20061362 Ver 1_Complete File_20060606

Michael F. Easley, Govcmor

William G. Ross Jr., SecretaI)'
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

September 5, 2006

DWQ Project # 06-1362
County: Wake

Mr. G. Michael WOQdard
9012 Honeycutt Road
Raleigh, NC 27615

Subject Property:

Piping of Ditch Along Riding Ring, Raleigh, Wal{e County
Falls Lake [030401,27-(5.5), WSIV]

AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02D .0233) Authorization Certificate

Dear Mr. Woodard:

You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 400 ft2 of Zone 1 of the protected riparian buffers for the purpose piping of a
ditch along a riding ring at 9012 Honeycutt Road as described within your application dated August 20,
2006 and received by the Division of Water Quality (DWQ) on August 24,2006. In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge regulations.

This authorization is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:

Zone I Buffers

Plan Location or Reference
Pa e II of PCN

2. Diffuse Flow

An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).

3. Certificate of Completion

401 OversightJExprcss Revicw Pcnnitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250. Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet: htto://h2o.cnr.state.nc.\Is/ncwctlands

N.?~Carolina
.Natllrall!!

An Equal Opportunity/ Affinnative Action Employer - 50% RecycledllO% Post Consumer Paper

Woodard
Page 2 of2
September 5, 2006

Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
OversightJExpress Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.

4. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Authorization Certificate.
A sample deed notification can be downloaded from the 40l/Wetlands Unit web site at:
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.

Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 ofG.S. 150B. This Authorization Certificate shall
expire five (5) years from the date of this letter.

This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call [phone].
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either ofthese waters.

A WK/cbk/asc

Sincerely,

~';f~

/ Alan W. Klimek, P.E.

Enclosures:

Certificate of Completion

cc: Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files

Filename: 061362 W oodardDitchPiping(W ake )NBR

401 OversighUExprcss Review Pennitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtrce Boulevard, Suite 250, Ralcigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto:llh2o.enr.state.nc.us/ncwetlands

N~'ithCarolina
/Vn/llrn//!!

An Equal Opportunity/Affinnativc Action Employer - 50% Recyeled/10% Post Consumer Paper

Page 1 of 1

Eric,

Sorry for the delay....very busy summer. PCN being sent today. USACE did site inspection and while back
and determined that only Buffer Rule approval is necessary. Thanks for your assistance.

Mike Woodard

m~@~uw~@
AUG 2 .j 2006
rl';f~I&~MQY~W~~f!~\f~l'a: J:C:,

Sunday, August 20, 2006 America Online: Pabluni

Qffice Use Only:

Form Version March 05

.
;USACE Action ill No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A".)

20061362

I. Processing

1. Check all of the approval(s) requested for this p'roject:
D Section 404 Permit ~ Riparian or Watershed Buffer Rules
D Section 10 Permit D Isolated Wetland Permit from DWQ
D 401 Water Quality Certification D Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested:

3. Ifthis notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0 i

4. If paymcnt into the North Carolina Ecosystcm Enhancement Program (NCEEP) is proposcd
for mitigation of impacts, attach the acceptance letter from NCEEP, completc section VIII,
and chcck here: 0

5. If your project is located in any of North Carolina's twcnty coastal counties (listcd on pagc
4), and the projcct is within a North Carolina Division of Coastal Management Area of
Envirorunental Concern (see die top of page 2 for further details), ~~rnHlw~ ~

Applicant Information ~ . 006
AUG 2 4 2

II.

1.

DENR. WATER QUALITY
EtNaNlO STOfIlAWAl!R BRMIC,H

Telcphone Number:
E-mail Address:

Fax Number:

2. Agcnt/Consultant Information (A signed and dated copy of thc Agent Authorization lettcr
must be attachc ifthc Agent has signatory authority for the owncr/applicant.)
Name:
Company Affiliation:
Mailing Address:

Telcphonc Number:
E-mail Address:

Fax Number:

Page 5 of 12

III. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and dcvelopment 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 includcd. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until deciphcrable maps are provided.

1. Nameofproject: '/7,ft!,/y; of :i)/lcA All1hJ K/d./'!] 'if/nI
2. T.I.P. Project Number or State Project Number (NCDOT Only): d A-

3. Property Identification Number (Tax PIN):

/7 /t-2'f~/1-21

4. Location
County: W ~~ . Nearest Town: -:r?.a I e.. i~ h-.
Subdivision name (include phase/lot number): 4' A
Directions to site (include road numbers/names, landmarks, etc.): /1/4-

5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrces (6 digits minimum): N /t "N oW

6. Property size (acres): ~'5. 5,,1

7. Name of nearest receiving body of water: nt/s LtZke.-

8. River Basin:A fA ~ p-"
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.statc.nc.us/udmin/mups/.)

9. Describe the cxisting conditions,on the site and general land use in the vicinity of the project
at the time ofthis application: ;){}/f1.:7 - -< /:J!".- ~l)cI ...:}/)({Lt( lJt?r3~ ~tZ/"'m
c...-~ /

Page 6 of 12

10. Describe the over,,~ll pJoject in detail, including the type of equipment to be use~:
/~t7 "t2-L/ ///C/ffJ. -4])5 t?t1r/'tlJa:ld/ /)~1t'.l.o/)/J~ J/IPe.-
I / /

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtaincd for this
project (including all prior phases of the same subdivision) in the past, plcase 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 othcr useful information. Describe previously approved wetland, strcam and
I
buffer impacts, along with associated mitigation (where applicable). Ifthis is a NCDOT proje9t,
list and dcscribe pcrmits issucd for prior segments of the same T.!.P. project, along with
construction schcdules. ./\/ 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.
~/!

VI. Proposed Impacts to Waters of the United StateslWaters of the State

It is the applicant's (or agent's) responsibility to determine, delineatc and map all impacts to
wctlands, opcn water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed scparately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittcnt and perennial)
should be shown on a delineation map, whether or not impacts arc proposed to these syste~s.
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 nccded for listing or dcscription, please attach a separate sheet.

1. Provide a written description ofthe proposed impacts: ~';Je ~ ~e C/J rere.-d vJ t' IL

If:t:~tfb~,;~"f!-t: ~/../; ~f?r;;;::';~ ~f'tf~ /,,,"-y,'l/rl

Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
I r' d b h d fl d'

separatelY 1st Impacts ue to ot structure an 00 mg.
Wetland Impact Typc ofWctland Located within Distancc to Area 0 f
IOO-year Nearcst Impact
Sitc Number Typc of Impact (c. g., forestcd, marsh, Floodplain Strcam (acrcs)
(indicatc on map) herbaccous, bog, ctc.) (ves/no) (linear feet)
/VA
Total Wetland Impact (acres)

3. List the total acreage (estimated) of all existing wetlands on the property: 110 "-"'-

4. Individually list all intermittent and perennial stream impacts, Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placemcnt of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gab ions, etc.), cxcavation, ditching/straightening, etc. If strcam relocation is proposcd,
plans and profiles showing the linear footprint for both the original and relocated streams
b . I d d I I I' I I h 'd h h d"d b 43560

must e mc u e . To ca cu ate acreage, mu tmly engt X WI t ,t en IVI e )y ,
Stream Impact Pcrennial or A veragc Impact Area of
Number Stream Name Typc of Impact Intermittcnt? Stream Width Length Impact
(indicate on map) Beforc Imoact (lincar fcet) (acres)
"vA
Total Strcam Impact (by Icngth and acrcage)

5. Individually list all open water impacts (including lakes, ponds, estuarics, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill . d d' fl d' d' b lkh d

I ,excavatIOn, re Igmg, 00 109, ramage, u ea s, etc.
Open Water Impact Namc ofWatcrbody Type of Waterbody Area 0 f
Site Number Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) (if applicablc) occan, ctc.) (acres)
11/ A-
,
Total Open Water Impact (acres)

Page 8 of 12

6.

7. Isolated Watcrs ~ /
Do any isolated waters exist on the property? 0 Yes LJ:rNo
Dcscribc all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or lincar feet). Please note that this section only
applies to watcrs that have specifically been dctermined to be isolatcd by the USACE.

8. Pond Crcation tI A
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 creatcd in (check all that apply): 0 uplands 0 stream 0 wetlands
Dcscribe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purposc of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwatcr rcquirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:

VII. Impact Justification (Avoidance and Minimization)

Specifically dcscribe measures taken to avoid the proposed impacts. It may be useful to provide
information related to sitc constraints such as topography, building ordinances, accessibility, and
financial viability of the projcct. The applicant may attach drawings of altcrnative, lower-impact
site layouts, and cxplain 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.
~ h~a y,n(2hle a'(-f~rr1a:1iJ/t/. /!.4(!!:-J"St::."'Y fDr fYr" -I~",I-/n1 <>/:
-e vf5 Ii nJ ..; ~IJ ( ..J.-....~ IIJI L1" f""(' // 1;7 .

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be requircd by the NC
Division of Water Quality for projccts involving greater than or equal to onc acre of impacts to
freshwatcr wetlands or greater than or equal to 150 linear fect of total impacts to perennial
streams.

Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15,2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available 'at
http://h20.enr .state. nC.lI s/ncwet I and s/st rm t;ide. h (mi.

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.
-1/A-

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h20.enr.state.nc.lIs/wrn/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information: I

Amount of stream mitigation requested (linear feet): /"t/4
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

Page 10 of 12

IX. Environmental Documentation (required by DWQ)

1. Does thc projcct involve an expenditure of public (federal~.statt~c/ cui) funds or thc use of
public (federal/state) land? Yes D No W

2. If yes, does the project require preparation of an environmental document pursuant to thc
requirements of the National or North Carolina Environmental Policy Act (NEPAlSEPA)?
Note: . If you are not sure whether a NEPAlSEPA document is rcquired, call the SEPA
coordinator at [phone] to revicw current thresholds for environmental documentation.
Yes D No ~

3. If yes, has the document review bcen finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes D No D

x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delincate and map all impacts to
required statc 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 clcarly 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 Officc may be included as appropriate. Photographs may also be included at the
applicant's discretion.

I. Will thc projcct impact protected riparian buffers identified within 15A NCAC 2B .0233
, .
(Ncuse};)15A NCAC 28.0259 (Tar-Pamhco), 15A NCAC 02B .0243 (Catawba) 15A NCAC
~B-:0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identifY )? Yes ~ No D

2. If "yes", identifY the square feet and acreage of impact to each zonc of thc riparian buffers.
!f buffer mitigation is required calculate the required amount of mitigation by applying thc
buffer multi liers.

Zone*

Multiplier

3 (2 for Catawba)
1.5

Required
Miti ution

I

2

Total

Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additionalZO feet from the edge of Zone 1.

3. If buffcr mitigation is required, please discuss what typc of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Rcstoration / Enhancemcnt, or Paymcnt into the
Riparian Buffer Restoration Fund). Please attach all appropriate infonnation as identified
within 15A NCAC 28.0242 or .0244, or .0260. ;/ A

Page 11 of 12

XI. Stormwater (required by DWQ)

Describe impcrvious acrcage (cxisting and proposcd) versus total acreage on the site. Discuss
stormwater controls proposed in ordcr to protect surface watcrs and wetlands downstream from
the property. If perccnt impervious surface exceeds 20%, please provide calculations
dcmonstrating total proposed impervious level. L /}-t 9ro;'u:t Iv/// n~1- j 111/i'Yt

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 ofthe subject facility.
AlA

XIII. Violations (rcquired by DWQ)

Is this site in violation of DWQ Wctland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No cg---

Is this an after-the-fact permit application? Y es ~ No 0

XIV. Cumulative Impacts (requircd by DWQ)

Will this projcct (bascd on past and reasonably anticipatcd future impacts) result in additional
developmcnt, which could impact nearby downstrcam water quality? Yes 0 No ~
If yes, plcase submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Watcr Quality policy posted on our website at
htt~/h2o.cnr.statc.nc.lIs/nc\Vetlar:ds. Ifno, please provide a short narrative description:
.-1 f/.-l.rl:/;~ r /!J;,rf rr//'~r/

XV. Othcr Circumstanccs (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 scquencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associatcd with Endangercd and
Threatened Species, accessibility problems, or other issues outside ofthe applicant's control).

Page 12 of 12

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