20030570 Ver 1_Complete File_20030602

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June 2, 2003
LP Wake Forest Limited Partnership
Attn: Gordon Blackwell
2700 Wycliff Road, Suite 312
Raleigh, NC 27607
Alan W. Klimek, P.E., Director
Division of Water Quality
DWQ Project No. 03-0570
County: Wake
Page 1 of 2
Subject Property: Ligon Mill Road Extension, Lakeview at Pemberly Apartment Community, Wake Forest, NC
UT to Richland Creek [03-04-02, 27-21, C NSW (nutrient sensitive)]
APPROVAL of Neuse River Buffer Rule (15A NCAC 02B.0233) AUTHORIZATION CERTIFICATE
Dear Mr. Blackwell:
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact
approximately 10,064 ft2 of Zone 1 and 5,554 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing
the Ligon Mill Road Extension at the subject property as described within your application dated May 8, 2003 (initially
submitted by Regency Development Associates on February 10, 2003). 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, 404 Permits, 401 Certifications, and non-discharge regulations.
This approval is only valid 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 authorization and approval letter and is thereby responsible for complying with all conditions. For this
approval to be valid, you must follow the conditions listed below.
Conditions:
1. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
2. Buffer Mitigation (WRP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate
for impacts to the protected riparian buffers is 38,523 square feet as required under this Authorization Certificate and
15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B.0233(9)(C). Until
the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no impacts
specified in this Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at [phone] if you have
any questions concerning payment into the WRP. For accounting purposes, this Authorization Certificate
authorizes payment into the Riparian Buffer Restoration Fund to compensate for 38,523 ft2 of required riparian
buffer mitigation for impacts to 15,618 ft2 (and 175 linear feet) of protected riparian buffers; 03-04-02 river and
subbasin, 27-21 stream index number."
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Page 2 of 2
3. Diffuse Flow (Review)
An additional condition is that all constructed stormwater conveyance outlets shall be directed to flow in a diffuse
manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. If this is not
possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. Additionally, a
stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein
are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that
diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. The plan shall be
approved by the DWQ before any of the impacts approved herein are conducted. The plan shall address
stormwater from the proposed Ligon Mill Extension as well as the associated Lakeview at Pemberly apartment
community.
4. Open-Bottom Culvert & Stormwater Management
The plans provided to the DWQ indicate that the proposed Ligon Mill Road Extension will use an open-bottom culvert to
cross the stream located below the pond. As long as no impacts occur to the stream during or after the installation of
this open-bottom culvert and the U.S. Army Corps of Engineers (USACE) do not require a 404 Permit then the project
will not require a 401 Certification from the DWQ. If the project requires notification for the use of a General Water
Quality Certification, Individual 401 Certification or Isolated Water Permit, then you are required to notify this Office and
a final, written stormwater management plan shall be approved in writing by this Office for the entire site (Ligon Mill
Road Extension and Lakeview at Pemberly Apartment Community) designed to remove 85% TSS according to the most
recent version of the NC DENR Stormwater Best Management Practices Manual.
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 "No Practical Alternatives" determination under 15A NCAC 2B .0233. If you have
any questions or would like a copy of the buffer rules, please call [phone]. This letter does not authorize any
impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers
(USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Alan W. Klimek, P.E.
NC DWQ, Director
cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC27614
David M. Koss, PE, Fenner & Proffitt, 125 W. Barnes Street, PO Box 1265, Wilson, NC 27894-1265
Regency Development Associates, 2700 Wycliff Road, Suite 315, Raleigh, NC27607
Christi Band, Ross/Deckard Architects, P.A., 8320 Litchford Road, Raleigh, NC27615
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Office
DWQ # 02-1804
Date: June 2, 2003
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OTC W A TF?,QG Michael F. Easley
Governor
t7... William G. Ross, Jr., Secretary
>_ ,I Department of Environment and Natural Resources
`t Alan W. Klimek, P.E., Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, LP Wake Forest Limited Partnership has permission as outlined
below to impact protected riparian buffers for the purpose(s) of constructing the proposed Ligon Mill Road Extension
and Lakeview at Pemberly development. All activities associated with these authorized impacts must be conducted
with the conditions listed in the attached authorization letter. THIS AUTHORIZATION CERTIFICATE IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Project No.: 02-1804
Date: June 2, 2003
LOCATION: Wake Forest
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (river/subbasin); 27-21 (stream index no.)
As required by 15A NCAC 2B .0233, you are required to compensate for the above impacts through the restoration,
creation, enhancement or preservation of wetlands, surface waters and/or buffers 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 WRP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).]
0 acres of Class W L wetlands
0 acres of riparian wetland
0 acres of non-riparian wetland
0 feet of stream channel
38,523 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A NCAC
2B .0233. If you choose this option, please sign this form and mail it to the WRP at the address listed 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 HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WRP.
Signature
WETLANDS RESTORATION PROGRAM (WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
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Michael F. Easley, Governor
v \''?` William G. Ross Jr., Secretary
VIP
t?dw L? Worth Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 15, 2003 ?C a ;V v l? i; r P DWQ Project No. 02-1804
r, ,, (}? ° k t 5° ?V Wake County j?W t?• Page 1 of 2
CERTIFIED MAIL: RETURN REkIPT REQUESTED "
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Regency Development Associates C t) 1' St ' /WAS
2700 Wycliff Road, Suite 315 1 a,??{ Q ?? 3,?7 ?-03
Raleigh, NC 27607 -7? T?.
Subject Property: Lakeview at Pemberly Apartment Community, Wake Forest, NC I
UT to Richland Creek [03-04-02, 27-21, C NSW (nutrient sensitive)] dLO? _J REQUEST FOR MORE INFORMATION
'ILL
To Whom It May Concern:
On April 1, 2003, the Division of Water Quality (DWQ) received your faxed response to our letter dated March 7, 20
The DWQ has determined that your application and additional information was either incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in order to process your
application to impact protected buffers on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2B .0233(8) and will
place this project on hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
1. Ligon Mill Road Extension
Please provide a revised plan depicting the revised fill slopes and clearing limits for the proposed road in the location
of the protected buffers and stream. Please revise your PCN application to account for these revised impacts and
proposed mitigation.
2. Buffers
Please provide a revised plan depicting the exact location of the buffers measured from the top of bank of the
streams. Please include both Zone 1 and 2 of the protected buffers. Please provide the area of any impacts to both
Zone 1 and 2.
3. Diffuse Flow & Stormwater Management
Please provide a stormwater management plan for this project that specifies all stormwater discharge points, plan
details, and calculations to indicate that diffuse flow through the protected buffers as described above will be achieved
for all discharge points that are not proposed to enter the pond. Alternatives to providing diffuse flow may exist if the
stormwater is treated for nitrogen removal prior to crossing the buffer and entering the stream.
4. Southern Stream Location
Please provide a revised plan that depicts the accurate location of buffers associated with this stream.
Please respond within three weeks of the date of this letter by sending this information to me in writing and to Mr. Tom
Steffens of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you
no longer want to pursue this project and we will consider the project as withdrawn.
North Carolina Division of Water Quality, Wetlands/401 Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Page 2 of 2
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ.
Please call me at [phone] if you have any questions regar ing this matter.
Sincerely,
John Dorney,
Wetlands/401 Unit, DWQ.
cc: David M. Koss, Fenner & Associates, Inc., 125 West Barnes Street / P.O. Box 1265, Wilson, NC 27893/27894-1265
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
DWO021804
April 15, 2003
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
Please note that this project was previously submitted as Lakeview at Pemberly
(DWQ 02-1804). However, the proposed roadway impacts are part of the Town of
Wake Forest Thoroughfare Plan and therefore, should be considered as a separate
and independent project from the adjacent development (per conversation with Bob
Zarzecki).
May 8, 2003
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
?a3o57
RE: Buffer Compliance
Ligon Mill Road Extension
Wake Forest, Wake County, North Carolina
S&EC Project #: 03-7714
Dear Mr. Dorney:
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MAY (' b 2003
07ERQUAL17YS CR
On behalf of LP Wake Forest Limited Partnership (property owner), we hereby request
written concurrence from the North Carolina Division of Water Quality that the project
complies with the Neuse Buffer Rules for buffer impacts associated with the installation
of an arch culvert. A Pre-construction Notification Application (PCN) is attached, which
includes an agent authorization form.
S&EC evaluated the area in the vicinity of the proposed road crossing for the presence of
wetlands in March 2003. Additionally, we examined the feature in the southeastern
corner of the property in order to determine its subjectivity to the Neuse Buffer Rules.
Although not depicted on the site plan, after exiting the property, the feature continues in
a southerly direction (i.e. the footprint of the buffer does not extend on-property). In June
2000, Mr. Steve Mitchell of the NC-DWQ conducted a site meeting. He determined that
the pond on-site is not subject to the buffer rules and that the stream located below the
pond is subject. A copy of his letter is attached.
The proposed Ligon Mill Road extension is a road shown on the Wake Forest
Thoroughfare Plan and is therefore believed by S&EC to constitute a separate and
complete project, independent of surrounding properties (see attached thoroughfare plan).
Charlotte Office, Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
May 8, 2003
S&EC Project #: 03-714
Page 2 of 2
However, because Ligon Mill extension is adjacent to the proposed Lakeview at
Pemberly project, the Town of Wake Forest is requiring LP Wake Forest Limited
Partenership, (applicant and developer of the Lakeview at Pemberly) to build the road.
The proposed project is located approximately 3000 feet north of the intersection of
Ligon Mill Road (SR 2400) and S. Main Street (Highway 1A). Please refer to the
attached map (Figure 1) for the project's location on a USGS topographic quadrangle.
Impacts 1- Buffer Compliance
The applicant proposes an arch culvert that will impact a total of 15,618 sq. ft. (Zone 1 -
10,064, Zone 2 - 5,554) of Neuse Buffers. Because there are no stream or wetland
impacts associated with the proposed roadway, only Buffer Compliance is required for
this activity. In the past, the USACE has generally considered impacts due to
thoroughfare projects separately (i.e. having independent utility) from the adjacent
development. Because no stream or wetland impacts are anticipated outside of the
roadway (i.e. no impacts within the Pemberly project boundaries) and the road is
part of the Town's thoroughfare plan, we do not believe that remainder of the
development should be subject to review. However, we have included plans for the
proposed development and incorporated the changes as requested by the NC-DWQ. All
stormwater discharge points are located outside. of the buffers and will attain diffuse flow
via level spreaders.
NC-DWQ's current policy requires written concurrence for buffer impacts of greater or
equal to 150 linear feet of stream length per project or greater than 1/3 acre. In order to
minimize impacts the project engineer has aligned the road to cross the stream channel at
an approximately perpendicular angle. In a further attempt to minimize impacts the
project engineer also designed a bottomless arch at the crossing. According to the project
engineer, this crossing will be constructed with an arch culvert that will totally span the
bed and bank of both sides of the stream channel and contain no mitered joints. Because
impacts exceed 0.33 acres, we propose payment to the NCWRP. We have forwarded a
copy of this application and a request for payment to the NCWRP. Because this project
does not require 401 certification we do not believe this project requires a pre-approved
stormwater plan. Details adequate to show that the Neuse Buffer rules are being
complied with for the outfalls along Ligon Mill Road are included.
Sincerely,
Todd Preuninger
Biologist
Attachments:
Mv-construction (PCN) notification form
Site Location Map-USGS (Figure 1)
Site Uxation Map- Soil Survey (Figure 2)
Stormwater/Site plan '(Overall & detail)
Agent Authaaization Form
Town of Wake Forest Thoroughfare Plan
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: LP Wake Forest Limited Partnership-- Nd".
Mailing Address: 2700 Wycliff Road, Suite 312
Raleigh, NC 27607
Telephone Number: 919-510-9660 Fax Number: 919-510-9678
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:_ Todd Preuninger
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: PreuningergSandEC.com
Pagel of 8
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: Ligon Mill Road Extension
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1830.04.83.2893
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): US 1 North follow US 1-A
towards Wake Forest at Ford Dealership follow US 1-A pass middle school turn left on
Forbes Road into Pemberly Subdivision Turn left on Stone Mt. and turn right on Long-born
following end of pavement
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): NA - Linear Project
7. Nearest body of water (stream/river/sound/ocean/lake): Richland 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/maps1/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped wooded site, residential subdivision, wide
transmission corridor crossed through site existing pond and dam
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project consists of extending Ligon Mill Road as part of the Town of Wake
Forest Thoroughfare Plan. Heavy equipment associated with road construction will be used.
11. Explain the purpose of the proposed work: Construction to extend roads as part of approved
master plan for development in this area by the Town of Wake Forest
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.
Buffer Determination - Mr. Steve Mitchell - June 5, 2000
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.
None anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
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: Proposed impacts consist of
10,064 sq. ft. of Zone 1 and 5,554 sq. ft. of Zone 2 of the Neuse Riparian Buffer due to road
construction. An arch culvert will be used in order to minimize impacts.
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (yes/no (linear feet)

NA NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: NA - Linear
Project
Total area of wetland impact proposed: None
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact leasespecify)

NA NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.Zov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com,
www.mUque,,t.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbod
y Type of Waterbody
Site Number Type of Impact* Impact
(if applicable) (lake, pond, estuary, sound,
indicate on ma (acres) bay, ocean, etc.)
NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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
Page 4 of 8
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed Ligon Mill Road extension is a road depicted on the Town of Wake Forest
Thoroughfare Plan and is therefore believed by S&EC to constitute a separate and complete
project, independent of surrounding properties. However, because Ligon Mill extension is
adjacent to the proposed Lakeview at Pemberly project, the Town of Wake Forest is requiring LP
Wake Forest Limited Partnership, (applicant and developer of the Lakeview at Pemberly) to
build the road. In order to minimize impacts the project engineer has aligned the road to cross
the stream channel at an approximately perpendicular angle. In a further attempt to minimize
impacts the project engineer also designed a bottomless arch at the crossing. According to the
project engineer, this crossing will be constructed with an arch culvert that will totally span the
bed and bank of both sides of the stream channel and contain no mitered joints. Because impacts
exceed 0.33 acres, we propose payment to the NCWRP. We have forwarded a copy of this
application and a request for payment to the NCWRP.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
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 5 of 8
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htip:Hh2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wr2/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): 38,523 square feet
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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.
Page 6 of 8
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No E] If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 10,064 3 30,192
2 5,554 1.5 8,331
Total 15,618 38,523
* Zone 1 extends out 30 feet perpendicular ftom near bank of channel; Zone l extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Payment into the Riparian Buffer Restoration Fund
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
NA - The road is considered an independent vroiect.
(Impervious surface on the adjacent property is 34.7%)
Page 7 of 8
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.
NA - application is for the construction of a roadway.
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. 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).
Construction of Ligon Mill Road is part of NCDOT Thoroughfare Plan and includes work in
public right-of-way that is not associated with private new apartment development.
Page 8 of 8
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Apr 25 03 03:30p
Zone 1 Impacts: 10,064 sq ft
Zone 2 Impacts: 5,554 sq ft
1
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Plan Detail Incomplete
. in
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipators, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please Indicate all buffer impacts on the site plan,
a Please Indicate proposed lot layout as overlays on the site plan.
? 'Please Indicate the location of the protected buffers as overlays on the site plan.
? Please locate all Isolated or non-Isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the locatfon of any proposed stormwater management practices as required by GC
? Please provide detall for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated bullt-out conditions.
? Please indicate all stormwater ouffalle on the site plan.
-Please Indicate the diffuse flow provision measures on the site plan.
? Please Indicate whether or not the proposed impacts already been conducted.
Avoidance and/or M nImfzefion Not Provided
v The. on the plans does not appear to be necessary. Please eliminate the
It is necessary.for this project
or provide additional Information as to why
? This Office believes that the [abated on the plans as can be moved or reconfigured to avoid the Impacts to the Please
revise the plans to avoid the Impacts.
This Office believes that the '1abWedon the plans aw can be moved or reconfigured to minimize the Impacts to the Plea
revise the plans to minimize the Imps is yye it `\ u•
The stormwater dischargeset the loc on on the plans labeled will not provide diffuse flow through the buffer because e Please
revise the plans and providecalculatlons to show that diffuse flow will be achieved through tho entire buffer. If It Is not possible to achieve diffuse
flow through the entire buffer then. it may be necessary to provide stormwater management practices that remove nutrients before the stormwater
can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was requested. Please provide $ This additional fee must be received before your application can be reviewed:
? Please complete Section(s) on the application.
0 Please provide a signed copy of the application. 2
? Please provide copies of the application, copies of the site plans and other supporting Information.
Mitigation i
? of compensatory mltigaffon Is required for this project. Please provide a compensatory mitigation plan. The plan must conform 2
to the requirements In 15 A NCAC 2H .0500 and must be appropriate to the type of Impacts proposed.
? Please Indicate which 404 Permit the USACE would use to authorize this project. 4
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