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HomeMy WebLinkAbout20050942 Ver 1_Complete File_20050815August 12, 2005 John Dorney NC Division of Water Quality 401 Wetlands WQ Certification Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Re: Massey Preserve (S&L Project #: 2604026) DWQ Project # 05-0942 Wake County Raleigh, Wake County, North Carolina Dear Mr. Dorney: R P= (K5?7'wWR B AUG ? 5 2005 DENR - WATER QUALITY WETLANDS AND STCORMATER BRANCH Thank you for meeting with us this week (Monday August 8). Skelly and Loy is submitting the additional information requested from written correspondence on June 10 & July 25, 2005. We are requesting for NC Division of Water Quality (NCDWQ) written approval under Section 401, Clean Water Act, 33 USC 1344. This will assist in compliance with Water Quality Certification (WQC) 3402 and its accompanying Nationwide Permit (NWP) 39. We have also revised the PCN application to clarify our requests. These requests are for Massey Preserve Phase I and II, which includes the stream crossing of the unnamed tributary to Harris Creek. Proposed impacts associated with these first two phases include: 95 linear feet of an unnamed tributary to Harris Creek; 6,442 square feet of associated stream buffers; and 0.092 acres of wetlands. We have addressed your included written comments in the following paragraphs. 1. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. The area of stream impacts related to the utility line should be shown on the site plan. Regarding stream impacts, the only permanent stream impact on the proposed subdivision is the entrance road. As noted in the permit and site plan, we are requesting 95 linear feet of stream impact for the 90 linear feet of culvert and fill slopes. As we discussed in our meeting and also noted in the PCN application (Section VII), the new bridge will remediate the current crossing by allowing biological migration. Once the new crossing is completed, the old one will be restored. Concerning the new sewer line at the southwest corner of the Jimmie T. Poole tract, we will not be crossing the unnamed tributary (UT) to Harris Creek. In order to tie in with the existing sewer manhole that is located in Zone 1 of the UT to Harris Creek, will be temporarily impacting both riparian zones. DWQ 401 Certification & Neuse R. Buffer Rules Re-Submittal Massey Preserve August 12, 2005 Page 2 of 3 2. Please indicate all buffer impacts on the site plan. It appears there are buffer impacts that are not shown on the site plan these should be clearly shown with matching as Zone 1 and Zone 2. Temporary buffer impacts include the two sewer line extensions near the southwest corner of the Jimmie T. Poole tract. In order to tie in with the existing sewer manhole that is located in Zone 1 of the UT to Harris Creek, we will be temporarily impacting both riparian zones. Permanent buffer impacts include the stream area associated with the entrance road. These impacts are listed below. Zone* Impact (square feet) Multiplier Required Mitigation 1 4,155 3 N/A 2 2,287 1.5 N/A Total 6,442 N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Lone 2 extends an additional 20 feet from the edge of Zone 1. 3. Please indicate the location of the protected buffers as overlays on the site plan. We have indicated the location of the protected buffers and open space on the site plan. These areas include the stream and downstream pond on the east side of Phase I and the pond and downstream tributary to Harris Creek in the southeast corner of Phase II. We have also illustrated the 42.56 acres adjacent to the Neuse River that was dedicated to the City of Raleigh in Attachment 2(Wake GIS Maps). 4. Please locate all isolated or non-isolated wetlands, streams, ponds and other waters of the State as overlays on the site plan. We have clarified the wetlands, streams, ponds, and other waters on the site plan and labeled them as such. 5. Please indicate all stormwater outfalls on the site plan. The location of the referenced level spreaders should be shown on the site plan with appropriate calculations. We have shown all stormwater outfalls on the site plan. Additionally, we have also included details for Stormwater Ponds 1 to 6 and stormwater calculations in the 3 subsequent sheets. While under construction, custom sedimentation basins will be installed to protect buffers against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with the Wake County Sedimentation and Erosion Control requirements. Future Massey Preserve phases will also have the required level spreaders and stormwater outfalls and will be built according to 0 DWQ 401 Certification & Neuse R. Buffer Rules Re-Submittal Massey Preserve August 12, 2005 Page 3 of 3 DWQ standards. We have also included the Nitrogen & Stormwater Calculations (Attachment 3) that we discussed during our meeting. Included in this document is the Nitrogen buy down (page 2). The current project will establish and maintain wetland and upland vegetated buffers to protect open waters along Harris Creek, Neuse River, and their tributaries. Also, a large greenway easement was dedicated to the City of Raleigh adjacent to the Neuse River. This subdivision has been designed around environmental stewardship. It will act as an environmental education stage for a multitude of visitors and its homeowners for perpetuity. Two major waterways and their future accompanying Wake County Greenway Trails surround half of this site. It is also has a large Neuse River riparian wetland inhabited by migratory waterfowl regularly. Through environmentally-sensitive engineering and planning, we were also able to preserve two scenic ponds and adjacent open space for this community. Future plans for the larger pond, near Forestville Road, include adding a natural wood-chip base to the current dirt pathway that circumvents this pond. The enclosed PCN Application and attached additional documentation listed below should provide the necessary information required to secure written concurrence for impacts to Neuse River Buffers, streams, and wetlands; and meet requirements for GC's 3402 under DWQ 401 Water Quality Certification for the impacts described above and on the attached PCN Application. Attachments: 1. Massey Preserve Phase I & II Site Plan, Stormwater Calculations, & Details 2. Wake County GIS Maps (Stream, Greenway, 2002 aerial) 3. Nitrogen & Stormwater Calculations We appreciate your commitment and recommendations for this project. As we discussed during our meeting, we do not anticipate any further wetland, stream, or buffer impacts. Future phases will be designed and constructed when a gravity sewer collection system becomes available to the western part of this property. If you should have questions or require additional clarification during the review please feel free to contact me immediately at (919)878-3535 or email: jkeller@skellyloy.com. Sincerely, Skelly and Loy Jay Keller Wetland Ecologist Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. DW< # O-uy4Z (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here IDT, D II. Applicant Information 2005 AUG 1 5 1. Owner/Applicant Information WATER QUALITY F,Rpt CH Name: McIntyre and Associates Mailing Address: 4932-B Wind Hill Drive Ralei h North Carolina 27609 Telephone Number: 919-876-0145 Fax Number: 919-876-0699 E-mail Address: a icinty@belIsouth.net 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: Jay Keller Company Affiliation: Skelly and Lo Mailing Address: 6404 Falls of the Neuse Rd Raleigh, North Carolina 27615 Telephone Number: 919-878-3535 Fax Number: 919-878-3550 E-mail Address: 'keller a skell to .com 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 Page 5 of 12 . 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: Massey Preserve 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 1747306535, 1747301987, 1747216022 1747102638,1747207216,1747301394 4. Location: County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Massey Preserve Directions to site (include road numbers, landmarks, etc.): From US 401N, turn right just past Neuse River on Mitchell Mill Road & proceed lmile. Turn right (south) on Forestville Road and proceed 1 mile Site is at the intersection of Forestville and Thorny Bush Lane. 5. Site coordinates, if available (UTM or Lat/Long): N 35° 52.0% W 78° 31.0' 6. Property size (acres): 154 acres: Phase I & II: 37 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Harris Creek & Neuse River 8. River Basin: Neuse 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Mixed forested and agricultural tract. Vacant, agricultural, and residential area. 10. Describe the overall project in detail, including the type of equipment to be used: A Single family subdivision in the City of Raleigh. The subdivision will include public water and sanitary sewer mains sidewalks concrete curb and gutter, and a storm water collection system. Equipment includes trackhoes, bulldozers, and graders. 11. Explain the purpose of the proposed work: To construct a new road crossing adjacent to the current Thorny Bush Drive road crossing. The new crossing will meet engineering & planning standards and will allow for improved access to approximately 95% of the remaining land to the west of the unnamed tributary to Harris Creek The new access point will directly align the new access road with Forestville Road and the street on the east side of Forestville Road. Thorny Bush Drive currently enters Forestville Road at a bad angle and not in-line with the trailer park road on the other side. The culvert will be placed in accordance to best Page 6 of 12 management practices (BMP's) to allow aquatic passage This will greatly assist in biological migration since the current culvert does not allow aquatic passage during low flow conditions. The installation of an 8" sewer line will be located in the southeast corner near the back of Jimmie Poole's property (Wake ID 174703301394) There is an existing sewer line that runs parallel to the north bank of Harris Creek at the rear of the Poole & Massey lots A 20-foot easement is required and trenches will be excavated using a trackhoe The easement will be graded to the pre-existing elevation and seeded for grass The channel excavated for the pipe will be approximately 3-foot wide In order to tie in with the existing sewer manhole that is located in Zone 1 of the UT to Harris Creek we will be temporarily impacting both riparian zones. Construction of a second 8" sewer line will attach to an existing manhole 180 feet southwest of previously mentioned sewer manhole Impact from this installation will be temporary excavation inside the unnamed tributary to Harris Creek buffer area. 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. DWQ # 05-0942. 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 Future plans for the larger pond near Forestville Road include adding a natural wood-chip base to the current dirt pathway that circumvents this pond Future phases are anticipated when a gravity sewer collection system become available to the western part of this proprtv. However, there are no further impacts to waters of the US or NC anticipated with these phases. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 7 of 12 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: Thorny Bush Drive will impact 95 feet of UT to Harris Cr. A single 72" RCP will convey surface water flows. Impacts to the tributary include excavation and filling. Impacts to the wetlands include filling on lots 7 & 8 from the level spreader to the east: and filling adjacent to the dry detention ponds 1 & 5. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Itnpact* Area of Impact (acres) Located within 100-year Floodplain** ( es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** Road Crossing Fill 0.043 No 0 forested Lot 7 Fill 0.021 No 50 forested Lot 8 Fill 0.020 No 50 forested Dry Pond 1 Fill 0.006 No 52 forested Dry Pond 5 Fill 0.002 No 100 forested TOTAL 0.092 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, rui, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httl2:HNvwNv.femil.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 3 acres Total area of wetland impact proposed: 0.092 acres 3_ Individually list all intermittent and perennial stream impacts below: Length Stream Impact Site Number (indicate on map) Type of Impact* of Impact (linear Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) feet) Road Crossing Culvert 95 ft. UT to Harris Creek 4 Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, wwvv.in apJc ticst.coin, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 95 linear feet. Page 8of12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S. below: IArea of Name of Waterbody Type of waterbody Open Water Impact Site Number Type of Impact* (indicate on map) Impact (if applicable) (lake, pond, estuary, sound, (,,, -N bav, ocean, etc.) N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation if construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): F-1 uplands El stream El wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): n/a Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): n/a Size of watershed draining to pond: n/a Expected pond surface area: n/a VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The new crossinq will meet enaineerina & plannina standards for the new subdivision and directly align the new access road with Forestville Road and the street on the east side of Forestville Road Thorny Bush Drive currently enters Forestville Road at a bad angle and not in line with the road on the other side This new road will be necessary to access the maiority (95%) of the property thus sustaining the development of the proposed subdivision The culvert will be placed in accordance to best management practices (BMP's) to allow aquatic passage This will greatly assist in biological migration since the current culvert does not allow aquatic passage during low flow conditions The proposed realigned path of Thorny Bush Drive was selected to avoid as man wetlands as possible and cross the stream at a desired location. The road crossing was placed upstream of a large pond and below wider riparian 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors Page 9 of 12 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. IX. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm?ide.litm1. 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. The project will establish and maintain wetland and upland vegetated buffers to protect open waters along Harris Creek Neuse River. and their tributaries. Also, a land dedication of 42.56 Ac. was dedicated to the City of Raleigh from this subdivision along the Neuse River. Within this area, there are areas of uplands outside of the Neuse River 100-year floodplain and stream buffers. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount of Non-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No Page 10 of 12 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 ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 4,155 3 N/A 2 2,287 1.5 N/A Total 6,442 N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Lone z exienub wi additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Propertq;'Coilservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Buffer Mitigation is not required Uses are allowable without mitigation. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Page 11 of 12 The total area of site is 37 acres with 0.25 acres of existing impervious area. Total proposed impervious area is 8.42 ac or 22.8%. Stormwater on site will be collected and discharged via level spreaders and preformed scour holes to achieve diffuse flow through the Neuse River Buffers in compliance with the Riparian Area Protection Rules. Level spreader and preformed scour hole design is based upon DWQ's Draft Level Spreader Design Options v.1.0, dated October 10, 2001. While under construction, custom sedimentation basins will be installed to protect buffers against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with the Wake County Sedimentation and Erosion Control requirements. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The wastewater generated from the proposed proiect will travel through a non- discharge gravity sewer collection system to the City of Raleigh WWTP. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Office Use Only: Fonn Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to tlus project, please enter "Not Applicable" or "N/A".) Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information 1[awmV@ 5 MAY 3 12005 Name: McIntyre and Associates . ,P p-p 01 IiN I Mailing Address: 4932-B Windy Hill Drive °tnsat?DSTOi.'?ti'iATER6Rht?CH Raleigh, North Carolina 27609 Telephone Number: 919-876-0145 Fax Number: 919-876-0699 E-mail Address: a mcinty(2abellsoutli.net 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: Jav Keller Company Affiliation: Skelly and Loy Mailing Address: 6404 Falls of the Neuse Rd. Raleigh, North Carolina 27615 Telephone Number: 919-878-3535 Fax Number: 919-878-3550 E-mail Address: jkeller a,skellyloy.com 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 Page 5 of 12 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: Massey Preserve 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1747306535. 1747301987, 1747216022 1747102638 4. Location: County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Massey Preserve Directions to site (include road numbers, landmarks, etc.): From US 401N, turn right just past Neuse River on Mitchell Mill Road & proceed 1 mile. Turn right (south) on Forestville Road and proceed l mile. Site is at the intersection of Forestville and Thorny Bush Lane. 5. Site coordinates, if available (UTM or Lat/L.ong): N 35° 52.0'; W 78° 31.0' 6. Property size (acres): 35 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Harris Creek & Neuse River 8. River Basin: Neuse 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Mixed forested and agricultural tract. Vacant, agricultural, and residential area. 10. Describe the overall project in detail, including the type of equipment to be used: A Single family subdivision in the City of Raleigh. The subdivision will include public water and sanitary sewer mains, sidewalks, concrete curb and gutter, and a storm water collection system. Equipment includes trackhoes, bulldozers, and graders. 11. Explain the purpose of the proposed work: To construct a new road crossing adiacent to the current Thorny Bush Drive road crossing. The new crossing will meet engineering & planning standards for the new subdivision and directly align the new access road with Forestville Road and the street on the east side of Forestville Road. Thorny Bush Drive currently enters Forestville Road at a bad angle and not in-line with the trailer park road on the other side. This new road will be necessary to access the majority of the property, thus sustaining the development of the proposed subdivision. The culvert will be placed in accordance to best management practices (BMP's) to allow aquatic Page 6 of 12 passage. This will greatly assist in biological migration since the current culvert does not allow aquatic passage during low flow conditions. The installation of an 8" sewer line will be located in the southeast corner near the back of Jimmie Poole's property (Wake ID 174703301394). There is an existing sewer line ,c that runs parallel to the north bank of Harris Creek at the rear of the Poole & Massey lots. A 20-foot easement is required and trenches will be excavated using a trackhoe. The easement will be graded to the pre-existing elevation and seeded for grass. Where ` the sewer line crosses the approximately 4-foot stream, the pipe will be placed under the bed of the stream. The channel excavated for the pipe will be approximately 3-foot ,y wide. A 20-foot temporary easement will be maintained during construction and the stream will be graded to its former elevation upon completion. Construction of a second 8" sewer line will attach to an existing manhole iust west of previously mentioned sewer line. The only impact from this installation will be temporary excavation inside the Harris Creek buffer area. 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. N/A 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 further impacts to waters of the US or NC are anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: Thorny Bush Drive will impact 96 feet of UT to Harris Cr. A single 72" RCP will convey surface water flows. Impacts to the tributary include excavation and filling. One temporary stream impact is proposed for a sewer line. Impacts to the tributaries include temporary excavation. 2. Individuallv list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain * Nearest Stream (linear Type of Wetland k* (indicate on map) (acres) ( 'es/I10) feet) 1 Fill 0.0532 no 0 forested ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/dminage, etc. For dams, separately list impacts due to both structure and flooding. 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at blip //uww.fema.sov. List a wetland type that best describes wetland to be impacted (e.g., fresliNvater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 3 acres Total area of wetland impact proposed: 0.0532 acres 3. Individuall list all intermittent and perennial stream imp acts below: Length Stream Impact of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear Before Impact (please specify) feet) 1 Culvert 96 ft. UT to Hams Creek 4 Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement %vall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightming, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named strcarn into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at wevw.us s.?oy. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.cont, \%-\i\v.mahgnest.conl, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 96 linear feet. 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Name NVatcrbody Type of Waterbody Site Number Type of Impact* Impact ) (If applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation if construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Page 8 of 12 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): n/a Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): n/a Size of watershed draining to pond: n/a Expected pond surface area: n/a VII VIII Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The new crossing will meet engineering & planning standards for the new subdivision and directly align the new access road with Forestville Road and the street on the east side of Forestville Road. Thorny Bush Drive currently enters Forestville Road at a bad angle and not in-line with the road on the other side. This new road will be necessary to access the majority of the property thus sustaining the development of the proposed subdivision. The proposed realigned path of Thorny Bush Drive was selected to avoid as many wetlands as possible and cross the two streams at desired locations. The road crossing was placed upstream of a large pond and below wider riparian wetlands. As previously mentioned the culvert will be placed in accordance to best management practices (BMP's) to allow aquatic passage. This will greatly assist in biological migration since the current culvert does not allow aquatic passage during low flow conditions. The new Thorny Bush Drive will allow for maximum land usage since approximately nine-tenths (9/10) of the property is to the west of this tributary. There is also an existing sewer line to the south along the north side of Harris Creek that has an integral part in the location of lots roads and utilities. The proposed line will be an extension of that existing sewer line and will satisfy the City of Raleigh's criteria for a gravity driven sanitarv sewer line. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of Page 9 of 12 aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at ham://li2o.enr.state.nc.iis/ncwetlands/strniQide.litml. 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 (acreagellinear 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. The project will establish and maintain wetland and upland vegetated buffers to protect open waters along Harris Creek, Neuse River. and their tributaries. Also, a land dedication of 42.56 Ac. was dedicated to the City of Raleigh from this subdivision along the Neuse River. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http:Hli2o.enr.state.nc.us/wrp/index.litIn. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): NO Amount of Non-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federaUstate) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? Page 10 of 12 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 5,400 3 N/A 2 3,600 1.5 N/A Total 9,000 N/A ' Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or.0260. Buffer Mitigation is not required. Uses are allowable without mitigation. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The total area of site is 35 acres with 0.00 acres of existina impervious area. Total proposed impervious area is 8.42 ac or 24.05%. Stormwater on site will be collected and discharged via level spreaders and preformed scour holes to achieve diffuse flow through the Neuse River Buffers in compliance with the Riparian Area Protection Rules. Level spreader and preformed scour hole design is based upon DWQ's Draft Level Spreader Design Options v.1.0, dated October 10, 2001. While under construction, Page 11 of 12 custom sedimentation basins will be installed to protect buffers against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with the Wake County Sedimentation and Erosion Control requirements. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The wastewater generated from the proposed project will travel through a non- discharge gravity sewer collection system to the City of Raleigh WWTP. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 513110-5- ,/'/' Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ,. d lye '?.-.? '- V - - % l-f .1 - - ," f , .,.i3 t • ? a v -ref. ?` %_`!, • 1,?{/ { -I3 '• .- \+11 1 •. ..? 4 3 ' { h 1 K .F•' - r,`?• is ?.i,? • N a• 4 Vii'?`?`'?. .a• . ,? .- - \ ? - ? f ham., , + • z 4. i . • 1 A -- 'tt ''? '• • ?. - ? d. . to •'i J>. - _ a i t • xet a .. s".? t. >'2i7 ? .' ? S??v. ? -? t9 n •.? ?i t J-... _. - I? rl ' 4t ? I , 4?•r' ?t??yk r 'f. s???l. e. -. ? - _ 1. ti!? a,i ?+• + 5: .. (, I', ti ? ?. (? '9`+cy •? 1. • \.•: ? J J ?Ay+ 4 ? J•. T' x re sr? _ 1D Tq*Q` b Cjopvn et 0 I Ddmw Yamrtk ME WN %we Data: uses i roe tt Skgb:1: 240 Dad 13-1 Datmo: wGSM i _ _ Dc'., csSiCNS ., J0 ^.A �-1..r-.- 4. 9.160 w11. �- q DRAMYC Cr,L H/C ^c' o� i RAMP A`, �, n if o 0 6 ^ a o .o Fri : a n � n - T _ - ^ �W �� i'• ., , j .� ��./ 83 6,339 11 „^ ag Ir J r. - RAMP H/C w� 1• {"\ } 6aq .a 11.. ! 5' S f WALK n RAMP _ q Z�S •✓-+, �„• :' r /� i1 a � fir. _ es •.:: ' �- _ -- — - - - — --- - - ------ � %� � � �//� e .Soo• b.o •4 ,.`.,` -p o. �_ }—I-' .f. _ :` !//� J//,"%//;/�j �. ._soot—•T Jaov baay. H C 5' S;CEW' K CEL H C = ` _ c Soar a,a.u. / I I •! 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EE COTA'NED FR.OR TO SUEWTTINc 0 ©L H/C o o e^ �� _... 1 .� '.IYw. _ •j\.,� 1Jp CC!NS'avCT:i+J C,•?rUucNTi n os s9R SKELLY and LOY LLP MAY 2005 FIGURE 2 RAMP qR I �IT 'So ; \N p/C CEPRE597_ P ! f __ �! SITE PLAN HA IS CREEK INTERCEPTCR k75 �� \.o x7 DE0ALK „1• RAUP r'�31 5 j ,=` ' M 1992 PG 859 Massey Preserve, Phase 0 / 5 S^ RAMP mo . Y o Y - x e y _ / T "� C U.R. EKI? EAwMENi .yW McIntyreo and Associates i 6.8e) qR mry " •,( ; \''�� -Raleigh, Wake County, North Carolina 4.05A 4669 �53 Ea T ' � � --- ��_` Scale: 1" = 150' Project No. 2604026 6 N U ? 6 N N ? r 0 v o 6 N ?' i \ too Stream impac?\ Approx.96LF ,> 0000 \ r \ t ,j V 0-1. 6 299 t V t ?i A- NON-f?15TURB ?--°' . I NEUSE RIVER BUFFER EASEMEN SKELLY and LOY, LLP MAY 2005 FIGURE 3 DETAIL OF MASSEY PRESERVE STREAM CROSSING Massey Preserve, Phase I McIntyre and Associates Raleigh, Wake County, North Carolina Scale: 1" = 40' Project No. 2604026 4G Skell\ & Loy, LIA, 6.10-1 Falls of Ncuse Rd. Ralei,h, NC 2701> Atm: Mr. Keller BASIN: Ncusc RiNcr (I5,1 \CAC'13.0? Complaint NOV Incident ,larch 7, 200-5 'far-Pimlico (I 5A NC1C 213 .0259) N ItRIMltt'05-0033 County: Wake Butter Determination x Anneal Call --- Project frame: Massey Property Location'Directions: Loc.tted off of Fore,,tsills Rd. SR 20.11) SubJect Stream: UT to Harris Creek and I lams Creek F Easley. Go,crnor ?m G_ Ross Jr-, Scuctury t:cat`; Carc n i Depart•nc•-.t ?` Er v:rcrrtcrt 1 ?? ,h al Resc?,'ces Al,w CJ n' n?ri P E D,ractc• Cc' cn ti S. D_puty Ducctcr Dr„S,:n of V,'atL?r Qual;ty Date of Determination: 3/7/0 Feature Start Butler End Buffer Stream Appeal Located Located on GPS Points (if Form Call on Soil USGS provided) Sur%ey Topographic SI 1 (?-r POND 22 ? Y ?x S2 cr'UtiVQ 11.1 E! ? j `t S3 1 'u, S3 Start Flab t S4 "W, S-l Start Flag \ 1 Si 1 Not Subject i ? SG 1 Not subject i - - 1 1 x fij,;rr f?c_j cncl of' ___ 16-3 t.'a1 Serv _ Ccr!,, (]_..3,t? R,] ;jt?, tic 'J2 'tCUE phcne (919) 571-4700 Custcmcr Service facsim,'o (919) 571-47 13 1-377-623-6743 Massey PlOrw t" /2005 P?t()r; 2 of 2 This on-site dchrminution shall expire firr t i) gears from the date of this letter. Landowners or allected panic that disptrte fi deternniuatioll made hY the DI{ Q or Delegated Local .Iullrarity that a sill./act, water e_Vi%ts (1/111 that it is suhject to 111c huf er rule may rcqucst a dctcrntinrtion ht- the Director. . I request for a determination hi, the Director shall he rclerrecl rcr the Director in ?rritin.,' c;'o (:?vldi Karoly , IM '(l Wctlundsl'401 Unit, 2321 Crahtrct, 81vc1., Ralci(llt, A C 2'004-3260. Individuals that dispute a determination ht? the OJVQ or Deler afcd Local Itrthorit'v that "twentpts" it surface water from the huller rule nurt, ask for rill ad judicatory hearing;. You must act within 60 dot°.s of the date that rou rcc rive this letter. Applicants are Ircrcht, notified that the 00-dat• ctutulort• appeal lime dues not start until the allrcted party (including downstream and adjacent lantill lcvlers) is notified o l this decision. DlVC) recommends that the applicant conduct this notification in order ter he certain that third party appeals art, made in a timely manner. To usk firr a hearing, sent/ a written petition, which conforms to Chapter 1508 of the North Carolina Getrcral Statutes to tht, Office of Administrative llearing,s, 6-11 :Hail Service Center, Ralei,4h, N.C. 2'699-0-1-1. this determination is final and binding unless you cask fi)r it hearing within 60 clans. The (ow nerfuntre owners) should notilj• the Division of Water Quality (including urrt other Local, State, and Federal ; i encies) of this decision concerning cary,fimire correspondences regarding the auhject property (stated above.). This project mat, require a Section 40-V401 Permit firr the proposed activity. . I l l t, inquiries should be directed to the Division of Water Qattlitt' (Central Ojfice) at (919)-'3 3-1'S0, find the 1 %SArmy Cor1r (If Engineers (Raleigh Regulatort• Field Office) at (919)-S'6-N441. Respcrtfully, r 1'Ls -_L' 1 ?r /'l l. Michael Moran Ftivirunmerttal Spec. I CC: File Cop} Central Files D\VQ 401 Storm%satcr,\Vct1,mds (fl ice North Carolina Division of Water Quaiity - Stream Identification Forrn; Version 3.1 Date: Project: r " Latitude: Evaluator: Site: Longitude: Total Points: Stream is at least intermittent County: Other - e.g. Quad Name: if? 79 or perennial if a 30 A. Geomorphology (Subtotal= << _) Absent Weak Moderate Strong 1a. Continuous bed and bank 0 ( = > 2 3 2. Sinuosity 0 1 Cg - 3 3. In-channel structure: riffle-pool sequence ('6"' 1 2 3 4. Soil texture or stream substrate sorting 1 2 3 5. Active/relic floodplain 0 1 C2 3 6. Depositional bars or benches CQ -' 1 2 3 7. Braided channel b J 1 2 _ 3 8. Recent alluvial deposits 0 1 2 3 9 a Natural levees 0 1 2 3 10. Headcuts 1 2 3 11. Grade controls 001 0.5 1 1.5 12. Natural valley and drainageway 0 0.5 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. Nc( 0 Yes = 3 - Man-trade ditCtieS are not rated; see discussions in manual B. Hvdroloav Isuhtntai = /, 1 14. Groundwater flow/discharge 0 1 2 I 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or growing season 0 1 r F.- r ' 16. Leaflitter 1.5 1 0.5 a 17. Sediment on plants j? J 1 1.5 18. Organic debris lines or piles (Wrack lines) Cb' 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Ye = 1.5 C_ Bioloav (Subtotal = / - )_ t 20 . Fibrous roots in channel 3 2 0 21 . Rooted plants in channel (4 2 1 0 22. Crayfish 0 i 0.5 1 1.5 23. Bivalves 0 1 2 ,) 3'** 24. Fish CD,? 0.5 1 - 1.5 25. Amphibians 0 0.5 1" 1.5 26. Macrobenthos (note diversity and abundance) 9 0.5 _ 1 1.5 27. Filamentous algae; periphyton (j 0.5 1 1.5 28. Iron oxidizing bacteria/fungus. lk. 0.5 1 (----j .5 -' 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Othe (= 0, items zu and ai focus on the presence of upland plants, item 29 tocuses on the presence of aquatic or wetland plants. Notes: (use back side of this form for additional notes.) Sketch: f L 1 �, i .. / .� % l .... herw�" i• '7 i. :1 r) }�'., :r�. _. y.r., y.. -., r�v I!. 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I f[ E f yi " +A yT ? 5 1 A ?df' R j d J } ±? ,:.?? 3 a H r? Ai 1 t R.?Mt '°'grE3 'tr L ,,t FFFr??{ '7 f) ,`t t L r n P w ?alyy4i? ., a r k j?A # i ar p ?" ? f ! j.. 1 fa S?xr s o' YF Y? ( i' :F Kx x? A k s c ? d?a ?sP'< ?? ? rR J r s76 s e1' ?, 5i , v d p , J Wa. ti Ai A" C ?Af1lM fkt ? r ' x 7 } a ik i - or "r Sq ww,y.giJ y?q } -h ya { t;e 7 ,. ' d ' t,- roA"'wr w xsl t Iar ikry I ?"" I > f 4 r r r X ? n 'x . , April 15, 2005 TO: Skelly and Loy, LLP 6404 Falls of Neuse Rd. Raleigh, North Carolina 27615 FROM: Mr. George McIntyre McIntyre and Associates 4932-B Windy Hill Drive Raleigh, NC 27609 Re: Forestville Rd. Massey Property I, George A. McIntyre , as a representative concerning the property on Forestville Road at Thorny Bush Lane in Raleigh, NC , do hereby authorize and give permission for Skelly and Loy to represent or act as agent on our behalf and allow the COE or any other regulatory agency to go on the property with an Skelly and Loy representative for such purposes as necessary to perform the job tasks. GeorgeMclntyre McIntyre and Associates 4932-B Windy Hill Drive Raleigh, NC 27609 Date Circular Pipe Flow 11 Project: Pipe ID: f Tc 1 r -? J e ? ?ti claw 'mange ATRV% J ? 1: ll Design Information (input) Pipe Invert Slope So = 0.0100 ft/ft Pipe Manning's n-value n = 0.0130 Pipe Diameter D = 72.00 inches Design discharge Q = 365.2 cfs Full-flow area Af = 28.27 sq ft Full-flow wetted perimeter Pf = 18.85 ft Half Central Angle Theta = 3.14 rad Full-flow capacity Qf = 424.7 cfs Calculation of Normal Flow Condition Half Central angle (0<Theta<3.14) Theta = 2.02 rad Flow area An = 21.63 sq ft Wetted perimeter Pn = 12.09 ft Flow depth Yn = 4.29 ft Flow velocity Vn = 16.89 fps Discharge Qn = 365.3 cfs alculation of Critical Flow Condition alf Central Angle (0<Theta-c<3.14) Theta-c = 2.37 rad ritical flow area Ac = 25.85 sq ft ritical top width Tc = 4.17 ft ritical flow depth Yc = 5.16 ft ritical flow velocity VC = 14.13 fps roude number Fr= 1.00 HARTMAN1, Pipe 5/24/2005, 1:13 AM Headwater Depth For Circular Culvert Project: Pipe ID: culvertx-section D Inlet ' i ----------------------- ? L lip e if m rawer loss D V d LSo------------------------------- Skpe So Section 1 Scction 2 O utle t exit Taihvatcr loss )esign Discharge 'ipe Diameter filet Edge Type (choose from pull-down list) filet Invert Elevation )utlet Invert Elevation 'ipe Length fanning's Roughness n-value end Loss Coefficient xit Loss Coefficient ailwater Water Surface Elevation Pipe Cross Sectional Area Culvert Slope Normal Flow Depth Critical Flow Depth Headwater Depth b Inlet Control Headwater Depth by Inlet Control Headwater Depth by Outlet Control Q = 265.2 cfs D = 72.00 inches Inlet Type = 1.5: 1 Beveled Edge le = 213.60 ft Oe = 212.79 ft L = 80.0 ft n = 0.013 Kb = 0.00 K. = 0.00 El. Yt = 212.79 ft Ao = 28.27 sq ft So = 0.0101 ft/ft Yn = 3.42 ft YC; = 4.46 ft HW-inlet= 6.85 ft Tailwater Depth for Design d = 5.23 ft Friction Loss Coefficient over Culvert Length Kt = 0.23 Sum of All Loss Coefficients K = 0.43 Headwater Depth by Outlet Control HW-outlet= 6.37 ft Design Headwater Depth HW= 6.85 ft HW/D Ratio = HW1D= 1.14 HARTMANI, HW-Pipe 5/24/2005, 1:13 AM Vertical Profile for the Culvert Project = Box ID = A Upstream Top Embankment T Elavatl'on Dnstream Top Embankment Elevation Available Lkpth - Upstream Crown Elevation Headwater Dnstream Clown Elevation Diama€er Upstream Invert Elevation or Height Taiiwater T C117vart Length Dnstream Invert Elevation Barrel Diameter or Height D or H = 6.00 ft Barrel Length L = 80.00 ft Barrel Invert Slope So = 0.0100 ft/ft Downstream Invert Elevation EDI = 212.79 ft Downstream Top Embankment Elevation EDT = 225.17 ft Upstream Top Embankment Elevation EUT = 225.17 ft Design Headwater Depth Hw = 6.85 ft Tailwater Depth Yt = 0.00 ft I Available Headwater Depth HW-a = 11.58 ft Design Hw/D ratio Hw/D = 1.14 Upstream Invert Elevation EUI = 213.59 ft Upstream Crown Elevation EUC = 219.59 ft Upstream Soil Cover Depth Upsoil = 5.58 ft Downstream Invert Elevation EDI = 212.79 ft Downstream Crown Elevation EDC = 218.79 ft Downstream Soil Cover Depth Dnsoil = 6.38 ft HARTMAN 1, Profile 5/24/2005, 1:13 AM ?IdCUL7+i; (SiiAfE = U .,??i!ii,i.i i,F ",?,iL S, ,_•,it.xlhl,.;, S1"DES, d "r. `9at1 SPANS No. OF DFFf1ULT DEF. ENTRANCE INLET EQUATION1 HD', 5 COD: (in.) CULVERTS CORRUG. "n" (I',YFE) EDGE (CI) NUMBER-IC CHT4-SCALE 1-RCP 8-144 29,p96ac .012 1-Con, 1-sq. proj. e (no t used) 3-headwall 9 1-1 4-groove 4 1-3 5-9roove,hd 5 1-2 6-1:1 bevel 6 3-A 7-1.5 be v. 7 3-D 2-CSP 12-96 17,p49ai 2.7x.5 .024 1-Cony 1-thin 1 2-3 54-144 16,p50ai 3x1 .028 2-mitered 2 2-2 o. 54-144 16,p50ai 5x1 .026 3-headwall 3 2-1 q 60-312 43,p58ai 6x2 .035 6-1.1 bevel 6 3-A 7-1.5 bevel 7 3-F3 0i 3-CAP 12-84 16,p39ka 2.7x...5 .024 1-Cony (Same as CSP) 30-120 16,p39ka 3x1 .028 o? 48-120 13,p39ka 6x1 .025 60-252 33,p39ka 9x2.5 .035 ALL See Inlet Control Procedures 2-Side 1-thin face, side 56-3 01 For Equations (Cir) 2-square 56-2 3-bevel 56-1 3-Side see box face, side 58-1/2 on _ I I Y 41 1 I 1 j o.,.e r u.,,.a.. rs sq. ? vu?q 1 ( 1 a.v r u.+ar, I cv..a s o.?.ce? 1 I I s... • I I 4-slope see box face, slope 59-1/2 o m ?1-- D -.. p ai - AISI, Handbook of Steel Drainage 6 Highway Construction Products, 1983 valueaorKb ka = Kaiser Aluminum, Hydraulic Design Detail, DP-131, Edition 2, 1984 EQ EDGE KE SR A 611 - DIP EE F 1 thin 0.9 0.5 0.197321 0.56771 -0.156544 0.0447052 -0.00343602 9.97E-05 mitered 0.7 0 0.107137 0.757769 -0.361462 0.1233932 -0.01606422 7.67E-04 3 headwall 0.5 0.5 0.167433 0.538595 -0.149374 0.0391543 -0.00343974 1.16E-04 4 groove 0.2 0.5 0.108786 0.662381 -0.233801 0.0579585 -0.0055789 2.05E-04 5 grv.hdw. 0.2 0.5 0.114099 0.653562 -0.233615 0.0597723 -0.00616338 2.43E-04 6 1.1-bev. 0.2 0.5 0.063343 0.766512 -0.316097 0.0976701 -0.009836951 4.17E-04 7 1.5-bev. 0.2 0.5 0.09173 0.699353 -0.253683 0.065125 -0.0071975 3.12E-04 9 5q.-proj. 0.2 0.5 0.167297 0.553766 -0.159813 0.0420069 -0.00369252 1.25E-04 9 headwall 0.5 0.5 0.087483 0.706578 -0.253295 0.0667001 -0.00661651 2.51E-04 i0 end-sect. 0.4 0.5 0.120659 0.630769 -0.218423 0.0591815 -0.00599169 2.29E-04 EQ 4's: REFERENCE 1-9 : Calculator Design Series (CDS) 3 for Tf-59, FHWA, 1980, page 60 1-10: Hydraulic Computer Program (HY) 1, FIIWA, 1969, page 16 BOX (SHAPE = 2) SLTT5IRY OF SIU?PES, MATERIALS, SIZES, d "a" Mat! SPAN RISE DEF. E,N'rRANCE INLET EQUATION HD.; 5 CODE RANGE RANGE "n" IITYPF.) EDGE (CI) N,RIBER-IC C11T4-SCALE I-RC3 4'-15' 4'-20' .012 1-Conv 1-square 1 10-1 2-1.5 bev 2 10-3 3-1.1 bev 3 10-2 4-30-75sq 4 8-1 5-90-15sq I d-2 6-0 sq 5 6-3 7-1.5 bev 6 3-2 8-bevel 6 9-1 All Sec Inlet Control 2-Side I&2-squire face, side 58-1 Procedures For 364-bevel 58-2 Equation3 4-Slope !y2-square face, slope 53-1 3s4-bevel 59-2 ac = ACPA, Concrete Pipe De;i-,n Mamial, February 198', EQ EDGE FE ,,,, A DS C DI F EE 1 square 0.5 0.5 0.122117 0.505435 -0.10d56 0.0207809 -1.37E-03 3.46E-OS 2 1.5-bev. 0.2 0.5 0.0967589 0.4551575 -0.08129951 0.01215577 -6.78E-04 0.0000148 3 1.1-bev. 0,2 0.5 0.1566056 0.3989353 -0.06403921 0.01120135 -0.0006449 1.46E-05 -1-30/75 j.4 0.5 0,J;-'4''27 O.SO7U07 -0.1114-14 0.0-_1702 -1.49E-03 O.U00038 square 0.7 0.5 0.144133 0.461363 -0.0?21507 0.0200029 -1.36E-03 0.0000358 6 bevel 9.2 0.5 0.0895633 0.4412465 -0.07434981 0.01273183 -0.0007588 1.71E-05 EQ 4's: REFERENCE 1-6: Hydraulic Corputor Program (HY) 6, FH'WA, 1969, subroutin,? PEQUA 1,4,5: Hydraulic Com-puter Program (HY) 3, FHWA, 1969, page 16 1,3,4,6: Calculator Design Series (CBS) 3 for TI-59, FH'WA, 191;0, page jr, HARTMANI, Design Info 5/24/2005, 1:13 AM N LL1 CL ?o &; J . N Lu 0 N INV OUT u z N v, ao ce 0 u o? Lu J u IN N 34.1 7' 46.1 7' INV IN 80 LF 72" RCP 1 "=50' H to a 0 J W C N 1 11 = 5' V -0.75% O m 00 cD Ln O m d' O 00 d' r4 N ?t N N LA N N Ln N N Sri i N 1 N 1 ?n n m m rn d' O t? ?t Ln t? 00 N .- r- r- ?-- N N N N N N lc? ? I lq??Iv3°JJCS 7 I Skelly and Loy, LLP 6404 Falls of the Neuse Road Suite 103 Raleigh, NC 27615 E-mail: wlyke@skellyloy.com Internet: www.skellyloy.com SKELLYArvo LOY LNGNEER:NG - EM/IF?GNMLNTAL CONGULTArJTS i= I Phone: 919-878-3535 0 Fax: 919-878-3550 June 23, 2005 Cyndi Karoly NC Division of Water Quality 401 Wetlands WQ Certification Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 O Re: Massey Preserve (S&L Project #: 2604026) g 1??5 DWQ Project # 05-0942 Wake County Raleigh, Wake County, North Carolina o?NSvoSS?t;???6 Dear Ms. Karoly: Skelly and Loy is submitting the additional information requested from Nritti::, I correspondence on June 10, 2005. We are requesting for NC Division of Watc2r OL.Iality (NCDWQ) written approval under Section 401, Clean Water Act, 33 USC 1344. This will assist in compliance with Water Quality Certifications (WQC) 3374 and 3404 and their accompanying Nationwide Permits (f\IWP) 12 and 14, respectively. We have also revised the PCN application to clarify our requests. At this current time, we are requesting to realign Thorny Bush Drive for bett,:. access to the property and to provide sanitary sewer to the homesites. In order to provide this property access, we are proposing to impact 92 linear feet of an unnamed tributary to Harris Creek and 4,432 square feet of associated stream buffers. We have addressed your included written comments in the following paragraphs. 1. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. The area of stream impacts related to the utility line should be shown on the site plan. Regarding stream impacts, the only permanent stream impact on the proposed subdivision is the entrance road. As noted in the permit and site plan, we are requesting 92 linear feet of stream impact. Also noted in the PCN application (Section VII), the new bridge will remediate the current crossing by allowing biological migration. Once the new crossing is completed, the old one will be restored. Concerning the new sewer line at the southwest corner of the Jimmie T. Poole tract, we will not be crossing the unnamed tributary (UT) to Harris Creek. In order to tie in with the existing sewer manhole that is located in Zone 1 of the UT to Harris Creek, will be temporarily impacting both riparian zones. Office Locations: Harrisburg, PA Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD Affiliated Company: AMS of Skelly and Loy, Harrisburg, PA f. DWQ 401 Certification & Neuse R. Buffer Rules Re-Submittal Massey Preserve June 23, 2005 Page 2 of 3 2. Please indicate all buffer impacts on the site plan. It appears there are buffer impacts that are not shown on the site plan these should be clearly shown with matching as Zone 1 and Zone 2. Temporary buffer impacts include the two sewer line extensions near the southwest corner of the Jimmie T. Poole tract. In order to tie in with the existing sewer manhole that is located in Zone 1 of the UT to Harris Creek, will be temporarily impacting both riparian zones. Permanent buffer impacts include the stream area associated with the entrance road. These impacts are listed below. Zone* Impact (square feet) Multiplier Required Mitigation 1 2,555 3 N/A 2 1,787 1.5 N/A Total 4,432 N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. Please indicate the location of the protected buffers as overlays on the site plan. We have illustrated the 42.56 acres adjacent to the Neuse River that was dedicated to the City of Raleigh. 4. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. The wetlands on the site plan are the solid blue areas. Proposed wetland impact areas are listed on the attached PCN. The streams are illustrated as solid blue lines along with the survey mark identification. 5. Please indicate all stormwater outfalls on the site plan. The location of the referenced level spreaders should be shown on the site plan with appropriate calculations. 0 DWQ 401 Certification & Neuse R. Buffer Rules Re-Submittal Massey Preserve June 23, 2005 Page 3 of 3 Impervious cover for this project (2.5%) is well below 30%. Please refer to section XI (stormwater) in the PCN application. The scope of this project and permit is to realign Thorny Bush Drive for better access to the property and to provide sanitary sewer to the homesites. While under construction, custom sedimentation basins will be installed to protect buffers against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with the Wake County Sedimentation and Erosion Control requirements. If future project plans require level spreaders and other stormwater outfalls, we will install them according to NCDWQ standards. We are requesting for NC Division of Water Quality written approval under Section 401, Clean Water Act, 33 USC 1344. If you should have questions or require additional clarification during the review please feel free to contact me immediately at (919)878-3535 or email: jkeller@skellyloy.com. Sincerely, Skelly and Loy Jay Keller Wetland Ecologist Office Use Only: Form version May 2002 USACE Action ID No. DWQ No. DWQ # 05-0942 (if any particular item is not appticaDic to uus project, please enter -toot Appticaote or iviti .) Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12,14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details, --I- here, II. Applicant Information ?5 v t5 D JUL 1 9 2005 1. Owner/Applicant Information DENR - WATER QUALITY Name: McIntyre and Associates ?'•?.JpS?di6Dr ,, Mailing Address: 4932-B Windy Hill Drive Raleigh, North Carolina 27609 Telephone Number: 919-876-0145 Fax Number: 919-876-0699 E-mail Address: a-mcinty@belIsouth.net 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: Jay Keller Company Affiliation: Skelly and Loy Mailing Address: 6404 Falls of the Neuse Rd. Raleigh, North Carolina 27615 Telephone Number: 919-878-3535 Fax Number: 919-878-3550 E-mail Address: ikeller a skellyloy.com 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 Page 5 of 12 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: Massey Preserve 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 1747306535, 1747301987, 1747216022 1747102638,1747207216,1747301394 4. Location: County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Massey Preserve Directions to site (include road numbers, landmarks, etc.): From US 401N turn right. just past Neuse River on Mitchell Mill Road & proceed lmile. Turn right (south) on Forestville Road and proceed 1 mile Site is at the intersection of Forestville and Thorny Bush Lane. 5. Site coordinates, if available (UTM or Lat/Long): N 35° 52.0': W 78° 31.0' 6. Property size (acres): 154 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Harris Creek & Neuse River 8. River Basin: Neuse 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Mixed forested and agricultural tract. Vacant, agricultural, and residential area. 10. Describe the overall project in detail, including the type of equipment to be used: To construct a new road for access to the interior lots off of Forestville Road. Sewer will also be provided for them to an existing sewer line in the southeast area. This existing sewer line runs northerly adjacent to Harris Creek. Equipment includes trackhoes, bulldozers, and graders. 11. Explain the purpose of the proposed work: To construct a new road crossing adjacent to the current Thorny Bush Drive road crossing. The new crossing will meet engineering & planning standards and will allow for improved access to approximately 95% of the remaining land to the west of the unnamed tributary to Harris Creek. The new access point will directly align the new access road with Forestville Road and the street on the east side of Forestville Road. Thorny Bush Drive currently enters Forestville Road at a bad angle and not in-line with the trailer park road on the other side. The culvert will Pap 6 of 12 be placed in accordance to best management practices (BMP's) to allow aquatic passage (see profile view attachments). This will greatly assist in biological migration since the current culvert does not allow aquatic passage during low flow conditions. The installation of an 8" sewer line will be located in the southeast corner near the back of Jimmie Poole's property (Wake ID 174703301394). There is an existing sewer line that runs parallel to the north bank of Harris Creek at the rear of the Poole & Massey lots A 20-foot easement is required and trenches will be excavated using a trackhoe. The easement will be graded to the pre-existing elevation and seeded for grass. In order to tie in with the existing sewer manhole that is located in Zone 1 of the UT to Harris Creek will be temporarily impacting both riparian zones. Due to the proximity of the existing manhole to the tributary, any stream impacts will be reclamated and returned to its former elevation upon completion. Construction of a second 8" sewer line will attach to an existing manhole 180 feet southwest of previously mentioned sewer manhole Impact from this installation will be temporary excavation inside the unnamed tributary to Harris Creek buffer area. 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. DWQ # 05-0942. 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 further impacts to waters of the US or NC are anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: Thorny Bush Drive will impact 92 feet of UT to Harris Cr. A single 72" RCP will convey surface water flows. Impacts to the tributary include excavation and filling. 2. Individually list wetland impacts below: Wetland Impact Area of Located within 100-year Distance to Nearest Type of Site Number Type of Impact* Impact Floodplain * Stream (linear Wetland (indicate on map) (acres) ( es/no) feet) 1 Fill 0.039 no 0 forested • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clewing, grading, lill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. " 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at 11ttll://nww.fc111a.gov. List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 3 acres Total area of wetland impact proposed: 0.039 acres 3. Individuallv list all intermittent and perennial stream impacts below: Length Stream Impact of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear Before Impact (please specify) feet) 1 Culvert 92 ft. UT to Hams Creek 4 Perennial ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. '• Stream names can be found on USGS topogmpllic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest doNvnstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at v?ww.usgs.gov. Several intemet sites also allow direct doNrnload and printing of USGS maps (e.g., NNN w.tolxlzone.alnl, NN-%y%y.nlap<111est.Co111, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 92 linear feet. 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and anv other water of the U.S.) below: Open Water Impact Area of Name of Waterbod y Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) bay, ocean, etc.) N/A • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation if construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Page 8 of 12 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): n/a Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): n/a Size of watershed draining to pond: n/a Expected pond surface area: n/a 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. To construct a new road crossing adjacent to the current Thomy Bush Drive road crossing. The new crossing will meet engineering & planning standards and will allow for improved access to approximately 95% of the remaining land to the west of the unnamed tributary to Harris Creek. The new access point will directly align the new access road with Forestville Road and the street on the east side of Forestville Road. Thorny Bush Drive currently enters Forestville Road at a bad angle and not in-line with the trailer park road on the other side. The culvert will be placed in accordance to best management practices (BMP's) to allow aquatic passage (see profile view attachments). This will greatly assist in biological migration since the current culvert does not allow aquatic passage during low flow conditions. The proposed realigned path of Thorny Bush Drive was selected to avoid as many wetlands as possible and cross the stream at a desired location. The road crossing was placed upstream of a large pond and below wider riparian wetlands. The new paved road will also replace the existing dirt road. This will alleviate frequent maintenance and assist in emergency vehicle flow. As previously mentioned, the culvert will be placed in accordance to best management practices (BMP's) to allow aquatic passage. This will greatly assist in biological migration since the current culvert does not allow aquatic passage during low flow conditions. The new Thorny Bush Drive will allow for maximum land usage since approximately 95% of the property is to the west of this tributary. The proposed sewer line will be an extension of the Harris Creek sewer line and will satisfy the City of Raleigh's criteria for a gravity driven sanitary sewer line. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable Page 9 of 12 mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp:Hll2o.enr.state.nc.us/ncwetiands/strm,7ide.litml. 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. The project will establish and maintain wetland and upland vegetated buffers to protect open waters along Harris Creek, Neuse River. and their tributaries. Also, a land dedication of 42.56 Ac. was dedicated to the City of Raleigh from this subdivision along the Neuse River. Within this area, there is approximately 5 acres of uplands outside of the Neuse River 100-year floodplain and stream buffers. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htIn. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount of Non-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Page 10 of 12 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 ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 2,555 3 N/A 2 1,787 1.5 N/A Total 4,432 N/A ' 'Lone 1 extends out 30 fast perpendicular from near bank of channel; Gone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Buffer Mitigation is not required. Uses are allowable without mitigation. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The total area of site is 154 acres with approximately 40.000 sq. ft. of existing impervious area. Proposed new impervious area is approximately 80,000 sq. ft. Total Page 11 of 12 impervious area (existing plus new) equals 120,000 sq. feet (2.75 ac). Per recommendations from your agency in the past we have subtracted the 43 acres of dedicated area which results in a net land area of 111 acres. Therefore, total impervious area will be 2.50%. While under construction custom sedimentation basins will be installed to protect buffers against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with the Wake County Sedimentation and Erosion Control requirements. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The wastewater generated from the proposed project will travel through a non- discharge gravity sewer collection system to the City of Raleigh WWTP. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 NITROGEN S STORN1WATER CALCULATIONS MASSEY PRESERVE SUBDIVISION PHASE, RALEIGH, NORTH CAROLINA SUBMITTED BY: DEVELOPMENT CONSULTING SERVICES, INC. 1401 AVERSBORO ROAD, SUITE 206 GARNER, NC 27529 (919) 625-0411 FAX (919) 772-3437 ,00VIrlIrrrrr',' BAR ??o ,. of ?'?'s?1d °?y =., Q SEAL. 023728 A? RO$ ??''rrrnlrrH??%?l,ss1' I21 ?D5 vt.?:.:.•.?:a:c,;i: l.lfi:JLic,lIIVl,.)V,"\V I\ i..ti.INi 14V I /%VCISbUR) iMld, 3111LC "VO Garner, North Carolina 27529 Ph. (919) 625-041 1 July 31. 2005 Reference: Stormwater evaluation Massey Preserve The post construction runoff for the above indicated subdivision exceeds the pre-construction runoff by more than 10%. Therefore, there will be a need for the stonnwater to be evaluated and controlled. The project consists of three major drainage basins. The area of the basins are approximately 100, 20 and 20 acres. Due to the location of the 100 acres, stonnwater controls will not be needed. The 100 acre basin is located adjacent to the Neuse River and joins a large FEMA flood plain. However, it will be necessary to install stormwater control devices for the remaining two 20 acre basins. 'there are existing ponds currently located within both of the smaller basins. It is our understanding that these ponds are buffered and will not be considered within the stormwater control calculations. Based on the attached calculations 6 detention ponds will be installed to control stormwater for the 2-yr and 10-yr storm event. Additionally, due to space and topographical limitations, I subsurface pipe detention device will be installed. Additionally, no BMP's for nitrogen removal will be required. The nitrogen runoff requirement will be met via a buy down of 557,1 19.04. Development Con tlting Services, Inc. Keith M. Roberts, P.E. NC Reg. No. 23728 i?c.:r c,:;t-lett'.I'c t 1. tilYJUL i {I'r:, •.i..4 i( I.??. iiJi 1401 Aversboro koad, June _.ub Garner. Noith Carolina 27529 1'h. (919) 625-041 1 Jule 31. 2605 Reference: Summary of Stornmater devices Massey Preserve POSI construction 2-yr storm 10-yr storm w/ pond Detention Pond DA(Ac. ) Qpre Qpost re post 2-yr 10-yr 1 2 2.9 9.2 3.6 11.6 2.32 2.57 2 2.32 3.34 11.36 4.19 14.24 2.3 2.57 3 8 11.52 39.2 14.44 49.1 4.51 10.41 4 3 4.32 14.69 5.42 18.41 3.08 3.45 5 3.3 4.75 15.2 5.96 19.1 3.99 5.24 6 4.4 6.3 21.5 7.9 27 2.29 2.76 Pipe stora"e FES 13 .35 .5 1.71 63 2.15 52 .55 Location Stormwater Pond Approximate dimensions Riser Structure Outlet Pipe Orifice - between lots I 60'x70'x4' 4'x4' 24" 8" 114/115 2 44'x75'x3' 4'x4' 24" 8" 130/131 3 40'x 175'x4' 6'x6' 36" 10" 103/104 4 30'x 145'x3' 4'x4' 24" 10" 111/112 5 30'x70'x3' 4'x4' 24" 10" 139/140 6 88'x88'x3' 4'.x4 24" 10" 183 Location Pipe Stora-e(ii, Pipe Size Lem"th Orit ice between lots - FES 13 48" 100 1f 58!59 Exhibit 3.1 Method 1 for Quantifying TN Export from Residential Developments when Building and Driveway Footprints are Not Shown Step 1: Determine area for each type of land use and enter in Column (2). Step 2: Total the areas for each type of land use and enter at the bottom of Column (2). Step 3: Determine the TN export coefficient associated with right- of-way using Figure 3-1. Step 4: Determine the TN export coefficient associated with lots using Figure 3-2. Step 5: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter in Column (4). Step 6: Total the TN exports for each type of land use and enter at the bottom of Column (4). Step 7: Determine the export coefficient for site by dividing the total TN export from uses at the bottom of Column (4) by the total area at the bottom of Column (2) and enter it in at the bottom of Column (5). (2) (3) - - -(4) (5) Type of Land Cover Site Area TN Export Coeff. TN Export by Land Use TN Export From Site Acres Ibslac/ r Ibsl r Ibslac/ r Permanently preserved undisturbed 4 0.6 Z open sace forest, unmown meadow Permanently preserved managed 1.2 G o en s ace rass, landscaping, etc. Right-of-way (read TN export from 5 95 ? , G DU , Figure 1) . _ Lots (read TN export from Figure 2) S ,? ?, , 3 d Total 144. Z4 6 92,w w Average for Site It y 4?2? uti,is ? 5. 2 o.,,k/1t _-'?S1,II'I.bZ! OJay /9[J Shull f7ulll3M4] }o jequint4 Z/ G Z I: UC F. VI vZ ZZ 0z 111 91 t'l l OL o J b Z 0 --- - 000 ocl ? I .y x I-- - - --- --- }-- 009 I E-F ! d n f I I - - - 0001 ? I slo-1 woaj liodx3 U060 IN lalol Z-£ ain6id luau]aned sl W41 AW-10-a4f3lb;o O5u4uaoJad %OZL %OOL %09 %09 %017 %OZ %0 0,0 s -I Z m x )'OL a )'SL cr cv 0 YOZ )'SZ i 1 ' I y AeM-jo-vj6l?j u,oaj }iodxg uaGoa)!N IL';ol 6-f; aan6tj e ?0F W A TFRO co r o -c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 10, 2005 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-0942 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED McIntyre and Associates 4932-B Windy Hill Drive Raleigh, NC 27609 Subject Property: Massey Preserve at the intersection of Forestville and Thorny Bush Lane REQUEST FOR MORE INFORMATION To Whom It May Concern: On May 31, 2005, the Division of Water Quality (DWQ) received your application dated May 31, 2005 to impact 0.053 acres of wetlands, 5,400 square feet (ft) of Zone 1 and 3,600 square feet (ft) of Zone 2 protected riparian buffers and 96 feet of streams to construct the proposed residential subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Plan Details a. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. The area of stream impacts related to the utility line should be shown on the site plan. b. Please indicate all buffer impacts on the site plan. It appears there are buffer impacts that are not shown on the site plan these should be clearly shown with matching as Zone 1 and Zone 2. C. Please indicate the location of the protected buffers as overlays on the site plan. d. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. e. Please indicate all stormwater outfalls on the site plan. The location of the referenced level spreaders should be shown on the site plan with appropriate calculations. Please respond within three weeks of the date of this letter by sending this information to me in writing and Eric Kulz or Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/ Internet: htto://h2o.enr.state.nc.us/ncwetiands None Carolina Ntumily An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper McIntyre and Associates Page 2 of 2 June 10, 2005 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, i Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBK/bs cc: Eric Kulz or Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Jay Keller, Skelly and Loy, 6404 Falls of the Neuse Road, Raleigh, NC 27615 Filename: 05-0942 Massey Preserve (wake) On Hold DNirQ' #05-44942 Massey Preserve (Wake County) Subject: DWQ #05-0942 Massey Preserve (Wake County) From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Fri, 10 Jun 2005 15:05:22 -0400 To: jkeller@skellyloy.com Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. Laurie Dennison DENR - DWQ Wetlands/401 Unit 05-0942 Massey Preserve (Wake) On Hold.doe Content-Type: application/msword Content-Encoding: base64 1 of 1 6/10/2005 3:05 PM ?O? W ATF9PG Michael F. Easley, Governor O William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality July 25, 2005 DWQ Project # 05-0942 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED McIntyre and Associates 4932-B Windy Hill Dr. Raleigh, NC 27609 Subject Property: Massey Preserve at the intersection of Forestville and Thorny Bush Lane REQUEST FOR MORE INFORMATION Dear Sir or Madam:: On May 31, 2005, the Division of Water Quality (DWQ) received your application dated May 31, 2005 to impact 0.053 acres of wetlands, 9,000 square feet of buffers and 96 feet of streams to construct the proposed residential subdivision. Upon review, the DWQ determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ required additional information in order to process your application to impact protected wetlands and/or streams on the subject property. This information was addressed in our letter dated June 10, 2005. On June 19, 2005, we received a letter from Jay Keller with Skelly and Loy (dated June 23, 2005) that attempted to address our June 10 letter. Unfortunately, that response did not address all of the issues in our earlier letter. Therefore, we are returning your application and will not review the project until the issues in our June 10, 2005 letter are addressed. For your benefit, the remaining questions are repeated below. Once you have answers to those questions, you will need to reapply with seven copies of a revised PCN and a new application fee. Additional Information Requested: 1. Plan Details a. Please indicate all buffer impacts on the site plan. It appears there are buffer impacts that are not shown on the site plan these should be clearly shown with matching as Zone 1 and Zone 2. In particular, it appears that there are one or more ponds on the site. If these are subject to the Neuse River buffer rules, then the pond and buffers will need to be shown on the site plan. b. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. In particular, we cannot tell from the site plan which of the features are ponds and which are wetlands. Please make certain that the resubmittal makes the difference clear. c. Please indicate all stormwater outfalls on the site plan. The location of the referenced level spreaders should be shown on the site plan with appropriate calculations. Please note that level spreaders or other stormwater management is required for this (and all other) projects in the Neuse Basin. Please provide calculations for the level spreaders in any resubmittal. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/newetlands one N ptftCarolma atural?j An Equal Opportunity/Affirmative Action Employer- 50% Rccycled/10% Post Consumer Paper McIntyre and Associates Page 2 of 2 July 25, 2005 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. hn Dorney etlands Program Develo nent Unit CBK/jrd Enclosures: Applications cc: Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Jay Keller, Skelly and Loy, 6404 Falls of the Neuse Road, Suite 103, Raleigh, NC 27615 Filename: 050942MasseyPreserve(W a ke)Return FORESiVILLE Ra W--ri- -o-T- 1 ice/ ?LLU ?J Lu w gyp ?CIVIOSSOlB:-3 l?78 ? '?! t--I-LL I I I I I I I i. I I h r s C m l C m CA [p Z m wry 1 .- Ma "? ,,t - ?? Coo t?d ?+31?+???°.?-oid Fr fe44 ::?- C-t e? V"l ?ree?,?lo? z -?Qc sm, 9?? Massey Preserve DWQ 05-0942 Subject: Massey Preserve DWQ 05-0942 --? 0-?'2- From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Tue, 26 Jul 2005 12:49:49 -0400 To: jkeller@skellyloy.com Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. A hard copy letter is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. Content-Type: ,-Type: application/msword Content-Encoding: base64 1 of 1 7/27/2005 6:35 AM July 21, 2006 Cyndi Karoly NC Division of Water Quality 401 Wetlands WQ Certification Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Re: Massey Preserve DWQ Project # 05-0942 Wake County, North Carolina Dear Ms. Karoly: D JUL "1 4 2006 1"'tTI '05A1'0ST0rJ' TE L'wiCH On July 21, 2006, Keller Environmental received your comments dated July 18, 2006 for Massey Preserve. McIntyre and Associates has requested my follow- up with this project since the previous consulting firm and my former employer, Skelly & Loy, has closed their North Carolina office. We are informing you that construction has commenced at Massey Preserve. This includes site grading and the installation of a culvert on the unnamed tributary to Harris Creek. Permanent and temporary stormwater management structures have also been constructed in accordance with the approved plans. If you should have questions or require additional clarification please feel free to contact me at (919)569-9543 or email: kellerenviro(Dearthlink.net. Sincerely, Keller Environmental, LLC Jry KtUrh Jay Keller Principal Cc: George McIntyre, PE Lia Myott, DWQ je - DWQ EXP 20051676 Impacts Contract 1 Wetlands Streams Contract 2 Wetlands Streams Contract 3 Wetlands Streams Contract 4 Wetlands Streams Contract 5 Wetlands Steams Contract 6 Wetlands Streams Contract 7 Wetlands Streams Contract 8 Wetlands Streams Buffers Zone 1 Zone 2 Total Buffer Mitigation 182,031 sq ft 1 ac temp 454 if 6.148 ac temp 5371f 2.238 ac temp 355 if 4.745 ac temp 541 if 0.895 ac temp 880 if 1.519 ac temp 1261f 1.159 ac temp 1,1071f 5.46 ac temp 6?S4 if 6s4 349,300 sq ft 224,157 sq ft 573,457 0.212 perm 1.496 perm 0.308 ac perm 0.467 ac perm 0.02 ac perm 0 ac perm 0.092 ac perm 1.323 ac perm i I Streams Basin UT Gum Swamp Cr 030405 UT Falling Cr same UT Briery Run same Falling Cr same Briery Run Cr same UT Stonyton Cr same UT Contentnea Cr 030407 Eagle Swamp 030407 UT Neuse River 030405 Neuse River 030405 Allegator Canal 030405 UT Beaverdam Branch 030405 UT Eagle Swamp 030407 UT Swift Creek 030409 UT Lawrence Run ? could not locate UT Little Contentnea Cr 030407 Indian Well Swamp 030409 UT Indian Well Swamp 030409 UT Fork Swamp 030409 Fork Swamp 030409 Swift Creek 030409 Stonyton Cr 030405 UT Mosley Cr 030405 UT Southwest Cr 030405 UT Strawberry Br 030405 UT Mott Swamp 030405 Pinelog Br 030407 Index Stream Class 27-77-3 C SW NSW 27-77 same (as one above) 27-81-1 same 27-77 same 27-81-1 same 27-81 same 27-86-(7) same 27-86-27 same 27-(75.7) C, NSW 27-(75.7) C, NSW 27-31-1 C SW NSW 27-83 same (as one above) 27-86-27 same 27-97-(0.5) same 27-86-26 same 27-97-5-2 same 27-97-5-2 same 27-97-4 same 27-97-4 same 27-97-(0.5) same 27-81 same 27-84 same 27-80 same 27-80-7 same 27-80-6 same 27-86-26-4 same 0F VATF9 Michael F. Easley, Governor p ? r William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ? -1 Alan W. Klimek, P.E. Director Division of Water Quality July 19, 2006 DWQ EXP No. 05-1676 Lenoir/Pitt County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Harold Herring 327 N. Queen Street, Suite 121 Kinston, NC 28501 Subject Property: Neuse Regional Water & Sewer Authority EXPRESS REVIEW PROGRAM NOTIFICATION Dear Mr. Herring: On September 19, 2005, the Division of Water Quality (DWQ) issued your Water Quality Certification to construct the proposed project. Within the Water Quality Certification that you received there is a condition that reads: Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within 10 days of the commencement of construction. This is a part of the Express Review Program that is required to ensure compliance during construction and post construction. Therefore, if you have begun construction of the project, you are required to notify this office in writing by July 28, 2006. If you do not notify this office in writing and construction has started, you are in violation of the Water Quality Certification Rules as required by 15A NCAC 2H.0507(c). This letter is to notify you and make you aware of this new condition that has been written into the Water Quality Certifications issued within the Express Review Program. Please call Lia Myott at (919) 733-9502 if you have any questions regarding this matter. Since , Cyndi Karoly, 401 Oversight/Express Review Permitting Unit CBK11em cc: The Wooten Company, 120 N. Boylan Ave, Raleigh, NC 27603-1423 USACE, Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 051676NR WASA(Leno ir/Pitt)EXP+NOT 401 Oversight / Express Review Permitting Unit t 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/nc%tietlands Nom` Carolina Ntrrrally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/] 0% Post Consumer Paper n v, THE WOOTEN COMPANY July 20, 2006 E N G I N E E R I N G P A N N I N G Ms. Cyndi Karoly 401 Oversight/Express Review Permitting Unit A R C H I T E C T U R E 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Re:DWQ EXP No. 05-1676 Lenoir/Pitt County Regional Water Supply System Neuse Regional Water and Sewer Authority Kinston, North Carolina Dear Ms. Karoly: All construction contracts have been issued Notice to Proceed and are in various phases of construction. Please accept this letter as the permit required notification. Sincerely, THE WO TEN COMPANY ?' "" ?1n J ?t ct?\ Ralph . Mobley, Jr. c: NRWASA-Harold Herring TWC File (w/encl) RIN&NOW20 JUL 2 5 2006 120 Noith Bolan k.enue Raleigh NC 27603-1123 919.828.0531 DENR -WATER QUALITY VvETLAN S AND TO.R A ATER BRANCH fax 919.831.3589 ??F W AT F9Q Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources > -? Alan W. Klimek, P.E. Director Division of Water Quality July 18, 2006 DWQ EXP No. 05-0942 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED McIntyre & Associates 4932B Windy Hill Drive Raleigh, NC 27609 Subject Property: Massey Preserve Subdivision EXPRESS REVIENPROGRAMNOTIFICATION Dear Sir or Madam: On September 28, 2005, the Division of Water Quality (DWQ) issued your Water Quality Certification to construct the proposed subdivision. Within the Water Quality Certification that you received there is a condition that reads: Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within 10 days of the commencement of construction. This is a part of the Express Review Program that is required to ensure compliance during construction and post construction. Therefore, if you have begun construction of your subdivision, you are required to notify this office in writing by July 27, 2006. If you do not notify this office in writing and construction has started, you are in violation of the Water Quality Certification Rules as required by 15A NCAC 2H .0507(c). This letter is to notify you and make you aware of this new condition that has been written into the Water Quality Certifications issued within the Express Review Program. Please call Lia Myott at (919) 733-9502 if you have any questions regarding this matter. Sincerely, 6-1--6 Cyndi Karoly, 401 Oversight/Express Review Permitting Unit CBK/lem cc: Mr. Jay Keller, Skelly & Loy Inc., 6404 Falls of the Neuse Road, Raleigh, NC 27604 USACE, Raleigh Office DWQ Raleigh Regional Office File Copy Central Files Filename: 050942Mass eyPreserveS D(W ake)EXP+NOT 401 Oversight / Express Review Permitting Unit t 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands Nom` Carolina Xlura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 7 DWQ# Date (.. ! I /Os- Who Reviewed: h C l??t Plan Detall Incomplete ? Please provide a location map for the project. 1 di aters and bank stabilization on the site plan. `u El please show all stre Impacts including all fiLll s o es, ssip - 111-,N:A Y!I,Q tc, i ti 1?I? ???u `?I1L'??1 ?12 '7???t;?? ?irCv? Sf Pl ase sh? all wetland impacts including fill slopes.on the site plan. e Please indicate all buffer impacts on the site plan. is-C' JLLVQ, <>? t1:'?i l' ?. O r ele?r I Please indicate proposed lot layout as overlays on the site plan. 'i rte 1A ct I r F° r I i. Please indicate the location of the protected buffers as overlays on the site plan. I ('• S jilt ` L'w v ??..t . Z Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater. management practices asrequired by GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. Please indicate all stormwater outfalls on the site plan. <rt?. •x -??ro?:?c? bi 5??,??:.?`\??. ?r..? ???t (U?• wi+h ??frp,-?'ct?2 ? Please indicate the diffuse flow provision measures on th6 site plan. ?. ?GtIGI-hOt2S ad b conducted ? Please indicate whether or not the proposed impacts alre y een Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the dr provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please revise the plans to avoid the impacts. ? This Office believes that the - labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because rovide calculations to show that diffuse flow will be achieved through the entire buffer. If it s and h l i p e p an se t Please rev is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ . This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The 0500 and must be appropriate to the type of impacts proposed. 15 A NCAC 2H i . n plan must conform to the requirements ? Please indicate which 404 Permit the USACE would use to authorize this project. JAY KELLER Wetland Ecologist; Environmental Specialist S1404 Falls of the Neuse Road Phone: 919-878-353° iuite 103 Fax: 919-878-355( laleigh, NC 27615 E-mail: ikeller@skellvlov.corr MISSION STATEMENT Skelly and LoY is determined to exceed total client expectations in the performance of qualitA. engineering and environmental sen-ices CORE VALUES To produce Quality Work On-Time & Within Budget To Keep Staff Members Gainfully Ernploved To Earn A Reasonable Profit