20050172 Ver 1_Complete File_20050505

1-7

ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 245-2575
°pntp of O
Erosion Control Division r~°P 306F Revere Road
a * ir~s
[phone] „ r. P O Box 8181
[phone] (FAX) 'r Hillsborough, NC
www.co.orange.nc.us 27278
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May 26, 2005
Mr. Mark O'Neal
Land Ventures I, LLC
PO Box 52118
Durham, NC 27717

Mr. Billy Green, Jr.
Summit Consulting Engineers
1000 Corporate Drive
Suite 101
Hillsborough, NC 27278

RE: Erosion Control Plan Review
Tree Farm Phase II

Dear Messrs. O'Neal & Green:

After reviewing your submittal for the above-referenced project, the following
items still need to be addressed before an approval can be issued.
1. Your 401 certification states 237' of impact, while the S&EC Notification of
Statutory Status to USACE dated 4/28/05 states 250' of impacts. Why the
discrepancy? Also, what does "potential wetland" mean? Is this
jurisdictional, or possibly subject to Orange County Buffers?
2. Please approximately (No survey required) show Orange County Buffers
on all water features in Phase II. No basins are allowed within the buffers,
as disturbances there should be minimized.
3. Clearing limits should be shown with tree protection fencing near all three
crossings to minimize impacts.
4. No Stormwater Management Plan is required for this project as it is not in
the Neuse Basin, unless it was a particular requirement of your DWQ 401
certification (please double-check). As such, level spreaders are

MA New Work 05\Orange\Tree Farm Phase II\Plan Review.052605

Messrs. O'Neal & Green
May 26, 2005
Page Two

unnecessary, and ditches do not have to be 4' wide in bottom, although
that would be encouraged.
5. Basins 3-8 will not require skimmers, but should be installed as Type A
traps to minimize disturbed areas. I am attaching some Type A
schematics for reference.

Please contact me if you have any questions. I can be reached at 919-245-
2588.

Sincerely,

D. Will Autry, CPESC
Erosion Control Officer II

Cc: Robert Davis, OC Planning
Orange County Environmental Health
Eric Kulz, Cyndi Karoly, DWQ
Todd Tugwell, USACE
File

M:\Will Autry Stuff\Churton Grove Phase III\Plan Review.081804

• ~~F W A T,j~, Alichael F. Easley, Governor

O QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
= I Alan W. Klimek, P.E. Director
p Y Division of Water Quality
May 5, 2005
DWQ Project # 05-0172
Orange County
Mr. Mark O'Neal
Land Ventures I, LLC
P.O. Box 52118
Durham, NC, 27717

Subject Property: Tree Farm Subdivision Phase H
Cane Creek, 03-06-04, Class WS-II HQW
Approval of 401 Water Quality Certification

Dear Mr. O'Neal:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 237 feet of perennial streams, including upstream and downstream
stabilization measures, for the purpose of constructing road crossings at the subject property, as described
within your application dated January 28, 2005 and in additional correspondence received by the N.C.
Division of Water Quality (DWQ) on April 28, 2005. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The
Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of
Engineers (USACE). 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, Non-discharge, and other regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit.
` This approval is 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). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
_ Amount Approved Plan Location or Reference
Units
Stream 237 (feet) PCN form
None Carolina
- ~tirr~r!!~
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: httP71/h2o enr state.nc.us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Tree Farm Phase II Subdivision
Page 2 of 3
May 5, 2005

2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. All construction
i activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.

4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
_ is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.

5. Culvert Installation

Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
j be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
`i
Notifications
6. Deed
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or

Tree Farm Phase II Subdivision
Page 3 of 3
May 5, 2005

buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
7. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by 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, 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 Cyndi Karoly at 919-733-9646.
Sincerely,

'1 4. ~
r
Alan W. Klimek, P.E.

AWKIcbk

Enclosures: GC 3404
Certificate of Completion

cc: Kevin Martin, 110 10 Raven Ridge Road, Raleigh, NC, 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 050172TreeFarmll(Orange)401

° Soil & Environmental Consultants PA'
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
_ www.SandEC.com
t„y4

=rr ~

MEMORANDUM

TO: Cyndi Karoly

FROM: Kevin Martin

Cc: Eric Kulz, DWQ Raleigh Regional Office

RE: Tree Farm Phase III
Orange County, NC DWQ # 05-0172, S&EC # 9243.W l

The purpose of this memo is to respond to your letter dated 4/11/05
(received 4/15/05) regarding the project named above. I will respond to
your questions and number them the same as in your letter.

1. I apologize for this error, the original application was marked
correctly, but the revision was not, due to a computer glitch.
Attached are 7 copies of the first page of the PCN indicating that
only a 401 is requested, and NOT an isolated wetland permit.
In order to save paper, please replace page 1 of the revised PCN
with the attached page.

a. While I do not know why county PIN numbers are important (in
the past they have been optional information) they are:

Tax Map PIN Number

6.47..15 9842-98-2789
6.47..16 9842-99-8284
6.47..17 9842-99-9924
6.47..18 9843-90-9526
6.47..19 9853-01-1211
6.47..20 9853-02-1031
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

6.47. .21 9853-02-7051
7.47. .22 9853-01-6196
6.47. .23 9852-09-6974

b. According to the Corps, there have been no previous permits for
this project. No previous impacts are known. This is a large lot
subdivision (all lots exceed 10 acres), and the access road thru
Phase I is on an upland ridge, therefore no map showing
previous wetland or stream impacts is attached, because we do
not believe there were any.

2. While a plan at 1" = 200' would be more manageable for you,
please find a site plan at 1" = 100' per your request.

3. Road crossings will be constructed per aquatic life passage
requirements. The attached conceptual cross sections indicate
how compliance will be obtained.

4. Since a USGS vicinity map and a Soil Survey map were
attached with the original 1/28/05 application, and that was
indicated in the 3/ 10/05 revision, I am not clear on what more
you need. So I am attaching a copy of the NC Gazetteer for the
area showing the project location.

Please contact me at 846-5900 or KMartinnSandEC.com if you need
anything else to process this request. Because this is a fairly simple
project, I hope the information provided will be adequate for you to
issue the 401 without further delay.

I

APR ~ 2005

DEt:it • . .iutli'~~li
NiC~iD~FJ1^.
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. CJ
(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:
M Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit `J Isolated Wetland Pen-nit from DWQ
X 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14

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
Envirotunental Concern (see the top of page 2 for further details), check here: ?

II. Applicant Information

1. Owner/Applicant Inforniation
Name: Land Ventures 1, LLC
Mailing Address: Attn: Mark Oneal
PO Box 52118
Durham, NC 27717

Telephone Number: [phone] Fax Number: [phone]
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: Kevin Martin
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: KMarti nnSandEC.com

Page I of I

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PROPOSED ROAD GRADE

CULVERT
Fill

STREAM BANK
APPROXIMATE WATER
ELEVATION

12 or 20% of Pipe Diameter whichever is less

SINGLE BARREL DETAIL

TYPICAL

PIPE CROSS-SECTION

~oF w A rl 9' Michael F. Easley, Governor

_0 ^ (r William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 11, 2005
DWQ Project # 05-0172
Orange County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Land Ventures, LLC
Attn: Mark Oneal
PO Box 52118
Durham,NC 27717
Subject Property: Tree Farm Phase II
Cane Creek

REQUEST FOR MORE INFORMATION

Dear Mr. Oneal:

On January 28, 2005 and March 10, 2005, the Division of Water Quality (DWQ) received your
application dated January 28, 2005 and March 10, 2005 to impact 250 feet of streams to construct the
proposed residential subdivision. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
1. It is not clear if you need a 401 Water Quality Certification or an Isolated Wetlands Permit, both
applications request different approvals. Please clarify and submit new Pre-Construction
Notification Application. In addition, please include the following:
a. Section III, # 3 (was left blank, important information for review).
b. Section IV-this is a Phase II project, please provide previous project history (Phase I) including
but not limited to any permits from the USACOE and/or WQ Certifications from DWQ, site
plan maps with all wetland or stream impacts.
2. Please provide a site plan map of your project at a F'= 100' scale, this should include all lot
layouts.

3. Please provide cross section details showing the provisions for aquatic life passage for the three
proposed road crossings.

4. Please provide a location map for the project.

NcthCarolina
401 Oversight/Express Review Permits Unit ~aturallb(
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o,enr.state.nc.us/ncwetlands/h2o,enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 500,16 Recycled/10% Post Consumer Paper

Land Ventures, LLC
Page 2 of 2
4/11/05

Please respond within three weeks of the date of this letter by sending this information to me in writing
and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the. project as withdrawn.

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 9-19-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,

Cyn 'i Karol y, Supervisor
401 Oversight/Express Review Permits Unit

CBK/dae

cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Kevin Martin-S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 050172TreeFarmII(Orange)401+hold

05-0132-1 ree Farm Subdiv. Phase II

Subject: 05-0152 Tree Farm Subdiv. Phase II
From: Eric Kulz <[e-mail]>
Date: Fri, 08 Apr 2005 13:48:58 -0400

To: Cyndi Karoly <cyndi.karoly@ncmail. net>
Cyndi:

I talked with with Todd Tugwell and Will Autry (Orange County Sed./Erosion Control;
SWITC certified) regarding Phase I of the subdivision. Both of them have been out
there, and there were no impacts in Phase I.
Lot lines are shown on the revised plans; they are huge lots. Two or three of the
lots have the possibility of driveway crossings in Phase II, but they may be able to
be avoided.
I don't have any problems with this one.
My comments are on FileMaker.

Eric
Eric Kulz <Eric.Kulz u-nemail.net> 1(2' 1
Environmental Specialist III
Surface Water Protection
NC Division of Water Quality

1 of 1 4/11/2005 9:54 AM

0s.
.rtlIVIORANDUM

TO: John Dorney Regional Contact: E. Kulz
Non-Discharge Branch WQ Supervisor: K_ Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Tree Farm Phase II Subdivision c/o Land Ventures County Orange
Project Number 05 0172 County2

Recvd From APP Region Raleigh
Received Date 1/28/05 Recvd By Region
Project Type Residential

Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Stream O Y O N F__ 16-27--(O1) WSIt HQW 30,604. 1237.00

F(5-y- ON F F~~~~

Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N

Is Mitigation required? 0 Y O N Recommendation: O Issue O Issue/Coed O Deny

Provided by Region: Latitude (ddmmss) 360137 Longitude (ddmmss) 791007

Comments:
2/25/05 As per Beth's comment on the Triage form, this hould be put ON HOLD, and a revised plan
showing the let layout should be submitted. Additional impacts to stream likely for driveways, etc.

Also- anyimpacts from Phase I? I didn't find any FileMaker file for it. According to plans, there are
multiple streams in Phase I. EWK

3/31/05 1 reviewed revised plan. No new comments; see above. I also looked at the lot and street
layout for Phase I on an Orange County GIS map. There may have been impacts in Phase I (two
possible road crossings and at least two possible driveway crossings). Can we ask that someon
check for impacts from Phase 1? EWK

cc: Regional Office
Central Office Page Number 1

Triage Check List

Project Name. Y
Date: 06-019-2-
T, 1
County.

To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran

? MRO Alan Johnson ? WSRO Daryl Lamb
/ M RRO Mike Horan

Telephone : (919) 33 6'
From:

The file attached is being forwarded to kour for your evaluation.
Please call if you need` asst j stance.

? Stream length impacted 4.
_ ? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues

? Buffer Rules (Meuse, 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. n ~ ,
YY)

2

o

Soil & Environmental Co% tests, PA.
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (911?'.~,1.46-5~bU Uu" [phone]
www.SandEC.com
`i'ce N

JdAuary 28, 2005
S&EC Project #9243.W1
Revised March 10, 2005

NCDENR-DWQ US Army Corps of Engineers
Attn: Ms. Cyndi Karoly Attn: Mr. Todd Tugwell
2321 Crabtree Blvd. 6508 Falls of the Neuse Road
Parkview Boulevard Suite 120
Raleigh, NC 27604 Raleigh, NC 27615

RE: Request for Nationwide Permit 14 / 401 Water Quality Certification
Tree Farm Phase II Residential Subdivision
Near Hillsborough, Orange County, North Carolina

Dear Ms. Karoly and Mr. Tugwell:

On behalf of Land Ventures I, L.L.C., we are submitting a revision to our previous
request for authorization from the US Army Corps of Engineers (USACE) for the use of
Nationwide Permit 14 for construction of the proposed second phase of this residential
community. We also request written concurrence from the NC Division of Water Quality
(NC-DWQ) that the revised project complies with the 401 Water Quality Certification
associated with Nationwide Permit 14. A revised Pre-construction Notification
Application (PCN) is attached, an agent authorization form was previously submitted.

Location

The project site is located in the headwaters of Cane Creek in Orange County. The site is
north of Orange Grove Road and east of SR 1126. Figure 1 depicts the site on the
applicable USGS topographic quadrangle.
Proiect History

S&EC delineated the wetlands on-site in January of 2005. Since DWQ requires
mitigation even for intermittent streams in waters classified as HQW, S&EC does not
believe site meetings with DWQ should be necessary. No permits have previously been
issued for this project site, so no Action ID numbers currently exist. A site visit was

Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

January 28, 2005
S&EC Project 9243.W1
Page 2

conducted with Todd Tugwell of the USACE on March 2, 2005, who requested the
proposed revision to our original application. Only crossing 3 has been revised.

Impacts
Proposed impacts include stream channel impacts associated with the construction of
three road crossings. No impacts are proposed for general lot fill. The proposed impacts
are depicted on the attached site plans and are enumerated and described in the attached
PCN form. No wetland impacts are proposed for this project. The total cumulative
permanent impacts for this project consist of 250 linear feet of perennial/important
stream channel.
Avoidance
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 of waters of the US when impacts
exceed the thresholds for notification (0.10 acre) of wetlands or if a discharge causes the
loss of any open waters. The applicant requested a delineation of wetlands and waters
prior to site plan development in order to avoid impacts to jurisdictional areas to the
maximum extent practicable. However, due to site constraints, impacts to multiple
streams are necessary to access high ground lots.

The applicant reduced impacts to channels by aligning the proposed road with an existing
dirt road, and avoided wetland impacts altogether.

Mitigation
No wetland mitigation should be required because no wetland impacts are proposed. NC-
DWQ's current policy requires mitigation for any stream channel impacts in HQW
watersheds that require notification. The USACE can require stream mitigation for any
impact requiring notification. Due to the avoidance of wetland impacts and the
minimization of required stream impacts, mitigation at a 1:1 ratio is proposed through
payment to the NC-EEP to offset the loss of 250 linear feet of perennial/mitigatable
stream channel. The Corps has accepted this ratio.

Sincerely,

Kevin Martin
President

January 28, 2005
S&EC Project 9243.W1
Page 3

Attachments:
(7 copies to DWQ, 1 to the Corps)
Pre-construction (PCN) notification form
Agent Authorization (previously provided)
USGS Site Vicinity Map (previously provided)
Soil Survey Site Vicinity Map (previously provided)
Wetland Impact Maps
$475 check for DWQ application fee (previously provided)

Q

7
C5 1Z,
Office Use Only: Fonnt,-zsion may 2 U
USACE Action ID No. DWQ No. C--)
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N
P '
0'
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: NWP 14

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: Land Ventures I, LLC
Mailing Address: Attn: Mark Oneal
PO Box 52118
Durham, NC 27717

Telephone Number: [phone] Fax Number:_ [phone]
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: Kevin Martin
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address:_ 11010 Raven Ridge Road
Raleigh NC 27614

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]

Page 1 of 1

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: Tree Farm Subdivision Phase II
2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Orange Nearest Town: Hillsborough
Subdivision name (include phase/lot number): Tree Farm
Directions to site (include road numbers, landmarks, etc.): From Hillsborough take Old 86
South'/ mile, turn right on Davis Road go 3 miles to stop sign Turn left on Orange Grove
Road and immediately right on Tree Farm Road Go 1 mile to entrance of subdivision

5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1200 acres

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

8. River Basin: Cane Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/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 site is primarily forested with a number of residential
homes in the first phase of the project The general land use in the vicinity is residential with
large tracts of undeveloped forests.

Page 2 of 2

10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is a residential community. The project will include 27 large lots for
residential homes. Heayy equipment typically necessary for road and home construction will be
used. Minimum lost size is 10 acres.

11. Explain the purpose of the proposed work: The purpose of the proposed project is to
provide access to high round for large residential lots

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.
No jurisdictional determinations or permits have been requested or obtained for this project as of
vet. A wetland delineation was performed by S&EC in January 2005 of the proposed road
corridor in Phase II.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated at this time

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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 to
jurisdictional waters of the US are due to the construction of roads to access portions of the
property. Impacts include 250 linear feet of perennial important stream channel

Page 3 of 3

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

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

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
Road crossing-
Impact 1 Culvert & 84 UT of Cane Creek 2-3' perennial
Dissipator
Road crossing-
Impact 2 Culvert & 78 UT of Cane Creek 34' perennial
Dissipator

Road crossing-
Impact 3 Culvert & 88 UT of Cane Creek 2-3' perennial
Dissipator

Page 4 of 4

* 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.uses.gov. Several intcmct sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin,
www.mapqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 250'
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

Open Water Impact Area of Name of 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

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

Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The client requested a delineation to minimize and avoid impacts to jurisdictional waters
(including wetlands) to the maximum extent possible The crossings are aligned along an
existing road bed (see USGS) to minimize impacts and each crossing has 22' of existing pipe
There is no other way to access these lots except b making the 3 crossings Crossing 3 was
adjusted in a way that increases stream impact by 13' but ensures that the upstream wetland is
not impacted.

Page 5 of 5

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/ncwctlands/stn-np,ide.htm1.

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.
Since this portion of Cane Creek is classified WSII H and NSW mitigation is required by
DWQ even for impacts to intermittent streams. Therefore, the client proposes to mitigate via
payment to NCEEP at a 1:1 ratio for stream impacts The Corps has accepted this ratio
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
(919) 733-5208 to detennine 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:

Page 6 of 6

Amount of stream mitigation requested (linear feet): 250'
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
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
(Neuse), 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.

Page 7 of 7

Zone* Impact Multiplier Required
(square feet Mitigation
1 3
2 1.5
Total
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 213.0242 or.0260.

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.
All lots are 10 acres or lamer.

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.
On-site county approved subsurface septic systems

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No

Is this an after-the-fact permit application?
Yes ? No

Page 8 of 8
I

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 pen-nits. 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).
The Corps has requested that the existing pipe of crossing 3 be removed during construction of
the new road, however, the road fill from the old road bed is to remain in place

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

Page 9 of 9

IV*

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PROGRAM

February 2, 2005

Kevin Martin
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614

Project: Tree Farm, Phase H
County: Orange

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for stream impacts associated with the above referenced project. Please note that the
decision by the NC EEP to accept the mitigation requirements of this project does not assure that this payment
will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401
Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP for
impacts associated with this project is appropriate. '
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the 404/401 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certification an invoice will be issued.
Based on the information supplied by you on the in lieu fee request form dated January 27, 2005, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the following table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table.

Stream Riparian Wetlands Non-Riparian Wetlands
(linear feet) (acres) (acres)
Impacts 237
Mitigation Maximum 474
The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404
Permit for impacts associated with the referenced project in Cataloging Unit 03030002 of the Cape Fear River
Basin. The mitigation will be performed in accordance with the Memorandum of Agreement between the N. C.
Department of Environment and Natural Resources, the U. S. Army Corps of Engineers and the N. C. Department
of Transportation signed July 22, 2003.

R.EStor dwi V! RC-6 P{'Ot" Our lta& -6F
~CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

Kevin Martin
Soil & Environmental Consultants, PA
February 2, 2005
Page 2
I
I
If you have any questions or need additional information, please contact Carol Shaw at [phone].
III

Sincerely,

biiam D. Gilmore, PE I
Director

cc: Cyndi Karoly, Wetlands/401 Unit
Todd Tugwell, USACOE-Raleigh
Eric Kulz, DWQ Regional Office-Raleigh
File

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RMENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

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MEMORANDUM

TO: John Dorney Regional Contact: E. Kulz
Non-Discharge Branch WQ Supervisor: K. Srhuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Tree Farm Phase 11 Subdivision c/o Land Ventures County Orange
Project Number 05 0172 County2
Recvd From APP Region Raleigh

Received Date 1/28/05 Recvd By Region
Project Type Residential

Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.

F14 Stream O Y O N 16-27--(01) wSII HQt 30,604. 237.00
~F-P Y ON ~F_ F_ F_

Mitigation Wetland
MitigationType Type r Acres Feet

F_ I

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N

Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? OQ Y 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny

Provided by Region: Latitude (ddmmss) 360137 Longitude (ddmmss) 791007

Comments:
2/25/05 As per Beth's comment on the Triage form- this hould be put ON HOLD, and a revised plan
showing the lot layout should be submitted. Additional impacts to stream likely for driveways, etc.

Also, any impacts from Phase I? I didn't find any FileMaker file for it. According to plans, there are
ml ple streams in Phase I. EWK

cc: Regional Office
Page
Central Office Number 1
i

T'ria e, Check ]fist

Date: Projett Name: Tr« ,m l~« s,~~~~~.
DWQ#:~ c, 5 v 2

County: DLli, ~G

To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
© RRO Mike Horan

From: CyI pl- +h Telephone : (919)

The file attached is being forwarded to dour for your evaluation.
Please call if you need asst}stance.
i
Stream length impacted
? Stream determination

? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, 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: `nom a,41It,,i G CIL,:,,.,~, 4ream' fCa+ur-C5- W;1) be •.11,~oc4CA CiVLy

YDud ct s~., ; y t Wlut+ Ab"A 41_Q_ kause~i c~rVetvtt s~ e-c 41"Sie

~c I d be cZvi-~ TI t ac f~l~u.f h~Urz, 'h,rfi~:cf~ . TTi",,jLs ~~i~4^I c'~1c

ob0 7
O
Soil Environmental Consu ' is
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] Os (919~,846-9
www.SandEC.com`app,
0

January 28, 2005
S&EC Project #9243.W1

NCDENR-DWQ US Army Corps of Engineers
Attn: Ms. Cyndi Karoly Attn: Mr. Todd Tugwell
2321 Crabtree Blvd. 6508 Falls of the Neuse Road
Parkview Boulevard Suite 120
Raleigh, NC 27604 Raleigh, NC 27615

RE: Request for Nationwide Permit 14 / 401 Water Quality Certification
Tree Farm Phase II Residential Subdivision
Near Hillsborough, Orange County, North Carolina

Dear Ms. Karoly and Mr. Tugwell:

On behalf of Land Ventures I, L.L.C., we request authorization from the US Army Corps
of Engineers (USACE) for the use of Nationwide Permit 14 for construction of the
proposed second phase of this residential community. We also request written
concurrence from the NC Division of Water Quality (NC-DWQ) that the project
complies with the 401 Water Quality Certification associated with Nationwide Permit 14.
A Pre-construction Notification Application (PCN) is attached, as well as an agent
authorization fonn.

Location

The project site is located in the headwaters of Cane Creek in Orange County. The site is
north of Orange Grove Road and east of SR 1126. Figure 1 depicts the site on the
applicable USGS topographic quadrangle.

Project History

S&EC delineated the wetlands on-site in January of 2005. Since DWQ requires
mitigation even for intermittent streams in waters classified as HQW, S&EC does not
believe site meetings with DWQ of the Corps should be necessary. No permits have
previously been issued for this project site, so no Action ID numbers currently exist.

Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

January 28, 2005
S&EC Project 9243.W1
Page 2

Impacts
Proposed impacts include stream channel impacts associated with the construction of
three road crossings. No impacts are proposed for general lot fill. The proposed impacts
are depicted on the attached site plans and are enumerated and described in the attached
PCN form. No wetland impacts are proposed for this project. The total cumulative
permanent impacts for this project consist of 237 linear feet of perennial/important
stream channel.
Avoidance
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 of waters of the US when impacts
exceed the thresholds for notification (0.10 acre) of wetlands or if a discharge causes the
loss of any open waters. The'applicant requested a delineation of wetlands and waters
prior to site plan development in order to avoid impacts to jurisdictional areas to the
maximum extent practicable. However, due to site constraints, impacts to multiple
streams are necessary to access high ground lots.

The applicant reduced impacts to channels by aligning the proposed road with an existing
dirt road, and avoided wetland impacts altogether.

Mitilzation
No wetland mitigation should be required because no wetland impacts are proposed. NC-
DWQ's current policy requires mitigation for any stream channel impacts in HQW
watersheds that require notification. The USACE can require stream mitigation for any
impact requiring notification. Due to the avoidance of wetland impacts and the
minimization of required stream impacts, mitigation at a 1:1 ratio is proposed through
payment to the NC-EEP to offset the loss of 237 linear feet of perennial/mitigatable
stream channel.

Sincerely,

Y'` ~~rL?'L I~~CULI,'U'~--1 KCIL\
Kevin Martin
President

January 28, 2005
S&EC Project 9243.W1
Page 3

Attachments:
(7 copies to DWQ, 1 to the Corps)
Pre-construction (PCN) notification form
Agent Authorization
USGS Site Vicinity Map
Soil Survey Site Vicinity Map
Wetland Impact Maps
$475 check for DWQ application fee

Office Use Only: Fonn Version May 2002

USACE Action ID No. DWQ No. ,k
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing

1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? 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: NWP 14

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: Land Ventures 1, LLC
Mailing Address: Attn: Mark Oneal
PO Box 52118
Durham, NC 27717
Telephone Number: [phone] Fax Number: [phone]
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: Kevin Martin
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: KMartinnSandEC com

Pagel of 9
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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: Tree Farm Subdivision Phase II
2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Orange Nearest Town: Hillsborough
Subdivision name (include phase/lot number): Tree Farm
Directions to site (include road numbers, landmarks, etc.): From Hillsborough take Old 86
South'/ mile, turn right on Davis Road, go 3 miles to stop sign. Turn left on Orange Grove
Road and immediately right on Tree Farm Road. Go 1 mile to entrance of subdivision.

5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): ±200 acres

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

8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mal2s/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is primarily forested with a number of residential
homes in the first phase of the project The general land use in the vicinity is residential with
large tracts of undeveloped forests

Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is a residential community. The project will include 27 large lots for
residential homes. Heavy equipment typically necessary for road and home construction will be
used. Minimum lost size is 10 acres.

11. Explain the purpose of the proposed work: The purpose of the proposed project is to
provide access to high ground for large residential lots.

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.
No jurisdictional determinations or permits have been requested or obtained for this project as of
vet. A wetland delineation was performed by S&EC in January 2005 of the proposed road
corridor in Phase 11.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated at this time.

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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 to
jurisdictional waters of the US are due to the construction of roads to access portions of the
property. Impacts include 239 linear feet of perennial important stream channel.

Page 3 of 9
i

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

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, 611,
excavation, flooding, ditching/drainage, ctc. For dams, separately list impacts due to both structure and flooding.
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://NtNv,,v,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: Unknown
Total area of wetland impact proposed: None
3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
Road crossing-
Impact 1 Culvert & 84 UT of Cane Creek 2-3' perennial
Dissipator
Road crossing-
Impact 2 Culvert & 78 UT of Cane Creek 34' perennial
Dissipator

Road crossing-
Impact 3 Culvert & 75 UT of Cane Creek 2-3' perennial
Dissipator

Page 4 of 9

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* 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.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www,topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 237'
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 Type of Waterbody
Name pplicabblle) Wate) (lake, pond, estuary, sound,
Site Number Type of Impact* Impact (if applicable)
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
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The client requested a delineation to minimize and avoid impacts to Jurisdictional waters
(including wetlands) to the maximum extent possible. The crossings are aligned along an
existing road bed (see USGS) to minimize impacts and each crossing has 22' of existing ripe.
There is no other way to access these lots except by making the 3 crossings.

Page 5 of 9

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.ne.us/ncwetlands/strmgide.htmi.

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.
Since this portion of Cane Creek is classified WSII, HQ and NSW, mitigation is required by
DWQ even for impacts to intermittent streams. Therefore, the client proposes to mitigate via
payment to NCEEP at a l • 1 ratio for stream impacts
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:

Page 6 of 9

Amount of stream mitigation requested (linear feet): 237'
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
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .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.

Page 7 of 9

Zone* Impact Multiplier Required
(square feet Mitigation
1 3
2 1.5
Total
" Zone 1 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.

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
All lots are 10 acres or larger.

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.
On-site county approved subsurface septic systems.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No

Is this an after-the-fact permit application?
Yes ? No

Page 8 of 9

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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).

Applican Agen s Signature Date
(Agent's signature i a id only if an authorization letter from the applicant is provided.)

Page 9 of 9
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01/26/2003 19:02 PAX Z002

Soil & Environmental Consultants, PA
11010 Raven R1dj.c Roud • RW6rb. North Cuolino 27614 • Phone: [phone] - Pax: [phone]
www.SanaLC.com
AGENT AUTHORIZATION FORM:
~ Ljl Blanl.5 To Be Filled In. By The Currextt an owner
Name: ~~o~ f/ ~f?~G~/L~.S ' s Z! L
Z 7 7 7
AddrP.ss: /9• 0. S Z S .dc~2 C.
03~~ -(?.303
phone:
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Project Name/ Description: _`C` c ~ ~ t ~ t S ~`S 2
Date: Z D z / The Department of the Army
U.S. Army Corps of Engineers, Wilmington District G~ ~ ~ ~ (~q 3 ~ ~s Z 3
P.O. Box 1890 J /
Wilmington, NC 28402 pp n

Attn: ~f
)~iPld Office : e, 04-SE
COQ
Re: Wetlands Related ConsulW.tg and Permitting
To Whom '1't May Concern:

1, the currant nLu r r owner, k,#--reby designate and authorize Soil & Environmental Consultants, PA to
act in my bpbalf as my agent in the processing of permit apphcations, to furnish upon request -1-4
supplpmcn.tal information in support of applications, etc. from this day forward. The d'ay of

This notification supersedes an-v previous correspondence concerning the agent for this pro)ect.

i NOTICE: Thin authorization, :nor 4ability and professional courtesy reasons, is valid only-foe
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
! to arrange a site meeting prior to visiting the site.

Pro s Signature
Print Property Owner's Name v~~?~ G- y

! cc: Mr. Jolu? Dorney cc: Mr. Kevin C. lvxaxtin
! NCDENR - DWQ Soil & Exxvixonmanta1 Consultant;, PA
7-321 Crabtxee Boulevard
Raleigh, NC 27609
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Phone: [phone] FI-x: [phone]
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9243.W14 Soil & Environmental Consultants, PA
Tree Farm`s f ^ 11010 Raven Ridge Rd.- Raleigh, NC 27614
Project Mgr.: i
KM Orange County, NC [phone] - [phone]
Web Page: www.SandEC.com
Scale:
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11/30/04 i Orange County Soil Survey

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a Soil & Environmental Consultants, PA
Project Mgr.: Tree Farm 11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] - [phone]
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Web Page: www.SandEC.com
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PLAN & PROFILE HIIIeDorourp, NO 27278-8551
Wkc(G1 D1732-3863 Fox:[phone] ease naeneeu arz 0
wvm'.aummit-anglneer.com 1••17P 10':801 ' ` PEVIS10146 O~TE By

Kevin Martin
Soil & Environmental Consultants, PA
February 2, 2005
Page 2

If you have any questions or need additional information, please contact Carol Shaw at [phone].

Sincerely,

. Cif

blilarn D. Gilmore, PE
Director

cc: Cyndi Karoly, Wetlands/401 Unit
Todd Tugwell, USACOE-Raleigh
Eric Kulz, DWQ Regional Office-Raleigh
File

Proha" Our .fta& RMENR

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net

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PAYMENT
RECEIVED

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ND

SOIL & ENVIRONMENTAL CONSULTANTS, PA 017342
14C Division of Water Quality Check Number,: 17342
Date: 01/27/05 Check Amt: $475.00
Tran N Invoice Type Date Reference Balance Discount, Pay Amount
5752 0127053 Invoice 01/27/05 9243.6.11 $475.00 $0.00 $475.00

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