20050172 Ver 4_NOV Response_20090624

05- C)k99, 0q
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
June 23, 2009
S&EC Project No. 9243.P1
Ms. Natalie Landry Mr. Danny Smith
NCDENR-DWQ NCDENR-DWQ
Raleigh Regional Office . NPS Assistance and Compliance Oversight
3800 Barrett Drive, Suite 101 1617 Mail Service Center
Raleigh, NC 27609 Raleigh, NC 27699-1617 0 r--- r.-
L? 1S
Reference: Treefarm Phases II & III JUN 2 4 2009
Notice of Violation Response DENR.WATER OVALITY
DWQ #05-0172, #05-0172 Ver. 4 WMANOSANDSTORWATERBRANCH
USACE Action ID 200520529, SAW-2007-03542
Orange County, NC
Dear Ms. Landry and Mr. Smith:
As requested in your May 5, 2009 Notice of Violation (NOV-2009-PC-0422), Soil
& Environmental Consultants, PA (S&EC) has been engaged by Land Ventures I,
LLC to prepare a Stream Repair Plan for in-stream structures (check dams) at four
(4) roadway crossings at the referenced project site. In addition, further
discussions between S&EC, Land Ventures I, LLC and yourself have led to S&EC
preparing this NOV response.
Your May 5, 2009 NOV, listed and identified following violations:
1) 401 Water Quality Certification Condition Violations
2) Other Waste (In-stream sediment)
This letter responds to each item individually as follows:
Treefarm, Phase II
Impact No. 1: During your March 6, 2009 site inspection you noted
approximately 5 linear feet of rock check dam located in the stream above the
culvert crossing. To the extent required by USACE and DWQ, S&EC proposes
manual removal of the rock check dam as identified. Caution will be applied so as
not to disturb the original stream bed.
Treefarm Subdivision Phases II & III June 23, 2009
Soil & Environmental Consultants, PA Project No. 9243.P 1
Upland and stream bank areas impacted by the check dam and/or site disturbance
will be seeded with the most appropriate temporary seed for the season as
determined by the most recent version of the NCDENR Erosion and Sediment
Control Planning and Design Manual. Seed will be applied at the directed rate and
covered with straw mulch. Repair and stabilization operations will be performed
under the direct supervision of an S&EC representative with a thorough
understanding of the purpose and the delicate manner in which manual methods
should be performed.
Impact No. 2: During your March 6, 2009 site inspection you noted
approximately 12 linear feet of rock check dam located in the stream above the
culvert crossing. The rock check dam will be removed and the channel bed and
banks repaired and stabilized similar to that described for Impact No. 1 above.
Impact No. 3: During your March 6, 2009 site inspection you noted
approximately 3 linear feet of rock check dam located in the stream above the
culvert crossing in addition to approximately 20 linear feet rip rap within the
channel above the check dam location. The rock check dam will be removed and
the channel bed and banks repaired and stabilized similar to that described for
Impact No. 1 above.
Treefarm Phase III
Impact No. 1: During your March 6, 2009 site inspection you noted
approximately 8 linear feet of rock check dam located in the stream above the
culvert crossing associated with an approximate 3 foot elevation change in the
streambed. You also noted the presence of approximately 17 linear feet of
dissipater pad, a small, 2 linear foot check dam on the downstream end and
approximately 30 square feet of rip rap in Zone 1 of the riparian buffer on the right
bank and approximately 60 square feet of rip rap in Zone 1 of the riparian buffer
on the left bank.
Please note, per the NC DWQ General Water Quality Certification 05-0172, Ver.
4, Impact No. 1 was authorized for 32 linear feet of rip rap dissipater pad on the
downstream end and 16 linear feet of riprap dissipater pad on the upstream end.
Therefore, as these were approved impacts, it is our opinion that the presence of
riprap dissipater pads is not a violation and as such, the dissipaters should remain
in place.
Also, please note that the riparian buffer impacts were requested and approved by
Orange County (see attached Orange County Neuse Buffer Rules Authorization
Certificate) which has delegated authority of the Neuse River Riparian Buffer
Rules. Therefore, any perceived buffer violations will be addressed through
Orange County as appropriate.
Page 2of5
Treefarm Subdivision Phases II & III
Soil & Environmental Consultants, PA
June 23, 2009
Project No. 9243.P1
The rock check dam will be removed and the channel bed and banks repaired and
stabilized similar to that described for Impact No. 1 above. A post construction
survey was performed at the upstream end of this crossing to assess the elevation
change in the stream bed created by the existing check dam.
Field data indicates that an elevation drop of approximately 2.5 feet exists between
the channel invert immediately upstream of the existing rock check dam and the
invert of the installed flared end section. Based on this information, our
understanding of site conditions including channel substrate material and
experience with similar projects, we recommend that the riprap be removed to an
elevation coincident with the original channel bed (based upon field observations
at the time of the proposed work). Once the dam is removed, we recommend that
a single boulder cross-vane structure be installed to control channel grade,
stabilize the near bank area and reduce the potential for a headcut to develop and
migrate upstream. The structure should be located and installed at the direction of
S&EC personnel. A typical cross-vane detail is provided in the attached Figure 1.
This structure will be constructed within the previously approved impact limits.
1. Please explain why these impacts occurred without prior authorization.
The check dams were intended to be temporary sediment and erosion control
measures during the pipe installation. This was based upon the past
construction methods and experience of the grading contractor. At the time of
installation, it was not obvious to the developers, Land Ventures I, LLC, that
this is an unusual or unwarranted construction practice.
2. Please provide documentation (including a detailed site map/survey) depicting
all jurisdictional features (e.g. steams and buffers). This documentation
should describe and quantify the impacts to those jurisdictional features and
your plans to avoid further stream and wetland area impacts on the site.
On March 2, 2005, Mr. Todd Tugwell, formerly with USACE, and Mr. Kevin
Martin, of S&EC, visited Phase II of the site to review the streams and
wetlands in the vicinity of the proposed road crossings. In May of 2007, Mr.
Andrew Williams (USACE) and Mr. Kevin Martin reviewed Phase III of the
site for verification of the streams, wetlands and freshwater springs. On
February 6, 2008, Mr. Andrew Williams issued a Notice of Jurisdictional
Determination (JD) for the jurisdictional streams and wetlands on Phase III
subject property (see Action ID SAW-2007-03542). This JD expires on
February 6, 2013.
The permit application packages submitted to both the USACE and NC DWQ
in March 2005 and January 2008 contained overall site plans which
Page 3 of 5
Treefarm Subdivision Phases II & III
Soil & Environmental Consultants, PA
June 23, 2009
Project No. 9243.P1
appropriately depicted the locations of the stream and wetland features on the
subject sites. Additionally, in January 2008, Land Ventures I, LLC received an
Orange County Neuse Buffer Rules Authorization Certificate for the
associated, allowable riparian buffer impacts in Phase III of the development.
Copies of these site plans are attached to this response letter.
The applicant has constructed all impacts in accordance with the plans in the
Phase II and Phase III application submittals and has no intention of
encroaching and/or disturbing any additional jurisdictional features for the
development.
3. Stream Restoration Plan-Please explain how you plan to restore the pattern,
profile and dimension of the impacted stream channels to include the removal
of the Stormwater pond, sediment basin, and associated fill. The streambed
must be restored to the original profile and the stream banks must be stabilized
and any fill material must be removed from the riparian zone. Restoration and
replanting of the riparian buffer zone is required.
As noted above, S&EC proposes manual removal of the rock check dams as
identified. Caution will be applied so as not to disturb the original stream bed.
Upland and stream bank areas impacted by the check dam and/or site
disturbance will be seeded with the most appropriate temporary seed for the
season as determined by the most recent version of the NCDENR Erosion and
Sediment Control Planning and Design Manual. Seed will be applied at the
directed rate and covered with straw mulch. Cleanup operations will be
performed under the direct supervision of an individual with a thorough
understanding of the purpose and the delicate manner in which manual
methods should be performed.
We do not understand the reference to stormwater ponds, sediment basins or
associated fill in the above question. The violations noted during your site
inspection only refer to check dams in the stream. Also, there are no riparian
buffer violations that require restoration and replanting of the buffer zones.
We assume that this was inadvertently included within the NOV letter.
4. Permit Application - If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps or Engineers (USACE) for information on the
type(s) of permit required. Depending on the type of permits USA CE requires,
application for a 401 Water Quality Certification to DWQ will also be
required.
As noted above, S&EC proposes manual removal of the rock check dams as
identified. It is not the intent of the applicant, Land Ventures I, LLC, that any
of the unauthorized, temporary impacts to remain in place.
Page 4 of 5
Treefarm Subdivision Phases II & III
Soil & Environmental Consultants, PA
June 23, 2009
Project No. 9243.P 1
5. Please indicate in your response a detailed schedule with dates explaining
when the restoration will be accomplished, and if you plan to seek a permit for
the permittable impacts, when an application will be submitted.
Removal of the check dams will commence within 45 days of approval from
DWQ, USACE and Land Quality (if necessary).
If you have any further questions or any additional explanation is needed, please
don't hesitate to call.
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Patrick 1
N.C. Lic
Nicole J. Thomson
Regulatory Specialist
Cc: Mr. Andrew Williams, USACE, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Mr. Ian McMillan, DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
Mr. Mark O'Neal, Land Ventures 1, LLC, PO Box 52118, Durham, NC 27717
Attachments: Copy of NC DWQ NOV letter; NOV-2009-PC-0422
Treefarm Phase II, Overall Site Plan
Treefarm Phase III, Overall Site Plan
USACE AID SAW-2007-03542
Orange County Neuse Buffer Authorization Certificate
Figure 1, Cross Vane Detail
Page 5 of 5
4
L
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 5, 2009 - - ,
CERTIFIED MAIL #70081300 00001133 4618 j I
RETURN RECEIPT REQUESTED `i MAY 1 6 2009 I
,A
Land Ventures I LLC
Attn: Mark O'Neal - "-
PO Box 52118
Durham, NC 27717
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0422
DWQ #05-0172
DWQ #05-0172 Ver. 4
Tree Farm Subdivision Phases II and III
401 Water Quality Certification Violations
Other Waste (In-stream Sediment)
36.0304°N 79.1603°W
Orange County
Dear Mr. O'Neal:
On March 6, 2009, Natalie Landry from the Raleigh Regional Office of the Division of Water Quality (DWQ)
conducted a site inspection for the tracts/projects known as Tree Farm Subdivision Phases II and III, on Tree
Farm Road, Orange County, North Carolina. The streams on the sites are an unnamed tributary to Cane Creek,
Class WS-II, HQW, Nutrient Sensitive Waters (NSW), in the Cape Fear River Basin and an unnamed tributary to
Crabtree Creek, Class WS-II, HQW, NSW, in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and inspection.
Mr. Kevin Martin of Soil and Environmental Consultants, PA submitted a Pre-Construction Notification (PCN)
on or about March 10, 2005 on behalf of the property owner, Land Ventures I, LLC for Tree Farm Subdivision
Phase 11. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 14 and the
corresponding General Water Quality Certifications. DWQ issued an approval for the impacts on or about May 5,
2005, DWQ Project# 05-0172. The approved impacts include placement of fill or otherwise impact 237 linear
feet of perennial streams, including all stream stabilization measures, for the purpose of constructing road
crossings at the subject property.
DWQ observations during the site inspection revealed the following unauthorized impacts. At Impact #1, there is
a rock check dam in the stream for approximately 5 linear feet on the upstream side of the culvert. At Impact #2,
there is a rock check dam in the stream for approximately 12 linear on the upstream side of the crossing. At
Impact #3, there is a rock check dam for approximately 3 linear feet and approximately 20 linear feet of riprap
stone in the stream on the upstream side of the culvert.
Ms. Nicole Thomson of Soil and Environmental Consultants, PA submitted a Pre-Construction Notification
(PCN) on or about January 28, 2008 on behalf of the property owner, Land Ventures I, LLC for Tree Farm
Subdivision Phase III-Resubmittal. The impacts were requested under U.S. Army Corps of Engineers gtionwide
o ithCarolina
atmra!!tl
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
Tree Farm Subdivision Phases II and III
May 5, 2009
Page 2
Permit 29 and the corresponding General Water Quality Certifications. DWQ issued an approval for the impacts
on or about February 13, 2008, DWQ Project# 05-0172, Ver. 4. The approved impacts include to place fill or
otherwise impact 145 linear feet of stream (122 linear feet intermittent stream impact and 23 linear feet perennial
stream impact), and 6,875 square feet of Zone 1 Neuse River basin protected riparian buffers, and 3,995 square
feet of Zone 2 Neuse River basin protected riparian buffers to construct the residential development at the site.
DWQ observations during the site inspection revealed the following unauthorized impacts. At Impact #1, there is
a rock check dam in the stream for approximately 8 linear feet and the dam creates an elevation change of at least
3 feet in the streambed. There is a dissipater pad in the stream for approximately 17 linear feet and a small check
dam of approximately 2 linear feet on the downstream side of the culvert. Observed buffer impacts include
approximately 30 square feet of riprap stone in Zone 1 (right bank) and approximately 60 square feet of riprap
stone in Zone 1 (left bank) on the downstream side of the crossing.
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I 401 WOC Condition Violations
The approval of the 401 Water Quality Certifications and Neuse Buffer Authorization with Additional Conditions
letters specify that the activities must follow the conditions listed in the General Water Quality Certifications, as
well as additional conditions listed in the letters.
General Water Quality Certification 05-0172, Additional Condition 1 states the following:
"Impacts Approved.
The following impacts are hereby approved as long as all of the other specific and general conditions of the
Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts:"
Amount
Stream 237 (fee
Plan Location or Reference
PCN form
General Water Quality Certification 05-0172, Additional Condition 3 states the following:
"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."
General Water Quality Certification 05-0172, Ver. 4, Additional Condition 1 states the following:
"Impacts Approved.
The following impacts are hereby approved as long as all of the other specific and general conditions of the
Certification (
or Isolated Wetland Permit) are met. No other im acts area roved including incidental im
Type of Impact Amount A roved Units Plan Location or Reference
Stream 145 feet Application
Buffer - Zone 1 6,875 (square ft.) Application
Buffer - Zone 2 3,995 (square ft. A lication
)acts:"
General Water Quality Certification 05-0172, Ver. 4, Additional Condition 2 states the following:
"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."
Item R Other Waste (In-stream Sediment)
15A NCAC 02B .0211 (3)f
Tree Farm Subdivision Phases II and III
May 5, 2009
Page 3
Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish,
aesthetic quality or impair the waters for any designated uses;
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30 days of
receipt.
1. Please explain why these impacts occurred without prior authorization.
2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water features
(e.g. streams and buffers) on the sites. This documentation should describe and quantify the impacts to those
jurisdictional features, and should include plans to avoid further stream, buffer and wetland impacts on the
sites.
3. Stream Restoration Plan - Please explain how you plan to restore the pattern, profile and dimension of the
impacted stream channels to include the removal of riprap. The streambed must be restored to the original
profile, the stream banks must be stabilized and any fill material must be removed from the riparian zone.
Restoration and replanting of the riparian buffer zone is required.
4. Permit Application - If you wish for any impacts to remain in place, you must contact the U.S. Army Corps
of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits
USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required.
5. Please indicate in your response a detailed schedule with dates explaining when the restoration will be
accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be
submitted.
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as described above, be
properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these matt rs, please contact
Natalie Landry at [phone].
incer ly,
GL dy ?vrviso
anny SmitRegional Su r
S urface Water Protection Section
cc: Raleigh RO - Water Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
Ren Ives, Orange County Erosion Control Division, POB 8181, Hillsborough, NC 27278
*Ticole:Thomas, S&EC, 11010 Raven Ridge Rd., Raleigh, NC 27614 ,_A
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Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The streams are relatively permanent waters (RPWs) and are unnamed tributaries to
Crabtree Creek, a tributary to the Eno River, a traditionally navigable water (TNW), which is a tributary to Falls Lake, an
impoundment of the Neuse River, and a TNW. Falls Lake flows to the Neuse River, a navigable water of the United States.
The Ordinary High Water Mark (OHWM) of the unnamed tributaries were indicated by the following physical
characteristics: clear natural line impressed on the bank, shelving, leaf litter disturbed or washed away, sediment deposition,
scour and the destruction of terrestrial vegetation.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attin:Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive,Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by April 7, 2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: „??J ? 1'??...,'
Date February 6, 2008
Expiration Date February 6, 2013
Page 2 of 3
Applicant: Land Ventures I, LLC File Number: SAW-2007-03542 Date: February 6, 2008
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
_J I APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E

?? ??¢ ??5 r va.' rJ?t •??""`? -.. ; ,.? cr •, * y ,- "p..<?.?ryd, 4i1? A uq:w?
Corp.. xegulattons,'at?33 CFA az t3;1? -4
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
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SECkTIO i _ 4 RE_ 4 S: Qg• APPEAL orUBJ .G F ONSuO
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
MOI O C;0N,T%C 'I F00 ,6 S-TIONSYOIt INEORMATIO ` . i
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Andrew Williams Mr. Mike Bell, Administrative Appeal Review Officer
3331 Heritage Trade Drive, Suite 105 CESAD-ET-CO-R
Wake Forest, North Carolina 27587 U.S. Army Corps of Engineers, South Atlantic Division
919-554-0299 extension 26 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn:Andrew Williams, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303-8801
Erosion Control Division
[phone]
[phone] (FAX)
www.co.orange.nc.us
January 9, 2008
Ms. Nicole Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Tree Farm Subdivision - Starterwood Lane
PIN, 9853-20-3133 Orange County, NC
Buffer Impacts an Unnamed Tributaries of Crab Tree Creek
Neuse Buffer Rules AUTHORIZATION CERTIFICATE
Dear Ms. Thomson:
Er'_
u JAN 10 2008-
r: Suii 6 Ett4bow ata! Cass buts, PA
Upon review of the proposed impacts to the protected riparian buffers on the referenced
site, Orange County has determined that the requirements for a "No Practical
Alternative" have been met. Thus, the County as local delegated authority grants this
Authorization Certificate approving the allowable uses described in your plan.
Specifically, you have been granted approval, in accordance with the conditions listed
below, to impact portions of the protected riparian buffer for the purpose of constructing
Starterwood Lane, a new road, and a driveway associated with the Tree Farm
subdivision.
According to your submittal, the road crossing will impact 5,765 square feet of Zone 1
and 3,262 square feet of Zone 2 of an unnamed tributary to Crab Tree Creek. The
driveway crossing will impact 1,110 square feet of Zone 1 and 736 square feet of Zone
2 of an unnamed tributary to Crab Tree Creek. These impacts are allowable and do not
require mitigation.
This approval is only valid for the purpose and design described in your submittal dated
December 17, 2007, and in the erosion control plan submitted and approved by this
Office. Any change to the project requires notification to our Office and may require
submittal of a new application. If ownership of the property is transferred to another
person(s) or entity, the new owner(s) will be responsible for complying with all
S:\ErosionControl\Erosion Control Div\Neuse Buffer\Authorization Cer ificates\2008\Tree Farm - Starterwood Lane.doc
306F Revere Road
P O Box 8181
Hillsborough,
North Carolina, 27278
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Ms. Thomson
Paqe 2
conditions of approval. You are required to supply a copy of this Authorization
Certificate and approval letter to the new owner as well. For this approval to be valid,
you must follow the conditions listed below as well as any other conditions identified
within 15A NCAC 2B .0233.
Conditions:
1. Diffuse flow of all stormwater at non-erosive velocities shall be obtained prior to
entering the protected stream buffers as identified within 15A NCAC 2B .0233.
2. Supply our Office with copies of all permits granted by the NC Division of Water
Quality and the US Army Corps of Engineers.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. To ask for a hearirog, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes Orange County's review of the "No Practical Alternatives"
determination under 15A NCAC 2B .0233, and "Determination of Mitigation" under
15A NCAC 02B.0242. If you have any questions or would like a copy of the Neuse
Buffer Rules or Orange County's Stormwater Ordinance, please feel free to contact me
at [phone].
Sincerely,
q ? cb ?, 44 e ?-,
Terry L. Hackett
Water Resource Officer / Erosion Control Officer II
cc: file
SAErosionControl\Erosion Control Div\Neuse Buffer\Authorization Certificates\2008\Tree Farm - Starterwood Lane.doc

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