HomeMy WebLinkAbout20052070 Ver 3_Riparian Buffer Authorization_20180320�) 60�- 3 0 (h V5
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900
sandec.com
March 20, 2018
S&EC Project # 8713.W15
To: NC DWR, 401 & Buffer Permitting Unit
Attn: Karen Higgins
Archdale Building — 9th Floor
512 North Salisbury Streetty
Raleigh, NC 27604
From: Deborah E. Shirley
Soil & Environmental Consultants, PA
Re: RIPARIAN BUFFER AUTHORIZATION REQUEST ONLY
Weavers Pond Townhomes
Zebulon, Wake County, NC
On behalf of the applicant, please find attached a complete application and supplemental information
requesting a No Practical Alternatives review for Neuse River Buffer impacts from the N. C. Division of
Water Resources (NCDWR). Please contact me at (919) 846-5900 if you have any questions or require
additional information.
PROJECT SUMMARY
Project Name
Weavers Pond Townhomes
Project Type
Residential w/Stormwater Outfall
Owner / Applicant
Weavers Pond Development Co. LLC
County
Wake
Nearest Town
Zebulon
Waterbody Name
Beaverdam Creek
Basin & HUC
Neuse -103020203
Index Number
27-86-2-3
Class
C, NSW
IMPACT SUMMARY
Stream Impact (acres):
0
Wetland Impact (acres):
0
Open Water Impact (acres):
0
Total Stream Impact (linear feet):
0
Total Riparian Buffer Impact (square feet):
Zone 1: 358; Zone 2: 201
Attachments:
Riparian Buffer Authorization Application Form
Agent Authorization Form
USGS Topographic Map
NRCS Soil Survey Map
Surface Water Determination letter-NBRRO#14-141
NCDWR 401 Approval-DWR #05-2070
Buffer Authorization Approval-DWR #16-0373v2 & 16-0373v3
Recorded Plat map
Existing Conditions-ENGR 2
Weavers Pond Townhomes Overall Plan -IMA
Impact Exhibits -Buffer Impact Sheet-IM.2
BMP -Drainage Area Map-DA.1
DWR
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources Division of Water Resources
15A NCAC 02B.0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization
FORM: BA 10-2013
Riparian Buffer Authorization Form
A.
Applicant Information
1.
Project Information
1 a.
Name of project:
Weavers Pond Townhomes
1 b.
County:
Wake
1 c.
Nearest municipality:
Zebulon
1 d.
Subdivision name:
Weavers Pond
1 e.
Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer if below.
❑ Yes ® No
1f.
Is the project located within a NC Division of Coastal
Management Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Owner Information
2a.
Name on Recorded Deed:
David Berry
2b.
Deed Book and Page No.
Deed Bk. 14947; Deed Pg: 1191
2c. Map Book and Page No. (include
a copy of the recorded map that
indicates when the lot was created):
See Attached
2d.
Responsible Party (for
Corporations):
Weavers Pond Development Co., LLC
2e.
Street address:
9407 Barton's Creek Road
2f.
City, state, zip:
Raleigh, NC 27615
2g.
Telephone no.:
919-604-1928
2h.
Fax no.:
N/A
2i.
Email address:
dayidafutrelloro®er ymal.
3.
Applicant Information (if different from owner)
3a.
Applicant is:
❑ Agent ❑ Other, specify:
3b.
Name:
3c.
Business name (if applicable):
3d.
Street address:
3e.
City, state, zip.-
ip:3f.
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
4.
Agent/Consultant Information (if
applicable)
4a.
Name:
Deborah E. Shirley
4b.
Business name (if applicable):
Soil & Environmental Consultants, PA
4c.
Street address:
8412 Falls of Neuse Road, Suite 104
4d.
City, state, zip:
Raleigh, NC 27615
4e.
Telephone no.:
919-846-5900
4f.
Fax no.:
919-846-9467
4g.
Email address:
dshirley sandec.com
FORM: BA 10-2013 Page 1 of 5
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
1796-86-4854
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.8540
Longitude: -78.3295
1 c.
Property size:
±8.84 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT to Beaverdam Creek
2b. Water Quality Classification of nearest receiving
Q NSW 27-86-2-3
water:
2c.
River basin:
Neuse Basin; 03020203
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: The existing conditions on site are an open field with wooded riparian buffer along stream to
the east, and partially wooded along pond. The general land use in the vicinity of the project is wooded, with
some agricultural and residential.
3b.
Attach an 8'/ x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site
3c.
Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site
3d.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 1, 050 line arfeet
3e.
Explain the purpose of the proposed project:
The purpose of the project is to construct a stormwater BMP bypass channel for a multi -family residential
development.
3f.
Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of roads, multi -family lots and stormwater BMP. Equipment to be used will include
typical equipment used for land clearing, excavation & construction.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
® Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property/
Comments:
project (including all prior phases) in the past?
4b.
If yes, who delineated the jurisdictional areas?
Agency/ Consultant Company: Soil &
Name (if known): Steven Ball
Environmental Consultants, PA
Other:
4c.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
Property was delineated in 2004 and 2013 and this southern parcel was re -delineated in January 2018 by
S&EC. USACE site visit verifying jurisdictional areas on the northern parcels conducted on September 5, 2013
with James Lastinger(AID# SAW -2013-01731). A NCDWQ Neuse Buffer determination was conducted on
June 23, 2004 with Michael Horan (NBRRO #04-0211), an updated NCDWR Neuse Buffer determination was
conducted on June 6, 2014 with James Graham (NBRRO #14-141). However, the updated Buffer
Determination does not include the southern parcel. Riparian buffers on stream and pond were not contested.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown.
this project (including all prior phases) in the past?
5b.
If yes, explain and detail according to "help file" instructions. This project has received Section 404 & 401
permits in 2006 & 2015 (DWR #05-2070), with subsequent Buffer Authorization Approvals fora greenway in
2016 (D WR #16-0373 & #16-0373v2) and Phase 3B in 2017 (D WR #16-0373v3).
FORM: BA 10-2013 Page 2 of 5
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
N/A
FORM: SSGP3080 8-13 Page 3 of 5
C. Proposed Impacts Inventory
Impact Justification and Mitigation
1.
1. Buffer Impacts
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All
1a. Project is in which protected
impacts to wetlands and open waters have been avoided within this project. Impact Area #1- the width of the
® Neuse
❑ Tar -Pamlico ❑ Catawba
basin?
wide. The outfall was relocated to avoid wetlands.
❑ Randleman
❑ Jordan ❑ Goose Creek
1b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of
this form.
the site, inlet protection to protect sediment from entering the storm system, all will be utilized during
Buffer impact
Reason for
Type of impact
Buffer Mitigation
Stream name
Buffer
Zone 1
Zone 2
number —
impact
(exempt, allowable,
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
mitigation
impact
impact
Permanent(P)allowable
(square feet
w/
Zone 1
3 (2 for Catawba)
required?
(sq ft)
(Sq ft)
or Temporary
2c.
If buffer mitigation is required, is payment to a
❑ Yes F1 No
mitigation bank or NC EEP proposed?
2d.
B1(#1) ®P ❑ T
Stormwater
Allowable
2f.
UT to
❑ Yes ® No
358
201
Outfall (riprap)
Beaverdam
Creek
B2 ❑ P❑ T
❑ Yes [:]No
B3 ❑ P❑ T
❑ Yes []No
B4 ❑ P❑ T
I
❑ Yes ❑ No
Total
buffer impacts
358
201
1c. Comments:
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All
impacts to wetlands and open waters have been avoided within this project. Impact Area #1- the width of the
riparian buffer disturbance has been minimized to 10 ft. wide, with the permanent footprint of riprap at 5 ft.
wide. The outfall was relocated to avoid wetlands.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques. Diversion ditches directing water into sediment basins, silt fence to prevent sediment from leaving
the site, inlet protection to protect sediment from entering the storm system, all will be utilized during
construction.
2.
Buffer Mitigation
2a.
Will the project result in an impact within a protected riparian buffer that requires buffer
❑ Yes ® No
mitigation?
2b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone Reason for impact Total impact
Multiplier Required mitigation
(square feet
s uare feet
Zone 1
3 (2 for Catawba)
Zone 2
1.5
Total buffer mitigation required:
2c.
If buffer mitigation is required, is payment to a
❑ Yes F1 No
mitigation bank or NC EEP proposed?
2d.
If yes, attach the acceptance letter from the mitigation bank or NC EEP.
2e.
If no, then discuss what type of mitigation is proposed.
2f.
Comments:
FORM: BA 10-2013 Page 4 of 5
E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
❑ Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
® Other BMP*
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
1 a.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
❑ Yes ® No
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
of public (federal/state) land?
Manual and attach a BMP Supplement Form.
1 b.
This project is designed with a stormwater wet pond that treats for nitrogen and TSS. The
❑ Yes ❑ No
current NCDEQ Stormwater Design Manual does not require a Level Spreader or Filter
environmental document pursuant to the requirements of the National or State (North
strip downslope of the wet pond, therefore an energy dissipater and rip -rap channel has
been designed to discharge through the riparian buffer to the channel. The Stormwater
Management Plan will be reviewed and Approved by Wake County. See attached
If you answered "yes" to the above, has the document been finalized by the State
Drainage Area Map.
F.
Supplementary Information
1.
Environmental Documentation
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the use
❑ Yes ® No
of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ❑ No
environmental document pursuant to the requirements of the National or State (North
Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
2.
Violations
2a.
Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland
❑ Yes ® No
Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 02B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Deborah E. Shirley Y~t A March 20,
Applicant/Agent's Printed Name Applicant/Agent's Signature 2018
(Agent's signature is valid only if an authorization letter from the app nt is provided.) Date
gena inls completea torm ana accompanying documents to the following:
For government transportation projects sent For government transportation projects sent
by First Class Mail via the US Postal Service: by delivery service (UPS, FedEx, etc.):
NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit
1650 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699 - 1650 Raleigh, NC 27604
For all other projects sent by First Class Mail For all other projects sent by delivery service
via the US Postal Service (UPS, FedEx, etc):
Karen Higgins OR Karen Higgins
NCDWR — 401 & Buffer Permitting Unit NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699 - 1650 Raleigh, NC 27604
FORM: BA 10-2013 Page 5 of 5
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467
sandee.eom
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Weavers Pond S&EC Project # 8713
Date: 3-19-18
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: James Lastinger Field Office: Raleigh Regulatory OfFce
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 1796864854, 1797800155
Site Address: 4000 Weavers Pond Drive
City, County, State: 7ehiilnn Wake County NC
PROPERTY OWNER INFORMATION:
Name: Weavers Pond Development Co. LLC
Mailing Address: _9407 Rartnns Creek Rd Raleigh NC: 976,15
Telephone Number: (919) so4-1928
Email Address: david(afutrellproprty corn
David Reay for Weavers Pond Develn.pment Cn I II l r 3-19-1 R
Property Owner (please print) Date
of�/ for Weavers Pond Development Co., LLC
Properowner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
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Project No. Ficgure I -U5G5
8713..W 13
Quadrangle Map
Project Mgr.: weavers Pond Townhome
5B Soil & Environmental Consultants, PA
Wake County, NC %.112 Fail, O'Ne a Raaf. Sulk 104. R.1691t. \C 27615 • Pit—: (919)846-5900- Fav (919) 946.9467
Scale: acv acorn
I " = 1 ,000' Zebulon Quad Map
3/19/18 2013
R DENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 18, 2014
S&EC
Steven Ball
8412 Falls of the Neuse Suite 104
Raleigh, NC 27615
John E, Skvarla, III
Secretary
E
I r=,
D r i, �E V i ; i)
�Ji-01214
LJ
Ey: Scil & Environmental Consultants, PA
Subject: Buffer IMermination
NBRRO#14-141
Wake County
Determination Type:
Suffer Gell Isolated or EIP Cell
--- - --= i
® Neuscl (15A NCAC 28 .0233)i i
C] Ephemeral/intermittenVPietennial Determination
] Tar•Pamlico (15A -CAC 213 .0259) iIsolated Wetland Determination
Jordan (I 5A NCAC 2B .0267)
Project Name:
Location/Directions:
Subject Stream:
Weavers Pond
Proper is located north of Wake field off of Pippin Road
UT to Beaverdarn Creek
Determination Date: June 6, 2014
-e/Flag
Not
Subject
Start@
Subject
To
To
buffers
buffers
A
X _
culvert
B--
x
throu¢hou
C
}{
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---
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off-siteOff-site
Off-site
Off-site
Staff: James Graham
§1-0— 4— Soil USGS
Survey I Topo
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FR
Non thCarolina
7S't' Qi&
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200
Internet: www.ncwate[guality.org An Equal opportunihBAffirmative Actionarrett Drive REmp oyeraleigh,- 50% Reeycled110% Past ConsumeG 27609 Fax (91) & r
ocaon: 3800 Paper
Weavers Pond
Wake County
June 18, 2014
Page 2 of 2
Explanation: The feature(s)
Fisted above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map ata 1:24,000 scale. EaF1Ea�tm'es � that
care checked
checked
,,Not Subject" has been determined not to be a stream or is not present on the property.
"Subject" have been located on the propertydand possess characteristics that o not show up on the maps referenced aboua* it ve a but,be a stl mry be a may be
other streams located on your property that Corps En ineers and/or to the Division of Water Resources
considered jurisdictional according to the US Army rP g
(MR).
This on-site determination shall expire five (5� yDelesaf a �cgdAuthority may request a determination. ate of this letter. Landowners or by theparties
affected at
dispute a determination made by the DWR o S letter or
Director. An appeal request must orad scent owners) be made within sixty Eno tfied ofays of this letter's A request forr a date the
by the
party (including downstream and
Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
ess, as detailed above, you ask for a hearing or appeal within sixty (60)
This determination is final and binding unl
days.
State, and
The owner/future owners should notify the pini future correson of Water pondences n sesources 1 regarding tencluding any subject prther op rty (stated
Federal Agencies) of this decision concerning Y activity. Any inquiries should be
above). This project may require a Section 404/401 Permit for the proposed -Car of F..ngineers
directed to the Division of Water Resources (Central Office) at (919)-809-6300, and the US Artny p
(Raleigh Regulatory Field Office) at (919)-554-4884.
ifY ou have questions regarding this determination, please feel free to contact lames dam at (919) 991.4256.
g e t€ully,
�r
,n,3 ,17
Danny Smith, Supervisor
Water Quality Section
Raleigh Regional office
cc: RRO/SWP File Copy
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Project t�1o. ''~ Flgure 2-NRC5
8713..W3 5011 Survey
Soil & Environmental ConSUItants, PA
Project Mgr.: Weavers Pond 11010 Raven Ridge Rd.° Raleigh, NC 27614
55 Wake County, NC (919) 846-5900. (919) 846-9467
vVeb Page: www.SandEC.com
Scale:
° = 1 ,320'
Ware Co 5011 Survey
5116113
rip
i
��..— "J!N 15 2015
NCDENR
North Carolina Department of Environment and Natural Resou
Pat McCrory Donald R. van der Vaad
Governor Secretary
June 9, 2015
Weavers Pond Development Co. LLC
Attn: David Berry
9407 Bartons Creek Road
Raleigh, NC 27615
DWR # 05-2070 v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PERTHE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Weavers Pond Subdivision Phase 2C
Dear Mr, Berry:
You have our approval for the impacts listed below for the purpose described in your
application dated May 8, 2015 and received by the Division of Water Resources (Division) on
May 8, 2015. These impacts are covered by the attached Water Quality General Certification
Numbers 3883 and 3890 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Numbers 3 and 29 once they are issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Impact #3 for a
road crossing was previously permitted by the Division on March 20, 2006 (DWR #2005-2070)
but was never built.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8))
Division of N1'ater Resources. Raleigh Regional Office, Nater QuaiitN Operati oils Section http:t'portal.ncdenr.org!%vcb'w•glaps
1628 Mail Scrvicc Center. Raleigh, NIC 27699-1628 Phone: (919) 7914200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fac: (919) 788-7159
An E qua, Oproriurity 1 Af!irmalive Action Ernp;eyer—1.1ade in part by recycled paper
Weavers Pond Phase 2C
DWR# 05-2070 v2
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact*
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.166 (acre)
0.057 (acre) -
Road Crossing_ (#2)
~ _
Wetland
0 (acre) T
0.004 (acre)
Road Crossing (#3)
Stream
96 (linear feet)
21 (linear feet)
Road Crossing (#3)
^
Stream - _
Dam Maintenance
(44)__
45 linear feet)
0 (linear feet)
-
Stream
0 (linear feet)-
5 (linear feet)
Water Main (#4)
0.029 (acres)
0 (acres)
Open Water
Road Crossing (#4)
Buffers - Zone 1
6,233 (square feet)
0 (square feet
Road Crossing (03)
0 (square feet)
Buffers - Zone 2
4,542 (square feet)
_
Road Crossing (43)
Buffers --_Zone 1
4,879 (square feet)._ _
0 (square .feed_--_
Road Crossing
Buffers - Zone 2
5,979 (square feet)
0 (square feet)��
Road Crossing (#4)__
Buffers -Zone 1
0 (square feet)
-
620 (square feet)
Water Main (#4)
�T
Buffers - Zone 2 F
Water Main (#4)
0 (square feet)
_
103 (square feet)
Diffuse Flow Plan Approval by the Division
The Division approves the diffuse flow plan consisting of two level spreaders and
engineered filter strips and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated January
15, 2015, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply [15A NCAC 02H .0506(b)(5)):
The footprint of all diffuse flow devices as well as an additional 10 -foot wide area on
all sides of the devices shall be located in either public rights-of-way, dedicated
common areas or recorded easement areas. The final plats for the project showing
Weavers Pond Phase 2C
DWR# 05-2070 v2
401 AND BUFFER APPROVAL
Page 3 of 5
all such rights-of-way, common areas and easement areas shall be in accordance
with the approved plans. [15A NCAC 02H .0506(b)(5)]
The approved diffuse flow plan shall be constructed and operational before any
permanent building or other structure is occupied at the site. [15A NCAC 02H
.0506(b)(5)]
The diffuse flow plan may not be modified without prior written authorization from
the Division. A copy of the approval letter and the modified SMP shall be submitted
to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. 115A NCAC 02H .0506(b)(5)]
Maintenance activities for the two level spreaders and engineered filter strips shall
be performed in accordance with the O&M agreement included in the application
that is incorporated by reference and is enforceable by the Division. The O&M
agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the BMP facility. [15A NCAC 02H .0506(b)(5)]
No Waste Spoi!, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150E by filing a written petition for an administrative hearing to the Office of
Weavers Pond Phase 2c
DWR# 05-2070 v2
401 AND BUFFER APPROVAL
Page 4 of 5
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAHathttt)://www.ncoah.com or by calling the OAH Clerk's Office at (919) 431-3000 for
information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Moll
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 276996714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
if sending by first Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R-DWR —401 & Huffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Weavers Pond Phase 2C
DWR# 05-2070 v2
401 AND BUFFER APPROVAL
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233 . Please contact Cherri
Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns.
Sincerely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosures: GC 3883 & 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 705; Wake Forest, NC 27597
Deborah Shirley; Soil & Environmental Consultants, PA; 8412 Falls of Neuse Rd., Ste.
104; Raleigh, NC 27615
DWR RRO 401/Buffer file
WarerResources
ENVIRONMENTAL QUALITY
October 7, 2016
Weavers Pond Development Co., LLC
Attn: David Berry
9407 Barton's Creek Rd.
Raleigh, NC 27615
PAT MCCRORY
("al cmor
DONALD R. VAN DER VAART
Ce i rtlary
S. JAY ZIMMERMAN
Alnclor
DWR #16-0373 v2
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Weavers Pond Greenway
Dear Mr. Berry:
You have our approval for the impacts listed below for the purpose described in your
application dated September 26, 2016 and received by the Division of Water Resources
(Division) on September 26, 2016. Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This Authorization Certificate for DWR #16-0373 v2 replaces the Authorization Certificate for
DWR #16-0373 dated April 27, 2016. This Authorivation Certificate shall expire flee (5)
y=ears from the date of this letter.
This approval requires you to comply with the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B. 0233(8)].
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers —Zone 1 i 6,417 (square feet) 0 (square feet)
Buffers — Zone 2 126,802 (square feet) 0 (square feet)
Di% inion of tl'atcr Resource:. RaMeh Regional 01fice. Wxer Qualit% Operations Section 1,11p_ portal.nedanr.orL Itch %%q aps
162.9 Mail Sen ice Center. Raleigh. NC 27699-1628 Phone: (919) 791-1200
Location: 3800 Barrett !)rice. Raleigh. NC 27609 Fax: (919)'85-7159
Weavers Pond Greenway
DWR X16-0373 v2
BUFFER APPROVAL
Page 2 of 4
2. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. (15A NCAC 02H .0506(b)(5)1
3. No Waste Spoil .5olidE, 2r Fill of Any land
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0501
and .0502].
4. Protective l"encine
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. (15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c))
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Buffer
Authorization, if you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and is responsible for
complying with all conditions.
6. This approval and its conditions are final and binding unless contested. (G.S. 143-215.51
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
1506 by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (913) 431-3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
Weavers Pond Greenway
DWR ##16-0373 v2
BUFFER APPROVAL
Page 3 of 4
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH fling fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Moil
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
!f sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DEN R-DWR-401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
if sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R-DWR-401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B.0233. Please contact Cherri Smith at 919-791-4251 or
Cherri.SmithOncdenr.eo_v if you have any questions or concerns.
Sincer y,
f
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer file
Weavers Pond Greenway
DWR 1#16-0373 v2
BUFFER APPROVAL
Page 4 of 4
DWR 401 & Buffer Permitting Unit file
Deborah Shirley; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104;
Raleigh, NC 27615
r).1ti
. u]
WaterResources
ENVIRONMENTAL QUALITY
June 7, 2017
JUN 14 Z111
BY SW d Enatucnmentid Cc;tarl:arrb, PA
Weavers Pond Development Co., LLC
Attn: David Berry
9407 Barton's Creek Rd.
Raleigh, NC 27615
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR #16-0373 v3
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Weavers Pond -Phase 3B
Dear Mr. Berry:
You have our approval for the impacts listed below for the purpose described in your
application dated May 2, 2017 and received by the Division of Water Resources (Division) on
May 3, 2017. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This Authorization
Certificate for DWR #16-0373 v3 does not replace the Authorization Certificate for DWR #16-
0373 v2 dated October 7, 2016. This Authorization Certificate shall expire five (S) years
from the date of this letter.
This approval requires you to comply with the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B. 0233(8)].
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
SW Outfall
478 (square feet)
0 (square feet)
Buffers — Zone 2
SW Outfall
315 (square feet)
0 (square feet)
Greenway Access
1216 (square feet)
0 (square feet)
Division of Nater Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.nedcnr.orghveb/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Pax: (919) 788-7159
Weavers Pond -Phase 3B
DWR #16-0373 v3
--- — --.---------------BUFFEf7-ICPPROVA�—
Page 2 of 4
2. Diffuse Flow Plan: Submittal of a Local Government Approval Required
Because the stormwater management plan (SMP) approved by Wake County is being used
to meet diffuse flow requirements on this project, you are required to submit one copy
(hard or electronic) of the approved SMP, including plan details on full-sized plan sheets,
with proof of Wake County's approval. The approved SMP shall be submitted to the DWR
401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before
any impacts authorized in this certification occur. The SMP may not be modified without
prior written authorization from Wake County. If the SMP is modified in the future, then —
you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer
Permitting Unit prior to the commencement of the modifications. [15A NCAC 0213.0233 (5)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur [15A NCAC 02R .0501'
and .0502].
4. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are in by reference as part of the Buffer
Authorization., If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. if the property is
sold, the new owner must be given a copy of this approval letter and is responsible for
complying with all conditions.
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Weavers Pond -Phase 3B
DWR #16-0373 v3
BUFFER APPROVAL
Page 3 of 4
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R-DWR-401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Weavers Pond -Phase 3B
DWR #16-0373 v3
BUFFER-APPROVAL--
Page
UFFERAPPROVAC-Page 4 of 4
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B.0233. Please contact Stephanie Goss at 919-791-4256 or
Danny Smid
any questions or concerns.
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer file
Deborah Shirley; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104;
Raleigh, NC 27615
LEGEND and NOMENCLATURE
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VICINITY
CERTIFICATE OF OWNERSHIP AND DEDICATION
I hereby Cardy In I 111 the Owner If Me popRby deur bed hereon -0 propa t is
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plan and pubic use all area,,hown on INS plates
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Ildoateo as Prrvale, and at I wall mama., all war areas Until ORe, of d,R1RSeon le
accept,, by the apWOpnate puN c authority. All property snnam On lfes plat as
ded Gated for any Other pubic use --ad by law when such other use Is approved
M.
board M cdnmiss overs OI the Town of Zebulon n - Ibl., nt
3/1/17\U'
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STATE OF Nl
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COUNTY OF I [CLIM1L-
DerNN b,t dw ro,owxg INI— a) personally eppN— berure me this day,
edging Io me Nal he Dr she ydunlanly sib— Iha f ,—, document NR the
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TRIS SURVEY IS OF AN EXIST—PAK L OR PARCELS OF I.wo oxo OpES NOT
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RECORDED IN BOOK 2017
DEED BOOK 16535, PAGE 1857
BOOK OF MAPS 2005, PAGE 492
BOOK OF MAPS 2006, PACE 2499
'OTHERS SHOWN HEREON
I � 1
NRIIE COUNTY. NC 97
LAURA N RIDDICK
REGISTER OF DEEDS
PRE.SEN TED & RECORDED ON
03122/2017 1157:49
0111111111111
BOOK:942617 PAGE:00594
PAGE 691 WAKE COUNTY REGISTRY
NEWCOMB land surveyors, Llc, 246 West M111brook Road, Raleigh, NC 27609, (919) 847-1800, (919) 847-1804 (fax), NC License AFP -0203
%N 1J9B=6� GREENWAY EASEMENT PLAT
WEAVERS POND, PH. 1
PROPERTIES OF
WEAVERS POND DEVELOPMENT CO., LLC
LITTLE RIVER TOWNSHIP WAKE COUNTY NORTH CAROLINA
120 60 0 120 240
SCALE:1"— 120'
1 LINE TABLE
LIN I LENGTH I BEARING
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EXIST. CONDITIONS/DEMOLITION NOTES
1. ALL MATERMLS AND METHODS OF CONSTRUCTION SHALL BE IN ACCORDANCE
WITH THE TOWN OF 2EBULON AND THE STATE OF NORTH CAROLINA STANDARDS
AND SPECIFICATIONS.
2. CONTRACTOR SHALL HAVE NORTH CAROLINA ONE CALL (1-600-632-4949)
LOCATE ALL EXISTING VnUTIES PRIOR TO BEGINNING CONSTRUCTION.
3. CONTRACTOR SHALL VERIFY THE LOCATION AND DEPTH OF ALL EXISTING
UTILIRES ANO NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR CONFLICTS
MR TO BEGINNING CONSTRUCTION.
4. CONTRACTOR IS RESPONSIBLE FOR REMOVING OR RELOCAnNG ALL UTILITIES IN
CONFLICT WITH NEW CONSTRUCTION. CONTRACTOR SHALL COORDINATE WITH UTILITY
COMPANIES PRIOR TO DISTURBANCE.
5, CONTRACTOR SHALL DISPOSE OF ALL MATERIALS IN ACCORDANCE WITH ALL LOCAL
AND STATE REGULAnONS.
/ // I 11 �� ��� •. C ,
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INFRASTRUCTURE CONSTRUCTION PLAN APPROVAL I
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PUBLC IMUTIES
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PIEDMONT LAND DESIGN, LLP
8522-204 SIX FORKS ROAD
RALEIGH, NORTH CAROLINA 27615
919.845.7600 PHONE
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919A16.7= PHIM
919.616.7707 FAX
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PRELIMINARY
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ISSUED: 02 AUG 2017
REVISIONS:
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PROJECT: FDCWPT
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