20050034 Ver 1_Complete File_20050106

Michael F. Easley, Governor

William G, Ross Jr,. Secretary
North Carolina Department of Environment and Natural Resources

Alan W, Klimek, P.E, Director
Division of Water Quality

August 26, 2005
DWQ # 20050034
. Wake County

. CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Mr. Trent Ragland
2424 Glenwood Avenue, Suite 105
Raleigh, NC 27609

Subject Property:

Westgate Park
UT to Sycamore Creek [03-04-02, 27-33-9, C NSW] *303 (d) listed waters

NOTICE OF WITHDRA WL

Dear Mr. Ragland:

.,
:1

On January 6, 2005, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on January 14,2005 discussing concerns that we
have regarding the design of the project and stating that it would be placed on hold for three weeks
giving you time to address DWQ's concerns, As of today, DWQ has not received a response to this
request. Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's
earlier concerns are addressed, Once you have collected sufficient information to have a complete
application (please see our January 14,2005 letter for the missing information), you will need to
reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.

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Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statuses and Administrative Code, Please call Mr, Ian McMillan at 919-715-4631 if you have any
questions or concerns.

cc:

Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Sean Clark, S&EC, 11010 Raven Ridge Road, Raleigh, NC27614

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o Ov sightlExpress R~vief Permitting Unit

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Filename: S:\2005 Correspondence\05-0034 Westgate Park (Wake) Withdrawl.doc

N.t.l1hCarolina
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401 OversightlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard. Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: http://h2o.enrstate.nc,uslncwctlands

An Equal Opportunity/Affirmative Action Employer - 50'70 Recycledll 0'70 Post Consumer Paper

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NCDENR

North Carolina Department of Environment and Natural Resources
Division of Water Quality

Michael F, Easley, Governor

William G, Ross, Jr., Secretary
Alan W, Klimek. P,E" Director

January 14, 2005

DWQ Project # 05-0034
Wake County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Trent Ragland
2424 Glenwood Ave" Suite 105
Raleigh, NC 27608

Subject Property:

\Vestgate Park
UT to Sycamore Creek *303 (d) listed waters

REQUEST FOR MORE INFORMATION

Dear Mr. Ragland:

On January 6,2005, the Division of Water Quality (DWQ) received your application dated
January 6,2005 to impact 145 feet of streams and 14,481 square feet of riparian buffers to
construct the proposed office/industrial park. 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 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 Inform!;lt;,,- T' T\ "\.'
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1. Please st /J....., ~ ,e. 0 J 1 , length of culverts, dissipaters,
velocitie~ ~7 ;cale of 1" = 50", this site plan should
include tc _ . )U~
r\ e ~ ~2 \) ,

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3. Your appli ',~ \./O\~~__,,-~-(J._-------,.-,_=_e an office/industri~l park and the
percent 1m) \ ._--------- .', t 1.- '10, The DWQ reqUIres more
informatiOl ~ . cA... ,.)\, \.>o.,.J, \.. .'.-' \ .). cifically the area of all proposed

2, Please ind

the site plan,

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401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Ca
2321 Crabtree Boulevard, Suite 250, Raleigh
Phone: [phone] FAX [phone]

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Trent Ragland
Page 2 of2
1/14/05

impervious surface including but not limited to the rooftops, parking lots, roads, sidewalks,
driveways etc.

Please respond within three weeks of the date of this letter by sending this infonnation to me in
writing and Eric Kulz ofthe DWQ Raleigh Regional Office. Ifwe 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 Deborah Edwards
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,
DWQ, Wetlands / 401 Unit

CBK/ dae

cc: Eric Kulz- DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sean Clark-S&EC

Filename: OS0034WcstgatcPark(Wakc)401 +hold

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Parcel Number: 0778545942
2002 B/W Ortho View
Map crcntcd on 1/11/20055: 19:50 PM,

Copyright 2003. City of Rnlcigh, Wake County.

0= 223 fl

1 of 1

REID: 0058117
OWNERl : SYCAMORE CREEK
LLC
ADDR1: 305 TRANSYLVANIA
AVE
ADDR2: RALEIGH NC
27609-6951
ADDR3:
DEED BOOK: 09549
DEED PAGE: 0363
DEED DATE: 8/20/2002
DEED ACRES: 34.8
BLDG VAL: 0
LAND VAL: 1392000
BILLING CLASS: CORPORATE LISTING
DESCRIPTION: LT 9 WESTGATE PARK
PH2 BM2002-100
MAP NAME: 077804
PIN NUM: 0778545942
PIN EXT:
CITY:
PLAN JURIS: RA
TOWNSHIP: LEESVILLE
YEAR BUILT: 0
SALEPRICE: 25000
SALEDATE: 1/1/1972
TYPE USE: Vacant
DESIGN STYLE:
UNITS: 0
LAND CLASS: FLORICULTURE-FARM
OLD PARCEL 298-00000.0001
NUMBER:

1/ 11/2005 5 :20 PM

S&
EC

Soil & Environmental Consultants, PA

11010 Raven Ridge Road . Raleigh, North Carolina 27614 . Phone: [phone] . Fax: [phone]
www.SandEC.col11

January 6, 2005
S&EC Project # 9090.Wl

US Army Corps of Engineers
Attn: Ms, Jennifer Burdette
Raleigh Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615

NC-Davison of Water Quality
Attn: Ms. Cyndi Karoly
401 Wetlands Unit
2321 Crabtree Boulevard, Ste. 250
Raleigh, North Carolina 27604

RE: Request for Nationwidc Pcrmit 39 & 401-Water Quality Ccrtification
Westgate Park
Raleigh, Wake County, North Carolina

Dear Ms. Burdette and Ms. Karoly:

p r,:;:r (..... r2 n "IJ
U~ 1-50 c:s U '\ @ @
.JAN 0 6 2005

On behalf of Trent Ragland (property owner), we hereby reqU(~st authorization from th,e;:~mA.~~lY,\T::H QUALITY
Corps of Engineers (USACE) and the North Carolina Division of Water Quality (NCO'W'Qtrcf'ID STOF.;,~l\'\TEil BRI.: ;CH
use Nationwide Pennit 39 and its associated 40 I-Water Quality Certification (GC 3402) for the
above referenced project to cover proposed pennanent impacts to a jurisdictional perennial
stream. We also request written confirmation from DWQ that the project complies with the
Neuse River Basin Riparian Buffer Rules. A Preconstruction Notification (PCN) FornI is
attached as well as an Agent Authorization Fonn,

Location
The +/- 91-acre property is located approximately 2,000-feet northwest of the intersection of
Westgate Road (SR 1837) and Westgate Park Drive, east of US Hwy 70 in 'western Wake County,
NC. Figure I shows the location of the trail on a USGS topographic quadrangle, The project site
is in the Sycamore Creek drainage of the Neuse River Basin.

Sitc llistorv
The majority of the site is primarily covered in early successional tree species such as Loblolly
Pine, Sweetgum, and Red Maple and appears to have been clear-cut approximately 10-15 years
ago. On the east side sewer lines currently exist adjacent and parallel to the creek being crossed.
The initial phase of the Westgate Park is being completed and construction plans within the
second phase are in various stages of completion. Land use in the vicinity of this site is a
combination of commercial and industrial development and residential homes,

The proposed phase of Westgate Park is the final phase. NC-DWQ has not been to the site
because the streams on property were not disputed as to their subjectivity to the buffer rules and
because there is no dispute as to if the streams being crossed are perennial. One prior stream
crossing was pennitted in 2000 to gain access to the site by extending Westgate Park Drive.
DWQ's Project #00-0418 refers to the certification granted for the existing road crossing,

Greensboro Office:
3817-E Lawndale Drivc
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]

Charlotte Officc:
236 LcPhillip Court. Suite C
Concord. NC 28025
Phonc: [phone]
Fax: [phone]

Proposed Proiect
The proposed project is an office/industrial park that occupies approximately 91 acres and is
subdivided into 17 large lots. The proposed impacts result from the installation of a proposed
road extension required to gain access to two additional lots on the eastern side of the property.
. Proposed impacts will total 145 LF to a perennial stream channel and 0.332 acre of riparian
buffer (i.e. less than 1/3 acre). Previously permitted existing impacts on the site total 149 LF of
perennial stream and 0.321 acre of buffer impact. Total impacts will total 294 LF of perennial
stream and less than 1/3 acre of buffer impact per road crossing,

Impact Justification
The extreme eastern portion of the property (Final Phase) is isolated from the majority of the
property by a perennial stream channel that flows north to south. In order to access this portion
of the property a stream crossing is required, The proposed road crossing impacts the channel at
a nearly perpendicular angle and have otherwise been minimized to impact only 145 linear feet.
No lot fill is proposed for the site and road crossings have. been minimized to only two crossings.

Mitigation
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable. Compensatory mitigation may be required
to offset unavoidable losses of waters of the US when the discharge causes the loss of greater
than 0.10 acre of wetlands or the loss of any perennial/"mitigatable" channel length, No wetland
impacts are proposed for the site therefore no wetland mitigation should be required. Because
total perennial stream impacts on the site total 294 LF,stream mitigation is assumed, but because
the site plan has been limited to two road crossings we believe that a 1: 1 ratio is adequate.

The NCDWQ's current policy requires compensatory mitigation when the proposed wetland
impacts exceed 1 acre and when proposed impacts to perennial streams exceed 150 linear feet.
Because total perennial stream impacts total 294 LF, a stream mitigation requirement is expected
by the NC-DWQ, The proposed buffer impacts resulting from the proposed road crossing will
total 0,332 acre (i.e. less than 1/3 acre) therefore stream mitigation is not expected. Payment to
the NC-EEP is proposed to meet the stream mitigation requirement. An in lieu fee request form
has been sent to the NC-EEP and the acceptance letter will be forwarded to your office as soon as
it is received.

Please call me at [phone] if you require any additional information or have any questions,

Sincerely,

,-(- /l~ ~;1 a
~!'L-~

Sean Clark
Environnlental Scientist

Attachments:
Pre-construction (PCN) notification form
Agent authorization form
USGS Site Vicinity Map (Figure 1)
Soil Survey Site Vicinity Map (Figure 2)
Overall Site Plan Map
Wetland Impact Map
Check for 40 I-processing fee ($200)

Office Use Only:

Fonn Version May 2002

USACE Action ID No. D\VQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

I. Processing

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit ~
D Section 10 Permit D
~ 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

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: D

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: D

II. Applicant Information

1. Owner/Applicant Information
Name: Trent Ragland
Mailing Address: 2424 Glenwood A venue
Suite 105
Raleigh. NC 27608

Telephone Number: [phone]
E-mail Address:

Fax Number:

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: Sean Clark
Company Affiliation: Soil & Environmental Consultants. P A
Mailing Address: 11010 Raven Ridge Road
Raleigh. NC 27614

Telephone Number: [phone]
E-mail Address:[e-mail]

Fax Number: [phone]

Page 1 of8

III. Project Information

'-i

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: Westgate Park

2. T,I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): 0778-54-5942

4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Westgate
Directions to site (include road numbers, landmarks, etc.): The final phase of Westgate Park
is located approximately 2,OOO-feet northwest of the intersection of Westgate Road (SR
1837) and Westgate Park Drive, east of US Hwy 70 in western Wake County, NC

5. Site coordinates, if available (UTM or Lat/Long): 35,90672756, -78.74432924
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): +/- 91 acres

7. Nearest body of water (streamlriver/sound/oceanllake): UT to Sycamore Creek

8, River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20,enr,state,nc.us/adminlmaps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The maiority of the site is primarily covered in early
successional tree species such as Loblolly Pine, Sweetgum, and Red Maple and appears to
have been clear-cut approximately 10-15 years ago, On the east side sewer lines currently
exist adiacent and parallel to the creek being crossed, The initial phase of the Westgate Park

Page 2 of8

is being completed and construction plans within the second phase are in various stages of
completion. Land use in the vicinity of this site is a combination of commercial and
industrial development and residential homes,

10. Describe the overall project in detail, including the type of equipment to be used:
project consists of the construction of a office and industrial park. Heavy
typically associated with land clearing, grading, and construction will be utilized,

The
equipment

11. Explain the purpose of the proposed work: The purpose of the proposed work is to meet the
demand for office and industrial facilities in this 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.
The proposed phase of Westgate Park is the final phase. NC-DWQ has not been to the site
because the streams on property were not disputed as to their subjectivity to the buffer rules and
because there is no dispute as to if the streams being crossed are perennial. One prior stream
crossing was permitted in 2000 to gain access to the site by extending Westgate Park Drive.
DWO's Project #00-0418 refers to the certification granted for the existing road crossing.

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.
No additional 401 or 404 permits are expected to be required at this time (i.e. no lot fill or
additional road crossings are required).

VI. Proposed Impacts to 'Vaters of the United Statesl\Vaters 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. The applicant must also
provide justification for these impacts in Section VII below, All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan, All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream

Page 3 of8

mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: The proposed impacts consist
of 145-linear feet of perennial stream impacts resulting from road construction.

2. Individually list wetland impacts below:

Wetland Impact
Site Number
indicate on ma
N/A

Type ofImpact4<

Located within
IOO-year Floodplain"
es/no
N/A

Type ofWetland4<"

N/A

o

N/A

N/A

* List each impact separately and identify temporary impacts, Impacts include, but arc not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc, For dams, separately list impacts due to both structure and flooding,
** 100-Year floodplains arc identified through the Federal Emergency Management Agcncy's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hllp://www.fema.gov,
*** List a wetland type that best describes wetland to be impacted (e.g" freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, ete,) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: +/- 1 acre
Total area of wetland impact proposed: 0

3. Individually list all intermittent and perennial stream impacts below:

*

Stream Impact Average Width Perennial or
Site Number Type ofImpact4< Stream Name" of Stream Intermittent?
indicate on ma Before 1m act lease s ecif

Area I Permanent 145 UT Sycamore Creek 4.5' Perennial

List each impact separatcly and idcntify tcmporary impacts, Impacts include, but arc not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc,), excavation, ditching/straightening, etc, If stream relocation is
proposcd, plans and profiles showing the linear footprint for both the original and relocated streams must be included,
** Stream names can be found on USGS topographic maps, If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows, USGS maps arc available through the USGS at 1-800-358-9616, or online at
www.USI!S.gov. Several internet sites also allow direct download and printing of USGS maps (e,g" www,topozone,eom,
www.mapquest.com. ete,),

Cumulative impacts (linear distance in feet) to all streams on site: 145 LF (proposed) + 149
LF (previously permitted) = 294 LF (total)

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the D.S,) below:

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type ofImpact4< Impact (lake, pond, estuary, sound,
(indicate on mao) (acres) (if applicable) bay, ocean, etc,)
N/A N/A N/A N/A N/A

*

List each impact separately and identify temporary impacts, Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, ete,

Page 4 of8

5. 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): D uplands D stream D wetlands
Describe the method of construction (e,g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc,): N/A

Proposed use or purpose of pond (e,g" livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A

Size of watershed draining to pond: N/A

Expected pond surface area: N/ A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The extreme eastern portion of the property (Final Phase) is isolated from the maiority of the
property by a perennial stream channel that flows north to south, In order to access this portion
of the property a stream crossing is required, The proposed road crossing impacts the channel at
a nearly perpendicular angle and have otherwise been minimized to impact only 145 linear feet.
No lot fill is proposed for the site and road crossings have been minimized to only two crossings.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H ,0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

Page 5 of8

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 NCWRP concurrence shall be placed -on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.enr,state,nc, us/ncwetlands/strm gide.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 casement, etc.), and a
description of the current site conditions and proposed method of construction, Please attach
a separate sheet if more space is needed.
Total impacts on the property total 294 LF of perennial/important channel. Because this total
is greater than DWQ's 150 LF threshold. it is assumed that stream mitigation will be
required, Proposed buffer impacts are within the "allowable" category and there are no
wetland impacts proposed therefore no wetland or buffer mitigation is proposed, A request
has been sent to the NC-EEP for acceptance of payment for mitigation and their approval
letter will be forwarded to you when it is received.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enr,state,nc.us/wrp/index,htm, If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): 294 LF
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes D No ~

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.

Page 6 of8

Yes D

No D

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 D No D

X. Proposed Impacts on Riparian and \Vatershed 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.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B ,0259 (Tar-Pamlico), 15A NCAC 2B ,0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ~ No D If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact Multiplier Required
(square feet) Mitigation
1 8,708 3 N/A
2 5,773 1.5 N/A
Total 14,481 N/A

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extcnds an
additional 20 fect from the edge of Zone I.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e" Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund), Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Because buffer impacts are below the 113-acre threshold for the stream crossing. mitigation
is not required.

XI. Stormwater (required by D\VQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property,
The site currently contains no impervious surface. The proiect is approximately 91-acres.
Impervious surface area on the proposed site plan will be 25%.

Page 7 0[8

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 ofthe subject facility.
This site will tie into the City of Raleigh sewer lines that currently run through the property,

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules?
Yes D No [8J

Is this an after-the-fact permit application?
Yes D No [8J

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construc~ion 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).
None

~ea.P //tIZoo~

Applicant/Agent's Signature I Date
(Agent's signature is valid only if an authorization letter from the applicant is provided,)

Page 8 of8

S&
EC

Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road · Raleigh, North Carolina 27614 . Phone: [phone] · Fax: [phone]
Web Page: www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner

Name: \,J. T f'et'\1- ffA5/4114

Address: 2.l{ 2. Y G/ellwDoJ Ilver1 U.€-JSLf.ikIOSj &/ej~1 JJC 27~o8

Phone: 7B2. -7283

Project Name/Description: _tJ~..J..8~k P~c4:.

Date:

The Department of the Army
U.s. Army Corps of Engineers, Wilmington District
P.O. Box
Wilmington, NC 28402

Jenf1; -Pu- l5L<.rdL-I-k

t?Ale~Lt

Attn:

Field Office:

Re: Wetlands Related Consulting and Permitting

To Whom It May Concern:

I, the current property owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward, The 2 8~ day of
11/a..('(;h ,

This notification supersedes any previous correspondence concerning the agent for this project.

NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff, You should call S&EC
to arrange a site meeting prior to visiting the site.

i(a-~ 1111

Print Property 0

t

cc: Mr. John Dorney
NCDEH & NR - DWQ, Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607

cc: Mr, Kevin Martin
Soil & Environmental Consultants, Inc.

ac"nl.f rm

Weiland Dclinealion/Permilling/Miligation Soil/Site Evaluations On-Sile Septic Systems Environmental Assessments/Audits
Neusc Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species

Charlolle Oflice: [phone] . Hickory Office: [phone]

Project No.
9090. W1

Figure 1 . USGS Map
Westgate Park
Trent Ragland
Wake County, NC

Project Mgr.:
SC

Scale:
1" = 2,000'

01/05/05

Bayleaf Quadrangle
Dated 1993

Soil & Environmental Consultants, P A
11010 Raven Ridge Rd.- Ralelstl, NC 27614
[phone] - [phone]
Web Page: www.SandEC.com

I
~

I
"

Project No.
9090.W1

Figure 2 . Soil Survey Map
Westgate Park
Trent Ragland
Wake County, NC

Project Mgr.:
SC

Scale:
1" = 1,320'

01/05/05

Wake County Soil Survey
Issued 1970; Sheet 18

Soil & Environmental Consultants, P A
11010 Raven Ridge Rd,. Raleigh, NC 27614
(919) 84~5900 . (919) 84~9467
Web Page: www.SandEC.com

I ' I 1

Proposed Road Crossing

Scale
1:50

FINISHED S REET GRADE

" EXISTI~G GROUND

NOTE: 66" RCP SHALL BE
INSTALLED 'MTH A 12" BU Y
IN EXISTIN CREEK CHANN L.

15+00

16+00

17+00

Personal Account Information Redacted

DWQ#

Date

-Who Reviewed:

..

Plan Detail Incomplete

o
o
o
o
o
o
o
o
o
o
o
o
o
o
o

Please provid'e a location map for the project.

Please show ail stream impacts including all fill slopes. dissipaters, and bank stabilization on the site plan,

Please show all wetland impacts including fill slopes .on the site plan,

Please indicate all buffer impacts on the site plan.

Please indicate proposed lot layout as overlays on the site plan.

Please indicate the location of the protected buffers as overlays on the site plan,

Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.

Please provide cross section details showing the provisions for aquatic life passage.

Please locate any planned sewer lines on the site plan,

Please provide the location of any proposed stormwatermanagement practices as required by GC

Please provide detail for the stormwater management practices as required by GC

Please specify the percent of project imperviousness area based on the estimated built-out conditions,
1,1'-.

Please indicate all stormwater outfalls on the site plan.

\\
\ \.,
\ \.,

Please indicate the diffuse flow provision measures on the site plan. \\ '....
Please indicate whether or Ilo~ the proposed impacts already been conducted,

A voidance and/or Minimization Not Provided

\:,

o The _labeled as _ on the plans does not appear to be necessary. Please eliminate the _ or provide a4ctitional '
information as to why it is necessary for this project, !

o This Office believes that the _labeled on the plans as
, Please revise the plans to avoid the impacts.

can be moved or reconfigured to avoid the impacts to the

o This Office believes that the _labeled on the plans as
. Please revise the plans to minimize the impacts,

can be moved or reconfigured to minimize the impacts to the

o The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
, Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer, If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer,

Other

o The application fee was insufficient because over 150 feet of stream andlor over 1 acre of wetland impacts were requested. Please
provide $ , This additional fee must be received before your application can be reviewed,

o Please complete Section(s) on the application.

o Please provide a signed copy of the application,

o Please provide _ copies of the application. _ copies of the site plans and other supporting information.

Mitigation

o of compensatory mitigation is required for this project. Hease provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H ,0500 and must be appropriate to the type of impacts proposed.

o Please indicate which 404 Permit the USACE would use to authorize this project.

SOIL & ENVIRONMENTAL CONSULTANTS. PA

Tran # Invoice

NC Division of Water Quality

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Date Reference

Check Number: 17299
Date: 01/05/05 Check Arnt: $200.00
Balance Discount Pay A.";\~un t
$200,00 $0.00 $200,00

01/05/059090.W1

UNITED STATES POSTAL SERVICE

First-Class Mail
Postage & Fees Paid
USPS
Permit No, G-10

· Sender: Please print your name, address. and ZIP+4 in this box ·

NC DENR Division ofWa,ter Quality
401 OversightiExpress Unit
1 d Suite 250
2321 Crabtree Bou evar ,
Raleigh. NC 27604

II Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired,
1:1 Print your name and address on the reverse
so that we can return the card to you,
1:1 Attach this card to the back of the mailpiece,
or on the front if space permits.

1, Article Addressed to:

Trent Ragland
2424 Glenwood Avenue, Suite 105
Raleigh, NC 27608
DWQ# 05-0034 - Wake

2, Article Number
(Tronsfer from service tabeO

I PS Form 3811, February 2004

A,

x

3, Service Type
y:1 Certified Mall
D Registered
D Insured Mail

4. Restricted Delivery? (Extra Fee)

DYes

7004 1160 0002 2706 7353

Domestic Return Receipt

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