report is currently being developed and will be submitted to both the USACE and the NC DWQ for approval under separate cover within the next two weeks. 4. A Riparian Buffer Restoration Plan to this office for review and approval. Please clearly indicate the site conditions as they currently exist and how you propose to restore diffuse flow in the riparian buffer. As previously stated, the unauthorized channel relocation occurred on an un-buffered, Intermittent stream channel, therefore, no Riparian Buffer Restoration is being proposed. Additionally, the March 7, 2008 NOV letter stated that "concentrated flow through the buffer of the UT to Big Branch for approximately 50 feet, located in the southwest portion of the property, northeast of Rock Quarry Road and below a sediment basin " was observed during the February 29, 2008 site inspection. We are currently unclear as to the location of the alleged violation as there are 3 sediment basins in that particular area (Basins 4, 5 and 6). We therefore are requesting clarification as to the location of the concentrated flow through the Riparian Buffer that you observed so that we can better address your concern. Additionally, in the original Approvals from both the USACE and the NC DWQ, the discharges from sediment basins 4, 5 and 6 were documented and the associated impacts were approved. 5. Permit Application - If you wish for any impacts to remain in place, you must contact the U.S. Army Corps or Engineers (USACE) and the DWQ to modify your current 404 and 401 permits. S&EC has been engaged by Olde Towne, LLC to prepare and submit a re- authorization request for the impacts that were originally approved in 2006 but not completed by March 18, 2008. This submittal will also include an "after-the-fact" permit request for the relocated un-buffered, intermittent stream channel. This application package is currently being prepared and will be submitted to both the NC DWQ and the USACE within the next 60 days. 6 Provided [sic] a statement that the Erosion and Sedimentation Control Plan is on-site Page 3 of 4 Olde Towne April 3, 2008 Soil & Environmental Consultants, PA Project No. 4865.W8 and note where on-site the plan is kept. The Erosion and Sedimentation Control Plan is in the new monitoring box just to the southeast (about 20 feet) from the construction trailer at the New Hope Entrance. We anticipate that this addresses all of the DWQ's concerns. If you have any further questions or any additional explanation is needed, please don't hesitate to call. Sincerely, r 4cole J. Thomson Regulatory Specialist Cc: Mr. Monte Matthews, USACE, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 Ms. Cyndi Karoly, DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 Mr. Rocky Keim, Olde Towne, LLC, 387 Medina Road, Suite 600, Medina, OH 44256 Mr. Patrick Paine, City of Raleigh, PO Box 590, Raleigh, NC 27602 Page 4 of 4 ?F W ATF,9 Michael F. Easley, Governor o ? William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources -. r > Coleen H. Sullins, Director .? Division of Water Quality April 16, 2008 CERTIFIED MAIL #7006 0810 0002 6048 8060 RETURN RECEIPT REQUESTED Olde Towne, LLC Attn: Mr. Rocky Keim 387 Medina Road, Suite 600 Medina, Ohio 44256 APR 18 2008 Subject: NOTICE OF CONTINUING VIOLATION and INTENT TO ENFORCE INJUNCTIVE RELIEF NOV-2008-PC-0272 Olde Towne, LLC 35.7445°N, -78.5561°W Wetlands Standards Removal of Best Usage Stormwater General Permit (NCG010000) Condition Wake County Dear Mr. Keim: On April 10, 2008, Lauren Cobb and Natalie Landry from the Raleigh Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for the tract/project known as Olde Towne on South New Hope Road, Wake County, North Carolina. The streams on the site are an unnamed tributary (UT) to Walnut Creek and a UT to Big Branch, both Class C NSW waters in the Neuse River Basin. Accordingly, the following observations were noted during the DWQ inspection and file review: DWQ observations during the April 10, 2008 site inspection show approximately 850 square feet of sediment deposition in wetlands, depths ranging from approximately 2-18 inches, resulting from construction activity, located north of sediment basin #7 and P-1 Public Street "A" Crossing storm sewer. This sediment deposition is in addition to what was noted in the first Notice of Violation (NOV) at other locations on the tract. DWQ staff also observed and noted that the bank of the relocated stream continues to erode. The erosion is reducing the distance between the stream and a stormwater pond, placing the integrity of the pond wall in jeopardy of failure. DWQ received a copy of a NOV issued by the City of Raleigh on April 16, 2008. The NOV stated that the subject site is in violation of failure to maintain temporary and/or permanent measures, failure to provide protective erosion and sediment control measures and failure to provide adequate ground cover. As a result of the site inspection and file review, the following violations, described below, are noted: 1. Wetlands Standards II. Removal of Best Usage North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper Page 2 Olde Towne, LLC Wake County III. Stormwater General Permit (NCGO10000) Condition Violation Item I. Wetlands Standards The observed sediment deposition in wetlands is in violation of 15A NCAC 02B .0231 (b) which reads as follows: (1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses; (5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: (C) The chemical, nutrient and dissolved oxygen regime of the wetland; (D) The movement of aquatic fauna; (F) Water levels or elevations. Item II. Removal of Best Usage Relocation of the stream channel and degradation of the relocated stream channel violates Removal of Best Usage, specifically, 15A NCAC 2B .0211 (2) which requires that "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long- term basis." Item III. Stormwater General Permit (NCGO10000) Condition Violation The City of Raleigh issued an NOV for failure to maintain temporary and/or permanent measures, failure to provide protective erosion and sediment control measures and failure to provide adequate ground cover. This is in violation of the Stormwater General Permit (NCGO10000) Part H. Section C. No. 1. Proper Operation and Maintenance. Requested Response You are directed to respond to this letter in writing to DWQ at the address provided below within 15 days of receipt. You are also encouraged to secure a consultant who specializes in stream and wetland restoration to assist you with the development and submittal of the following: 1. Documentation depicting all jurisdictional features (e.g. streams and wetlands). A description and quantification of the impacts to ALL jurisdictional features and your plans to avoid further stream, wetland, and buffer impacts on the site. 2. Wetland Restoration Plan (sediment impacts) - Sediment impacts to the wetlands on the site must be removed. As a part of this plan, you should provide the amount (depth) of material that has been deposited in all the wetlands. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the wetland. The sediment should be removed from the wetland, taken to high ground and stabilized. Also, the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. If additional jurisdictional areas are identified as impacted in the process of completing Item #1, include these in the restoration plan. 3. Provide a solution to the eroding bank of the relocated stream in the vicinity of the stormwater pond. Stabilize the stream bank to protect the stormwater pond. 4. Explain in your response when you anticipate being in full compliance with the approved Erosion and Sedimentation Control Plan. Page 3 Olde Towne, LLC Wake County Include a detailed implementation schedule with dates explaining when the wetland restoration will be accomplished. It is important that you adhere to this new plan once approved by DWQ. If you make any modifications to the approved plan, DWQ must approve them prior to implementation. Finally, please explain how you propose to prevent these problems from reoccurring on future projects. Submit Requested Items To: Natalie Landry DWQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Thank you for your attention to this matter. This office requires that the violations, as described above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. This office is considering forwarding a civil penalty recommendation for assessment consideration and proceedings with injunctive relief procedures through the Attorneys Generals Office. Your response to this matter will be considered in this process. Please respond within 15 days of receipt of this notice. Should you have any questions regarding these matters, please contact Natalie Landry at (919) 791-4200. Sic rely, e, Danny S Regional Supervisor Surface Water Protection Section cc: Raleigh RO - Water Quality Raleigh RO - Land Quality John Hennessy, NPS Assistance and Compliance Oversight Unit Water Quality Central Files Monte Mathews, USACOE, 3331 Heritage Trade Drive, Ste105, Wake Forest, NC 27587 Cyndi Karoly, 401 Oversight/Express Review Permitting Unit Patrick Paine, City of Raleigh, 222 West Hargett Street, POB 590, Raleigh, NC 27602 Nicole Thomson, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 Mark Bertoncino, Olde Towne LLC, 5810 Cameo Glass Way, Raleigh, NC 27612 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandE-C.com April 25, 2008 S&EC Project No. 4865.W8 Ms. Natalie Landry NCDENR-DWQ Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 Reference: Olde Towne Mr. Danny Smith NCDENR-DWQ NPS Assistance and Compliance Oversight 1617 Mail Service Center Raleigh, NC 27699-1617 Notice of Continuing Violation and Intent to Enforce Injunctive Relief Response Wake County, NC USACE Action ID SAW-2006-20287-292 NC DWQ Project No. 06-0477, Revised 2 NOV-2008-PC-0272 Dear Ms. Landry and Mr. Smith: As requested in your April 16, 2008 Notice of Continuing Violation and as discussed in previous correspondence on April 3, 2008, Soil & Environmental Consultants, PA (S&EC) has been engaged by Olde Towne, LLC to prepare a Sediment Impact Delineation Report and Clean-up Plan for in-stream sedimentation which has occurred within the referenced project site. In addition, further discussions between S&EC, Olde Towne, LLC, the US Army Corps of Engineers and yourself has led to S&EC preparing this Continuing NOV response. Within the April 16, 2008 Continuing NOV, the following violations were listed and identified: 1. Wetland Standards II. Removal of Best Usage III. Stormwater General Permit (NCG010000) Condition Violation The remainder of this letter will respond to each item individually; the original request will be in italics followed by our response: Documentation depicting all jurisdictional features (e.g. steams, wetlands, and buffers). A description and quantification of the impacts to ALL jurisdictional features and your plans to avoid further stream, wetland, and buffer impacts on the site. Olde Towne Soil & Environmental Consultants, PA April 25, 2008 Project No. 4865.W8 As previously stated in our April 3, 2008 correspondence, the original project application submitted to both the US Army Corps of Engineers (USACE) and the NC Division of Water Quality (NC DWQ) on March 17, 2006 depicted all the. jurisdictional features present on the Olde Towne site. Additionally, all of the proposed impacts were included within the application package that was subsequently approved (USACE Action ID SAW-2006-20287-292, NC DWQ Project No. 06-0477, Revised 2). Our April 3, 2008 correspondence also discussed the un-buffered, unimportant channel (see NBRRO #99-244 from Mr. Steve Mitchell and associated Buffer Delineation Sign-Off map) that was mistakenly relocated in the vicinity of previously approved impacts T-4 and T-5. Due to a misunderstanding as to the status of the stream channel, the applicant thought that no permit was needed to move the channel to its current location. On November 1, 2007, this unauthorized channel relocation was shown to Mr. Monte Matthews (USACE). At that time the applicant also voluntarily suspended all work on the Olde Towne site until a resolution could be proposed and agreed upon with respect to the stream relocation. Subsequent correspondence with both Mr. Matthews and Ms. Fuentes of the NC DWQ discussed the reasons for moving the channel without prior approval as well as the plans to stabilize and restore the stream channel. It should also be noted that as of March 18, 2008, the original approvals for the Olde Towne project expired. It will therefore be necessary for the applicant to reapply for the impacts not completed at this time on the subject site. To this end, S&EC has been engaged by Olde Towne, LLC to prepare and submit a re-authorization application package for the permanent and temporary impacts that were approved in 2006 but have not been completed at this time. This re-authorization application package will also include impact maps that quantify impacts to the un-buffered, intermittent stream channel that was mistakenly relocated as well as justification for allowing it to remain in its current position. As we have previously discussed, we anticipate providing this information to the NC DWQ and the USACE within the next 60 days. 2. Wetland Restoration Plan (sediment impacts) - Sediment impacts to the wetlands on the site must be removed. Asa part of this plan, you should provide the amount (depth) of material that has been deposited in all the wetlands. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the wetland. The sediment should be removed from the pond and the wetland, taken to high ground and stabilized. Also, the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. If additional jurisdictional areas are identified as impacted in the process of completing Item #1, include these in the restoration plan. Page 2 of 3 Olde Towne Soil & Environmental Consultants, PA April 25, 2008 Project No. 4865.W8 S&EC submitted a Revised Sediment Delineation and Clean-up and Stream Stabilization Plan to both the USACE and the NC DWQ for approval and this plan was approved April 15, 2008. 3. Provide a solution to the eroding bank of the relocated stream in the vicinity of the stormwater pond. Stabilize the stream bank to protect the stormwater pond. This was addressed in the plan approved April 15, 2008. 4. Explain in your response when you anticipate being in full compliance with the approved Erosion and Sedimentation Control Plan. The site is currently in full compliance with the approved Erosion and Sedimentation Control Plan. All of the items noted in the April 12, 2008 City of Raleigh Non- Compliance Inspection report and the April 16, 2008 Sediment and Erosion Control Notice of Violation have been addressed. We anticipate a follow up inspection by the City of Raleigh to formerly document compliance with the approved Erosion and Sedimentation Control Plan. We anticipate that this addresses all of the DWQ's concerns. If you have any further questions or any additional explanation is needed, please don't hesitate to call. Sincerely, f Lole o m on Regulatory Specialist Cc: Mr. Monte Matthews, USACE, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 Ms. Cyndi Karoly, DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 Mr. Rocky Keim, Olde Towne, LLC, 387 Medina Road, Suite 600, Medina, OH 44256 Mr. Patrick Paine, City of Raleigh, PO Box 590, Raleigh, NC 27602 Page 3 of 3 April 15, 2008 S&EC Project No. 4865.D1 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com Mr. Mark Bertoncino Olde Towne Company, LLC 5810 Cameo Glass Way Raleigh, NC 27612 Reference: Olde Towne Subdivision REVISED Sediment Impact Delineation Report, Clean-up, and Stabilization Plan Wake County, NC DWQ Project No. 06-0447 Dear Mr. Bertoncino: Soil & Environmental Consultants, PA (S&EC) has been engaged by Olde Towne Company, LLC to prepare a Sediment Impact Delineation Report and Clean-up Plan for wetlands and open water (pond) sediment impacts which occurred within the referenced project site as well as a stabilization plan for the impacted stream in Impact Area 1 to prevent further erosion and sedimentation. These actions are in response to observations made by the Division of Water Quality (DWQ) and United States Army Corps of Engineers (USACE) as sited in the Notice of Violations dated March 7, 2008 and April 14, 2008, and the Cease and Desist Letter (Action ID #200620287) dated November 2, 2007. The purpose of this letter is to summarize our findings regarding sediment deposition that has occurred onsite and describe in detail our plan for its clean-up and proper disposal as well as stream stabilization in Impact Area 1. Site Description The project site, a proposed subdivision and golf course of approximately 547 acres, is located east of Highway 440, along New Hope Road, between Poole Road and Rock Quarry Road in the City of Raleigh in Wake County, North Carolina. A vicinity map is provided in Figure 1. Olde Towne Subdivision Soil & Environmental Consultants, PA Field Efforts and Onsite Observations April 15, 2008 Project No. 4865.D1 Our observations and evaluations were focused on sediment clean-up deposition with in a portion of previously delineated site wetlands and an open water pond. These areas were impacted by sedimentation from site grading operations of upland areas. S&EC performed an onsite inspection on March 21, 2008, and again on April 14, 2008. While onsite we observed the characteristics of the site (including current grading and stabilization operations), the surrounding area, verified surface and channel flow conditions, observed wetland and open water sediment deposition, and observed existing property boundaries, utilities, water conveyance structures, and existing erosion and sediment control measures. During our site visits, the impacted areas were traversed and the extent and severity of the impacts was observed. While onsite, we identified, delineated (with sequentially lettered and numbered flags), and GPS located the approximate boundaries of the flagged sediment impacts. From our site observations, sediment appears to have entered the impacted wetlands and pond by the following primary means: 1) from streambank erosion of the impacted stream channel, 2) at various locations onsite where existing Erosion and Sedimentation (E&S) devices were overwhelmed, and 3) a lack of outlet protection. A total of 0.92 acres (39,876 square feet) of wetlands and 0.11 acres (4,780 square feet) of the pond were impacted by the deposition of sediment. This deposition varied from a skim layer up to thicknesses of approximately fifteen (15) inches. Areas of sediment accumulation in the wetlands and pond were flagged in the field and are shown on the attached site maps (Sheets 1 through 4). Photos representative of our observations are also provided for reference. Approximately 30 feet of the impacted stream is currently experiencing accelerated erosion and is proposed for slight relocation and stabilization as shown on Sheet 2. Observed Sediment De osp ition Sediment deposition observed onsite varies considerably within the wetlands and open water pond. For ease of evaluations we have divided observed sediment impacts into one of three categories: Category 1 (within the wetland area) - Sediment deposition in excess of approximately two (2) inches in thickness which will require removal and proper disposal. Category 2 (within the wetland area) - Sediment deposition less than approximately two (2) inches in thickness which will remain in place. Category 3 (within the pond) - Open water sediment deposition varying from two (2) to in excess of fifteen (15) inches in thickness which will require removal. NOTE: Based on experience with similar sediment deposition and subsequent Page 2 of 6 Olde Towne Subdivision Soil & Environmental Consultants, PA April 15, 2008 Project No. 4865.1) 1 clean-up operations, it is our opinion that deposition layers less than approximately two (2) inches in thickness should remain in place. Clean-up of thin layers can result in damage to the underlying soils which will exceed the temporary nature of localized thin layered deposition. These impacted areas have been identified on the attached maps (Sheets 1 through 4). Proposed Clean-up Operations This clean-up plan has been prepared for the sole purpose of providing a systematic approach to remove and/or stabilize in place sediment deposited into the wetland and open water pond. Based on our site observations and experience with similar projects, S&EC proposes the following steps be performed to remove the existing sediment impacts onsite and reduce the potential for future sediment impacts: Step 1 Repair as necessary and augment existing site Erosion and Sediment (E&S) control measures including silt fence, existing sediment traps, sediment basins, and temporary stabilization measures. All additional US control measures and repairs should be performed / installed in accordance with NCDENR approved standards and the approved Erosion and Sediment Control Plan (by others). Temporary and permanent seeding measures should be applied at the earliest opportunity across exposed (non-actively graded) portions of the site. All existing and new E&S devices should be inspected and cleaned out (sediment removed from upstream of the devices) as required. Typically the frequency of inspection is weekly, and after each rainfall event of 0.5 inches (or greater). Steu 2 To the extent, required by DWQ, manually remove excess sediment in the wetlands (Category 1) as identified on the plan sheets. Sediment will be excavated to a depth that reaches the approximate natural grade (as determined by S&EC personnel). All wetland excavation will be performed by hand. Excavation will be performed with manual labor using shovels (flat head or "sharp shooter") and 5 gallon buckets. Caution will be applied so as not to disturb the original wetland surface. Existing easements or site trails and roads will be used for vehicular and mechanized equipment access to assist in mass sediment removal. Where heavy equipment is used every effort will be made to reduce the impact to the existing vegetation. No thinning or clearing of vegetation will be performed. Delineated wetland areas will not be trafficked with motorized equipment to perform clean-up Page 3 of 6 Olde Towne Subdivision Soil & Environmental Consultants, PA operations. April 15, 2008 Project No. 4865.D 1 Recovered sediment will be transported away from any channel, wetland, or ponds and disposed of properly (in accordance with State and local regulations). Step 3 To the extent, required by DWQ, manually remove excess sediment in the open water pond (Category 3) as identified on the plan sheets. Sediment will be excavated to a depth that reaches the approximate original pond bed (as determined by S&EC personnel). Based on the estimated volume of sediment accumulated, impacted areas within the open water pond will require mechanized equipment to perform clean-up operations. Prior to excavation, the pond water surface should be lowered (through pumping, siphon, or other means) to a depth which will reasonably expose the deposited sediment. Excavated material shall not be double handled within the pond or pond bed. Caution shall be applied so as not to disturb the original pond bed. Where heavy equipment is used every effort will be made to reduce the impact to the existing vegetation. Recovered sediment will be transported away from any channel, wetland, or ponds and disposed of properly (in accordance with State and local regulations). Step 4 Impacted wetland areas onsite will be seeded with a native wetland seed mix following clean-up. The seed mix should include a minimum of four species with a wetland indicator status of FAC, FACW or OBL. Species may include but are not limited to: • Virginia Wild Rye (Elymus virginicus) • Soft Rush (Juncus effusus) • Sedge (Carex lurida, lupulina, or vulpinoidea) • Woolgrass (Scirpus cyperinus) • Cardinal Flower (Lobelia cardinalis) • Lizard's Tail (Saururus cernuus) Acceptable wetland seed mixes are commercially available that include many more species and are designed for specific site situations. Preference should be given to southeastern seed sources and/or NC ecotype seeds in order to ensure seeds are adapted to the local climate. Seed should be applied at a rate of 15 pounds per acre (or as directed by the seed supplier) and covered with light straw mulch. Page 4 of 6 Olde Towne Subdivision Soil & Environmental Consultants, PA Proposed Stabilization Operations April 15, 2008 Project No. 4865.D1 The impacted stream will be temporarily relocated approximately 12 feet away from the toe of slope of the existing stormwater pond embankment. The channel in this section will be regraded to a more appropriate dimension. Rock toe protection will be placed on the right bank of the stream (left and right are referenced while looking downstream) in the section closest to the embankment. A boulder sill will be placed in the channel at the channel invert elevation to prevent future headcuts. The exact extent and location of the rock toe protection and sill will be determined by the engineer at the time of Construction. All disturbed areas will be seeded and mulched, the streambanks will be lined with coir matting, and any other disturbed slope steeper than 311: IV will be lined with erosion control matting. If there is flow in the channel during construction, a temporary coffer dam above the proposed work and a temporary check dam below the proposed work will be used to protect the downstream wetlands from sedimentation. Only the amount of channel that can be stabilized in one day will be disturbed. A plan view of the proposed stabilization is shown on Sheet 2 and details of the boulder structures and E&S controls are shown on Sheets 5 and 6. Clean-up and stabilization operations will be performed under the direct supervision of an individual with a thorough understanding of the purpose and the delicate manner in which manual methods should be performed. We understand that Olde Towne Company, LLC will engage S&EC to provide periodic onsite observation of sediment clean-up operations and provide guidance to the clean-up and stabilization contractor based on experience and site conditions at that time. Implementation Schedule Clean-up and stabilization work should be executed immediately following the review and approval of this plan by USACE and DWQ. Based on experience with similar projects, we anticipate the clean-up work can be completed (barring any inclement weather) within 30 days of the approval of this plan. Stream stabilization work will begin immediately (baring any inclement weather) upon approval of the stabilization methods. A notification should be submitted to DWQ and USACE following the completion of site work. Please contact me if you have any questions or comments regarding these recommendations. Sincerely, SOIL &1 Rebecca S. Peterson, P N.C. License No. 0312 TANTS,PA ESSjp- SE22AL r z Page 5 of 6 Olde Towne Subdivision April 15, 2008 Soil & Environmental Consultants, PA Project No. 4865.D1 Attachments: Figure 1- Vicinity Map Site Maps - (Sheets 1 through 6) Site Photos (1 through 14) Cc: Ms. Cyndi Karoly, DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 Mr. Ian McMillan, DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 Mr. Monte Matthews, USACE, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 Ms. Vicki Fuentes, DWQ, 3800 Barrett Drive, Raleigh, NC 27609 Ms. Natalie Landry, DWQ, 3800 Barrett Drive, Raleigh, NC 27609 Mr. Patrick Paine, City of Raleigh, PO Box 590, Raleigh, NC 27602 Page 6 of 6 Sediment Impact Photos Photo 1-Impact Area 1-Category 1 Impacts in Foreground, Category 2 Impacts in Background, Looking Northeast i a1 > " z t ! St ?, p ., 1 J .' "' i r,•w' • k i • S u ??i r ?? 1..1 . j ?f? ?`n r`l li.: 1 /? .?'/ A/ ? ?'•` / ?' -..? ?? ?,f ?` 1? d /?? •v ?? a Jr'. ?..r I I I ?-'7Yt? ?`?? ? " ? ' ? ?? 19rb'il ? ?? ?}? i ` ? ? ? _ ? ?,, .? )+ T I ? s > { 1 i v d N ? 1 1 i- ! i ? ? J e• ? ? ? ° °1 ? ? ' ? ?1 «?r . 1b,. "1 ?`??~."? 1 - C'• i µ;' :? 1'4 S1 'il 1 +`t\ ?/? 1F'4 ,4 , 1???? w ' t`lrti . • ? ?? s ??a ...wc. ? ?,. y,0. 4... •q.i r ? )h 1•y: ti???"1? , i v t.. +?.,R - F' ',:.y y a 4 dr \ ' ^+ { fi `T -r ) 1 ).. 't \ ,¢ Photo 2-Impact Area 1-Category 1 Impact Area (rrypical), Heavy Deposition Typically Excess of 2-inches in Thickness Olde Town Subdivision-Sediment Clean-up Plan Soil & Environmental Consultants, PA April 2008 S&EC Job # 4865.D1 Sediment Impact Photos k Photo 3-Impact Area 1-Category 1 Impacts (Typical), Heavy Deposition Typically in Excess of 2-inches, Consisting of Silt, Sands, and Gravel Over Wetland Surface (Hydric Soils) Photo 4-Impact Area 1-Category 2 Impacts (Typical), Looking Southwest Olde Town Subdivision-Sediment Clean-up Plan Soil & Environmental Consultants, PA April 2008 S&EC Job # 4865.13 1 Sediment Impact Photos Photo 5-Impact Area I-Category 2 Impacts (Typical), Thin Layered Deposition Typically Less Than 2-inches in Thickness T } I wk 7 1 Photo 6-Impact Area 1-Category 2 Impacts (Typical), Thinly Layered Deposition Typically Less Than 2-inches, Consisting of Silt and Fine Sands Over Wetted Surface (Hydric Soils) Olde Town Subdivision-Sediment Clean-up Plan Soil & Environmental Consultants, PA April 2008 S&EC Job # 4865.D1 Sediment Impact Photos 1 ' I't e? a Photo 7-Impact Area 2-Sediment Area C-Category 3 Impacts- Y Photo 8-Impact Area 2-Sediment Area D-Category 3 Impacts- Along North Edge of Water, Looping East Olde Town Subdivision-Sediment Clean-up Plan Soil & Environmental Consultants, PA April 2008 S&EC Job # 4865.131 Sediment Impact Photos ,?? ?Y..-w?1ef?? a^,:. ?+?Y.*`a?-„' Y„?. 't a?'??'di? ?t ,A,•. ?+M ? l , M•7?'9'71 l'(, ?? _I vff?i?i + ?1,? It ? t ill 'k J ,? 1 i • ? t k1 I Photo 9-Impact Area 2-Sediment Area E-Category 3 Impacts- Along North Edge of Water, Looking East Photo 10-Impact Area 2-Sediment Area F-Category 3 Impacts- Along North Edge of Water, Looking East Olde Town Subdivision-Sediment Clean-up Plan Soil & Environmental Consultants, PA April 2008 S&EC Job 4 4865.1) 1 Sediment Impact Photos Photo 11-Impact Area 2-Sediment Area G-Category 3 Impacts- a ( d 1f ??. a?rN ";3 r4 ;+? ?+? t ;. M7 9;FM11 yt i 7 i Photo 12-Impact Area 3-Category 1 Impact Area (Typical), Heavy Deposition Typically Excess of 2-inches in Thickness Olde Town Subdivision--Sediment Clean-up Plan Soil & Environmental Consultants, PA April 2008 S&EC Job # 4865.1) 1 Sediment Impact Photos r11OLU 1.3-trnpaCC Area ?-category t impact Area (Typical), heavy Deposition Typically Excess of 2-inches in Thickness Photo 14-Impact Area 3-Category 2 Impacts (Typical), Looking Southwest Olde Town Subdivision-Sediment Clean-up Plan Soil & Environmental Consultants, PA April 2008 S&EC Job # 4865.D1 DRAWINGS PRINTED AT HALF- SCALE 40 NORTH SCALE I " = 250' 250 125 0 2 0 0 2008 Sod Existing Site Entrance Exl5ting Power Lines PA. IMPACT AREA 2 Exl5ting Open-Water Pond EXISTING STREAM CHANNEL UTILITY LINES PARCELS RN WETLAND BOUNDARIES APPROX. SEDIMENT BOUNDARIES NOTES: 1. SITE DATA INCLUDING ROADS, STREAMS, UTILITIES, AND CHANNEL IMPACTS PROVIDED BY WITHERS * RAVENEL, INC. Of CARY, NC 2. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL SITE FEATURES ARE APPROXIMATE. 3. SEDIMENT IMPACTS FLAGGED AND GPS DATA COLLECTED ON MARCH 21, 2008 AND APRIL 14, 2008, BY StEC. ALL j LOCATIONS ARE APPROXIMATE. OVERALL 51TE PLAN ? INDEX 5M EET U- '0 ZZ ? ? W o n- >0 w co z ]J ? y Nm ..? z wQ z o U w of U 3n0 ?a aR a ?m a? yyU,, U d x B Os e N 0 D ID AWI N G5 PRINTED AT h ALf - SCALE EXISTING STREAM CHANNEL UTILITY LINES CATEGORY I ® SEDIMENT IMPACTS CATEGORY 2 SEDIMENT IMPACTS ® WETLAND BOUNDARIES PARCELS STABILIZED ?l. STREAM CHANNEL ?D D C? D rn D NORTH SCALE 1" = 25' 25 1 2.5 O 25 rO..fb ?O O, O ?OA-JO Oi0 C A.. "0 0/0 0 /0 A O? 011, O f Stabilized Stream Channel Boulder 5111-? Impacted Stream Channel Existing Undl5turbed Stream Channel NOTES: I . 51TE DATA INCLUDING ROADS, STREAMS, UTILITIES, AND CHANNEL IMPACTS PROVIDED BY WITHERS * RAVENEL, INC. OF CARY, NC 2. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL 51TE FEATURES ARE APPROXIMATE. 3. 5EDIMENT IMPACTS FLAGGED AND GP5 DATA COLLECTED ON MARCH 2 I , 2008, BY 5*EC. ALL LOCATIONS ARE APPROXIMATE. 4. CATEGORY I BOUNDARY MARKED WITH SEQUENTIALLY NUMBERED PIN FLAG5 (#X I -X 17) 5. CATEGORY 2 BOUNDARY MARKED WITH SEQUENTIALLY NUMBERED PIN FLAGS (#A I -A2G AND L31 -828) G. STABILIZED STREAM AND BOULDER STRUCTURES ARE APPROXIMATE AND MAY BE MODIFIED DURING CONSTRUCTION df PHOTO POINTS QZQ-.D ROCK TOE PROTECTION O "O O.r ? O : /O .O ,r J Lr0 C??'O O'' r-01+ ?O O) rr foe of Slope of" 5tormwater Pond r Embankment r' Category / (within the wetland area) - Sediment dep051tion in excess of approximately two (2) Inches in thlckne55 which will reclulre removal and proper d15p05al. Category 2 (within the wetland area) - 5edlment deposition 1655 than approximately two (2) Inches in thlckne55 which will remain in place. OLDS TOWNS SUBDIVISION 4 .o l N r;m CLEAN-UP * 5TABILIATION PLAN rod, or Location: lent: ca e: Soll & Environmental Consultants, PA ?P NM! 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 946-9467 WAKP COUNTY, NC OLDS TOWNE COMPANY, U.C I" = 2 e .SaadEC.mn Sheet Title: Sheet No.: IMPACT AREA 1 2 OF G DRAWI NG? PRINTED AT HALF- .KCAL E Q0 NORTH 5CALE 1 30' 30 15 0 15 EX15ting Dam NOTE5: 1. SITE DATA INCLUDING ROADS, STREAMS, UTILITIES, AND CHANNEL IMPACTS PROVIDED BY WITHERS * RAVENEL, INC. OF CARY, NC 2. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL SITE FEATURES ARE APPROXIMATE. 3. SEDIMENT IMPACTS FLAGGED AND GPS DATA COLLECTED ON MARCH 21, 2008, BY 5?EC. ALL LOCATIONS ARE APPROXIMATE. 4. CATEGORY 3 BOUNDARIES MARKED WITH SEQUENTIALLY NUMBERED PIN FLAGS (#C I -C 1 1, D I -D3, E I -E3, F I -FG, G I -G3) °1® 2008 Sod t Enoronmental EX15ting Open Water Pond IMPACT AREA 2 Iment Area E Mk Iment Area D Inflow Channel Location (approx.) Iment Area C Category 3 (wrthln the pond - Open water 5edlment depo5ltlon varying from two (2) to in exce55 of fifteen (15) Inches In thlckne55 which will require removal. b 0 -z „m z g? 0? >o m Q ? J () to 'F Q W? G 3N o 0"'." z ?D a P v qR ?m P OY U? N Vi i ?y N ?a 0°s EXISTING ,-,T? CATEGORY 3 STREAM CHANNEL 'tom SEDIMENT IMPACTS UTILITY LINES od PHOTO POINTS echment Area f ID DRAWINGS PRINTED AT HALF- SCALE NORTH SCALE 1 25' 25 12.5 O 25 0 Ex15tlnq 0 51lt fence -? l 1 /-o rn 03 V 0 ?4_ P 1 NOTES: I . 51TE DATA INCLUDING ROADS, STREAMS, UTILITIES, AND CHANN'=-I_ IMPACTS PROVIDED BY WITHERS * RAVENEL, INC. Or CARY, NC 2. LOCATION5, ELEVATIONS, AND DIMENSIONS OF ALL SITE FEATURES ARE APPROXIMATE. 3. SEDIMENT IMPACTS FLAGGED AND GP5 DATA COLLECTED ON APRIL 14, 2005,13Y 5*EC. ALL LOCATIONS ARE APPROXIMATE. 4. CATEGORY I BOUNDARY MARKED WITH SEQUENTIALLY NUMBERED PIN FLAG5 (#YI-Y20) 5. CATEGORY 2 BOUNDARY MARKED WITH SEQUENTIALLY NUMBERED PIN FLAGS (#J I - J23) ® WETLAND BOUNDARIES PARCEL5 PHOTO POINTS End of EX15tlncj RCP ExI5tlncg 5tormwater Wetland 51-DE TOWNE 5UBDIV1510N ° 46G50 1 CLEAN-UP t- 5TABILIATION PLAN rod. Mgr.: yawn: • Soil & Environmental Consultants, PA Location: lChent; ca e r NMM 11010 Raven Ridge Rmd • Raleigh, Nanh C=oin 27614 - Phwe: (919) 846-5900 • Fez: (919) 846.9467 WAKE COUNTf, NC OLDS TOWNS COMPANY, LLC I • = 25' ? a SwdEC com Sheet Title: Sheet No.: IMPACT AREA 3 40f G I` 0 110 :.A Y ,0 Q EXISTING STREAM CHANNEL P?l UTILITY LINE5 Category / (within the wetland area) - Sediment deposition in excess of approximately two (2) Inches In thlckne55 which will require removal and proper d15p05al. Category 2 (within the wetland area) - 5edlment dCP051tion IC55 than approximately two (2) Inches In thlckne55 which will remain in place. ® CATEGORY I SEDIMENT IMPACTS 10 CATEGORY 2 SEDIMENT IMPACT5 BACKFIU EX15TING CHANI Flow EXTEND SILL BEYOND BANK AS DIRECTED BY ENGINE - d ER AT TIME OF CONSTRUC O Lr GEOTEXiILE TI N FABRIC SILL ROC slu APPROXIMA ROCK BOULDE FOOTER DIMEN51ON ROCK 3'XZ'X PROFILE BOULDER SILL (NOT TO SCALE) 2' TYPICAL PLAN TOP ELEVATION OF 5A5EFLOW 0.5'-P 857 WASHED 1 MAX. w STONE 1i EXISTING SLOPE NOTES: G`'= 1. HEIGHT* WIDTH DETERMINED BY EXISTING CLA55 I RIP RAP \ FILTER FABRIC TOPOGRAPHY AND SEDIMENT STORAGE REQUIRED. VARIES 2. KEY RIP RAP INTO THE DAM FOR STABILIZATION. SECTION VIEW IXISTING SLOPES ryl_:15n ' VARIES L KEYED RIP RAP - 857 WASHED STONE PROFILE VIEW TEMPORARY CHECK DAM BACKFILL ACCORDING lv ZH TOE STABILIZATION BOULDERS TO TECHNICAL SPECIFICATIONS ., ona fob oa GEOTEXTIIE EXISTING ERODED AND FAILED IX15TING FABRIC CHANNEL BANK 9YP.) CHANNEL BED OVER EXCAVATE L005E MATERIALS FOOTER ROCKS )TER ROCK AT TOE AND BACKFILL WITH COARSE (BED) MATERIAL NON-WOVEN GEOTEXTILE CASING MAINTENANCE: TOE STABILIZATION TO BE INSPECTED WEEKLY AND AFTER A MAJOR RAINFALL EVENT (> 0.5 INCHES) FOR THE DURATION OF CONSTRUCTION. PROMPTLY MAKE ANY NECESSARY REPAIRS. TOE 5TABILIZATION DETAIL (NOT TO SCALE) TOP ELEVATION OF BA5EFLOW CL A55 I RIP RAP - EXI5TING SLOPE NOTES: 1. HEIGHT # WIDTH DETERMINED BY EXISTING TOPOGRAPHY AND SEDIMENT STORAGE REQUIRED. 2. KEY RIP RAP INTO THE DAM FOP, STABILIZATION. SECTION VIEW EX15TING SLOPES VARJE5 IMPERVIOUS TARP COMPACTED EARTH CORE MAX. I Y FILTER FABRIC G It KEYED RIP RAP 11„T 857 WASHED STONE PROFILE VIEW IMPERVIOUS COFFERDAM o1 (NOT TO SCALE) (NOT TO SCALE) a r 0 2008 Soil # EnSAronmental Consultants, PA. BOULDER 5T RU CT U RE * E R0 510 N CONTROL D ETA I L5 I U Q U Z g? 0(L NZ ?Q > 0 mQ u ?0 ?J J in m ^ ?iov wF Nz po C) J z Lu 00 9Z .. snip ow 1y„ w a? wa a U? N e? ?a 1-- z = 114- R0 0 1 TEMPORARY SEEDING SPECIFICATIONS GENERAL AREAS WHERE NO SUBSTANTIAL OR SIGNIFICANT PROGRE5515 MADE FOR MORE THAN 14 DAYS SHOULD BE TEMPORARILY SEEDED AS FOLLOWS. ALL AREAS SHOULD BE SEEDED AND MULCHED. INCIDENTAL GRADING SHALL NOT CONSTITUTE SUBSTANTIAL OR SIGNIFICANT PROGRESS IN CONSTRUCTION ACTIVITY. SEEDING AND MULCHING SHALL BE DONE IMMEDIATELY FOLLOWING CONSTRUCTION. ALL DISTURBED AREAS SHALL BE DRESSED TO A DEPTH OF 8 INCHES. THE TOP 3 INCHES SHALL BE PULVERIZED TO PROVIDE A UNIFORM SEEDBED. MULCH MULCHING SHALL CON515TE OF SMALL GRAIN STRAW APPLIED AT A RATE OF 70 L55./1000 5G. FT. NO ASPHALT SHAM BE USED FOR TACKING. USE JUTE, EXCELSIOR MATTING OR SIMILAR MATERIAL TO COVER EXPOSED AREAS OF CONCENTRATED FLOW. Al LAev 12' ECO-STAKE® ECO-STAKE® s TRENCHED TOP OF MATTING TO A DEPTH OF AT SEEDING LEAST 12", STAKE OR STAPLE IN PLACE, 413ACKFILL SEEDING DATES SEEDING SPECIES RATE (U35/ACRE) TO DESIGN GRADE MAY I - AUG. 15 GERMAN MILLET 10 a MINIMUM 24" ECO-5TAKE5 0 INSTALLED ALONG TOE OF MATTING AUG. 15 - MAY I RYE (GRAIN) 30 (Intercept between water Surface and bank) MAINTENANCE INSPECT AND REPAIR MULCH FREQUENTLY. REFERTILIZE AND RESEED AS REQUIRED TO MAINTAIN VIGOROUS TEMPORARY VEGETATIVE COVER DURING CONSTRUCTION. MIN. 10 GAUGE LINE WIRES Soil E Environmental BANKFULL BENCH WIRE STAPLES EROSION CONTROL MATTING NO. I I I' MIN. GAUGE STEEL --T G" MIN. EROSION CONTROL MATTING ANCHORING DETAIL (NOT TO SCALE) ER0510N CONTROL DETAI L511 WIRE STAPLE DETAIL (NOT TO SCALE) g? 0Z U tj O f- " O ?a ? J ..f M Z Fa y 3N- 0 0= z w 0 I N U 3 414 F. al a M a V? z ?R 0a S ?o MIN. 12-1/2 GAUGE INTERMEDIATE WIRES R CO b fV PROFILE VIEW T WIRE FABRIC ICE FABRIC d. COVER SKIRT ANCHOR SKIRT AS DIRECTED BY ENGINEER1DE51GNER STANDARD TEMPORARY SILT FENCE DETAIL (NOT TO SCALE) 24" INK.. FRONT VIEW MINIMUM 2' CENTERS ALONG BOTTOM MINIMUM P OVERLAP AT JOINING SECTIONS OF COIR MATTING COIR MATTING DETAIL (NOT TO SCALE) CO-STA 0 • 12' ECO-5TAKE50 INSTALLED IN BANK FLUSH WITH COIR MATTING ABOVE BOTTOM ROW OF 24" ECO-STAKES • ECO-STAKES® SPACED AT MAXIMUM 3' CENTERS (APPROX.) EROSION CONTROL MATTING, ANCHOR IN TRENCH Q BOTH TOP AND BOTTOM EDGES c,InF 1/IFIA/ FRONT VIEW OF W ATF \O? 9QG Michael F. Easley, Governor William G. Ross Jr., Secretary . North Carolina Department of Environment and Natural Resources 0 Coleen H. Sullins, Director Division of Water Quality April 15, 2008 Olde Towne, LLC Attn: Mr. Mark Bertoncino 5 Cameo Glass Way Raleigh, NC 27612 Subject: DWQ Review of Olde Towne Subdivision Revised Sediment Impact Delineation Report, Clean-up and Stabilization Plan NOV-2008-PC-0158, Wake County Dear Mr. Bertoncino: On April 15, 2008, the Raleigh Regional Office of the N. C. Division of Water Quality received a Revised Sediment Impact Delineation Report, Clean-up and Stabilization Plan developed by Soil & Environmental Consultants, PA for the Olde Towne Subdivision. The Plan is satisfactory with the following additions. 1. Regarding removal of sediment from the open water pond, stabilize any land area disturbed by mechanized equipment following completion of the sediment removal. 2. DWQ requests that Rebecca Peterson, P.E. be present at the site during the construction of the rock toe protection and sill and periodically throughout the restoration and stabilization activities. 3. DWQ requests copies of recent documentation issued by the Army Corps of Engineers for Olde Towne. 4. DWQ requests a report within 30 days of completion of the Plan activities that includes descriptive text of the completed activities and photos of restored and stabilized areas. Should you have any questions regarding these matters, please contact Natalie Landry at/ (919) 791-4200. Sincere y, r ?- anny Smith Regional Supervisor Surface Water Protection Section cc: Raleigh RO - Water Quality Raleigh RO - Land Quality John Hennessy, NPS Assistance and Compliance Oversight Unit Water Quality Central Files Monte Mathews, USACOE, 3331 Heritage Trade Drive, Ste105, Wake Forest, NC 27587 Cyndi Karoly, 401 Oversight/Express Review Permitting Unit Patrick Paine, City of Raleigh, 222 West Hargett Street, POB 590, Raleigh, NC 27602 Nicole Thomson, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 Rebecca Peterson, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 01 N O ° DRAWINGS PRINTED a rn AT HALF- SCALE 0 3 cr, n Original Wetland (1 , 294 ft2) D O z FIR Original Stream U (680 ft2) C Proposed Restored Stream (686.8 ft2) 70 rn -?P- Exlsting Utilities rn z Utility Easement 70 rn U) i O O z NOTES: F-- I I . SITE DATA INCLUDING ROADS, STREAMS, UTILITIES, AND CHANNEL z IMPACTS PROVIDED BY WITHERS ? KAVENEL, INC. OF CARY, NC 2. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL SITE FEATURES ARE APPROXIMATE. 3. PROPOSED STREAM AND WETLAND RESTORATION 15 CONCEPTUAL AND MAY DIFFER FROM FINAL DESIGN. 4. FINAL STREAM RESTORATION WILL BE DESIGNED USING NATURAL CHANNEL DESIGN. BOULDER STRUCTURES AND BANK VEGETATION WILL BE INCORPORATED FOR STABILITY AND AQUATIC HABITAT. 5. WETLAND WILL BE MICKOTOPOGRAPHICALLY GRADED, SEEDED WITH A WETLAND SEED MIX, AND PLANTED WITH APPROPRIATE WOODY VEGETATION. G. A LEVEE OF SUFFICIENT HEIGHT AND WIDTH WILL BE CONSTRUCTED BETWEEN THE RESTORED STREAM AND EXISTING WETLAND TO PROVIDE BANK STABILITY. i r i r r 0 NORTH SCALE I " = 20' 20 10 0 20 -Proposed Restored r r r Wetland (1 ,733.2 ft2) f ? W i r r r i r r r r r i i r i r r r r i r i y i r r r i r r Existing Wetland .,7Z Existing Sewer v'ULDE TOWNE SUBDIVISION aa6s.ol CLEAN-UF * STABILIATION PLAN Pr Mgr. raven: Location Client: Scale: • Soil & Environmental Consultants, PA Re: NMM WAKE COUNTY, NI OLDS TOWNS COMPANY, LLC " 20' 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 Sheet w .SandEC.com Sheet Title: CONCEPTUAL STREAM No.; : WETLAND RESTORATION PLAN I OF I (Footprint Approximate) ow e i 6 4 0 0 U 0 L -- J ti 4 S 110 a 11, I / Ulu HE o B8 ` LID 0 - e% UM OR771 1 c), d 0 0 o - I a., nevnron you Oeaigner Scale -- ?, W&R AS NOTED Ore" By Date OLDE TOWNE WITHERS & RAVENEL RTO D6/03/0 OVERALL SITE PLAN ENGINEERS 1 PLANNERS I SURVEYORS 1 of 16 Cheeked By Job No. 111 MacKenen Drive Cary. NDrth Caroline 27511 RTO 02090162.0 CITY Of RALEIGH WAKE COUNTY NORTH CAROLINA tel: 919-469-3340 www.witheraravenel.com fax: 919-467-6DOR DCDLIALICAIT 11ADA(1TC NEW IMPACT OLD IMPACT SHEET NO. NEW WETLAND IMPACT (SF) MITIGABLE CHANNEL IMPACT (SF) UN-MITIGABLE CHANNEL IMPACT (SF) MITIGABLE CHANNEL IMPACT (LF) UN-MITIGABLE CHANNEL IMPACT (LF) BUFFER IMPACT ZONE 1 (SF) BUFFER IMPACT 2 ZONE (SF) BUFFER IMPACT TOTAL (SF) REASON FOR IMPACT P-1 P-1 3 8670 0 0 0 0 0 0 0 PUBLIC STREET "A" X-ING P-2 P-8 6 0 0 0 0 0 1500 820 2320 BRIDGE PILINGS (GOLF) / IRRIGATION P-3* P-2 6 50 0 0 0 0 2890 3290 6180 BRIDGE PILINGS (STREET K) P-4* P-10 7 0 0 0 0 0 1350 1045 2395 EX XING TO BE CONVERTED TO CART PATH P-5 P-11 8 0 0 0 0 0 1235 825 2060 GOLF CART CROSSING / IRRIGATION P-6 P-13 9 0 0 0 0 0 1305 865 2170 GOLF CART CROSSING / IRRIGATION P-7 P-3 9 0 257 0 150 0 7910 6310 14220 PUBLIC STREET "BB" X-ING P-8* P-17 10 706 0 0 0 0 0 0 0 PUBLIC STREET "Or' X-ING P-9 P-15 11 0 0 200 0 49 0 0 0 PUBLIC STREET "LL" X-ING P-10* P-4 12 4310 0 0 0 0 0 720 720 PUBLIC STREET "A EAST" X-ING P-11 P-5 13 0 629 0 150 0 8525 5875 14400 PUBLIC STREET "A EAST' X-ING P-12 P-6 14 3650 0 0 0 0 0 0 0 PRNATE STREET X-ING P-13 P-7 16 2570 0 0 0 0 0 0 0 LOT FILL-REC CENTER TOTALS: 19956 (0.4581 AC) 886 200 300 49 24715 19750 44465 TOTAL JURISDICTIONAL WETLAND IMPACT (SF): 21722 TOTAL CHANNEL IMPACT (LF): 300 * REVISED IMPACT x* NEW IMPACT OLD IMPACTS P-9, P12, P14, P-16 HAVE BEEN ELIMINATED TEMPORARY IMPACTS TEMPORARY IMPACT NEW # TEMPORARY IMPACT OLD # HEET NO. TEMPORARY WETLAND IMPACT (SF) TEMPORARY MITIGABLE CHANNEL IMPACT (SF) TEMPORARY UN-MITIGABLE CHANNEL IMPACT (SF) TEMPORARY MITIGABLE CHANNEL IMPACT (LF) TEMPORARY UN-MITIGABLE CHANNEL IMPACT (LF) TEMPORARY BUFFER IMPACT ZONE 1 (SF) TEMPORARY BUFFER IMPACT ZONE 2 (SF) BUFFER IMPACT TOTAL (SF) EASON FOR TEMPORARY IMPACT T-1 T-9 3 4515 0 0 0 0 0 0 0 UTILITY X-ING - STORM T-2* T-3 3 95 0 0 0 0 0 0 0 UTILITY X-ING - SANITARY T-3* T-4 & T-5 3 0 0 260 0 115 0 0 0 UTILITY X-ING - SANITARY T-4** N/A 4 1294 0 0 0 0 0 0 0 GOLF COURSE FILL T-5x T-6 5 3240 66 0 30 0 1820 1225 3045 UTILITY X-ING - SANITARY T-6 T-7 6 4065 106 0 31 0 2335 1515 3850 UTILITY X-ING - SANITARY T-7 T-8 8 0 155 0 32 0 1870 1240 3110 UTILITY X-ING - SANITARY T-8 T-12 7 0 0 0 0 0 1090 620 1710 SWA #13 OUTFALL T-9 T-13 7 0 0 0 D 0 925 610 1535 SWA #14 OUTFALL T-10 T-14 13 0 0 0 0 0 1000 615 1615 SWA #1 OUTFALL T-11 T-15 13 0 0 0 0 0 925 610 1535 SWA #2 OUTFALL T-12 T-10 15 0 0 0 D 0 925 615 1540 SWA #6 OUTFALL T-13 T-1 15 0 192 0 31 0 1815 1220 3035 UTILITY X-ING - SANITARY T-14 T-11 15 0 0 0 D 0 985 615 1600 SWA #7 OUTFALL T-15** N/A 6 1455 63 D 20 0 1225 830 2055 UTILITY X-ING - WATERLINE T-16** N/A 4 0 O 680 0 380 0 0 0 - GOLF COURSE STREAM RELOCATION TOTALS: TOTALS: 14664 (0.3366 AC) 582 940 144 495 14915 9715 24630 f * REVISED IMPACT x* NEW IMPACT OLD IMPACT T-2 HAS BEEN ELIMINATED Designer Scole WAR AS NOTED Oro" PTO Doi n6iolio OLDS TOWNE RTO 0,2080162.0111 CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA WETLAND & BUFFER IMPACT SUMMARY WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS 111 McCKenan Drive Cary, North Carolina 27511 tel: 919-469-3340 www.withersravenel.com fax: 919-467-1 Shrel No. 2 of c E L a c 0 U a 3 d d 0 C X '? - \ IMPACT T-2 I R ?? L f j Luj S ING- A IT R ?,. , 7 ( `Z 0 IMPACT P-1 P BLIP, STREET / raa? ? ?' A ROSS , % IMPACT T-3 \ ?\ UTILITY- CROSSING.- SANITARY \ 1 , , 1 WA# 10 r \ 185.5 / 186.5 / J \? ?'? / fin;?' / o S ? '191 IMPACT,\T-1 ry?11?` i SANITARY SEWER (TYP) I UTILITY CROSSIN ;- m" 1M2 / STO ?I?tir . / D I' I 186.5 / 188,5 1 / 6 SCALE 30 i / 0 1 _ 2-1 75 No. Revidon Dale Dessgner ScW- 8i' w&R Date 06/03/08 D WITHERS RAV E N E L Shed Na. Drawn RTD OLDS TOWNS Checked WETLAND & BUFFER IMPACT MAP ENGINEERS I MANNERS I SURVEYORS 3 of 16 By Job No. n 111 NacKenan Drive Cary, North Carolina 27911 Rio 02080162. CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel: 919-469-3340 www.witrkersravenel.com fax: 919-467-6006 z 4 a i i ?r 179 719 "1 tl WETLAND RESTORATION 1 ' l (1750 SF) lr? `t mI STREAM RELO ATIO use (NEW CHAN L, L CATIO , . X? ? ! '` i r? EE- 6- - - r `• ` PROPOSED CARTPATH (TYP) i i IMPACT T-4 GOLF COURSE FILL 5 8 / (ORIGINAL WETLAND LOCATION) 1 2. `IMPACT 1=16' - ,[ GOLOURSE FILL "` - - - (ORIGINAL CHANN EL-LOCATION) OR ° " ' A Hlc SCALE 1 =50 / V 15 50 75 No. Revision Date Designer Scale Drawn By w&R Date AS NOTED OIDE TOWNS WITHERS RAVENEL Sheel Na. RTO 06/03/08 WETLAND & BUFFER IMPACT MAP ENGINEERS I PLANNERS I SURVEYORS f 16 Checked By RIO Job No. 02060162.0 CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA 111 NaeKenan Drive Cary, North Carolina 27511 tel: 919-469-3340 www.withersravenel.com fax: 919-457-5006 o 14V -'? r 1 1 \\ 1 17 , \ i } I i \ IMPACT T-5 C1 ?" I UTILITY CROSSING- t j SANITARY V Nis / 1 15 ,? 1 ` ?? \ ' ,'I ; _ '. _ --- -.? ?, , • \ ? _?, -fir- - e° s\ ZONE 2 BUFFER (TY) a I . ?...,? 19o- l `7- T? _- 10, " ZONE 1/BUFFER (TYP) i I 195- -? --- - `, /AR FNC SCALE. Y•50' t' 203 D 25 5D 75, No. Revision Dale B Designer Scale Sheet No. W&R AS NOTED WITHERS RAVENEL Drawn By Dale OLDE TOWNS RTO D6/03/ WETLAND & BUFFER IMPACT MAP ENGINEERS I PIANNlRS I SNRYLYORS of 16 Checked By Job No. 111 NacKenan Drive Cary. North Caroline 27511 RTC 02060162.0 CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel: 919-469-3340 www.withereravenal.com fax: 919-467-6008 c 0 D a 0 L L 3 7 / f 613,BRIDGE TIMBER 4ILINGS (GOLF f IMPACT P-2 I RIDGE PILINGS (GOLF)/ l o B IRRIGATION ??so \ \ ?, " l ZONE 2 BUFFFjERP1 1 11? ,1 I I ?- - 200- \'' `\ \ `\•` . , ?, I 1 N?v ` ZONE 1 BUFFER P) 1 tv \ IMPACT 6 V I V A\ 1' 1? \ ti. \V A ?'a \ . A JOTILITY GRO IN - 01 oy? - \ ?,\'' \ IMPACT P-3 f? ??.z1o-`_ \ V ?? BRIDGE PILIN S . • ?REET K \ 21155-- 14. v \ V A ?? A ROSSI \ .--- \ v` R \ N• V \ \ \ \\ \ \\, ,$ \ % ° , ? '' \ ? \ i ! ' ' ,1 ? ? GRNPNIC SGLE \ 1"eSD' ' ' - 230 \ \ \ \ ` \ \ f9o \\? o zs • ?s No. Revision Dole B Designer Scale Sheet No. w&R n NOTED ENGIWITHNEEERS 1 RS PLANN&ERS 1 SONYEYDNS RAVENEL Drawn RTO D6/03/08 OLDE TOWNE WETLAND & BUFFER IMPACT MAP of 16 11l NlCKBnOD Drive Corr, NOrtn Carolina 27511 Checked By Jab Na, R70 02080162.0 CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel: 919-e69-3340 r,w>r.xltnarsravenel.cam fox: 919-467-600e 0 N b O CI D O I m O m O X W. ?? GOLF CART SCR "? 1NG? , IRRI ION o co 11 f 210- A • o 210. ? CRAPl6C SCALE 1'•50 I ? 5b 6 No. Re, aw Date °°ei9°°' Stole Sheet No. W&R AS NOTED WITHERS RAV E N E L Drown By bolt OLDS TOWNS 06/03/0 LN4149923 114ANNERS I SURYLYORS RTO WETLAND & BUFFER IMPACT MAP of 16 Checked By Job No. "I NacKebah Drive Cary. North Caroline 27511 PTO 02060162.0 CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel: 919-469-3340 www.witheraravanel.com tax: 919-467-5008 y0 L 5 a 4 2 2 a 0 V 4 4 2 C 2 --'f \ \ \ \ \ , \ \ \ \ \ 205 t V \ \ \ --.-' •?\ \ \ , `? • ? ' \ _' X240 A \ \ \ \ \ `1` \ • 235 }[ [` ??o ?,. tt} \ v v IN I" I t \ 1 1t\ \ • \ t 1 , v PAST , t?E CART ROS Z NE' 1 BUF (TYP) I RIGaTJOI \ \ a? \\ a t i 's ZONE 2 U?ER P) V \ IMP CT P?-7, PU LIG ?1 RE ?"66? CR SSI?G? r --235\? t , i , t t t 225 ` `...- , \?? \ t ? . I ? it I \??, N \ \ 22S \ ?. / ? ?' •. - ? \ \ °R,v Inc ?D t•.sD 241. / D ss sn s 20 x \ ` f No. Revision Dote Designer Seale Sheet No w&R AS NOTED WITHERS RAVENEL Drawn °° RTO 06/03/08 OLDE TOWNE WETLAND & BUFFER IMPACT MAP ENGINEERS I PLANNERS I SURVEYORS of 16 Checked By Job No Sit NacKenan Drive Cary, North Carolina 275!1 No. RTC 02060162,0 CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel. 919-469-3340 www.withorsravenel.com fax: 919-467-6008 i 4 2 R V w z w N 1 C,4 i NNN V A 20 1 4-4 f , N , ry v \ 220- -- l I rl. I ~, V. NNN i ?. A \ R SED I G VAL? ,.l r , 1I 1. • I I , ry , e I " • "-23 \ BLI STREET Q" I ` /`-• \ _ A C?OSSING! I \ / r 2W .? \ ?.. 24? GRAPHIC SCALE 1*-50' _ t J -25 so_, 75 01 No. Re"on Dale Des+gner Scale 7of"'16 WAR AS NOTED WITHERS RAVENEL Drawn Data OLDE TOWNE RTD D6?D3?D WETLAND & BUFFER IMPACT MAP ENYINECRS I iuNNERS I SURVEYORS Checked By Job No. 111 NeeKanan Drive Cary, North Caroline 27511 RTO 02080162.0 CITY OF RALEIGH WAKE COUNT` NORTH CAROLINA tel: 919-469-3340 www.witheraravenal.com fax: 919-467-6008 -255- - ~ 25p; \so` \ \ \ \` \ Bs A \ ??, ?? ?'o III \ I N a Lei s W w? \..AV V `'sods % f r . 1 - ?8 \ N II jl --- e V IMPACT. P- ---- -- ?;,?? ^v PUBLIC-•_S REET- % ??- q 41u?CRO SING 1 % 270- \ --275- 275- 280/ ? \ 1 \ - / GRAPHIC SCALE 1'-50' \ I D 25 50 15 Nd. Re Won Dale Designer W&R ScoreAS NOTED WITHERS RAV E N E L Sheet No. Drown By Dole OLDS TOWNS RTO D6/03/0 WETLAND & BUFFER IMPACT MAP ENGINEERS 1 PLANNERS I SURVEYORS 11 of 16 Checked By Job No. 111 NaCRenan Drive Cary, North Carolina 21511 RTO 020SO162. CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel: 919-469-3340 www.withersravene3.com feu: 9119-461-6068 u i< 4t V 4 Z a z C1q 244,3 X235 - -255-- . ? - + . I 4.8 l} UBLI STRE f, r , , 55- - % , PRO, QED I<ING ALL ) ?ILI • .j -? -±-1.2,, BRIDGE TIMBER PILIKGS (GOLF) s l I \, r 245' I y 1 n P .. GRAPHIC SCALE 1'-SW 1 1 0 25 50 75 No. Revision Dole Designer Scale Sheet No v&R AS NOTED WITHERS RAVENEL Drawn 9f Date Rr0 06/03/ OLDE TOWNS WETLAND & BUFFER IMPACT MAP ENGINEERS I PLANNERS 1 SURVEYORS 2 of 16 Checked By Job No, 1f1 Hacxenan Drive Cary, North Caroline 275fi I U RTO 02080162, CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tal: 919-469-3340 www.withersrevenel.com fax: 919-467-6008 N O Al w CL CL IMPACT P-1 fi• \ PAU_BLIC ST' STREET -zza CROSSING 7ONE 1? FER ? NE 2 U ER ( P \ ? ?? j r I?( I r I i 1 1 ? PACT T-1 O'? X30 /? 1 ?TORMWATER ! r f o I ?. AREA' # 1 `OUTFALL 4 if. / SWA#? IMPAC T,' I ? 1 r ,?i a35- ?,1 ,? l I STORw#2 E U /AR LL! i , , 34.8 n <N + 239 \ I 23 ` , s c i•. \ ' \ 0 25 Na Revision Date Designer Scale Sheel W&R AS Novo WITHERB RAVENEL Drawn By Dote 4LDE TOWNE RTO 06/03/0 WETLAND & BUFFER IMPACT MAP ENYINEER;i 1 PLANNERS I SURVEYORS 3 of 16 Checked By Job No. 111 NacKanan Or3ve Cary, North Carolina 27513 Rto o2oems2. CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel: 919-469-3340 www.wlthereravenel.cam f*X: 919-467-6008 w Z L/i W Z w ? -v r - 240 \ \ 243 G 23 '??U a?IV? - 24 ,l r? \ ROSSIN ±34 BRIDGE TIMBER PILINGS (GOLF) % SWA#4? = --:z4o r? 0 cl? 5 • r 25 ate; \. l . 245- -25 r ss, \ \ /? f c is `\ \ \ \ ?i _" a` \ \ / / 0 zs '255- 75 No. Rtwssio _ Dole By I Designer WAR Stoles NOTED Sheet NoDrown By Dale OLDS TOWNS WITHERS RAVENEL Rio 06/03/08 WETLAND & BUFFER IMPACT MAP ENGINEERS I PLANNERS I SURVEYORS 4 of qL Checked By Job No. Ill NacXenon Drive Cary, North Caroline 27511 of IV Rio 02080162.0 GTY OF RALEIGH WAKE COUNTY NORTH CAROLINA to), 959-469-3340 www.wlthareravane).cam fax: 919-467-6008 ?a l .-A TP T 11y.1 l I ? . I I 2185 IMPACT T-1 IUG,_ \ \ STOR'MWATER \ d \ \ 'ARE??-#7 OUTFALL ,? . N I .. : 200 a ZONE 2 guFFER. 17YP \ IMPACT-5-12 STORMWATER . FBI ,1 FFER T1?P \ , ..VV 1 .' tY IN, f. . L eo -7 l - - r \ - ? IMPACT T-13 UTILITY CROSSINdl- SAN ITARY -- \ / ' •;: / GRAPHIC SCALE- 1'-sw No. Revision Dale Designer Scale Sheet W, Drawn w&R Dula AS NOTED WITHERS RAVENEL RTO 06/03/06 OLDE TOWNS WETLAND & BUFFER IMPACT MAP ENGINEERS I ?LANYERS I SURVEYORS 5 of 16 Checked By Job No. 111 MacBenan Drive Cary, North Caroline 27511 RTC 02060162.0 CITY OF RALEICH WAKE COUNTY NORTH CAROLINA tea: 919-469-3340 www.witheraravenel.com fax: 919•-467-6008 a u W a C w z z w e r e a 210 ?z 21 ..7 f +?-13 ?\ . IMPACT LOT vFILL '= I I REC.,,CENTER-. l ! , ,? ?\ 1 I _ w \ \ ? 1 r ?? l r9° Ell LO, - 1 . cruPRc SCALE ? !:*01 °s A D 25,' 7s N No. Revision Date- By Designer Seat* stet No. W&R 'IS NOTED WITHERS & RAVENEL Drown By Dale ENGINEERS I PLANNERS I SURVEYORS 6 of 16 Rio 06/03/ OLDE TOWNE WETLAND & BUFFER IMPACT MAP Checked By Job No. 111 NacKenen Drive Cary, North Caroline 27511 RTO 02060162. CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel: 919-469-3340 www.withereravenel.com fax; 919-467-6008 SHEET 17 1 Y wd N(.--- /IE 1. 5TORM 5EWER SIZING & DESIGN PRELIMINARY AND SUBJECT TO CHANGE BASED ON FINAL DE516N. I? I < 230 LU u_ 200 E PROPO?,ED &RADE :.` F'ROPO ED GRADE' E 2 91,31` _, Liz _._EXISTING 12' N x IT L 1,_ GRA©E; DI551PAT6R PAD ti 20' 1?1 x I i' L i CLA55 2?IP RAP DIS5IPATC?R PAD 22'N x W L GL 55 2 RIP RI,P PLUNGE POOL I I i 200 260 ; IMPACT (PUBOG TP,,,E T ?" 11) 1+- o f 2+?o 1 i i 10' L_, i ? RIP RAP ' POOL i 2( T •, EE 1 ' 11A-EA ..J I 1+00 2+;00 1+po 22-0- T "A-EA { 111) 5HEOE #? i PI?OPr?SET? ylr?? 220 22 0 HEADNALD r i'EX15TING G?'.ADE i Ic 2I0 INV: I L40 i (Puf3LIC STREET " ") • 0-I'I , pD 1+60 i ?+00 i : GONGRETEI ?. HEADNA1.t_d i i i i I 23,0 i i IMPA( 22?II I c7?-?0C7 2 O APPROXII ATE TOP OF CQRB 6 P?OP05ED I RETAINING ILL j 50 2 ,r INVj:213.50 210 i 21 t I {- INPA., { ?^ a ; ! I BUC TRET "A-EA II ) TI 6!A^E A T") i i 220 -- SHEET I I ; 1+00 +00 0*00 d '00