Loading...
HomeMy WebLinkAbout20011455 Ver 2_Application_20081117W a BURDETTE LAND CONSULTING, INC. 10212 Creedmoor Road - Raleigh, North Carolina 27615 Telephone (919) 841-9977 - Fax (919) 841-9909 '•. S ok - tl?SS V'2 LETTER OF TRANSMITTAL To: Ms. Amy Chapman Date: November 17, 2008 NC Division of Water Quality 2321 Crabtree Blvd, Ste 250 Raleigh, North Carolina 27604 Project #: 8238 RE: St. Ives Proposed We are sending the following items attached to this transmittal: Greenway Trail D B? 5 N2 U Copies Date Description Nuv 5 11/17/08 PCN Application UENu- 7 2008 WER OUALITY ,TORMWATER BRANCH Remarks: This application is a for a mowed grass jzreenwav trail primarily on a sewer easement with wooden footbridges across two jurisdictional stream channels There are no impacts to stream channels or wetlands; therefore neither a Section 404 nor 401 Water Quality Certification is required for the project. This application covers proposed impacts to riparian buffers only. A copy of the application has been provided to the US Army Corps of Engineers as a courtesy or a No Permit Required determination should staff be available Signed: Jennifer Burdette c: Jim Brinkley-Millrid eg Companies Inc Jamie Shern - USACE Office Use Only: Form Version March 08 USACE Action ID No. DWQ No. - 14 SS V (it 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: No Permit Required 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 `J U Owner/Applicant Information Nov 17 2008 Name: Millrid e Com anies Inc. op4R - WATER QUALITY CH Mailing Address: Contact: Jim Brinkley WETIANDSAND 818 South White Street Wake Forest North Carolina 27587 Telephone Number: (919) 556-5418 Fax Number: (919) 556-6672 E-mail Address: ibb@millridizeco.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.) (See last page of application for agent authorization.) Name: Jennifer A. Burdette Company Affiliation: Burdette Land Consulting Inc Mailing Address: 10212 Creedmoor Road Raleigh North Carolina 27615 Telephone Number: (919) 841-9977 Fax Number: (919) 841-9909 E-mail Address: JBurdetteBLC@bellsouth.net Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: St Ives Greenway rail 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 1831-45-5714, 1831-55-4698, & 1831-66-0080 4. Location County: Wake Nearest Town: Wake Forest Subdivision name (include phase/lot number): St Ives (open space) Directions to site (include road numbers, landmarks, etc.): From Raleigh, take Capital Boulevard north to Wake Union Church Road (SR 1929) and turn left. Then take a right onto Kearny Road (SR 1927), right onto Biscay Lane, right onto Capellan Street, and left onto Gironde Court that accesses the proposed reenway trail. The proposed reg enwa begins on the southeast side of Horse Creek approximately 1200 feet southwest of Jenkins Road (SR 1926), runs along the southeast side of Horse Creek for approximately 3,015 feet, and terminates approximately 2,310 linear feet from Horse Creek's intersection with Kearny Road, northwest of Wake Forest, North Carolina. 5. Site coordinates (Lat/Long or decimal degrees): Impact #1 - 35.9896753°N 78.5472714°W Impact #2 - 35.9906077°N 78.5435514°W (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): Open Space - 14 acres; Trail - ## acres 7. Name of nearest receiving body of water: Horse Creek 8. River Basin: Neuse Page 2 of 9 (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 proposed reenway trail runs through open space along the floodplain of Horse Creek within the St Ives Subdivision. The trail runs along an existing sanitary sewer easement except in a few places. Figure 1 depicts the location of the property on the US Geological Survey (USGS) Wake Forest, NC 7.5-minute quadrangle topographic map. Figure 2 shows the location of the site on the applicable Wake County Soil Survey 10. Describe the overall project in detail, including the type of equipment to be used: The proposed reenway is a mowed grass trail that runs along southeast side of Horse Creek with three connection points to roads in the subdivision. The trail runs primarily within the existing sy sewer easement on the floodplain and crosses two jurisdictional tributaries to Horse Creek. Figure 3 and Insets A and B show the alignment of the proposed greenway trail and the details of the proposed riparian buffer impacts. Wooden footbridges such as that one shown on the attached Bridge Details Sheet (pg. B-25) would be constructed for these crossings. 11. Explain the purpose of the proposed work: The purpose of the project is to provide a walking trail through the subdivision and connecting to adjacent properties. 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. NCDWO made buffer determinations on the property in 2001 before the subdivision was developed (NBRRO 01-243). On March 28, 2002, Millridge Investments received a 401 Water Quality Certification (DWO# 01-1455) for 135 linear feet of perennial stream channel, 0.061 acre of wetlands and 18,265 square feet of riparian buffer impact to construct the project. Copies of these NDWO letters are attached On September 19, 2008, Burdette Land Consulting, Inc. flagged the centerline of the trail outside of the sanitary, sewer easement to ensure that the trail would not impact isolated or jurisdictional wetlands Page 3 of 9 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: There are no proposed impacts to stream channels or wetlands. 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 floodinc. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 1 00-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) (es/no) (linear feet) NA Total Wetland Impact (acres) NA 3. List the total acreage (estimated) of all existing wetlands on the property: 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. Page 4 of 9 5. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Impact (linear feet) (acres) NA Total Stream Impact (by length and acreage) NA NA 6. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation. dredging. flooding. drainage- bulkheads- etc_ Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) NA Total Open Water Impact (acres) NA 7. List the cumulative impact to all Waters of the IJ_S_ resulting from the nrniect- Stream Impact (acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 8. 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. There are no isolated waters associated with the trail location 9. 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 Page 5 of 9 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. There are no proposed impacts to stream channels or wetlands. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.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. There are no proposed impacts to stream channels or wetlands; therefore, no mitigation is proposed Page 6 of 9 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/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): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 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 ? Page 7 of 9 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 1 381 3 (2 for Catawba) NA 2 1780 1.5 NA Total 2,161 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. The proposed greenway trail has been planned primarily within the existing sewer easement on the property except in three places. Because the easement does not connect to the adjacent property and open space is not available to the western boundary of the development, the proposed trail is located parallel in Zone 2 for approximately 170 linear feet. The second area where the trail deviates from the easement does not involve any impacts to the riparian buffer. A third deviation from the easement is required at one of the tributary crossings due to steep slope adjacent to the stream channel. The trail was routed around this slope and impacts Zone 1 and 2 of the tributary within Zone 2 of Horse Creek. Because reg_ enway trails are classified as allowable and there is no practical alternative to the proposed impacts, BLC believes that riparian buffer mitigation is not required. 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. The original PCN application indicated that the amount of impervious surface area resulting from the subdivision upon build out would be a maximum of 24 percent of the total site. The proposed grassed trail with wooden footbridges would not increase the amount of impervious surface area within the development. 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. No wastewater would be generated from the proposed reg enway trail. Page 8 of 9 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ? A homeowner has developed a dirt car track within the riparian buffer where the trail is proposed. Any un-vegetated areas within the greenway easement will be seeded during construction and establishment of the trail. 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: The proposed greenway trail should not result in additional development 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). V-1 I a Alicant/Agent's Signature /Date (Agent's gnature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 ?( I ??` -% t why ??` ill N \ \\1 , Il I ?( 71, ,; ` / fl ? \.• 1?? til i i 1? :lid ?.-f!(L \•?'/1' // of 1 Jn 1 \? J ?; %I: r i r loo \ ? V. 777 ` \\ /` ,% (i.../1 / t ',?,\ ? ...? r?S •. d' ? t " l JJ l ?? _ 1\ _ 1 i ? \ q _ \ ? ?- 'tf I I Cam, GRAPHIC SCALE N 1° = 2000' USGS LOCATION MAP zooo' Limcm o zooo' ST. IVES GREENWAY TRAIL WAKE FOREST, WAKE COUNTY, NC ••••N••• DATE: 08/22/08 USGS 7.5' TOPO QUAD: ;•w E; BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB WAKE FOREST 10212 Creedmoor Road - Raleigh, North Carolina 27615 CHK'D BY: JAB S Telephone (919) 841-9977- Fax (919) 841-9909 PROJECT #: 8238 FIGURE #: I ? 1r ?f 1 r Vii` 4p ., t 7 CeB2 P t tr` ?k?. m' l i r ?? ijnro I $3? . t ?? r I I I '% - - Lhur?il? CIB3 i Ce( 1 ? I ' r GeB?+ 'gy p 5 " .'> tti. LdB2. tta CoU2, z h e C '2 e , C,R ? ?Me 'w;2 CILCi J Cerr2 . i. nsC2. CeQ clc ? 2 r Wn GeC2 \ 1 1 n r1l, J CeB / ?? 2rt ? c Ko I A11B2 ? c 1;B Y 'AF U CC C'' , F 6B2 y," `CI t _ Wn 21 C1 ' CeC2 x ? F\ `V CSC ? ? r F y Cm ti:a Lh$ `r a n ST IVES S/D K'Wv CeD VCeC2 CeC2 X62 00F2 - + MdDZ 1 CeB2 CeC y ,, ?' TRAIL 1c10 2 Me r \MdD2 ?eL ?' .? ? ? ? 1 s MdB2 y r,KB? MdE2' AsC2 - CeC .°r P " . I, GRAPHIC SCALE 1" = 1320" WAKE COUNTY SOIL SURVEY MAP N 1320' 0 1320' ST. IVES GREENWAY TRAIL WAKE FOREST, WAKE COUNTY, NC ??..?`?.??? ' ' BURDET L C DATE,: 10-22-08 SHEET(S): 10 W E } TE AND ONSULTING, INC. 10212 Creedmoor Road - Raleigh, North Carolina 27615 DRAWN BY: TMB C1IK'D BY: JAB . Telephone (919) 841-9977- Fax (919) 841-9909 S PROJECT #: 8238 FIGURE # _ 2 Bridges Bridges are an important element of almost any trail project. The type and size of bridges can vary widely depending on the trail type and specific site requirements. Some bridges often used for multi-use trails include suspension bridges, prefabricated span bridges and simple log bridges. When determining a bridge design for multi-use trails, it is important to consider emergency and maintenance vehicle access. Bridges intended for occasional vehicular use must be designed to handle up to 10,000 pound loads safely and at least 14'-wide to allow for vehicle passage. Aproach..._... Bridae Length Varies Approach Trail Trail Handrail & oupport5 of natural materials Foot Bridge Apprgach Zone Bridge Length Varies A_pproach.Zone _ I_ Handrails - Height Provide strong, to meet code well supported rail Provide headwalls of Retain low natural material as vegetation to site requires protect wildlife corridor --, _, idge surface shall Stream I be smooth for multiple uses Urban Trail Bridge V?? • ?f.7?{1a 4 Span Bridge Note: Prefabricated span bridges are ordered directly from the manufacturer. Approximate cost is $100/foot. For examples and quotes, see www.steadfastbridge.com. Bridge Details a? a? l..b State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. Ross, Secretary Division of Water Quality September 2001 Ward Marotti 24 Robert J. Goldstein & Associates, Inc 8480 Garvey Drive Raleigh, NC 27616 '14 0 N.CDENFZ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Neuse River Basin Riparian Buffer Rules NBRRO 01-243 St. Ives Subdivision Wake County Dear Mr. Marotti: This letter will serve as confirmation of the buffer determinations made by DWQ staff at the subject property referenced by the Raleigh Regional Office as N13RRO 01-243. The features represented on the Wake County Soil Survey and the USGS Quad maps were evaluated on September 18, 2001 to determine their subjectivity to the Neuse Buffer Rules. The features (A and B) on the attached map are subject to protection under the Neuse River Basin: Nutrient Sensitive Waters Management..-Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233. This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to wetlands and other impacts, please contact the Central Office at 733-1786. Thank you for your attention to this matter and if this Office can be of any assistance of if you have additional questions, please do not hesitate to contact us. Since y, Charles Brown Environmental Specialist cc: RRO/John Dorney h:/neusebuf.let/nbro 1243 /2 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)571-4700 FAX (919)571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper 01123/1994 2.2:33 m L N6 919-8%2-9214 i w m 0 wz ? A ?3AO A N j, M / C o CI MZ=C C m 0 9 N 3 %? (n 42 i- F VlATF 0 R pG Michael F. Easley \ Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality March 8, 2002 DW Q# 01-1455 Wake County Jim Adams Mill Ridge Investments 909 S. Main Street Wake Forest, NC, 27587 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions Dear Mr. Adams: You have.our approval, in accordance with the attached conditions, to place fill in 135 linear feet of perennial streams, 0.0.061 acre of wetlands and 18,265 square feet of Neuse Buffers in order to construct the St. Ives Subdivision in Wake County, as described in your application received by the. Division of Water Quality on October 5, 2001, and in additional correspondence received March 4, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3288 and 3287, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Numbers 12 and 39 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 26 .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre; compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional conditions listed below: 1. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers; Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 1.50B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless, you ask for a hearing. 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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central Office at 919- 733-9721. Attachments cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Central Files File Copy Chris Hopper, 8480 Garvey Drive, Raleigh, NC, 27616 Sin rely, Jr o J. Th orpe, Ph.D. 011455 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) nin -loo 170. f..{.......\ 'n In 70? COM] /i....\ \.N...//l.rl......-..?..ir. .... .... /..........I......A../ .!' i?114a}t a i t ?a n , ;, yt t ? f Jj c 1 r y t 7I i ? I 337 ?{ . }t? }? t t- :? "? .o xt ?F_,.' •j' ? q ? F -^y p f4 ?-y M1 w ` YY f f i 1 f`t ?. ?? jji -• to /'f r ? f .. 4 ;;i If 1- i"' A "'y '- t ;a . r! t ? % \ ?/,? I - _'`? ?A,r•.?? _ ' ?+w.,,,wF i t? } J ?- ...y, - ? vim,; ? `y3'?? Y 1:.,? ,??f - 'tu?? +r..r''?? ?,., ..... ' ? _. ? i??_..X' -' '` r ? r/ f ! x 7 ? X ,d. - F ? 1 _ a m ? '!7 j \? ar , ? . s r 4V j ? " ?''}' i -aq?,.. - ? " ? • • '?. { ? _ .. r g t j ?t ire i t -..' , - . % `•?i S _ _ ,.?,'? - - ?? _-S ?:y S iota ) 7? 6 r, Name: WAKE FOREST Location: 035`59'M5" N 0783° 32'36H' W Date: H 2 Caption: St. Ives Subdivision Scale: 1 1 inch inch equals 1000 test Wake Forest DWQ-NBR c t s, I n nnnl) Cc>pyrght (G) 1997, Maptech, Ina A d i y¢ cf) ?Y z J It ? ? { ? w ? ?11 ?'"? p f L, r '' tfa co 13 r Irw t ! t ?f j, s s ? ? ? r F9 I A- r?ece vea iu i5 2vuu iu:?j FROM MILLRIDGE INVESTMENTS (WED)OCT 15 2008 10:44/ST,10:44INo.7500000185 P 1 .N . BURDETTE LAND CONSULTING, INC. • •• E • r r10212 Creedmoor Road - Raleigh, North Carolina 27615 Telephone (919) 841-9977 - Fax (919) 841-9909 AGENT AUTHORIZATION FORM US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest. North Carolina 27587 North Carolina Division of Water Quality Central Office Mail Service Center 1650 Raleigh, North Carolina 27699 To Whom It May Concern: By signing below, the current property owner gives representatives of Burdette Land Consulting, Inc. permission to act as their authorized agent for jurisdictional and isolated waters and riparian buffer determinations, delineation, and permitting for the subject project. This authorization includes permission to enter the site to conduct site meetings with US Army Corps of Engineers and NC Division of. Water Quality personnel, as necessary. Project Name: _ St Ives Greenwav Trail BLC Project #: 8238 Current Property Owner or Easement Holder: Name: Millridwte COmDanie& T (include conlact person if a corporation, partnership, or government) Mailing Address: 818 South White Street Wake Forest, North Carolina 27587 Telephone: (919) 556-5418 S' ature Date Fax: (919) 556-6672 Jmcs? ???k?c Print Narne (include title.' i appropriate)