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HomeMy WebLinkAbout20050894 Ver 2_401 Application_20081001Dennis Ray Blackmon, R.L.S. 05 -0 8 9L4 V2, Telephone 919-934-3490 Fax 919-934-1624 1023C W. Market Street PO Box 1401 Smithfield, NC 27577 September 30, 2008 Amy Chapman U. DWQ Wetlands/401 Unit 0 C T 1 2008 2321 Crabtree Blvd. Suite 250 DENR-WATER tUUALII Raleigh, N.C. 27604 WETLANDS AND STORMWATM BRMCm Subject: Taft Hollow (renamed Taft Woods West) Modified Pre-Construction Notification Application Wilders Township, Johnston County Dear Mrs. Chapman, This package is in response to the NOV my client received on September 3, 2008 (attached). The violations included lack of diffused flow via level spreaders and a walking trail was installed partially inside the riparian buffer. The level spreaders were installed at the entrance on Monday September 29, 2008. We are requesting the walking trail be allowed to remain and as a result I have enclosed a Modified PCN for this project as advised by Lauren Witherspoon, requesting only Buffer Rule approval. There are no streams or wetland impacts involved only buffer impacts. Please note that this area has many old "moonshine" or "hunting" paths/trails. During the original topo of this property only some of these "old" paths were located and they have been identified on the impact map. It was not known at the time of the survey, that this would be crucial information. By looking at where the "old" path terminated, it is obvious that the entire "old" path is not shown. As a result, it can not be proven that more of the walking trail follows the "old" path. But according to the Developer, (and it can be reasonably assumed) that less impacts were created than indicated here. Please take this into consideration. Addressing the required response: 1. I have included a map showing the stream, riparian buffer and the existing trial. Part of this trail was existing and my client used it to the extent possible. These areas have been identified on the map and quantified. 2. There is not a buffer authorization for the trail. My client, in conversations with a resident of the subdivision was told that this type of activity (with no trees being cut down) did not require a permit. 3. The level spreaders have been installed at the entrance and attached is the modified PCN for the walking trail. 4. A restoration plan will not be required if the Modified PCN is granted. 5. Please find the Modified PCN attached. Please find attached: 1. Original permit from the Corp of Engineers. Action ID# 200520983 issued 07/01/05. 2. Original permit from NCDWQ. Project# 05-0894 issued 06/07/05. 3. The NOV notice received on 09/03/08. 4. Five copies of a complete Modified Pre-Construction Notification Application package for the walking trail. 5. Pictures of the walking trail 6. Recorded plats of Taft Woods West sections 1-3 (formally Taft Hollow) If you have any questions or need any additional information, please give me a call at 919-934-3490. Sincerely, ?J. ew W. Hodge, P.E. Cc Lauren Witherspoon /Cr Office Use Only: Form Version March 08 USACE Action ID No. Z6a S2o 9k DWQ No. 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 II. 2. Nationwide, Regional or General Permit Number(s) Requested: 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: r ?, W g 0 Applicant Information D @3 ' ocT 1 2008 1. Owner/Applicant Information Name: Patricia Schlecht - Neuse Park Develo ment C N ' RQ *BK*C" Mailing Address: 3515 Oueen Anne Drive Clayton NC 27520 Telephone Number: 550-6276 Fax Number: 553-9196 E-mail Address: aschlecht@,,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: Andrew W Hodge PE Company Affiliation: Dennis Rav Blackmon RLS Mailing Address: PO Box 1401 Smithfield NC 27577 Telephone Number: 934-3490 Fax Number: 934-1624 E-mail Address: andrew(d,drbrls.com Page 5 of 12 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: TAFT HOLLOW SUBDIVISION 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 168900-73-3694 4. Location County: Johnston Nearest Town: Clayton Subdivision name (include phase/lot number): Taft Woods West (formally Taft Hollow) Directions to site (include road numbers, landmarks, etc.): The property is located on the north side of SRI 704 (motorcycle rd) +/-3,200 If west of NC42 5. Site coordinates (Lat/Long or decimal degrees):35°39'15" Lat -78°22'06" 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): +/- 62.1 ac 7. Name of nearest receiving body of water: Mill Creek 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/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: Site is an approximatelyy^year old subdivision The property and surrounding _property is zoned AR Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: A walking trail was built which impacted the buffer. The equipment used to build this walking trail was a small Bobcat machine. I'm told no trees were removed to build this trail. 11. Explain the purpose of the proposed work: a walking trail was build to provide the residents an amenity for exercise and a way to relax and enjoy the environment 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.This proiect had a subdivision road crossing which resulted in a stream and buffer impact. The USACE Action # 200520983, permit date was 07/01/05 (attached) The DWQ Project # 05-0894, permit date was 06/07/05 (attached) The impacts were as follows: stream - 1491f buffer zone 1 - 8 281 sf buffer zone 2 - 4 084sf. 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 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 ripmp dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: There were no stream or any waters of the U.S. were impacted with the building of this walking trail only buffer impacts Page 7 of 12 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 flnndina Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream (linear feet Area of Impact (acres) N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: D/K 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 acrea a multi 1 lenoth X width then divide b 43 560 9 .7 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 N/A Total Stream Impact (by length and acreage) 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, dred2ina. flooding- drainage hulkhendc Pte, Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number indicate on ma) (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact ocean, etc.) (acres) N/A Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the nrniect- Stream Impact (acmes): N/A - --- Wetland Impact (acres): N/A Open Water Impact (acres : N/A Total Impact to Waters of the U.S. (acres) N/A Total Stream hn act (linear feet): N/A 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts.This walking trail was installed as environmentally friendly as possible meandering between trees with a small Bobcat machine to install the trail. I'm told there were no trees cut down during the construction The trail was installed to be an amenity for the residents of the development There were already existing trails in the buffer and they were utilized to the extent possible See attachment for further explanation of avoidance and minimization. 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 Page 9 of 12 AVOIDANCE and MINIMIZATION Please note that this area has many old "moonshine" or "hunting" paths/trails. During the original topo of this property only some of these "old" paths were located and they have been identified on the impact map. It was not known at the time of the survey, that this would be crucial information. By looking at where the "old" path terminated, it is obvious that the entire "old" path is not shown. As a result, it can not be proven that more of the walking trail follows the "old" path. But according to the Developer, (and it can be reasonably assumed) that less impacts were created than indicated here. Please take this into consideration. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. 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 htti)://h2o.enr.state.nc.us/ncwetlands/strrngide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at htip://h2o.enr.state.nc.us/yM/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No X. 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multiniers_ Zone* Impact s uare feet Multiplier Required Mitigation 1 850 3 (2 for Catawba) 2 6,096 1.5 Total 6,946 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0244, or.0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. This subdivision is approximately 2 years of therefore most of the lots are already built upon The subdivision was designed under the Johnston County Stormwater ordinance which holds the impervious surfaces to less than 15% and the subdivision was recorded that way. (See the attached plats). 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. Lots will be served by individual septic tanks XHI. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes ® No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:Taft Woods West streets are completely built and most of the lots are built upon 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). I/ 71 t? 61ae Applicant/Agent's ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 . s 1 10 a's 41 s. '1 \4Y _ � � '4r�r 372. - -- � .._.......�•� i ) � -q�A. Z,"� - _.. '-� . --•�/ �r/(� � j�l.�`^ ' I ` 7. 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Smateryr r N" Carolina Depwamt of Erriaonmema"NUM11 ROCOM '-1 G Y Alan W.-MimaK P.1:. Dhww Division of Water Qu&hw June 7.2005 DWQ Project#05-0884 Johnston County Patricia Scblecht -- I C'. t! i .: I '•,; ;? 3515 Queen Aim Drive DF Clayton, NC 27527 1 4 ?035 Subject Property: Taft Hollow Subdivision, Highway 42, Flowers, NC ? ? U'T to Mill Cheek (03-04-02,27-39, WS-(V NSW I Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Huffer Protection Rules (15A YCAC 213 .0233) with Additional Conditions Dean Ms. Schlecht: You have our approval, in accoriance with the attached conditions and those listed below, to place fill within or otherwise jw4xict 149 Meet of streams. 8,2.81 square feet ($) of Zone 1 and 4,084 square feet (ft) of Zone 2 protected riparia= buffers for the purpose of cog a multifamily residential development at the subject prop -Tty, as described within your application dated May 20, 2005 and received by the N.C. Division oi' Water Quality (DWQ) on May 74, 2005 and all additional information submitted and received by the DWQ on June 3, 2005- After reviewing your application, we have decided that the impacts are covered by E:;tmeral Water Quality Certification Number(s) 3402 (CC3402). The Certif cedon(s) allows you to use Nationwide Pamit(s) 39 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 pa-15A NCAC 2B.0233. In addition, you should obtain or otherwise comply with any other required tederal, state or local permits before you go ahead-with your project including (but not limited td) Ewsicn and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impaetat to waters as depicted in your application shalt expire upon espiration 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 wou may be required to send us a new application. U the property is sold, the new owns mast be given a 6-opy of this Certification and approval letter and is thereby responsible for contplying with all conditions. 1 f total fills For this project (now or in the fture) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation maybe required as described is 15A NCAC 2H .0506 (h). This approrval requires you to fallow the conditions listed in the attached certification and any additional renditions 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 Certif cation (or Isolated Wetland Permit) are rnct. No other impacts are approved including incidental impacts: 101 or sweepme ftv ws Unk 1V?thCaiO no t4t0 Mal Samos Canter. RIIW. NOM Catdiis 27t1p I W3 r ?1! 2321 C,rdit" BOA Md. WIM 260, RaIDI r, Nod Cud a MU ftm. 919.788-27861 FAX 919A3SSAS I Wmn*bM"9g6smr swta ne u.:.. ° nds An S:PW OppmUVVA*mWft Acdm Bn*W- M% F4tyeleMO% Pat COMM M War 09/13/2005 17:54 FAQ X003 ? Y Patricia scble-chr Page 2 of 4 rmae?,zoos Amount Approved nits Plan Location or Ref wce stream 149 feet Sheet 1 of I Buffers - 7-41 1,28 1a fL Sheet 1 of 1 Buffers - Zone 2 4,084 (square ft. Sheet 1 of 1 2. Erosion & Sediment Contro. Practices Erosion and sednme it control practices must be in fttll compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices m order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maimained in accordance wirb the most recent version of the North Carolina Sediment and Erosaan Control Rannog and Design Manual. b. The design, install ation, 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 Emion Contra! Manual The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contrac tor-owaed or leased borrow pits associated. with the project 3. Diffuse Flow All constructed stormwater conveyance outlets shall be directed, and maintained as diffuse flow at aon-erosive vdocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within iSA NCAC 2B .0233 (S). if this is not possible, it anay be necessary to provide stonmwater facilities that are considered to remove nitrogen. This may require additional approval Som this Office. 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0.'.33 and GC 3402. S. Consttucdon Stormwatar P*=k NCGO10000 Upon the approval of a3i Erosion and Sedlm=tatioon Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation eoootmi program, an. NPDBS General stoimwaterpermit (NCG010000) administered by DWQ is automatically issued to the project. This General Permit allows starmwater to be dimbargeed 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], &11 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 him:o.or.state.na.uslsulFonns Documemts htm. 06/13/2005 17:55 FAX 6. Deed Notifications 004 Patricia Sehlecht Page 3 of.4 Juw T, ZOOS Dead notifications or saaailar mechanisms shall be aced an all retained jurisdictional placed wetlands, waters and protective bwffers in order to asset a compliance for futum wetland, water and buffer =pact These mcchaui +ms shall be put in place prior to impacting any wetlands, waters and/or buffers approved far mwact under this Certification Approval and Authorization Certificate A sample deed notification oaa be downloaded from the 401/Wedands Unit web site at http://h2o.mr.suLmne.u, t=atlan&. The tart of the sample dead notification maybe modified as appropriate to suit to this project: Culvert installation Culverts required for th s pr+oj act shall be installed in such a manner that the original strearn 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 dke existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched mamaer, the pipes shall be removed and re- installed correctly. 3. No Waste, Spoil, Solids, or ill of Any Kind No waste, spoil, solids, or fill of any kind shall oem iu-wetlands, waters, or riparian areas beyond the footprint of the impacts, depicted in the Pre-Con ntuetion Not ficaticm AU constriction 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 nles occur. 9. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erasion mntrol measures shall not be placed in wetlands or waters to the maximum extent practicabie, If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they sb I be removed and the natural grade restored within six months of the date that the Division of Lard Resources has released the project. 10. Certificate of Compiction Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffs' Rules, and any sibuRuent modifications, the applicant is required to return the attached certificate of complatia•r to the 401 Vdlaods Unit, North Carolina Division of Water Quality, 1650 );flail Service Center, Raleigh, NC, 27699-1650. Violations of any condition heriu set forth may result in revocation of this Certification and may result in criminal andlor civil penalties. the authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted is your application and as authorized by this Certification, shat expire upon expiration of the 404 or CAMA Pemmit. If you do not accept any of the rorditions 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 fr a hearing, send a written petition, which conforms to Chapter 1 SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, 08/13/2005 17:33 FAI. Patricia Schlmht Paine 4 of 4- June 7, 2005 Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask tar a haariag. ? - Any disputes over daterminatiotrs regarding this Aud rimtum Certificate (associated with the- approved. buffer impacts) shall be referred is writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 said 4 of G. S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clan Water Act and the Name riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone. ohs Dormy or Cyndi K.aroly at 919-733-1786. Sincerely, ,? ?%.D L ?? Klinek P.E. AWK/dae Enclosures: GC 3402 Certificate of C<?mpletion CC. Bob Z=ackL S&EC, 1 t010 Raven Ridge Road, Raleigh, NC 27614 USAGE Raleigh Regulailory Field Office DWQ RaleighRegional Office DJA Raleigh Regional ()ffice File Copy Ceatml Files Fllenaate: 050894T&Mollow(Johnston)401+buffer U.S. ARMY CORPS OF ENGINEERS WMMNGTONDLSTRICT Action ID. 2005-,_ 2098_3 County; Johnston USGS Quad: Mowers GENERAL, PERMIT (REGIONAL AND NATIONWIDE) VERITIC ' Jf,•__ PrOPatY Owner / Authorized Age= Address: Ms. Patricia S ?.?....? JUL 12 2005 3515 Queen Ann Drive Clayton. NC 27520 Telephone NO.: 91 27-8056 Size and location of Property (water body, road name/number, ttown, north of Motorcvcie Road (SR 1704 aDDroa, 11N1n f, , The Droieet site Ls located Description of projects area and activity: This rant anthorizea - _ v Placement of Sll for cntivert installation for a road crossin M, m echanind lands e-w ing and the invests include 149 H.__ feet of an area thin the subdivision. Permanentt ed trilMSIXT to Min Creek. Applicable Law: ® Section 404 (Clean Water ? Section 10 A33 USC 1344) Authorization. (Rivers and Harbors Act, 33 USC 403) Regional General Permit Number. Nationwide Permit Number. 39 Your work is authorized by the above - attached Nationwide and Special conditions, ?? ?? P1h Caro it is accomplished rc strict accordance with the conditions, and your submitted plans. Any violation of the arts Wildlife Resources Commission plans may subject the Permittee to a stop work order, a attached conditions or deviation from your submitted restoration order and/or appropriate legal action. This verification will remain valid until the is modified, suspended or revoked. 14 pnor to expiration date identified below unless the nationwide authorization is reissued and/or modified, this the eXPh`ati°n date identified below, otion below, provided it complies with all enficxtion will remain valid until the expiration date i Pmt authorization or requirements of the modified nationwide permit If the nationwide die and terms expires is suspended, revoked, or is modified, such that the activity would no long e permit under a comply atk are under contract conditions the nationwide Pesmrt, activities which have cow ie. are or in reliance upon die nationwide perati4 will remain authorized Construction) ty is unless completed within twelve months of the date of the nationwide provided the activity authorj? discretionary authority has been exercised on a case-bYon' modifies or'oion, modify, suspend or awoke the Activities subject to Section 404 (as indicated above) may also require Certification. You should contact the NC Division of Water Q an individual Section 401 Water Quality Section 401 requirements. Quality ( telephone (919) 733-1786) to dine For activities occurring within the twenty coastal counties subject Act (CAMA), prior to be ent to regulation under the Coastal Area work you must contact the N.C. Division of Coastal This Department of the )Vti? ' Army verification does not relieve the permitiee of the responsibility to obtain any other required Federal, State or local approvals/perrclts. If there are any questions regarding this verificati f the Engineers Regulatory PmBrem, please contact Jena Manhole at conditions ons o ? 1 x24?t, or the COQ of Cates Regulatory Official lean B. l Dam. J I 2005 Expiration Date of Verification: March M 2007 -2- Determination of Jnrb&,.don: ? Based on preliminary to be descnbod?V wet m of to US including wedands above Tm PreliminarS+ determination is not an " ithin the appeala 3 ble acta under the Regulatory Program Adm®istrative Appeal Process (Reference 33 CFR Part 3 ? There are Navigable Waters of the United States within the above describe area subject to the permit requu meats of Section 10 of the Rivers and Harbors Act and Section 404 of praj ect the there is a change in Ile law or our published regulations, this Clean Water Act, Unless to exceed five yews from the date of this notification, de?eeamnnanon may be relied upon for a period not ® There are waters of the US and/or wetlands within the above described emeats of Section 404 of the Clean Water Act (CWAx33 USC § 13Project area subject to t 44 Unless there is ache per= change in law or our Published regulations, this detamination may be relied upon fora period not to the from the date of this notification, exceed five years ? The jurisdictional areas within the above desca Please mfereace jurisdictional determination Lisued J. a have been identified under a previous awn, „_ Action ID SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC. MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE, Copy Furnished. S&.EC, Attn: W. Bob Zmzecki, 11010 Raven Ridge Road,, Raleigh, NC 27414 JURISDICTIONAL DEMMINAMON U.& Army Corps of Engineers DISTRICT OFFICE: Wilmington FILE NUMBER: 2o0S2o9g3 PROJECT LOCATION INFORMATION: State: NC Copy: Johnston Cfer fatdlm? of site 0161&1011gidrder 35.6547056N 783720571 W Appr xiin to size of area (=rcel) reviewed, including Name of neatest uplazids: 64 acres acres. Name of mh Y Utmamed tributary to MM Creels use River JURISDICTIONAL DETERMNATION Completed; Deshop domination , Data 1 July 2005 Site visit(s) Date(s): Jarbdkdo W Determdaatfea (JD): ? y JD - Based on available infom:stion, ? then appear to be (or) ? there appear United States" aadlor "navigable waters of the United States" on the to be no 'tv ass of the (Reference 33 CFR pan 331). Ptolent site. A pnelizi>inary JD is not appealable • Check all that ?Ymoved is as appealable action (Reference 33 CFR pan 331). ¦ There are 'navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Appmxi mm size of jiaisdictional area; M There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. APPmxiinate size of jtuisdictional area: . M nere are "Isolue,4 non-nawgoble mire-stare waters or wetlands" within the reviewed area. M Decision supported by SWANCC/Migtatory Bird Rule hl&rn=(m Sheet for Jurisdiction. >nmdon of No BASIS OF JURISDICTIONAL DETERMINATION: A. Waters detlned under 33 CFR part 329 as "aaalgable waters of the Unhed States": ?. The presence of waters that are subject to the ebb and flow of the tide and/or are us or the past, or may be susceptible for use Z6VM interstate or foreign presently4 have been used is merm L Waters deSaed ender 33 CFR part 32&3(a) as "waters of the United SprtW: (1) The presence of waters, which are currently used, or were used in the interstate or foreign commerce, including all watts whist am=b; past or may be susoqrdble to use in am to the ebb and flow of the tide. (2) The presence of interstate waters includin f g nee glands , (3) The presence of orbs' waters such as ' intrastate lalms, saadflats, wetlands, sl prairie potholes meadows, rivers, stt? (including i?ermitueet streanis), mudflats, oughs, destruction of which could affect interstate Playa lakes, or tern (cponds, the use, degradation or conmx= any such waters (check all that apply): ? (i) which are or could be used ? (irk from which fish d be by interstate or foreign travelers for r ona or Odra Purposes. ellfish are or could be. taken and sold in interstate or foreign cue. ? (iii) which are or could be used for industrial purposes by industries in interstate cow (4) Impoundments of waters otherwise defined as waters of the US. (5) The presence of a tributary to a water identified in (1) - (4) above. (6) The presence of territorial seas. (7) The of wetlands adjacent= to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Bands of Jnrbddctional water Rationale eon is not Itself a is i t lon DetenWaattoa (applies to any boxes checked above). If the junis waters; wl k or B(3) is used as the Basis o water of ? United Stares, dmMbe conn?n(s) to rota downsp? ??k (i e, s. Ifs alts conditions, including why tore urisdic don. document navigabdity and/or interstr conmerce connection ?? ?rtsrstate 0--foreign ??Y is navigabk and/or how the commerce). IfB(I. 4. S or 6) is used as the Basis of urisd} Hof ? make the determination. IfB(7) is used as the Basis of urW}ction, documm the r monk used to make adjaaaky d&mminatlon.• Areas on this site ezluyit wedand criteria as described in the 1987 Corps Wedaad ?? M 211 ummmed tributary to Mill Creek The Manual and by changes in soil character property also contains stream channels that hydrol Y indicate and connected to Mill Creek in the Neuse River Basin. absence or terresn iii Vegetation and are hydrologically Latera 0-oft. MY l Extent of Jury; (go f 33 CFR puts 328 and 329 • -? line messed an the bank TIC Liao indicated by. the presence of litter and debris Oil or scum line slam shore objects changes in to character of soil C] fine shell or debris deposits (fixeshore) son of terrestrial vegetation 0 physical ?a &W gages other; ? other. Mean High Water Made indicated by: ? mmrveY to available dattin; ? physical marking= ? vegetation lines/changes in vegetation types, Wedand boundaries, as shown on the attached & Enviromnental wedaad delineation map and/or in a delineation Consultants, LLC report. Plelmted by. Soil Bash For Not Aase:? Jnrbdietion: I'm reviewed area consists entirely of uplands. Unable to confirm the presence of waters in 33 CFR pan 328(a)(1, 2, or 4-7). Headquarters declined to aPprove,jurisdiction on the basis of 33 CFR pan 328.3(a)(3). The Corps has made a cas"pecific won that the following waters present on Unified States: the site are not Waters of the ? Waste heatmeat syaterns, includmg stmt Po or C3 Artificially irrigated areas, which would revert upland ifthe lagoons, P=I nt e e part 3283. ? Artificial lakes and ponds created by excavating and/o d Hand and t ceased. retain water and which are used exclusives g ?Y l to collect and rice growing. Y for such Purposes as stock wagering;S20og settlin ? Artificial re$ectiag or swimmin g basiaa, or A excavating cti o w g Pools or other small ornameaW bodies of wooer created ? Water-filled dfimg dry land to retain water for. prey aesthetic reasons, the depressions created is dry land incidental to construction activity and pits excavated in dry land for purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the 328.3(a). definition of waters of the United States found at 33 CFR ? 150lat4 intrastate wetland with no nexus to interstate cormnerm ? Prior convened cropland, as deteramed by the Nanual Resources ? Non-tidel drainage or iurigation ditches excavated on C?servatioa Service. Explain rationale: ? Other (explain). dry land. Explain rationale: DATA REVS FOR JMMIMONAL DE M?+ Plans, Plots or plat submitted T IDEATION (murk au that ply): D ?? by or on behalf of the applicant ata. ? office submitted by or on behalf of the applicant with Sort En tal with the delineation report; dated 3 Dec 2004 Consultants Prepared by Jarnss Dasher and Chris ]?lowers 0 Thu office does the delineation report; dated by (may) Data sheets prepared bythe or wrth Corps. Corps' navigable wagers' studies: U.S. Geological Survey Hydrologic Atlas: U .S. Geological Survey 7.5 Minute Topographic maps: Flowers U .S- Geological Survey 7S Minute Historic quadrangles: U -S. Geological Survey 15 Minute Historic qusdrmgl= USDA National siural Resources Conservation Service Soil Survey. wetlands inventory craps: Stated ocal wetland inventory amp= FEMA/FIRM maps (Map Nano & Date): 100-yew Floodptain Mevanon is: (NGVD) Amal Photographs (Name & Dater Other Photographs (Dater Advanced Identification Wetand maps Site visWd on conducted om Applicable/supporting can law. Otter information (please specify): 'wedmds aee;aeat;8ed ,nd ddiua? i=lg y„ moods and criteria Oscar w afhydmpbydc. Ily*w aoas UW We lmd hy*logy, is the Cates wetbmd Ddioaitioo .i 3.IU tan= •adjaor m=m ba rftm& ?8ius. oram bmrias, nap=al m+rr berm, bemb dunes. and die blo we w`d'? "pQ7 ftm otbw wstets Of *a US bye d&n or TFR OF WA co r O < Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 22, 2008 CERTIFIED MAIL #7006 2150 0000 3312 8123 RETURN RECEIPT REQUESTED Neuse Park Development Co., LLC Attn: Patricia Schlecht 3 515 Queen Anne Drive Clayton, NC 27520 Subject: NOTICE VIOLATION and NOTICE OF INTENT TO ENFORCE NOV-2008-PC-0608 Taft Hollow Subdivision Johnston County • 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules Violation • Neuse River Riparian Buffer Violation Dear Madam: On January 28, 2008 N.C. Division of Water Quality (DWQ) personnel Vicki Fuentes and Shelton Sullivan conducted a site inspection at the Taft Hollow Subdivision located off of Hwy 42 in Johnston County, North Carolina. On July 16, 2008, DWQ personnel, Lauren Witherspoon from the Raleigh Regional Office conducted a follow-up site inspection. The streams on the site are an unnamed tributary (UT) to Mill Creek and Mill Creek, Class WS-IV NSW waters, in the Neuse River Basin. Accordingly, the following observations were noted during the DWQ file review: Soil and Environmental Consultants, P.A. submitted a Pre-Construction Notification (PCN) dated May 20, 2005 and additional information dated June 3, 2005 on behalf of Patricia Schlecht. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 39 and the corresponding General Water Quality Certification 3402. DWQ issued an approval letter dated June 7, 2005 for the impacts to a stream and its associated buffers (DWQ Project # 05-0894). The 401 Water Quality Certification (WQC) and Authorization Certificate per the Neuse River Buffer Protection Rules (DWQ Project# 05-0894) authorizes 8,281 ftZ of Zone 1 and 4,084 fl of Zone 2 buffer impacts associated with road crossing of a UT to Mill Creek. In addition, six level spreaders were depicted on Sheet 1 of 1 of the PCN that was included in this approval.. DWQ observations during the July 16, 2008 site inspection include: ¦ The lack of diffuse flow where the level spreaders were proposed and not installed; ¦ The Mill Dam Trail is located in the Neuse Riparian buffer along the UT to Mill Creek Carolina and Mill Creek. The trail is comprised of crushed gravel. A61WO&Y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Page 2 ,.. Taft Hollow Subdivision August 22, 2008 As a result of the site inspection and file review, the following violation, detailed below, is noted: (I) 401 WQC and Authorization Certificate per the Neuse River Buffer Protection Rules Violation (II) Neuse River Riparian Buffer Violation Item I. 401 WQC and Authorization Certificate per the Neuse River Buffer Protection Rules Violation A file review revealed that a 401 Water Quality Certification and Neuse Buffer Authorization Certificate approved impacts to 8,281 ft2 of Zone I and 4,084 ft2 of Zone 2 buffer impacts associated with a road crossing of the UT to Mill Creek. In addition, six level spreaders were depicted on Sheet I of 1 of the PCN that was included in this approval. However, the site inspection revealed that buffer impacts have occurred in the Neuse Buffer adjacent to the UT to Mill Creek and Mill Creek associated with a trail which exceeds the buffer impacts that DWQ authorized. In addition, no level spreaders have been installed.in the Taft Hollow Subdivision. Item H. Neuse River Riparian Buffer Violation The Buffer Rules apply to riparian buffers directly adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds and estuaries). The protected buffer extends 50-feet landward from the landward edge of coastal marsh (as identified by the Division of Coastal Management) or from the top of bank of any feature shown as surface waters on either a paper copy of the soil survey maps prepared by the Natural Resource Conservation Service of the U.S. Department of Agriculture or the most recent version of the 1:24000 scale quadrangle topographic maps prepared by the U.S. Geological Survey. The protected riparian buffer has two zones: Zone I consists of a vegetated area that is undisturbed except for uses provided for in Item (6) of this Rule (Title 15A NCAC 02B .0233); Zone 2 shall consists of a stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6) of this Rule (Title 15A NCAC 02B .0233). The purpose of these rules is to protect and preserve riparian buffers in the Neuse River Basin to maintain the nutrient removal functions of these streamside areas necessary to protect surface waters. 15A NCAC 02B .0233 (4) - Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item (6) of this Rule. Neuse Buffer - Diffuse Flow Violation 15A NCAC 02B .0233 (5) Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation. Required Response You are directed to respond to this letter in writing within 30 days of receipt. You are encouraged to secure a consultant to assist you with your response development, permit, certification and authorization necessary to achieve compliance. 1. Documentation depicting jurisdictional features (e.g. stream and buffers). A description and quantification of the impacts to those jurisdictional features and your plans to avoid further buffer impacts on the site. Page 3 Taft Hollow Subdivision August 22, 2008 2. Please provide documentation of a buffer authorization for the Mill Dam Trail if it is available. If not, please explain why impacts without prior authorization. 3. Please explain in your response when and how you anticipate in achieving compliance with the 401 WQC and Neuse River Riparian Buffer Authorization. 4. Please submit a Restoration Plan to this office for review and approval. This plan should include the following: a. This riparian buffer plan must be developed to ensure that at least two native tree species are planted at a density sufficient to provide 320 trees/acre at maturity in the buffer. This density is usually achieved by planting approximately 436 trees/acre on a 10 ft x 10 ft grid or 681 trees/acre on an 8 ft x 8 ft grid. Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance in developing your plan (available on the web at: hM://www.aggep,.net/news/reports/buffers.ro)d fl. This plan must include the types -of native woody vegetatiort selected, methodology of planting, and a site map indicating the location of the replanting efforts. b. Include a detailed implementation schedule with dates explaining when the buffer restoration will be accomplished. This schedule should include a three- year monitoring plan to ensure that the riparian buffer is restored. It is important that you adhere to this new plan once approved by DWQ and if you make any modifications to it, that DWQ approve them. 5. If you wish for any buffer impacts to remain in place you must apply for a modification of the 401 WQC and Neuse Buffer Authorization. Submit Requested Items To: Lauren C. Witherspoon DWQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Thank you for your attention to this matter. This Office is developing a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Lauren C. Witherspoon at lauren.cobbe,ncmail.net or (919) 791-4251. P4:?erely, h ej 4_ Danny S Raleigh egional Supervisor Surface Water Protection Section cc: John Hennessy - NPS Assistance and Compliance Oversight Unit DWQ Central Files RRO - Water Quality Files John Dorney - DWQ - Program and Policy Development Unit, 1650 Mail Service Center