20011107 Ver 1_COMPLETE FILE_20010719

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Michael F. Easley, Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality
January 9, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Glenwood Avenue Associates, L.C. c/o
Garrett Development Corp.
25 Center Street, Suite 101
Stafford, VA 22554
Att: Andrew S. Garrett
Westfeld Homes of the Carolinas, LLC
41 12 Pleasant Valley Road, Suite 214
Raleigh, NC 27612
Att: David Goracke
Dear Mr. Garrett/Mr. Goracke
Qr? kro-'[Roerq
JAN 1 2 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Subject: NOTICE OF VIOLATION
Glenwood Forest Subdivision
Glenwood Forest Drive
Failure to Comply with a 401 Water Quality
Certification Conditions
Wake County
On November 28, 2005, Eric Kulz from the Division of Water Quality (DWQ) Raleigh Regional
Office and Amy Chapman of the DWQ 401/Wetlands Office conducted a site inspection at the subject
property located on Glenwood Forest Drive, to the south of Glenwood Avenue in Raleigh (Wake
County). This inspection was conducted in response to a concern by other DWQ personnel related to a
potentially improper stream crossing.
During the site visit, the investigators observed that the culvert pipes associated with two road
crossings, one on Glenwood Forest Drive and one on Poyner Road, were not properly installed so as to
allow for low flow and aquatic life passage. Neither of the ends of the pipes for each crossing is below
the stream bed.
As a result of the site inspections and file review, the following violations are noted:
1) Failure to Comply With 401 Water Quality Certification Conditions
Item I. Failure to Comply With 401 Water Quality Certification Conditions
Soil and Environmental Consultants, Inc. (S&EC), on behalf of Glenwood Avenue Associates,
LC, submitted a Pre-Construction Notification (PCN) for the proposed Glenwood Forest Subdivision on
July 19, 2001. Impacts associated with the proposed development included impacts to stream, wetlands
and riparian buffers associated with two road crossings and utility line placement. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permits 12 (utility impacts) and 14 (road
crossing impacts), and the corresponding General Water Quality Certifications. DWQ issued an approval
letter for the impacts on September 14, 2001.
Raleigh Regional Office
Water Quality Section
1628 Mail Service Center
Raleigh, NC 27699-1628
SAM
N
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748
Mr. Andrew S. Garrett
Mr. David Goracke
Page 2 of 3
1/9/06
The approval letter specifies that the activities must follow the conditions listed in the General
Water Quality Certifications, as well as additional conditions listed in the letter. General Water Quality
Certification 3289, Condition 6 states the following:
"Placement of culverts and other structures in waters, streams and wetlands must be placed below
the elevation of the stream bed to allow low flow passage of water and aquatic life unless it can
be shown to DWQ that providing passage will be impractical."
Based on the observations made during the site inspection, the upstream end of the Glenwood
Crossing Drive culvert is approximately level with the stream bed, and the downstream end is elevated
approximately five inches above the stream bed. The culverts for the Poyner Road crossing are
approximately level with the stream bed.
No correspondence or other information presenting the impracticality of complying with
Condition 6 was noted in the file
Requested Response
This Office requests that you respond to this letter in writing within 20 days of receiving this
notice. Your response should be sent to both this office at the letterhead address and to the attention of
Mr. Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617. Your response should address the
following items:
1. Please explain why the crossings were not constructed in accordance with the certification
condition.
2. Please submit a Crossing Revision Plan to this office for review and approval, as well as to Mr.
Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617. This plan should include
an explanation of how you plan to correct the situation, to include proposed re-construction of the
crossings to allow for low flow of water and aquatic life passage.
You are encouraged to secure a consultant to assist you with your plan development to ensure that
the revised crossing complies with the 401 permit conditions.
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
-Ath
RubM
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748
Mr. Andrew S. Garrett
Mr. David Goracke
Page 3 of 3
1/9/06
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to civil penalty
assessments of up to $25,000.00 per day for each violation. Should you have any questions regardin
these matters, please contact Eric Kulz or myself at [phone].
Sincerely,
'Y" A
Kenneth Schuster, PE
Surface Water Protection Supervisor
cc: 401 Wetlands Unit
Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
Monty Matthews - USACE Field Office
RRO - File Copy
Central Files
Virr
Raleigh Regional Office 1628 Mail Service Center "afL?Ei
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748
OV vyn,r?OG
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Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
September 14, 2001
Wake County
DWQ Project #: 011107
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Garrett Development
P.O. Box 2648-2721
Jeff Davis Hwy
Suite 110
Stafford, VA 22554
Dear Mr. Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.026 acres of wetlands, 300
linear feet of streams (plus 30 feet of temporary stream impact) and 0.67 acre of stream buffers in order to construct a residential
subdivision at Glenwood Forest development site, as you described in your application dated July 19, 2001. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Numbers 3288 and 3289. These
certifications allow you to use Nationwide Permit Numbers 12 and 14 when the Corps of Engineers issues them. This approval is also
valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. 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
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided
in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or areas within 50
feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
2. An additional condition is that a final, written stormwater plan shall be approved by this Office before the impacts specified in this
Certification occur. The stormwater management plan must include plans and specifications for stormwater management
facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers and
first utilize pretreatment with dry detention basins. Alternatively a constructed wetland can be constructed if sheet flow cannot
be maintained. Also, the structural stormwater practices are approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality. A DWQ approved operational and maintenance agreement is required for the facilities. This
agreement must be signed and provided to DWQ within 90 days of issuance of this Certification. Finally before any permanent
building is occupied at the site, the facilities, as approved by this Office, shall be constructed and operational, and the
stormwater management plan, as approved by this Office, shall be implemented.
3. Impacts to the isolated wetland must be done in compliance with 15A NCAC 2H .1300 when these rules become effective.
4. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached
form and return it to the 4011Wetlands Unit of the Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]
micnaei r. casiey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
N
Customer Service
1 800 623-7748
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification
and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Todd St. John at 919-733-9716 or Steve Mitchell at our Raleigh Regional Office at 919-571-4700.
Since
OJJ.. horpe, Ph.D
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Todd St. John
Peter Jelenevsky; Soil & Environmental Consultants
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Memorandum
To: John Dorney
From: John Hennessy
Date: September 12, 2001
Re: Tardy Projects
List of Recommendations
Town of Tarboro:Hilma Country Club Stream Stabilization. DWQ No. 011105
Steve recommends issuance with the following condition:
Project needs to stabilize the area behind the Wastewater Treatment Plant and lift station. Glenwood Forest c/o Garrett Development. 011107

Steve and Todd recommend issuance with the following condition:
The 401 needs to add the 85% TSS stormwater condition, and must it must use wetlands or detention with a
forested filter strip.
c:\john\tardy reports\091201.doc
Draft - for Internal Review and Comments
Date:
To: Steve Mitchell
?FRO Ken en e
?WaRO Deborah Sawyer
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
?ARO Mike Parker
?MRO Pete Colwell
Triage Check List Project Name
DWQ Project Numbern
County_ "(Ce _
Comments due in Central Office by:
From: --Telephone (919) 733-
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
nd determination and distance to blue-line surface waters on USGW topo maps
ization/avoidance issues
? CN
? 4
? Neuse Bu
ffer Rules
? Pond fill (is the pond drained or holding water)
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and acceptable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concerns
C
Comments
8 ti
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
FILE COPY
Ms. Amanda Jones Mr. John Dorney
U.S. Army Corps of Engineers ".; N.C. Division of Water Quality
Raleigh Regulatory Branch Parkview Building
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Blvd.
Raleigh, North Carolina 27615 Raleigh, North Carolina 27604
Re: Proposed Glenwood Forest Subdivision, Raleigh, Wake County, North Carolina
Pre-Construction Application for Nationwide Permit 14, 12, 401 Certification, and Neuse Buffer
Impact Approval.
S&EC Project No. 01-5079.
Dear Ms. Jones and Mr. Dorney,
011107
Soil & Environmental Consultants (S&EC) is submitting on behalf of The Glenwood Avenue Association
LLC a Pre-Construction Application (PCN) for proposed impacts to wetlands, two UT of Turkey Creek
("waters of the US") and Neuse River Riparian Buffers located within the property. The approximately 75-
acre property is located south of Glenwood Avenue, and approximately 1,500 feet west of the U.S.
70/Duraleigh Road Intersection, Wake County, North Carolina. A USGS topographic map and Wake
County NRCS soil map depicting the limits of the property boundary have been enclosed. This project site
is located in the Neuse River Basin, USGS Hydrologic Unit Code 03020201.
S&EC evaluated the project site on 27 December 1999, for the presence of stream channels and wetland
areas. Wetland features were flagged and the stream channels were evaluated and S&EC personnel
determined subjectivity to the Neuse Riparian Buffer Rule (15A NCAC 2B .0233). Subsequently, Mr.
Steve Mitchell of the DWQ confirmed the Buffer evaluation on 14 January 2000 (See enclosures).
S&EC is requesting the issuance of permits for proposed wetland and stream impacts associated with the
development of the Glenwood Forest Subdivision. The proposed stream, wetlands, and buffer impacts will
result from the construction of two individual road crossings, and two sewer outfall extensions. The road
crossings have been designed to minimize total impacts by utilizing a segmented retaining wall system that
will essentially eliminate the bulk of the fill slope commonly associated with typical stream crossing
layouts. Although the grade on site typically exceeds 20 percent, the total impact to each crossing has been
limited to 150 linear feet, including the rip-rap apron/level spreader. Total wetland impacts proposed equal
0.026 acres. Buffer impacts at each proposed road crossing are less than 1/3-acre per crossing. The
proposed sewer line outfalls will be connected to existing lines for the purpose of providing municipal
wastewater service for the proposed subdivision. Impacts will be limited to a 30-foot permanent Right-of-
Way. The sewer line crossing depicted in Impact "D" will be an aerial crossing, therefore only the buffer
will be impacted. Impact "C" will require the temporary excavation of the stream channel in order to
connect a service line into the existing sewer line invert.
Exempt perpendicular impacts proposed within the Neuse Riparian Buffers consist of 0.0888 acres of Zone
I and 0.0515 acres of Zone 2 for the sewer line outfall connections (Impact C and D).
Total proposed impacts on-site are limited to 0.026 acres of waters of U.S., 300 linear feet of impact to
perennial streams (150 per stream), and 30 linear feet of temporary impact to a perennial stream. S&EC
believes that impacts have been minimized and avoided to the greatest extent practical in order to provide
road access and sewer service to the proposed subdivision. Total riparian buffer impacts consist of 0.6.2.19
i
c
Charlotte Office, Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
19 July 2001 `" 2rr1

total acres (Zone 1 and 2). The total riparian impact to stream buffers is below the 1/3-acre limit per road
crossing and the proposed sewer line crossing are exempt because the permanent ROW will be less than 40
foot wide and cross perpendicular. The remainder of the sewer line is located outside of the 50-foot
riparian buffer. S&EC believes that minimization and avoidance of the remaining jurisdictional features
should be adequate mitigation for the USACE.
Also be aware that the project will be developed in phases as depicted on Sheet A-1 following the
construction of the roads. As a result, the site plan has not been finalized, and therefore total imperious
area and subsequently the required stormwater treatment facilities have not been finalized. Impervious area
will more than likely exceed 30% following total build out. A letter addressing the stormwater issue has
been enclosed from the site designer, Mr. Larry Ragland of McNeely Associates, PA. Following the
approval of the site plan by the City, stormwater plans will be submitted to the DWQ for review and
comment. If there are any specific questions regarding the stormwater issue please contact Mr. Larry
Ragland at 919-782-9677.
If there are any questions or additional information required in order to process these request do no hesitate
to call me at 919/846-5900 (office), 919/291-1075 (mobile), or email [e-mail].
Sincerely,
Soil and Environmental Consultants, Inc.
P'eL I
Peter A. Jelenev
Project Manager/B gist
Enclosures: 1) PCN Application
2) Agent Authorization Form
3) Proposed Impacts (6) Sheets
4) Raleigh West, N.C. (1968) USGS Topographic Quadrangle.
5) Wake County Soil Survey (1970)-Sheet 27,28,37,38
6) Engineer's Justification Letter and Supporting Documentation
7) Neuse Buffer Confirmation Letter
8) DWQ Processing Fee $475
Office Use Only: Form Version April 2001
011107
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 14,12
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 (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Garrett Development LLC
Mailing Address: P.O. Box 2648-2721
Jeff Davis Highway. Suite 110
Stafford VA 22554
Telephone Number: 540-659-6172 Fax Number:
E-mail Address:
2. Agent 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: Peter Jelenevsky
Company Affiliation: Soil & Environmental Consultants. Inc.
Mailing Address: 11010 Raven Ridge Road
Raleigh, North Carolina 27614
Telephone Number: 919/846-5900 Fax Number: 919/846-9467
E-mail Address: [e-mail]
Page 3 of 13
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: Glenwood Forest
2. T.I.P. Project Number (NCDOT Only):_
3. Property Identification Number (Tax PIN): 785392704
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Glenwood Forest
Directions to site (include road numbers, landmarks, etc.): From 440 Beltline drive west to
the Highway 70/Glenwood Avenue Exit (Exit 7). Take Highway 70 north toward Durham.
The site is located approximately 3.0 miles from the Beltline. Site is located on the right site
(south side) of Glenwood Avenue approximately 1,800 feet from the Glenwood
Ave./Duraleigh Road Intersection.
5. Site coordinates, if available (UTM or Lat/Long): 035°51'34.3" N 078°43' 12.8" 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. Describe the existing land use or condition of the site at the time of this application: This
property is predominately forested and no other land uses are present. Site is dominated by
loblolly pine/mixed hardwood forest
7. Property size (acres): approximately 75
8. Nearest body of water (stream/river/sound/ocean/lake): Turkey Creek
9. 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/adnvn/maps/.)
Page 4 of 13
10. Describe the purpose of the proposed work: Construct a road network that will be utilized
to access and service the planned residential subdivision Proposed roads are on the Cityy f
Raleigh's thorough-fare plan and will connect to and extended existing Poyner and Pleasant
Valley Roads. In addition to the proposed roads sewer lines will be installed and connected
to existing sanitary sewer lines located adjacent to the proppM.
11. List the type of equipment to be used to construct the project: Typical mechanical equipment
including but not limited to track-hoe front-end loaders graders etc
12. Describe the land use in the vicinity of this project: The land use varies in the immediate
area and includes commercial residential State Park Land (Umstead State Park), and mining
(rock ggarry).
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.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Yes, In order to comply with the required State Stormwater regulations one of the
planned stormwater treatment facilities is proposed to be constructed in a wetland area declared
to be isolated by the USACE (site meeting with Mr. Todd Tuawell and Ms Amanda Jones) yet
determined to be buffered by DWQ (site meeting with Mr. Steve Mitchell Site plan has not
been finalized or approved by the City of Raleigh therefore: total impervious area has not been
determined. Following the approval of the finalized site plan, a design will be submitted to
DWQ for review.
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 5 of 13
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
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. Wetland Impacts
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***
Impact "B" Fill 0.026 Yes Crosses a creek Bottomland Hardwood

* 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.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.)
List the total acreage (estimated) of existing wetlands on the property: 1.0
Total area of wetland impact proposed: 0.026 Permanent Fill
2. Stream Impacts, including all intermittent and perennial streams
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)
A Piping 114 UT of Turkey Creek 10 Perennial
A Rip-Rap Apron 36 UT of Turkey Creek 10 Perennial
B Piping 120 UT of Turkey Creek 10 Perennial
B Rip-Rap Apron 30 UT of Turkey Creek 10 Perennial
C Temporary 30 UT of Turkey Creek 12 Perennial

Page 6 of 13
" 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.usms.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topgzone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 300 Permanent, and 30
Temporary
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number

(indicate on ma)
Type of Impact* Area of
Impact

(acres)
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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 F]] stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 7 of 13

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Proposed road impacts to wetlands has been limited to 0.026 acres of permanent fill (Impact
"B") and 234 linear feet of stream piping and 66 linear feet of rip-rap placement. The
topography on site is extremely steep and the slopes typically exceed 20 percent. To minimize
and avoid impacting the perennial stream channels, wetland areas and the Neuse Riparian Buffer
the road crossings have been designed utilizing segmented retaining walls. This design
technique has eliminated the excessive fill that would have been generated if the side slopes were
graded at the standard 2:1 to 3:1 from the road shoulder down to the stream's floodplain.
Approximately half of the potential fill associated with the road crossing has been eliminated
from the initial design. The reduction in the fill slope has resulted in an approximate 50 percent
decrease in stream, and riparian buffer impact. The proposed subdivision was designed to
conform to the existing topography thereby limiting cut and fill requirements and stream,
wetland, and buffer impacts to the maximum extent possible. In addition to the alternative
construction techniques the road crossings were located across the stream, wetlands, and buffer
at a perpendicular angle. The sewer outfalls were designed to cross the creek channels at a
perpendicular angle and the right-of-way will be limited to a 30-foot wide permanent easement.
Impact "C" is an aerial sewer line crossing and therefore no excavation of the channel, or buffers
is proposed. Impact "D" will temporarily impact approximately 30 linear feet of stream channel
for the purpose of connecting an sewer outfall to an existing sewer line located on the opposite
side of the creek. The ROW will be limited to 30 feet. The sewer line ROW widths are below
40 feet and therefore are "exempt" according to the table of uses, section 6 (15A NCAC 2B
.0233). Each individual road crossing equal 150 linear feet (this includes the rip-ray apron) of
impact, and therefore do not require mitigation per section 6 (15A NCAC 213 .0233).
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
Page 8 of 13
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/strmizide.html.
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.
It is our opinion that minimization and avoidance has been maximized to the greatest extent
possible considering the design requirements (NC DOT standards) and the existing landscape
constraints (topo rag_nhv grade etc) S&EC does not believe that compensatory mitigation
should be required by the USACE for this project Impacts per road crossing do not exceed
150 linear feet and the total wetland impact is limited to 0.026 acres
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NC)VRP website at http://h2o.enr.state.nc.us/wm/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): NIA
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 [phone] to review current thresholds for environmental documentation.
Page 9 of 13
Yes ? No ?
X.
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 ?
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 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. Required
Zone* r Multiplier
e feet)
(s a Mitigation
1 16,979 3 N/A
2 10,354 1.5 N/A
Total 27,093 N/A
* 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.
XI.
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.
Buffer mitigation should not be require because impacts are below 1/3-acre threshold for each of
the proposed road crossings and the sewer line crossings will be less than 40 feet wide
Stormwater (DWQ Only)
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.
Page 10 of 13
Stormwater generated by the subdivision will be discharged outside of the riparian buffer in a
diffuse manner as required by current buffer regulations Following the road construction
impervious area on site will encompass 5.74% of the total site area. Proposed preliminary site
design layout of the proposed subdivision will ultimately exceed 30% impervious area. Because
this is a phased development the required stormwater treatment and detention facilities will be
designed after the individual parcel plans have been finalized and approved by the City. The
stormwater treatment designs will be submitted to DWQ for approval and comment.
XII. Sewage Disposal (DWQ Only)
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.
Municipal sewer service will be utilized to treat wastewater generated by the subdivision as per
the Nationwide Permit 12 request
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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).
Date
(Agent's siya 6/v d only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
Page 11 of 13
0,6/27/2001 08:37 9198469467 S&EC PAGE 02
Soil & Environmental Consultants, PA
11010 Raven, Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] , Fax: [phone]
www.SandEC,com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled Ian By The Current Landowner
Name: G46?.) 704 J XS3?C / /7.
Address:
Phone:
Project Name/ Description:
Date:
The Depart lent of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wiluington, NC 28402
Attn: Ms. Amanda Jones
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, Inc, to
act in my behalf as my agent in the processing of permit applications, to :furnish upon request 74
supplemental information in support of applications, etc. from this day forward. The a day of
C/NC? moo/
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied
to arrange a site meeting prior to visiting the site.
Print Property Owner's Name aes Simptfiture
cc: Mr. John Dorney
NCDRNR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
blank agent authform.doc
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??ul.-12, 2001 5:06PM McNeely Associates Pa No.6155 P, 2/2
McNeely Associates pa landscape architects & planning consultants
July 12, 2001
Peter Jelenevsky
S&EC, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
RE: Glenwood Forest Subdivision
Raleigh, NC
Dear Peter,
GLENF
Existing impervious cover on this site is zero. The proposed streets and sidewalks on
this property are approximately 4.29 acres, which is 5.74% of the total 74.75 acres. The
proposed street system is designed per City of Raleigh requirements and does comply
with Raleigh's adopted Thoroughfare Plan. These streets provide for the reasonable
use of this property per City of Raleigh Zoning and Planning requirements.
Riparian buffer crossings are limited to two crossings with no more than 150 LF
disturbance of existing stream to either crossing. All street storm drainage is designed
to meet minimum City of Raleigh requirements and to not discharge within any riparian
buffer. All discharge points use a 'zero gradient' rip-rap level spreader and apron to
prevent point discharge erosion.
Future build out of planned attached housing on these subdivided parcels has not yet
been designed. The future development is anticipated to exceed 30% impervious cover
for the total 74.75 acres. On site detention basins, riparian buffers, grass swales, and
other BMP measurers shall be utilized to attain 85% TSS removal for all surface storm
water runoff.
Sincerely, CA, 04
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5501 McNeely Drive • PO Drawer 30126 - Raleigh, NC 27622 - Tel: [phone] - Fax: [phone]

March 21, 2000 P
Peter Jelenevsky
S&EC,Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
a W DIVISION OF WATER QUALITY
JN1\\ RALEIGH REGIONAL OFFICE
MAR 2 3 2000
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 00-038
Raleigh Memorial Property
S & E C Project # 99-5079
Wake County

Dear Mr. Jelenevsky:
On January 14, 2000, I met with you at the subject property to conduct a site visit for the above
referenced project. This project was initially referenced by the Raleigh Regional Office as NBRRO
00-038.
The features represented on the Wake County Soils and the USGS Raleigh East maps were evaluated
to determine their subjectivity to the Neuse Buffer Rule. As a result, it was determined that there
several features (streams) present on the property that are subject to protection under the Neuse River
Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing
Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233).
The unnamed tributaries to Turkey Creek are delineated on the map received by this Office on
February 18, 2000. This letter only addresses the applicability of the Neuse Buffer Rules. Thank
you for your attention to this matter and if this Office can be of any assistance or if you have
additional questions, please do not hesitate to contact us.
Sincerely,
Steve Mitchell
Environmental Scientist

cc: RRO/John Dorney
Wake County
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1628 MAIL SERVICE CENTER, RALEIGH. NORTH CAROLINA 27699-1628
PHONE [phone] FAX [phone]
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