HomeMy WebLinkAbout20051594 Ver 1_Complete File_20050819W AT 1?9?G
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 6, 2005
DWQ# 05-1593
Mecklenburg County
Mr. Darin Piene
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: Lake Mist Storm Drainage Project, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Piene:
You have our approval, in accordance with the attached conditions and those listed below, to impact
197 linear feet (If) of unnamed stream to Kings Branch in order to complete the Lake Mist Storm project
Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on
August 19, 2005. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3494, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number
3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 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 in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification (please note conditions #9 & #16), you must also
comply with the following conditions:
1. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the stream
bed, unless approved by the DWQ.
2. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving
streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
Np
One
r hCarolma
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Intemet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748
An Equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
4. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality.
5. Continuing Compliance. The applicant (City of Charlotte) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines
that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that state or federal law is being violated, or that further conditions are necessary to assure compliance,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided
to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, 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 that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Mecklenburg County, Water Quality
Central Files
Greg Antemann
0
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
www.SandEC.com
August 19, 2005
2 0 0 5 1 5 9 4 &EC Project # 8894.W3
To:
From:
Re:
t
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Jason Payne
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
COURTESY COPY ONLY - GC3402
Raleigh, NC
g-
AUG 1 5 2005
VIETuvq 0S AND 5 C c`i'WA TER uRKJCH
On behalf of the owner, Yassir Issa, please find attached a.complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers
(USACE) that the activities proposed below may proceed under Nationwide Permit 39 (for road
construction associated with the development). It is our understanding that the proposed
activities do not require notification to or written authorization from the N.C. Division of Water
Quality (DWQ) to proceed under General Water Quality Certification GC3402; as such we are
only providing you a courtesy copy for your records. Please contact meat (919) 846-5900 if you
have any questions or require additional information. If we do not hear from you within 30 days of
the date of this letter we will assume that you agree that notification is not required for the
proposed activities.
PPO.IFr..T SI IMNIARY
Project Name Ebenezer ark
Project Type Residential Subdivision Road
Owner / Applicant Yasir Issa
Count Wake
Nearest Town Raleigh
Waterbod Name UT Pots Branch
Basin / Sub-basin 03-04-02
Index Number 27-33-9-1
Class B;NSW
IMPACT S1 1MMARY
Stream Impact (acres): 0.01
Wetland Impact (acres): 0,03
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.04
Total Stream Impact (linear feet): 102
Attachments:
Pre-construction Notification (PCN) Application Form Figure 2, Soil Survey Map - Sheet No. 27
Agent Authorization Preliminary Subdivision Plan (Overall Site Plan)
DWQ Buffer Letter (NBRRO 05-042) Impact Schematic
Figure 1, NC USGS Map Stream Crossing Cross-Section
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: (704) 720-9405 Phone: (336) 540-8234
Fax: (704) 720-9406 Fax: (336) 540-8235
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP12 & NWP39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information - PIE Q9 B U Y\/ L___?J DP
1. Owner/Applicant Information
Name: IS Partners, Inc. AUG 1 9 2005
Mailing Address: Attn: Yasir Issa aENR - INNFER GU.f,LITY
5217 Blakeley Ln. VVETl DS AND STOR 'KATER BV44H
Raleigh, NC 27613
Telephone Number: (919) 308-4826 Fax Number: (919) 573-0759
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: Jason Payne
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: (919) 846-5900
E-mail Address: jpayne@sandec.com
Fax Number: (919) 846-9467
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than I1 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: Ebenezer Park
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 0777.03 44 8700 & 0777.02 55 1142
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Ebenezer Park
Directions to site (include road numbers/names, landmarks, etc.):
The project site is located roughly 1000' west of Ebenezer Church Rd.,
approximately 0.6 mile south of the intersection with US 70 (Glenwood Ave.).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8778 ON 78.7483 °W
6. Property size (acres): + 8.5 acres
7. Name of nearest receiving body of water: UT to Pots Branch (27-33-9-1; B;NSW)
8. River Basin: Neuse River (03-04-02)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/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:
Page 2 of 9
The site is currently forested. Land use in the vicinity of this site is primarily
residential. Residential areas surround this property in each direction.
10. Describe the overall project in detail, including the type of equipment to be used:
The overall project is the construction of a residential subdivision. Specifically, the
project includes the construction of a two-lane road within Ebenezer Park residential
subdivision. The road is designed to be a paved, asphalt road with curb and gutter.
The remainder of the subdivision will include approximately 14 single-family
residential lots of approximately 0.5-acres each and -0.5-acres of open space.
Equipment used will include those typical for land clearing, grading, excavating, and
general construction of a residential subdivision.
11. Explain the purpose of the proposed work:
The purpose of the proposed subdivision is to meet the need for housing in the area.
The impact resulting from road construction will provide two points of ingress and
egress for residents while also allowing access to the property's interior by crossing
a stream that bisects the parcel from east to west.
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.
On 8 February 2005, S&EC completed a wetland delineation of site. On 10 March
2005, Mr. Sean Clark of S&EC and Mr. Todd Tugwell of the USACE reviewed
potentially jurisdictional features on site and determined that one non-mitigable stream
and one wetland area exist on site. Mr. Michael Horan of the NC-DWQ confirmed on 3
August, 2005 that no streams subject to the Neuse Buffer Rule exist on the site. A copy
of Mr. Horan's findings is attached in the buffer letter dated 11 August, 2005
(NBRRO#05-209).
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 permit requests are anticipated for this property.
Page 3 of 9
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The proposed impacts include the installation of one road crossing with associated
stream and wetland impacts. The proposed crossing will include installation of a single
36" RCP. The pipe will be installed at a depth 1-foot below the existing streambed at a
slope of approximately 2.67%. The adjacent wetland area will be disturbed during
grading and filling for the roadbed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
eslno Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
Impact #1 Fill Forested/Riparian No 0 0.03
Total Wetland Impact (acres) 0.03
3. List the total acreage (estimated) of all existing wetlands on the property:
Approximately 0.103-acres of wetlands exist on the site.
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,
Page 4 of 9
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
Impact #1 UT to Pots Branch Road/Culvert Intermittent 2 feet 102 0.01
Total Stream Impact (by length and acreage) 102 0.01
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name
(if applicable) Wateplicablle) e)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01
Wetland Impact acres : 0.03
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.04
Total Stream Impact (linear feet): 102
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Page 5 of 9
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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.
The proposed road impact is necessary because it is the only route available that
provides two points of ingress and egress for the site. Impacts were minimized by
situating the road along the western portion of the wetland area.
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.
Page 6 of 9
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/stn-ngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach,
a separate sheet if more space is needed.
Because the proposed impacts are below the thresholds required by NC-DWQ for
mitigation, and the proposed impacts will occur along waters of the US with that will
not require mitigation by the USACE (per Todd Tugwell's site visit), mitigation should
not be required.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/)M/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
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 7 of 9
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
ROAD CROSSING: IMPACT #1
Zone* Impact
(square feet Multiplier Required
Mitigation
1 0 0 0
2 0 0 0
Total 0 0
*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.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
It is anticipated that the percent impervious surface for the subdivision is 26.5%. See
Preliminary Subdivision Plan for details of impervious surface.
Page 8 of 9
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The development will connect to an existing sanitary sewer system. The municipality
will ensure that this development does not exceed the available capacity of the facility.
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
S&EC is not aware of any violations at this development.
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
? l 9 os
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
i'IHi?7-?l`J4JU' U1:441' rKUM:
03/09/2005 13:59 FAX.
Soil & Environmental
11010 Raven Rirge Road Ra1a",g1,; North CatgEM 2?614
waw.SaniEC.coa
T0:8469467 P:1r1
10002
Consi ,ltants, PA
Phone: (919) 846- pM • Fax: (919) 84&9467
AGENT AMHIORIZA2'ION FORM
Address. .J 7i j rL Z-14
77 4613
Phone: '7 O L
Project Name/Description:
Date: !E A7 o
The Departrnont of the Army
US. Army Corps of Engineers, Wilmington Dis(rk--t
P.O. Box 1890
W1lmmgton, NC 28402
.Attn:
Field Office:
Re: Wetlands Related Consulting and Permittirn.g
TO Whom It May Concern:
1, the current Property owner, hereby designate .:and authorize So 11 & Environmental ; onstAtants, PA to
act in my behalf as my agent in tlv!! processing of permit applications, to furnish upoi, request
supplemental inf, hor support of applicai ions, etc. from this day forward. Tht day of
c
1A -
This notification supersedes any previous tornespcmdence concerning the agent for d is project.
NOTICE: This authorization, &M liaba' q end:?rafessional courtesy reasons, is val d only for government officials to enter the property wheca acrorlapanded by S&EC staff. You ;40um can S&EC
to arrange a site meeting prior to visiting the sire
Print Property Owner's Name
7
re
cc Ms. Cyndi Karoly Zcc: Mr. Sean Clark
NCDENR- DWQ Steil & Environmenta Consultants, PA
7321 Crabtree Boul-•h«A
Raleigh, NC 27604
236 LePbiWp G'ouit. Suite C Gr=yshom WE=
COM04 NC 28025 3817-E Lawndaie Drive
Phone: (704) 720.9405 G,eensbam. NC 27455
r- Mm 7-M-940A Phoise: (336) 540-8334
Fax: (336) 540-8235
F WAIF Michael F. Easley, Governor
William G. Ross Jr., Secretary
`?? QG North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
p -? Division of Water Quality
August 11, 2005
-----------------
U NBRRO#05-209
County: Wake
Jason Payne
S & Ec H AUG 1 7 2005 01
11010 Raven Ridge Road
Raleigh, NC 27614 By: Sal 6 Environmental Consultants, PA
Attn: Mr. Payne
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B.0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Hamilton Parcels IS Partners
Location/Directions: North of the intersection of SR 1647 & SR 1649 near William B Umstead State Park
Subject Stream: UT to Pots Branch
Date of Determination: 8/3/05
Feature Start Buffer
GPS Points (if
provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located on
USGS
Topographic
A Not Subject 18 Xl
B Not Subject X
Raleigh Regional Office 1628 Mail Service Center N( EP t
Water Quality Section Raleigh, NC 27699-1628
phone (919) 791-4200 Customer Service
facsimile (919) 571-4718 1-877-623-6748
Hamilton Parcels
IS Partners
S & EC # 8894.wl
8/11/2005
Page 2 of 2
This on-site determination shall expire five (3) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DIVQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request fora determination by the
Director shall be referred to the Director in writing e% Cyndi Karoly, DiVQ WetlandV401 Unit, 2321 Crabtree
Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affectedparty (including downstream and adjacent landowners) is notified of
this decision. D{VQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 130E of the North Carolina General Statutes to the Office -of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
The (ownerlfuture owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Michael Horan
Environmental Spec. I
CC: Land Quality, 3800 Barrett Drive, Raleigh, NC
Jean Maneule, US Army Corps of Engineers, Raleigh Regulatory Office
Wetlands/ Storravmter Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
File Copy
Central Files
R
Project C Scale:
8894.W1 1":1320'
M9r.: SC 7113104
Figure 2 - Soil Survey
Map
(Sheet 27)
Hamilton Parcels
IS Partners
Wake County, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd." Raleigh, NC 27614
(919) 846-5900 " (919) 846-9467
Web Page: www.SandEC.com
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Sc Wetland Sketch Map
Project No, Scale:
8894,W2 1" m 100'
Project Mgr.: 02111/05
Hamilton Parcels
IS Partners
Wake Co., NC
Prepared by:
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Soil & Environment .d Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
A (919) 846.5900 • (919) 846-9467
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Project Mgr.: IS Partners 11010 Raven Ridge Rd.- Raleigh, NC 27614
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Wake Co., NC Web Page: www.SandEC.com
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Project Date: Map Soil & Environmental Consultants, PA
Mgr.: SC 7113104 (Sheet 27) 11010 Raven Ridge Rd.- Raleigh, NC 27614
Hamilton Parcels (919) 846-5900 • (919) 846-9467
IS Partners Web Page: www.SandEC.com
Wake County, NC
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WITHERS & RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive Cary, North Carolina 27511 tel: 919-469.3340 (ax: 919-467-6008 www.withersravenel.com
119.9'
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SCALE: I" = 50'
EX. GRADE
CENTERLINE
06/27/04 EBENEZER PARK
1„-50'H;1.,-5'V STREAM CROSSING CROSS-SECTI(
MS RALEIGH, NORTH CAROLINA
t.
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
www.SandEC.com
August 19, 2005
S&EC Project # 8894.W3
To: N.C. Division of Water Quality 2 0 0 5 1 5 9
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Jason Payne
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road.
Raleigh, NC 27614
Re: COURTESY COPY ONLY - GC3402
Raleigh, NC
Ric
AUG 2rr
i4 gSAYDS- iP 41r, L j"' y
On behalf of the owner, Yassir Issa, please find attached a complete application.and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers
(USACE) that the activities proposed below may proceed under Nationwide Permit 39 (for road
construction associated with the development). It is our understanding that the proposed
activities do not require notification to or written authorization from the N.C. Division of Water
Quality (DWQ) to proceed under General Water Quality Certification GC3402; as such we are
only providing you a courtesy copy for your records. Please contact me at (919) 846-5900 if you
have any questions or require additional information. If we do not hear from you within 30 days of
the date of this letter we will assume that you agree that notification is not required for the
proposed activities.
PRn.1FCT S1IMMARY
Project Name Ebenezer ark
Project Type Residential Subdivision Road
Owner / Applicant Yasir Issa
Count Wake
Nearest Town Raleigh
Waterbod Name UT Pots Branch
Basin / Sub-basin 03-04-02
Index Number 27-33-9-1
Class B;NSW
IMPACT St1MMARY
Stream Impact (acres): 0.01
Wetland Impact (acres): 0.03
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.04
Total Stream.lmpact (linear feet): 102
Attachments:
Pre-construction Notification (PCN) Application Form Figure 2, Soil Survey Map - Sheet No. 27
Agent Authorization Preliminary Subdivision Plan (Overall Site Plan)
DWQ Buffer Letter (NBRRO 05-042) Impact Schematic
Figure 1, NC - USGS Map Stream Crossing Cross-Section
Charlotte Office:
236'LePhillip Court, Suite C
Concord, NC 28025
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
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.
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP12 & NWP39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
1. Owner/Applicant Information
Name: IS Partners, Inc.
Mailing Address: Attn: Yasir Issa
5217 Blakeley Ln.
Raleigh, NC 27613
wETIWDS k"D STOW ER Telephone Number: (919) 308-4826 Fax Number: (919) 573-0759
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: Jason Payne
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467
E-mail Address: jpayne@sandec.com
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Ebenezer,Park
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 0777.03 44 8700 & 0777.02 55 1142
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Ebenezer Park
Directions to site (include road numbers/names, landmarks, etc.):
The project site is located roughly 1000' west of Ebenezer Church Rd.,
approximately 0.6 mile south of the intersection with US 70 (Glenwood Ave.).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8778 ON 78.7483 °W
6. Property size (acres): ± 8.5 acres
7. Name of nearest receiving body of water: UT to Pots Branch (27-33-9-1; B;NSW)
8. River Basin: Neuse River (03-04-02)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/ih2o.enr.state.ne.us/admin/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:
Page 2 of 9
The site is currently forested. Land use in the vicinity of this site is primarily
residential. Residential areas surround this property in each direction.
10. Describe the overall project in detail, including the type of equipment to be used:
The overall project is the construction of a residential subdivision. Specifically, the
project includes the construction of a two-lane road within Ebenezer Park residential
subdivision. The road is designed to be a paved, asphalt road with curb and gutter.
The remainder of the subdivision will include approximately 14 single-family
residential lots of approximately 0.5-acres each and -0.5-acres of open space.
Equipment used will include those typical for land clearing, grading, excavating, and
general construction of a residential subdivision.
11. Explain the purpose of the proposed work:
The purpose of the proposed subdivision is to meet the need for housing in the area.
The impact resulting from road construction will provide two points of ingress and
egress for residents while also allowing access to the property's interior by crossing
a stream that bisects the parcel from east to west.
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.
On 8 February 2005, S&EC completed a wetland delineation of site. On 10 March
2005, Mr. Sean Clark of S&EC and Mr. Todd Tugwell of the USACE reviewed
potentially jurisdictional features on site and determined that one non-mitigable stream
and one wetland area exist on site. Mr. Michael Horan of the NC-DWQ confirmed on 3
August, 2005 that no streams subject to the Neuse Buffer Rule exist on the site. A copy
of Mr. Horan's findings is attached in the buffer letter dated 11 August, 2005
(NBRRO#05-209).
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 permit requests are anticipated for this property.
Page 3 of 9
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The proposed impacts include the installation of one road crossing with associated
stream and wetland impacts. The proposed crossing will include installation of a single
36" RCP. The pipe will be installed at a depth 1-foot below the existing streambed at a
slope of approximately 2.67%. The adjacent wetland area will be disturbed during
grading and filling for the roadbed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
Impact #1 Fill Forested/Riparian No 0 0.03
Total Wetland Impact (acres) 0.03
3. List the total acreage (estimated) of all existing wetlands on the property:
Approximately 0.103-acres of wetlands exist on the site.
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,
Page 4 of 9
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
Impact #1 UT to Pots Branch Road/Culvert Intermittent 2 feet 102 0.01
Total Stream Impact (by length and acreage) 102 0.01
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water. Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01
Wetland Impact acres : 0.03
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.04
Total Stream Impact (linear feet): 102
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Page 5 of 9
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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.
The proposed road impact is necessary because it is the only route available that
provides two points of ingress and egress for the site. Impacts were minimized by
situating the road along the western portion of the wetland area.
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.
Page 6 of 9
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)
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 the proposed impacts are below the thresholds required by NC-DWQ for
mitigation, and the proposed impacts will occur along waters of the US with that will
not require mitigation by the USACE (per Todd Tugwell's site visit), mitigation should
not be required.
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/vnp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
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 7 of 9
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify, )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
ROAD CROSSING: IMPACT #1
Zone* Impact Multiplier Required
(square feet Mitigation
1 0 0 0
2 0 0 0
Total 0 0
*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 213.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
It is anticipated that the percent impervious surface for the subdivision is 26.5%. See
Preliminary Subdivision Plan for details of impervious surface.
Page 8 of 9
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The development will connect to an existing sanitary sewer system. The municipality
will ensure that this development does not exceed the available capacity of the facility.
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
S&EC is not aware of any violations at this development.
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
8// 910_s
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
i•iH r -J-CUVJVJ U1:4'+N f-KUM:
0310912005 13:59 FAX
Name:
Address:
(C
- 27 Bf 3
Phone: `7 U C
Project Name/Description :?? r-t+? / ?- `) a S
Date:
The Depar nient of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wllmutgton, NC 28402
.Attn:
Field Office: le
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current yroperty owner, hereby designate lmd authorize Soil & Environmental consultants, PP, to
act in my behalf as my agent.in th• processing of permit applications, to furnish upo, request
su?mer W inf?atio support of applicatians, etc. from this day forward. Thi ?? day of
v e-
This notification supersedes any previous correspcmdence concerning the agent for d {s project.
NOTICE: Ti is authorization, fin liability and ;professional cotidesy reasons, is va3
government officials to eater the property whew accompanued by S&EC staff. You
to arrange a site meeting prior to visiting the si 1c „
GL$ ?' - ??Sd? ?? ?c i et3
Print Property Owner's Name
d only for
'should call S&EC
7
re
cc: Ms. Cyndi Karoly ?c: Mr. Sean Clark
NCDENR- DWQ Soil & Environments Consultants, PA
2321 Crabtzee Boulevard
Raleigh, NC 27604
236 L.ePh Hp Court, Suite C UIC=S6oro om
Concord. NC 28025 3$17-E L.aWndale Drive
Phone: (704) 7209405 Greensboro. NC 27455
1Z.- renal 7-vi-G4n6 Phone: (336) 540-8234
Fax: (336) 540-6235
Environmental.
Rmd Raleigh; North Camlinn 27614 • 7
wvmsaniEccom
TO:8469467 P:1/1
121002
MMMMMM?
Cons 1tants, PA
%Mt: (919) 84& X0(1 • Fax: (919) 84&9467
AGENT AU7,TYORIZAJJON FORM
All Blank:; To Be.Fille(t i n- By J'h current Landowner
s s? C ^ V,4 ti')
WArk F Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
--71 Colleen H. Sullins, Deputy Director
Division of Water Quality
a -
August 11, 2005
c v u Y E II II NBRRO#05-209
Jason Payne
S&EC
11010 Raven Ridge Road
Raleigh, NC 27614
Attn: Mr. Payne
BASIN:
Neuse River X
Tar-Pamlico
County: Wake
(15A NCAC 2B.0233)
(15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Hamilton Parcels IS Partners
Location/Directions: North of the intersection of SR 1647 & SR 1649 near William B Umstead State Park
Subject Stream: UT to Pots Branch
Date of Determination: 8/3/05
Feature Start Buffer
GPS Points (if
provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located on
USGS
Topographic
A Not Subject 18 X
B Not Subject X
AVA
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
AUG 17 2005
By: W & En4onmental Consultants, PA
phone (919) 791-4200 Customer Service
facsimile (919) 571-4718 1-877-623-6748
Hamton Parcels
IS Partners
S & EC n 8894.wl
8/11/2005
Page 2 of 2
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the D1VQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination: by the Director. A request for a determination by the
Director shall be referred to the Director in writing C/o Cyndi Karoly, DIVQ Wetlands/401 Unit, 2321 Crabtree
Blvd, Raleigh, NC27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affectedparty (including downstream and adjacent landowners) is notified of
this decision. DTVQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written: petition, which conforms to
Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 2 7699-6 71 4. This determination is final and binding unless you ask for a hearing
within 60 days
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Michael Horan
Environmental Spec. I
CC: Land Quality, 3800 Barrett Drive, Raleigh, NC
Jean Maneule, US Army Corps of Engineers, Raleigh Regulatory Office
Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
File Copy
Central Files
rPrOjeftt i" t?2o'
Figure 2 - Soil Survey
Date: MaP M ntsroa (Sheet 27) Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
Hamilton Parcels (919) 846-5900 • (919) 846-9467
IS Partners Web Page: www.SandEC.com
Wake County, NC
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Wake Co., NC Web Page: www.SandEC.com
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ENGINEERS 1 PLANNERS I SURVEYORS 1"-50'H;1"-5'V STREAM CROSSING CROSS-
111 MacKenan Drive Cary, North Carolina 27511 tel: 919-469-3340 fax: 919-467-6008 www.withersravenel.corn ms RALEIGH, NORTH CAROLINA