20031168 Ver 1_Complete File_20031006

O~
W A r~9 Michael F. Easley, Governor
O~ pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
j r Alan W. Klimek, P. E. Director
Division of Water Quality
p Y
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 6, 2003
DWQ Project No. 03-1168
Wake County
Page 1 of 2
John Wieland Homes and Neighborhoods of NC, Inc.
Attn: Mr. Justin Patsey
101-A Quails Field Court
Morrisville, NC 27560
Subject Property: Leonard Tract Sewer Extension, Falls of Neuse Road, Raleigh, NC
UT to Neuse River [03-04-02, 27-(20.7), C NSW (nutrient sensitive)]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS
Dear Mr. Patsey:
You have our approval, in accordance with the attached conditions and any conditions listed below, to place fill within or
otherwise impact 0.006 acres of wetlands and 20,173 square feet (ft2) (0.46 acres) of Zone 2 of the protected riparian
buffers for the purpose of installing a sewer line at the subject property, as described within your application dated
September 18, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C.
Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3374 (GC3374). The Certification(s)
allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USACE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Control and Non-discharge
regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the
General Certification.
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 Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B.0233(5).
2. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Protective Fencing

North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands

Mr. Patsey
Page 2 of 2
October 6, 2003
The outside buffer boundaries and along the construction corridor within these boundaries approved under this
authorization shall be clearly marked with orange fabric fencing (or similar high visibility material) for the areas that
have been approved to infringe within the buffer. This fencing shall be installed prior to any land disturbing activities
to ensure compliance with 15A NCAC 213 .0233. The protective fencing should be removed once construction is
complete.
4. Sewer Systems

The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system
regulations.

5. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as
"exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ.

6. Construction Plans
Any final construction plans for this project must include or reference the application and plans approved by the
DWQ under this authorization letter and certification.

Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 1508.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,

e~41an W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3374
Cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ # 031168
Date: October 6, 2003
bz

MEMORANDUM

TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Leonard Tract County Wake
Project Number 03 1168 County2
Recvd From APP Region Raleigh

Received Date 9/19/03 Recvd By Region
Project Type sewer easement

Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 HWF W-770 N F_- 27-(20.7) r C NSW 30,402. 0.01 F_ F_ F-

NBR Buffers;.... Y N ~r-1 30,402. 0.46iF- F-~
f f oY oN F_ F_ F__F__ F_ F__ F_ F__ F_

Mitigation Wetland
MitigationType Type Acres Feet

F_ r F_

Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N

Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/Cond O Deny

Provided by Region: Latitude (ddmmss) Longitude (ddmmss)

Comments:
October 3- 2003

Issue with statement to reflect minimization of buffer impacts through fill on edge of sewer corridor
with minimal tree disturbance.

cc: Regional Office
Central Office Page Number 1

Triage Check List f /It cap

jl L4~ v3 Project Name: mar, _(f` '
Date:
DWQ#: 03 Mob
County:

To: ? ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb

RRO Steve Mitchell

From: ,A,. Telephone : (919) 733-4-7-16

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues

Buffer Rul s (Neuse, ar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching

? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern

Comments: A-A

A-t

w sew

09/23/03 10:33 FAX [phone] WITHERS & RAVENEL IA002/002

WITHERS, 2"RAVENEL
ENGINEERS I PLANNERS I SURVEYORS 14

September 23, 2003

~Nnvab DS/401 GRMF
Mr. Todd Preuninger
Soil & Environmental Consultants, PA SEP 2 R 2ov
11010 Raven Ridge Road
Raleigh, NC 27614 NATER QUALITY SECTION
RE: Nelson Leonard Sanitary Sewer Easements
W&R Project No. 202004.1

Dear Todd:
We are writing this letter in support of the proposed sanitary sewer alignments traversing the Nelson
Leonard tract. Please note that a geotechnical investigation has been performed and a report has been
prepared by GeoTechnologies, Inc. dated April 9, 2003. Based on this report, shallow rock is a
relevant concern in the areas directly adjacent to the proposed sanitary sewer alignments. Note that
partially weathered rock was encountered at depths of 2.5 feet and 3 feet and auger refusal was
encountered at depths as shallow as 4 feet. Note that partially weathered rock may be removed with
rippable methods but blasting will most likely be required in areas where auger refusal was
encountered.
Given the severe topography located within the sanitary sewer corridors and the presence of shallow
rock, location of the sewer alignments becomes a primary concern. Locating the sewer lines any
further upslope will result in substantially deeper trench depths thereby requiring additional blasting
and significantly increasing the costs of installation.

For instance, moving the alignment upslope 20 feet can result in 6 to 8 feet deeper trenches in some
locations depending on the topography. This would add approximately $60 per linear foot of cost for
the additional blasting that would be required. In addition, more land disturbance would be required
in order to lay the trench slopes back during installation.
Please note that installation costs will be significant even with the proposed alignment; however,
locating the sewer any further upslope will be detrimental to the construction costs associated with the
sewer line.

Please advise if you require additional information or have any questions.

Sincerely,
WITHERS &RAVENEL, INC.

Robbie Oldham, PE

Attachments

cc: Justin Patsey -John Wieland Homes

v1 MacKenan Drive i Cary, North Carolina 77511 1 tel: [phone] i fax: [phone]ooB i www.withersravenel.corn

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0 2. BOUNDARY INFORMATION SHOWN ON THIS SEWER PROPOSED SANITARY
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INFORMATION SHOWN ON SHEETS 2-5 BASED - -
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N EX. CITY OF RALEIGH SANITARY - MEAKIN DR
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OVERALL WETLANDS & NEUSE RIVER RAVENEL
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RTO moo4.1 CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA tel: [phone] MMM.Mithersravenel.coo far. 919-467-boob

Post-it" Fax Note 7671 Data peges?
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EXISTING 30' CI`IY OF RALEIGH CoJDapt. Co.
SANITARY SEWER EASEMENT.
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Phone # Phone #
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SCALE: 1"=60' DATDAT~. 08129103

Note; See Overall Wetlands Impact Map For Area Location & Notes -m. o 60 Z of 5

WITHERS & RAVENEL LEONARD TRACT SANITARY
ENGINEERS 1 PLANNERS I SURVEYORS SEWER EXTENSIONS
Ili PIRCRenall 01`1" dry, wth ra nllnm 27111 tel: D1A-4mc^y_ j /,7e. 910-IRI-f40 MMM.111th r4rft,e1.C= C" OF RALEIGH WAKE COUNTY NORTH CAROLINA

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SCALD: 9"= 60' DATE. 08179103
Note, See Overoll Wetlands Impact Map For Area Location do Notes M. aQ, 3 of 5

WITHERS & RAV E N E L LEONARD TRACT SANITARY
ENGINEERS I PLANNERS I SURVEYORS SEWER EXTENSIONS
111 M URANO Dr,ve QTY. Nvth cwo,,,,, IMI 919-+69-334 t, 019_,97-606 CITY OF RALEIGH WAKE COUNTY NORTH CAROLINA

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SCALE: 1"=60' DATE' 08129103
Note: See Overall Wetlonds Impact Mop For Area Location de Notes , 4 of 5

WITHERS RAVENE:L LEONARD TRACT SANITARY
ENGINEERS I PLANNERS I SU1tvEYORS SEWER EXTENSIONS
I„ 6..OrIve CKY, Wt6 CANIIM 2711H tel: 00.009-3W /a' 0l9 467-9056 _ 4 Il1M,rRMn!''"" CITY OF RA UCH WAKE COUNTY NORTH CAROLINA

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SCALE: 160' DATE,' 08/29/03
Note: See Overall Wetlandn Impact Map ror Area Location k Notes 60, 30' o ~0 5 of 5

W I T H E FR S& RAV E N E L LEONARD TRACT SANITY CRY
ENGINEERS I PLANNERS I 5URVE70RS SEWER EXTENSIONS
ff+ Neclfenan orlre Cary, North CarnllRa 27911 (!I. 919-AFG-QUO fas, a,4-X57-BPQO ew .IfMffr...nel.cae
CITY OF RALEIGH WAKE COUNTY IJQRTH CAROLINA

Triage Check List

Date: Project Name: le__oo/tAr^ ~Q
DWQ#: C~ 110

County:

To: ? ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
_ff R o Steve Mitchell

From. L~' TelePhone : (919) 23 ,-~6

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

? Stream length impacted

? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
-Bnffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)

? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?

? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern

Comments:

er
•
• Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SandEC.com

September 18, 2003

NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Andrea Wade
2321 Crabtree Blvd 6508 Falls of the Neuse Rd., Ste. 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604

'~ET'l.P~1~~ ~1P
RE: NWP 12 and Buffer Compliance
Leonard Tract - Sewer Easement 4 F P I A 2003
Raleigh, Wake County, North Carolina
S&EC Project 03-5967.W2 NATER QUALITY SECTION

Dear Mr. Dorney and Ms. Wade:

On behalf of John Wieland Homes (purchaser, under contract), we hereby request
authorization from the US Army Corps of Engineers to use Nationwide Permits 12 to
cover impacts to wetlands (see attached overall map). We also request written
concurrence from the North Carolina Division of Water Quality that the project complies
with the Neuse Buffer Rules for impacts associated with proposed utility lines. A Pre-
construction Notification Application (PCN) is attached, which includes an agent
authorization form.

S&EC evaluated the site for the presence of wetlands in July 2003 and submitted a
delineation map for USACE approval in March 2003. S&EC conducted a site meeting
with Ms. Andrea Wade of the USACE and she agreed with our delineation.

The purpose of this project is to construct a residential subdivision that will meet the
demand for housing in this area. In order to provide the infrastructure for the proposed
subdivision (i.e. water and sewer), impacts to the riparian buffer cannot be avoided.
Specifically, an existing sewer line is located off-site adjacent to the Neuse River. Due to
topography (i.e. steep slopes and rock outcrops) and negotiations with the current
property owner, impacts to the buffer are unavoidable. Additional impacts are
anticipated within the proposed subdivision; however, the final alignment has not yet
been determined. Impacts to the riparian buffer include 20,173 square feet of Zone 2.
Wetland impacts consist of 270 square feet.

Charlotte Office: Greensboro Office: Hicks 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]

September 18, 2003
S&EC Project 03-5967.W2
Page 2 of 2

The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses for impacts to forested wetlands.
The applicant requested a detailed delineation of wetlands present on the site prior to
construction in order to avoid wetland impacts. Because of rock outcrops and topography,
wetland impacts are unavoidable. Because wetland impacts are minimal and could not be
avoided, S&EC does not believe compensatory mitigation should be required by the
USACE for this project.

NC-DWQ's current policy requires written concurrence for parallel impacts to the
Riparian buffer due to the installation of a utility line. The current buffer rules classify
this as an allowable activity with prior approval and therefore, would not require
mitigation.

Sincerely,

Todd Preuninger
Biologist

Attachments:
Pre-construction (PCN) notification form
Site Location Map-USGS (Figure 1)
Site Location Map - Soil Survey (Figure 2)
Proposed Wetland Impact Maps
Agent Authorization Form

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: 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 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: Leonard Tract (Sewer easement)
Mailing Address: John Wieland Homes and Neighborhoods of NC, INC
Mailing Address: Attn: Justin Patsey
101-A Quails Field Court
Morrisville NC 27560

Telephone Number: 919-481-3309 Fax Number:
E-mail Address:

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: preunin er SandEC com

Page 1 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: Leonard Tract Sewer Extension

2. T.I.P. Project Number or State Project Number (NCDOT Only): NA

3. Property Identification Number (Tax PIN): NA

4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): The proposed sewer extension is
located east of the intersection of Falls of the Neuse Road and the Neuse River.

5. Site coordinates, if available (UTM or Lat/Long): NA
(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

7. Nearest body of water (stream/river/sound/ocean/lake): Neuse

8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admiii/maps/.)

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 existing easement is wooded the adjacent properties
consist of residential housing.

Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the installation of a gravity sewer line Typical heavy equipment will be
used during construction.

11. Explain the purpose of the proposed work: The purpose of the proposed work is to extend
and existing sewer line in order to provide the infrastructure for a proposed subdivision.

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.
Wetlands were delineated in March 2003 by Soil & Environmental Consultants PA.
Ms. Andrea Wade conducted a site meeting and agreed with our determination.
Buffers were confirmed by Mr. Matt Flynn of the NC-DWQ in January 2001.

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.
Additional utility line impacts are anticipated within the proposed subdivision however the final
alignment has not been resolved.

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: The proposed impacts consist of 270
square feet of jurisdictional wetlands.

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) (es/no) (linear feet)
Impact 2 Temporary 0.006 Possibly 200 feet Headwater forest
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, 611,
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 htlp:/hvww.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
Total area of wetland impact proposed: 0.006
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 (please seci )
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.usgs.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.toPozone.com,
wwNv.map uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (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
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA

Page 4 of 8

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA

Size of watershed draining to pond: NA Expected pond surface area: NA

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In order to provide the infrastructure for the proposed subdivision (i.e. water and sewer), impacts
to the riparian buffer cannot be avoided. Specifically, an existing sewer line is located off-site
adjacent to the Neuse River. Due to topography (i.e. steep slopes and rock outcrops) and
negotiations with the current property owner, impacts to the buffer are unavoidable.
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.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)

Page 5 of 8

of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because impacts to wetlands are temporary and the buffer impacts are allowable with
prior approval we do not believe mitigation should be required.

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/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA

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.
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

Page 6 of 8

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 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify
Yes ® No ? 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 Multiplier Required
(square feet) Mitigation
1 NA 3 NA
2 20,173 1.5 NA
Total 20,173 NA
* "Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 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.
NA

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

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.
Sanitary sewer

Page 7 of 8

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (I 5A 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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of 8

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FIG. 1

Project M Scale:
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Project Date: Soil & Environmental Consultants, Inc.
Mgr.: KM IM0100 Lowery Tract (Falls of Neuse) 11010 Raven Ridge Rd. - Raleigh, NC 27614
Sandier Wakefield LLC [phone] • [phone]
Raleigh, Wake County, NC
Web Page: www.SandEC.com

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FIG. 2

Project 0: Scale:
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Project - Date: Figure 2 -Soil Survey Soil & Environmental Consultants, Inc.
Mgr.: KM 12/20/00 Lowery Tract (Falls of Neuse)
Sandler Wakefield LLC 11010 Raven Ridge Rd. - Raleigh, NC 27614
Raleigh, Wake County, NC [phone] • [phone]
Web Page: www.SandEC.com

08/08/03 09-05 FAx [phone] WITHERS & RAVENEL U002

s

Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh. North C Avllna 27614 • Phone: [phone] Fax: [phone]
www.SondEC.com
j AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name:

Address; _
Phone: q 1 y - `1 33~ °1

Project Name/ Description:

Date: 03
The Department of the Army
US. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn:
Field Office;

Re: Wetlands Related Consulting and Patting

To Whom It May Concem:

I, the current gro per owner, hereby designate and authorize Soil do Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon reque t
supplemental in support of applications, etc. from this day forward. The day of

This notification supersedes any previous correspondence concerning the agent for this project.

NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should can S&EC
to arrange a site meeting prior to visiting the site.

-J Nqk~4 - Q - F ,
Print Property Owner's N me Pro Arty Owner's Signs e

cc: Mr. John Dorney cc: Mr. Todd Preuninger
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604 NoT EL.' ~ d.w., C. U~{- fi
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Concord, NC 28025 Greensboro, NC 27455 TrylorrAlle, NC 28681
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