HomeMy WebLinkAbout20090857 Ver 1_401 Application_20090809WITHERS V IN L
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
(919) 469-3340
FAX (919) 467-6008
TO: ba C.- Tx IQ
?h A y" r ?w jF m
WE ARE SENDING YOU
? Shop Drawings
? Copy of Letter
? Attached via
? Prints
? Change order
U Plans
? Diskette
_ the following items:
? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
X009
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"`^^??7SANDS RQUAUTy
THESE ARE TRANSMITTED as checked below:
LKror approval ? Approved as submitted
or your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
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COPY TO: p-, _ SIG i ra?a?.? nG c
NMT-
LIEUTER 0IF MUSE D` ML
DATE bq JOB NO.
ATTENTION
PHONE #
RE: O J' rP
0 8
? Resubmit
? Submit
? Return
copies for approval
copies for distribution
corrected prints
if enclosures are not as noted, kindly notify us at once.
WITHERS Lam: RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
August 7, 2009
NC-Division of Water Quality
Attn: Ms. Amy Chapman
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
aL-kxx +VJL ?az? - 09-0857
Re: Southlakes Greenway
Request for after-the-fact Buffer Compliance
USACE AID#: 2oo62o162
W& R Project Number- 02040261.1
Dear Ms. Chapman,
Qff. &NonrE?
AUG 7 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER ORR"
On behalf of South Lakes Investors LLC, we are requesting an after-the fact authorization
from the NC-DWQ for impacts to the riparian buffer associate with the-install atlon o a
greenway and boardwalk in an existing subdivision. Boardwalks and bridges were utilized
at all wetland and stream crossings to minimize impacts. It should also be noted that the
greenway is being installed in an existing sewer line easement, to further minimize impacts,
and no additional clearing was done outside of the sewer easement. The greenway impacts
associated with bridge construction consist of 1,154 SF (21:724, Z2:430)•
The total acreage for the South Lakes Subdivision is approximately 225 acres. The site is
located on the east side of Highway 55 approximately 2000 feet south of the intersection of
Old Honeycutt Road (SR2765) and Highway 55, in Fuquay Varina, Wake County, North
Carolina. The site contains an unnamed tributary of Black Creek, and is located in the Neuse
River basin. The Water Quality Classification for this feature is: "B; NSW", the Cataloging
Unit for the site is: 030202o1, and the Stream Index number is: 27-4541).
Project History
Wetlands were delineated by Soil and Environmental Consultants, and a site meeting was
conducted on February 23, 2005 with the USACE to verify the wetland delineation.
Nationwide Permits 12 & 39 were issued on December 5, 2005 for the temporary excavation
and/or clearing of o.191acres of wetlands associated with the utility line (AID 2oo62o162),
and permanent impacts of 0.003 acres of wetlands associated with the road installation (AID
2oo62o163). A modification to the previous 404 Permit was issued on July 12, 2oo6 that
authorized the temporary excavation and/or clearing of o.91 acres of wetlands and 102
linear feet of stream associated with the utility lines. This modification replaced the
previous NWP 12 (AID 2oo62o162). Additional impacts for utility line installation were
approved by default, because the permit `timed-out'.
Permitted impacts for the project (see attached approval) consist of 137 linear feet of
temporary stream channel impacts, 1.15 acres of temporary wetland impacts, and 0.023
acres of permanent wetland impact. However, based on the as-built survey, the actual
impacts are slightly less than what was approved. An additional 0.04 acres of isolated
wetlands of the State were also impacted. Please note, when these impacts were approved
by the Corps, 401-Certification and/or buffer compliance was not required, since the
iii MacKenan Drive i Cary, NC 27511 1 tel: 919.469.3340 1 fax: 919.467.6oo8 I www.withersravenel.com
7040 Wrightsville Avenue 1 Suite 1o1 i Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 i fax: 91o.842.8o19
permanent wetland impacts were less than o.i acres and no permanent impacts to streams
were proposed
Avoidance and Minimization
Prior to site plan development, the applicant requested that a detailed wetland delineation
be conducted so that impacts to wetlands and `waters' could be minimized. The site plan
was designed to minimize impacts, in fact, there have been no permanent impacts to stream
channels and the permanent wetland impacts are less than o.1 acres. The greenway is being
installed in an existing utility line so that no additional clearing will be required, boardwalks
are being used at wetland crossings, and a bridge will be installed to avoid stream impacts.
Mitigation
Because greenway trails are an allowable use in the buffer, we do not believe that mitigation
should be required.
Please feel free to call if you have any questions or require additional information.
Sincerely,
WITHERS & RAV EL, INC.
el-- ?10
Todd Preuninger
Director of Wetland and Biological Services
Attachments:
1) PCN Form
2) Site Plans
3) Agent Authorization
4) USGS Quadrangle Map
5) Wake County Soil Survey Map
6) USACE Permit
00-0 P?57
O?
`0F W A 7,f;y
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
? Section 404 Permit C] Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NA or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
? Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: South Lakes Greenway
2b. County: Wake
2c. Nearest municipality / town: Fuquay-Varina
2d. Subdivision name: South Lakes DEHR. wA1ER QUALITY
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information
3a. Name(s) on Recorded Deed: South Lakes Master Association, INC - Attn: Virginia Wamer
3b. Deed Book and Page No. DB 12895, PG 0406
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 140 Towerview Court
3e. City, state, zip: Cary, NC 27513
3f. Telephone no.: 463-9940
3g. Fax no.: 463-9983
3h. Email address: ginger@impactholdings.com
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Todd Preuninger
5b. Business name
(if applicable): Withers & Ravenel
5c. Street address: 111 MacKenan Drive
5d. City, state, zip: Cary, NC 27511
5e. Telephone no.: 919-469-3340
5f. Fax no.: 535-4545
5g. Email address: tpreuninger@withersravenel.com
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 0676448150
Latitude: 35.5714630 Longitude: -
1 b. Site coordinates (in decimal degrees): 78.7493055
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 225 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Partins Pond, Black Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: B; NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is is comprimised of a residential subdivision, all roads and infrastructure have been installed, and houses are
are currently occupied by homeowners.
3b. List the total estimated acreage of all existing wetlands on the property:
> 2acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
over 7000 feet of stream exist within the property boundaries
3d. Explain the purpose of the proposed project:
The prupose of the project is to provde a walking trail for the residents of Southlakes.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of a greenway trail in an existing sewer line easement. All streams will be bridged
and wetlands will be boardwalked. Typical equipment (such as bulldozers) will be used to prepare the corridor so that
asphalt can be laid.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past.
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Soil and Environmental
Consultants
Name (if known): Todd Preuninger Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Site meetings with the Corps were conducted on February 23rd, 2005 (approvals are included with the attachments)
In addition, DWQ visited the site in March 2005 to confirm the buffer start points (DWQ # 05-058)
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Nationwide Permits 12 & 39 were issued on December 5, 2005 for the temporary excavation and/or clearing of 0.191 acres of
wetlands associated with the utility line (AID 200620162), and permanent impacts of 0.003 acres of wetlands associated
with the road installation (AID 200620163). A modification to the previous 404 Permit was issued on July 12, 2006 that
authorized the temporary excavation and/or clearing of 0.91 acres of wetlands and 102 linear feet of stream associated
with the utility lines. This modification replaced the previous NWP 12 (AID 200620162). Additional impacts for utility line
installation were approved by default, because the permit 'timed-out'.
Permitted impacts for the project (see attached) are 137 linear feet of temporary stream channel impacts, 1.15 acres of
temporary wetland impacts, and 0.023 acres of permanent wetland impact. An additional 0.04 acres of isolated wetlands
of the State were also impacted. Please note, when these impacts were approved by the Corps, 401-Certification and/or
buffer compliance was not required, since the permanent wetland impacts were less than 0.1 acres and no permanent
impacts to streams were proposed. In addition, based on the as built survey, the actual impacts on site are less than
what was actually approved/permitted
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
There has been no advanced planning beyond the current phases and there are no specific additional impacts planned at
this time. However, requests for additional impacts for other project related items may occur.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts p
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number- (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P)
or Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose of (acres)
number pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) for Stream name mitigation (square feet) (square feet)
or Temporary T impact required?
131 ®P ? T greenway UT to Black Creek ® Nos 724 430
B2 ?P?T ?Yes
? No
63 ?P?T ?Yes
? No
6h. Total buffer impacts 724 430
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Prior to site plan development, the applicant requested that a detailed wetland delineation be conducted so that impacts to
wetlands and 'waters' could be minimized. The site plan was designed to minimize impacts, in fact, there have been no
permanent impacts to stream channels and the permanent wetland impacts are less than 0.1 acres. Boardwalks and bridges
were utilized at all wetland and stream crossings to minimize impacts for the greenway. It should also be noted that the
greenway is being installed in an existing sewer line easement, to further minimize impacts, and no additional clearing was
done outside of the sewer easement.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project was designed such that no streams or wetlands were impacted by the greenway. Boardwalks and bridges were
utilized at all wetland and stream crossings to minimize impacts for the greenway. It should also be noted that the greenway
is being installed in an existing sewer line easement, to further minimize impacts, and no additional clearing was done outside
of the sewer easement.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this project? ? Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: NA
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The subdivision is currently built, this application is for the contruction of ? Yes ® No
a greewnay trail. All stormwater is being routed to level spreaders.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: At the time the subdivision was
designed, permitted, and constructed, it did not require 401 approval, therefore a stormwater management plan was not
required.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): The applicant was
unaware that placing a boardwalk/bridge in an existing cleared sewer easement, required prior approval from DWQ.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This application is for the construction of a greenway trail within an existing subdivision. We do not believe that the
greenway trail will lead to additional development or impact water quality.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
NA - greenway trail
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The proposed project is the construction of a greenway trail in an existing sewer line easment, therefore we do not
believe that any critical habitat will be disturbed. Moreover, permits were previwsouly issued for this project, and the
Corps reviewed their database to make sure that endangered species were not identified in this area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
This is not a coastal county.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The greenway trail is being placed in an existing sewer easement.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA Maps
-t C.?
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
WITHERS Off" RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive Cary, North Carolina 27511
tel:919-469-3340 fax: 919-467-6008
www.withersravenel.com
USGS QUADRANGLE MAP
SOUTH LAKES
OLD HONEYCUTT RD & KENNEBEC RD
FUQUAY-VARINA, NORTH CAROLINA
FUQUAY-VARINA &ANGIER QUADS -11
Drawn By: Scale:
LMWT 1" = 2000'
Approved By: Date:
TP 08/06/200
Figure No.:
Job Number:
02040261.01
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Site Access/Agent Authorization Form
Project Name: Sow L/AKES 61V-&F" 1
Property Owner/Contract Purchaser: 5oJj-H LAKES Iv Iw5 z ?z A5--,j. Address: Jg0 ??-e--r
Nc 27,f?,--S
Phone: 91'i 4(,S- 61q 10
Fax: q 1 C? ? (- 3 - 5 0
Email: U?NG,?SZ @ i??? Ac7k Fb?? ?G s cor-?
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner:
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200620162 County: Wake
USGS Quad: An ier
I'doo
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
?fC
Property Owner / Authorized Agent: Mr. Glenn Futrell
Address: South Lakes Investors, LLC J(/
140 Towerview Court
Cary, NC 27511
art 13 aw
?ets(?
Telephone No.: 919463-9940 1'mel
Size and location of property (water body, road name/number, town, etc.): The proiect site is located on the east side of
Highway 55, approximately 2000 feet south of the intersection of Old Honeycutt Road (SR 2765) and Highway 55, near
Fupuay-Varina.
Description of projects area and activity: This permit authorizes the temporary excavation and/or clearing of 0.91 acres of
wetlands and 102 linear feet of stream associated with utility lines. This permit replaces the previous nationwide 12
authorization AID 200620162.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
-Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Thomas Brown at (919) 876-8441 x22.
Corps Regulatory Offici Date: July 12, 2006
Expiration Date of Verification: March 18, 2007
Copy Furnished:
Withers & Ravenel
Attn: Todd Preuniger
111 MacKenan Drive
Cary, NC 27511
-2-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is
a change in the law or egu a ions, ffiis determination may for a period not to exceed
-03ir F z1 1: date of this notification.
There are waters of the US and/or wetlands within the above described project area subject to the permit \
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Tiw,jurisdictional areas within the above described project area have been identified under a previous action.
Please r rencceurisdictional determination issued _. Action ID
Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and are adjacent to Black Creek. The property contains stream channels that
exhibit an Ordinary High Water Mark as indicated by changes in soil character and absence or terrestrial
vegetation and are hydrologically connected to Black Creek, in the Neuse River Basin.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at.33 CFR part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to
appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the
Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of
the NAP. Shoup you decide to submit an RFA form, it must be received at the above address by September 3, 2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: Thomas Br
Date July 3, 200
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Withers & Ravenel
Attn: Todd Preuniger
111 MacKenan Drive
Cary, NC 27511
... --- __ --- y rrllnnxa IyJUUL
WATF9 Michael F. Easley, Governor
William G. Ross Jr, secretary
North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E. Director
0 Colleen H. Sullins. Deputy Director
Division of Water Quality
March 28,-2005
r a? r'. I_ I \ q
Mr. Aaron Cooper D I11- Vol
58r.1EC 11010 Raven Ridge Road ?)JMAR 3 0 2005 Raleigh, NC 27614 ?
05-058 Revised
County: Wake
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B .0233) (15q NCAC 2B .0259)
Subject Stream; UTs to Black Creek
Date of Mtermination: 3/2/05
Feature Start Buffer End Buffer Stream Appeal Located FLoca-ledon
GPS Points (if provided) Pone Call
on Soil S
A Subject (Not Contested) Sawa To 0
x x
B Pond and Stream - Stebject
of Contested x x
C Subject (Not Contested)
D
Not Subject X 7t
E Not Subject x
F Not Subject x
x
G
Not Subjec# X
X
WWI'
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC : 7699-1628 phone (998) Customer Service
facsimile (9799) ) 571-4718 7-877.623-6748
Project Name: Old HoneyeW toad
Location/Directions: Area County). bordere
Creek Township (Wake Counry) : by N.C. Highway 55, Old Honeycutt Road, and Kennebec Road in Middle
IF 3/28/2005
Page 2 of 2
Feature
H Start Buffer
GPS Points (if provided)
Subject at "Start H" Flag
S&EC 1" la S-02 End Buffer Stream
Form Appeal
Call Located Located on
on Soil USGS
Surve To a hoc
X
I Not on Property X
J Not on Property X
K Not Subject (Incl. 2 Ponds) X X
L Subject at "Start L" Flag X
M Subject (Not Contested) X X
N Not Subject X
O Subject at "Start O"'Flag
S&EC Flag A-I2 X
P Subject at "Start P" rlag X
Q Subject (Not Contested) X
X
R Subject (Not Contested)
=
X
S Pond and Stream Subjject 4 X X
This on site determination shall expire jlve (5) years from the date of this letter. Landowners or affected parties
that dispute a determination m ae!e by the D WQ or Delegated LocalAruhorky that a surface water exists and that
ft is subject to the buffer rule maw request a deterodnation by the Director: A request for a dderminatlon by the
Director shall be referred to the Director in writing do Cyndi Karoly, DWQ Wedands1401 Unh; 2321 Crabtree
Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by floe DWQ or Delegated Local
Authority that "exempts"a surface waterfront the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants ate hereby notified that the 60-day statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct shit notification In order to be certain that third
party appeals are made in a timely stammer. To ask for a hearing, send a written petition, which conforms to
Chapter 150E of the North Carokna General Statutes to the Office of Administrative Hearings, 6774 Mail
service coder, Raleigh, N.C. 2709-6714. This determination is fatal and binding unless you ask for a hearing
within 60 dayc
The (owner/future owners) should notify the Division of Water Quality (bmcluding any other,Loca4 State, and
Federal Agencies) of this deeisiow concerning any future correspondences regarding the subject property (stated
above). This project may requirr a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (979)-733-1786,Xtnd the USArmy Corp of Engineers
(Raleigh Regulatory Field Qfjiee,, at (919)-876-8441. r
Eric W. Kulz
Environmental Spe U111
CC: File Copy
Central Files
DWQ 401/Wetlands Offix
'Byron Brady - Wake County Environmental Services
Jay Meyers - Town of F quay-Varina
Raleigh Regional Office 1628 Mau SeMoe Center KDENK Water Quality Section Raleigh, 14C 27699-1628 facsimile Phone (919) 571-p Customer Service
(9199) ) 571.8718 1-877-623-8748
4 ,
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Project No.
9068.w1. Figure 1- USGS Map
old •
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Project Mgr.: Honeycutt Road Soil & Environmental Consultants, PA
TP Impact Properties 11010 Raven Ridge Rd.- Raleigh, NC 27614
Waite Co., NC (919) 846-5900 • (919) 846-9467
Scale: Web Page: www.SandEc.com
161=2000
9/16104 Fuquay Quadrangle
Dated 1993
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Project No.
9068.w1
Project Mgr.:
TP
Scale:
1" =1320'
9116/04
Figure 2 - Soil Survey
Old Honeycutt Road
Impact Properties
Wake Co., NC
Wake Co Soil Survey
November 1970
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
(919) 646-5900 - (919) 846-9467
Web Page: www.SandEC.com
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