Loading...
HomeMy WebLinkAbout20061161 Ver 2_401 Application_20061206KELLER ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS 7921 Haymarket Lane, Raleigh, NC (919)844-7437 Fax (919) 844-7438 Q Lp - ~ ~ l0 1 IJe.T~ ~ To: NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Staff 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 Re: Cobblestone Subdivision PCN Submittal Franklin County, North Carolina DWQ Project # 2006-1161 December 6, 2006 ~~WfZ > tNr~~r'~€t ~tJ~ 11`Y Nld ~it'i~fWA On behalf of the applicant, Monte Perry, please find attached a complete application and supplemental information requesting written concurrence from the United States Army Corps of Engineers (COE) and the North Carolina Division of Water Quality (DWQ) that the activities proposed below may precede utilizing Nationwide Permit 39. We are requesting to place culverts, headwalls, and dissipaters in 100 linear feet of intermittent stream for the purpose of building Cobblestone Way. 15 low-density homesites are also proposed for this subdivision. These proposed impacts are contained in the attached packet of information. PROJECT SUMMARY Project Name COBBLESTONE Project T e SUBDIVISION Owner / A licant Monte Per Count Franklin Nearest Town Youn sville Waterbod Name UT to Little River Basin /Sub-basin Neuse 03-04-06 Index Number 27-57- 1 Class WS-II; HOW; NSW IMPACT SUMMARY Stream Im act acres 0.02 acres Neuse River Buffer Im acts acres 0.12 acres Wetland Im acts acres 0.04 Total Im act to Waters of the State acres 0.06 Total Stream Im act linear feet 100 linear feet Please contact me at (919) 844-7437 (office) or (919) 749-8259 (cell) or iayCa~kellerenvironmental.com if you have any questions or require any additional information. Sincerely, KELLER ENVIRONMENTAL, LLC Jay Keller Principal Attachments: $200 Check for Application Fee Pre-Construction Notification (PCN) Application Form DWQ letters Agent Authorization Cobblestone Subdivision Site Plans US Army Corps of Engineers Notification of Jurisdictional Determination & Wetland Map Wetland Delineation Report (9 pages); includes Franklin County Soil Survey, USGS Topo, & GIS Map Level Spreader Worksheets (4) Level Spreader Operation & Maintenance Agreement „~iV~C~ MFG 7 ZQ06 Office Use Only: Form Version March 05 USACE Action ID No. 200620267 DWQ No. 2006-1161 l~ a.. (If any particular item is not appl~cabie to tn~s project, please enter i~oi t~ppucaoi~ ,u~ ~ R~'n .~ r ~ -p- t I. Processing rF ~^~~~ 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: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check he~n~ D D ~ u ~~ II. Applicant Information ~~ ~ ~ ~~~~ Owner/Applicant Information ill Name: Mr. Monte Perr t± +~~ ~~ ~-. Mailing Address: Four Winds Devel~ment• 1304 Paddock Drive• ire -•103 Raleigh NC 27609 Telephone Number: (919) 342-8164 Fax Number: (919) 342-3473 E-mail Address: mperry~a~premarketdeals.com 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: Jay Keller Company Affiliation: Keller Environmental Mailing Address: 7921 Haymarket Lane Raleigh NC 27615 Telephone Number: (919) 844-7437 Fax Number: (919) 844-7438 E-mail Address: jayna kellerenvironmental com Page 5 of 12 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: Cobblestone Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Onl}~): 3. Property Identification Number (Tax PIN): 1861-89-2286 4. Location County: Franklin Nearest Town: Youngsville Subdivision name (include phase/lot number): Cobblestone Directions to site (include road numbers/names, landmarks, etc.): Site is located -~- 2.5 miles east of Youngsville on Tarboro Road (SR 1100) between Moores Pond Road (SR 1106) and Mays Crossroads (SR 1105). 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): 35.9980 °N 78.4300 °W 6. Property size (acres): 17.56 Acres 7. Name of nearest receiving body of water: Little River River Basin: Neuse (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http•//h2o enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site comprised of forests and open areas. An Intermittent Stream starts at the eastern property line and flows to the west. Adiacent land uses include residential forested and agricultural areas Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: One road crossing is proposed to access upland areas at the rear of the property. Utilities include sewer and water Equipment to be used includes trackhoes, bulldozers and other land grading equipment 11. Explain the purpose of the proposed work: The proposed impacts to the stream area will be necessary to complete the subdivision thus sustaining the development of the proposed residential area 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. Previous requests for Nationwide Permit 39 and its accompanying General Certificate 3402 was requested on July 17 2006. Additional requests from NCDWQ were received on August 4 & October 5 2006 All information originally submitted to the US Army Corps of Engineers was verbally confirmed and no further information was requested. 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. None. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: Permanent impacts to streams totaling 100 linear feet are anticipated for this project. Impacts to the stream include two 50 linear feet HDPE culverts headwalls and a 40 linear feet dissipater pad. 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, ..,.+,.1., 1:,,+ : .,..+~ .a„o to tenth etrnrtnra and flnnrlina Wetland Impact ~ Site Number (~dicate on map) Type of Impact T e of Wetland yp (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Cobblestone Way Fill and Culverts Freshwater Marsh no 0 0.04 Total Wetland Impact (acres) 0.04 3. List the total acreage (estimated) of all existing wetlands on the property: 1 Acre 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 meet ha inrlnrlerl Tn ralr.nlate acrPaae multiply length X width. then dlvlde bV 43,$6. Stream Impact Number (indicate on ma) Stream Name v Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) UT To Little River culverts Intermittent 10 100 0.02 Total Stream Impact (by length and acreage) 100 0.02 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 4;11 nvn~]..otlnn ilra~rtinrt flnnrlinct rlra,naaP h„1khParlc P.t[ _, 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) 0 Page 8 of 12 6. List the cumulative im act to all Waters of the U.S. resulting from the project: 8 Stream Impact (acres): 0.02 Wetland Impact (acres): 0.04 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.02 Total Stream Impact (linear feet): 100 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. 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) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed Cobblestone Way road crossing was strategically placed upstream of a large wetland and the stream's transition .point to perennial It was also placed perpendicularly to the stream and headwalls _were utilized to minimize stream and buffer impacts The culverts will be placed I-foot below the stream bed in accordance to best mana eg_ment practices (BMP's) to allow aquatic passage. 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. Page 9 of 12 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. The proposed protect should not be required to provide mitigation for the proposed impacts. This is due the efforts of the developer's team to avoid jurisdictional areas to the maximum extent possible - 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 (919) 715-0476 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): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount ofNon-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a Page 10 of 12 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 aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? 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. Zone* Impact (s uare feet) Multiplier Required Miti ation 1 3,300 3 (2 for Catawba) 9900 2 2,200 1.5 3300 Total 5,500 13,200 * 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. Riparian buffer mitigation is not required. Page I l of 12 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. Total acreage 17 56 Acres Impervious areas: existing-0; proposed-2.018 Acres 2 018 Ac/17 56 Ac = 11 49% Proposed impervious surfaces include: total roads: 1.14 Acres houses 1 250 SF per lot Deck/Patio 200 SF per lot Driveway & Walks: 1.100 SF per lot Since this project is within the Little River Watershed we have discussed our project with the State Stormwater Permitting Unit (Bradley Bennett) Franklin County will be administering the stormwater permitting for this item It is our understandina While under constructions temporaN custom sedimentation basins will be installed outside of the wetlands and streams to protect them against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with the DWQ and Franklin County Sedimentation and Erosion Control requirements Best Management Practices such as curb-less streets,_ will be incorporated to alleviate concentrated stormwater runoff. 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. Sewa e from each lot will be treated by individual on-site septic systems. 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) 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 sho~~t 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). ,,m `' Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 QF wArF9 Michael F. Easley, Governor Q ~ Q ~ Secreta R ss J Willi G ~ i Gj r~'.. ry r., am . o North Carolina Department of Environment and Natural Resources © .~. Alan W. Klimek, P.E. Director Division of Water Quality August 1, 2006 DWQ Project # 06-1161 Franklin County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Michael Jones Four Winds Development 1304 Paddock Drive, Suite F-103 Raleigh, NC 27609 Subject Property: Cobblestone Subdivision Ut to Little River [030406, 27-57-(1), WSII, HQW, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Jones: On July 17, 2006, the Division of Water Quality (DWQ) received your application dated July 17, 2006, to impact 95 linear feet of intermittent stream and 3,300 square feet (ft2) of protected Zone 1 Neuse River basin riparian buffer and 2,200 square feet (ft2) of protected Zone 2 Neuse River basin riparian buffer to construct the proposed residential subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 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. Please specify the percent of project imperviousness area based on estimated built-out conditions and provide an inventory of all impervious surfaces (building footprints, roads, driveways, decks, sidewalks, gravel-covered areas, etc.). Specifically, please demonstrate how you calculated the project imperviousness area to be 12 percent, bearing in mind that the designated "open spaces" should no be included in performing these calculations. 2. Your project is located in a Water Supply watershed II (WSII), High Quality Waters (HQW) and Nutrient Sensitive Waters (NSW) watershed. As such, you will need to 401 OversighUExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org No thCarolina ~aturallr~ An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Four Winds Development Page 2 of 2 August 1, 2006 apply for a State Stormwater Permit with the North Carolina State Stormwater Permitting Unit. If the project imperviousness area exceeds 12 percent, you will need to utilize constructed wetlands for your stormwater BMP. 3. Please indicate the diffuse flow provision measures on the site plan. If you choose to utilize level spreaders as your diffuse flow devices, please provide the level spreader worksheets which correspond with the diffuse flow provision measures on the site plan. Additionally, please provide a signed and notarized Operations and Maintenance agreement for the level spreaders. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm cc: Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Jay Keller, Keller Environmental, 124 Waiters Way, Youngsville, NC 27596 Filename: 061161 CobblestoneSD(Frankl in)On_Hold a~oF W A r~gQG Michael F. Easley, Governor .y William G. Ross Jr., Secretary r- North Carolina Department of Environment and Natural Resources CZ ^(' Alan W. Klimek, P.E. Director Division of Water Quality October 2, 2006 DWQ Project # 2006-1161 Franklin County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Michael Jones Four Winds Development 1304 Paddock Drive, Suite F-103 Raleigh, NC 27609 Subject Property: Cobblestone Subdivision UT to Little River [030406, 27-57-(1), WSII, HQW, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Jones: On July 17, 2006, the Division of Water Quality (DWQ) received your application dated July 17, 2006 with additional information received on September 25, 2006, to impact 95 linear feet of intermittent stream and 3,300 square feet (ft2) of protected Zone 1 Neuse River basin riparian buffer and 2,200 square feet (ft2) of protected Zone 2 Neuse River basin riparian buffer to construct the proposed residential subdivision. The DWQ has determined that your application was still 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. Since this project was put on hold for additional information on August ], 2006 and your response did not address all of our questions, we are returning your application. If you want to carry out the proposed impacts, you will need to reapply and pay the 401 Certification fee again. Please be sure to address the information specifically requested previously, and repeated herein. If you want to reapply, please provide the following information so that we may review your project. Additional Information Previously Requested That Was Not Adequately Addressed: DWQ requested to have the imperviousness specified for your project. Stating the project imperviousness won't exceed 12 percent does not adequately address this question. You were instructed to supply an inventory of all the impervious surfaces (building footprints, roads, driveways, decks, sidewalks, gravel-covered areas, etc.) DWQ requested for you to indicate the diffuse flow provision measures on the site plan. Keep in mind that the nitrogen removal is a completely separate issue from diffuse flow. 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 401 OversighUExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: httn://h2o.encstate.nc.us/ncwetlands NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Four Winds Development Page 2 of 2 October 2, 2006 authorized (at this time) by the DWQ. Please call Cyndi Karoly or Amy Chapman at 919-733-1786 if you have any questions regarding this matter. Sincerely, Cyndi B. Karoly, Supervisor 401 Oversight/Express Review Unit CBK/asc Enclosures: cc: DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office Jay Keller, Keller Environmental, 124 Waiters Way, Youngsville, NC 27596 File Copy Central Files Filename: 061161CobblestoneSubdivision(Franklin)Retum application KELLE`R ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS 7921 Haymarket Lane, Raleigh, NC (919}844-7437 Fax (919)844-7438 AGENT AUTH4RlZATION FARM Name: M me Perrv Address: 1304 Paddock Drive Suite F-103 City, State, Zip Raleigh, NC 27609 Phone, 19191' 954-8383 .Project Name/Description:. Cobblestone Subdivision date: Decernber4 2Q06' To: US Army Corps of Engineers Raleigh Regulatory Office Attn: Staff. 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 NC Division of Water Quality 401 Oversight and. Express Permits Unit Attn: Staff 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 To tiNhom It May Concern: As a representative. concerning the subject site, I do hereby authorize and give peri•nission for Keller Environmental to represent. or act as agent on my behalf and allow the COE or any other regulatory agency to go on the property with an Keller Environmental representative for such purposes as necessary to pertorm the job tasks. Monte Perry .._,L. Print Property Owner's Name Property Owne ' S Jay Keller Keller .Environmental, LLC Preliminary Wetland & Stream Assessments~Jurisdictionai Wetland gelineations-Neuse & Tar R+ver Stream Buffer Evals & Coordination~401/404 Water Quality Permitting'Stream & Wetland Restoration~Threatened & Endangered Species Surveys-~Benthic Macroinvertebrate SampiingwPhase 1-1V Environmental Site Assessments~Tree Surveys U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200620267 County: Franklin U.S.G.S. Quad: Rolesville Property Owner/Agent: Address: Telephone No.: Property description: NOTIFICATION OF JURISDICTIONAL DETERMINATION BMJ Consulting Attn: Mr. Mike Jones 100 Richmond Place Youn~sville, NC 27596 (919)730-6086 Size (acres) 15.75 Nearest Town Youn~sville Nearest Waterway UT to the Little River River Basin Neuse USGS HUC 03020201 Coordinates N 35.998 W 78.430 Location description Tarboro Road Subdivision, near Zachary Lane, southwest of SR 1100 (Tarboro Road), as shown on the submitted drawings. Indicate Which of the Following Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetland on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on December 5, 2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine their requirements. Page 1 of 2 Action ID. 200620267 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Eric Alsmever at 19191 876-8441, ext. 23. Basis For Determination: The study area contains a stream channel of an unnamed tributary of the Little River, a Remarks: Corps Regulatory Official: Date 01/06/2006 ~:C~~, Copy furnished (with drawings) Expiration Date 01/06/2011 Delineations Plus ATTN: Mr. Jonathan Hopkins PO Box 3097 Chapel Hill, NC 27515-3097 Page 2 of 2 NOTIFICATION OF ADMINISTRATIVE:APP~EAL OPTIONS~AND PROCESS AND RE VEST FOR APPEAL Applicant: BMJ Consulting, LLC; Tarboro File Number: 200620267 Date: 01/06/2006 Road Subdivision, near Zachary Lane, southwest of SR 1100 arboro Road At tached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission) A PROFFERED PERMIT (Standard Permit or Letter of ermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and. options regarding an administrative appeal of the above decision. Additional information maybe found at http://www.usace.arrny.mil/inet/functons/cw/ceewo/reg or Co s re lations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district en ineer will send ou a roffered ermit for our reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received b the division en ineer within 60 da s of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received b the division en ineer within 60 da s of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division en ineer within 60 da s of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - RE U$ST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. -POINT OF CONTACT FOR UESTIONS OR INFORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Eric Alsmeyer Mr. Michael Bell, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R US Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division 6508 Falls of the Neuse Road, Suite 120 60 Forsyth Street, Room 9M15 Ralei h, North Carolina 27615 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Si nature of a ellant or a ent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 0 0 o: a. SITE J w Z J ~. U W S VICINITY MAP THIS CERTIFIES-THAT THIS COPY OF .THIS PLAT ACCURAI ' AC1 JURISDICTION OF SECTION 404 OF THE CLEAN WATER ON THIS:DATE. UNLESS THERE. IS A CHANGE. IN THE:LAII ~ THIS DETERMINATION,O~' SECTION 404 JURISDICTION MALI ~ TO EXCEED FIVE YEARS FROIA THIS- DATE. THE DETERAIIt~ '- 1987 CORPS OF ENGINEERS WETL S DELINEATION MANU~ g ~ o C - ~ o TARBORO ROAD Q Z NA11E:________ ~ __________ ____ ___ !/-___--- -- c{ ~r ? p g 3 ~v~ =-----:}--=------ ------- TITLE:---------- ~ - a 0 ~ ~ ~ ( _~~~~ - --------------- DATE: ~~ w N --------- / o N ~ ~ D NOT TO .'~~ ~~ I JONATHAN F. MURPHY,.HEREBY CERTIFY THAT THIS SURVEY WAS DRAWN UNDER iJlf SUPERVISION FROq`AN ACTUAt SURVEY MADE UNDER MY SUPERYIISION; THAT THIS MAP DOES NOT REPRESENT A BOUNDARY SURVEY,;AND`IS NOT FOR RECORDATION.. WITNESS MY ORI tINAE'S ._NAT RE, RE ISTRATION NUt~I6ER, AND SEAL THISDAY OF ~~1~~~~~~'t i~~S4/[' JONA CARO ....• •~ , ~•. pQ`~'' F ESS~ •~'L :Q ~: L-4382 ~ 7 :` ~~ 9 `o ~•'~~ SUKK`~ • •~. ~~,tiq~gN. ~: ~jQ`4 \''~ ~llll fl GEOIVIATICS f'rvfessianal Land Surveying 6308 J. Rictard Drive (919) 787-7473 Roleiph NC 27817-4801 FAX 881-9573 N 818978.30 E 2167536.72 50' ~~ A11 10 A7 OPt B ~--~ POND ~ 7 B6 B5 83 ~IYIT OF _ EVALUATION 69 ~- 1 50' BUFFER o~ o w ~, a, ~ `~~ ~ ~ ~ Nti ~gti ~~` , TOTAL SITE A TOTAL WETLAI' FEATURE A=1P SUBJECT TO DELINEATIONS PLUS CERTIFIED DELINEATION 8308 J. RICHARD DRIVE SUITE #104 RALEIGH. NC 27617-4601 9 - T$ THE BOUNDARY OF THE. MINED BY THE. UNDERSIGNED UBLISHED REGULATIONS, UPON FOR A PERIOD NOT MADE UTILIZING THE ~~o~o ~~o~~? _ QGj,.~j ~- y O~G ~ ~~~ 5 C~ =QYOJk O ~~~~~ 'mss N 819688.04 E 2168455.85 s ~~~ S~~ u? p~ . ~ iF .h~~~ ~~lV~ ~~ ~A• ~ A %J ~0~`9' ~~~ ' €'ONDED AREA ~ .l h6 h6 `~-FEATURE A ~ \ _. ,` . ,~ ~. ~`,~Q~P~ D Q FLAOSITION `lili ~ ~ 2~~. LINE BEARING DIST 1 L- 1 S68.49'03"E 79.52' L- 2 N21'10'01"E 60.53' RALEIGHREGULATORYFIELDOFFIC L- 3 S44.58'28"E 109.24' Al N(y) 818954 B1 N(y) 818900 E(x) 2168058 E(x) 2168051 A2 N(y) 818923 Etx) 2168002 62 N(y) 818909 E(x) 2168023 A3 Nty) 818921 E(x) 2187957 83 N(y> 818900 A4 N(y) 818956 E(x) 2167975 E(x) 2167881 A5 Nty) 818942 64 N(y) 818898 E(x) 2167832 E(x) 2167938 A6 N(y) 818942 65 N(y> 818892 E(x) 2167762 E(x) 2167899 A7 N(y) 818930 E(x) 2167709 B8 N(y) 818898 E(x.) 2167853 A8 N(y) 818926 E(x) 21.67656 87 Nty) 818901 E(x) 2167794 A9 N(y) 818931 E(x) 2167597 B8 N(y3 818888 A10 N(y) 818953 E(x) 2167732 E(x) 2167543 A11 N(y) 818949 E/I TRANS. N(y) 818909 E(x) 2168175 E(x) 2167522 DP1 N(y) 818933 E(x) 2167905 DP2 N(y) 818984 E(x) 2167851 ETNDS DELINEATION PST ~ -PREPARED FOR- EDENS ENGINEERING ACRES '~~UNGSVILLE TWSP. FRANKLIN CO.,NC i PERENNIAL, AUGUST 2005 SCALE 1 "=200' 2~ 0 ,00 200 ,~ BAR GRAPHI inch = 200 ft. DRAWING FILE NAME: PERRYWET.dwg EI '4 • ~. Delineations Plus Wetland & Stream Delineation Jonathan J• Hopkins Mapping & Consulting President 6308 7. Richard Dr. Suite 104 Phoae: (919) 932-7217 Raleigh, NC 27613 Fax: (919) 932-7217 WETLAND DELINEATION REPORT TARBORO RD. - ZACHERY LANE PROJECT, YOUNGSVII.,LE, NC For BMJ Consulting, LLC. 10/18/05 Executive Summary At the request of Mr. Jarrod Edens, of Edens Engineering, in the interests of BMJ Consulting LLC, I investigated the Tarboro Rd -Zachery Lane project site for the presence of wetlands & streams jurisdictional to either the US Army Corps of Engineers, or to NC Division of Water Quality (DWQ). The Zachery Rd. Project is located off Tarboro Rd, a short distance east from Youngsville, Franklin County, NC. This property is referenced by PIN # 1861-89-2286, at the end of a private drive named Zachery Lane. The size of the project site is about 15.75 acres, and is located on the USGS topographic quadrangle Rolesville (35078h4, 1967; photo revised 1973) and is also shown on the Franklin County Soil Survey, Rolesville quadrangle, sheet #13. Directions to the site are included in the Initial Conditions section, below. The Zachery Lane project is a single family residential development consisting of about 18 lots accessed from Tarboro Rd. Much of the property was once under cultivation and is now a mixture of forest stands, abandoned fields, & meadows with one stream feature that is shown on the soil survey, but not on the USGS map. The stream feature (Feature A) enters the property over the eastern property line and exits the property near the western property line near the southwestern property corner. Jurisdictional wetlands were identified on this property. Delineations Plus performed a Wetland & Stream Jurisdictional Determination (JD) & a Wetland Delineation & Stream Delineation on this property. Delineation fieldwork began on July 14, 2005 and ended on July 16, 2005. The principal investigator was Mr. Jonathan J. Hopkins, MPP. The Wetland Delineation discovered one jurisdictional wetland bordering Feature A. Feature A has been modified by either beaver or human activity and the wetland surrounds the stream (pond) that has developed at the downstream end of Feature A. This jurisdictional wetland was flagged (lime & white). Feature A was also delineated and was classified as intermittent from upstream of where it enters the property, through its entire length across the property. The DWQ officer inspected Feature A and hung a orange flag with black stripes to mark the beginning of the Neuse River buffer zone jurisdiction at the eastern property line. Thus Feature A will require buffers on its entire length. However, the two existing drainage ditches that join Feature A are not subject to the buffer rules. The Corps officer also claimed jurisdiction over Feature A from the property line west (downstream). He signed off on the wetland flags- hung by Delineations Plus with no corrections. The Corps officer did not claim jurisdiction over the two drainage ditches. As always, final authority over jurisdictional wetland delineations, stream delineations and impact analysis rests with the Army Corps of Engineers (USAGE) pursuant to the provisions of Section 404 of the Clean Water Act. Final authority over water quality issues, Neuse River buffer rules & stream calls rests with the NC Division of Water Quality (DWQ) pursuant to Section 401 of the Clean Water Act & 15A NCAC 02B.0233. Scope of Work Delineations Plus performed a Wetland & Stream Jurisdictional Determination (JD) & a Wetland Delineation & Stream Delineation on this property. The JD consists of a pedestrian investigation of the property to identify areas that would probably be jurisdictional to either the Corps, DWQ, or both. If areas with wetland or stream characteristics are discovered on site, then a Wetland Delineation is performed. The Wetland Delineation consists of a pedestrian investigation of the property to identify areas that meet the hydrological, hydrophytic vegetation, and hydric soils criteria of a wetland as defined in the 1987 USACE Wetland Delineation Manual. Those areas that show positive criteria indicators for wetlands in all three categories are considered jurisdictional wetlands. These jurisdictional wetlands are then flagged. In this delineation, Feature A comes on the property from the east, at a place where the property line is flagged & visible. Feature A exits the property by the southwestern corner. Hence all of Feature A from one property line to the other property line is within the scope of this investigation. Other drainage features, and potential wetlands, on the whole property were investigated. Thus, the limits of evaluation for this report are the property boundaries. Methodology The JD and the Wetland Delineation were done following procedures and criteria in the 1987 USACE Wetland Delineation Manual. The Franklin County Soil Survey (1994), and the Franklin County List of Hydric Soils were considered in this analysis. Both the soil survey and the USGS Rolesville topographic quadrangle were used to locate and verify streams on the property. Vegetation analysis was done using the US Fish & Wildlife Service 1988 Region 2 Plant List. The National Wetland Inventory (NWI) map for this area was also used in this analysis. No wells or piezometers were installed. Data points were determined wetland or upland according to Wetland indicators listed in the 1987 Manual. Each data point was examined for positive wetland indicators in each of three critical categories: hydrophytic vegetation, hydrology, and hydric soils. If a positive indicator was observed among the criteria listed in each category, then the category was considered satisfied. A data point was designated as a jurisdictional wetland only if it showed positive indicators in all three categories. When a data point was determined to be a jurisdictional wetland, the boundaries were flagged in sequentially numbered flags. Boundaries were determined using reducing conditions, general topography, micro-topography, and both gradual and abrupt vegetation community changes. Initial Conditions General Location & Terrain The Zachery Lane project site is located behind the property bordering Tarboro Rd that is accessed by Zachery Lane. At the end of Zachery Lane there are two properties, a single family home to the left and a trailer to the right. The project site borders these properties to the west & south. The property is roughly rectangular, with a triangular point at it's southern end (see property sketch), with an acreage of about 15.75 acres. All property boundaries are flagged at the corners. The eastern property line is flagged it's whole length, and the western line is associated with a thin tree line and a fallow agricultural field to the west. The property is shown on the USGS topographic quadrangle Rolesville (35078h4, 1967; photo revised 1973); and also on the Franklin County Soil Survey, sheet #13. The Franklin County PIN # of this property is 1861-89-2286. From I-40 take I-540 E to exit 16, Capital Blvd. US 1 N, and take US 1 north. Perry Creek Rd. joins US 1 about 2.1 miles north and you take a right onto Perry Creek Rd. Take Perry Creek Rd. to US 401 (Louisburg Rd.) And turn left onto US 401. Follow US 401 through Rolesville and past the county line to Sid Eaves Rd (SR 1101) and take a left onto Sid Eaves Rd. Take Sid Eaves Rd to Tarboro Rd (SR 1100) and take a left onto Tarboro Rd. Follow Tarboro Rd past Moores Pond Rd. past Murphy Rd (on -2- the right), past Cherry Laurel Rd (left) to Zachery Lane, about 400 feet past Cherry Laurel Rd. Go down Zachery Lane to its end where the project site begins. This property is mostly upland area north & south of Feature A, which cuts diagonally across the southern half of the property. The southern upland is relatively undisturbed climax forest. The northern upland area is mixed forest, meadow, and previously farmed areas. The topography is moderately sloped going down to Feature A on both sides. The southern slopes are steeper that the northern. The existing wetland borders Feature A on both sides on its western end. This end of Feature A is ponded -due to either human or beaver modification. The drainage ditches feed Feature A about where the wetland begins. Local Hydrology This site is in the Neuse River basin. Feature A is an unnamed tributary of Little River, north of Moores Pond. Feature A feeds a pond to its west, but has no ponds upstream of it. This feature is not shown on the USGS map, but is shown on the Franklin County Soil Survey. The Stream Delineation classified Feature A as intermittent in its upstream channel and clearly perennial in its downstream channel (from about halfway .across the property). Thus all of Feature A is jurisdictional to the Neuse River Buffer Rules (15ANCAC 02B.0233). In addition, the Corps claimed jurisdiction over it's entire run on this property. Wetland A borders Feature A starting about where the drainage ditches join that feature. The downstream area of Wetland A includes the beaver pond that exists on the western end of the property. Precipitation Precipitation data for this location came from two sources: The National Resource Conservation Service (MRCS) WETS Station, Louisburg, NC5123, and from The National Weather Service (NWS) form F-6 for Raleigh-Durham International Airport, NC, from January 2005 through August 2005. Data was used to gain a general understanding of the climate effects on wetlands in this area, both current and historical. The WETS Station report monthly averages reveal that the wettest parts of the normal year here is during January, March, May, and then July through September. Each of these months, on average, has greater than 4.12" of rain during the month, over the years on record (1971 - 2000). The five remaining months of the year have less than 3.73" per month during a normal year. The probability is 40% that this area will have between 40.56" and 51.59" annually. For this site, the time period assoc~~ted with a 50% probability that the air temperature is >_28° F is from 04/06 until 10/28. That makes the growing season here 205 days long. For regulatory purposes, 5% of this growing season is 10.25 days. During a normal year, wetlands should be saturated to the surface during the wet season . Jurisdictional wetlands at this site should be saturated to the surface for 10.25 consecutive days of the growing season during a normal year. The NWS F-6 reveals that rainfall has been below normal this year from January 2005 through March 2005. April rainfall was slightly above average; while May & June were below average. July had well above average precipitation (+ 3.3 5 ") while August was slightly above average (+ 0.12). The total rainfall for this year through August has been 26.71 ", which is below average by 2.89". Therefore, to date, this year has been drier than normal. Thus, the wetland boundaries flagged in the field may be under- estimations of the boundaries during a normal year. Soils Soils series in this area were mapped in the Franklin County Soil Survey (1994). Field work was done during 1993. This property is shown on Sheet #13, in the center north, along the edge. The soil series mapped on this property, within the limits of evaluation, are listed on the following chart: Symbol Subgroup & Family Series Phase IIeB Aquic Hapludults Helena sandy loam 2 to 6% slopes VaB Typic Hapludults Vance sandy loam 2 to 6% slopes One of these soil series, the Helena sandy loam; is listed on the Franklin County List of Hydric Soils. None of the data points confirmed ±he existence of this soil series. -3- Plant Communities Plant communities were identified using Classification of the Natural Communities of North Carolina.• Third Approximation (Schafale & Weakley, 1990). Wetland Delineation Data points were determined wetland or upland according to Wetland Indicators listed in the 1987 Manual. Data points were chosen based on hydrology indicators listed in the 1987 USACE Wetland Delineation Manual. Then vegetation analysis was done using both the 1987 USACE Wetland Delineation Manual & the US Fish & Wildlife Service 1988 Region 1 Plant List. If hydrophytic vegetation was present, then soil characteristics were considered. Hydric soil criteria that showed positive indicators on this site were 44.e: reducing conditions and 44.£ soil colors. A data point was designated as a jurisdictional wetland only if it satisfied at least one criteria in all three categories (hydrophytic vegetation, hydrology, and hydric soils). If the data point contained positive indicators in all three categories then it's boundaries were determined using reducing conditions, general topography, micro-topography, and vegetation community changes. Although part of this property is in mapped hydric soils (Franklin County Hydric soils list), the NWI map for this area shows no wetland features on this property. The Jurisdictional Determination, however, indicated that wetlands were present. The Wetland Delineation located Wetland A on the western half of Feature A, bordering Feature A. This wetland occurs where the topography of the northern uplands, after coming down a long gradual slope, drops sharply and then flattens out before it ends in the ponded region of Feature A. The southern uplands fall more steeply as they come to Feature A from the south, then they too take a final drop, ending in a shelf, and end at Feature A. Wetland Hydrology Hydrology of the wetlands on this site is a combination of precipitation runoff from about 20 acres of upland, ponded conditions due to alterations by either man or beaver, and groundwater close to the surface of the final shelf of land before the stream (pond) begins. Wetland A had a seasonal high water table (SHWT) of about'/2" bgs. at Data Point 1, with water in the hole at about 3". Soil was saturated at the surface during this investigation. Alpha alpha dipyridyl tested positive at about '/z" bgs. These hydrologic conditions, combined with the clay content of the soils, produce zones that are probably saturated for long duration, or fir very long duration. For regulatory purposes, 5% of this growing season is 10.25 days. Delineation fieldwork began on 07/14/05 and ended on 07/16/05. This was during the growing season and during the normal wet season. Since Wetland A was saturated at the surface during this investigation (during a year of less than normal rainfall), it is my professional judgement that this wetland is saturated to the surface for 5% of the growing season during a year of average rainfall. That means that Wetland A is jurisdictional to the US Army Corps of Engineers pursuant to Section 404 of the Clean Water Act. Wetland Boundaries Boundaries were partially determined using alpha alpha dipyridyl, which tests for ferrous iron in the soil. The presence of ferrous iron in the soil is an indicator of reducing conditions. Reducing conditions exist in water-logged soils, and water-logged soils are a necessary component in the formation of hydric soils and the perpetuation of hydrophytic vegetation. Thus reducing conditions are used as a wetland indicator. This test for reducing conditions, combined with observation of the general topography, the micro-topography, and plant community transitions, were the indicators used to flag the wetland boundaries. For this wetland, topography and reducing conditions were the major boundary determinants. Boundaries were flagged~with lime & white flags. Copies of Data Points are available upon request. -4- Stream Delineation Feature A was evaluated using the NC Division of Water Quality Stream classification form & the US Army Corps of Engineers stream classification form. Stream Data Point 1 (SDP 1) describes Feature A where it flows on to the property, while SDP2 describes conditions of Feature A downstream of the first dam that blocks the channel. Feature A was judged as intermittent as it passed over the eastern property line (scored 21.5 by the DWQ officer) and it becomes perennial after the second dam across the channel (DWQ score 28.5 in the upstream perennial stretch). The DWQ officer ruled that Feature A was subject to the buffer rules from its upstream crossing of the eastern property line all the way across the property to where it exits beside the southwest property corner. Feature A was also claimed as a "water of the US" by the inspecting Corps officer. That means that the Corps also claims jurisdiction over this feature (i.e. the stream bed and banks of Feature A). Thus feature A is jurisdictional to both the Corps and to the Neuse River buffer rules. Conclusions Jurisdictional wetlands were identified on this property. Delineations Plus performed a Wetland & Stream Jurisdictional Determination (JD) & a Wetland Delineation & Stream Delineation on this property. Delineation fieldwork began on July 14, 2005 and ended on July 16, 2005. The principal investigator was Mr. Jonathan J. Hopkins, MPP. The Wetland Delineation discovered one jurisdictional wetland bordering Feature A. Feature A has been modified by either beaver or human activity and the wetland surrounds the stream (pond) that has developed at the downstream end of Feature A. This jurisdictional wetland was flagged (lime & white). Feature A was also delineated and was classified as intermittent from upstream of where it enters the property, although the downstream end of Feature A is perennial. The DWQ officer inspected Feature A and hung a orange flag with black stripes to mark the beginning of the Neuse River buffer zone jurisdiction at the eastern property line. Thus Feature A will require buffers on it's entire length. However, the two existing drainage ditches that join Feature A are not subject to the buffer rules. The Corps ofFicer also claimed jurisdiction over Feature A from the property line west (downstream). He approved the wetland flags hung by Delineations Plus with no corrections. The Corps officer did not claim jurisdiction over the t~~vo drainage ditches. As always, final authority over jurisdictional wetland delineations, stream delineations and impact analysis rests with the Army Corps of Engineers (USAGE) pursuant to the provisions of Section 404 of the Clean Water Act. Final authority over water quality issues, Neuse River buffer rules & stream calls rests with the NC Division of Water Quality (DWQ) pursuant to Section 401 of the Clean Water Act & 15A NCAC 02B.0233. Additional Work The next phase of the Delineation process will be the production of the Wetland Map. Once the map is produced, Delineations Plus will have the Corps officer sign off on the map, making this delineation good for five years from the date of signature. Upon it's release from the Corps, a copy of the map will be delivered to Edens Engineering & to BMJ Consulting, LLC. All of this work is covered in the current contract. A 404 permit may be required by the Corps due to wetland and/or stream impacts. If a 404 is required, it will trigger the need fora 401 permit from the NCDWQ. There may also be Neuse River buffer impacts. If you would like Delineations Plus to consult with you and complete applications for your 404 or 401 permits, please contact us. -5- Delineations Plus is pleased to have been able to help you with this project. Payment for the JD & Delineation fieldwork is currently due. If you would like us to pursue any of the additional permit work outlined above, please give us a c e 1 ok f and to working with you in the future. 'nce ly, Jon han Hopkins MPP Pr ident D ineations Plus 6308 J. Richard Dr. Suite 104 Raleigh, NC 27613 919 932-7217 wetmeadow@att. net Attachments: Figure 1: Wetland & Stream Location Sketch USGS map of local area with site identified Soil Survey map with site identified -6- `d EZET-~~ f6i6J Xd~ 1~Cy3Sd1 dH WbTE~OT SOOZ II i~~ Copyright (C) 1998, Maptech, Inc 4 „yzil", ~~~ S~~'~,x ,~ .1 ~=;.L ~':~ -~... F- ~ .:+ k'~i ~~ Ri 'r~ 8 ro ~» _ W' .~ o Jy fi.. ~~i yap M ~.~ s- _ ~~ N w .~~ .. ~~ S '~#' . 1 : i } _ ~ •• L' 1Y -~. ~ z rry~~- ' j r DWQ Project No. a1 D06 ' l~ 6 DIVISION OF WATER QUALITY -LEVEL SPREADER WORKSHEET I. PROJECT INFORMATION Iplease complete the following information): Project Name: Cobb Psf6ne S~6.r!'viSr®~ Contact Person: ~ ~% l<P//mar' Phone Number: (q l9) 8y ~ 7Y37 Level Spreader ID:. Level Spreader Length Drainage Area Impervious Area Maximum Filter StriplBuffer Slope grass Max. Discharge from a 10 Year Storm Max. Discharge to Level Spreader Filter StriplBuffer Vegetation a x )Sc ft ~, `~o ac. O. ~ `I ac. t~ ~:3. ~°{ cfs a3-~-,"{ cfs iaS (perpendicular to flow) (on-site and off-site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (6% for forested, leaf littler cover, 8% for thick ground cover)' (thick ground cover or grass, canopied forest with leaf litter groundcover) Pre-treatment or Bypass Method II. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. A lican s Initials Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter. Pre-Form Scour Holes are on flat slopes only No structures are located in protected buffers If bypass method specified in the Draft Level Spreader Design Option Document: Bypass method is specified (if applicable) and plan details and calculations are provided Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. No structures are located in protected buffers. i~-,_ Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. `~ / The operation and maintenance agreement signed and notarized by the responsible party is provided. Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. DWQ Project No. a a~6 ` 116 DIVISION OF WATER QUALITY -LEVEL SPREADER WORKSHEET I. PROJECT INFORMATION please complete the following information): Project Name : Cobb P.s-tt6~ e Sib ~~ visi~~ Contact Person: ~ /~~/ e~ Phone Number: Level Spreader ID: , a Level Spreader Length Drainage Area Impervious Area Maximum Filter StriplBuffer Slope grass Max. Discharge from a 10 Year Storm Max. Discharge to Level Spreader Filter StriplBuffer Vegetation Pre-treatment or Bypass Method II. REQUIRED ITEMS CHECKLIST -7Y37 o-10 ft. (perpendicular to flow) O. I/ ac. (on-site and off-site drainage to the level spreader) . o- ac. (on-site and off-site drainage to the level spreader) (6% for forested, leaf littler cover, 8% for thick ground cover)" d- y cfs o• y cfs fa ss (thick ground cover or grass, canopied forest with leaf litter groundcover) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. A lica s Initials Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter. Pre-Form Scour Holes are on flat slopes only No structures are located in protected buffers' If bypass method specified in the Draft Level Spreader Design Option Document: Bypass method is specified (if applicable) and plan details and calculations are provided Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. ,~ No structures are located in protected buffers. ~ Plan details for the bypass and outlets are provided. _The operation and maintenance agreement includes annual erosion and vegetation repair. _The operation and maintenance agreement signed and notarized by the responsible party is provided. Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. DWQ Project No. ~ ~6 ` ~~ 6 DIVISION OF WATER QUALITY • LEVEL SPREADER WORKSHEET I, PROJECT INFORMATION please complete the following information): Project Name ; C~ bb Ps-~a-n e S~ 6 ~(~ ~ is; o~ Contact Person: ~ /~~'//e~ Phone Number: (~/9) PY - IY37 Level Spreader ID: • 3 Level Spreader Length Drainage Area Impervious Area Maximum Filter StriplBuffer Slope grass Max. Discharge from a 10 Year Storm Max. Discharge to Level Spreader Filter StriplBuffer Vegetation Pre-treatment or Bypass Method II. REQUIRED ITEMS CHECKLIST a x ~ 7 ft. y - ~ ac. d. y~ ac. 1 y.9 cfs l y 9 cfs f asS (perpendicular to flow) (on-site and off-site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (6% for forested, leaf littler cover, 8% for thick ground cover)' (thick ground cover or grass, canopied forest with leaf litter groundcover) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. A lican s Initials Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter. Pre-Form Scour Holes are on flat slopes only No structures are located in protected buffers' If bypass method specified in the Draft Level Spreader Design Option Document: Bypass method is specified (if applicable) and plan details and calculations are provided Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. No structures are located in protected buffers. ~ Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas, In any event the second level spreader cannot be located in Zone 1 of a protected buffer area, DWQ Project No. a o~6 ` 116 DIVISION OF WATER QUALITY • LEVEL SPREADER WORKSHEET I. PROJECT INFORMATION jplease complete the following information): Project Name: Cobb Psfa-ne 5~6~( ~is.o~ Contact Person: ~4~ /~~//mar Phone Number: Level Spreader ID:. y Level Spreader Length Drainage Area Impervious Area Maximum Filter Strip/Buffer Slope grass Max. Discharge from a 10 Year Storm Max. Discharge to Level Spreader Filter StriplBuffer Vegetation Pre-treatment or Bypass Method II. REQUIRED ITEMS CHECKLIST Y3 ~ a0 ft. (perpendicular to flow) C7, /3 ac. (on-site and off-site drainage to the level spreader) a,o/ ac. (on-site and off-site drainage to the level spreader) (6% for forested, leaf littler cover, S% for thick ground cover)' 0.5 cfs 0,5 cfs rays" (thick ground cover or grass, canopied forest with leaf litter groundcover) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. A lica s Initials Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter, Pre-Form Scour Holes are on flat slopes only No structures are located in protected buffers' If bypass method specified in the Draft Level Spreader Design Option Document: Bypass method is specified (if applicable) and plan details and calculations are provided Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. ./~ No structures are located in protected buffers. _ ~ Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. LEVEL SPREADER OPERATION AND MAINTENANCE AGREEMENT The level spreader is defined as an e-ongated, level threshold, designed to diffuse stormwater runoff. Maintenance activities shall be performed as follows: 1. After construction and until vegetation has been established, level spreader(s) shall be inspected after every rainfall. Thereafter, level spreader(s) shall be inspected at least every month and more frequently during the fall season and after heavy rainfall events: a, Accumulated sediment, leaves, and trash shall be removed, and repairs made if required. b. Inspect level spreader(s) for evidence of scour, undercutting, settlement of the structure, and concentrated flows downhill from the level spreader(s). c. A level elevation shall be maintained across the entire flow-spreading structure at all times. Repair or replace the level spreader if it is damaged. d. Mow vegetative cover to a height of six (6) inches and prune plants if they cover over half of the level spreader surface. e. Repair eroded areas and replace/replant dead or damaged vegetation. 2. The contractor should avoid the placement of any material on and prevent construction traffic across the structure. If the measure is damaged by construction traffic, it shall be repaired immediately. 3. Inspect and repair the collection system (e.g., catch basins, pipes, swales, riprap) four (4) times a year to maintain proper functioning. 1 acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWG of any problems with the system or prior to any changes to the system or responsible party. n Print name: v ~ ~- ~- Title: ~ Address: ~ . ~ `I ~'~ i? Phone: ~~ ~~~ ~ qs ~-~3 ~ 3 i Date: ~" Note: The legally responsible party should not be a h Hers association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. i'f' W T~_____-_________. a Notary Public for the State of ~'~??~ C.,~.a ~,r~ , I~ ---~ ------------- ~r-< ~ do hereby certify that _I'~ ~ N ~_~ _ ~- __~R __--_______-- County of -----~ --------------. ----- (y( ~ ' 7 N personally appeared before me this 4- ~ /`day of ~~r~l?Bc~_____, ~ _, an acknowledge the due execution of the fooing wet wetland] detention basin maintenance requirements. Witness my hand and official seal, 4~~„" ~~~~ ~.•~`,~ W, TV~q. .~ NOTARY ~: ~ PU6UC V :7~ ~:. . FCOU~N~J~ SEAL My commission expires ~" r' ~' ~ ~ ~ lJ Page 1 of 1 ~a ~ntf~ r,31d17C1SSd '8 h3~M021~ ZL88Z956t6 90~bi 9002/50/ZT