20060810 Ver 1_Complete File_20060515

?0F W ATFMichael P. Easley, Governor
?0 G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
t7 ,? Alan W. Klimek, P.E. Director
Division of Water Quality
August 14, 2006
DWQ Project # 06-0810
Wake County
Mr. Roe O'Donnell, Deputy Town Manager/Operations
Town of Wake Forest
401 Elm Avenue
Wake Forest, NC 27587-2932
Subject Property: Dogwood Lane Stream Restoration - AFTER-THE-FACT
Ut to Richland Creek [030402, 27-21-(0.5), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. O'Donnell:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 280 linear feet of intermittent stream and 0.00 square feet
(ft) of Zone 1 Neuse River protected riparian buffer and 0.00 square feet (ft) of Zone 2 Neuse
River protected riparian buffer for the purpose of performing stream restoration on the Long
Branch stream at the subject property, as described within your application Dated May 15, 2006,
and received by the N.C. Division of Water Quality (DWQ) on May 15, 2006, with additional
information received on May 30, 2006. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3495 (GC3495). The
Certification(s) allows you to use Nationwide Permit(s) NW27 when issued by the US Army
Corps of Engineers (USACE). 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.
WC_ Carolina
R?[lCll«y
401 Overslght/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetfands
An Equal Oppodunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Town of Wake Forest
Page 2 of 3
August 14, 2006
The Additional Conditions of the Certification are:
1. Impacts Approved
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 nits Plan Location or Reference
Stream - intermittent 280 linear feet PCN page 9 of 13
Buffer -Zone 1 0.00 (square ft. PCN page 12 of 13
Buffer - Zone 2 0.00 (square ft.) PCN age 12 of 13
2. 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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. Diffuse Flow
All constructed storm,%vater conveyance outlets shall be directed and maintained as diffuse
flow at non-erosive velocities through the protected stream buffers such that it will not re-
concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If
this is not possible, it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
Town of Wake Forest
Page 3 of 3
August 14, 2006
5. 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.
6. 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.
7. Stream Restoration with Approved Plans
The stream and buffer restoration must be constructed, maintained, and monitored according
to the approved plans in the application and modifications to the application. Any repairs or
adjustments to the site must be made according to the approved plans or must receive written
approval from this Office to make the repairs or adjustments.
Riparian zone restoration is required as a condition of this Certification. Replanting of
vegetation within disturbed areas located within 30 feet of the stream associated with stream
restoration must be done in an "in kind" manner immediately following construction.
(Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass.
Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and
woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with
forest vegetation including at least two different native hardwood tree species at a density
sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
8. 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 Oversight/Express Review Permitting 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

Town of Wake Forest
Page 4 of 3
August 14, 2006
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.
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 Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at
919-791-4200.
AWK/Um
Enclosures: GC 3495
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
V
Steve Stokes, KCI Associates of NC, P.A., Landmark Center II, Suite 220,
4601 Six Forks Road, Raleigh, NC 27609
Filename: 060810DogwoodLaneStreamRestoration(Wake)401_NBR
Alan W. Klimek, P.E.
09/14/2006 06:36 919-7B3-9266 KCI TECHNOLOGIES
PAGE 01/02
• ENGINEERS • SURVEYORS • SCIENTISTS • CONSTRUCTION MANAGERS ¦
KCI L-indmark Centar 14 Suite 220 X11 Sic Forks Rwd Ralcic7h NC 27609.521D 919-783-9214 (Fax)919-793-9266
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Number of Pages (Including Cover):
Comments:
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KCI ASSOCIATES OF NORTH CAROLINA. P.A.
AUG-14-2006 MON 07:40 TEL:[phone]
www.kci.com
NAME:DWO-WETLANDS P. 1
08/14/2006 06:36 919-783-9266
KCI TECHNOLOGIES PAGE 02/02
Michael F. Easley, Governor
F WAr$
q?Q ``? William G. Ross Jr., Sacretary
1 G North Carolina Department of Environment and Natural Resources
T- Alan W. Klimek, P.E. Director
3 =t Division of Water Quality
August 7, 2006
i
Mr. Steven Stokes
ICI Associates of NC
Landmark Center II
Suite 220
4601 Six Forks Road
Raleigh, NC 27609
RE: Acceptance Letter to Restoration Plan
_ Removal of Best Usage _ - ----.-- •._-- ---...._ .
124 Dogwood Lane, Wake County
Dear Mr, Steven Stokes:
This letter is in response to your letter of response dated July 7`", 2006 regarding the Notice of Violation, which was
sent to Mr. Paul Holloway on March 26`s, 2006 at 128 Dogwood Lane. The Notice of'Violatiou referenced above
was issued to Mr. Holloway for the intentional backfilling of the stream bank located at the address located at 128
Dogwood Lane (PIN 4 1831827565).
It is the decision of the Raleigh Regional Office (Surface Water Protection Unit) that in order to come back into
compliance that the current unauthorized fill material be removed from the stream bank, deposited on high ground
and stabilized. The fill material tbzt had been place within the channel of the stream must be removed by hand.
Therefore, the Raleigh Regional Office (Surface Water Protection Unit) has found your restoration plan to be
acceptable.
This letter does not relieve you from acquiring any other federal, state or local permits that may be required for your
proposed restoration project.
If you have any questions or concerns regarding this letter please contact Michael Horan at (919)-791-4200.
Sincerely,
Michael Horan
Environmental 5pecialist
Raleigh Regional Office;
Surface Water Protection Unit
CC: Monte Matthews-US Army Corps of Engineers, Raleigh Regulatory Office
Wetlands/ Stormwater Branch., 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Bill Summers, Town of Wake Forest, 401 Elm Street, Wake Forest, NC 27587
Byron Brady, Wake County Environmental Services, P.O. Box 550, Raleigh, NC 27602
RRO/SWP Copy 1`i°nCardlirs
Central Files ttlrQMY
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protcction Phone [phone] Customer Service
lntemet h2o.enrstatenaus 1628 Mail Service Center Raleigh, NC 27699-1629 FAX [phone].623-6748
An equal OpportunitylAffirmalve Action Employer- 50% Recydad710% Post Consumer Paper
AUG-14-2006 MON 07:40 TEL:[phone] NAME:DWO-WETLANDS P. 2
O?(QF W A r?9Q(? Michael F. Easley, Governor
William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
June 9, 2006
DWQ Project # 06-0810
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Roe O'Donnell, Deputy Town Manager/Operations
Town of Wake Forest
401 Elm Avenue
Wake Forest, NC 27587-2932
Subject Property: Dogwood Lane Stream Restoration - AFTER-THE-FACT
Ut to Richland Creek [030402, 27-21-(0.5), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. O'Donnell:
On May 15, 2006, the Division of Water Quality (DWQ) received your after-the-fact application
dated May 15, 2006, to impact 280 linear feet of stream and an undisclosed amount of Zone 1
and Zone 2 Neuse River basin protected riparian buffers to perform a stream restoration at the
subject property. On May 30, 2006, the DWQ received additional information from you,
however, the DWQ has determined that your application remains incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive five copies of the additional information requested
below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. There are two outstanding Notice(s) of Violation (NOV) for this site. A NOV was issued
by the DWQ Raleigh Regional Office on March 14, 2006, and another NOV was issued
by the DWQ Raleigh Regional Office on May 26, 2006. These NOVs must be resolved
before we can process your PCN application for this site. Please contact Mike Horan at
the DWQ Raleigh Regional Office to. resolve these NOVs. Once these NOVs have been
resolved to the. satisfaction of the DWQ Raleigh Regional Office, please forward the
specifics of the resolution to the DWQ Central Office.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state,nc.us/ncwetiands
om
N Carolina
VVatura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Town of Wake Forest
Page 2 of 2
June 9, 2006
project and will be providing the D`'VQ the requested information at a later date. Please contact
me in N citing and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you
N%ithin three vveeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
seaters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
0 r _r" 4 /("
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting
Unit
CBK/Um
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Steve Stokes, KCI Associates of NCB P.A., Landmark Center II, Suite 220, 4601 Six Forks
Road, Raleigh, NC 27609 =
Filename: 060810DogwoodLaneStreamRestoration(Wake)Oo Hold
Comments on Dogwood Lane restoration 060810
Subject: Comments on Dogwood Lane restoration 060810
From: Larry Eaton <[e-mail]>
Date: Sat, 10 Jun 2006 15:33:37 -0400
To: Ian McMillan <[e-mail]>
Hey Ian,
/ _T i ___ _: ?
This looks like something we need to coordinate with Danny or Myrl. Some of the
items listed as required in the NOV are not submitted as part of this packet and I
don't know if that's the applicant being sloppy, or that someone else has the info
we need. Things such as to where will be the debris be removed to and a planting
plan that returns more than grass to zone 1 buffer areas (ie, tree replanting).
The NOV also states specifically that the debris will be removed by hand (no
mechanized equipment), but the application calls for the use of a rubber-track hoe.
Having tried to remove stumps by hand before, they can be nearly impossible if in
the wrong place, but the applicant needs to do a better job explaining why they are
using mechanical equipment when specifically told not to and how they expect to get
it close enough to the stream to be useful without making a bigger mess, including
destroying additional buffer.
There was also no discussion about what was going to be done to get the stream back
into its original channel. The pump-around for the current (to be abandoned)
channel shows water being routed by a hose and I haven't been able to find anything
that assures me that the water will chose to go back to the old/proposed channel
once this debris removal is done.
Maybe they have already addressed these somewhere, but I didn't see in the
application and we need it to be able to have confidence that this restoration is
going to work.
The file is back in your mail box.
Larry
1 of 1 6/11/2006 9:17 AM

Office Use Only: Form Version March 05
0 0 6 0 1
USACE Action ID No. DWQ No. 8 0
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing PA i l A E ,I T
1. Check all of the approval(s) requested for this project: RECEIVED
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP # 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page-,
4), and the project is within a North Carolina Division of Coastal Management_ Area/off
Environmental Concern (see the top of page 2 for further details), check here. =?
Stiff I - 5 7QQv
II. Applicant Information FAY
1. Owner/Applicant Information st " 31
Name: Roe O'Donnell, P.E. Deputy Town Mana eg r/Operations
Mailing Address: Town of Wake Forest
401 Elm Avenue
Wake Forest NC 27587-2932
Telephone Number: [phone] Fax Number: [phone]
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: Steven F. Stokes
Company Affiliation: KCI Associates of North Carolina, P.A.
Mailing Address: Landmark Center II
4601 Six Forks Road Suite 220
Raleigh, NC 27609
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sstokes(a,kci.com
Updated 11/1/2005
Page 5 of 13
I
"% *
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: Dogwood Lane Stream Remediation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1831824794, 1831825687, 1831826526
&1831934728
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Oakwood Estates
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh take US 1
North to NC 98 in Wake Forest, turn right onto NC 98, turn left on Oakwood Drive then
right on Dogwood Lane. Site is between 132 & 124 Dogwood Lane NCDWO Notice of
Violation was mailed to 130 Dogwood Lane.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.9821 N ON 78.5311 W °W
6. Property size (acres): Project straddles various property lines. Project stream is 280 Linear
feet by 4 ft wide
7. Name of nearest receiving body of water: Richland Creek
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/mgps/.)
Updated 11/1/2005
Page 6 of 13
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The west side of the project stream is in a residential
subdivision and the east side is wooded.
10. Describe the overall project in detail, including the type of equipment to be used: Rubber
tracked track hoe and dump truck.
11. Explain the purpose of the proposed work: Remove accumulated sediment from 170 ft of
stream channel and remove 10' of fill composed of wood chips, stumps etc. on a 110 ft
section downstream. Additionally, the flow will be put back in the original stable channel
disrupted by the filling by placing 2-5'x 10' channel blocks in the upstream and downstream
section of the channel formed under the fill.
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 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.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
Updated 11/1/2005
Page 7 of 13
r
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should- be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Remove accumulated sediment
(from 10" to 47" starting at the upstream end) from 170' of stream channel remove debris
fill of wood chips, stumps, etc. on the adjacent 110' downstream section and reopen the
original channel prior to the fill activities. The fill was apparently being _placed periodically
by the landowner to compensate him for the land lost during the 1999 hurricane This fill has
blocked the channel and caused aggradation immediately upstream Additionally, the fill has
caused the stream to abandon its original channel and begin flowing under the fill Two
approximately 5 x 10' channel blocks will be placed at the upstream and downstream ends of
the side channel once the fill is removed to allow the water to again flow into the original
channel. This project will temporarily impact 280' of channel
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding-
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh
,
herbaceous, bog, etc.
) Located within
100-year

Floodplain

(yes/no) Distance to
Nearest

Stream

(linear feet Area of
Impact

(acres)

3

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 lena-tffih X width then divide b 43 560
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
280' Unnamed Trib Excavation I 4' 280 0.029

Updated 11/1/2005
Page 8 of 13
Total Stream Impact (by length and acreage) I 280 I 0.029 I
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the Droiect:
Stream Impact (acres): 0.029
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 2801f
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Updated 11/1/2005
Page 9 of 13
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.
This project is being undertaken to correct a NCDWQ notice of violation. (See attached
NCDWO letter from Merl Nisely, Environmental Spec. III dated March 14, 2006 at 130
Dogwood Lane).
i VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Updated 11/1/2005
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba 15A NCAC
i
Updated 11/1/2005
Page 11 of 13
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify _)? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I Impact I Required
Zone* r , I Multiplier „X:.:_..,__
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
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.
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. Cumulative Impacts (required by DWQ)
i
Updated 11/1/2005
Page 12 of 13
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes El
No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
f May 15 2006
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
y ?
N
w Stream Remediation (280 feet) w?E
1:6,000
KCI S
1 inch equals 500 feet
ASSOCIATES OF NC 500 250 0 500
Source: USGS Topographic Quadrangle Wake Forest m0mmqFeet
7R I H CAROLINA - SHEET NUMBER 10
May 15, 2006
KCI Associates of North Carolina, PA
Landmark Center 11, Suite 220
4601 Six Forks Road
Raleigh, NC 27609-5210
RE: Agent Authorization Form
KCI Job Number 12065194
I, to Q I &-'? , hereby designate and authorize KCI Associates of North Carolina, P.A. to
act in my behalf as my agent to escort the US Army Corps of Engineers and representative
agencies as necessary, onto the site for their evaluation, acceptance, review, and for the
pr cessing of permit applications from this day forward. This /S?? day of
(month), 2006.
Sincerelv,
/? '44--4
Roe O'Donnell, P.E.
Deputy Town Manager/Operations
401 Flm Avenue
Wake Forest, NC 27587-2932
[phone]

/1„ I 4?OF wAT ?RQG
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
March 14, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Paul L. Holloway
130 Dogwood Lane
Wake Forest, NC27587-2740
Subject: Notice of Violation
Removal of Best Usage
Neuse River Buffer
Wake County
Dear Mr. Holloway:
On January 3, 2006, Mr. Michael Horan and Mr. Myrl Nisley from the Raleigh Regional Office
(Surface Water Protection Unit with the Division of Water Quality) conducted a site inspection in response to
an anonymous complaint. The site inspection took place at the location of 130 Dogwood Lane in Wake Forest,
in Wake County. The site visit revealed that the recent cutting of trees within the Neuse River Buffer, fill for
streambank stabilization and un-authorized fill within waters of the State and the US has constituted a Notice of
Violation.
During the on -site inspection Mr. Michael Horan and Mr. Myrl Nisley, took photographs, made visual
observations and noted unauthorized impacts to streams and riparian (streamside) buffers, located on the subject
tract.
The subject site inspections revealed violations and/or merit additional information requests for the
following items: 1) Removal of Use 2) Neuse River Buffer
Item I. Preclusion of Best Usage
A DWQ site visit dated January 3, 2006, confirmed that unauthorized fill has entered into the.unnamed
tributary to Richland Creek. The recent activity has resulted in the filling approximately 60 linear feet of the
stream floor bed with large woody debris, and the placement wooded debris along the stream banks.(15A
NCAC 2B.0211 (2) explains the conditions related to best usage).
Item II. Neuse River Riparian Buffers
The Neuse River Basin is a river basin that is subject to riparian (streamside) buffer rules. The purposes
of these rules are to protect and preserve riparian buffers in the Neuse River Basin. That is, these rules help to
maintain the nutrient removal functions of the streamside areas necessary to protect surface waters.
Specifically, this Rule applies to the 50-foot wide riparian buffer directly adjacent to surface waters
(intermittent streams, perennial streams, lakes, ponds, and estuaries). Further, the protected riparian buffer has
two zones as follows: (a) Zone 1 [measured from stream bank landward for 30 feet] shall consist of a vegetatec}vo;ihCarolir
area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B.0233, and (b) ZonalVattu'i1!lb
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 2
t r r 130 Dogwood Lane
3113106
2 [the outer 20 feet, landward from the outer 30 foot edge of zone I] shall consist of stable vegetated area that is
undisturbed except for activities and uses provided for in Subparagraphs (4) and (6) of 15A NCAC 2B.0233.
The site visit and file review confirmed that no Pre-Construction Notification was received for this project
and that riparian buffer impacts associated with clearing of vegetation, grading and grubbing were not
authorized by DWQ. Specifically, no request, or a DWQ practical alternative determination, variance or
authorization had been issued for these impacts to the riparian zone. As a result, the following riparian buffer
rule violations are noted:
Neuse River Buffer Rule15A NCAC 2B .0233 Deposition of fill, grading, grubbing and the respective
clearing of vegetation has occurred in the riparian zone, (a violation of the requirement that Zone 1 and Zone 2
consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6) of
the Rule). No variance or Practical Alternative Request was received prior to the Riparian Zone impacts.
This Office requires that violations, as detailed above, be abated immediately. These violations and any
future violations could be subject to civil penalty assessments of up to $25,000.00 per day for each violation.
This Office requests that you respond to this letter, in writing, within 20 days of receipt of this Notice. Your
response should address the following items:
1. Please explain when construction (grading and clearing) began at the site.
2. Please provide a site plan (showing existing lot layout) at a scale of no more thanl inch= 50 feet.
3. Please depict stream and Neuse River Riparian Buffer on site plan.
4. Please depict areas of impact to stream and Neuse River Riparian Buffer. Stream should be measured
in linear feet and the Riparian Buffer should be measured in square footage.
5. Please indicate what areas are to have the wooded debris removed and provide a planting plan for the
impacted area
6. Please explain why appropriate 401 Water Quality Certification and a 404 Permits were not secured.
With respect to your restoration plan the following components will be required as a minimum:
• Please provide a restoration plan detailing where the wooded debris is presently located and how material
will be removed from both streambank, streamside riparian buffer and from the stream itself. This information
should be depicted on a map you provide.
• The wooded debris is to be removed by hand (using mechanized equipment is not allowed) and should be
placed in uplands outside of any riparian zone and floodplain. Please indicate in your response a schedule with
dates detailing when this will be accomplished.
Thank you for your attention to this matter. This Office requires that violations, as detailed above, be
abated immediately. These violations and any future violations could be subject to civil penalty assessments of
up to $25,000.00 per day for each violation. This Office requests that you respond to this letter, in writing,
within 20 days of receipt of this Notice. Should you have any questions regarding these matters, please contact
me at [phone].
\ NA T fiRQ Michael F. Easley, Governor
William G. Ross, Jr., Secretary
cor North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E., Director
Division of Water Quality
May 26, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
wi
Mr. Paul L. Holloway
128 Dogwood Lane
Wake Forest, NC 27587-2740 .0 Z-4
r.
Subject: Notice of Violation cc.
S
Removal of Best Usage ?g
Neuse River Buffer r
Wake County
Dear Mr. Holloway:
On January 3, 2006, Mr. Michael Horan and Mr. Myrl Nisley from the Raleigh Regional Office
(Surface Water Protection Unit with the Division of Water Quality) conducted a site inspection in response to
an anonymous complaint. The site inspection took place at the location of 130 Dogwood Lane in Wake Forest,
in Wake County. The site visit revealed that the recent cutting of trees within the Neuse River Buffer, fill for
streambank stabilization and un-authorized fill within waters of the State and the US has constituted a Notice of
Violation.
During the on -site inspection Mr. Michael Horan and Mr. Myrl Nisley, took photographs, made visual
observations and noted unauthorized impacts to streams and riparian (streamside) buffers, located on the subject
tract.
On March 16`s, 2006, the Raleigh Regional Office sent a Notice of Violation to 130 Dogwood Lane to
the attention of Mr. Paul Holloway. On March 27 h, 2006, the Raleigh Regional Office received the sent Notice
of Violation due to "no such number/street".
On May 25`h, 2006, Mr. Myrl Nisley conducted a follow-up visit and noticed that there has been more
activity within the buffer (i.e. placement of fill)
The subject site inspections revealed violations and/or merit additional information requests for the
following items: 1) Removal of Use 2) Neuse River Buffer
Item I. Preclusion of Best Usage
A DWQ site visit dated January 3, 2006, confirmed that unauthorized fill has entered into the unnamed
tributary to Richland Creek. The recent activity has resulted in the filling approximately 60 linear feet of the
stream floor bed with large woody debris, and the placement wooded debris along the stream banks.(15A
NCAC 2B.0211 (2) explains the conditions related to best usage).
Item H. Neuse River Riparian Buffers
The Neuse River Basin is a river basin that is subject to riparian (streamside) buffer rules. The purposes
of these rules are to protect and preserve riparian buffers in the Neuse River Basin. That is, these rules help to
lvone
;t rwj
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service Qt1lJ
Internet; h2o.enr.state.nc us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2 of 2
128 Dogwood Lane
5/26/06
maintain the nutrient removal functions of the streamside areas necessary to protect surface waters.
Specifically, this Rule applies to the 50-foot wide riparian buffer directly adjacent to surface waters
(intermittent streams, perennial streams, lakes, ponds, and estuaries). Further, the protected riparian buffer has
two zones as follows: (a) Zone 1 [measured from stream bank landward for 30 feet] shall consist of a vegetated
area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B.0233, and (b) Zone
2 [the outer 20 feet, landward from the outer 30 foot edge of zone I] shall consist of stable vegetated area that is
undisturbed except for activities and uses provided for in Subparagraphs (4) and (6) of 15A NCAC 2B.0233.
The site visit and file review confirmed that no Pre-Construction Notification was received for this project
and that riparian buffer impacts associated with clearing of vegetation, grading and grubbing were not
authorized by DWQ. Specifically, no request, or a DWQ practical alternative determination, variance or
authorization had been issued for these impacts to the riparian zone. As a result, the following riparian buffer
rule violations are noted:
Neuse River Buffer Rule15A NCAC 2B .0233 Deposition of fill, grading, grubbing and the respective
clearing of vegetation has occurred in the riparian zone, (a violation of the requirement that Zone 1 and Zone 2
consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6) of
the Rule). No variance or Practical Alternative Request was received prior to the Riparian Zone impacts.
This Office requires that violations, as detailed above, be abated immediately. These violations and any
future violations could be subject to civil penalty assessments of up to $25,000.00 per day for each violation.
This Office requests that you respond to this letter, in writing, within 20 days of receipt of this Notice. Your
response should address the following items:
1. Please explain when construction (grading and clearing) began at the site.
2. Please provide a site plan (showing existing lot layout) at a scale of no more thanl inch= 50 feet.
3. Please depict stream and Neuse River Riparian Buffer on site plan.
4. Please depict areas of impact to stream and Neuse River Riparian Buffer. Stream should be measured
in linear feet and the Riparian Buffer should be measured in square footage.
5. Please indicate what areas are to have the wooded debris removed and provide a planting plan for the
impacted area.
a.) Riparian zone planting: A planting plan must be developed and implemented in order to ensure that
at least two native tree species be planted at a density sufficient to provide 320 trees per acre at
maturity. This density is usually achieved by planting approximately 436 trees/acre on a 10 x 10 ft.
grid or 681 trees/acre on a 8 x 8 ft. grid. Please see the. Guidelines for Riparian Buffer Restoration
(January 2001) for assistance in developing your plan (http://www.nceep.net/pages/links.htm). This
plan must include the types of native woody vegetation selected, methodology of planting, and a
site map indicating the location of the replanting efforts. The rule requires that Zone 1 of the buffer
consist of undisturbed forest vegetation. The rules allow for Zone 2 to be managed vegetation.
In addition, DWQ requests that at least 20% of the trees planted be balled and burlapped, 1.5 - 2.0-
inch caliper nursery stock, to provide variation in the size of the trees in the restoration area.
b.) Your plan should include provisions for periodic monitoring of the riparian zone to ensure that the
vegetation is established and no gullies or rills have formed
c.) Please indicate in your response a detailed schedule with dates explaining when the restoration will
be accomplished. As a part of this schedule you should detail/include a three-year monitoring plan.
6. Please explain why annronriate 401 Water Oualitv Certification and a 404 Permits were not secured.
Page 3 of 3
128 Dogwood Lane
5126106
With respect to your restoration plan the additional following components will be required as a
minimum:
• Please provide a restoration plan detailing where the wooded debris is presently located and how material
will be removed from both streambank, streamside riparian buffer and from the stream itself. This information
should be depicted on a map you provide.
• The wooded debris is to be removed by hand (using mechanized equipment is not allowed) and should be
placed in uplands outside of any riparian zone and floodplain. Please indicate in your response a schedule with
dates detailing when this will be accomplished.
Thank you for your attention to this matter. This Office requires that violations, as detailed above, be
abated immediately. These violations and any future violations could be subject to civil penalty assessments of
up to $25,000.00 per day for each violation. This Office requests that you respond to this letter, in writing,
within 20 days of receipt of this Notice. Should you have any questions regarding these matters, please contact
me at [phone].
Acting Surface Water Pry
Raleigh Regional
cc: NPS `Assistance & Compliance Oversight Unit - Danny Smith 1617 MSC, Raleigh, NC 27699-1617
Holly Spring, Town of Wake Forest, 401 Elm Street, Wake Forest, NC 27587
Monte Matthews -US Army Corps of Engineers, Raleigh Regulatory Office
Cyndi Karoly-Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Central Files
File Copy
STATE OF NORTH CAROLINA
TOWN OF WAKE FOREST
WAKE COUNTY
LOCATION: DOGWOOD LANE
WAKE FOREST, NORTH CAROLINA
VICINITY MAP
NOT TO SCALE
TYPE OF WORK STREAM REMEDIATION
rtan nre a .eu ram ra ?*
.C. 17581 .1
A SUBMISSION FOR APPROVAL 0606
REVISIONS

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EXISTING ELEVATION = 500.8
CROSS-SECTION 2
EXISTING ELEVATION = 500.3
PROPOSED ELEVATION = 499.5
REMOVE APPROX. 10" OF SEDIMENT
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TYPICAL CROSS-SECTIONS
SEDIMENT REMOVAL
EXISTING ELEVA
PROPOSED ELEVATI(,- -1.,
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UTILITY/SUBSURFACE PLANS:
NO SUBSURFACE PLANS ARE AVAILABLE
ON THIS PROJECT. THE POTENTIAL FOR
EXISTING UNDERGROUND UTILITIES HAS
NOT BEEN VERIFIED. THE TOWN SHALL
CONTACTA UTILITY LOCATOR TO
DETERMINE THE EXACT LOCATION
OF ANY UTILITIES PRIOR TO EXCAVATING
MATERIAL IN THE PROJECT REACH.
A
KCI 96 - REBAR AND CAP
N = 50187.341
E = 49741.988
ELEV. = 532.14
NOTE:
THE TWF SHALL APPLY TOPSOIL
SUFFICIENT TO PROMOTE VEGETATION
ESTABLISHMENTIN GRADED AREAS.
THE SUBGRADE CONDITIONS ARE NOT
KNOWN. THE REMOVAL OF STUMPS, LOGS,
AND OTHER WASTE MATERIALS MAY
NECESSITATE SOME FINE GRADING AND
ADDITION OF CLEAN BACKFILL MATERIAL
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EXISTING MAJOR CONTOURS ...................... - - - -
EXISTING MINOR CONTOURS ...................... ----
PROPOSED MAJOR CONTOURS .................... --
PROPOSED MINOR CONTOURS .....................
EXISTING THALWEG THROUGH DEBRIS .............. - -
PROPOSEDIREMNANTTHALWEG------------------
RELOCATED THALWEG ............................ .- -
TYPICAL CROSS SECTION LOCATIONS ............... - 0
EXISTING WOODEN FENCE ........................ -x-
/
/
EXISTING FENCE '
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2 I I I ff
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TIE PROPOSED GRADE I I I I I 1 I 1 I j I JI /
LINES TO GRADING AT 1 1 1 1 1 1 1 1 1 „'/ /'/ / \ \ / f
TYPICAL CROSS-SECTIONS / I I I I I I 11 i/ '/ /' 1
INSTALL CHANNEL BLOCK
STRUCTURES.
REFER TO SHEET 2
RELOCATED KEACH\\ l1 I I
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THE TWF SHALL USE THE FOLLOWING SEEDIFERTILIZER MIX
IN SEEDING ALL DISTURBED AREAS WITHIN THE PROJECT LIMITS: r
PEARL MILLET 20LBS.IACRE
ANNUAL RYE 10LBS./ACRE
FERTILIZER 500LBS./ACRE
LIMESTONE 4000LBS./ACRE
PERMANENT SEED MIX N
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THE TWF SHALL ALSO UTILIZE THE FOLLOWING S2
PERMANENT SEED MIX APPLICATION RATE (IN MIX)
SPECIES %OFMIX LBSJACRE
ORCHARDGRASS-DACTYUSGLOMERATA 5 1.5 0 s
BLUESTEM-ANDROPOGONGLOMERATUS 5 1.5
VIRGINIAWILDRYE - ELYMUSVIRGINICUS 5 1.5
RIVER OATS - CHASMANTHIUMLATIFOLIUM 5 1.5 2
PURPLE LOVE GRASS -ERAGROSTIS SPECTABIUS 5 1.5 2
DEERTONGUE - PANICUMCLANDESTINUM 25 7.5 N
SW ITCHGRASS-PANICUMVIRGATUM 25 7.5
PEARL MILLET -PENNISETUMGLAUCOMA 25 7.5 "
TOTALS 100 30 a I
FERTILIZER AND LIMESTONE SHALL BE APPLIED AT THE RATE
OF 500LBS./ACRE AND 4000LBS.IACRE, RESPECTIVELY.
FERTILIZER SHALL BE 10.20-20 ANALYSIS.
MULCHING o
SEEDED AREAS ARE TO BE PROTECTED BY SPREADING ?? 44
STRAW MULCH UNIFORMLY TO FORM A CONTINUOUS
-f'iL7??:KET j7$;oY'.OVERAGE = 2 Tf.!tS1ACRErU: ?'
SEEDED AREAS. THE TWF MAY ALSO UTILIZES
ALTERNATE METHODS OF SEED, FERTILIZER AND LIMING I 3a
(HYDRO-SEEDING) AS LONG AS THE APPLICATION IS
EQUIVALENT TO THIS PROPOSED METHOD.
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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
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Paul L. Holloway
130 Dogwood Lane
Wake Forest, NC27587-2740
March 14, 2006
Subject: Notice of Violation
Removal of Best Usage
Neuse River Buffer
Wake County
Dear Mr. Holloway: 71
R? .
A
On January 3, 2006, Mr. Michael Horan and Mr. Myrl Nisley from the Raleigh Regional Office
(Surface Water Protection Unit with the Division of Water Quality) conducted a site inspection in response to
an anonymous complaint. The site inspection took place at the location of 130 Dogwood Lane in Wake Forest,
in Wake County. The site visit revealed that the recent cutting of trees within the Neuse River Buffer, fill for
streambank stabilization and un-authorized fill within waters of the State and the US has constituted a Notice of
Violation.
During the on -site inspection Mr. Michael Horan and Mr. Myrl Nisley, took photographs, made visual
observations and noted unauthorized impacts to streams and riparian (streamside) buffers, located on the subject
tract.
The subject site inspections revealed violations and/or merit additional information requests for the
following items: 1) ReTnoval of Use 2) Neuse River Buffer
Item I. Preclusion of Best Usage
A DWQ site visit dated January 3, 2006, confirmed that unauthorized fill has entered into the unnamed
tributary to Richland Creek. The recent activity has resulted in the filling approximately 60 linear feet of the
stream floor bed with large woody debris, and the placement wooded debris along the stream banks.(15A
NCAC 2B.0211 (2) explains the conditions related to best usage).
Item II. Neuse River Riparian Buffers
The Neuse River Basin is a river basin that is subject to riparian (streamside) buffer rules. The purposes
of these rules are to protect and preserve riparian buffers in the Neuse River Basin. That is, these rules help to
maintain the nutrient removal functions of the streamside areas necessary to protect surface waters.
Specifically, this Rule applies to the 50-foot wide riparian buffer directly adjacent to surface waters
(intermittent streams, perennial streams, lakes, ponds, and estuaries). Further, the protected riparian buffer has
two zones as follows: (a) Zone 1 [measured from stream bank landward for 30 feet] shall consist of a vegetates ??°°,;;ettttttCa
area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B.0233, and (b) ZoneNattlr,
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2 of 2
130 Dogwood Lane
3/13/06
2 [the outer 20 feet, landward from the outer 30 foot edge of zone 1] shall consist of stable vegetated area that is
undisturbed except for activities and uses provided for in Subparagraphs (4) and (6) of 15A NCAC 213.0233.
The site visit and file review confirmed that no Pre-Construction Notification was received for this project
and that riparian buffer impacts associated with clearing of vegetation, grading and grubbing were not
authorized by DWQ. Specifically, no request, or a DWQ practical alternative determination, variance or
authorization had been issued for these impacts to the riparian zone. As a result, the following riparian buffer
rule violations are noted:
Neuse River Buffer Rule15A NCAC 2B.0233 Deposition of fill, grading, grubbing and the respective
clearing of vegetation has occurred in the riparian zone, (a violation of the requirement that Zone 1 and Zone 2
consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6) of
the Rule). No variance or Practical Alternative Request was received prior to the Riparian Zone impacts.
This Office requires that violations, as detailed above, be abated immediately. These violations and any
future violations could be subject to civil penalty assessments of up to $25,000.00 per day for each violation.
This Office requests that you respond to this letter, in writing, within 20 days of receipt of this Notice. Your
response should address the following items:
1. Please explain when construction (grading and clearing) began at the site.
2. Please provide a site plan (showing existing lot layout) at a scale of no more than 1 inch= 50 feet.
3. Please depict stream and Neuse River Riparian Buffer on site plan.
4. Please depict areas of impact to stream and Neuse River Riparian Buffer. Stream should be measured
in linear feet and the Riparian Buffer should be measured in square footage.
5. Please indicate what areas are to have the wooded debris removed and provide a planting plan for the
impacted area
6. Please explain why appropriate 401 Water Quality Certification and a 404 Permits were not secured.
With respect to your restoration plan the following components will be required as a minimum:
• Please provide a restoration plan detailing where the wooded debris is presently located and how material
will be removed from both streambank, streamside riparian buffer and from the stream itself. This information
should be depicted on a map you provide.
• The wooded debris is to be removed by hand (using mechanized equipment is not allowed) and should be
placed in uplands outside of any riparian zone and floodplain. Please indicate in your response a schedule with
dates detailing when this will be accomplished.
Thank you for your attention to this matter. This Office requires that violations, as detailed above, be
abated immediately. These violations and any future violations could be subject to civil penalty assessments of
up to $25,000.00 per day for each violation. This Office requests that you respond to this letter, in writing,
within 20 days of receipt of this Notice. Should you have any questions regarding these matters, please contact
me at [phone].
Page 3 of 3
130 Dogwood Lane
3/13/06
Sincerely
Myr Nisely
Environmental Spec. III
Acting Surface Water Protection Supervisor
cc: ?NPS Assistance & Compliance Oversight Unit - Danny Smith 1617 MSC, Raleigh, NC 27699-1617
Holly Spring, Town of Wake Forest, 401 Elm Street, Wake Forest, NC 27587
Monte Matthews -US Army Corps of Engineers, Raleigh Regulatory Office
Cyndi Karoly-Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Central Files
File Copy

ENGINEERS • SURVEYORS • SCIENTISTS • CONSTRUCTION MANAGERS
LANDMARK CENTER II • SUITE 220 ' 4601 SIX FORKS ROAD • RALEIGH • NC 27609 • 919-783-9214 • (FAX) 919-783-9266
May 30, 2006
PAYMENT
ENT
RECEIVED
Attn: Cyndi Karoly, Supervisor
O(a-o$1 0
NC Division of Water Quality
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Dogwood Lane Stream Remediation
Application Permitting Fee
Filename: 060810DogwoodLnStreamRestoration(Wake)_Fee request
Enclosed is a revised check for $475.00 for the Dogwood Lane project as requested. The Town
of Wake Forest is very interested in pursuing this project since it will repair the stream. Please if
there is any additional correspondence needed, call my cell [phone] or office (919) 783-
9214 x 187. I will be glad to pick the correspondence up from your office to prevent delays.
Sincerely,
Steven F. Stokes
Environmental Scientist
Attachments: I
KCI ASSOCIATES OF NORTH CAROLINA, P.A.
C C?CP.0dL? p
D
MAY 9 0 2006
DENR - WATER QUALITY
WETLANDS AND STOFMATER BRANCH
www.kcl.COM
`? ? o f WA
TFR
i `O? 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
May 16, 2006
DWQ 9 06-0810
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Town of Wake Forest
Attn: Roe O'Donnell
401 Elm Avenue
Wake Forest, North Carolina
Subject Property: Dogwood Lane Stream Restoration
Application Permitting Fee
REQUEST FOR MORE INFORMATION
Dear Mr./Ms. O'Donnell:
On May 15, 2006 the Division of Water Quality (DWQ) received your application dated May 15, 2006, to
impact 280 feet of an intermittent stream. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Please provide the following information so that we may set up and review your
project.
Additional Information Requested:
1. Application Permitting Fee
You have proposed impacts to an intermittent stream totaling 280 If Please note that beginning
January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all
401 applications. The fee for applications is $200 for projects impacting less than an acre of
wetland and less than 150 linear feet of streams. For projects impacting one or more acres of
wetland or 150 or more feet of streams, the fee is $475. We are returning your check for fee
correction.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing. If we do not
hear from you within three weeks, we will assume that you no longer want to pursue this project and we
will consider the project as withdrawn.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
or One
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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 Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
lr?7r
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Ijd
Enclosures: Check #1183 for $200
cc: KCI Associates of NC, Steven Stokes, Landmark Center H, 4601 Six Forks Road, Ste 220,
Raleigh, NC 27609
File Copy + Check Copy
Central File + Check Copy
Filename: 060810DagwoodLnStreamRestoratiou(Wake)_Fee request
KCI
TECHNOLOGIES
Transmittal Letter
ENGINEERS ? SURVEYORS ? SCIENTISTS ? CONSTRUCTION MANAGERS
LANDMARK CENTER II, SUITE 220 ? 4601 SIX FORKS ROAD ? RALEIGH, NC 27609 ? 919-783-9214 • (FAX) 919-783-9266
° L
° ? PAYMENT
Date: May 30, 2006 RECEIVED
Company: North Carolina Division of Water Project: Dogwood Lane Stream
Quality Remediation
Contact: Mrs. Cyndi Karoly Subject: 401 Permit Application
s > h
I
Check for $475.00
? In accordance with your request ® For your use/files
? For your review ? Please call when ready
® For processing ? Please return to this office
? Plans reviewed and accepted ? Approval requested
? Plans reviewed and accepted as noted ? Conference requested
? For revision by you at your convenience
Comments: Please call if you have any questions. I can be reached at [phone] ext.
187.
_. .__ .... ............. _................ ........__.... _ ....... ..................... .. ....... _._..... ....... .......
F@[9074 R
MAY 8 0 2006
DENR - WATER QUALITY
1h'ETIANDS AND STCIRMV AMR BRANCH
4:a? E_ Aq6_=
Steven F. Stokes, LSS
Environmental Scientist
cc: File
KCI TECHNOLOGIES, INC. www.kci.com
Employee-Owned Since 1988
c
O?OF NNA TFROG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q ^? Alan W. Klimek, P.E. Director
Division of Water Quality
May 16, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Town of Wake Forest
Attn: Roe O'Donnell
401 Elm Avenue
Wake Forest, North Carolina
Subject Property: Dogwood Lane Stream Restoration
Application Permitting Fee
REQUEST FOR MORE INFORMATION
Dear Mr./Ms. O'Donnell:
DWQ # 06-0810
Wake County
I A ?1'E1 T
RECEi,4CE D
On May 15, 2006 the Division of Water Quality (DWQ) received your application dated May 15, 2006, to
impact 280 feet of an intermittent stream. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Please provide the following information so that we may set up and review your
project.
Additional Information Requested:
1. Application Permitting Fee
You have proposed impacts to an intermittent stream totaling 280 If. Please note that beginning
January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all
401 applications. The fee for applications is $200 for projects impacting less than an acre of
wetland and less than 150 linear feet of streams. For projects impacting one or more acres of
wetland or 150 or more feet of streams, the fee is $475. We are returning your check for fee
correction.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing. If we do not
hear from you within three weeks, we will assume that you no longer want to pursue this project and we
will consider the project as withdrawn.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Noy` Carolina
Natun"I'm
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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 Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyn i Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Ijd
Enclosures: Check 41183 for $200
cc: KCI Associates of NC, Steven Stokes, Landmark Center II, 4601 Six Forks Road, Ste 220,
Raleigh, NC 27609
File Copy + Check Copy
Central File + Check Copy
Filename: 060810DogwoodLnStreamRestoration(Wake)_Fee request
aX

Transmittal Letter
ENGINEERS ? SURVEYORS ? SCIENTISTS ? CONSTRUCTION MANAGERS
LANDMARK CENTER II, SUITE 220 ? 4601 SIX FORKS ROAD ? RALEIGH, NC 27609 ? 919-783-9214 ? (FAX) 919-783-9266
Date: May 15, 2006
Company: US Army Corps of Engineers,
Raleigh Regulatory Field Office
Contact: Monty Matthews
7777- 771
'., ,s rP -41
PCN Application and Supporting Documentation

? In accordance with your request
? For your review
® For processing
? Plans reviewed and accepted
? Plans reviewed and accepted as noted
? For revision by you
20080810
Project: Dogwood Lane Stream
Remediation
Pj?Ynn?, IT
Subject: 404 Permit Application RECEIVED
? For your use/files
? Please call when ready
? Please return to this office
? Approval requested
? Conference requested
at your convenience
Comments: Please call if you have any questions. I can be reached at [phone] ext.
187.
...... _.... ..... __ ....... . ......._................................... ................... ............ ................. _.........._...................................................._................................................._..........................--....................................................................................._..._...................._......................
U
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MAY ? ? 20(16
f s:,'it a'ti' rt R QUALITY ?IT`f?>,
D ,TE R PQQ ?, t?
S even F. Stokes, LSS
Soil Scientist
cc: File
KCI TECHNOLOGIES, INC. www.kci.com
Employee-Owned Since 1988
STATE OF NORTH CAROLINA
TOWN OF WAKE FOREST
WAKE COUNTY
LOCATION: DOGWOOD LANE
WAKE FOREST, NORTH CAROLINA
VICINITY MAP
NOT TO SCALE
TYPE OF WORK STREAM REMEDIATION
rtan nre a .eu ram ra ?*
.C. 17581 .1
A SUBMISSION FOR APPROVAL 0606
REVISIONS

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7 DETADS: S7RE4M REMIDIAnON
7.A DErABS: CROSS TF=0.YS (SEDAffX7 REMOVAL)
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(SEDIMENT REMOVAL)
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GRAPHIC SCALES
-20 -10 0 20 40
PLANS
PROJECT LENGTH
REMEDMON LENGTH = 280 FEET
Prewed in ft Orfroe d:
ICI Associates
of North Carolina, P.A.
??? SUITE 220 EAPOUAFII CENTER F.4601SOI FORKS RO„RALEIGN N:
ENCPIEFAS-PLANNERS ° ECOLOGISTS
PROJECT START DATE: I PRCJ=ENOLN7MR
PROJECT ENGDLUR
Preporad for,
,, ?Fore
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Town of Wake Forest
401 EM Avenue
Wake Foreet,NOrth Carollno 27587
98-554-6100
P-a
CROSS-SECTION 1 (1)
EXISTING ELEVATION = 500.8
CROSS-SECTION 2
EXISTING ELEVATION = 500.3
PROPOSED ELEVATION = 499.5
REMOVE APPROX. 10" OF SEDIMENT
DOGWOOD LANE STREAM REMEDIATION
TYPICAL CROSS-SECTIONS
SEDIMENT REMOVAL
EXISTING ELEVA
PROPOSED ELEVATI(,- -1.,
REMOVE APPROX. 47" OF SEDIMENT/DEBRIS
CROSS-SECTION 3 0
EXISTING ELEVATION = 499.9
PROPOSED ELEVATION—A93.4
REMOVE APPROX. 18" OF SEDIMENT
CROSS-SECTION 4 @
-4 -2 0 4 8
GRAPHIC SCALE
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UTILITY/SUBSURFACE PLANS:
NO SUBSURFACE PLANS ARE AVAILABLE
ON THIS PROJECT. THE POTENTIAL FOR
EXISTING UNDERGROUND UTILITIES HAS
NOT BEEN VERIFIED. THE TOWN SHALL
CONTACTA UTILITY LOCATOR TO
DETERMINE THE EXACT LOCATION
OF ANY UTILITIES PRIOR TO EXCAVATING
MATERIAL IN THE PROJECT REACH.
A
KCI 96 - REBAR AND CAP
N = 50187.341
E = 49741.988
ELEV. = 532.14
NOTE:
THE TWF SHALL APPLY TOPSOIL
SUFFICIENT TO PROMOTE VEGETATION
ESTABLISHMENTIN GRADED AREAS.
THE SUBGRADE CONDITIONS ARE NOT
KNOWN. THE REMOVAL OF STUMPS, LOGS,
AND OTHER WASTE MATERIALS MAY
NECESSITATE SOME FINE GRADING AND
ADDITION OF CLEAN BACKFILL MATERIAL
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LEGEND
EXISTING MAJOR CONTOURS ...................... - - - -
EXISTING MINOR CONTOURS ...................... ----
PROPOSED MAJOR CONTOURS .................... --
PROPOSED MINOR CONTOURS .....................
EXISTING THALWEG THROUGH DEBRIS .............. - -
PROPOSEDIREMNANTTHALWEG------------------
RELOCATED THALWEG ............................ .- -
TYPICAL CROSS SECTION LOCATIONS ............... - 0
EXISTING WOODEN FENCE ........................ -x-
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STRUCTURES.
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THE TWF SHALL USE THE FOLLOWING SEEDIFERTILIZER MIX
IN SEEDING ALL DISTURBED AREAS WITHIN THE PROJECT LIMITS: r
PEARL MILLET 20LBS.IACRE
ANNUAL RYE 10LBS./ACRE
FERTILIZER 500LBS./ACRE
LIMESTONE 4000LBS./ACRE
PERMANENT SEED MIX N
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THE TWF SHALL ALSO UTILIZE THE FOLLOWING S2
PERMANENT SEED MIX APPLICATION RATE (IN MIX)
SPECIES %OFMIX LBSJACRE
ORCHARDGRASS-DACTYUSGLOMERATA 5 1.5 0 s
BLUESTEM-ANDROPOGONGLOMERATUS 5 1.5
VIRGINIAWILDRYE - ELYMUSVIRGINICUS 5 1.5
RIVER OATS - CHASMANTHIUMLATIFOLIUM 5 1.5 2
PURPLE LOVE GRASS -ERAGROSTIS SPECTABIUS 5 1.5 2
DEERTONGUE - PANICUMCLANDESTINUM 25 7.5 N
SW ITCHGRASS-PANICUMVIRGATUM 25 7.5
PEARL MILLET -PENNISETUMGLAUCOMA 25 7.5 "
TOTALS 100 30 a I
FERTILIZER AND LIMESTONE SHALL BE APPLIED AT THE RATE
OF 500LBS./ACRE AND 4000LBS.IACRE, RESPECTIVELY.
FERTILIZER SHALL BE 10.20-20 ANALYSIS.
MULCHING o
SEEDED AREAS ARE TO BE PROTECTED BY SPREADING ?? 44
STRAW MULCH UNIFORMLY TO FORM A CONTINUOUS
-f'iL7??:KET j7$;oY'.OVERAGE = 2 Tf.!tS1ACRErU: ?'
SEEDED AREAS. THE TWF MAY ALSO UTILIZES
ALTERNATE METHODS OF SEED, FERTILIZER AND LIMING I 3a
(HYDRO-SEEDING) AS LONG AS THE APPLICATION IS
EQUIVALENT TO THIS PROPOSED METHOD.
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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. ? 8
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
PA,1'"11 EN1T
1. Check all of the approval(s) requested for this project: RE CE I V E D
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP # 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Vla age _ent -,Area -of 4 ?;
Environmental Concern (seethe top of page 2 for further details), chec ere L: 4 ° /
II. Applicant Information ?1 AY) 1 Cl Ci Q
1. Owner/Applicant Information
Name: Roe O'Donnell, P.E. Deputy Town Manager/Operations
Mailing Address: Town of Wake Forest
401 Elm Avenue
Wake Forest, NC 27587-2932
Telephone Number: [phone] Fax Number: [phone]
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: Steven F. Stokes
Company Affiliation: KCI Associates of North Carolina, P.A.
Mailing Address: Landmark Center II
4601 Six Forks Road, Suite 220
Raleigh NC 27609
Telephone Number:_ [phone] Fax Number:_ [phone]
E-mail Address:_ sstokes(&kci.com
Updated 11/1/2005
Page 5 of 13
J?k, ,
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: Dogwood Lane Stream Remediation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1831824794, 1831825687, 1831826526
&1831934728
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Oakwood Estates
Directions to site (include road numbers/names, landmarks, etc.):From Raleigh take US 1
North to NC 98 in Wake Forest, turn right onto NC 98, turn left on Oakwood Drive. then
right on Dogwood Lane. Site is between 132 & 124 Dogwood Lane NCDWO Notice of
Violation was mailed to 130 Dogwood Lane.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.9821 N ON 78.5311 W °W
6. Property size (acres): Project straddles various property lines. Project stream is 280 Linear
feet by 4 ft wide
7. Name of nearest receiving body of water: Richland Creek
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/.)
Updated 11/1/2005
Page 6 of 13
i
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The west side of the project stream is in a residential
subdivision and the east side is wooded.
10. Describe the overall project in detail, including the type of equipment to be used: Rubber
tracked track hoe and dump truck.
11. Explain the purpose of the proposed work: Remove accumulated sediment from 170 ft of
stream channel and remove 10' of fill composed of wood chips stumps etc on a 110 ft
section downstream. Additionally the flow will be put back in the original stable channel
disrupted by the filling by placing 2-5'x 10' channel blocks in the upstream and downstream
section of the channel formed under the fill.
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 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.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
Updated 11/1/2005
Page 7 of 13
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Remove accumulated sediment
(from 10" to 47" starting at the upstream end) from 170' of stream channel remove debris
fill of wood chips, stumps, etc. on the adjacent 110' downstream section and reopen the
original channel prior to the fill activities The fill was apparently being placed periodically
by the landowner to compensate him for the land lost during the 1999 hurricane This fill has
blocked the channel and caused aggradation immediately upstream Additionally the fill has
caused the stream to abandon its original channel and begin flowing under the fill Two
approximately 5 x 10' channel blocks will be placed at the upstream and downstream ends of
the side channel once the fill is removed to allow the water to again flow into the original
channel. This project will temporarily impact 280' of channel
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and flood' a.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
Floodplain
(odpla Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiDly length X width. then divide by 43.560_
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
280' Unnamed Trib Excavation 1 4' 280 0.029

Updated 11/1/2005
Page 8 of 13
C
Total Stream Impact (by length and acreage) 1 280 I 0.029
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill- excavation- dreduinu flnndino drainaQP h„ lkheade Ptn
Open Water Impact
Site Number
(indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List t
tie cumulative impact to all Waters of the U.S. resultinji from the nroiect:
Stream Impact (acres): 0.029
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 2801f
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
i
Updated 11/1/2005
Page 9 of 13
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.
This project is being undertaken to correct a NCDWQ notice of violation (See attached
NCDWQ letter from Myrl Nisely Environmental Spec III dated March 14, 2006 at 130
Dogwood Lane).
,VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Updated 11/1/2005
Page 10 of 13

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba 15A NCAC
Updated 11/1/2005
Page 11 of 13
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I I Required
Zone* I Impact Multiplier
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
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.
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. Cumulative Impacts (required by DWQ)
Updated 11/1/2005
Page 12 of 13
• ' r
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality. Yes El No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
I
May 15 2006
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
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May 15, 2006
KCI Associates of North Carolina, PA
Landmark Center 11, Suite 220
4601 Six Forks Road
Raleigh, NC 27609-5210
RE: Agent Authorization Form
KCI Job Number 12065194
I, /l4Q, hereby designate and authorize KCI Associates of North Carolina, P.A. to
act in my behalf as my agent to escort the US Army Corps of Engineers and representative
agencies as necessary, onto the site for their evaluation, acceptance, review, and for the
pr cessing of permit applications from this day forward. This day of
(month), 2006.
Sincerelv,
i
Roe O'Donnell, P.E.
Deputy Town Manager/Operations
401 Elm Avenue
Wake Forest, NC 27587-2932
[phone]
A T ?9QG
March 14, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Paul L. Holloway
130 Dogwood Lane
Wake Forest, NC27587-2740
Subject: Notice of Violation
Removal of Best Usage
Neuse River Buffer
Wake County
Dear Mr. Holloway:

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
On January 3, 2006, Mr. Michael Horan and Mr. Myrl Nisley from the Raleigh Regional Office
(Surface Water Protection Unit with the Division of Water Quality) conducted a site inspection in response to
an anonymous complaint. The site inspection took place at the location of 130 Dogwood Lane in Wake Forest,
in Wake County. The site visit revealed that the recent cutting of trees within the Neuse River Buffer, fill for
streambank stabilization and un-authorized fill within waters of the State and the US has constituted a Notice of
Violation.
During the on -site inspection Mr. Michael Horan and Mr. Myrl Nisley, took photographs, made visual
observations and noted unauthorized impacts to streams and riparian (streamside) buffers, located on the subject
tract.
The subject site inspections revealed violations and/or merit additional information requests for the
following items: 1) Removal of Use 2) Neuse River Buffer
Item I. Preclusion of Best Usage
A DWQ site visit dated January 3, 2006, confirmed that unauthorized fill has entered into the. unnamed
tributary to Richland Creek. The recent activity has resulted in the filling approximately 60 linear feet of the
stream floor bed with large woody debris, and the placement wooded debris along the stream banks.(15A
NCAC 2B.0211 (2) explains the conditions related to best usage).
Item II. Neuse River Riparian Buffers
The Neuse River Basin is a river basin that is subject to riparian (streamside) buffer rules. The purposes
of these rules are to protect and preserve riparian buffers in the Neuse River Basin. That is, these rules help to
maintain the nutrient removal functions of the streamside areas necessary to protect surface waters.
Specifically, this Rule applies to the 50-foot wide riparian buffer directly adjacent to surface waters
(intermittent streams, perennial streams, lakes, ponds, and estuaries). Further, the protected riparian buffer has
two zones as follows: (a) Zone 1 [measured from stream bank landward for 30 feet] shall consist of a vegetatectqo"ihCarot;n
area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B.0233, and (b) Zone?l?aturai
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc,us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
` Page 2 of 2
130 Dogwood Lane
3/13/06
2 [the outer 20 feet, landward from the outer 30 foot edge of zone I] shall consist of stable vegetated area that is
undisturbed except for activities and uses provided for in Subparagraphs (4) and (6) of 15A NCAC 2B.0233.
The site visit and file review confirmed that no Pre-Construction Notification was received for this project
and that riparian buffer impacts associated with clearing of vegetation, grading and grubbing were not
authorized by DWQ. Specifically, no request, or a DWQ practical alternative determination, variance or
authorization had been issued for these impacts to the riparian zone. As a result, the following riparian buffer
rule violations are noted:
Neuse River Buffer Rule15A NCAC 2B.0233 Deposition of fill, grading, grubbing and the respective
clearing of vegetation has occurred in the riparian zone, (a violation of the requirement that Zone 1 and Zone 2
consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6) of
the Rule). No variance or Practical Alternative Request was received prior to the Riparian Zone impacts.
This Office requires that violations, as detailed above, be abated immediately. These violations and any
future violations could be subject to civil penalty assessments of up to $25,000.00 per day for each violation.
This Office requests that you respond to this letter, in writing, within 20 days of receipt of this Notice. Your
response should address the following items:
1. Please explain when construction (grading and clearing) began at the site.
2. Please provide a site plan (showing existing lot layout) at a scale of no more thanl inch= 50 feet.
3. Please depict stream and Neuse River Riparian Buffer on site plan.
4. Please depict areas of impact to stream and Neuse River Riparian Buffer. Stream should be measured
in linear feet and the Riparian Buffer should be measured in square footage.
5. Please indicate what areas are to have the wooded debris removed and provide a planting plan for the
impacted area
6. Please explain why appropriate 401 Water Quality Certificdtion and a 404 Permits were not secured.
With respect to your restoration plan the following components will be required as a minimum:
Please provide a restoration plan detailing where the wooded debris is presently located and how material
will be removed from both streambank, streamside riparian buffer and from the stream itself. This information
should be depicted on a map you provide.
• The wooded debris is to be removed by hand (using mechanized equipment is not allowed) and should be
placed in uplands outside of any riparian zone and floodplain. Please indicate in your response a schedule with
dates detailing when this will be accomplished.
Thank you for your attention to this matter. This Office requires that violations, as detailed above, be
abated immediately. These violations and any future violations could be subject to civil penalty assessments of
up to $25,000.00 per day for each violation. This Office requests that you respond to this letter, in writing,
within 20 days of receipt of this Notice. Should you have any questions regarding these matters, please contact
me at [phone].
STATE OF NORTH CAROLINA
TOWN OF WAKE FOREST
WAKE COUNTY
LOCATION: DOGWOOD LANE
WAKE FOREST, NORTH CAROLINA
VICINITY MAP
NOT TO SCALE
TYPE OF WORK STREAM REMEDIATION
rtan nre a .eu ram ra ?*
.C. 17581 .1
A SUBMISSION FOR APPROVAL 0606
REVISIONS

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GRAPHIC SCALES
-20 -10 0 20 40
PLANS
PROJECT LENGTH
REMEDMON LENGTH = 280 FEET
Prewed in ft Orfroe d:
ICI Associates
of North Carolina, P.A.
??? SUITE 220 EAPOUAFII CENTER F.4601SOI FORKS RO„RALEIGN N:
ENCPIEFAS-PLANNERS ° ECOLOGISTS
PROJECT START DATE: I PRCJ=ENOLN7MR
PROJECT ENGDLUR
Preporad for,
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Town of Wake Forest
401 EM Avenue
Wake Foreet,NOrth Carollno 27587
98-554-6100
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CROSS-SECTION 1 (1)
EXISTING ELEVATION = 500.8
CROSS-SECTION 2
EXISTING ELEVATION = 500.3
PROPOSED ELEVATION = 499.5
REMOVE APPROX. 10" OF SEDIMENT
DOGWOOD LANE STREAM REMEDIATION
TYPICAL CROSS-SECTIONS
SEDIMENT REMOVAL
EXISTING ELEVA
PROPOSED ELEVATI(,- -1.,
REMOVE APPROX. 47" OF SEDIMENT/DEBRIS
CROSS-SECTION 3 0
EXISTING ELEVATION = 499.9
PROPOSED ELEVATION—A93.4
REMOVE APPROX. 18" OF SEDIMENT
CROSS-SECTION 4 @
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UTILITY/SUBSURFACE PLANS:
NO SUBSURFACE PLANS ARE AVAILABLE
ON THIS PROJECT. THE POTENTIAL FOR
EXISTING UNDERGROUND UTILITIES HAS
NOT BEEN VERIFIED. THE TOWN SHALL
CONTACTA UTILITY LOCATOR TO
DETERMINE THE EXACT LOCATION
OF ANY UTILITIES PRIOR TO EXCAVATING
MATERIAL IN THE PROJECT REACH.
A
KCI 96 - REBAR AND CAP
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E = 49741.988
ELEV. = 532.14
NOTE:
THE TWF SHALL APPLY TOPSOIL
SUFFICIENT TO PROMOTE VEGETATION
ESTABLISHMENTIN GRADED AREAS.
THE SUBGRADE CONDITIONS ARE NOT
KNOWN. THE REMOVAL OF STUMPS, LOGS,
AND OTHER WASTE MATERIALS MAY
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EXISTING MINOR CONTOURS ...................... ----
PROPOSED MAJOR CONTOURS .................... --
PROPOSED MINOR CONTOURS .....................
EXISTING THALWEG THROUGH DEBRIS .............. - -
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THE TWF SHALL USE THE FOLLOWING SEEDIFERTILIZER MIX
IN SEEDING ALL DISTURBED AREAS WITHIN THE PROJECT LIMITS: r
PEARL MILLET 20LBS.IACRE
ANNUAL RYE 10LBS./ACRE
FERTILIZER 500LBS./ACRE
LIMESTONE 4000LBS./ACRE
PERMANENT SEED MIX N
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THE TWF SHALL ALSO UTILIZE THE FOLLOWING S2
PERMANENT SEED MIX APPLICATION RATE (IN MIX)
SPECIES %OFMIX LBSJACRE
ORCHARDGRASS-DACTYUSGLOMERATA 5 1.5 0 s
BLUESTEM-ANDROPOGONGLOMERATUS 5 1.5
VIRGINIAWILDRYE - ELYMUSVIRGINICUS 5 1.5
RIVER OATS - CHASMANTHIUMLATIFOLIUM 5 1.5 2
PURPLE LOVE GRASS -ERAGROSTIS SPECTABIUS 5 1.5 2
DEERTONGUE - PANICUMCLANDESTINUM 25 7.5 N
SW ITCHGRASS-PANICUMVIRGATUM 25 7.5
PEARL MILLET -PENNISETUMGLAUCOMA 25 7.5 "
TOTALS 100 30 a I
FERTILIZER AND LIMESTONE SHALL BE APPLIED AT THE RATE
OF 500LBS./ACRE AND 4000LBS.IACRE, RESPECTIVELY.
FERTILIZER SHALL BE 10.20-20 ANALYSIS.
MULCHING o
SEEDED AREAS ARE TO BE PROTECTED BY SPREADING ?? 44
STRAW MULCH UNIFORMLY TO FORM A CONTINUOUS
-f'iL7??:KET j7$;oY'.OVERAGE = 2 Tf.!tS1ACRErU: ?'
SEEDED AREAS. THE TWF MAY ALSO UTILIZES
ALTERNATE METHODS OF SEED, FERTILIZER AND LIMING I 3a
(HYDRO-SEEDING) AS LONG AS THE APPLICATION IS
EQUIVALENT TO THIS PROPOSED METHOD.
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Office Use Only: Form Version March 05
?006081
USACE Action ID No. DWQ No. 0
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
.
1. Processing r_
,EIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP # 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ? g
IL Applicant Information f t -
aJ
Owner/Applicant Information
MAY 1. 5 2006
Name:_ Roe O'Donnell P E Deputy Town Mana er/Operations= -
Mailing Address: Town of Wake Forest 1(71L11177 77
401 Elm Avenue
Wake Forest, NC 27587-2932
Telephone Number: [phone] Fax Number: [phone]
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: Steven F. Stokes
Company Affiliation: KCI Associates of North Carolina, P.A.
Mailing Address: Landmark Center II
4601 _Six Forks Road, Suite 220
Raleigh, NC 27609
Telephone Number:_ [phone] Fax Number: [phone]
E-mail Address: sstokes(a,kci.com
updated I1/1/2005
Page 5 of 13
J. t
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: Dogwood Lane Stream Remediation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1831824794, 1831825687, 1831826526
&1831934728
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Oakwood Estates
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh take US 1
North to NC 98 in Wake Forest turn right onto NC 98, turn left on Oakwood Drive then
right on Dogwood Lane. Site is between 132 & 124 Dogwood Lane NCDWQ Notice of
Violation was mailed to 130 Dogwood Lane
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.9821 N ON 78.5311 W °W
6. Property size (acres): Proiect straddles various property lines. Project stream is 280 Linear
feet by 4 ft wide
7. Name of nearest receiving body of water: Richland Creek
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/.)
Updated 11/1/2005
Page 6 of 13
. It
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The west side of the project stream is in a residential
subdivision and the east side is wooded.
10. Describe the overall project in detail, including the type of equipment to be used: Rubber
tracked track hoe and dump truck.
11. Explain the purpose of the proposed work: Remove accumulated sediment from 170 ft of
stream channel and remove 10' of fill composed of wood chips stumps etc on a 110 ft
section downstream. Additionally the flow will be put back in the original stable channel
disrupted by the filling by placing 2-5'x 10' channel blocks in the upstream and downstream
section of the channel formed under the fill.
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 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.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
updated 11/1/2005
Page 7 of 13
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Remove accumulated sediment
(from 10" to 47" starting at the upstream end) from 170' of stream channel remove debris
fill of wood chips, stumps, etc. on the adjacent 110' downstream section and reopen the
original channel prior to the fill activities. The fill was apparently being placed periodically
by the landowner to compensate him for the land lost during the 1999 hurricane This fill has
blocked the channel and caused aggradation immediately upstream. Additionally, the fill has
caused the stream to abandon its original channel and begin flowing under the fill Two
approximately 5 x 10' channel blocks will be placed at the upstream and downstream ends of
the side channel once the fill is removed to allow the water to again flow into the original
channel. This project will temporarily impact 280' of channel
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding-
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year

Floodplain (es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width. then divide by 43.56(1_
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
indicate on ma Before Impact (linear feet (acres)
280' Unnamed Trib Excavation I 4' 280 0.029

Updated 11/1/2005
Page 8 of 13
Total Stream Impact (by length and acreage) I 280 I 0.029
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation- dredging- floodinu drninngP hnllchearlc Ph-.
Open Water Impact
Site Number
indicate on ma
( ) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond estuary,
sound, bay,
ocean, etc.) Area of

Impact
(acres)

Total Open Water Impact (acres)
6. List t:
he cumulative impact to all Waters of the U.S. resulting from the Droiect;
Stream Impact (acres): 0.029
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 280 if
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Updated 11/1/2005
Page 9 of 13
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.
This project is being undertaken to correct a NCDWQ notice of violation. (See attached
NCDWQ letter from Merl NiselL Environmental Spec. III dated March 14, 2006 at 130
Dogwood Lane).
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
hqp://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Updated 11/1/2005
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
,IX. Environmental Documentation (required by DWQ)'
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba 15A NCAC
Updated 11/1/2005
Page 11 of 13
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify _)? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone Multiplier „,f:.:,....:,..
2
Total
* Zone 1 extends out 30 feet perpendict
additional 20 feet from the edge of Zone 1.
3 (2 for Catawba)
1.5
the top of the near bank of channel; Zone 2 extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
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.
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. Cumulative Impacts (required by DWQ)
Updated 11/1/2005
Page 12 of 13
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
May 15 2006
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13

%,. k
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ASSOCIATES OF NC 500 2S0 o SM)
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May 15, 2006
KCI Associates of North Carolina, PA
Landmark Center 11, Suite 220
4601 Six Forks Road
Raleigh, NC 27609-5210
RE: Agent Authorization Form
KCI Job Number 12065194
I,Q . hereby designate and authorize KCI Associates of North Carolina, P_A, to
act in my behalf as my agent to escort the US Army Corps of Engineers and representative
agencies as necessary, onto the site for their evaluation, acceptance, review, and for the
pr cessing of permit applications from this day forward. This 4 day of
(month), 2006.
Sincerelv,
/? AC-4
Roe O' Donnell, P.E.
Deputy Town Manager/Operations
401 Elm Avenue
Wake Forest. NC 27587-2932
[phone]
11
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., r
r?9Qc
March 14, 2006
Subject:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Paul L. Holloway
130 Dogwood Lane
Wake Forest, NC27587-2740
Notice of Violation
Removal of Best Usage
Neuse River Buffer
Wake County
Dear Mr. Holloway:

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
On January 3, 2006, Mr. Michael Horan and Mr. Myrl Nisley from the Raleigh Regional Office
(Surface Water Protection Unit with the Division of Water Quality) conducted a site inspection in response to
an anonymous complaint. The site inspection took place at the location of 130 Dogwood Lane in Wake Forest,
in Wake County. The site visit revealed that the recent cutting of trees within the Neuse River Buffer, fill for
streambank stabilization and un-authorized fill within waters of the State and the US has constituted a Notice of
Violation.
During the on -site inspection Mr. Michael Horan and Mr. Myrl Nisley, took photographs, made visual
observations and noted unauthorized impacts to streams and riparian (streamside) buffers, located on the subject
tract.
The subject site inspections revealed violations and/or merit additional information requests for the
following items: 1) Removal of Use 2) Neuse River Buffer
Item I. Preclusion of Best Usage
A DWQ site visit dated January 3, 2006, confirmed that unauthorized fill has entered into the.unnamed
tributary to Richland Creek. The recent activity has resulted in the filling approximately 60 linear feet of the
stream floor bed with large woody debris, and the placement wooded debris along the stream banks.(15A
NCAC 2B.0211 (2) explains the conditions related to best usage).
Item II. Neuse River Riparian Buffers
The Neuse River Basin is a river basin that is subject to riparian (streamside) buffer rules. The purposes
of these rules are to protect and preserve riparian buffers in the Neuse River Basin. That is, these rules help to
maintain the nutrient removal functions of the streamside areas necessary to protect surface waters.
Specifically, this Rule applies to the 50-foot wide riparian buffer directly adjacent to surface waters
(intermittent streams, perennial streams, lakes, ponds, and estuaries). Further, the protected riparian buffer has
two zones as follows: (a) Zone 1 [measured from stream bank landward for 30 feet] shall consist of a vegetateclivo''thCaroli
area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B.0233, and (b) Zone?l?at![tal!
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2 of 2
130 Dogwood Lane
3113/06
2 [the outer 20 feet, landward from the outer 30 foot edge of zone I] shall consist of stable vegetated area that is
undisturbed except for activities and uses provided for in Subparagraphs (4) and (6) of 15A NCAC 2B.0233.
The site visit and file review confirmed that no Pre-Construction Notification was received for this project
and that riparian buffer impacts associated with clearing of vegetation, grading and grubbing were not
authorized by DWQ. Specifically, no request, or a DWQ practical alternative determination, variance or
authorization had been issued for these impacts to the riparian zone. As a result, the following riparian buffer
rule violations are noted:
Neuse River Buffer Rule15A NCAC 2B.0233 Deposition of fill, grading, grubbing and the respective
clearing of vegetation has occurred in the riparian zone, (a violation of the requirement that Zone 1 and Zone 2
consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6) of
the Rule). No variance or Practical Alternative Request was received prior to the Riparian Zone impacts.
This Office requires that violations, as detailed above, be abated immediately. These violations and any
future violations could be subject to civil penalty assessments of up to $25,000.00 per day for each violation.
This Office requests that you respond to this letter, in writing, within 20 days of receipt of this Notice. Your
response should address the following items:
1. Please explain when construction (grading and clearing) began at the site.
2. Please provide a site plan (showing existing lot layout) at a scale of no more thanl inch= 50 feet.
3. Please depict stream and Neuse River Riparian Buffer on site plan.
4. Please depict areas of impact to stream and Neuse River Riparian Buffer. Stream should be measured
in linear feet and the Riparian Buffer should be measured in square footage.
5. Please indicate what areas are to have the wooded debris removed and provide a planting plan for the
impacted area
6. Please explain why appropriate 401 Water Quality Certification and a 404 Permits were not secured.
With respect to your restoration plan the following components will be required as a minimum:
• Please provide a restoration plan detailing where the wooded debris is presently located and how material
will be removed from both streambank, streamside riparian buffer and from the stream itself. This information
should be depicted on a map you provide.
The wooded debris is to be removed by hand (using mechanized equipment is not allowed) and should be
placed in uplands outside of any riparian zone and floodplain. Please indicate in your response a schedule with
dates detailing when this will be accomplished.
Thank you for your attention to this matter. This Office requires that violations, as detailed above, be
abated immediately. These violations and any future violations could be subject to civil penalty assessments of
up to $25,000.00 per day for each violation. This Office requests that you respond to this letter, in writing,
within 20 days of receipt of this Notice. Should you have any questions regarding these matters, please contact
me at [phone].
STATE OF NORTH CAROLINA
TOWN OF WAKE FOREST
WAKE COUNTY
LOCATION: DOGWOOD LANE
WAKE FOREST, NORTH CAROLINA
VICINITY MAP
NOT TO SCALE
TYPE OF WORK STREAM REMEDIATION
rtan nre a .eu ram ra ?*
.C. 17581 .1
A SUBMISSION FOR APPROVAL 0606
REVISIONS

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7 DETADS: S7RE4M REMIDIAnON
7.A DErABS: CROSS TF=0.YS (SEDAffX7 REMOVAL)
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GRAPHIC SCALES
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PLANS
PROJECT LENGTH
REMEDMON LENGTH = 280 FEET
Prewed in ft Orfroe d:
ICI Associates
of North Carolina, P.A.
??? SUITE 220 EAPOUAFII CENTER F.4601SOI FORKS RO„RALEIGN N:
ENCPIEFAS-PLANNERS ° ECOLOGISTS
PROJECT START DATE: I PRCJ=ENOLN7MR
PROJECT ENGDLUR
Preporad for,
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Town of Wake Forest
401 EM Avenue
Wake Foreet,NOrth Carollno 27587
98-554-6100
P-a
CROSS-SECTION 1 (1)
EXISTING ELEVATION = 500.8
CROSS-SECTION 2
EXISTING ELEVATION = 500.3
PROPOSED ELEVATION = 499.5
REMOVE APPROX. 10" OF SEDIMENT
DOGWOOD LANE STREAM REMEDIATION
TYPICAL CROSS-SECTIONS
SEDIMENT REMOVAL
EXISTING ELEVA
PROPOSED ELEVATI(,- -1.,
REMOVE APPROX. 47" OF SEDIMENT/DEBRIS
CROSS-SECTION 3 0
EXISTING ELEVATION = 499.9
PROPOSED ELEVATION—A93.4
REMOVE APPROX. 18" OF SEDIMENT
CROSS-SECTION 4 @
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DETAILS:
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UTILITY/SUBSURFACE PLANS:
NO SUBSURFACE PLANS ARE AVAILABLE
ON THIS PROJECT. THE POTENTIAL FOR
EXISTING UNDERGROUND UTILITIES HAS
NOT BEEN VERIFIED. THE TOWN SHALL
CONTACTA UTILITY LOCATOR TO
DETERMINE THE EXACT LOCATION
OF ANY UTILITIES PRIOR TO EXCAVATING
MATERIAL IN THE PROJECT REACH.
A
KCI 96 - REBAR AND CAP
N = 50187.341
E = 49741.988
ELEV. = 532.14
NOTE:
THE TWF SHALL APPLY TOPSOIL
SUFFICIENT TO PROMOTE VEGETATION
ESTABLISHMENTIN GRADED AREAS.
THE SUBGRADE CONDITIONS ARE NOT
KNOWN. THE REMOVAL OF STUMPS, LOGS,
AND OTHER WASTE MATERIALS MAY
NECESSITATE SOME FINE GRADING AND
ADDITION OF CLEAN BACKFILL MATERIAL
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EXISTING MAJOR CONTOURS ...................... - - - -
EXISTING MINOR CONTOURS ...................... ----
PROPOSED MAJOR CONTOURS .................... --
PROPOSED MINOR CONTOURS .....................
EXISTING THALWEG THROUGH DEBRIS .............. - -
PROPOSEDIREMNANTTHALWEG------------------
RELOCATED THALWEG ............................ .- -
TYPICAL CROSS SECTION LOCATIONS ............... - 0
EXISTING WOODEN FENCE ........................ -x-
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STRUCTURES.
REFER TO SHEET 2
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THE TWF SHALL USE THE FOLLOWING SEEDIFERTILIZER MIX
IN SEEDING ALL DISTURBED AREAS WITHIN THE PROJECT LIMITS: r
PEARL MILLET 20LBS.IACRE
ANNUAL RYE 10LBS./ACRE
FERTILIZER 500LBS./ACRE
LIMESTONE 4000LBS./ACRE
PERMANENT SEED MIX N
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THE TWF SHALL ALSO UTILIZE THE FOLLOWING S2
PERMANENT SEED MIX APPLICATION RATE (IN MIX)
SPECIES %OFMIX LBSJACRE
ORCHARDGRASS-DACTYUSGLOMERATA 5 1.5 0 s
BLUESTEM-ANDROPOGONGLOMERATUS 5 1.5
VIRGINIAWILDRYE - ELYMUSVIRGINICUS 5 1.5
RIVER OATS - CHASMANTHIUMLATIFOLIUM 5 1.5 2
PURPLE LOVE GRASS -ERAGROSTIS SPECTABIUS 5 1.5 2
DEERTONGUE - PANICUMCLANDESTINUM 25 7.5 N
SW ITCHGRASS-PANICUMVIRGATUM 25 7.5
PEARL MILLET -PENNISETUMGLAUCOMA 25 7.5 "
TOTALS 100 30 a I
FERTILIZER AND LIMESTONE SHALL BE APPLIED AT THE RATE
OF 500LBS./ACRE AND 4000LBS.IACRE, RESPECTIVELY.
FERTILIZER SHALL BE 10.20-20 ANALYSIS.
MULCHING o
SEEDED AREAS ARE TO BE PROTECTED BY SPREADING ?? 44
STRAW MULCH UNIFORMLY TO FORM A CONTINUOUS
-f'iL7??:KET j7$;oY'.OVERAGE = 2 Tf.!tS1ACRErU: ?'
SEEDED AREAS. THE TWF MAY ALSO UTILIZES
ALTERNATE METHODS OF SEED, FERTILIZER AND LIMING I 3a
(HYDRO-SEEDING) AS LONG AS THE APPLICATION IS
EQUIVALENT TO THIS PROPOSED METHOD.
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¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to.
A.
X
? Agent
B. R&iveld by (Printed Name) I C. Date of Deliver)
D. Is delivery address different from item 17ddress different from item 17 ? Yes
If YES, enter delivery address below:' ? No
Town of Wake Forest
Attn: Roe O'Donnell
401 Elm Avenue 3. Service Type
Wake Forest NC 27604
DWQ# 06-0810-Wake Certified Mail ? Expressman
Registered Return Receipt for Merchandise
? Insured Mail 13 C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
?. Article Number
(Transfer from service iabeq
7005 1160 0000 9954 6856
]G. C...... ZQ7 7 C.. L......... A!]nA n....??..•t? o,....... o....,..... .nn?n? nn .. •?.
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UNITED STATES P?sT S1:RVICE irk; ai
iA99 age &
uSPS
p -10
• Sender. Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Ralei0h, NC 27604
c0oa I„it{I?„I:I1?3I{,??[??I??{?fyJ?l?{1,???lf?,i?l?If„t>>II,{