20060466 Ver 1_Revised 401 Application_20060502

OIN Design Consultants
15 !.5 LI 1J lS
972 Trinity Road @
TEL [phone]
Raleigh, North Carolina 27607 FAX [phone]
MAY 2 2006
Transmittal DENR _ WATER QUALITY
werwros AND stow,mur? a?,,cN
Date: 05.02.2006 Job. No: 536-04 DWQ Project # 06-0466
To: NC Division of Water Quality, Central Office
2321 Crabtree Boulevard
Raleigh, NC 27604-226o
Attn: Ms. Cvndi Karoly
Re: Revised PCN Application for Whispering Pines Subdivision, Franklinton
Sending:
® Attached ? Under separate cover the following
via items:
® Prints/Plans ? Shop Drawings ? Specifications ? Samples
? Other:
I Copies I Date I Description
5 04.28.2oo6 v ,.. .a DIXI A.._.,:-. :-
Transmitted for:
® Your use ? Approved as submitted ? Resubmit ? Copies for approval
? As requested ? Approved as noted ? Submit ? Copies for distribution
? Review and comment ? Returned for ? Return ? Corrected prints
Remarks Ms. Karoly - Please find attached 5 copies of the revised PCN Application for
Whispering Pines Subdivision, Franklinton, Franklin County, North Carolina.
Please feel free to contact me if you have any questions. Thank you.
O?OF W AT F9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
O Alan W. Klimek, P.E. Director
Division of Water Quality
March 30, 2006
DWQ Project # 06-0466
Franklin County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Robert Gaddy, Jr.
REG Investments
224 Cedar Creek Road
Franklinton, NC 27525
Subject Property: Whispering Pines Subdivision
Ut to Cedar Creek [030301, 28-29-(2), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Gaddy:
On March 21, 2006, the Division of Water Quality (DWQ) received your application dated March 20,
2006, to impact 0.0043 acres of wetland, 317 linear feet of perennial stream (294 linear feet permanent
impact, 23 linear feet temporary impact), and 17,285 square feet of Zone 1 Tar-Pamlico River basin
protected riparian buffers and 9,008 square feet of Zone 2 Tar-Pamlico River basin protected riparian
buffers (8,025 square feet permanent impact, 983 square feet temporary impact) 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 five copies of the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 21-1.0506 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. You have indicated within your cover letter narrative that, "This is the first application for this
property and covers impacts related to the installation of the two proposed stream crossings by the
residential streets. A second application is anticipated for impacts associated with the remainder
of the subdivision. This second application will include detailed drainage calculations, storm
drainage design, and site erosion control and grading." The DWQ requires you to submit your
plans for the entire site documenting all proposed impacts to the complete project so we may
adequately assess whether avoid and minimization has been probably addressed for the site. This
should include the following if it is not included on the current plans:
• Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on
the site plan.
• Please show all wetland impacts including fill slopes on the site plan.
• Please indicate all buffer impacts on the site plan.
• Please indicate proposed lot layout as overlays on the site plan.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
?e
N Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
REG Investments
Page 2 of 2
March 30, 2006
• Please locate any planned sewer lines on the site plan.
• Please provide the location of any proposed stormwater management practices as required by
GC3402.
• Please provide detail for the stormwater management practices as required by GC 3402.
• Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
• Please indicate all stormwater outfalls on the site plan.
• Please indicate the diffuse flow provision measures on the site plan and submit level spreader
worksheets and signed and notarized Operations and Maintenance Agreements if applicable.
2. Deed notifications must be placed on all lots that abut buffers or wetlands.
3. Please provide documentation from the NCEEP indicating their willingness to accept your
request to purchase stream mitigation credit to mitigate for the proposed stream impacts listed in
your PCN application per section VIII, No. 4.
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 me in writing and Eric Kulz
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.
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. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlijm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Shawn Guyer, Spaulding & Norris, P.A., 972 Trinity Road, Raleigh, 27607
Filename: 060466whisperi ngPinesSD(Fra n ld i n)O n_H old
Civil Engineering & Planning
0 to - O 1? Lo (O
April 28, 2006
Ms. Cyndi Karoly
- e_ NC Division of Water Quality ? ?
Central Office V
2321 Crabtree Boulevard, Suite 250 f
Raleigh, North Carolina 27604 - 2260 MAY 2 2006
A WATER QUALITY
KMAh39T61?fI 1i*_ BRANCH
RE: Revised Pre-Construction Notification for Whispering Pines Subdivision
USACE AID# 200521019
DWQ Project # TPBRRO 05-111
Dear Ms. Karoly,
Please find attached, the revised Pre-Construction Notification Application for proposed stream,
wetland, and Tar-Pamlico riparian buffer impacts associated with Whispering Pines Subdivision, located in
Franklinton, Franklin County, North Carolina. The Franklin County tax PIN for the property is 1864-28-
6200. The site covers 176.60 acres east of Hicks Road (SR 1125) and south of Cedar Creek Road (SR
1116) and is located in the Tar-Pamlico river basin. Included with this application are detailed drawings
depicting the proposed impacts as well as site layout and preliminary utility and drainage construction
drawings for the subdivision.
Site concurrence was held with Mr. Mike Horan of the North Carolina Division of Water Quality
(DWQ) and a Tar-Pamlico Buffer Determination was issued on June 23, 2005. Site concurrence was held
with Ms. Andrea Wade of the US Army Corps of Engineers (USACE). A Jurisdictional Determination was
issued my Mr. Thomas Brown of the USACE on July 11, 2005. This is a revision to the first application
for this property and covers all anticipated impacts for the subdivision.
The design of the proposed project involved extensive avoidance and minimization during the
subdivision layout and planning stage. There are five stream-wetland complexes on the site, as well as the
floodplain for Cedar Creek along the southern property boundary. The layout for the streets and lots was
oriented to completely avoid these complexes. Several additional stream crossings were removed from the
initial subdivision layouts to avoid impacts to those streams. The two unavoidable stream impacts were
necessary for several reasons.
The first impact, Tanglebriar Trail is the main subdivision entrance from Hicks Road. The design
of the Hicks road crossing was limited by several factors. First, due to Hicks Road being at 3.43%
superelevation, the slope of Tanglebriar Trail from Hicks Road was limited to 4.67% to meet NC DOT
requirements regarding rollover angle. Due to the length of Tanglebriar Trail, the minimum slope at
Fernspring Drive was limited to 5%. These two restrictions create a fill situation at the stream crossing that
cannot be altered.
The second impact, Raccoon Run Lane, is necessary to provide access to the northwestern section
of the property. Although this area of the property does have an access point from Cedar Creek Road, the
Phone: [phone] ? Fax: [phone] ? 972 Trinity Road ? Raleigh, North Carolina 27607
current location is the only possible crossing point to provide access to the remainder of the subdivision.
The location of the impact is limited by street radius requirements. The impact is also limited by the cover
requirement for Raccoon Run Lane over the culvert. This requirement increases the elevation of the street
surface and creates fill requirements along the right-of-way.
The two wetland impacts consist of several small wetland areas that could not be practically
avoided after the entire subdivision was realigned to avoid the major stream-wetland complexes. The
impacted wetlands are several small areas that are isolated from the main stream complexes and located in
the upper areas of the drainage basins, above head of each stream.
The resulting revised proposed impact totals are:
Permanent Wetland Impacts
Accumulated area: 3,814 sqft (0.0876 acres)
Permanent Stream Impact: 151 If
775 sqft (0.0178 acres)
Temporary Stream Impact: 231f
85 sqft (0.0019 acres)
Permanent Neuse River Buffer Impact - Zone 1
Accumulated area: 9,264 sqft (0.2127 acres)
Permanent Neuse River Buffer Impact - Zone 2
Accumulated area: 4,758 sqft (0.1092 acres)
Temporary Neuse River Buffer Impact - Zone 2
Accumulated area: 444 sgft (0.0102 acres)
As compensatory mitigation for stream impacts, we propose payment to the North Carolina
Ecosystem Enhancement Program's (EEP) In-Lieu-Fee Program. We have included the approval letter
received from the EEP.
Please do not hesitate to contact me if you have questions, comments or concerns about this revised
application. Thank you in advance for your time spent reviewing this permit application.
Sincerely,
Shawn F. Guyer, E.I.T
Environmental Engineering Assistant
40 stem
PROGRAM
March 29, 2006
Shawn Guyer
Spaulding & Norris
972 Trinity Road
Raleigh, NC 27607
Project: Whispering Pines Subdivision County: Franklin
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Ri arian on-Riparian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0 0 0 0 294 0 0
03020101
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerel
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Eric Alsmeyer USACE-Raleigh
Eric Kulz, DWQ-Raleigh
File
Reston ... ... Prot", our Jtat&
AXn
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. © U ?) LV LA Lo
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
1. Owner/Applicant Information
gV§1
!2 Z005
Telephone Number: Fax Number:
E-mail Address:
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: Shawn Guyer
Company Affiliation: Spaulding & Norris, PA
Mailing Address: 972 Trinity Road
Raleigh, North Carolina 27607
Telephone Number: 919.854.7990 Fax Number: 919.854.7925
E-mail Address:[e-mail]
Page 5 of 14
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Whispering Pines Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1864-28-6200
4. Location
County: Franklin Nearest Town: Franklinton
Subdivision name (include phase/lot number): Whispering Pines Subdivision
Directions to site (include road numbers/names, landmarks, etc.):
Travel north on Capitol Boulevard (US-1) from I-440 19.5 miles. Turn right onto Bert
Winston Road (SR 1133), travel 1.9 miles. Turn left onto Hicks Road (SR 1125), travel
approximately 0.75 miles. Site is located on the East (right) side of the road.
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 Degrees (6 digits minimum): 36.08161 ON 78.45242 °W
6. Property size (acres): 176.60 acres
7. Name of nearest receiving body of water:
Cedar Creek (Classification: C,NSW, Stream ID 28-29-(2))
8. River Basin: Tar-Pamlico (Subbasin 03-03-01: USGS HUC Upper Tar (03020101))
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 14
9. Describe the existing conditions and general land use in the vicinity of the project at the time
of this application on the site:
The site is a combination of pasture and mixed pine/hardwood forest communities. The site
has undergone forestry related agricultural practices in the past, evidenced by skid trails and
logging roads. A sanitary sewer main was installed along the floodplain of Cedar Creek on
the southern boundary of the property.
10. Describe the overall project in detail, including the type of equipment to be used:
The project entails the development of a residential subdivision and the associated
infrastructure, including: roads, water supply, and sanitary and storm sewers. Equipment
used will include, but is not limited to trackhoe excavators, bulldozers, rollers, asphalt
pavers, and other grading and road construction equipment.
11. Explain the purpose of the proposed work:
The purpose of the proposed work is to provide the necessary infrastructure to support
a
residential subdivision of single family homes.
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.
Mr. Thomas Brown of the US Army Cons of Engineers issued a Jurisdictional Determination on
July 11, 2005 USACE AID # 200521019). Mr. Michael Horan of the NC DWQ issued a Buffer
Determination on June 23, 2005.
This is a revision of the first permit application for this property. This revision was prepared at
the request of the NC DWQ. The information contained within the revision was prepared based
upon the approved Preliminary Plans for Whispering Pines Subdivision.
Page 7 of 14
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.
Following the submittal of this revision, no other permit applications are anticipated for this
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The proposed impacts associated with this project include impacts to jurisdictional stream
charnel, wetlands, and Tar-Pamlico Riparian Buffers for two residential street stream crossings
and the construction of Whispering Pines subdivision.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
Impact Area #1 Road grading and storm Forested No 0 0.0043
drainage
Impact Area #3 Road grading, storm Forested No 400 0.0430
drainage & lot fill
Impact Area #4 Road grading and storm Forested No 250 0.0401
drainage

Total Wetland Impact (acres) 0.0876
Page 8 of 14
3. List the total acreage (estimated) of all existing wetlands on the property:
1.34 acres delineated
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Intermittent t
? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
Impact Area #1 UT to Cedar Creek Road grading and Perennial 5 151 0.0178
Permanent storm drainage
Impact Area #1 UT to Cedar Creek Road grading and Perennial 5 12 0
.0012
Temporary storm drainage
Impact Area #2 UT to Cedar Creek Road grading and Perennial 3 143 0
0111
Permanent storm drainage .
Impact Area #2 UT to Cedar Creek Road grading and Perennial 3 11 0
0007
Temporary storm drainage .

Total Stream Impact (by length and acreage) Permanent 294 0.0289
Temporary 23 0.0019
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name Waterbody
(if applicable)
Type of Impact - Type of Waterbody
(lake, Pand estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A N/A

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): Permanent
Temporary 0.0289
0.0019
Wetland Impact (acres): Permanent 0.0874
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) Permanent
Temporary 0.1163
0.0019
Total Stream Impact (linear feet): Permanent
Temporary 294
23
Page 9 of 14
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: 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 design of the proposed project involved extensive avoidance and minimization during
the subdivision layout and planning stage. There are five stream-wetland complexes on the site
as well as the floodplain for Cedar Creek along the southern property boundary. The layout for
the streets and lots was oriented to completely avoid these complexes. Several additional stream
crossings were removed from the initial subdivision layouts to avoid impacts to those streams.
Two unavoidable impacts were necessary for several reasons.
The first impact, Tanglebriar Trail is the main subdivision entrance from Hicks Road. The
design of the Hicks road crossing was limited by several factors. First, due to Hicks Road being
at 3.43% superelevation, the slope of Tanglebriar Trail from Hicks Road was limited to 4.67% to
meet NC DOT requirements regarding rollover angle. Due to the length of Tanglebriar Trail the
minimum slope at Fernspring Drive was limited to 5%. These two restrictions create a fill
situation at the stream crossing that cannot be altered.
The second impact, Racoon Run Lane, is necessary to provide access to the northwestern section
of the property. Although this area of the property does have an access point from Cedar Creek
Road, the current location is the only possible crossing point to provide access to the remainder
Page 10 of 14
of the subdivision. The location of the impact is limited by street radius requirements. The
impact is also limited by the cover requirement for Racoon Run Lane over the culvert. This
requirement increases the elevation of the street surface and creates fill requirements along the
right-of-way.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
Compensatory mitigation will be made through_pgyment to the North Carolina
Ecosystem Enhancement Program's In-Lieu-Fee Program
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
Page 1 I of 14
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 294
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): NIA
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ® No ?
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2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
XI.
Zones Impact
(square feet
1 Permanent 17,285
2 Permanent 8,025
Temporary 983
Total Permanent 25,310
Temporary 983
Required
Multiplier
a r:....
I
3 (2 for Catawba)
1.5
s Zone 1 extends out 30 feet perpendicular from the top of the near
additional 20 feet from the edge of Zone 1.
extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
We do not believe that buffer mitigation is required. Each of the two street crossings impacts
less than 150 feet or one-third of an acre of protected riparian buffer.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Any existing impervious surfaces on the property will be removed. The impervious area
resulting from the imposed development cannot be determined at this time, as the building
product for the lots is unknown. However, from the preliminary plans, the proposed impervious
area for streets and sidewalks within the subdivision can be approximated at 15.6 acres or 8.8%
of the total site area. From this information, the estimated allowable impervious area per lot can
be determined fora given impervious threshold. If 30% of the total site area is assumed to be
impervious, this would allow approximately 4,000 sgft of impervious area per lot. At 20%
impervious, each lot could contain approximately 2,200 sgft of impervious area. The lots will
likely contain between 2,000 sgft and 3,500 sgft of impervious area each, including house,
driveway, patio, and a front walkway. Assuming a mix of larger and smaller building Product
throughout the subdivision, the overall impervious area of the site will liked be well below 30%.
The stormwater system for Whispering Pines Subdivision will provide detention at each
stormwater outlet, as well as diffuse flow through level spreaders at the outlet of each detention
facility. At this point the stormwater system has not yet been designed, so storm drainage details
and level spreader worksheets are unavailable.
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XU. 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.
Wastewater generated by Whispering Pines will be transported to an existing sanitary sewer
outfall on the southern property boundary and from there conveyed tot he Franklin County Cedar
Creek Wastewater Treatment Plant.
XM. 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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This project will not result in any additional development. The sewer outfall that the project is
utilizing already exists and the project does not provide street stubs to any parcels that do not
already have significant road frontage,
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
0
Appliicant/tAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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