20060659 Ver 2_401 Application_20080929

WITHERS & RAVENEL
ENGINEERS 1 PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
TO: NC DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
LETTER OCR 'T° AHM7 AL
DATE 09/29/083 JOB NO. 205018.0
ATTENTION Ms. Cyndi Karoly
PHONE #
RE: Trenton Road Subdivision
f_? ln - nLnSq ua-
WE ARE SENDING YOU ® Attached via the following items:
? Shop Drawings ? Prints ? Plans ? Samples ? Specifications
? Copy of Letter ? Change order ? Diskette ?
COPIES DATE NO. DESCRIPTION
5 Request for Permit Modification
P29
VERN os AW
THESE ARE TRANSMITTED as checked below:
® For approval ? Approved as submitted
® For your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO: file
? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
if enclosures are not as noted, kindly notify us at once.
SIGNED:

September 29, 2oo8
NC Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Trenton Road Subdivision
Request for Permit Modification
W & R Project #: 02O5o18.oo
DWQ Project #: o6-o659
Dear Ms. Karoly:
SURVEYORS
Qr?c??od?D
SEP 2 9 2008
DENR. WATER QUALITY
WETLANDS AND STORMWATER BRANCH
On behalf of Five Star Development of North Carolina Inc, we are requesting a
modification of a previously approved permit (see attached). Specifically, the
revised plans will require an additional 40 linear feet of temporary impact and 4,594
SF of buffer impact (Z1:2,939, Z2: 1,655) for the installation of two (2) utility line
crossings. Please note, as per a recent discussion with Mr. Ian McMillan, no permit
fee is required for this request, because, technically, 401-approval is not required for
utility line impacts. With the addition of the utility line impacts, total impacts for this
project are: 8o linear feet of stream impact for four (4) driveway crossings, 40 linear
feet of temporary impact for two (2) utility crossings and, 15,637 SF of riparian buffer
impact (Z1:9,831 SF, Z2:5,8o6 SF).
Project History
Detailed wetland delineations were conducted and approved by the USACE on
February 25, 2oo6 (AID#: 20052o875). Ms. Cynthia Van Der Wiele, of the NC-DWQ,
confirmed our riparian buffer evaluations in August of 2005 (DWQ EXP: 05-1496). We
have included a copy of the jurisdictional Determination and the DWQ Letter with the
attachments. 401- Certification was issued for this project on April 24th, 2oo8 for
the construction of four (4) driveway crossings and level spreader bypass swales.
Stormwater Management Plan
The percent impervious for this project is expected to be approximately 17%. The
stormwater plans were approved during the initial review of this project. During
construction the applicant will utilize BMP devices to prevent sediment from entering
jurisdictional stream channels or wetlands.
Mitigation
Because impacts to the stream channel are less than 150 If, we do not believe that
mitigation is required.
RAVENEL
ENGINEERS 1 PLANNERS
iii MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 i fax: 91o.842.8019
Please feel free to contact me if you have any questions or require additional
information.
Sincerely,
WITHERS & RAVENEL INC.
Todd Preuninger
Senior Biologist
Attachments:
1) USGS Quadrangle Map
2) Wake County Soil Survey
3) Revised PCN Form
4) Revised Site Plans
5) Previous 401 approval
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. D La " d l0 5 01 U a..
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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: NWP 29
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
1. Owner/Applicant Information
kr?@[Aawlgp
SEP 2 9 2008
Name: Trenton Road LLC. Q1 I,ugy
Mailing Address: Attn: Jeff Smerko WELANDSANDSTORMYVI? BRNO
105 Quail Ridge Road
Wilmington, NC 28409
Telephone Number: 910-232-4375 Fax Number: 910-397-8751
E-mail Address: irsmerko(a_)nc.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel Inc.
Mailing Address: 114 MacKenan Drive
Cary, NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-535-4545
E-mail Address: tpreunin erAwithersravenel.com
Page] of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Trenton Road Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0775.02-75-5892, 0775.02-75-1253, 0775.02-75-
5370, 0775.16-94-0819
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Trenton Road Subdivision
Directions to site (include road numbers/names, landmarks, etc.): The site is located roughly 1.3
miles north of the intersection of Trinity Road (SR 1656) and Trenton Road (SR 1655)
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): 35.8243230 ON 78.7404565 °W
6. Property size (acres): 32.99 Acres
7. Name of nearest receiving body of water: UT Richland's Creek
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:i'/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 currently wooded. Land use in the vicinity of the
project is primarily residential.
Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of the construction of driveway crossings needed to access four lots in the
Page 2 of 8
subdivision. Typical heavy equipment such as excavators will be used to install the subdivision
infrastructure.
10. Explain the purpose of the proposed work: To provide access to four-lots- within the subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Detailed wetland delineations were conducted and approved by the USACE on
February 25, 2006 (AID#: 200520875. Ms. Cynthia Van Der Wiele, of the NC-DWQ confirmed our
riparian buffer evaluations in August of 2005 (DWO EXP: 05-1496). We have included a copy of the
Jurisdictional Determination and the DWO Letter with the attachments.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None Anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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.
Provide a written description of the proposed impacts: The proposed impacts consist of. 80
linear feet of important/perennial steam channel and 0.19 acres of the Neuse riparian buffer (Zone 1
5,320 S.F., Zone 2: 3,275 S.F.) for the construction of four residential driveways and 40 linear feet of
temporary stream impacts for sewer installation (Z1:2 939 SF Z2: 1,655 SF) In addition 0.05 acres
(Zone 1: 1572 S.F. Zone 2: 876 S .F.) of riparian buffer will be impacted for the installation of bypass
structures associated with the level spreaders.
Page 3 of 8
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 Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on herbaceous, bog, etc.) Floodplain Stream (acres)
ma) (yes/no) (linear feet)
NA NA NA No NA NA
Total Wetland Impact (acres) NA
3. List the total acreage (estimated) of all existing wetlands on the property: < 5 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the 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)
Driveway A UT Richland's Permanent Perennial 3-5' 20 0.002
Driveway B UT Richland's Permanent Perennial 3-5' 20 0.002
Driveway C UT Richland's Permanent Perennial 3-5' 20 0.002
Driveway D UT Richland's Permanent Perennial 3-5' 20 0.002
Sewer A UT Richland's Temporary Perennial 3-5' 20 0.002
Sewer B UT Richland's Temporary Perennial 3-5' 20 0.002
Total Stream Impact (by length and acreage) 100 0.012
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- hulkhends_ etc_
Open Water
Impact
Name of Waterbody
Type of Waterbody
Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, Impact
(indicate on ma) bay, ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): 0.012
Wetland Impact (acres): NA
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.012
Page 4 of 8
Total Stream Impact (linear feet): 80
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.
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: 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. Prior to site plan development, the
applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and
`waters' could be minimized. With the exception of 4 driveway crossings, no other streams or wetlands
will be impacted by the proposed project. In order to access four parcels within the Trenton Road
Subdivision and provide sanitary sewer, impacts to waters could not be avoided. To minimize impacts,
each driveway was designed to be at a nearly perpendicular angle to the stream, and the crossings are
located at a point where the stream contains very few meander bends.
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
Page 5 of 8
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strml?,ide.htm].
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 impacts to the stream channel are less than 150
If and total buffer impacts are less than 1/3 acre we do not believe that mitigation is 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
[phone] 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/wrp/index.litm. 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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
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 [phone] to review current thresholds for environmental documentation.
Yes ? No
Page 6 of 8
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
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
(Neese), 15A NCAC 2B.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Neuse )? 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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 9,831 3 (2 for Catawba) NA
2 5,806 1.5 NA
Total 15,637 NA
* 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.
XI.
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. NA
Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The stormwater plans were reviewed and approved in
an earlier submittal (see attached 401 certification). During construction the applicant will utilize BMP
devices to prevent sediment from entering jurisdictional stream channels or wetlands.
Page 7 of 8
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary Sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. 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.eilr.state.nc.us/iicwetl,tnds. If no, please provide a short narrative description: Much of
the surrounding area has already been developed; therefore we do not believe that this project will lead to
additional development or impact downstream water quality. In order to protect downstream water
quality, the applicant will employ the appropriate BMP's / erosion control measures during construction.
Following construction, the applicant will maintain 50' riparian buffers & provide stormwater treatment
before it enters the adjacent creeks or wetlands.
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).
NA
9,
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
WITHERS RAVENEL
FNGINEERS I PI ANNER5 SURVEYORS
Site Access/Agent Authorization Form
Project Name
Property Owner/Contract Purchaser: ??Z=r S-M e i---r-O
Address: l OS (9-U'4-1(- 12-(D(rE V---0A-L>
PJ1 Ght i N brCad , NC-. Z2?4-09
Phone: ")10 ---7-3-z- 4-3-3 S _
t=ax. G) to --- 3Cn _. ?"-) S
Email: I`'swia •-d' eG ?-r c.a?
I Hereby grant Withers and Ravenet, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
.JFr-r=Y TL. S E2r?
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Property Owner:lv\c•-` c, Y' of "Cry„{a?.-- q- i1 1l ,
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WITHERS RAVENEL "
?NW'4i,tRS I PLANNERS SuRVhruRS 0 1,000 2,000 4,000 W E
111 MacKenan Drive Cary, North Carolina Feet
telephone: [phone] www.wdhersravenel.com s
Project# 205018.00 Date: July 29, 2005
WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive Cary, North Carolina 27511
tel:[phone] fax: [phone]
www.withersravenel.com
Soil Survey Map
Trenton Road Subdivision
Trinity Road & Trenton Raod
RALEIGH, NORTH CAROLINA
The aohfect I><opah' ?: appho ately 72 99
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north of theaoter...on, of Tnn.ty Road (SR 1656)
ano Trenton Road (SR 1655) n Rale.gh,
Wake Cwntv. North Carolina
Drawn By: Scale: Figure No.:
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Approved By: Date: Job Number:
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O?O? W A T ?9QG

Mr. Jeffrey Smerko
Trenton Road, LLC
105 Quail Ridge Road
Wilmington, NC 28409
Subject Property:
S 06 Michael F. Easley, Governor
William G. Ross Jr., Secretary
fff North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 24, 2008
DWQ Project # 06-0659
/p Wake County
4Pe
l?rth
Trenton Road Subdivision ?eIQ/
Richlands Creek [030402, 27-33-11, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Smerko:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 80 linear feet of perennial stream, and 6,892 square feet of Zone I Neuse
River basin protected riparian buffers and 4,151 square feet of Zone 2 Neuse River basin protected
riparian buffers, to construct a residential subdivision at the site, as described within your revised
application dated March 14, 2008 and received by the N.C. Division of Water Quality (DWQ) on March
17, 2008. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers (USACE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 213 .0233. In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA 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:
401 Oversight/Express Review Permitting Unit
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/ncwetiands
Ne C
oarolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Trenton Road, LLC
T e of Im act Page 2 of 4
April 24, 2008
Stream - erennial Amount A roved
Units
Buffers -Zone 1 80 (linear feet) Plan Location or Reference
Buffers - Zone 2 6,892 (s uare ft.) PCN a I4 of 8
4,151 (s uare ft.) PCN a e 7 of 8
2. Erosion & Sediment Control Practices PCN a e7 of 8
Erosion and sediment control practices must be in full com
governing the proper design, installation and operation andpliante withenance all of spec such Best
specifications
Management Practices in order to protect surface waters standards:
a• The erosion and sediment control measures for the project must be des'
Operated, and maintained in accordance with the most
Sediment and Erosion Control plannin recent version ?ged, installed,
b The design, installation o g and Design
of the North Carolina
peration, and maintenanc he sediment and erosion
measures must be such that they equal, or exceed, the requirements speci
recent version of the North
shall be maintained on all Carolina Sediment and Erosion Contr control
, borrow specified in the most
including contractor-owned or constructileased on b sorroites °I Manual. The devices
c• For borrow p' nd waste pile (spoil) projects,
?t sites, the erosion w sites a and sediment control measures must be s
operated, and maintained in accordance wi pits associated with th e project.
Surface Mining Manual, with the most recent version of theNorth?Cartalled,
Carolina
d The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation
3 No Waste, Spoil, Solids, or Fill of An P°Ilution Control Act.
Any Kind
No waste, spoil, solids, or fill of any kind shall
the footprint of the impacts depicted in the Pre-C
occur wetlands, waters, or riparian areas beyond
activities, including the design,
=
onstruction Notification.
control Best ,
installation, operation, and maintenance
Management Practices of sell construction
standards, statutes, shall be
or rules occur. performed so that no violations of slant and erosion
4. No Sediment & Erosion Control Measures w/n W to water quality
Sediment and erosion control measures Wetlands or Waters
extent practicable, shall not be placed in wetlands or waters to
If placement of sediment and erosion control devices is unavoidable, they shall be removed the maximum
that the Division of L and the natural t in wetlands and waters
and Resources has released the project.
within six months of the date
5• Diffuse Flow (DWQ Reviewed Plans
All stormwater shall be directed as diffuse flo
stream buffers and will not at
re-concentrate before disc ha scha o
15A NCAC 2B .0233(5) swe velocities through the protected
r in _
g g into the stream as identified within
In an effort to comply with the diffuse flow
0233(5)), you have provided the DW provision of the Buffer
DWQ believes that if implemented Q with level spreader designs Rule ((5A NCAC 02B
diffuse flow as per these plans, diffuse flow dated March 14, 2008. The
as per 15A NCA
corrective actions 0233(5)
to restore dC 02B will be achieved.
is not achieved, then the D However, if
(fuse flow shall be taken if necessa
WQ shall be notified and -
ry to impede the formation of
Trenton Road, LLC
Page 3 of 4
April 24, 2008
erosion gullies. At no time shall stormwater from the proposed development be piped directly
through the. buffer without prior DWQ written authorization.
The structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality. Stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and
on all lots containing these structures including future access for maintenance. The stormwater
easements shall allow for the ability to maintain the structures, perform corrective actions as
described above and shall provide protection of the structures from potential alternations by
future property owners.
6. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at hqp •//h 20 enr, state. nc. us/su/Forms Dociiments. htm.
7. Deed Notifications
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 at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401 /Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetiands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
8. 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 Oversight/Express Review Permitting 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.
Trenton Road, LLC
Page 4 of 4
April 24, 2008
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly at 919-733-9721 or Amy Chapman at 919-715-6823.
Singertf ly,
6?.Coleen H. Sullins
CHS/cbk/ijm
Enclosures: GC 3705
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
DLR Raleigh Regional Office
Todd Preuninger, Withers & Ravenel, I I 1 MacKenan Drive, Cary, NC 27511
Rename: ename: 060659TrentonRoad S D(W ake)40 l _N B R