HomeMy WebLinkAbout20080946 Ver 1_401 Application_2008060808 0 9 4 6
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Jamie Shern
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Nicole Thomson
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Duncans Ridge Phase 4
Wake County, NC
June 10, 2008
S&EC Project # 8274.P1
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
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On behalf of the owner, Duncans Ridge Partners, LLC, please find attached a complete application and supplemental
information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of
Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permit 29 and General Water
Quality Certification 3705. Please contact me at (919) 846-5900 if you have any questions or require additional
information.
PROJECT SUMMARY
Project Name Duncan Ridge Phase 4
Project Type Residential Subdivision
Owner / Applicant Duncans Ridge Partners, LLC Attn: Thomas Beebe
Count Wake
Nearest Town Fu ua -Varma
Waterbod Name UT to Buckhom Creek
Basin / Sub-basin 03-06-07
Index Number 18-7-(1)
Class C
USGS Cataloging Unit 03030004
IMPACT SUMMARY
Stream Impact acres): 0.006
Wetland Impact acres): 0
Open Water Impact acres): 0
Total Impact to Waters of the U.S. (acres) 0.006
Total Stream Impact (linear feet): 140
Attachments:
Pre-construction Notification (PCN) Application Fonn
USGS Topographic Quad Map
Wake County Soil Survey Map
Agent Authorization Form
DWQ Buffer Letter (IPRRO 08-02)
404 Approval (USACE Action ID 200520540)
EEP Acceptance Letter
Impervious Surface letter from Diehl & Phillips, PA
Overall Impact Map (full size to DWQ; 11x17 to USACE)
Impact Map Details (8.5 X 11)
Stream & Wetland Conservation Maps (full size to
DWQ; 11x17 to USACE)
$240 Application Fee to DWQ
Charlotte Office: Greensboro Office:
248 LePhillip Court 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
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. -0 8 0 9 4 6
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing P AID
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: NWP 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
1. Owner/Applicant Information J
Name: Duncan's Ridge Partners, LLC JUN 1 0 2008
Mailing Address: Attn: Mr. Thomas Beebe
„Erin Wl+TEF(Hjai i l r
125 Hampton Pines Drive WETLANDS AND STORMWATER BRANCH
Morrisville, NC 27560
Telephone Number:_ (919) 422-6436 Fax Number: (919) 467-0037
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 Ride Road
Raleig,h, NC 27614
Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467
E-mail Address: nthomson(&sandec.com
Updated 11/1/2005
Page 1 of 9
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: Duncan's Ridge Phase 4
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0647035163
4. Location
County: Wake Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): Duncan's Ridge
Directions to site (include road numbers/names, landmarks, etc.):From Raleigh, take
Interstate 440 West (Outer Belding) to US 1/US-64; take exit 95 for NC 55; turn left onto NC
55; continue on NC 55 Bypass East; turn right onto Avent Ferry Road; turn left onto Cass
Hold Road; turn left onto Buckhom Duncan Road; turn left onto Duncan Cook Road; turn
left onto Duncans Ridge Way; follow Duncan's Ridge Way to Lauraca Lane; turn left onto
Lauraca Lane; the subject site will be at the end of Lauraca Lane.
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): 35.5994 ON 78.8632 °W
6. Property size (acres):
7. Name of nearest receiving body of water: UT to Buckhom Creek (03-06-07, 18-741); CL
8. River Basin: Cape Fear (USGS Cataloging Unit 03030004)
(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.ne.us/admin/maps/.)
Updated 11/1/2005
Page 2 of 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is primarily forested. Land use in the vicinity of
this area is a combination of agriculture, residential homes, and forestry.
10. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of a residential subdivision. Heavy equipment
associated with land clearing, grading, and construction will be utilized.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to meet the
need for additional housing in this area.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. S&EC completed a detailed wetland delineation and stream buffer
evaluation on November 28, 2007. On January 16, 2008 S&EC (Steven Ball) met Lauren
Witherspoon (NC-DWQ) on-site for intermittent/perennial determinations (see attached letter-
IPPRRO 08-02). A 404 approval was issued by Kevin Yates (formerly with the USAGE)
March 19, 2005 for 149 linear feet of permanent stream impact on the previous phase of the
subdivision (AID 200520540).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are known to be required 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
Updated 11/1/2005
Page 3 of 9
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.
1. Provide a written description of the proposed impacts: Impact #1: 140 linear feet of
permanent perennial/important stream channel impact for proposed road crossing.
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.
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)
(yes/no) linear feet
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: 1.13 ac.
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.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
(indicate on ma Intermittent? Before Impact (linear feet) acres
Impact #I (NWP 29) UT to Buckhorn Permanent Perennial 2 140 0
006
Creek (culvert) .
Total Stream Impact (by length and acreage) 140 0.006
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
Updated 11/1/2005
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.006
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.006
Total Stream Impact (linear feet): 140
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.
No isolated waters exist on the subject site.
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 requested a
detailed delineation of streams and wetlands prior to site elan development in order to determine
the extent and location of streams and wetlands in the vicinity of the proposed crossing. The site
plan has limited permanent impacts to perennial/important stream channels to one road crossing.
Streams are not crossed multiple times by roads. The proposed road crossing is necessary in
order to access useable upland portions of the property for development as well as providing the
needed emergency vehicle access. Additionally, the applicant has proposed to place all
remaininiz streams and wetlands on the subject property within a permanent conservation
easement to protect them in perpetuity (see attached Wetlands Conservation Map).
Updated H/1/2005
Page 5 of 9
The applicant is also aware of the regional conditions associated with the Nationwide Permits 29.
With respect to residential development conditions (Regional Conditions section 4.9) the
applicant does not anticipate any impacts to streams or wetlands associated with stormwater
facilities as there are none proposed, 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 (i.e. not Outstanding Resource Waters or High Quality Waters).
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
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.
S&EC believes that additional wetland mitigation, beyond the avoidance and minimization of
permanent impacts to wetlands, should not be required given that there are no wetland
impacts proposed. Total proposed permanent important/perennial stream impacts total 140
linear feet. The applicant is proposing on-site preservation of all the wetlands on the property
0.13 ac) as well as all remaining stream channels on the subject site (3,123 LF)• therefore
Updated 11 / 1 /2005
Page 6 of 9
the applicant proposes a 1:1 mitigation ratio for the permanent stream impacts and proposes
to utilize the Ecosystem Enhancement Program to satisfy that mitigation requirement.
Please see the attached EEP acceptance letter.
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://www.nceep.net/pages/inlieureplace.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): 140 LF
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 ?
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 213 .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 )? Yes ? No
Updated 11/1/2005
Page 7 of 9
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.
I Impact Required
Zone* c , I Multiplier A4;+.--+:--
I I N/A 13 (2 for Catawba) I N/A
2 N/A 1.5 N/A
Total I N/A I I 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.
3. 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 2B .0242 or .0244, or .0260. This project is not within a River Basin
with state regulated buffer rules.
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 14.9%: therefore, a DWO or municipally aoaroved
stormwater management plan is not required.
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.
Sewage disposal will be handled by on-site, subsurface septic systems.
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
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:
Updated 11/1/2005
Page 8 of 9
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. This residential project does not meet any of the three
criteria of private projects that can clearly result in cumulative impacts. This development is
relatively small in nature, has no commercial component associated with it, is within a primarily
residentially 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).
It should be noted that the Town of Fuquay-Varina is requiring tpplicant to show an
easement across Buckhorn Creek to the existing Erinvale Court development to the north. The
applicant has no intention of building this road as it would necessitate either the need for an
Individual Permit (i.e. permanent important/perennial stream impacts greater than 300 linear
feet or the applicant would be required to build a bridge, which is cost prohibitive for the nature
of this project. The Duncans Ridge development does not need the crossing of Buckhorn Creek,
the proposed project has adequate means of entrance and egress as currently designed and
therefore, the applicant has merely shown the "easement" to satisfy the requirements of the
Updated 11/1/2005
Page 9 of 9
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Date: 5/29/08
Apr 24 08 10:56a
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Soil & Environmental Consultants, PA
11010 Rawn RiJ<<. Road • Raleigh, Norlh Carolina 27614 • Plume: (t)191 ;? 4h-?'.K}0 • F,,I% t`?l`)I \.}6-'lan'r
www.SandEC.com
Name:
Address: Gi0 41r, vie S 1) ?-'
ilv ? + Su + A[( 27 516
Phone: 1 y zz . (0(/
Project Name/ Description: DVAACGLIS J 4tbq, f J I I/ S&EC Project # t't?1'7
Date: q•LT'08
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: 7A " \1= SHE 2 M
Field Office: R R t_C \ (Jr
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, 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 supplemental inf rmati n in support of applications, etc. from this day forward. The
W day of i
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 rior to visiting the site.
Print Property Owner's or Municipal Official's . ame Property Owner's or Municipal Official's Sign ture
cc: Ms. Cyndi Karoly cc: Mrs. Nicole Thomson
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
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C'1r,rl Cow Jt'ro Offit oo:
Lr :Phillhp lip
Court, Suitc C
236 3T F 1,awold,11r Drive
Cunwrd. NC _SO_5 NC 2,455
1)(wile: 01-11 720-9405
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AGENT AUTHORIZATION FORM
rvuuincI r. caaicy, Uvvc11
V William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
,
Q ?( Coleen H. Sullins, Director
Division of Water Quality
January 28, 2008
Steven Ball JAN ? o 008
S&EC
11010 Raven Ridge Road
Raleigh, NC 27614
IPRRO 08-02
County: Wake
INTERMITTENT/PERENNIAL (UP) STREAM DETERMINATION
Project Name: Walters Property
Location/Directions: north of SR 1123, east of SR 1119, and south of SR 1116
Subject Stream(s): UT to Buckhorn Creek
Date of I/P Determination(s): 1/16/2008
Feature I/P/E call* Location of UP Point
(GPS Points and/or Flag) Notes/Basis for Call
(Stream Form Rating,
Biol. Indicators, etc.).
A (Buckhorn Creek) P Throughout
B P Throughout
C UP Intermittent start at Flag
S01, Perennial Start at Flag
S02
*Intermittent/Perennial/Ephemeral
This on-site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the DWQ or Delegated Local may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing clo Cyndi Karoly , DWQ Wetlands/401 Unit, 2321 Crabtree Blvd, Raleigh, NC
27604-2260. You must act within 60 days of the date that you receive this letter. Applicants are hereby
notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the
applicant conduct this notification in order to be certain that third party appeals are made in a timely
manner. 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, No°rthCarolina
Raleigh, N. C. 2 7699-6 714. This determination is final and binding unless you ask for a hearing withirtNatumlly
60 days.
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
The (owner/future owners) should notify the Division of Water Quality (including any other Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 4041401 Permit for the proposed
activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-
733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Lauren C. Witherspoon
Environmental Senior Specialist
CC: DWQ-RRO Files
Central Files
DWQ 401Unit
NoLCarolina
,Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service
Intemet: 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
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1
U.S. ARMY CORPS OF ENGINEERS C()P)(
WILMINGTON DISTRICT
County: Wake
Action ID: 200520540
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Real Estate Investment Services, LLC
Attn: Thomas Beebe
Mailing Address: 125 Hampton Pines Drive
Morrisville, North Carolina 27560
Authorized Agent: Soil & Environmental Consultants, PA
Attn: Jason Payne
Mailing Address: 11010 Raven Ridge Road
Raleigh, North Carolina 27614
Telephone No.: (919) 422-6436
Telephone No.: (919) 846-5900
Location of property (road name/number, town, etc.): The property is located on the north side of SR 1119
approximately 1000 ft east of its intersection with SR 1123, near Fuquay Varina, Wake County, North Carolina
Site Coordinates: 35.59437 ON -78.863480 °W USGS Quad: Fuquay-Varina
River Basin: Cape Fear HUC: 03010201
Waterway: Buckhorn Creek
the
Description of projects area and activity (see page 2 for a summary of authorized impacts):
of the proposed
installation of a road crossing into waters of the United States to facilitate the
Duncan Ridge subdivision.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 39 trict accorance with the
ached Your work is authorized by the above referenced
violation of the attached conditions ordeviati nsfrom yours bmitted plansttmay subject the
conditions and your submitted plans. Any iol
ied,
permittee to a stop work order, a restoration order and/or appropriate legal action.
oori nzisioeissued and/or
nationwide nationauthorizwide
This verification will remain valid until the expiration
identified ebelow, elow unless the
suspended or revoked. If, prior to the expiration date provided it complies with all requirements of
modified, this verification will remain valid until the expiration date identified below, P , revoke
modified,
or is
such the modified nationwide permit. If the nationwide permit
conditions of the nationwide permit, actidvit es which have commenced (i eat athe re
activity would no longer comply with the
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provideddlthe
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 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 Kevin Yates at telephone (919) 876-8441, ext 30.
Corps Date: 03/19/2005 Verification Expiration Date: 03/18/2007
Regulatory Official
F FF
Copy Furnished:
MAR 2 8 2005
?i
Page 1 of 2
Determination of Jurisdiction:
® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under,the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on (Action ID: ).
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manuel and is part of a broad continuum of wetlands connected to Buckhorn Creek, a tributary of the Cape Fear River,
adjacent to Pamlico Sound. This waterbody exhibits an ordinary high water mark as indicated by changes in soil character
and absence of terrestrial vegetation and is hydrologically connected to the Buckhorn Creek, adjacent to the Cape Fear River.
Corps Regulatory Official Date: 03/19/2005 Determination Expiration Date:
Summarv of Authorized Impacts and Required Mitigation
Action ID NWP / GP Open Water (ac) Wetland (ac) Unim ortant Steam (If) Important Stream (If)
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200520540 39 149
Impact Totals 0 0 0 0 0 0 0 149
Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. 1 149
-
Required Wetland Mitigation (ac) 0 Required Stream Mitigation (if) 0
Additional Remarks and/or Special Permit Conditions:
Please note that above date reflects the day the work was authorized due to lapse of 45-day review as outlined in
the PCN notification requirements - see Condition 13, 67 Fed.Reg. 2090 (January 15, 2002).
Page 2 of 2
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 200520540 County: Wake
Permittee: Real Estate Investment Services, LLC Attn: Thomas Beebe
Date Permit. Issued: 03/19/2005
Project Manager: Kevin Yates
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has' been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
cowstem
PROGRAM
Thomas Beebe
Duncon's Ridge Partners, LLC.
125 Hampton Pines Drive
Morrisville, NC 27560
June 10, 2008 0 8 0 9 4
Expiration of Acceptance: December 10, 2008
Project: Duncan's Ridge Phase 4
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer II
Basin Location (Sq. Ft.) (Sq. Ft.) .
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Cape 03030004 0 0 140 0 0 0 0 0
Fear
Credits Cape 03030004 0 0 280 0 0 0 0 0
Fear
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973.
Sincerely,
r
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-Raleigh
Eric Kulz, NCDWQ-Raleigh
Nicole Thomson, agent
File
RP.ftDYGltg... E ... Pro" Our .S'ta t& wit
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net
05/20/2008 13:39 919-467-5327 DIEHL & PHILLIPS PAGE 02 0,10
DIEHL & PHILLIPS, P.A.
CONSULTING ENGINEERS
219 East Chatham Street
Cary, North Carolina 27511
Wephone (919) 467.9972 • Fax (919) 467-5327
MEMORANDUM
To: Whom It May Concern
From; Alan R. Keith, P.E. ?'
Date. May 20, 2008
Re: Impervious Surface Coverage
Duncans Ridge Subdivision Phase 4
WILLIAM C. DIIFHL, P.E.
JoiiN F. PHILLIPS, P.E.
ALAN R. KEITH, P.E.
Duncans Ridge Subdivision Phase 4 will be developed as R-30 residential per
the Town of Holly Springs. The minimum lot size is 30,000 square feet.
Thirteen lots are proposed plus a well lot. The following is an estimate of the
impervious surface proposed for the project totaling 26.36 acres:
Street Area
Future Street*
Houses, patios & drives**
Well Lot
"Dotal Impervious Surface
Total Project Area
26,249 sq ft
$,000 sq ft
132,600 sq ft
4,000 sq ft
170,849 sq ft
1,148,241 sq A
Percent Impervious = 170,84911,148,241 X 100% = 14.9%
*Erinvale Court right of way will be recorded in Phase 4. No street construction
is proposed in Phase 4. Additional impervious surface from 20-foot street
construction is estimated at 8,000 square feet to complete future F,rinvale Court.
"Assumes 10,200 square feet of impervious surface per lot including roofs,
driveways, walks, patios, etc.
-
SEW?R "IX
EASE M ?/NT '
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CHANNEL
WPACT
-
-
GRAPHIC SCALE
40 0 20 40 80
( W FEET )
CHANNEL IMPACT 1 inch = 40 ft.
IMPACT 140 L.F.
DUNCANS RIDGE PHASE 4 DIEHL & PHILLIPS, P. A.
amNNEL R&ACT MAP CON5ULTINGENGWffii5 D&Pmp0°t
] WAKE COUNTY, NORTH CAROLINA CARY, N.C.- (919)467-9972:
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DRAINAGE AREA: 24.6 AC.
59.8 CFS
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QIW- 80.9 CFS
96 LF OF 54° FULL BITUMINOUS COATED CMP
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INV. IN 322.92'
INV. OUT 321.00'
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