20041488 Ver 5_More Info Received_20090227

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STEWART-PROCTOR PLLC
ENGINEERING & SURVEYING
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319 CHAPANOKEROAD
SUITE 106
RALEIGH, NC 27603
PHONE: [phone]
FAX: [phone]

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FEB 2 7 2009

Date:

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DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH

Attention:

LAr-J r\CtlILL.A.v

From:

JoHtJ It:EL

No. of pages:
(Including this cover)

Comment(s):

240.120 t.HP..c.k. TO (3F.:bIJ TPrE.. ~F-VI~c...I AJ(.j APPRovAL PRoc.GS.5.

{(fU/SfO Pc:::.tJ APPLlc-AT/O!J AS Dt'sc.v!Of-D l.~ ,t;op/r;.s)

Reply requested: _ Yes _No

Beverly Eaves Perdue
Governor

AVA
NCDENR

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H, Sullins
Director

Dee Freeman
Secretary

February 12, 2009

Johnston
DWQ Project No. 04-1488 Ver 5

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Algie Stephens
319 Chapanoke Road
Raleigh, North Carolina 27603

Subject Property:

Winston Pointe
Application Fee and Impacts Clarification

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FEB 2 7 2fJO.9 ...,

DENR - WATERQL'ALlTY
WETLANDS AND STORMWATER BRANCH

Dear Mr. Stephens:

On February 10, 2009 the Division of Water Quality (DWQ) received your application dated
February 10, 2009 for the above referenced project. This project has been placed on hold until we receive
the requested item. Please provide the following so that we may continue to review your project.

Additional Information Requested:

1. Application fee: Please reference correspondence from Division of Water Quality dated
September 12,2008. In addition to the need for total package resubmission, the appropriate fee is
required. Please remit $240 to begin the review and approval process.

2. The PCN reflects impacts to wetlands, streams, buffers and pond construction; however, on page
5 of 10, item 5 there is no impact entry in the field for Pond or Lake construction.

Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be providing
the DWQ the requested information at a later date. Please contact this office in writing. Ifwe 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 returned.

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. Ian McMillan or me at 919-733-1786 if you have any questions
regarding or would like to set up a meeting to discuss this matter.

401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location 2321 Crabtree Blvd" Raleigh, North Carolina 27604
Phone: [phone] \ FAX [phone]
Internet: http://h2o,enrstate.nc.us/ncwetlands/

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An Equal Opportunity \ Affirmative Action Employer

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dee 10 20CS

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Pre-Construction Notification (PCN) Form

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A. Applicant Information

1. Processing
1 a. Type(s) of approval sought from the
Corps:
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: Nationwide 29
1c. Has the NWP or GP number been verified by the Corps? T 0 Yes 0 No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
~ 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit
o 401 Water Quality Certification - Express 0 Riparian Buffer Authorization

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~ Section 404 Permit

o Section 10 Permit

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WETlJl.lmS AND STORMWATER ~fV",CH

1e. Is this notification solely for the record For the record only for DWQ 401
because written approval is not required? Certification:
DYes ~No

1f. Is payment into a mitigation bank or In-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance Jetter from mitigation bank or In-lieu
fee program.

1 g. Is the project located In any of NC's twenty coastal counties. If yes, answer 1 h
below.

For the record only for Corps Permit:

DYes
DYes

181 No
I8J No

DYes

~No

1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner InformatIon
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:

DYes

~No

Winston Polnte
Johnston
Town of Clayton
Winston Pointe

N/A

Stephens Center
D.B.2752 PG.766 D.B.2280 PG.22

Algie Stephens

319 Chapanoke Road
Raleigh, NC, 27603
919-779-1855
919-779-1661

Page 1 of 10
peN Form - Version 1.3 December 10, 2008 Version

.
4. Applicant Information (If different from owner)
4a. Applicant is: o Agent o Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (If applicable)
Sa. Name: John Teel
5b. Business name Stewart-Proctor Engineering
(If applicable):
5c. Street address: 319 Chapanoke Road
5d. City, state, zip: Raleigh, NC, 27603
5e. Telephone no.: 919-779-1855
Sf. Fax no.: 919-779-1661
5g. Email address: [e-mail]

Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parceIID): 1648-07-3913
1 b. Site coordinates (in decimal degrees): Latitude: 35.6425 Longitude: - 78.5125
(00.000000) (-DD.DDDDDD)
1 C. Property size: 833.72 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to White Oak Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C;NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Land Is wooded and fallow with existing subdivision to the north.
3b. List the total estimated acreage of all existing wetlands on the property:
115.25 ac.
3c. List the total estImated linear feet of all existing streams (intermittent and perennial) on the property:
1270 If intermittent and 4180 If perennial.
3d. Explain the purpose of the proposed project:
Provide secondary outlet for large multifamily project
3e. Describe the overall project in detail, Including the type of equipment to be used:
Provide secondary outlet. Type of equipment to include bull dozer, grading pan and track hoe.
4. JurIsdictIonal DeterminatIons
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / IIa Ves ONo o Unknown
project (including all prior phases) In the past?
Comments: NBRRO 05-337 (included)
4b. If the Corps made the jurisdictional determination, what type o Preliminary 0 Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other: ~ "'EC
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
PR lot To I~q.. BE.fo~(i: ~14~IIGltJ. TO ,J~"; olJtJre.
6. Project HIstory
Sa. Have permits or certifications been requested or obtained for ~Ves ONo o Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Due to USACE we revised roadway to not exceed the 300 If of impact. DWQ Project#04-1488
6. Future Project Plans
6a. Is this a phased project? I SVes ONo
6b. If yes, explain.
First phase will be the road and open space with additional multifamily and mix use projects coming on line in the future.
This will be determined by the market.

Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version

c. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
~ Wetlands 1&1 Streams - tributaries 1&1 Buffers
D Open Waters 1&1 Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404,10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary en
W1 ~ PDT Pipe/Fill Forested ~Ves 18 Corps .02
ONo DOWQ
W20POT OVes o Corps
DNo DOWQ
W30POT DVes o Corps
DNo DOWQ
W4 0 PDT OVes o Corps
ONo DOWQ
W5 0 PDT DVes o Corps
DNo DOWQ
waDpDT OVes o Corps
DNo DOWQ
2g. Total wetland Impacts .02
2h. Comments:
3. Stream Impacts
If there are perennial or Intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites Impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or Intermittent OWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
51 ~ PDT Pipe/Fill Ut to White Oak o PER o Corps 3.5' 80
Creek 81INT 1&1 OWQ
820POT o PER o Corps
DINT DOWQ
83 0 PDT o PER o Corps
DINT DOWQ
840POT o PER o Corps
DINT DOWQ
85 0 PDT o PER o Corps
DINT OOWQ
S60POT o PER o Corps
DINT OOWQ
3h. Total stream and tributary Impacts 80
3i. Comments:

Page 4 of 10
peN Form - Version 1.3 Oecember 10, 20()8 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other ~en water of
the U.S. then individually list all oeen water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody Area ofimpact (acres)
impact number - (if applicable) Type of Impact Waterbody type
Permanent (P) or
Temporarv m
01 0 pDT
02 0 pDT
03 0 PDT
040POT
4f. Total open water Impacts
49. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then comelete the chart below.
Sa. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond 10 Proposed use or purpose (acres)
number of pond Filled Excavated Flooded Flooded
Flooded Filled Excavated
P1 Detention Device 0 0 0 0 0 0 o. qS-
P2
Sf. Total o."~
59. Comments: Detention pond to have no wetland and stream Impact. (PDtJO FUll.. >ToR,l'\vI'lTeR t:DJT~OL)
5h. Is a dam high hazard permit required? OVes 181 No If yes, permit 10 no:
51. Expected pond surface area (acres): 0.95 ac
5j. Size of pond watershed (acres): 21.7 ac
5k. Method of construction: Excavation and installation of draw down valve with spillway.
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer Impacts
below. If any imeacts reaulre mltiaatlon, then yOU MUST fill out Section 0 of this form.
6a. ~ Neuse o Tar-Pamllco o Other:
Project is In which protected basin? D Catawba D Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 Impact Zone 2 Impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary m Impact reaulred?
B1 ~ PDT Pipe/Fill Ut to White Oak Creek OVes 3701 sf 2380 sf
for road iii No
B2 0 PDT OVes
ONo
B3 0 PDT OVes
ONo
6h. Total buffer Impacts 6081 sf
61. Comments:

Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and MInImIzation
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Previously approved with 3 crossings. Revised plans showing one intermittent crossing. Creeks traversed across project
and crossing was required by NCDOT. To minimize crossing are set at a 90 degree angle.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Basins and silt fence to be Installed first before grading and construction of road begins.
2. Compensatory MItigatIon for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for DVes ~No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): D DWQ D Corps
D Mitigation bank
2c. If yes, which mitigation option will be used for this D Payment to In-lieu fee program
project?
D Permittee Responsible Mitigation
3. Complete If UsIng a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) I Type I Quantity
3c. Comments:
4. Complete If Making a Payment to In-lieu Fee Program
4a. Approval letter from In-lieu fee program is attached. DVes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: D warm Dcool Dcold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
6. Complete If UsIng a PermIttee ResponsIble MItIgatIon Plan
Sa. If using a permittee responsible mitIgation plan, provide a description of the proposed mitigation pian.

Page 6 of 10
peN Form - Version 1.3 December 10,2008 Version

6. Buffer MItigatIon (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an Impact within a protected riparian buffer that requires DYes DNo
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation Is required, discuss what type of mitigation Is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:

Page 7 of 10

E. Stonnwater Management and Diffuse Flow Plan (required by DWQ)
1. DIffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified IiJ Ves ONo
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then Is a diffuse flow plan included? If no, explain why. 1RI Ves DNo
Comments:
2. Stormwater Management Plan
2a. What Is the overall percent Imperviousness of this project? 24.0%
2b. Does this project require a Stormwater Management Plan? ~Ves DNa
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description ofthe plan:
Proposed detention pond designed for proposed roadway and future construction.
o Certified Local Govemment
2e. Who will be responsible for the review of the Stormwater Management Plan? 181 DWO Stormwater Program
o DWO 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local govemment's jurisdiction Is this project? Johnston
o Phase II
3b. Which of the following locally-implemented stormwater management programs DNSW
o USMP
apply (check all that apply): o Water Supply Watershed
o Other:
3c. Has the approved Stormwater Management Plan with proof of approval been OVes DNo
attached?
4. DWQ Stormwater Proaram RevIew
o Coastal counties
4a. Which of the following state-implemented stormwater management programs apply DHOW
o ORW
(check all that apply): o Session Law 2006-246
o Other:
4b. Has the approved Stormwater Management Plan with proof of approval been DVes DNo
attached?
6. DWQ 401 Unit Stormwater RevIew
Sa. Does the Stormwater Management Plan meet the appropriate requirements? C8I Yes DNo
5b. Have all of the 401 Unit submittal requirements been met? ~Yes DNo

Page 8 of 10
peN Form - Version 1.3 December 10,2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project Involve an expenditure of public (federallstateJlocal) funds or the DVes ~No
use of public (federal/state) land?
1 b. If you answered "yes. to the above, does the project require preparation of an DVes ~No
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPAlSEPA)?
1 c. If you answered "yes. to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval DVes ~No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated DVes ~No
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? DVes 18 No
2c. If you answered "yes' to one or both of the above questions, provide an explanation of the vlolatlon(s):
3. CumulatIve Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future Impacts) result In fXI Ves DNo
additional development, which could Impact nearby downstream water quality? 3b. If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis In accordance with the
most recent DWQ polley. If you answered "no," provide a short narrative description.
4. Sewage DIsposal (OWQ Requirement)
4a. 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.
Town of Clayton sewer system

Page 9 of 10
peN Form - Version 1.3 December 10, 2008 Version

.
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur In or near an area with federally protected species or DVes iii No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act DVes 1RI No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. o Raleigh
D Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Heritage data
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur In or near an area designated as essential fish habitat? DVes IX! No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem Ims
7. Historic or PrehIstoric Cultural Resources (Corps RequIrement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation DVes IX! No
status (e.g., National Historic Trust designation or properties significant In
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would Impact historic or archeological resources?
NC State Historic Preservation Office
8. Flood Zone DesIgnatIon (Corps Requirement)
8a. Will this project occur in a FEMA-deslgnated 1 DO-year floodplain? DVes 18 No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
At"! .5T EPH(tJ~ ti~#n~ 2-/10/ 0 ~
Applicant/Agent's Printed Name Applica t/Agent's ~gnature Date
(Agent's signature Is valid only If an 8uthO.~z8tlon letter from the applicant
Is provided.

Page 10 of 10