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HomeMy WebLinkAbout20061747 Ver 2_401 Application_20080708TO: Ms. Laurie Dennison FAX: NC Division of Water Quality 401 Wetlands Unit 2321 Crabtree Blvd. Suite 250 Raleigh, NC ATTN: Ms. Laurie Dennison X Attached: Under separate cover: RE: Highland Park Subdivision Off-Site Sewer & Water, Durham, Durham County, North Carolina. No. Copies Description 1 PCN for Off-Site Sewer & Water 401 Certification 1 Sets of PCN Attachments 1 Sets of Plans 1 Cover Letter 1 Check for Application Fee Notes: VIA _ FAX PAGES Including this Cove OVERNIGHT _ MAIL x HAND CARRY TO BE PICKED UP COPIES TO: DES P Cj?,1CRt? hA ER?4tPN':;s? wE????lD RECEIVED BY: DATE: JOB CODE: DATE: 07/18/08 X FOR YOUR REVIEW FOR YOUR APPROVAL _ FOR YOUR USE AS REQUESTED RETURN _ COPIES D: r 1 Delineations Plus Pho?e: 919-932-7217 PO Box 3097 Fax: 919-932-7217 Chapel Hill, NC 27515-3097 www.delineationsplus.com Please notify us immediately if enclosures are not as noted Delineations Plus Wetland & Stream Delineation, Mapping & Consulting Fidelity Court, Suite 8, 400 Davie Rd. Carrboro, NC 27510 Jonathan J. Hopkins President Phone: (919) 932-7217 Fax: (919) 932-7217 07/21/08 Ms. Laurie Dennison DWQ Wetlands Unit 2321 Crabtree Blvd. Suite 250 Raleigh, NC 27604-2260 Ms. Dennison, Enclosed is a Pre-Construction Notification (PCN) for the sewer & water lines that will service the proposed project known as Highland Park Subdivision, off Guess Rd., accessed by Terry Rd, Durham, Durham County, North Carolina. A vicinity map can be found on the cover page of the plans submitted. This PCN is an application for the Section 401 Water Quality Certification that accompanies NWP 12 (GC3699). This project is being undertaken by Highland Park Properties, LLC (400 Riverwood Dr., Clayton, NC 27520), hereafter referred to as the applicant. The applicant proposes to build 289 single family homes, with appropriate infrastructure, for speculative sale. This permit application is for the sewer & water lines that will service this proposed development. The applicant's purpose is to construct a marketable phase by phase single family subdivision within the constraints of topography, area, cost, environmental impacts & regulations. This PCN is for the sewer & water infrastructure to service this proposed development. The developer has received a NWP 12 for this phase of the project. That permit is enclosed. I believe we are submitting everything you need to review our PCN. I am attaching a $240.00 check to cover the application fee. Please let me know if you have any questions, or require any additional infgyn- ttion. If you do, we will get that information to you in less time than the 30 day limit. Thank you for Y ur t; e i rev'e ing this Section 401 PCN. I f Sinckrely Jo than Hopki , MPP P esident elineations Plus Fidelity Court Suite 8 400 Davie Rd. Carrboro, NC 27510 919.932.7217 wetmeadow&nc.rr.com Mailing Address: Delineations Plus JUL. 2 2 2008 IWTLAYDS ANT) STORM WATER BRAN :R PO Box 3097 Chapel Hill, NC 27515-3097 dG - /74741 NC Division of Water Quality 401 Wetlands Unit 2321 Crabtree Blvd. Suite 250 Raleigh, NC Under separate cover: ATTN: Ms. Laurie Dennison RE: Highland Park Subdivision Off-Site Sewer & Water, Durham, Durham County, North Carolina. No. Copies Description 5 PCN for Off-Site Sewer & Water 401 Certification 5 Sets of PCN Attachments 5 Sets of Plans 1 Cover Letter 1 Check for Application Fee Notes: VIA FAX -PAGES Including this Cover OVERNIGHT _ MAIL x HAND CARRY TO BE PICKED UP COPIES TO: D JUL 2 2 2008 DENR . WATER QUALITY WETLANDS AND STORMMATER BRANCH RECEIVED BY: DATE: JOB CODE: DATE: 07/18/08 ,4,4 r-i M- x Attached: X FOR YOUR REVIEW FOR YOUR APPROVAL _ FOR YOUR USE _ AS REQUESTED RETURN _ COPIES SIGNED: Jonathan Hopkins, WP TO: Ms. Laurie Dennison FAX: Delineations Plus Phone: 919-932-7217 PO Box 3097 Fax: 919-932-7217 Chapel Hill, NC 27515-3097 www.delineationsplus.com Please notify us immediately if enclosures are not as noted 04 - /7q7 vA Delineations Plus PCN Highland Park Subdivision Durham 401 Off-Site Sewer & Water Permit 07/17/08 PAYNr, F ECL? o Mca k JUL. 2 2 2008 JENk. WAI ER QUAU 1 r WETt.ANDS AND STURMWATER BRANCH 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: X Section 404 Permit X Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ X 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12 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: X 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 Name: Contact: Jake Austin D , n r (l Mailing Address: Highland Park Properties, LLC ?I 400 Riverwood Dr. iU L. 2 2 2008 Clayton, NC 27520 DENR - WAI ER QUALI Y Telephone Number: 919 422-4091 Fax Number: 919 861-2601 WEI IANOS ANO STO MINA?ER BRANCH E-mail Address: jaustin@fredsmithcompany.com 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: Mr. Jonathan Hopkins Company Affiliation: Delineations Plus Mailing Address: PO Box 3097 Chapel Hill, NC 27515-3097 Telephone Number: 919 932-7217 Fax Number: 919 932-7217 E-mail Address: wetmeadow@nc.rr.com Page 6 of 14 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. Vicinity map is OSW-1, cover sheet of plans. USGS map is Attachment E & Durham Soil Survey map is Attachment F. Plans submitted are full sized & included with PCN. 1.Name of project: Highland Park Subdivision: off-site sewer & water 2.T.I.P. Project Number or State Project Number (NCDOT Only): NA 3.Property Identification Number (Tax PIN): The sewer lines & water lines run through the listed parcels on Attachment A. 4.Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): Highland Park: all phases Directions to site (include road numbers/names, landmarks, etc.): Take 1-40 west to 15-501, and take 15-501 east and merge with I-85 N. Take 85 N to the Guess Rd exit and take Guess RD. north (left turn at ramp light). Take Guess Rd north, past Rose of Sharon Rd. & Umstead Rd., about 5 miles to Terry Rd on the left. Terry Rd accesses the proposed subdivision & Bramble Dr., Genesee Dr. & Terry Rd access the water & sewer lines for it. 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): see Attachment B 6.Property size (acres): Acreage of impacts of sewer & water lines : Length of line X width of impact: WATER LINE A: 2950 X 13 = 38350 SF = 0.878 AC WATER LINE B: 7300 X 13 = 94900 SF = 2.173 AC SEWER LINE A: 4850 x 30 = 145500 SF = 3.331 AC SEWER LINE B: 1400 X30 = 42000 SF = 0.962 AC 7.Name of nearest receiving body of water: Crooked Creek & UT to Crooked Creek 8.River Basin: Neuse River Basin (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/maos/.) Page 7 of 14 9.Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing conditions where the sewer path goes are currently forested or meadow areas mostly in someone's backyard, so some are maintained & some are left natural. This line traverses the back zone of many developed lots but a few are currently undeveloped. The water line mostly traverses suburban lawns & road right of ways. The existing condition in the vicinity of the proposed project is mostly suburban subdivisions, old & new. 10. Describe the overall project in detail, including the type of equipment to be used: The Highland Park Subdivision, off Terry Rd., will be a single-family residential development consisting of residential buildings, driveways, roads, utilities, a park, and a large greenspace surrounding the central stream. This permit is for the sewer & water to supply Highland Park & will have sediment & erosion controls in place before construction begins. Off-Site sewer & water lines have been approved by City of Durham. No grading will be done for sewer & water, only ditching, probably by ditch witch or backhoe. Grade will be restored to original contours. The stream crossings will require a temporary block of the channel about ten feet from the ditch and three feet for the ditch for a total temporary impact of about 13' per H2O crossing & 13.75' for sewer crossings. These utilities will be installed using backhoes, bobcats and ditch witches, and the appropriate pipe laying equipment & using the latest BMPs. All pipes will be laid with the center of the pipe under the stream. All general conditions of each permit will be adhered to. 11. Explain the purpose of the proposed work: To provide sewer & water for Highland Park Subdivision which will produce single family homes for sale in a new subdivision near Durham & 1- 85. 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. This project applied for & received Corps approval on 10125106. Because the new Nationwide Permits were issued in 2007 its expiration date was 03118107. In late 2007, work had not yet begun so the project reapplied for the new Nationwide Permit 12 and was approved (Action ID 2006-409331 (copy enclosed). No work in the impact zones has been done. This is not an after the fact permit, nor is the project currently in violation of any 404 or 401 Section regulations. 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 anticipated once DWQ certifications are obtained. 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, Page 8of14 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. Wetland map submitted as Attachment G. 1. Provide a written description of the proposed impacts: See Attachment C. 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. Both permanent impacts and temnorarv impacts are in the tables on sheets OS-1 & OW-1. Wetland Located Distance Area of Impact Type of Wetland within to Nearest Impact Site Number Type of Impact (e.g., forested, marsh, 100-year Stream (acres) (indicate on herbaceous, bog, etc.) Floodplain (linear map) (yes/no) feet) Clear, excavate trench, fill: 20' to Feature 1: Sheet OS-3 Permanent; 30' Easement cut Wetland E: Marsh Yes A & 50' to 0.133965 By City of Durham Feature B 2: Sheet: OS-4 Clear, excavate trench, fill: Permanent; 30' Easement cut Wetland B: Marsh Yes About 40' from Feature B. 0.022327 By City of Durham 3: Sheet OS-3 Clear, excavate trench, fill: Permanent; 30' Easement cut Rv Citv of Durham Wetland D: Forested Yes About 160' from Feature A 0.021526 4: Sheet OS-3 Temporary impact: work zone Wetland E: Marsh Yes About 40'to Feature A 0.151231 5: Sheet OS-4 Temporary impact: work zone Wetland B: Marsh Yes About 40' from Feature B 0.01099 Total Wetland Impact (acres) Permanent 0.177818 Total Wetland Impact (acres) Temporary 0.162221 3. List the total acreage (estimated) of all existing wetlands on the property: 0.6771988 AC [Property defined as the paths taken by sewer & water across various private lots.] 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 Page 9 of 14 original and relocated streams must be included. To calculate acreage, multiply length X width. then divide by 43.560. Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial or Intermitte nt? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) A: OS-3 Crooked Creek Sewer: Temporary Perennial 22.5 13.75 0.0071023 B: OS-3 UT to Crooked Creek Sewer: Temporary Perennial 10 13.75 0.0031566 C: OW2: Bramble Crooked Ck H2O: Temporary Perennial 20 13 0.0059688 D: OW-4: Genesee UT to Crooked Creek H2O: Temporary Perennial 10 13 0.0029844 E: OW-5 Guess UT to Crooked Creek H2O: Temporary Intermittent 3 13 0.0008953 F: OW-9 Carden's UT to Crooked Creek H2O: Temporary Intermittent 4 13 0.0011938 G: OW-11 Terry Rd Crooked Creek H2O: Temporary Perennial 5 13 0.0014922 H: OW-12A Guess UT to Crooked Creek H2O: Temporary Intermittent 5 13 0.0014922 Total Stream Impact (by length and acreage) 105.50 0.0242856 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. No open water impacts are proposed. Open Water Area Impact Name of Waterbody Type of Waterbody of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, Impact (indicate on bay, ocean, etc.) (acres) map) Total Open Water Impact (acres) 0.00 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Temporary 0.0242856 Wetland Impact (acres): Permanent 0.177818 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) Perm & Temp 0.3643246 Total Stream Impact (linear feet): Temporary 105.50 7. Isolated Waters Do any isolated waters exist on the property? ? Yes X 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 USAGE. Page 10 of 14 8. Pond Creation No pond creation is proposed. 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. Avoidance & Minimization can be found in Attachment D. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. Page 11 of 14 I. 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. Wetland & stream mitigation is not expected. All stream crossings are temporary & they total 105.5 LF, which is under the 150' threshold for permanent impacts. Wetland impacts are less than one acre. Although the criteria used by the Corps are different from those used by DWQ, in this case the Corps required no compensatory mitigation (ID 2006-40933, enclosed). However, if mitigation is required, the developer proposes to purchase that mitigation from the NC Ecosystem Enhancement Program (NCEEP). For buffer impacts, the acceptance letter from NCEEP for the permanent sewer impacts is enclosed. Although all water impacts are temporary, application has been made to NCEEP for those impacts in Zone I & Zone 2 as well. The acceptance letter for those impacts is due shortly & I will .forward it to you as soon as it is available. 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/v<mp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: The following are the permanent impacts: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Zone 1 27182 SF (0.62 AC) Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): • Environmental Documentation (required by DWQ) 5856 SF (0.13 AC) Zone 2: 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No X 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 ? Page 12 of 14 IX. 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 )? Yes X 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. We do not know if buffer mitigation will be required. The following figures are the permanent impacts: Zone* Impact (square feet) Multiplier Required Mitigation 1 5856 3 (2 for 2 27182 1.5 Total 33038 * 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. The developer proposes to pay into NCEEP for buffer impacts. The acceptance letter for all permanent buffer impacts by the sewer line is enclosed. The water lines have no permanent buffer impacts. X. 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. Utility line areas will be returned to original contours thus not altering the flow of stormwater except temporarily. XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This permit is for the proposed sewer hook-up to City of Durham sewer for Highland Park Subdivision. Page 13 of 14 • Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X XII. 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: The Highland Park Subdivision is a self-contained road system not conducive to spreading out from the center. In addition, most land around this development has already been developed. Further up Terry Rd to the north., outside the project boundaries, is already built out in low-density homes. To the north on Guess Rd there is substantial development & just east of the site (bordering Guess Rd). is fully developed; to the south of the site is an established subdivision; and across Guess Rd there is a subdivision. All the lots in-between the site & Guess Rd are small privately owned lots. This area of Guess Rd. is almost completely built out. To the west of the site only one property is currently agricultural, although two other properties are large lots with just one house on them. However, ending the western road with a cul-de-sac rather than stubbing the road for further development deters the road access to this western area from the southwest of this project. In the northwest of this project, the natural park that has no road access through it blocks access further west. Also, all additional requirements put on the sewer & water lines for this project by City of Durham are to service existing neighborhoods in this area. XIII. 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 Thre,.,,a ee ied Species, accessibility problems, or other issues outside of the applicant's control). 7 07/21/08 .pplicant/Akent's Signature Date signature i valid only if an authorization letter from the applicant is provided.) Page 14 of 14 Delineations Plus ti1S" sty,;:Cove'.ir,g ?G Ek,.3C?? CL sKE.. ,• ? ?Ni:?!a `5!'r_":?; Ai,}- ?RLANKS 70 BE F!s '..Er; By j r;'a f, P'I'GjG'G't I:bIIII° 7 REsCTIpC10s1: Deb?artmeTT: c3 the. ArmN 4 y Army LEJ:"?9 C1a l Lzgiri zI. Wilm;nror sti ict Raleila&, NC 27:1: Arm- 40 Re: Wetandstrea?r: L) = r?,. fi?aticr,, d ?::r,,,ittx g _ . ??ent To :'ibctn 11 Mai, C.?zT Y y. 17s I, the curoed i propcrty ',,-wAl--. h rebv di-s1gnate i[7I?7e of tz:l`':lh?33S '."!'ds :0 ii"; on '.xpT 1r! :'?{f :C`si l` 't ; 4t Gild: OI Penn.) ' as r!2}' fl{y?Dt in Lhe proc?s3sng of ;4 4M 2 .;?fpicat lti; '7 ?l S F v3 ? -fe it!v r13?, n pp:tll:?Illdl lll?i'L%I':!13'_JCti in S17?+pOrl i.!,`i._n12?.4:1'vll5tic., t? from , d4S LO'•Ww?r.i E is O _ . 4 noiitica _ tvous Cvrl?e9 (??241Bi:tnZ :G+l?Cc T :ri :ire th s t, IY Icf. riK:r 4upcr%, let 3.^:w r: .?D-_-?.d.?-h??-- ???--- n*r, ? „'?T;tiI'::,x?na.tTxre PR7 T Pmpetrv Cht-e:T rilp)C . iVI?'l rat Gf water Quaff t 4tf I '.?i -nia .dS ?%li :•it .?:t Cy?xd'xrlrPo B;v . Suite 25 0 ATTACHMENT A: PIN Numbers for Sewer & Water Line Paths The proposed sewer line path begins at the intersection of Guess Rd. & Crooked Creek and runs north on the western side of Guess Rd. across Bramble Dr. all the way north to Terry Rd. Both sewer lines will have a 30' permanent easement with a 30' wide maintained corridor. The PIN numbers of the properties Sewer line A will cross are (from south to north): 0815-04-91-2777 0815-04-92-4052 0815-04-92-5252 0815-04-92-5259 0815-04-92-5360 0815-04-92-5362 0815-04-92-6536 0815-04-92-5879 0815-04-93-3019 0815-04-93-5178 0815-04-93-6331 0815-04-93-6473 0815-04-93-7830 0815-04-94-4148 0815-04-94-5415 0815-04-94-3810 0815-02-95-4017 0815-02-95-6560 0815-02-95-8377 0815-02-95-8670 and ends there. The path from 0815-04-94-5415 to 0815-02-95-8670 was required by City of Durham for future use. Sewer line B starts at: 0815-04-94-5415 and travels west through 0815-04-94-3810 0815-04-94-5415 0815-04-84-8734 Then it travels under the middle of Genesee Dr and goes north into the subdivision (0815-02-76-6352). There are two water line paths. The northern line (Water line B) starts from Milton Rd. and runs in the Guess Rd. right of way south to Terry Rd. and then west down Terry Rd to the proposed Highland Park subdivision. The southern water line (Water line A) starts from across Guess Rd. and travels west along Bramble Drive then north along Genesee Dr. Water line B: Starts at Milton Rd. & travels south in the Guess Rd right of way then turns west down Terry Rd. Path down Terry Rd to development (east to west): 0815-02-95-9944 0815-02-95-6943 0815-02-96-4011 0815-02-96-2045 0815-02-96-0140 and into the subdivision Water line A: Crosses Guess Rd. across from Bramble Dr. Path down Bramble Dr (east to west): 0815-04-93-7830 0815-04-93-3797 0815-04-93-2891 0815-04-93-0893 0815-04-83-9867 0815-04-83-8815 Then down Genesee Dr (south to north): 0815-04-83-8936 0815-04-84-8037 0815-04-84-8137 0815-04-84-8229 0815-04-84-8339 0815-04-84-8530 0815-04-84-8643 0815-04-84-8734 0815-04-84-8845 0815-02-85-8024 0815-02-85-8144 and into the subdivision (0815-02-76-6352). ATTACHMENT B: Decimal Degrees for sewer & water crossings of Crooked Creek Sewer: Crosses Crooked Creek (Feature A): N 36.09683° W 078.93400° Crosses UT to Crooked Creek (Feature B): N 36.09753° W 078.93444° Water line crossings of Crooked Creek Water line B along Terry Rd.: N 36.10120° W 078.93256° Water line A along Bramble Dr.: N 36.09525° W 078.93433° ATTACHMENT C: Description of Impacts Sewer lines A & B both start where Guess Rd crosses Crooked Creek and go north through the back area of numerous lots that front Guess Rd. The cross Bramble Dr. and further north cross Feature A, Crooked Creek. The sewer line will cross Crooked Creek once and its unnamed western tributary (Feature B) once. Originally the proposed plan called for only one sewer crossing of Crooked Creek north of Feature B. However, City of Durham rejected that plan because the' adjacent neighborhood on the west side of Crooked Creek and the south side of Feature B has failing its septic fields & the City of Durham needed a future sewer hookup in that area to fix this problem. Thus City of Durham required this contractor to construct the sewer line in such a way that this neighborhood can later hook into it. Thus City of Durham required the sewer line to cross Crooked Creek further south into the target area and then cross Feature B to return to the path needed to service the Highland Park Subdivision proposed development, which is known as Sewer line B. The extension of the sewer line north to Terry Rd. (labeled Sewer line A) was also required by City of Durham as a hookup for other neighborhoods. These impacts are calculated in the PCN. Each of these sewer line stream impacts will be temporary and about 13.75' wide at the stream crossing. Stream flow will be dammed during a period of low flow; a trench will be dug & pipe installed in it; then the trench will be filled and the stream banks returned to their original state & the dam removed. Latest BMPs will be used & the midpoint of the sewer pipe will be directly in center of creek. Original contours will be restored. The sewer line will impact three of the five wetlands in its general path: Wetlands D, E & B (see wetland map & plans). These three wetland impacts by the proposed sewer lines are what remain after avoiding & minimizing total offsite impacts (see below). Because of City of Durham requires that the full 30' easement be kept cleared & cut (Phone conversation with Mr. John Reeves, Construction Engineer, Department of Public Works, City of Durham, 02/21/08, 1:30pm), wetland impacts within the permanent sewer easement & buffer zones impacts within the permanent sewer easement are permanent impacts. All impacts in the temporary sewer easements are temporary, as are the stream crossings. These impacts are calculated in the PCN. The water line impacts to buffers & streams are completely temporary. These impacts will be 13' wide at the stream crossings. The same procedures will be used installing the water line crossings as are used to install the sewer crossings (see above). The lead engineer had put these water lines in the road right of way, below fill but above the culvert and out of the stream which was viable from the engineering standpoint. However, City of Durham required the engineers to move them to a threshold distance (15 feet) away from the culverts, thus putting the water line impacts back into the streams. These impacts are calculated in the PCN ATTACHMENT D: Avoidance & Minimization The original sewer line path had impacts in Wetlands A, B, C, & D, but not in Wetland E. With the changes required by City of Durham (see above) the sewer line might have impacted all five wetlands present in this area. However, the engineers avoided both Wetland A & Wetland C with a revision of the sewer path. The engineers also wanted to avoid a second stream crossing for the sewer line, having originally laid out a plan that would cross only Crooked Creek only once. However, they were required by City of Durham to design the sewer line with two stream crossings to address another Durham neighborhood's problems (see above). The current design has minimized the sewer impacts to wetlands & buffers to a great extent, given the City of Durham's requirement that all 30 feet of the permanent sewer easement be kept cut, rather than a 10' wide maintenance path originally proposed in this design. The sewer crossing of Crooked Creek is exactly 90 degrees, thus minimizing its buffer impacts. The impacts of these crossings have been minimized by restricting the width of impact to 13.74' and by doing the work during a low flow period. See PCN for actual figures. Water line impacts on wetlands were completely avoided. Water line impacts on streams were originally avoided by placing these lines in the road right of way below ground level but above the culverts because sufficient depth of fill existed. However City of Durham required that the water lines be placed at a minimum of 15' distance away from all culverts, thus requiring a stream crossing at each road crossing. These six essential crossings were minimized to a 13' width of temporary impact at the stream crossings & less than that width along the rest of the line. A sediment & erosion control plan will be in place during construction (permit copy enclosed). Pre- impact contours will be restored. RALEIGH, NORTH CAROLINA NCNT'l O T O} IMW( O)+y4D? 57'30" 684 (ROUGEMONi) B6 3t?Q •}ZT -/}$ 687 [J r I ??OC? . ,. 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BEEN ISSUED TO PERN/1ITTEE Highland Park Properties, LLC ..... ................ ... .... ._ PROJECT Highland Park (off Site) As required by the Durham City/Count y Sedimentation and Erasion Control Ordinance fora land disturbing activity not to exceed 737,81' Sq Ft, On Ferry & Guess _ ..... ........ Pill, No, 081.5-02-87-6340 No land-disairbLtia activ%t 4 atithonized bV this penint shall be corrin))? need a 'I all other licenses; petrrlits or app . ;^l regUired by Federal, State, Co ?r Municipal goverri,rnentsare i. EXPIRES 2 ?TARS )%'t DATE OF fSSUE, ;0 51 ,y B v- i r . St rill a+,?rfer and Erosion Control Division HONE: 919-560-073 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID(s): 2006-40933 County: Durham GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Highland Park Properties, LLC Attn: Jake Austin Mailing Address: 400 Riverwood Drive Clayton, NC 27520 Telephone No.: 919-422-4091 Authorized Agent: Delineations Plus Attn: Jonathan Hopkins Mailing Address: PO Box 3097 Chapel Hill, NC 27515-3097 Telephone No.: 919-932-7217 Location of property (road name/number, town, etc.): Sewerline and waterline corridors on the west side of NC 157 (Guess Road), from north of Six Gables Road to Terry Road; northwest of Durham, North Carolina Site Coordinates: 36.097°N 78.933°W USGS Quad: Northwest Durham Waterway: Crooked Creek and an unnamed tributary River Basin: Neuse HUC: 03020201 Description of projects area and activity (see page 2 for a summary of authorized impacts): Discharge of fill material for backfill and bedding for a sewerlines and waterlines related to the Highland Park residential development (Rel. AID 200420837), in accordance with the drawings submitted on 2/29/2008, and revisions submitted on 5/19/2008. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide General Permit Number: 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. 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 Eric Alsmeyer at t hone ) 876-8441, ext 23. Corps Regulatory Official Date: 6/19/2008 Verification Expiration Date: 6/19/2010 ZI/ Copy Furnished: Delineations Plus Page 1 of 2 Summary of Authorized Impacts and Required Mitigation A i ID # NWP # en Water (ac) Wetland (ac) Unimportant Steam (If) Important Stream (1f) ct on Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 2006-40933 12 0.16 0.18 92 Impact Totals 0 0 0.16 0.18 0 0 92 0 Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (If) 0 Required Wetland Mitigation (ac) Required Stream Mitigation (If) Additional Remarks and/or Special Permit Conditions: No compensatory stream/wetland mitigation is required. NOTE: This verification replaces the verification dated 4/8/2008 (AID 2006-40933). Page 2 of 2 tem ECaO, ,I Ill. a` PROGRAM June 12, 2008 Mr. Jake Austin Highland Park Properties, LLC 400 Riverwood Dr. Clayton, NC 27520 Expiration of Acceptance: December 12, 2008 Project: Highland Park S/D - Offsite Sewer County: Durham 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 Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impacts Neuse 03020201 0 0 0 0.18 0 0 5856 27182 Credits Neuse 03020201 0 0 0 0.36 0 0 17,568 40,773 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, Will D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Eric Alsmeyer, USACE-Raleigh Eric Kulz, NCDWQ-Raleigh Jonathan Hopkins, agent File 7?' 1?.P?ItD?'%Gt?... ? ? ... 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