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HomeMy WebLinkAbout20041983 Ver 1_COMPLETE FILE_20041222• Soil & Environmental Consultants) PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com July 25, 2006 S&EC Project # 6020.W1 DWQ EXP # 04-1983 Department of Environment and Natural Resources Division of Water Quality Attn: Cyndi Karoly / Lia Myott 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604 Re: Notification of commencement of construction for The Gardens at Town Hall Commons, Wake County, North Carolina Dear Ms. Karoly and Ms. Edwards: DWQ EXP #04-1983 refers to the approval given for the construction of The Gardens at Town Hall Commons, which was granted on January 21, 2005. This letter is to notify you of commencement of the construction of the approved activities as depicted in the original permit application as per condition 15 of the above referenced authorization certificate. Please call if you have any questions or require further information. Sincerely, ads-? Nicole Thomson Regulatory Specialist D e l? ? J f1 JUL 2 5 2006 kiVR - WATER QUALITY IS AND S WATER BRANCH Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 p?o? W AT ?RpG r O '< Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 21, 2005 Centex Homes Attn: Grey Methven 2301 Sugar Bush Rd., Suite 400 Raleigh, NC 27612 Alan W. Klimek, P.E. Director Division of Water Quality DWQ EXP No. 04-1983 Wake County page 1 of 5 Subject Property: The Gardens at Town Hall Commons UT to Crabtree Creek [03-04-02, 27-33-(1), C NSA] *303(d) list APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS EXPRESS REVIEW PROGRAM Dear Mr. Methven: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.1273 acres of wetlands (temporary), 195 feet of streams and 5,532 square feet (ft2) of protected riparian buffers for the purpose of a subdivision at the subject property, as described within your application dated December 22, 2004 and received by this office on December 22, 2004 and all other additional information submitted and received by this office on January 4, 2005, January 12, 2005 and January 20, 2005. Please note that this excludes the impacts requested for impact #9. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number 3402 (GC3402). The Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 1. Impacts Approved 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands one N Carolina &4911x' An F-ml 0--nrhmit-/Affirmative Artinn Fm-lo-pr-50% Rec,,cled/100% Post Consumer Paner Centex Homes Page 2 of 5 1/21/05 The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 195 (feet) Sheet 2 and 3 (impacts 2 and 6) 404 Wetlands 0.1273 (acres) Sheet 1 (impact 4) Buffers 5,532 (square ft.) Sheet 2 and 4 (impacts 7 and 8) 2. Buffer Mitigation (EEP) You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 5,532 square feet as required under. this Authorization Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7) this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization. Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions concerning payment into the Riparian Buffer Restoration Fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for 10,329 ft2 of required riparian buffer mitigation for impacts to 5,532 fe of riparian buffers; 03-04-02 river and subbasin: ' 3. Diffuse Flow All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). 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 15A NCAC 2B 33 and GC 3402. 5. No Impacts to Zone 1 No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ. 6. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- Centex Homes Page 3 of 5 1 /21 /05 established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 7. For the proposed 4 barrel culvert located at impact #6, the design and installation of sills in conjunction with multiple barrel culverts should be such that the culvert cross-section mimics the stream bankfull dimension (i.e. stream cross sectional area and geometric configuration) as closely as possible. The sills shall be placed on the two outside culverts and have a height equal to the bankfull discharge depth. No impacts shall be incurred anywhere on the project until an acceptable design is submitted to, and approved by, the NC Division of Water Quality. It is our understanding that a 48" pipe is being required for impact #2. Culverts 48" diameter or greater shall be buried a foot and parallel to the slope of the streambed. Culverts less than 48" in diameter or less shall be buried to a depth equal or greater than 20% their size for aquatic life passage. These measurements must be based on natural thalweg depths. 9. Impervious Surface Condition If the amount of impervious surface exceeds 30%, then a stormwater management plan, approved by DWQ, shall be implemented. The DWQ has not approved the proposed stormwater management plan, included in the application dated 22 December 2004. 10. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o. enr.state. nc. uslsulFonnsDocuments. htm. 11. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlarids. The text of the sample deed notification may be modified as appropriate to suit to this project. Centex Homes Page 4 of 5 1 /21 /05 12. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. 13. 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 Preconstruction Notice Application. 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. 14. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 15. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within 10 days of the commencement of construction. 16. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may, result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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 hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Centex Homes Page 5 of 5 1 /21 /05 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or Deborah Edwards at 919-733-9502. Sincerely, Alan W. Klimek, P.E. AWK/dae Attachments: Certificate of Completion GC 3402 Cc: Sean Clark-S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office Eric Kulz-DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 041983TheGardens(Wake)EXP+401 4? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor North Carolina Division of Water Quality 401 Water Quality Certification William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 211.0500, Centex Homes has permission as outlined below to impact 0.1273 acres of wetlands and 195 linear feet of streams and 5,532 square feet of riparian buffer for the purpose(s) of constructing the proposed subdivision in Wake County. All activities associated with these.authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT NO: EXP 04-1983 LOCATION: The Gardens at Town Hall Commons COUNTY Wake BASIN/ SUB BASIN 03-0-02/NEU02/27-33-(1) As required by 15A NCAC 211.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts: 0.1273 Acres of wetland 195 Linear feet of stream 5,532 square feet of riparian buffers Mitigation: 10,329 square feet of riparian buffers One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One 7 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarollna Phone: 919-733-1786/ FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands ?????? //? nn C.. -1 n n N., dna;rn ns,, n a;nn C-1-- x110% QcnvnlerlH no% Onc+r nnmimer P?ncr Centex Homes Page 2 of 2 1/21/05 choose this option, please sign this form and mail it to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 Filename: 041983TheGardens(Wake)EEP MULTI COMMUNICATION REPORT DATE JAN-21-2005 FRI 16:25 NAME DWQ-WETLANDS TEL 9197336893 REF. NAME - COMMUNICATION MODE : TX NO. FAX NAME/NUMBER 870 95718346 870 98469467 START TIME TIME MODE 01-21 16:20 02'39" ECM 01-21 16:23 01'41" ECM PAGE 8/8 8/8 RESULTS OK OK TOTAL TIME 00:04'20" TOTAL PAGES : 16 AmT4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-0203 Fax #: 919-733-6893 Fax To: Grey Methven Fax #: 919-571-8346 Sean Clark 919-846-5900 Subject: The Gardens at Town Hall Commons Date: 1/21/05 Number of pages including cover sheet: / b Notes or special instructions: The original will be sent in the mail. If you have questions please call Debbie Edwards at 919-733-9502. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httU://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper One thCarolina Nor Natmally Soil & Environmental, Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com 19 January 2005 r= W,7 S&EC Project #6020:W1 tT3??-'-? DWQ EXP No. 04-1983 D NCDENR-DWQ JAN 2 0 2005 Attn: Ms. Debbie Edwards 2321 Crabtree Blvd. DENR. WAFER QUALITY YyETLANDSANDSTORMWATERBRANCH Parkview Building Raleigh, NC 27604 RE: DWQ EXP No. 04-1983 The Gardens at Town Hall Commons MorrisvilleWake County, North Carolina Dear Ms. Edwards: We received your fax sent January, 06 of 2005, requesting (for a second time), additional information for proposed project referenced above. This letter and the accompanying information should clarify material already submitted with our original request for Express Review, and answer your request for additional information. 1. You requested that we "submit cross-sectional details for road crossing # 2, including the size of the culvert, the length of the culvert, the velocities coming out of the culvert and the size of the dissipater," as well as showing, "provision for aquatic life passage for this stream crossing." Attached to this letter are the details requested (Impact Maps Sheet 5 & 6). Also attached area response letter written by Tommy Craven and a letter of resolution from the Town of Morrisville which explains the restrictions imposed on the culvert specifications for the crossing at Impact # 2. Please refer to these attachments for additional details. 2. You requested that the proposed impacts #1 and #3 be eliminated as they were not necessary. These impacts have been eliminated. Please see the updated PCN and Impact Maps, (attached). 3. You requested that impact #9 be moved or reconfigured. Charlotte Officer Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, 14C 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 This impact is unavoidable and justification has been provided in the attached response letters and the letter of resolution from the Town of Morrisville. 4. You asked that "the impact labeled as #6 on the impact map does not match the impacts listed in the PCN," and to "revise the map to include impacts to scale. These changes have been made to the impact maps. The attached maps and PCN should be in alignment with each other. 5.' You stated that you believe "that the proposed impact labeled on the plans as #5 can be moved or reconfigured to avoid the impacts to the wetland." You asked us to "revise the plans to avoid the impacts." The impact previously labeled as #5 has been eliminated entirely. The lot configuration was re-designed to completely eliminate impacts to thewetland. This change has been reflected on the PCN and Impact Maps. 6. You requested that the impacts labeled on the map as #7 and #8 be moved or reconfigured to avoid buffer impacts. The stormwater devices have been removed from Zone 1 with the exception of the outlet pipe from the devices. Mitigation will be necessary for remaining impacts to buffers. 7. You requested that the stomwater from the outlet near lots #160 and #166 be treated. And that the outlet pipe from the stormwater management facility labeled #7 be directed into the constructed wetland. The stormwater from this site is not required to be treated as the projects impervious surface percentage is only,27.7%. Please refer to the attached response letters (section 7) for more details. 8. You'requested that the road crossing at impact #6 "be redesigned to prevent the potential for headcuts and provide aquatic life passage." Justification for this impact has been provided in the attached response letter and the letter of resolution from the Town of Morrisville. Please refer to these letters. for the details regarding the justification for the proposed road crossing labeled on the maps as impact #6. 8. You.stated that the volumes provided for the temporary storage in stormwater management facilities #'sl, 2, and 4 are significantly undersized. You asked that the size be recalculated and"designed in accordance with the NCDENR 199 Stormwater BMP Manual. Again, water quality treatment is not required for this site. Water quality pool storage volumes were based on capturing the onsite runoff from the one inch storm. The volume was calculated using the SCS curve number methodology for each of the land use classifications within the site. Please refer to the attached response letter for additional justification. Please do not hesitate to contact us in the event that we have misinterpreted or misunderstood your request for additional information. Sincerely, ?lc?^ oe Chris Flowers Sean Clark Environmental Scientist Environmental Scientist Attachments: 1. Request for More Information-DWQ EXP No. 04-.1983 2. Response Letter from Priest, Craven, & Associates, Inc. 3. Additional Response Letter from Priest, Craven, & Associates, Inc. 4. Letter of Resolution from the Town of Morrisville 5. 'PCN Form (re-revised) 6. Revised Overall- Map 7. Revised Impact Maps (sheets 1-4) 8. Additional Impact Details,(sheets 5-6) Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Centex Homes Mailing Address: Gray Methvan 2301 Sugar Bush Rd. Suite 400 Raleigh NC 27612 Telephone Number: 919-781-1952 Fax Number: 919-571-8346 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: Sean Clark Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleighi NC 27614 Telephone Number: (919)846-5900 Fax Number: (919)846-9467 E-mail Address: SClark@SandEC.com Pagel of 9 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: The Gardens at Town Hall Commons 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0745.59.9192 & part of 0745.67.4649 4. Location County: Wake Nearest Town: Morrisville Subdivision name (include phase/lot number): The Gardens at Town Hall Commons Directions to site (include road numbers, landmarks, etc.): The subject property is located approximately 4,000 feet southwest of the intersection of NC Hwy 54 and McCrimmon Parkway (SR 1635) There is a small extension road connecting the site to McCrimmon Parkway. Please refer to the attached Figures 1 and 2 for the project's location on a USGS topographic quadrangle and the Wake County Soil Surveymaps respectively. 5. Site coordinates, if available (UTM or Lat/Long): 035°50'2.70"N, 078°50'41.25"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 50 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Indian Branch 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hLtp://h2o.enr.state.nc.us/admin/mVs/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: A pipeline runs through the southern half of the site. The site is mixed residential and abandoned farmland now forested. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The project is a single-family residential subdivision that includes impacts resulting from a road crossing stormwater management a sewer line crossing, and a multi-purpose path. Construction will involve standard g Lading and equipment. Heavy equipment typically used for such projects will be employed on this site 11. Explain the purpose of the proposed work: The project will provide single-family residences to meet the rig demand for housing in the area. The resulting impacts are required to provide necessary utilities (i.e., roads sanitary sewer, etc) to the project 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. On 11 September 2001, Mr. Charles Brown of NC DWQ determined the applicability of the Neuse Buffer Rules to jurisdictional features on the subject property (NBRRO 01-259). A feature at the northern property line starts approximately 25 feet inside the western property line and terminates approximately 50 feet west of the utility easement that is present on site. This feature becomes subject again at a point west of the utility easement and south of the proposed road crossing The other east-flowing stream on site enters the property in the southwest property corner, and is buffered throughout its extent on site to its confluence with a UT to y Indian Branch That UT to Indian Branch flows on site within 200 feet of the southeast propert corner, and is buffered throughout its extent on site. The USACE approved the wetland delineation on 8 January 2002 USACE Action ID #200220371) after reviewing the fieldwork conducted by S&EC Earlier phases of the project are shown and impacted 0.071 acres of wetland Because this area was below 0.10 acre and the project has not been completed, notification to the USACE/NC DWQ has not previously been submitted to S&EC's knowledge. 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. The applicant does not anticipate request additional permits related to construction on this project 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. The applicant must also Page 3 of 9 provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Provide a written description of the proposed impacts: Proposed impacts from excavation include 0.127 acres of temporary wetland impacts (Impact 4), 110 feet of perennial stream impacts Impact 6) and 85 linear feet of intermittent stream impacts Impact 2). Proposed impacts from egg enway crossings include 0.054 acres of wetland (Impact 9). In addition, proposed impacts to Zone 1 of the Neuse Buffer total 1,354 square feet, and proposed impacts to Zone 2 of the Neuse Buffer total 4,187 square feet. Proposed impacts total 85 linear feet of intermittent stream channel, 110 linear feet of perennial stream channel, 0.181 acres of wetland, and 5,541 square feet of riparian buffer. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** indicate on ma acres es/no linear feet 4 (NWP 39) Temporary 0.1273 No Headwater forested 9 (NWP 39) Fill 0.0541 No Headwater forested * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htip://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: +/-3.5 Total area of wetland impact proposed: 0.1814 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact lease specify) 2 Road crossing 85 UT to Indian Creek 2' Intermittent 6 Road crossing 110 UT to Indian Creek 2' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Page 4 of 9 www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.m4pquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 195 LF (110LF perennial) 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, ocean, etc. NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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 annlicant has taken several steps to minimize impacts where- they are unavoidable. Road crossings have been re-engineered: others have been eliminated, and cul-de-sacs created in their place in order to avoid crossing additional jurisdictional features present on the site. The main road crossing (Impact 6) was shifted "upstream" so as to avoid the buffered area and to use an existing, crossing within the utility easement. For additional impact Justification refer to the copy of the Attached Response Letters 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 Page 5 of 9 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 March 9, 2000, 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 NCWRP 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 ho://h2o.enr.state.nc.us/ncwetlands/strmpide.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. Impact 6 is a road crossing of a perennial stream that is within the utility line easement on the property. Impacts in this area were minimized by utilizing an old crossing within the access and by crossing upstream of where the channel becomes buffered. Although this channel contains water most of the year it has been greatly impacted by the easement and therefore is not considered "important/mitigatable". For this reason we do not believe that stream mitigation should be required. All buffer impacts proposed are considered "allowable" or "exempt" and therefore no buffer mitigation is proposed. If the USACE requires wetland mitigation the applicant proposes payment to the NC EEP. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Page 6 of 9 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: 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. Zone* Impact (square feet Multiplier Required Miti ation 1 1,354 3 4,062 2 4,178 1.5 6,267 Total 10,329** Page 7 of 9 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. ** All proposed activities resulting in impacts to the riparian buffers are considered "Allowable" or "Exempt" by the buffer rules. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. All proposed activities resulting in impacts to the riparian buffers are considered "Allowable" or "Exempt" by the buffer rules XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Impervious surface area on site equals 27.71% (i.e. less than 30%). For this reason, an NC DWQ-approved stormwater plan is not required Proposed stormwater devices are, however, shown on the previously, provided stormwater management plan (4 sheets) and impact mans (5 sheets) XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will be handled in accordance with standard best management practices pertaining to construction of this type XIII. 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. 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). Page 8 of 9 CL. ,or Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 AFR Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 'i 'C Alan W. Klimek, P.E. Director Division of Water Quality January 6, 2005 DWQ EXP No. 04-1983 Wake County Page 1 of 2 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Centex Homes Attn: Grey Methven JA IN 1 2005 2301 Sugar Bush Rd., Suite 400 Raleigh, NC 27612 Subject Property: The Gardens at Town Hall Commons REQUEST FOR MORE INFORMATION EXPRESS REVIEW PROGRAM Dear Mr. Methven: On January 4, 2005, the Division of Water Quality (DWQ) received your new information for the application dated December 22, 2004 to impact 0.374 acres of wetlands, 286 feet of stream and 9,039 square feet (ft) of protected riparian buffers to construct the proposed 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 wetland, streams and/or buffers on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 2B .0233(8) and will place this project on hold as incomplete until we receive this additional information. Please provide 5 copies of the following information so that we may continue to review your project. Additional Information: 1. Please submit cross-sectional details for road crossing # 2, this should include the size of the culvert, the length of the culvert, the velocities coming out of the culvert and the size of the dissipater. In addition, please show provision for aquatic life passage for this stream crossing. 2. The proposed impacts labeled as #1 and #3 on the plans does not appear to be necessary. Please eliminate the proposed impacts or provide additional information as to why it is necessary for this project. 3. This office believes that the proposed impact labeled on the plans as #9 can be moved or reconfigured to avoid the impacts to the wetland. Please revise the plans to avoid the impacts. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet: http://h2o.enr.state.nc.uslncwetlands None Carolina NIII&A9111V An Equal Opportunity/Affirmative Acton Employer - 50% Recycled/10% Post Consumer Paper Centex Homes Page 2 of 2 1/6/04 4. The impact labeled as #6 on the impact map does not match the impacts listed in the PCN, please revise the map to include impacts to scale. 5. This office believes that the proposed impact labeled on the plans as #5 can be moved or reconfigured to avoid the impacts to the wetland. Please revise the plans to avoid the impacts. 6. This office believes that the proposed impacts labeled on the plans as #7 and #8 can be moved or reconfigured to avoid the impacts to the riparian buffers. Please revise the plans to avoid the riparian buffer impacts. 7. On your impact map, there is a stormwater outlet located on the back of lots #160 and #166 that is not directed to a stormwater management facility. This stormwater is required to be treated, please revise the stormwater management plans so that this stormwater is being treated. In addition, the stormwater management facility labeled #7 has the stormwater pipe not directed into the constructed wetland, please revise your plans. 8. DWQ believes that the proposed design for road crossing #6 will result in destabilization upstream and will not meet condition #9 in Water Quality Certification #3402. Please redesign the proposed road crossing to prevent the potential for headcuts and provide aquatic life passage. 9. The volumes provided for the temporary storage in stormwater management facilities #'s 1, 2 And 4 are significantly undersized. Please recalculate and design in accordance with the NCDENR 1999 Stormwater BMP manual. Please respond within four days of the date of this letter by sending this information to me via e- mail or fax and a follow-up copy in writing. The Express Review Program is a process that requires all parties to participate in a timely manner. If the DWQ feels the Express Review Program is the incorrect review program for your project, then we may have to return your application and have it reviewed through our regular 401 Water Quality Certification Program. 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 Deborah Edwards at (919) 733-9502 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Wetlands/401 Unit, DWQ. CBK/dae cc: Sean Clark-S&EC USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy . Central Files Filename: 041983TheGardens(W ake)EXP+ho1d2 January 11, 2005 Ms. Cyndi Karoly Wetlands/401 Unit Division of Water Quality 2321 Crabtree Blvd, Suite 250 Raleigh, NC 27604 Re : The Gardens at Town Hall Commons DWQ EXP No. 04-1983 Dear Ms. Karoly : In response to your comments regarding The Gardens at Town Hall Commons we offer the following : 1. We have revised the plans for crossing number 2 to indicate the requested details. 2. We have revised the plans in this area to eliminate the impacts on lots 151, 152, 154, 155, 157 and 158. The location of the road in front of lot 133 was set in order to minimize the impact due to the road construction. However we are unable to configure the lots west of the road to eliminate the impacts upstream without losing a lot. The loss of this lot will greatly diminish the project's viability. In light of the modification to the plan to eliminate the impacts on the more significant wetlands downstream, we ask that you consider the minimal incremental impact upstream of the road crossing to necessary to construct lot 133. 3. The Town of Morrisville has required that this crossing be made and that while it may ostensibly be utilized as a pedestrian access, it must also provide a secondary access to the recreation center for emergency service vehicles as well as additional access to the sanitary sewer lines in this area for the Town's maintenance trucks. Therefore a less obtrusive wooden footbridge will not provide the required access. We have tried to keep the fill for the path at a minimum in order to minimize the wetlands impact and to avoid creating a significant hydraulic obstruction to floodwaters along the creek. Placing fewer culverts in this crossing would require that the culvert sizes be increased, raising the elevation of the path, and increasing the size of both the wetland impact and the hydraulic obstruction to the stream flows. Ms. Cyndi Karoly January 11, 2005 Page 2 4. We have changed the impact table to present the information as you have requested. 5. We have revised the plans to remove the stormwater device from the wetlands. 6. We have revised the plans to remove the stormwater devices from Zone 1 with the exception of the outlet pipe from the devices. We understand that a mitigation fee will be necessary for the basin to be located within Zone 2 of the buffers, and for the impact of the outlet pipe within Zone 1. 7. Actually this stormwater is not required to be treated. The impervious surface area of the project is 27.7% of the tract size, so 85% TSS removal is not required. The Town of Morrisville requires stormwater detention to pre- development release rates for the two and ten year storms, but has no water quality component to their ordinance. Centex Homes voluntarily chose to provide water quality treatment above and beyond the requirements. Centex Homes has nonetheless instructed us to add another extended detention wetlands in this location that will serve both water quality and water quantity functions. 8. Our situation at crossing number 6 is very similar to the problem at the upstream pedestrian crossing. Hydraulically there is not a well defined channel at this location. There is however, a fairly significant urbanizing drainage area of approximately 102 acres draining to this point. Given the Town of Morrisville's minimum cover requirements for fill over the top of the culverts, the maximum size culvert that can fit under the roadway is 48 inches in diameter. In order to safely pass the required 100 year design storm under the roadway, four, 48 inch culverts are required. Raising the roadway to allow for a larger center culvert would only increase the length and area of the impact. We have also called for the use of headwalls at the crossing to further minimize the length of the impact. It is our firm belief that the proposed design minimizes the impacts while meeting the hydraulic requirements necessary to provide for the public safety and welfare. 9. As outlined in item 7 above water quality treatment is not required for this site. We chose to provide water quality pool storage volumes based on capturing the onsite runoff from the one inch storm. The volume was calculated using the SCS curve number methodology for each of the land use classifications within the site. The volume of runoff from each land use was then summed to produce the total. This is the same methodology that is used Ms. Cyndi Karoly January 11, 2005 Page 3 by Dr. Bill Hunt in his instructional seminars and is in compliance with all SCS procedures. These volumes are typically lower than the volumes determined using Schueler's "Simple Method" outlined in the BMP Manual. They are however based on the most sound and established procedures available and the results have a greater confidence level than those obtained using the "Simple Method". The BMP Manual goes on to state that methods other than the "Simple Method" may be used to determine the volume of runoff. We have expanded the calculations to better illustrate how this runoff volume was determined. We are currently revising the plans and calculations to document these changes. These revisions should be complete and submitted for your review by the end of this week. Please do not hesitate to contact Sean Clark at S&EC, or me with any questions of comments regarding our response. Sincerely, Thomas F. Craven, PE Priest, Craven & Associates, Inc. Copy : Gray Methven, Centex Homes Sean Clark, Soil and Environmental Consultants TOWN OF MORRISVILLE P.O. Box 166 919.463.6200 Morrisville, NC 27560 RESOLUTION NO. 03-24 A RESOLUTION TO APPROVE THE PRELIMINARY SUBDIVISION PLAT FOR THE GARDENS AT TOWN HALL COMMONS, PHASE 3 (REVISED) WHEREAS, Centex Homes has submitted a proposed Preliminary Plat for The Gardens at Town Hall Commons, Phase 3, (formerly The Village Phase 2); and WHEREAS, the Planning and Zoning Board has forwarded a recommendation for approval of this proposed Preliminary Plat subject to the following conditions: 1. The developer shall provide inflow and outflow hydrographs and stage-storage calculations to verify the adequacy of the detention pond storage. 2. Construction access for the site shall not be allowed on Garden Square Lane and that an alternative access must be found. 3. The developer shall provide a fee-in-lieu of dedication rather than the proposed dedication of land. 4. The developer shall be responsible to construct a ten-foot (10'.) wide asphalt multi- purpose trail from the end of Olde Courthouse Way north to the future greenway, which shall also serve as the access to the detention pond behind lot #151; and WHEREAS, the Board of Commissioners, which is authorized to approve or disapprove the proposed Preliminary Plat, did receive the Planning and Zoning Board's recommendation at their Briefing Meeting on June 9, 2003; and WHEREAS, the Town's Subdivision Ordinance is, in part, intended "to promote the public health, safety, and general welfare of the community"; and WHEREAS, Section 107, Appendix D, of the North Carolina State Fire Prevention Code, 2002 Edition, as adopted by the Town of Morrisville in its entirety, states, in part, that: "Development of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3"; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Morrisville that: The proposed Preliminary Plat for The Gardens at Town Hall Commons, Phase 3, is approved subject to the following conditions: 1. The developer shall provide inflow and outflow hydrographs and stage-storage calculations to verify the adequacy of the detention pond storage. 2. Construction access to the site shall not be permitted from Garden Square Lane. Construction access to the site shall be permitted over a temporary road to be provided prior to the commencement of any construction. This temporary construction access road may be built on a private easement, and its use may be limited in any manner agreed upon by the parties to that easement, so long as it is the sole access to the site used for construction purposes. The temporary construction access road shall be constructed in accordance with all relevant regulations and design requirements in effect on the date of this resolution, and shall be approved by the Town if found in compliance with those regulations and design requirements. All construction related vehicular traffic must use this road in order to ingress and egress "The Gardens at Town Hall Commons, Phase 3." 3. The developer may provide a fee-in-lieu of dedication rather than the proposed dedication of land for recreation. Centex Homes and the Town may continue to negotiate terms for meeting the dedication requirement found in Article VIII of the Subdivision Ordinance until the Final Plat is recorded. 4. The developer shall be responsible to construct a ten-foot (10') wide asphalt multi- purpose trail from the end of Olde Courthouse Way north to the future greenway, which shall also serve as the access to the detention pond behind lot #151. The developer may also use a bridge as necessary to cross wetlands. 5. Prior to the issuance of the first certificate of occupancy for any residential dwelling unit built in this development, a new, second access for the purpose of ingress and egress to and from this development shall be provided. This road shall provide access to the site in addition to that which will be provided by the extension of Garden Square Lane, as shown on the Preliminary Plat. This road shall be constructed to the Town of Morrisville standards for public roads in effect on the date of this resolution for that class of road to be approved and constructed. This road shall be approved by the Town if found in compliance with those regulations and design requirements for that class of road. Upon the acceptance of this road, the project shall be deemed in compliance with those ordinances and policies of the Town of Morrisville relating to access to the site, including, without limitation, Section 107, Appendix D of the North Carolina State Fire Prevention Code, 2002 edition, as identified above. 6. The developer shall comply with all other related regulations that are applicable to the development of this property. Adopted this 28th day of July, 2003. ATTES J. 14 own Clerk Gordon Cromwell, Mayor Town of Morrisville 0 WA T A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 13, 2005 DWQ EXP No. 04-1983 Wake County Page 1 of 2 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Centex Homes Attn: Grey Methven 2301 Sugar Bush Rd., Suite 400 Raleigh, NC 27612 Subject Property: The Gardens at Town Hall Commons REQUEST FOR MORE INFORMATION-EXPRESS REVIEW PROGRAM Dear Mr. Methven: On January 12, 2005, the Division of Water Quality (DWQ) received your new information for the application dated December 22, 2004 to impact 0.374 acres of wetlands, 286 feet of stream and 9,039 square feet (ft) of protected riparian buffers to construct the proposed 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 wetland, streams and/or buffers on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 2B .0233(8) and will place this project on hold as incomplete until we receive this additional information. Please provide 3 copies of the following information so that we may continue to review your project. Additional Information: 1. In the January 6, 2005 Request for More Information letter we requested the following information but it was not submitted. The DWQ requests that you submit cross-sectional details for road crossing # 2, this should include the size of the culvert, the length of the culvert, the velocities coming out of the culvert and the size of the dissipater. In addition, please show provision for aquatic life passage for this stream crossing. 2. The proposed impacts labeled as #1 on the plans does not appear to be necessary. The DWQ requests that you eliminate the proposed impact. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands None Carolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper MUFTI COMMUNICATION REPORT DATE JAN-13-2005 THU 13:34 NAME - DWQ-WETLANDS TEL 9197336893 REF. NAME - COMMUNICATION MODE: TX NO. FAX NAME/NUMBER 844 95718346 844 98469467 START TIME TIME MODE PAGE 01-13 13:31 01'48" ECM 3/3 01-13 13:33 00'36" ECM 3/3 TOTAL TIME : 00:02'24" TOTAL PAGES : 6 OK OK RESULTS A - WA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: Fax #: 919-733-0203 919-733-6893 Fax To: Grey Methven Sean Clark Subject: The Gardens at Town Hall Number of pages including cover sheet: 3 Notes or special instructions: Fax #: 919-571-8346 919-846-9467 Date: 1/13/05 The original will be sent in the mail. If you have questions please call Debbie Edwards at 919-733-9502. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919.733-6893 / Internet: httv://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina Naturallb, January 18, 2005 Ms. Cyndi Karoly Wetlands/401 Unit Division of Water Quality 2321 Crabtree Blvd, Suite 250 Raleigh, NC 27604 Re : The Gardens at Town Hall Commons DWQ EXP No. 04-1983 Dear Ms. Karoly : In response to your comments regarding The Gardens at Town Hall Commons we offer the following : 1. We are unable to set this culvert in order to allow for the passage of aquatic life. As illustrated on the profile of the street, the existing grade in this area is low and relatively flat. The stream channel in this area is only a few inches deep. Our proposed road grade is set at approximately the existing grade. With the street grades we have proposed, the runoff from the upstream side of the road must be piped downstream to a lower elevation before it can be released. To place a culvert in this location that would allow for the passage of aquatic life would require that the road grade in this area be raised approximately five feet. This allows for a 48 inch diameter culvert, which is necessary to pass the expected runoff from upstream properties with a foot of the culvert submerged, plus meet the requirement of 2 feet of cover over the culvert. As illustrated on the enclosed graphic, this has a devastating effect on the lots in this area. Lots 131, 132, 134, 154, 155 and 156 would all be substantially below the grade of the proposed road, leading to drainage problems, unsafe driveway connections, and substantially diminished lot values. The cost of the crossing would increase substantially, with approximately 2,500 yards of fill material being imported to provide the fill material necessary to raise this section of the road. The roadway fill on the upstream and downstream slopes of the fill would cause a total of 134 linear feet of channel impact, compared with the 85 linear feet required to accomplish the proposed design. 2. We have modified the plans to delete the proposed impact 1. Ms. Cyndi Karoly January 18, 2005 Page 2 3. The PCN has been modified by Soil and Environmental Consultants, Inc. 4. The Town of Morrisville has sent along a copy of the conditions of the subdivision approval as evidence of this requirement. A copy is attached. 5. As we attempted to explain in the previous response, this is a very difficult crossing. We have to tie to the existing street that is constructed to within seventy feet of the proposed creek crossing, and there is not a broad floodplain or over bank area in the location of the crossing. However, we have revised the plans for this crossing in accordance with your direction. We have aligned one pipe to match the upstream and downstream ends of the wetlands channel at the crossing, and increased the diameter of this culvert to 54 inches in order to help with the hydraulic capacity. The invert of the pipe is set below the existing streambed. The other culverts will be installed in the horizontal relationship to the channel culvert that is required by the NCDOT headwall construction specification, and vertically a half-foot above the invert of the larger in-channel culvert. Please do not hesitate to contact Sean Clark at S&EC, or me with any questions of comments regarding our response. Sincerely, Thomas F. Craven, PE Priest, Craven & Associates, Inc. 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I it I / I 114 i 1 1/ I 1 ? ?7J I II ?/ I j I 1 I 1 N WILLIE LEb DAVIS /1 il.ll /'I I rr f/ N: 745.0V581-3767 \ZONING, A? /r WEIL IND\ f I + 350 350 m wxuw+. 340 340 tt OMWARR b 3 of V .g,91 F GPAX 330 330 aff *wow ea W/ W ONE WOMW D,t1 0 320 320 310 310 0+00 1+0.0: 2+00 3+00 IMPACT #6 340 320 IMPACT #6 )HEEI ?5 IMPACT #2 s ow FWT i "m POW A s y3F[ uj rA ELf All K 8 ?i 1? mK LIBER ROSE D VI Swo 6+00 7w0 erm 9+m Wwo 11+0 my • 75A50 STA .11+51 A • a+1+ r- 3Z • -7So •4M ILLUSTRATION FOR RESPONSE #1 WWTY ._._ FROM TOMMY CRAVEN'S ._ 1sv CLASS 1 lw Kw WJ m W/ mom wo m 0 rlr D-W N-Ir 710 .? %0 ?•,? d4 STOW 5dt 6 1 i1I 3 ll STA.7 ERTY RO 22.82 E DRIVE ows two 7w0 r aril FA RESPONSE LETTER PRIEST,, CRAVEN & ASSOCIATES, INC. LAND USE CONSULTANTS" PLANNERS/LANDSCAPE DESIGNERS/ENGINEERS/SURVFN? LETTER vw? gRPS1C OF TRANSMITTAE t A?? P"i?F Attention: DEBBIE EDWARDS Date: January 12,44e To: D W Q Regarding: 2321 CRABTREE BLVD. THE GARDENS ST TOWN HALL COMMONS RALEIGH, NC 27699 Sending Attached By: ( )Mail ( )Fax (X )PC&A ( )Overnight ( )Pickup ( )Other ( )Specifications ( )Computer Disk (See Note) ( )Contracts (X )Plans/Prints ( )Letters ( )Other Number of Number of Project Description Copies Sets Number 1 2002-013.001 REVISED IMPACT PLAN. These Are Being Sent: (X )For Your Approval ( )For Review/Comment ( )For Your Use/Information ( )For Your Signature )As Requested By: )Other Notes: DEBBIE, PER CONVERSATION WITH CHRIS FLOWERS FROM S.E.C., PLEASE FIND ENCLOSED REVISED IMPACT MAP TO GO ALONG WITH THE LETTER THAT YOU HAD RECEIVED TODAY. PLEASE CALL IF YOU NEED ANY OTHER INFORMATION THANK YOU Note: priest, Craven & Associates, Inc. accepts no liability, expressed or implied , for the accuracy or the currentness of my information/data transmitted by computer disk to others. D D T Signature: %?i'V A U 1? U ---- -- -----•r»•-• --••- ?••••- •, •?••••••b••, a,-.1 to i 7) 1 o 1-VJVV laA k717)/oL-1 zoo M11411. rMlZ31 t-KA V(a.)AUL.UUM Alpha: Numeric: ---- -------- ?XN ---------- _ --_. _ i ! ?F i f i• January 11, 2005 Ms. Debbie Edwards / Ms. Cyndi Karoly Wetlands/401 Unit Division of Water Quality 2321 Crabtree Blvd, Suite 250 Raleigh, NC 27604 Re : The Gardens at Town Hall Commons DWQ EXP No. 04-1983 Dear Ms. Edwards / Ms. Karoly : In response to your comments regarding The Gardens at Town Hall Commons we offer the following : 1. We have revised the plans for crossin number 2 to indicate the requested details. 0 e? 1 2. We have revised the plans in this area to eliminate the impacts on lots 151, 152, 154, 155, 157 and 158. The location of the road in front of lot 133 was set in order to minimize the impact due to the road construction. However we are unable to configure the lots west of the road to eliminate the impacts upstream without losing a lot. The loss of this lot will greatly diminish the project's viability. In light of the modification to the plan to eliminate the impacts on the more significant wetlands downstream, we ask that you consider the minimal incremental impact "upstream" of the road crossing as necessary to construct lot 133. 3. The Town of Morrisville has required that this crossing be made and that while it may ostensibly be utilized as a pedestrian access, it must also provide a secondary access to the recreation center for emergency service vehicles as well as additional access to the sanitary sewer lines in is area or e Town's maintenance trucks. Therefore a less obtrusive wooden footbridge will not provide the required utility access. We have tried to keep the fill for the path at a minimum in order to minimize the wetlands impact and to avoid creating a significant hydraulic obstruction to floodwaters along the creek. Placing fewer culverts in this crossing would require that the culvert sizes be increased, raising the elevation of the path, and increasing the size of both the wetland impact and the hydraulic obstruction to the stream flows. ?v CC, V V? ?t (S r Ms. Debbie Edwards / Ms. Cyndi Karoly January 11, 2005 Page 2 V4. We have changed the impact table to present the information as you have requested. V5• We have revised the plans to remove the stormwater device from the wetlands. i.6./We have revised the plans to remove the stormwater devices from Zone 1 with the exception of the outlet pipe from the devices. We understand that a mitigation fee will be necessary for the basin to be located within Zone 2 of the buffers. 7. Actually this stormwater is not required to be treated. The impervious surface area of the project is 27.7% of the tract size, so 85% TSS removal is not required. The Town of Morrisville requires stormwater detention to pre- , development release rates for the two and ten year storms, but has no water quality component to their ordinance. Centex Homes voluntarily chose to \.,\ provide water quality treatment above and beyond the requirements. Centex Homes has nonetheless instructed us to add another extended detention wetlands in this location that will serve both water quality and water quantity functions. C 8. Our situation at crossing number 6 is very similar to the problem at the upstream pedestrian crossing. Hydraulically there is not a well defined channel at this location. There is however, a fairly significant urbanizing drainage area of approximately 102 acres draining to this point. Given the Town of Morrisville's minimum cover requirements for fill over the top of the culverts, the maximum size culvert that can fit under the roadway is 48 inches in diameter. In order to safely pass the required 100 year design storm under the roadway, four, 48 inch culverts are required. Raising the roadway to allow for a larger center culvert would only increase the length and area of the impact. We have also called for the use of headwalls at the crossing to further minimize the length of the impact. It is our firm belief that the proposed design minimizes the impacts while meeting the hydraulic requirements necessary to provide for the public safety and welfare. 9. As outlined in item 7 above water quality treatment is not required for this site. We chose to provide water quality pool storage volumes based on capturing the onsite runoff from the one inch storm. The volume was calculated using the SCS curve number methodology for each of the land use classifications within the site. The volume of runoff from each land use was then summed to produce the total. This is the same methodology that is used Ms. Debbie Edwards / Ms. Cyndi Karoly January 11, 2005 Page 3 by Dr. Bill Hunt in his instructional seminars and is in compliance with all SCS procedures. These volumes are typically lower than the volumes determined using Schueler's "Simple Method" outlined in the BMP Manual. They are however based on the most sound and established procedures available and the results have a greater confidence level than those obtained using the "Simple Method". The BMP Manual goes on to state that methods other than the "Simple Method" may be used to determine the volume of runoff. We have expanded the calculations to better illustrate how this runoff volume was determined. We are currently revising the plans and calculations to document these changes. These revisions should be complete and submitted for your review by the end of this week. Please do not hesitate to contact Sean Clark at S&EC, or me with any questions of comments regarding our response. Sincerely, Thomas F. Craven, PE Priest, Craven & Associates, Inc. Copy : Gray Methven, Centex Homes Sean Clark, Soil and Environmental Consultants imap:Hdebbie.edwards%40dwq. denr.nemail.net@cros.ncmail.net:143 /... Subject: The Gardens at Town Hall Commons From: "Chris Flowers" <cflowers@sandec.com> Date: Wed, 12 Jan 2005 11:45:28 -0500 To: <debbie.edwards@NCmail.net> CC: <priestcraven@NC.rr.com>, "'Sean Clark"' <sclark@sandec.com> Ms. Edwards, Attached is our response to your "Request for More Information concerning the permitting of The Gardens at Town Hall Commons. Chris Flowers Soil & Environmental Consultants, PA 919-846-5900 This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. 1 of 1 1/13/2005 12:44 PM January 11, 2005 Ms. Debbie Edwards / Ms. Cyndi Karoly Wetlands/401 Unit Division of Water Quality 2321 Crabtree Blvd, Suite 250 Raleigh, NC 27604 Re : The Gardens at Town Hall Commons DWQ EXP No. 04-1983 Dear Ms. Edwards / Ms. Karoly : ?o od ?j?? pp5 ?? dos In response to your comments regarding The Gardens at Town Hall Commons we offer the following : 1. We have revised the plans for crossing number 2 to indicate the requested details. 2. We have revised the plans in this area to eliminate the impacts on lots 151, 152, 154, 155, 157 and 158. The location of the road in front of lot 133 was set in order to minimize the impact due to the road construction. However we are unable to configure the lots west of the road to eliminate the impacts upstream without losing a lot. The loss of this lot will greatly diminish the project's viability. In light of the modification to the plan to eliminate the impacts on the more significant wetlands downstream, we ask that you consider the minimal incremental impact "upstream" of the road crossing as necessary to construct lot 133. 3. The Town of Morrisville has required that this crossing be made and that while it may ostensibly be utilized as a pedestrian access, it must also provide a secondary access to the recreation center for emergency service vehicles as well as additional access to the sanitary sewer lines in this area for the Town's maintenance trucks. Therefore a less obtrusive wooden footbridge will not provide the required utility access. We have tried to keep the fill for the path at a minimum in order to minimize the wetlands impact and to avoid creating a significant hydraulic obstruction to floodwaters along the creek. Placing fewer culverts in this crossing would require that the culvert sizes be increased, raising the elevation of the path, and increasing the size of both the wetland impact and the hydraulic obstruction to the stream flows. Ms. Debbie Edwards / Ms. Cyndi Karoly January 11, 2005 Page 2 4. We have changed the impact table to present the information as you have requested. 5. We have revised the plans to remove the stormwater device from the wetlands. 6. We have revised the plans to remove the stormwater devices from Zone 1 with the exception of the outlet pipe from the devices. We understand that a mitigation fee will be necessary for the basin to be located within Zone 2 of the buffers. 7. Actually this stormwater is not required to be treated. The impervious surface area of the project is 27.7% of the tract size, so 85% TSS removal is not required. The Town of Morrisville requires stormwater detention to pre- development release rates for the two and ten year storms, but has no water quality component to their ordinance. Centex Homes voluntarily chose to provide water quality treatment above and beyond the requirements. Centex Homes has nonetheless instructed us to add another extended detention wetlands in this location that will serve both water quality and water quantity functions. 8. Our situation at crossing number 6 is very similar to the problem at the upstream pedestrian crossing. Hydraulically there is not a well defined channel at this location. There is however, a fairly significant urbanizing drainage area of approximately 102 acres draining to this point. Given the Town of Morrisville's minimum cover requirements for fill over the top of the culverts, the maximum size culvert that can fit under the roadway is 48 inches in diameter. In order to safely pass the required 100 year design storm under the roadway, four, 48 inch culverts are required. Raising the roadway to allow for a larger center culvert would only increase the length and area of the impact. We have also called for the use of headwalls at the crossing to further minimize the length of the impact. It is our firm belief that the proposed design minimizes the impacts while meeting the hydraulic requirements necessary to provide for the public safety and welfare. 9. As outlined in item 7 above water quality treatment is not required for this site. We chose to provide water quality pool storage volumes based on capturing the onsite runoff from the one inch storm. The volume was calculated using the SCS curve number methodology for each of the land use classifications within the site. The volume of runoff from each land use was then summed to produce the total. This is the same methodology that is used ,r Ms. Debbie Edwards / Ms. Cyndi Karoly January 11, 2005 Page 3 by Dr. Bill Hunt in his instructional seminars and is in compliance with all SCS procedures. These volumes are typically lower than the volumes determined using Schueler's "Simple Method" outlined in the BMP Manual. They are however based on the most sound and established procedures available and the results have a greater confidence level than those obtained using the "Simple Method". The BMP Manual goes on to state that methods other than the "Simple Method" may be used to determine the volume of runoff. We have expanded the calculations to better illustrate how this runoff volume was determined. We are currently revising the plans and calculations to document these changes. These revisions should be complete and submitted for your review by the end of this week. Please do not hesitate to contact Sean Clark at S&EC, or me with any questions of comments regarding our response. Sincerely, Thomas F. Craven, PE Priest, Craven & Associates, Inc. Copy : Gray Methven, Centex Homes Sean Clark, Soil and Environmental Consultants MULTI COMMUNICATION REPORT DATE - JAN-7-2005 FRI 09:45 NAME - DWQ-WETLANDS TEL 9197336893 REF. NAME COMMUNICATION MODE : TX NO. FAX NAME/NUMBER 829 95718346 829 98469467 START TIME TIME MODE 01-07 09:43 01'05" ECM 01-07 09:44 00'39" ECM PAGE 3/3 3/3 RESULTS OK OK TOTAL TIME : 00:01'44" TOTAL PAGES : 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-0203 Fax #: 919-733-6893 Fax To: Grey Methven Fax #: 919-571-8346 Sean Clark 919-846-9467 Subject: The Gardens Date: 11'71G Number of pages including cover sheet: Notes or special instructions: The original will be sent in the mail. If you have questions please call Debbie Edwards at 919-733-9502. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Internet: http://h2o.enr.state,nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarohna Naturally WArF QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 6, 2005 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Centex Homes Attn: Grey Methven 2301 Sugar Bush Rd., Suite 400 Raleigh, NC 27612 Subject Property: The Gardens at Town Hall Commons DWQ EXP No. 04-1983 Wake County Page 1 of 2 REQUEST FOR MORE INFORMATION-EXPRESS REVIEW PROGRAM Dear Mr. Methven: On January 4, 2005, the Division of Water Quality (DWQ) received your new information for the application dated December 22, 2004 to impact 0.374 acres of wetlands, 286 feet of stream and 9,039 square feet (ft) of protected riparian buffers to construct the proposed 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 wetland, streams and/or buffers on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 2B .0233(8) and will place this project on hold as incomplete until we receive this additional information. Please provide 5 copies of the following information so that we may continue to review your project. Additional Information: 1. Please submit cross-sectional details for road crossing # 2, this should include the size of the culvert, the length of the culvert, the velocities coming out of the culvert and the size of the dissipater. In addition, please show provision for aquatic life passage for this stream crossing. 2. The proposed impacts labeled as #1 and #3 on the plans does not appear to be necessary. Please eliminate the proposed impacts or provide additional information as to why it is necessary for this project. 3. This office believes that the proposed impact labeled on the plans as #9 can be moved or reconfigured to avoid the impacts to the wetland. Please revise the plans to avoid the impacts. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919.733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands None Carolina Aatura!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Centex Homes Page 2 of 2 1/6/04 4. The impact labeled as #6 on the impact map does not match the impacts listed in the PCN, please revise the map to include impacts to scale. 5. This office believes that the proposed impact labeled on the plans as #5 can be moved or reconfigured to avoid the impacts to the wetland. Please revise the plans to avoid the impacts. 6. This office believes that the proposed impacts labeled on the plans as #7 and #8 can be moved or reconfigured to avoid the impacts to the riparian buffers. Please revise the plans to avoid the riparian buffer impacts. 7. On your impact map, there is a stormwater outlet located on the back of lots #160 and #166 that is not directed to a stormwater management facility. This stormwater is required to be treated, please revise the stormwater management plans so that this stormwater is being treated. In addition, the stormwater management facility labeled #7 has the stormwater pipe not directed into the constructed wetland, please revise your plans. 8. DWQ believes that the proposed design for road crossing #6 will result in destabilization upstream and will not meet condition #9 in Water Quality Certification #3402. Please redesign the proposed road crossing to prevent the potential for headcuts and provide aquatic life passage. 9. The volumes provided for the temporary storage in stormwater management facilities #'s 1, 2 and 4 are significantly undersized. Please recalculate and design in accordance with the NCDENR 1999 Stormwater BMP manual. Please respond within four days of the date of this letter by sending this information to me via e- mail or fax and a follow-up copy in writing. The Express Review Program is a process that requires all parties to participate in a timely manner. If the DWQ feels the Express Review Program is the incorrect review program for your project, then we may have to return your application and have it reviewed through our regular 401 Water Quality Certification Program. 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 Deborah Edwards at (919) 733-9502 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, r4l & Cyndi Karoly, Wetlands/401 Unit, DWQ. CBK/dae cc: Sean Clark-S&EC USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Filename: 041983TheGardens(Wake)EXP+ho1d2 Project Name: The Gardei W/L 1 Project No. DWQ 041983 SUBMITTED DESIGN: REQUIRED DESIGN: elevations Permanent Pool (ft) 343 3 Temporary Pool (ft) 344:5 1.5 ft. depth ok areas Permanent Pool SA (sq ft) 6294 10402 sq. ft. check surfac Drainage Area (ac) 20.49 Impervious Area (ac) 5.18 25.3 % - Forebay (ft2) 945 15.014299% ok High Marsh (ft2) 2200 35.0 % ok Low Marsh (ft2) 2204 35.0 % ok Micropool (ft2) 945 15.014299% ok 100% volumes ;-;Temporary Pool (cu ft) " 10206 20642 cu. ft. check tempo other parameters SA/DA 1:155 1.17 - Orifice Diameter (in) 1.5 0.05 cfs drawdown - Design Rainfall (in) 1 2.3 day drawdown ok Linear Interpolation of Correct SAIDA"* % Im ervious Next Lowest 20 Project Impervious 25.3 Next Highest 30 3 ft. Permanent Pool Depth SA/DA from Table 0.97 1.17 1.34 i Soil & Environmental Consult ants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (91 . f'? r (919) 846-9467 www.SandEC.com 4 2 fi si-()?? i aA3'FRH 04 January 2005 S&EC Project #6020.W1 NCDENR-DWQ Attn: Ms. Debbie Edwards 2321 Crabtree Blvd. _ Parkview Building Raleigh, NC 27,604 RE: DWQ EXP No. 04-1983 The Gardens at Town `Hall Commons MorrisvilleWake County, North Carolina -Dear Ms. Edwards: We received your fax sent the afternoon of Thursday, 23 December 2004, requesting additional information for proposed project referenced above. This letter and the accompanying information should clarify material already submitted with our original request for Express Review, and answer your request for additional information. l . You requested that we "submit a Pre-construction/Pre-existing conditions map, this sheet must be scaled and include all jurisdictional and non jurisdictional wetlands, streams, water features, state regulated buffers, topographic contours with elevations, approximate extend [sic] and nature of forest, field, landscaped or other cover. Any existing structures and impervious area must be shown. Existing roads, culverts,'and other pertinent features must be shown North arrow , and the scale must be shown." We submitted an impact map, including separate sheets at larger scales showing specific impacts. We did not include the original sign--off map in our submittal, but we included references to DWQ and USACE site meetings, action IDs, and references to specific dates that DWQ personnel had visited the-site. The attached "Existing Conditions, Plan" map shows phases 1 and 2 of The Gardens as well as "The Village" at Town Hall Commons. The infrastructure of each of these areas is completed and houses have been constructed, however all of the homes have, not yet been built. Charlotte Office: Greensboro Office: , 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704)720-9406 Fax: (336)540-8235 The area shown on-the map labeled ""Impact, Drainage, and Assumed Built-out Plan" depicts the proposed site plan at a 1:60 scale. The structures/infrastructure depicted on this plan has not begun. The area within Phase 3 is currently in various succesioinal stages of revegetation ` The upland areas are mostly mixed stands of loblolly pine, sweetgum, and red maple. The wetland areas outside of the utility easement are mostly made up of larger deciduous trees such as red maple, sweet gum, and tulip poplar. The feature being impacted by proposed impacts l -3_ was determined at the time of evaluation and the DWQ site meeting to bean abandoned farm ditch: Both maps referred to above have the scales provided and north arrows. 2. You requested we "submit a proposed impact map that identifies what the correct impacts are (wetland, streams and/or buffers). These plans must show all built- out structures and impervious cover. The plans must indicate all utilities and easements." The attached proposed impact map identifies the proposed impacts correctly (i.e. channel,,. - wetland,, and buffer). Phase 3 of the Gardens does not currently contain structures; utilities, etc so all of the impervious cover and house placements are proposed. Proposed': easements are indicated on the map as well as the existing utility easement. 3 You requested that we "submit the drainage plans, these plans should include the locations and pertinent elevations and sizes of the collection system and drainage ways. All inlets and outlets must also be shown with'pertinent elevations. Scaled stormwater BMPS must be indicated and drawn -to scale." - We included four (4) E-sized drawings in our original submittal that detailed the stormwater management.: Impact maps, combined with the detailed stormwater'plans, provided topographic and other location information. Scales, heights, calculations, and other information were included in legends and in tables on the right side of each stormwater drawing.Priest Craven (the project engineer) has provided us with additional scaled <stormwater'information and drawings that° are attached: 4. You,asked'that we "submit impact maps at alegible scale (1"=50") of the proposed' impactsincluding but not limited to the culvert's; dissipaters, fill, state regulated buffers, excavating and flooding. These impact maps should include the size of the culverts, the length of the culverts, the velocities coming out of the culverts and the size of the dissipaters." Our impact maps did not include culvert and flow rate information. We have corrected this oversight and included-the relevant information in 'an, additional set of impact maps. Our original impact maps were drawn at 1 "=40' and l"=60' scales (excluding the overall impact map). The overall map is attached at a 1:60 scale. . You requested that we "show provision for, aquatic -life passage for all wetland/stream, _ cr`ossings." The attached II x 17 sheet depicts the culvert crossing of Impact 6. 6. You requested that we "submit the complete detailed breakdown of the assumed built-out,conditions. This should include all roads, sidewalks, footprints of houses, decks, driveways and all proposed amenities to be constructed within the project property boundaries." The attached maps provide the impervious surface breakdown for each of the phases including the proposed phase. 7. You noted that, since the proposed project "lies within a 303(d)-listed (impaired) watershed, the stormwater management plan should be redesigned as extended detention wetlands, bio-retention areas and ponds followed by forested filter strips. The design specifications shall be in accordance with the DENR 1999 Stormwater BMP Manual. Please include plans, specifications, BMP worksheets, and supporting calculations." We are attaching additional BMP-related information, including separate worksheets. However, the four (4) E-sized sheets included in our original submittal depict the proposed "Extended Detention Wetlands" and the relevant number, and each sheet includes hydrologic, flow, impervious; and other calculations in'tables along the right, side of each page. Additional information for each of these areas is provided and the corresponding DWQ "worksheets are attached: 8. Finally, you asked us to "submit an operation and maintenance agreement for the stormwater management devices." An operation and maintenance agreement is attached. Please do not hesitate to contact us in the event that we have misinterpreted or misunderstood your request for additional information. Sincerely, James Dasher Sean Clark Environmental Technician Environmental Scientist Attachments: 1. Checklist from Priest Craven 2. PCN Form (revised) 3. 11 x 17 sheet showing detail of culvert placement 4. Proposed Impact Map 5. Stormwater Management Plan (4 Sheets) 6. Existing Phases map PRIEST, CRAVEN, & ASSOCIATES, INC. LAND USE CONSULTANTS December 30, 2004 Ms. Cyndi Karoly Wetlands/401 Unit, DWQ 2321 Crabtree Boulevard Raleigh, North Carolina 27699 Reference: The Gardens at Town Hall Commons Dear Cyndi, The following is our response to DWQ's review of the above-mentioned project: 1. Please find enclosed Pre-construction/Pre-existing map as requested.. 2,3, and 6. Please find enclosed map including impacts, drainage plan, and assumed built-out 4. Please find enclosed revised impact maps. 5. Please find enclosed sketch of aquatic life passage in impact maps 7. Please find enclosed BMP plans along with BMP checklists and Operation and maintenance agreement. 8. Please find enclosed plan showing operation and maintenance per Town of Morrisville. If you have any questions or require any additional information, please give me a call. Thank you in advance for your time and consideration. Sincerely, an Burud Priest, Craven, & Associates, Inc. PLANNERS / LANDSCAPE DESIGNERS / ENGINEERS / SURVEYORS 3803-B Computer Drive, Suite 104, Raleigh NC 27609, Phone: (919) 781-0300 Fax (919) 782-1288 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWPs 18 & 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Centex Homes Mailing Address: Gray Methvan 2301 Suaar Bush Rd. Suite 400 Raleigh, NC 27612 Telephone Number: 919-781-1952 Fax Number: 919-571-8346 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: Sean Clark Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919)846-5900 Fax Number: (919)846-9467 E-mail Address: SClarkpSandEC.com Page 1 of 9 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: The Gardens at Town Hall Commons 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0745.59.9192 & part of 0745.67.4649 4. Location County: Wake Nearest Town: Morrisville Subdivision name (include phase/lot number): The Gardens at Town Hall Commons Directions to site (include road numbers, landmarks, etc.): The subject property is located approximately 4,000 feet southwest of the intersection of NC Hwy 54 and McCrimmon Parkway (SR 1635). There is a small extension road connecting the site to McCrimmon Parkway. Please refer to the attached Figures 1. and 2 for the project's location on a USGS topographic quadrangle and the Wake County Soil Survey maps respectively. 5. Site coordinates, if available (UTM or Lat/Long): 035°50'2.70"N, 078°50'41.25"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 50 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Indian Branch 8. River Basin: Neuse (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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: A pipeline runs through the southern half of the site. The site is mixed residential and abandoned farmland, now forested. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The project is a single-family residential subdivision that includes impacts resulting from lot fill and a road crossing stormwater management, a sewer line crossing, and a multi-purpose path. Construction will involve standard grading and equipment. Heavy equipment typically used for such projects will be employed on this site. 11. Explain the purpose of the proposed work: The project will provide single-family residences to meet the growing demand for housing in the area. The resulting impacts are required to provide necessary utilities (i.e., roads, sanitary sewer, etc.) to the project. 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. On 11 September 2001 Mr. Charles Brown of NC DWQ determined the applicability of the Neuse Buffer Rules to jurisdictional features on the subject property (NBRRO 01-259). A feature at the northern property line starts approximately 25 feet inside the western property line and terminates approximately 50 feet west of the utility easement that is present on site. This feature becomes subject again at a point west of the utility easement and south of the proposed road crossing. The other east-flowing stream on site enters the property in the southwest property corner, and is buffered throughout its extent on site to its confluence with a UT to Indian Branch. That UT to Indian Branch flows on site within 200 feet of the southeast property corner, and is buffered throughout its extent on site. The USACE approved the wetland delineation on 8 January 2002 (USACE Action ID #200220371) after reviewing, the fieldwork conducted by S&EC. Earlier phases of the project are shown, and impacted 0.071 acres of wetland. Because this area was below 0.10 acre and the project has not been completed, notification to the USACE/NC DWQ has not previously been submitted to S&EC's knowledge. 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. The applicant does not anticipate request additional permits related to construction on this project. 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. The applicant must also Page 3 of 9 provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Proposed impacts resulting from lot fill include 109 feet of intermittent stream (Impact 1) and 0.118 acres of wetland (Impact 3). Proposed impacts from excavation include 0.112 acres of temporary wetland impacts (Impact 4) 0.089 acres of permanent wetland impact (Impact 5) and 110 feet of perennial stream impacts (Impact 6). Proposed impacts from eenway crossings include 0.054 acres (Impact 9) and 67 feet of intermittent stream impacts (Impact 2) In addition proposed impacts to Zone 1 of the Neuse Buffer total 4,596 square feet and proposed impacts to Zone 2 of the Neuse Buffer total 3,903 square feet Proposed impacts total 176 linear feet of intermittent stream channel, 110 linear feet of perennial stream channel 0.374 acres of wetland, and 9,039 square feet of riparian buffer. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 3 (NWP 39) Fill 0.11804 No Headwater forested 4 (NWP 39) Temporary 0.11221 No Headwater forested 5 (NWP 18) Fill/flooding 0.08988 No Headwater forested 9 (NWP 39) Fill 0.05409 No Headwater forested * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.g . *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: +/-3.5 Total area of wetland impact proposed: 0.37422; (0.071 acre previously impacted; =0.44522 total). This includes 0.08988 acres requested under NWP 18, and does not exceed the total acreage permitted under NWP 39. Page 4 of 9 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Fill 109 UT to Indian Creek 2' Intermittent 2 Road crossing 67 UT to Indian Creek 2' Intermittent 6 Road crossing 110 UT to Indian Creek 2' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mWguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 286 LF (1 IOLF perennial) 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on map) (acres) bay, ocean, etc.) NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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 Page 5 of 9 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant has taken several steps to minimize impacts where they are unavoidable. Road crossings have been re-engineered; others have been eliminated, and cul-de-sacs created in their place in order to avoid crossing additional jurisdictional features present on the site. The main road crossing (Impact 6) was shifted "upstream" so as to avoid the buffered area and to use an existing crossing within the utility easement. 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 March 9, 2000, 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 NCWRP 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/stnngide.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. Impact 6 is a road crossing of a perennial stream that is within the utility line easement on the property. Impacts in this area were minimized by utilizing an old crossing within the access and by crossing upstream of where the channel becomes buffered. Although this channel contains water most of the year it has been greatly impacted by the easement and therefore is not considered "important/mitigatable". For this reason we do not believe that stream mitigation should be required. All buffer impacts proposed are considered Page 6 of 9 "allowable" or "exempt" and therefore no buffer mitigation is proposed. If the USACE requires wetland mitigation, the applicant proposes payment to the NC EEP. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 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. Page 7 of 9 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or. other (please identify, )? Yes ® No ? If you answered "yes", provide the following information: 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 4,596 3 13,788 2 4,443 1.5 6,665 Total 20,453** * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. ** All proposed activities resulting in impacts to the riparian buffers are considered "Allowable" or "Exempt" by the buffer rules. XI. XII. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. All proposed activities resulting in impacts to the riparian buffers are considered "Allowable" or "Exempt" by the buffer rules. Stormwater (required by DWQ) Describe impervious acreage (both 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. Impervious surface area on site equals 27.71% (i.e., less than 30%). For this reason, an NC DWQ-approved stormwater plan is not required. Proposed stormwater devices are however, shown on the attached stormwater management plan (4 sheets) and impact maps (5 sheets). 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 will be handled in accordance with standard best management practices pertaining to construction of this type. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Page 8 of 9 Is this an after-the-fact permit application? Yes ? No XIV. 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). s Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 NKF I LL BOTTOM -- -.----- - --...... ------------ -- -- .__._ _ -- ------- ------ ----------------- _. _ ----------- 350 -- ------._. ---- -- ------------ - -------___ _ _ ? _.. __ . _ ? _- -- ---- _ . _ ---------- ------------ _._ _ -- -- . _ ------- ------------ ___ _ ___ __ . ____ 350 m ? r r r r - - 340 HANDRAIL HANDRAIL 340 aITY DI SSIPi TOR PAD ----- ----_-._..._... - L ---- ------- 32, a --- --------- ---..... ------- - ---- (4) RLP 5 D •13 V o-9,AI F/5 - 330 GRADE 330 - -- ----- -- - 2 LF - GLASS .....--------fHL-E'f I RIP-RAP rRENf£FIflN-.. ---_,_--/- TEXTILE U IN92_------._ - - - -- D?-I - - -- - - --- - --- -------- D -22' ------ ------ 320 320 , 3 I 0 - --- ---- -------- 310 0+00 1+0 0 2+ 00 3+ 00 DWQ Project No. 0 4 - 19b 3 DIVISION OF WATER QUALITY • 401 EXTENDED DETENTION (and POCKET*) WETLAND WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name : X20 t?? ^-r H'4t'L r.?• V"V S Contact Person: N ?-0 Phone Number: ($J 7A1- 0300 For projects with multiple basins, specify which basin this worksheet applies to: Permanent Pool Elevation .33(,.o ft. (elevation of the orifice invert out) Temporary Pool Elevation x$7.70 ft. (elevation of the outlet structure invert in) Permanent Pool Surface Area 5150 sq. ft. (water surface area at permanent pool elevation) Drainage Area /to, 7 0 ac. (on-site and off-site drainage to the basin) Impervious Area 2.70 ac. (on-site and off-site drainage to the basin) Forebay Surface Area /a sq. ft. (at permanent pool elevation approximately 15%)* Marsh 0"-9" Surface Area 1950 5 sq. ft. (at permanent pool elevation approximately 35%)* Marsh 9"-18" Surface Area sq. ft. (at permanent pool elevation approximately 35%)* Micro Pool Surface Area 76 Q sq. ft. (at permanent pool elevation approximately 15%)* Temporary Pool Volume 2 9 7 cu. ft. (volume detained on top of the permanent pool) SAIDA used l• / Jt 5 (surface area to drainage area ratio)* Diameter of Orifice f, 40 in. (draw down orifice diameter) II. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project lpv-x> The temporary pool controls runoff from the 1 inch rain. The basin side slopes are no steeper than 3:1. A planting plan for the marsh areas with plant species and densities is provided. Vegetation above the permanent pool elevation is specified. An emergency drain is provided to drain the basin. The temporary pool draws down in 2 to 5 days. Sediment storage is provided in the permanent pool. hTTIS A sediment disposal area is provided. To QV?4AW 0AO,-- Access is provided for maintenance. A site specific, signed and notarized operation and maintenance agreement is provided. The drainage area (including any offsite area) is delineated on a site plan. Access is provided for maintenance. Plan details for the wetland are provided. Plan details for the inlet and outlet are provided. A site specific operation and maintenance agreement, signed and notarized by the responsible party is provided (see http://h2o.ehnr.state.nc.us/ncwetlands/oandm.doc). * Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS - See pp. 19 and 20 of the NC DENR Stormwater BMP Manual, April 1999. 10% open water, 50% high marsh, 40% low marsh. WETLAND DETENTION BASIN # 2 OPERATION AND MAINTENANCE AGREEMENT THE GARDENS AT TOWNHALL COMMONS The wetland detention basin system is defined as the Wetland Detention Basin #2, pretreatment including forebays. Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wetland detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet wetland detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wetland detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 334.5 feet in the main pond, the sediment shall be removed. [For stormwater wetlands: If the elevation of the marsh areas exceed the permanent pool elevation, the sediment should be removed to design levels. This shall be performed by removing the upper 6 inches of soil and stockpiling it. Then the marsh area shall be excavated six inches below design elevations. Afterwards the stockpiled soil should be spread over the marsh surface. The soil should not be stockpiled for more than two weeks.] When the permanent pool depth reads 333.75 feet in the forebay [and micro-pool], the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 336.0 Sediment moval E1.333.75 ? 75% 75% &--_---------------------------------------------------- Sediment Removal Elevation334.5 Bottom vation 333.0 25% : FOREBAY MAIN POND Page 1 of 2 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. [For wetlands: Wetland planting densities in the marsh areas should be maintained by replanting bare areas as needed. Wetland plants should be encouraged to grow in the marsh areas.] 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet [wetland] detention basin system shall be maintained in good working order. 8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All accumulated sediment and debris shall be removed from the structure, and a level elevation shall be maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or replanted as necessary. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Gray Methven Title: Land Development Manager. Address Phone: 9 Signature: Date: 12/30/04 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of rf? l"D?i?C.? Coun y of /c-- , do hereby certify that C /^ personally appeared before me this, 3D day of s lC Cd , and acknowledge the due execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and official seal, °s^i? ~~' NOTARY PUBUC WAKE 0OUNTY 4 STATE OF NORTH GIROUNA ?•?a „-„?• M MARYANNWEAVER Y APPOINTMENT ONO =.25,MU SEAL My commission expires C20,7z 2-5 .? d!> J Page 2 of 2 2301 Sugar Bush Road Suite 400 Raleigh, NC 27612 DWQ Project No. () ? _- / 9 a 3 DIVISION OF WATER QUALITY • 401 EXTENDED DETENTION (and POCKET*) WETLAND WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name : Qfl Eti ^-r 44c k, w%v vv s Contact Person: ,? -D Phone Number: 1 ?IQ) 7131- d31 For projects with multiple basins, specify which basin this worksheet applies to: ok '. Permanent Pool Elevation 3 35. O ft. (elevation of the orifice invert out) Temporary Pool Elevation ft. (elevation of the outlet structure invert in) Permanent Pool Surface Area Drainage Area Impervious Area Forebay Surface Area Marsh 0"-9" Surface Area Marsh 9"-18" Surface Area Micro Pool Surface Area Temporary Pool Volume Z S, (o 0 sq. ft. 4. to $ ac. 1. tot ac. 3 8 On sq. ft. 59 L sq. ft. Vol sq. ft. S7(6 sq. ft. 3 \ cu. ft. (water surface area at permanent pool elevation) (on-site and off-site drainage to the basin) (on-site and off-site drainage to the basin) (at permanent pool elevation approximately 15%)* (at permanent pool elevation approximately 35%)* (at permanent pool elevation approximately 35%)* (at permanent pool elevation approximately 15%)* SAIDA used 1. Z. (o (*D Diameter of Orifice 6, 2 7:5 L in. II. REQUIRED ITEMS CHECKLIST (volume detained on top of the permanent pool) (surface area to drainage area ratio)* (draw down orifice diameter) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project The temporary pool controls runoff from the 1 inch rain. n7z6 The basin side slopes are no steeper than 3:1. A planting plan for the marsh areas with plant species and densities is provided. Vegetation above the permanent pool elevation is specified. An emergency drain is provided to drain the basin. The temporary pool draws down in 2 to 5 days. Sediment storage is provided in the permanent pool. A sediment disposal area is provided. -'T'? p$?T? Access is provided for maintenance. A site specific, signed and notarized operation and maintenance agreement is provided. The drainage area (including any offsite area) is delineated on a site plan. Access is provided for maintenance. Plan details for the wetland are provided. Plan details for the inlet and outlet are provided. A site specific operation and maintenance agreement, signed and notarized by the responsible party is provided (see http://h2o.ehnr.state.nc.us/ncwetlands/oandm.doc). * Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS - See pp. 19 and 20 of the NC DENR Stormwater BMP Manual, April 1999. 10% open water, 50% high marsh, 40% low marsh. WETLAND DETENTION BASIN # 3 OPERATION AND MAINTENANCE AGREEMENT THE GARDENS AT TOWNHALL COMMONS The wetland detention basin system is defined as the Wetland Detention Basin #3, pretreatment including forebays. Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wetland detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet wetland detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wetland detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 334.5 feet in the main pond, the sediment shall be removed. [For stormwater wetlands: If the elevation of the marsh areas exceed the permanent pool elevation, the sediment should be removed to design levels. This shall be performed by removing the upper 6 inches of soil and stockpiling it. Then the marsh area shall be excavated six inches below design elevations. Afterwards the stockpiled soil should be spread over the marsh surface. The soil should not be stockpiled for more than two weeks.] When the permanent pool depth reads 333.50 feet in the forebay [and micro-pool], the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 335.0 Sediment moval E1.333.50 - 75% ---------------- -----Sediment Removal Elevation- 333.5 75% Bottom E vation 333.0 251/o - - - - - ----""----. "-"--- FOREBAY MAIN POND Page 1 of 2 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. [For wetlands: Wetland planting densities in the marsh areas should be maintained by replanting bare areas as needed. Wetland plants should be encouraged to grow in the marsh areas.] 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet [wetland] detention basin system shall be maintained in good working order. 8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All accumulated sediment and debris shall be removed from the structure, and a level elevation shall be maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or replanted as necessary. acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Gray Methven Title Land Development Manager, Address: 2301 Sugar Bush Road Suite 400 Raleigh, NC 27612 Phone: 9 Signature: uate: 11/3=4 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, L•C? PZh , a Notary Public for the State o? LUG/i?X?; Coun oft/ do hereby certify that personally appeared before me this,3D day of CG and acknowledge the due execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and official seal, NOTAROM AKECOL TY STATE OF NORTH CAROM y; - s W MARYANNWEAVER APPOINTMENT EI SOCT.25,2007 SEAL My commission expires e<,2 e.7-1 Page 2 of 2 DWQ Project No. Q q'9 3 DIVISION OF WATER QUALITY • 401 EXTENDED DETENTION (and POCKET*) WETLAND WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name : X20 tN ^-r wwxz M,4(,L Contact Person: N V.0 Phone Number. (51? 1 7 1- d 3 For projects with multiple basins, specify which basin this worksheet applies to: ?. Permanent Pool Elevation 42.0 ft. (elevation of the orifice invert out) Temporary Pool Elevation 4I 5- .5 ft. (elevation of the outlet structure invert in) Permanent Pool Surface Area Drainage Area Impervious Area Forebay Surface Area Marsh 0"-9" Surface Area Marsh 9"-18" Surface Area Micro Pool Surface Area z% 3!5 sq. ft. _5.46 ac. ac. 343 sq. ft. 266 sq. ft. sq. ft. 34-1 _ sq. ft. (water surface area at permanent pool elevation) (on-site and off-site drainage to the basin) (on-site and off-site drainage to the basin) (at permanent pool elevation approximately 15%)* (at permanent pool elevation approximately 35%)* (at permanent pool elevation approximately 35%)* (at permanent pool elevation approximately 15%)* Temporary Pool Volume 3 G 32 cu. ft. SAIDA used 1.303 Diameter of Orifice 0.7.6 in. II. REQUIRED ITEMS CHECKLIST (volume detained on top of the permanent pool) (surface area to drainage area ratio)* (draw down orifice diameter) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project The temporary pool controls runoff from the 1 inch rain. The basin side slopes are no steeper than 3:1. A planting plan for the marsh areas with plant species and densities is provided. Vegetation above the permanent pool elevation is specified. DrO An emergency drain is provided to drain the basin. The temporary pool draws down in 2 to 5 days. Sediment storage is provided in the permanent pool. LTD A sediment disposal area is provided. -TO '8C TAOCI C%,O O bi i Access is provided for maintenance. A site specific, signed and notarized operation and maintenance agreement is provided. The drainage area (including any offsite area) is delineated on a site plan. Access is provided for maintenance. OCY5 Plan details for the wetland are provided. Plan details for the inlet and outlet are provided. A site specific operation and maintenance agreement, signed and notarized by the responsible party is provided (see http://h2o.ehnr.state.nc.us/ncwetlands/oandm.doc). * Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS - See pp. 19 and 20 of the NC DENR Stormwater BMP Manual, April 1999. 10% open water, 50% high marsh, 40% low marsh. WETLAND DETENTION BASIN # 4 OPERATION AND MAINTENANCE AGREEMENT THE GARDENS AT TOWNHALL COMMONS The wetland detention basin system is defined as the Wetland Detention Basin #4, pretreatment including forebays. Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wetland detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet wetland detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wetland detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 340.25 feet in the main pond, the sediment shall be removed. [For stormwater wetlands: If the elevation of the marsh areas exceed the permanent pool elevation, the sediment should be removed to design levels. This shall be performed by removing the upper 6 inches of soil and stockpiling it. Then the marsh area shall be excavated six inches below design elevations. Afterwards the stockpiled soil should be spread over the marsh surface. The soil should not be stockpiled for more than two weeks.] When the permanent pool depth reads 339.75 feet in the forebay [and micro-pool], the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 342.0 Sediment moval E1.339.75 ? 75% ------------.75 -------------------------------------------__A Sediment Removal Elevation340.25 75% Bottom E vation 339.0 25% ----- FOREBAY MAIN POND Page 1 of 2 Y r r 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. [For wetlands: Wetland planting densities in the marsh areas should be maintained by replanting bare areas as needed. Wetland plants should be encouraged to grow in the marsh areas.] 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet [wetland] detention basin system shall be maintained in good working order. 8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All accumulated sediment and debris shall be removed from the structure, and a level elevation shall be maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or replanted as necessary. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Gray Methven Title: Land Development Manager. Address: 2301 Sugar Bush Road Suite 400 Raleigh, NC 27612 Phone: 919-781- Signature: Date: 12/30/04 ` V Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I l--44 , a Notary Public for the State of !l`Z?t ?Qrd/jr.- Coun y o ?; )Q do hereby certify that personally appeared before me this, ?? day of S and acknowledge the due execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and official seal, NO UNTY CAROUNA EAVER IRES OCT.25.2007 poop NAI SEAL My commission expires OC'_7` 7Z Page 2 of 2 DWQ Project No. 0 4 " 116 3 DIVISION OF WATER QUALITY • 401 EXTENDED DETENTION (and POCKET*) WETLAND WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name : ?2fl tN ?T 44(-L - e- vlv S Contact Person: n ?O Phone Number: (5Iq ) 71;1 - 031 For projects with multiple basins, specify which basin this worksheet applies to: !q-. Permanent Pool Elevation _ 6r2_. O ft. (elevation of the orifice invert out) Temporary Pool Elevation 3-orb. ft. (elevation of the outlet structure invert in) Permanent Pool Surface Area -1135 sq. ft. Drainage Area Impervious Area Forebay Surface Area Marsh 0"-9" Surface Area Marsh 9"-18" Surface Area Micro Pool Surface Area Temporary Pool Volume • 6 ac. /, S ac. *5 sq. ft. 21, .6 sq. ft. 6, Pi + sq. ft. 4._ sq. ft. 3 6 32 cu. ft. SAIDA used 1- 303 Diameter of Orifice o. 7 5 in. II. REQUIRED ITEMS CHECKLIST (water surface area at permanent pool elevation) (on-site and off-site drainage to the basin) (on-site and off-site drainage to the basin) (at permanent pool elevation approximately 15%)* (at permanent pool elevation approximately 35%)* (at permanent pool elevation approximately 35%)* (at permanent pool elevation approximately 15%)* (volume detained on top of the permanent pool) (surface area to drainage area ratio)* (draw down orifice diameter) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project x'73 The temporary pool controls runoff from the 1 inch rain. 05-6 The basin side slopes are no steeper than 3:1. ilf A planting plan for the marsh areas with plant species and densities is provided. Vegetation above the permanent pool elevation is specified. An emergency drain is provided to drain the basin. The temporary pool draws down in 2 to 5 days. Sediment storage is provided in the permanent pool. v?kCO O PM A sediment disposal area is provided. To $? r/L LT -73 i Qn3 Access is provided for maintenance. A site specific, signed and notarized operation and maintenance agreement is provided. The drainage area (including any offsite area) is delineated on a site plan. Access is provided for maintenance. OCY5 Plan details for the wetland are provided. Plan details for the inlet and outlet are provided. A site specific operation and maintenance agreement, signed and notarized by the responsible parry is provided (see hftp://h2o.ehnr.state.nc.us/ncwetlands/oandm.doc). * Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS - See pp. 19 and 20 of the NC DENR Stormwater BMP Manual, April 1999. 10% open water, 50% high marsh, 40% low marsh. WETLAND DETENTION BASIN # 4 OPERATION AND MAINTENANCE AGREEMENT THE GARDENS AT TOWNHALL COMMONS The wetland detention basin system is defined as the Wetland Detention Basin #4, pretreatment including forebays. Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wetland detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet wetland detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wetland detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 340.25 feet in the main pond, the sediment shall be removed. [For stormwater wetlands: If the elevation of the marsh areas exceed the permanent pool elevation, the sediment should be removed to design levels. This shall be performed by removing the upper 6 inches of soil and stockpiling it. Then the marsh area shall be excavated six inches below design elevations. Afterwards the stockpiled soil should be spread over the marsh surface. The soil should not be stockpiled for more than two weeks.] When the permanent pool depth reads 339.75 feet in the forebay [and micro-pool], the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 342.0 Sediment moval E1.339.75 ? 75% ---------------- ----Sediment Removal Elevation 340.25 75% Bottom E vation 339.0 4 25% - - - - ----------- i ------ FOREBAY MAIN POND Page 1 of 2 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. [For wetlands: Wetland planting densities in the marsh areas should be maintained by replanting bare areas as needed. Wetland plants should be encouraged to grow in the marsh areas.] 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet [wetland] detention basin system shall be maintained in good working order. 8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All accumulated sediment and debris shall be removed from the structure, and a level elevation shall be maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or replanted as necessary. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Gray Methven Title Address: 2301 Sugar Bush Road Suite 400 Raleigh, NC 27612 Phone: 919-781-1952 Signature: Date: 12/30/04 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1 I "A-WA , a Notary Public for the State of ???G County o L.?' Q- w , do hereby certify that personally appeared before me thigday of S , ?240Z,, and acknowledge the due execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and official seal, aswta NOTARY PIbLIC WAKEE COUNTY STATE OF NORTH CARMA MANN WEAVER WAPP NTMENTEItPIUE =.25,2007 SEAL My commission expires OL'_?1 ?GY>7Z Land Development Manager. Page 2 of 2 '.40 r o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 23, 2004 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Centex Homes Attn: Grey Methven 2301 Sugar Bush Rd., Suite 400 Raleigh, NC 27612 Subject Property: The Gardens at Town Hall Commons DWQ EXP No. 04-1983 Wake County Page 1 of 2 REQUEST FOR MORE INFORMATION-EXPRESS REVIEW PROGRAM Dear Mr. Methven: On December 22, 2004, the Division of Water Quality (DWQ) received your application dated December 22, 2004 to impact 0.374 acres of wetlands, 286 feet of stream and 9,039 square feet (ft2) of protected riparian buffers to construct the proposed 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 wetland, streams and/or buffers on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 211.0506 and 2B .0233(8) and will place this project on hold as incomplete until we receive this additional information. Please provide 5 copies of the following information so that we may continue to review your project. Additional Information: Please submit a Pre-construction/Pre-existing conditions map, this sheet must be scaled and include all jurisdictional and non jurisdictional wetlands, streams, water features, state regulated buffers, topographic contours with elevations, approximate extend and nature of forest, field, landscaped or other cover. Any existing structures and impervious area must be shown. Existing roads, culverts, and other pertinent features must be shown. North arrow and the scale must be shown. 2. Please submit a proposed impact map that identifies what the correct impacts are (wetland, streams and/or buffers). These plans must show all built-out structures and impervious cover. The plans must indicate all utilities and easements. Please submit the drainage plans, these plans should include the locations and pertinent elevations and sizes of the collection system and drainage ways. All inlets and outlets must 401 Wetlands Certification Unit d ? atura??? 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/newetlands An Eoual Opportunity/Affirmative Action Employer - 50% Recycled/10%a Post Consumer Paper Centex Homes Page 2 of 2 12/23/04 also be shown with pertinent elevations. Scaled stormwater BMP's must be indicated and drawn to scale. 4. Please submit impact maps at a legible scale (1"=50") of the proposed impacts including but not limited to the culverts, dissipaters, fill, state regulated buffers, excavating and flooding. These impact maps should include the size of the culverts, the length of the culverts, the velocities coming out of the culverts and the size of the dissipaters. 5. Please show provision for aquatic life passage for all wetland/stream crossings. 6. Please submit the complete detailed breakdown of the assumed built-out conditions. This should included all roads, sidewalks, footprints of houses, decks, driveways and all proposed amenities to be constructed within the project property boundaries. 7. Since the project lies within a 303(d)-listed (impaired) watershed, the stormwater management plan should be redesigned as extended detention wetlands, bio-retention areas and ponds followed by forested filter strips. The design specifications shall be in accordance with the DENR 1999 Stormwater BMP Manual. Please include plans, specifications, BMP worksheets, and supporting calculations. Information can be obtained from http://h2o.enr.state.nc.us/ncwetlands/Mitresto.htrnl. 8. Please submit an operation and maintenance agreement for the stormwater management devices. Please respond within four days of the date of this letter by sending this information to me via e- mail or fax and a follow-up copy in writing. The Express Review Program is a process that requires all parties to participate in a timely manner. If the DWQ feels the Express Review Program is the incorrect review program for your project, then we may have to return your application and have it reviewed through our regular 401 Water Quality Certification Program. 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 Deborah Edwards at (919) 733-9502 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, C' di Karoly, Wetlands/401 Unit, DWQ. CBK/dae cc: Sean Clark-S&EC USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Filename: 041983 TheGardens(Wake)EXP+ho1d Soil & Epvironmental Consultants, PA 11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467 www.SandEC.com DEC 2 2 2004 EXP p4-1983 US army Corps of Engineers Attn: Ms. Jennifer Burdette 6508 Falls of the Neuse Rd. Ste. 120 Raleigh, NC 27615 22 December 2004 oENR -WATER ouALI*&EC Project #6020.W 1 WETLANDS AND sTORMWATER BRANCH NCDENR-DWQ Attn: Ms. Debbie Edwards 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Nationwide Permit 39, 401-Water Quality Certification and Buffer Compliance The Gardens at Town Hall Commons Morrisville, Wake County, North Carolina Dear Ms. Burdette and Ms. Edwards: On behalf of Centex Homes, Inc., we hereby request authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permit (NWP) 39 for proposed permanent impacts to an intermittent stream and jurisdictional wetlands resulting from the construction of a single-family residential. subdivision. Written concurrence is requested from the North Carolina Division of Water Quality that states that the project complies with the Neuse Buffer Rules and GC3374. A Pre-construction Notification Application (PCN) is attached, which includes an Agent Authorization Form. Site Location The site is approximately 50 acres in size. The subject property is located approximately 4,000 feet southwest of the intersection of NC Hwy 54 and McCrimmon Parkway (SR 1635). There is a small extension road connecting the site to McCrimmon Parkway. Please refer to the attached Figures 1 and 2 for the project's location on a USGS topographic quadrangle and the Wake County Soil Survey maps, respectively. Project Description The project is a single-family residential subdivision includes impacts resulting from lot fill and a road crossing, and proposed impacts to jurisdictional wetlands resulting from lot fill, stormwater management, a sewer line crossing, and a multi-purpose path; proposed impacts to a perennial stream resulting from a road crossing; and buffer impacts resulting from stormwater management construction. Proposed impacts are described in the Crn-) rrI Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 attached PCN and detailed on the attached Wetland Impact Maps. Proposed impacts resulting from lot fill include 109 feet of intermittent stream (Impact 1) and 0.118 acres of wetland (Impact 3).- Proposed impacts from excavation,, include 0.112 acres of temporary wetland impacts (Impact 4), 0.089 acres of permanent wetland impact (Impact 5), and 110 feet of perennial stream impacts (Impact 6). Proposed impacts resulting from a greenway path include 0.054 acres (Impact 9) and 67 feet of intermittent stream impacts (Impact 2). In addition, proposed impacts to Zone 1 of the Neuse Buffer total 4,596 square feet, and proposed impacts to Zone 2 of the Neuse Buffer total 3,903 square feet. Proposed impacts total 286 linear feet of intermittent stream channel, 0.374 acres of wetland, and 9,039 square feet of riparian buffer. Previous impacts on the project total 0.07 acres of wetland due to fill and no impacts to streams or buffers. Impervious surface area on site equals 27.71% (i.e., less than 30%). For this reason, an NC DWQ-approved stormwater plan is not required. Proposed stormwater devices are, , however, shown on the attached stormwater management plan (4 sheets) and impact maps (5 .sheets). All impacts resulting from the installation of extended detention wetlands were necessary to provide stormwater control for the property. Mitigation Impact 6 proposes a road crossing over perennial stream -that is within the utility line easement. The location of this road crossing was chosen because it avoids the riparian buffers and crosses at a point that has been used as a crossing for the utility line maintenance. Although this drainage is probably perennial (i.e. contains water most of the year), it has been heavily impacted by the utility easement and is therefore not "important/mitigatable." For this reason no stream mitigation should be required by the USACE. Because impacts to perennial streams total less than 150 linear feet for the project no stream mitigation will be required by the NC-DWQ. All buffer impacts proposed are considered "allowable" or "exempt" and therefore no buffer mitigation is proposed. If the USACE requires wetland mitigation, the applicant proposes payment to the NC EEP. Sincerely, Sean Clark Environmental Scientist Attachments: 1. PCN Form 2. Agent Authorization 3. Figure 17USGS Map 4. Figure 2 - Soil Survey Map 5. Site Plan 6. Impact Maps (5 Sheets) 7. Stormwater Management Plan (4 Sheets) Office Use Only: o / sion May 2002 VOW EAP ; 0 4 -1409 j USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "loot Applicable" or °N/A'.) 1. 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Centex Homes Mailing Address: Gray Methvan 2301 Sugar Bush Rd. Suite 400 Raleigh NC 27612 Telephone Number: 919-781-1952 Fax Number: 919-571-8346 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: Sean Clark Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: (919)846-5900 Fax Number: (919)846-9467 E-mail Address: SCiark@SandEC.com Pagel of 9 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: The Gardens at Town Hall Commons 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0745.59.9192 & part of 0745.67 4649 4. Location County: Wake Nearest Town: Morrisville Subdivision name (include phase/lot number): The Gardens at Town Hall Commons Directions to site (include road numbers, landmarks, etc.): The subject property is located approximately 4,000 feet southwest of the intersection of NC Hwy 54 and McCrimmon Parkway (SR 1635). There is a small extension road connecting the site to Mcrimmon Parkway. Please refer to the attached Figures 1 and 2 for the project's location on a USGS topographic quadrangle and the Wake County Soil Survey mans res ectively 5. Site coordinates; if available (UTM or Lat/Long): 035°50'2.70"N. 078°50'41 25"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 50 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Indian Branch 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hiip://h2o.enr.state.nc.us/admin/ma- s/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: A pipeline runs through the southern half of the site The site is mixed residential and abandoned farmland now forested. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The project is a single-family residential subdivision that includes impacts resulting from lot fill and a road crossing stormwater management, a sewer line crossing, and a multi-purpose path Construction will involve standard grading and equipment. Heavy equipment typically used for such projects will be employed on this site. 11. Explain the purpose of the proposed work: The project will provide single-family residences to meet the growing demand for housing; in the area. The resulting impacts are required to provide necesspa utilities (i.e., roads sanitary sewer, etc.) to the project. 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. On 11 September 2001, Mr. Charles Brown of NC DWQ determined the applicability of the Neuse Buffer Rules to jurisdictional features on the subject property (NBRRO 01-259). A feature at the northern property line starts approximately 25 feet inside the western property line and terminates approximately 50 feet west of the utility easement that is present on site. This feature becomes subject again at a point west of the utility easement and south of the proposed road crossing. The other east-flowing stream on site enters the property in the southwest property corner, and is buffered throughout its extent on site to its confluence with a UT to y Indian Branch That UT to Indian Branch flows on site within 200 feet of the southeast p=ert corner, and is buffered throughout its extent on site. The USACE approved the wetland delineation on 8 January 2002 (USACE Action ID #200220371) after reviewing the fieldwork conducted by S&EC Earlier phases of the project are shown and impacted 0.071 acres of wetland Because this area was below 0.10 acre and the project has not been completed, notification to the USACE/NC DWQ has not previously been submitted to S&EC's knowledge. 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. The applicant does not anticipate request additional permits related to construction on this project - 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. The applicant must also Page 3 of 9 provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Proposed impacts resulting from lot fill include 109 feet of intermittent stream (Impact 1) and 0 118 acres of wetland (Impact 3). Proposed impacts from excavation include 0 112 acres of temporary wetland impacts (Impact 4) 0.089 acres of permanent wetland impact (IM pact 5) and 110 feet of perennial stream im acts (Impact 6 Proposed impacts from eenway crossings include 0.054 acres (Impact 9) and 67 feet of intermittent stream impacts (Im an ct 2) In addition proposed impacts to Zone 1 of the Neuse Buffer total 4,596 square feet and proposed impacts to Zone 2 of the Neuse Buffer total 3,903 square feet Proposed impacts total 176 linear feet of intermittent stream channel 110 linear feet of perennial stream channel 0.374 acres of wetland, and 9,039 square feet of riparian buffer. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** 3 Fill 0.11804 No Headwater forested 4 Temporary 0.11221 No Headwater forested 5 Fill/floodingL 0.08988 No Headwater forested 9 * Fill 0.05409 No Headwater forested List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at h-p://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: +/-3.5 Total area of wetland impact proposed: 0.37422, (0.071 acre previously impacted-, =0.44522 total). Page 4 of 9 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) 1 Fill 109 UT to Indian Creek 2' Intermittent 2 Road crossing 67 UT to Indian Creek 2' Intermittent 6 Road crossing 110 UT to Indian Creek 2' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mgpguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 286 LF (110LF perennial) 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, cean, etc. NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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 Page 5 of 9 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant has taken several steps to minimize impacts where they are unavoidable Road crossings have been re-engineered, others have been eliminated, and cul-de-sacs created in their place in order to avoid crossing additional jurisdictional features present on the site The main road crossing (Impact 6) was shifted "upstream" so as to avoid the buffered area and to use an existing crossing within the utility easement 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 March 9, 2000, 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 NCWRP 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 hLtp://h2o.enr.state.nc.us/ncwetlands/stringide.htrnl. 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. Impact 6 is a road crossing of a perennial stream that is within the utility line easement on the property. Impacts in this area were minimized by utilizing an old crossing within the access and by crossing upstream of where the channel becomes buffered Although this channel contains water most of the year it has been greatly impacted by the easement and therefore is not considered "important/mitigatable". For this reason we do not believe that stream mitigation should be required All buffer impacts proposed are considered Page 6 of 9 "allowable" or "exempt" and therefore no buffer mitigation is proposed. If the USACE requires wetland mitigation the applicant proposes payment to the NC EEP. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at hqp://h2o.enr.state.nc.us/wip/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 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. Page 7 of 9 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify, )? Yes ® No ? If you answered "yes", provide the following information: 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. Zone* Impact (square feet Multiplier Required Mitigation 1 4,596 3 13,788 2 4,443 1.5 6,665 Total 20,453** Lone t extends out 3u teet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. ** All proposed activities resulting in impacts to the riparian buffers are considered "Allowable" or "Exempt" by the buffer rules. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or. 0260. All proposed activities resulting in impacts to the riparian buffers are considered "Allowable" or "Exempt" by the buffer rules. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Impervious surface area on site equals 27.71% (i.e., less than 30%) For this reason an NC DWQ-approved stormwater plan is not required Proposed stormwater devices are however, shown on the attached stormwater management plan (4 sheets) and impact maps (5 sheets) XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will be handled in accordance with standard best management practices pertaining to construction of this We. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Page 8 of 9 Is this an after-the-fact permit application? Yes ? No XIV. 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). NA .- L,.- z 2, zoc y Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 12/09/04 09:25 FAX 9195500978 Centex Homes `j""'' j)ec_ 08 2004 7; 53PH White Ventures LLC 919-6451724 P.2 1[/UV/04 10:28 FAX 9195300978 Centex Homes em 12/o6ti/$oa4 15:85 PAS, alit 8E En QTR j?? Consult wcp'??'? ttotow?+•ea Nom= .t ?'taww .eo W iT of xx phone: 011 - /+f ` Pr n*pgp rbWentOremAM-Y 13S. Army c.vqz Qjg»%b"Mrs. W DWz t F.O. Soot IL89Q NqUmk,Sbgy NC 2WI m: Wedar ds '9AbtWd CMMnd ?$ Sb''?eft To W)IOM It May Cow 6le' 2" OM"Zb e$oU1 do Upcrp xII C 1laa?ls. 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C?C2 Au ` tt IVI AfA 1 \ Au //f, v?' r ? 11 a, \ f i \ \!t ??i \ 2? i Project No. Figure 2 - Soil Survey Map 6020.w1 Soil & Environmental Consultants, PA The Gardens Phase 3 Project Mgr.: at Town Hall Commons 11010 Raven Ridge Rd. - Raleigh, NC 27614 SC (919) 846-5900 • (919) 846-9467 Wake County, NC Web Page: www.SandEC.com Scale: V = 1,320' 12/0E/04 wake County Soil Survey / y v vv? / GRAPHIC SCALE, 1" - 300' -' ??J ~ // ??'' \ \ \ /'500 0 300 600 \ Its ?, i r w w \ { ! 1 I I `.? ? rot 1 I i r! r n ` r r ?t\ _ ?-4 _ _ ? ? ? ?I ? ,/ ?1,.` ?? ? I ^?\ \ \ I ,•--?-i- r ?` r.`_,J> ?,?,c? ^<\") ?+e / II1 m a , \?. w ?,,? y" ??? S 1 ? a, 14y /Pp?iOphp ? / I \ Ili ^ I ?/?•.. ?/ I I ??' ?? II 11 ,1 I is ` ? I L ? ? ? / \ ?, '?,` ",>" ?? /;, ? w X11 » I II ,1 ? ?-? :SHE \ i ? i . 11 G? ??,`. `? ? /fin ?\ ? n , ? 0 c --1 ''1 ? r?? •,? " ? ?_ ? a !! a !'^ ` ?..? rc, I « I I r / ! Ir. \/n\ /?»11}r>111»1111 II b I xl \ r/ / / ?? \?\!!l n?r-,\`rn I - v b /? \ J 11? ' i v ,1 i t I I ar I ? j I? I. 1 r \\\ r I? 1 \ Icy /? /?/ y?/ r<? 11111*\ `? ? I jar: ,, ` aw _ wItAUSIVYme c\ HDi \ f I 1? I p, ? III II II I I I I I I ?1 az? ? ?r, rw lrl?'I / / 1'-__ II roIIlrO I?II?I ja,IIb ll?bl?IANI ,/? !r'I IIII J BLES AT TOWN HALL PL THE GARDE IS AT TOWN HALL COMLI NS PHASE 3 I FOP °a 099 THE P AT TO ONS tTHE G RDEN$ PHASE 1 SITE MAP IMPACT TYPE SOFT 44NEAR FT. LOCATION -- ------------• 1 (SHEET#3) CH ------ --- ----------------- 109(INT) 3 # 67(INT) . 3 SHEET 1&3)JW 5142 4 (SHEET#1) JW 4,888 O 5 SHEET#1. JW 3,915 ----- O 6 (SHEET#2) CH 275 110 7 (SHEET#2) N8 Z1 1,053 ----- NB Z2 1,511 ----- 6 (SHEET#2) NB Zi 3,543 ----- NB Z2 2,932 ----- w 9 (SHEET#1) JW 2,356 ----- ,,\` \\\\\\\ \?\\?\,\\ IIII ? -lj i I I A `\\\\ \` III O '? \TI I I A ;III l III I D 1 Iil IIiIq II I IIIIA I II II I ? 11 I, I I I C II Ill?m r I I LEGEND: I I I i w i I \ = LOT F14L I I \ I 1 11 \ SEWER CROSSING I i I \ \ r ? T = ROAD CROSSING I I I \\ - / / - , i w v v o v -EXTENDED DETENTION WETLAND - JURISDICTIONAL _,? I I I EXTENDED DETENTION WETLAND - NEUSE @UFFER ? i / _ I I III I I 1 'III / ? III QQOgn?1 ? 1 ? \ \\ I I i I '?WC > III ? \ \vil I +r/ P t \ ti I I I ? ?? v?,? /? 1111 Op 0 V I I ?i 1 // i A1"S,. I i I ;;tea, 111 I \ \ I/?^` :. IIII ? Jf?'? ; III I t"A?^Hf? III I F? ?? 4 III I < ? Ii I I -- - - ---*-' qp?,, `.`_ _ --- --- - --------------- ------------ -_ SMELT # I SCALE =60' ,. A- I 55 y 1414 j "? ? r•, I I i, -" r H A"' 1 I NETLA ]----m ACT • ?, .... EXTE' TENT I, - b', -- &Or HT ?x oop .000 .? .." TLAND 1 i?cGT w. F1 ?}r -rri - - ?? mo. LT I-.-Fu 0.511 _ if , ?,i 24 Gp ?1l L k, IN_ { r 34 5 MV, v if A , L : ASPHALT - -. ? . TRAI - _ .a-+ a 4 ? WETL, r T #4 -MPAC I , y GROSS I NC I ` , 150 i 151 NET _. .. 1 • LS 77 - 3 , 49 :x (X ' LOT F/l I U \ f? _ 143 152 14 8 MATCH TO SHEET #3 '?y + 'f t5i 157 y,, 'DHttT # 2 SCALE I " = 60' r WE T L A/ NO 'MPACT'?'# 6 ,3d.. ' ` , N c rk4 . ' - - i ? l k : 1^ ?. \ 1 ' 1 1 y,? 000 ku - . 1 00 r • .. J _ J G ., L EX I ST, I NDI AN,? °" f ? ' NI -1\ r # T -rE r IN -,X WETL f ?. ff l 3h ) / r' •?.,,_ : P a f r i •V I ? ( t r \ ! f 172 7 ti r .. j r }\ I `.fit 'v • \ l r - , r 7 1 +A ?O °i ?, ti? ! !? ) 3 } { 0, ? N 8 MATCH TO SHEET #4 e f MATCH TO SHEET #I P 1 r ?- 4 S i / I 1. 11A' ?7 ?I I 154 /f WETLAfqD 1 i 147 l MPAGT #3\ I L 0"?! WE T L A D 44 514 L r N 143 W 1? ; 15- 5AGT # I ! - I W LOT `f I L W • z X11 ??'`r 2 ON il? .' ? F- N { 1 r N II ' 14! ti ?71 P! I I? ` / ;!c) - ZN K, , w- .'11,: ? -`-- • I` i `a kC 366 I M i/ E_ ? 1 d' r I , ?I O5q-4Q! C? 4 1 t'' y ' J 1 60, if s H E SCALE I 60' MATCH TO SHEET #2 ,a t ±r3 iij, r ? ? I I J/, rr J l,. 1 2 , I -? joi? N 2-7 2 _ t : + 12 2 8 1 L Ma N/ F IAr^F A. i. r r ' .'?, ? A ,_ /? r ? e Vie- a? (• f i r !I ?' -24 -1 < ?• ?I IiI 1 7GN i Na U3 ¢ ? I f 4 ! I? s? obA. ? •/? \? ? ??? ?.,,,?? I Ill '<i 12 ILI 17 Q ,i?' 1T .i I I .I w ; 1 G S!-IrAt1Pd ' C? 5 i.Wk`Nc a!? D`?? S ?'METERY, w ter' ^^ *f n ?I O /" ly 'I i7 I ' Q;1 i 7nN ?,J t- I Yt T / J rr; i 1 V ? ( ? y t? rI J IA- L i i - ,? I` i; ' l ? I ; , I L I, f V, t..4 WETLAN I MPAGT 48 f 1 EXTENDT.D,, DETENT I ON WETLAND SHE ?8 O? W AT ?9QG 7 r bu- p`iii? 11;? December 10, 2004 EXPRESS REVIEW ACCEPTANCE LETTER Centex Homes Attn: Grey Methven 2301 Sugar Bush Rd., Suite 4000 Raleigh, NC 27612 Fax #: 919-571-8346 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Project Name: The Gardens Wake County Subject Property: Located approximately 4,000 feet SW of the intersection of NC Hwy 54 and McCrimmon Pkwy (SR 1635) Dear Mr. Methven: On December 9, 2004, the Wetlands/401 Unit of the Division of Water Quality received a Fax/email request from Soil & Environmental Consultants, PA regarding a project known as "The Gardens" for acceptance into the Express Review Program. This letter advises you that your project will be accepted into the Express Review Program once the following items are received: 1) a fee of $4,000.00 made payable to the North Carolina Division of Water Quality, 2) seven complete and collated copies of the application and 3) seven copies of all additional information pertaining to this project. Thank you for your attention to this matter. Please keep in mind that the clock for this project will not start until receipt of the completed application package and required fee are received. If you have any questions or wish to discuss these matters further please do not hesitate to call Cyndi Karoly at 919-733-9721 or Deborah Edwards at 733-9502. Sincerely, l AWK/dae cc: DWQ Raleigh Regional Office File copy Central Files Sean Clark-S&EC Alan W. Klimek, P.E., Director Filename: The Gardens 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hgp://h2o.enr.state.nc.us/ncwettands Noce Carolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper MULTI COMMUNICATION REPORT DATE DEC-10-2004 FRI 14:46 NAME DWQ-WETLANDS TEL 9197336893 REF. NAME COMMUNICATION MODE : TX NO. FAX NAME/NUMBER 735 95718346 735 98469467 START TIME TIME MODE PAGE 12-10 14:44 00'38" ECM 2/2 12-10 14:45 00'21" ECM 2/2 TOTAL TIME 00:00'59" TOTAL PAGES 4 RESULTS OK OK Environmental Rakeigh, North Carolim 27614 1 www.SandEC-con 11010 Raven Ridge Road Consultants, PA 'hone: (919) 846-5900 • Fax' (919) 846,9467 FACSIMILE SH?ET FAX NO, (9X9) 846-61M 7 pA T E; ,l, Project Number: TO: NAME: -.--? rt5 CC: COMPANY:_ - 0 6o)0,W a FAX NUMBER: FROM.: L? 5 (?J eC The following items are being faxed: For Your Comments/Approval Per Our Conversation Please Advise Would Like To Discuss HARD COPY SENT: US Regular Mail Overnight Hand Delivery No Hard Copy Sent REMARKS: IF YOU HAVIE CONTACT SUBJECT-.- .5-5 ? . d!° ? ?°?5 Number of pages including transmittal sheet: For Your Information Per Your Request Please Call Please Handle WITH TIVS TRANSMISSION, PLEASE _ AT (919) 846-5900. *CONFIDENTIALITY NOTICE# This transmission is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this information is strictly prohibited. If you have received this transmission iu error, please notify us immediately by telephone and return the faxed documents to us at the above address via the United States Postal Service. Charlo, tto . , ?g&?s?horo C]ffice: le Drive 736 LePhillip COWL Suite C Greeusrecus.bowr4, , NaC 27455 Concord, NC 2807-5 M^na, MU) 720-94('15 Phone:; (336) 540-8234 DEC-9-2004 THU 18:13 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 INITIAL INTEREST IN pARTICIPATION IN THE EXPRESS REVIEW PROGRAM WITHIN THE 01 OVERST EEXPRESS PERMITTING UNIT September 1, 2004 Version 3 ev 04"1993 Applicant Narne: Centex Homes ?" Q,tt fire Methuen V Applicant Address: 230 ! Su ar Bush Rd. Suite 400 Ralei NC 27612 `- Applicant's phone number: 919-781-1952 Fax number: 919-571-8346 Applicant's email address: None Consultant Name (if applicable): Soil & Ertvironr?xental Consultants 1'A Sean Clark •--- Consultant address (if applicable). 11010 Raven Rid a Road Raleigh_ NC 27614 .. Consultant's phone number: 919-846-5900 Fax number: 919-846-9467 Consultant's email address: slclark sandee_eom Type of action requested under the Express Review Program (check all that apply): ® 401 Water (duality Certification ? Stream Origin Detertnination ? Isolated Wetland Permit # of Determinations Requested Riparian Buffer Approval ? Intermittent/Perennial Determination Storrnwater Management Plan # of Determinations Requested Q Mitigation Plan. ? stream ? wetland ? buffers (check all appropriate) Name of Project: The Gardens County: Wake _ Total project acreage: +/- 50 (acres) Total built out impervious area: 0 (acres) Nearest named stream, (froze. USGS topo neap): Crabtree Creek w? Please provide a brief description of this project (attach site plan if available): The ro osed ro ect is a residential develo meet. See attached site an. Please attach a map of site location using USGS 1:24,000 map and county soil survey. 1 DEC-9-2004 THU 10:13 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 Location of project site - please include reference to the county, nearest name town and highway nun-Aber: This site is in Wester Wake Count in Moxxisville NC. 1t is located a roximatel 4 004 feet southwest of the intersection of NC D 54 and McCriMMOn Ply SR 1635 . There is a small extension road conn.ectin the site to McCrinumo Pkw .See attached T?SCS ma . Proposed impacts 0.37 0 2$6 0 9,039 Acres of 404 wetlands Acres of isolated wetlands Linear feet of streams Linear feet of isolated streams Square feet of protected stream buffers Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list which ones. Yes Macrobenthos/Invertebrates class and Express Permitting class. Has any DWQ staff visited the site Yes , if yes, please provide DWQ staff' name, Charles Brown _ and date of visit: 9/11/2001 Which other environmental permits from other agencies will be needed for this project? Please list the permits and issuing agencies below: 404 from Arm Corps of En ineers Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act? No is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ? No Does this project require approval of a Variance from the NC Environmental Management Commission? Are you aware of any local controversy concerning this project? If so, please describe the controversy and any measures that have been taken with respect to public involvement. No This form must be submitted via email (c/o 40lex1)re2§@.ncmail.net.1. faxed (919-733-6893) or hand-delivered to the Parkview Building, 2321 Crabtree Blvd, Raleigh, NC 27604. Applicants who are selected to participate in the Express Review Program will be notified via email or fax within 2 days. Successful applicants will then be instructed regarding detailed procedures for full application (Please Note: Submittals of the review packages on. Friday after 12:00 pin will be stamped as received on the next business day). Please contact Debbie Edwards at 919-733-9502 if you have any questions regarding this form. 2 DEC-9-2004 THU 10:14 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 ?J ;; •?`:fir' ?,?---?:? - ``?:?+?'I??.."`?,? %.-j,. ?? ,,, , ? ?, ? - - r? - ?} r, ?; _ " ',; , .. ? ?- r ---? - ? ?;? ?? ? ! •=??9: __??..?? ?.?+!i ( . cam. l? t J t.. r 1. q ?I`; r ' t ??•-? 1 ' ?;. r G'1 \ '?1, / 4'h ?? ` ' • f- S .?..%?)p ? i ? ? ? 7? `? , y 1 ?- 1 •: may, ? r? ?, •. i / u` (.l ? ,i s,: ? y ? 'fit - ??„ •?• ? - :•, ? r IV r w,"i ?J??? 4,,/ .r,. -_ - ?`-?.?n? M'g`r.. Project No. Figure 1 + USGS Map 6020.W 1 -' '"'-- The Gardens Phase 3 Soil & Environmental Consultants, PA Project Mgr.: at Town Hall Commons 11010 Raven Ridge Rd-- Raleigh, NC 27614 Sc -- - Wake Count (918) 8465900 • (919) 846-M67 Y, NC W age: www,SaMEC.com scale: 1" = 2,000' 12/0$/04 [`arv Oiendrannla i DEC-9-2004 THU 10:14 TEL:9197336893 NAME:DWQ-WETLANDS P. 4 '! -?x?\ ?Ib$ '? r^" >?,??` '?. `- I! ??,_ .`\' ??%!(/ ?;,u _ Jr ? I rl I?? 1 --, -yF,? - _ !'...4 ?'?~..-"?`-1.?)_ '"raG`L1 :`? '.'1sCS. •?,? h ' i 1?' _?,'' , ?`1` ? ? ,??. .,., ' ?il'-.?-? - ?/r \ r r ? f.,..' v_.., yam. , ?f•'•-?:.• „1 ?!! f\? F,= ?i '1??.r r''-- -? 1` ;• . yV93f •? 1 "'_? _ \ (rl , 1 r w't \ `•? \ y `L ' l ' J• 'r t' `•.. / !G'f (' r.J ? :. it i' j v (? „- ? \ ?,il f'G J : ,\ r -?• r .t J. err ?rJ?`_`` -.? 4` ? .r r , `:\4? - ``w ~ L`1? .k'?, . ?', ? 1. ??J. ? ?,1 ? ( ,'I. f fY'?i? /'F= ;?.,4- ?•-• "?f Sd . r I ? J" /+ 11 / lit l / 4`4 ?,_:. r f ? \?°<. ?--. `r c.+,., "Y' ,f ? ?• ,m?i ? .. it Ygt.iil yi, iii.. l 11` by ^`i`,? `\`.,. :21?,?. i,.\?`.\y?'i :l i' ''4):t {i. \t %,`1\\ ? ., .:.{ ? ` ?r .:'32 -_ ?_\; r V•-r \\?`•'\L?SCr A`vD-;^-,7 1 k•{'• . ,' .? .. S `11 E.e ?h/5_\. f? \ \o?- r\ f f.,y, ti,l? \v`? l' f?.il :j\?s+'1•t0??':\ -C2 J r ti yWsC ti r/mar / :Ys82 I ! ! r V j' r \ ?' +i 1 i ; \GrB GrCZ V Yj??' ^? \ r: WYG3 ?'rts27. 1 r i. j''\ 1l ~ ?o ?It \ C:z ?'? ?- ? \ \ Crve \? , ? WY ??? ? \\ Jt ? _ . ?3: Y \_ l t \ ;, k r 1 ,,( 111 :'y Z' i '"\\ v ;?? ? i ?v I'? ? 1'lret': C,? .72 . ,^1x52 NIk32 t -r?se? ,>' `:// \\?'?.,?' \I-\,?' t•'°`'? l.`i.. ??'`\ \? ? , r. x;532 `, " ,_„? C'°z ,; /;;r ? ~^,, v rF.?-E^ :. 1 y y •1 V( Ws-2 ,1t \ 'J`1)' ,.. IR2 -C 1 riy.. • Yf` /jam y-M1 Y' ; \ r` •A,:I -tit \ t f 1 / r?N?541._ !r•. ?.+ni;. l ?' -- - u?.--_,"\ i' C;Oz -., w + k ,l, r Cre2 \\ y l ':. \, ?'SZ (? \L. G _ 2 yVY , `-, / /'. /. \ `?''` •ti 4_j -?." ?t6 ?_•.:l t ? 1 wsc2jr? \1 .»"' j? 1 AU '?,'?' I: "•? ??? ? DVS 2 ?M YiSC2 Cr82 .i?• ti-? ?•.? ,77?? sG ' Y .\..? ; ' ? t• 1?c+rwiRVil a GpAa CrC2 1 CP Au \AfA vo3 . . ? `\, _- ,§ • ?' t' 4 wse2 r % { CtRZ 1 . GrC2 ???```\\\ \ Qf P t WY VQ G ?? MY.62 ( /? ?? Vim` / \ '` x { Gp '' 4fA i": ? Cr82 rC2 = J ?r MY62 1 mss' °tl VV V v \` Crt37, 3r 1 W Au MY52 . / , r 1 y Y ? --ter . V CrB2 ?_V+Y f I 1 ',4n? \ ?1 t tti: t C;CZ ` L ?? _ I ?Au fA 1 /t Jr"? 3r,' ' i. szrM Project No. Figure 2 - Soil Survey Map: sazo.W1 . ----------- ' The Gardens Phase 3 • Soil & Environmental Constiltants, VA, Project Mgr.: ) at Town Hall Commons 11010 Raven Ridge Rd.- Raleigh, NC 27614 SC (919) 846-5900 - (919) M-9467 ------ --'- ' j Wake County, NC Web Page: www.SandEC.coni Scale, 1" = 1.320' DEC-9-2004 THU 10:15 TEL:9197336893 NAME:DWQ-WETLANDS P. 5 1 r} f? ct1 h- z Iw. M LL V w z I ?z ?YY _V O F 40 / N N N N }b J ': db 1 1 ' r y a r } k : Y arY ?' . ?i17 . ? ?? z y 1 y ` 4, 1 1 wl, r.. _ ...- 4 '- 5'g .. _ I t . ......... ` 1 ?l , l 1 ? 1 + t i 1 tli FF M zz U. i -- i 1 1 1 I 1 -0.D rt?i ; O 1 1 i ? 1 1 , 1 I ,J I i 1 r ry rt IIl KI - In (V 43 1 1 1 1 h 1f? - 4 , LL 1 1 1- ¢rvO? nm ¢urt 1 f X -T U$ W i tt N N ra t,1 F iJ3i-3i^i ZZZ? i M 1 IMF-?"-'nr (4 - 1 tlkz:: siR ?a W ?. tC) J W DEC-9-2004 THU 10:16 TEL:9197336893 NAME:DWQ-WETLANDS P. 6 DEC 2 2 2004 ? DENR . yy AND V TER QUALITY ?Rawn Total vendor payment 4,000.00 4,000 00 CHECK N0: 176271 PAYEE:North Carolina Divisiofi of / VENDOR N0: 099001 DATE: 12/13/04 ?mnn EXPRESS REVIEW SCHEDULE ( ) C? PROJECT NAME: I_ C- c DWO #: ??! l 1 ACTION Acceptance letter Application received Initial review/letter Information received Field Meeting Additional information letter Information received Office Meeting Additional information letter Information received Expiration Issued/Rejected (circle one) DATE Zi S Jomplete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery 4 desired. i Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front if'space permits Article Addressed to: Centex Homes 2301 Sugar Bush Road, Suite 400 Raleigh, NC 27612 DWQ# 04-1983 - Wake A. Signature ?f ? Agent, ? AiJdresse 8. Aecelved'.4y f Prfnfed Name) 1C.-Dateof Deliver A 7L(/^?arrA: ` D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No RN SrATo 0 ;0- Certified Mali -01rcpresi Mail for Merchandisi 4. Res gll?e Fee) ? Yes ArtlcleNumber 7004 1160 0002 2706 7247 ,ivsfer from service orm.381'1, February 2004 Dornestic Return Receipt tt1259b UNITED STATES POSTAL SERV` 4? `cam - ? "" - s e ? Fees P N1 • Sender: Please pnnt'ytt rfiiame, address, and ZIP+4 in this bM NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 at I„1,II,,,t,li„tf,,,,1„i,+1?i„l,t,lf,,,?lt„i,l,tl,,,,,1l,1 %complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. i Print your name.,and address on the reverse so that we can return the card to you. i Attach this card'to the back of the mailpiece, or on the front If-space permits. Article Addressed to Centex Homes 2301 Sugar Bush Road, Suite 400 Raleigh, NC 27612 EXP# 04-1983 - Wake A. Signatu J ? Agent X Addreseel B. Received by (Printed Name) C. Date df Deliven M. Ph Arris D.Isdeliveryaddressditrentfromiteml? 113 Yes If YES,_ eawgi erprogs below: O No 3. Ice Type Mail C3 13 R ` 1st E3 Insu 4. Restrictgd Del vWi?-(E Fee) Article Number `wnsferfrorn sendce label) o 3811, February 2064 7004 1160 0002 2706 7148 Domestic Rehim Receipt fdr Merchandist ? Yes ri 102585 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid r 1 LISPS :Permit No. G-10, .......... Sender: Please print ymr , address, artel° 1P+ ?n ti?is box • `" NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 276804+226:31 is ddt?„r.tt??r????, ,:r„r r,?l,rf III „r)),lifillr,,,I:rr.I