Loading...
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 .•._ "`^^??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: `b tJ 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 ? .i a < 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 ?Q 0 p 101, O m 0- Z (.) 0 V .cv :- ro f m m CL ?. U "IV m r i b^ -- ~0 z , 1 0 i _ L ; NGI}.F' - rat,, ..?t 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: VI rdimn., j OLCMr Date: O ( Y?iA Name) ,-Ili ? CAQE4A??*.A-j (S' ature) OJ W ¢ a 1 F ? J ,. a r L< nQ r ?J ?Z¢U« a.w.Lo J w3- w =7 m w0v^ ¢ Q Q a ??aV) LL: L a. a a I I I I- - I s1? d ?JI _I I l I i V 3 Z W LZ, I _r = / J \ \ \\ ?1 n I ?? Q / H ~ N ?? U U CL CL 0 CL 2 Q Qa 3 SHrryg 1J 3H1'7 ?Ni>I ` `' ? N831Sb3 V 1 V 1 i ? Q l F- u I d 6 I W YI I_j G S NG a ?x -IS I I W 0 J O Q I N o z o W> U n a > Q;a 2 I L "s Q U I U o C N S W . ??CC?V/11 zz Y j N ? o C A W W€ W = Z O L z F W E 3 a Q J J Q ce LLJ 0 Z O ¢ V Ln U C C L W LL LL D m F"- W U Q LU ? J LL. J CL cr) ::) LL Z C) N U Q a ?E N u. ",t u1 v U- o L u F-- Z n v O II II O w CL Z < < ? d - Z N Z O m V) LJ_l Y J F- O Ln x MIONGA38 NOW -6.V"3115-jWd3AO\A-...i6\SONVII3M\I'19Z,0\09Z-.0\>O\?. W I I ?-?. 11 Z N lei N i l / f-, !t W I In-. I 'rte I y iM0 p' W / / W W ?C)7 'N N: Z W O o w 3 LL. ED 0i W CT N (Y) to u I I 1 $1'. / N (1J ?/ / / A IL ?/ /???, U- m N ? Z 10 LLJ U / / I QZ Q W / N LLJ CL u w Z ?? / / / /. / 1 ' 11 VOC < Z U COD / / I I Z) > / / 1 I 32? a ,/ v ! I i 11 LL / 1 i 1 0 s Oo AO - coot "I N-r -?xoaxewm-3sre\.co.??,a\SprML;v,\,?ez.o\0 Z-.o\.o\,. 2 (b 'A 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 , * f N U f • !`' M U >?r 1 K ?•?' 390 1201. 64 f •TY a ° r N Project No. 9068.w1. Figure 1- USGS Map old • r r r, 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 ?? , !' ' a a?C r } ??s t ?.-y?y, ?'Y A `t ? s?`i ,{ : '?. -' ?"•e S ?' 1, ? ? 't ? . € f ? ? ? g ? ? z' } { ? ? ' 1 , , 2 ' y' 4 Y? to ? f p i'L + ? C A ?'T' ? . ( ? '_ - ? ??. :?'^ •? - , -? ? _ G ? ti 4 : ` 1 f $ ?? r . G .sue i ' CIL K 4 y } 6 c tr 7 , 4 ' ' . t y -..r $?k 'Iiz ?V ? ' /?e.t *b -• ,?Pf??? r»? ?e' k? I ._-? _ i }y6 r ??t'.?, ?Al?i: 7' { ? 2 Y s - P _ 5 n ( ? ?. ? b{. ? ? `3..s ?.t t E tf ? r _ ?a ? ra 33 F ?? ' E a t y + : , ? M % pB '? ?r£ ?. y iE t4r °'?l:i' ,? ^Go yrx ?' ?..3` +-.g 3 + tip .. 'z. Y Na??w- .?? '? 2?C -i C ?? ?? ?' ??? fTL EY ?rT ?I ? f 1:F r ? :? E tw? A F ? k { '? I ? 7 ? Y ? V Y ? - t £V F r ,?„ss; } + ty'- CI .eS ,fit . .y _ ? G S N 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 ?y?