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HomeMy WebLinkAbout20050080 Ver 1_Complete File_20050118OF WATF9 Michael F. Easley, Governor o ? W li R J S 7 oss r., ecretary il am G. North Carolina Department of Environment and Natural Resources A W .? Alan W. Klimek, P.E. Director Division of Water Quality July 5, 2005 DWQ Project # 2005-0080 Johnston & Wake County Francis Henderson 5 East Haywood St. Wendell, NC 27591 Subject Property: Magnolia Plantation Horse Farm UT to Buffalo Creek (Wendell Lake) [03-04-06, 27-57-16-(3), C NSW (nutrient sensitive)] *303(d) Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Henderson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.16 acres of wetlands for the purpose of a subdivision road at the subject property, as described within your application dated January 14,"2005 and received by the N.C. Division of Water Quality (DWQ) on January 18, 2005 and all additional information submitted and received by the DWQ on May 9, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference None Carolina 401 Oversight/Express Review Permits Unit Nttmally 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.1786 / FAX 919-733-6893 / Internet htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Francis Henderson Page 2 of 3 7/5/05 404/LAMA Wetlands 0.16 (acres) Wetland ma 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. 3. Protective Fencing The outside wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the wetland or water prior to any land disturbing'activities to ensure compliance with GC 3404. 4. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at htt,2://h2o.enr.state.nc.us/su/Forms Doc:anents.htm. 5. Culvert Installation Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. 6. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Francis Henderson Page 3 of 3 7/5/05 7. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 8. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Mike Horan in the DWQ Raleigh Regional Office at 919-571-4700. Sincerely, 42"?fc? /11?Alan W. Klimek, P.E. AWK/dae Enclosures: GC 3404 Certificate of Completion cc: Jeff Vaughan-Agri-Waste Technology, Inc., 5400 Etta Burke Court, Raleigh, NC 27606 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 20050080Magnolia(Johnston&Wake)401 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Magnolia Plantation c/o Francis Henderson Project Number 05 0080 Recvd From APP County Johnston County2 Wake Region Raleigh Received Date 1/18/05 Recvd By Region Project Type residential S/D Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. NW14 forested O Y O N 27-57-16-( I `- NSW 30,406. 6.701 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: Oo Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: cc: Regional Office Central Office Page Number 1 [Fwd: RRO Comments In] Subject: [Fwd: RRO Comments In] From: Cyndi Karoly <cyndi.karoly@ncmail.net> Date: Mon, 06 Jun 2005 09:47:01 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net> Ian - please handle Mike - please send straigtforward stuff like this to Ian. He'll see me With questions - that's his OJT. Subject: RRO Comments In From: Mike Horan <mike.horan@ncmail.net> Date: Fri, 03 Jun 2005 15:57:09 -0400 To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net> Cyndi, I have entered comments for the following 401 Apps: DWQ # 05-0631 The Knolls of the Neuse Put on hold for buffer determination DWQ # 05-0687 Autumn Trace Apartments Put on hold need stormwater mngmt DWQ # 05-0080 Magnolia Plantation Issue Content-Type: message/rfc822 'RRO Comments In Content-Encoding: 7bit Awaiting Itr to fill in approved project details Dbase updated w/ apprvl date only L Dennison 1 of 1 6/6/2005'' 1:51 PM Triage Check List Date: DWQ#: 6F-E-00? O County: (???<< lro?,as?n To: ? ARO ? PRO ? MRO RRO Kevin B arnett Ken Averitte Alan Johnson Mike Horan From: La,?ry ? WaRO Tom Steffens and Kyle Barnes ? WiRO Noelle Lutheran ? WSRO Daryl Lamb Telephone : (919) 7 ,lS - .7'77/ The file attached. is being forwarded io.? our for your evaluation. Please call if you need' \as, Lance. ? Stream length impacted. ? Stream determination ; ? Wetland determination and distance to blue-line surface?waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? - ? Cumulative impact concern Comments: AV" Agri-Waste Technology, Inc. 5400 Etta Burke Court Raleigh, North Carolina 27606 Phone: (919) 859-0669 Fax: (919) 233-1970 Email: awt@agriwaste.com May 8, 2005 Ms. Jean Manuele, Chief Raleigh Regulatory Field Office, 6508 Falls of Neuse Road, Suite Raleigh, NC 27615 US Army Corps of Engineers 120 DS - D o go RF=@P=0WF= P MAY 9 2005 DENR - WATER QUALITY WETLANDS AND STORIAVATER BRANCH f Ms. Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit Division of Water Quality, NC Department of Environment and Natural Resources 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Mr. Michael Horan, Environmental Specialist I Raleigh Regional Office Division of Water Quality, NC Department of Environment and Natural Resources 3800 Barrett Drive Raleigh, NC 27609 Dear Ms. Manuele, Ms. Karoly, and Mr. Horan: This letter and Magnolia Plantation Wetlands PCN Form Re-Submission (DWQ Project #05-0080) is in response to the DWQ letter dated 2/24/05, phone conversations between Mr. Horan, Ms. Henderson (property owner), and Mr. Bryan Staley (Agri-Waste Technology, Inc.), and a site visit conducted on 4/27/05 by Ms. Manuele, Ms. Henderson, and myself. Substantial changes have been made to the original submission in response to the discussions between Ms. Manuele, Ms. Henderson, and myself during the 4/27/05 site visit. The following summarizes the major changes from the original submission and responds to the items requested in the 2/24/05 letter from Ms. Karoly. 1) Lot 9 and the Open Space Lot location identifications have been switched from the original submission in order to prevent wetland impacts on the original Lot 9. The Open Space Lot will not be disturbed in any way. 2) The wetlands on Lots 5, 8, 10, 13, 14, and Open Space will not be impacted during the development of these lots. This will be accomplished by keeping home locations, driveways, structures, etc., out of the wetland areas on each lot. The Open Space lot will not be disturbed in any way. Restrictive Covenants will be developed for this property to prevent wetland impacts on Lots 5, 8, 10, 13, 14, and Open Space. Ms. Manuele will be providing us with appropriate language for the Restrictive Covenants. 3) Therefore, based on items 1) and 2) above, the only wetland impacts for this property will be the proposed road crossings. 4) Any settling basins required for the road construction will not be located within any wetland areas. 5) There is no stream on this property based on the Johnston County Soil Survey, the USGS Topographic Map, several site visits by Agri-Waste Teclmology, Inc. personnel, a site visit by Mr. Horan, and a site visit by Ms. Manuele. Please contact me with any questions, concerns, comments, or if you need any additional information. Sincerely, eff Vaughan, Seni r Agronomist/Soil Scientist m N v Ni O v 0 Agrl-W sate T echnology, Inc. 5400 E ha Burke C ourt. Raleigh, NC 27207 Phone: 919-859-0669 Fax: 9'19-233-1970 www.agriwasbt.com N Henderson Property Wetland Deliniation Map Zebulon Quad Wake/johnston Co., NC 1998 Color IR Drawn By: Enrique Cachafeiro Revised By: Jeff Vaughan Date: 12120/2004 ? = 210 400 0 400 800 Feet Scales1:2500 I Em (JFNDE?SQrv S ITE (U EA01 44- GCUAD) ti R19@20WED MAY 9 2005 Office Use Only: Form Version May 2002 VYETLR.'DS AND STOR)A A R BRAEXH USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and/or NWP 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina 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: ? 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: ? H. Applicant Information 1. Owner/Applicant Information Name: Francis Henderson Mailing Address: 5 E. Haywood St. Wendell. NC 27591 Telephone Number: (919) 625-0370 Fax Number: E-mail Address: N/A 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Magnolia Plantation Horse Farm 2. T.I.P. Project Number or State Project Number (NCDOT Only): e 179313109 3. Property Identification Number (Tax PIN): Jo ns tonn Coounty 17931120266 4. Location County: Johnston/Wake Nearest Town: Wendell Subdivision name (include phase/lot number): Magnolia Plantation Directions to site (include road numbers, landmarks, etc.): US64 East to Wendell, South on NC 231; right onto SR1719 (Hollybrook Rd.); site is 1.2 miles on left 5. Site coordinates, if available (UTM or Lat/Long): UTM 17 739109E 3960786N (WGS84/NAD833) (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): 12.21 ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Buffalo 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 littp://li2o.enr.state.nc.us/admin/Maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_ Existing Conditions: Operating farm and residence; Land Use: Rural residential faun and vacant land Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Project proposes construction of approx. It to 2 acre lots with a horse barn. Necessary clearing and grading is proposed to facilitate construction of a subdivision road. Typical .. 'earth moving/grading equipment will be used (e.g. backhoe, bulldozer,pan, etc.). 11. Explain the purpose of the proposed work: New single family residential subdivision construction IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this .project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream charnels 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 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 I . Provide a written description of the proposed impacts: Two wetland areas will he impacted due to a road crossing. Drainage through impacted areas will be maintained however, some fill will be - placed. A pipe will traverse under the proposed road. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on map) Type of Impact* Area of Impact I acres Located within 100-year Floodplain** es/no Distance to Nearest Stream (linear feet Type of Wetland*** 1 Grading/Drain 0.13 No 2,000 ft. Forested wetland 2 Grading/Drain 0.03 No 1,700 ft. Forested wetland * List each impact se parately and identify temporary im pacts. Impacts include but are not limited to: mechanized cl d' f ]l ng, a m gr g, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. t ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FMI), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at h"p://ivww.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, etc.) 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: 1.04 ac. Total area of wetland impact proposed: _ 0-16 an- - 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease s ecif N/A - * List ea h ' 1 c tmpact separate y and tdcnttfy temporary impacts. Impacts include, but are 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 proposed, 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 are available through the USGS at 1-800-358-9616, or online at www.uses jZov. Several internet sites also allow direct download and printing of USGS maps (e.g., www,topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 r ? 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, cean, etc. N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: 611, excavation, dredging, flooding, drainage, bulkheads, etc. 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): ? uplands ? stream ? 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: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Adiustment of lot lines and home lormtion^ to avoid wetland area.,;. Lot 9 and open .2ZIce' lot have been switched from previous application Restrictive convenants will be developed for the subdivision to prevent wetland impact VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 r , 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. 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://h2o.enr.state.nc.us/newetiands/strmgide.litml. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 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 (919) 733-5208 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://h2o.enr.state.ne.us/M/index.litni. 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 . r r ." 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 ? 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 (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify, )? Yes ? No ® 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 (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 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. XI. Stormwater (required by DWQ) 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. Approx. Impervious Surface = 2.0 ac (Total Acreage = 12.21 ac) or 16.4% XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sub-surface septic is proposed for all lots XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211 .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A NMi- ApplicautlAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 V P4dNoc14 fOS744AID IlA0 l AeFR IMP AfOAJ fmfOLdd AV rA / '? ?? n"N j Sri!, r .!i %.): _! ?, / ,?IA'r, ??' i •. !?' L I 1: I l DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/She: MM 12(L'a. Pao-Atf1?,t,.OA Hors Grin Date: IL 110q Applicant/Owner: Fi-ands Nend erson County: :TgAASf0,1 P Investigator: Bnia? S{,?Ity T? k aeN State: Do Normal Circumstances e)dst on the site? No __ I Community ID: Is the site side k6kly dipturbed (Atypical Situation)? es Transect ID: Is the area a potential Problem Area? Yes Plot ID: (If needed. e>mlain on reverse-1 ratuum )nd« for We e Ael 7rc e FAC. (u.b f4&J) !i ru•6 ?ACI,? SAS ru-6 F W t lArl 6le-- AlPrk AX C, Domiriinf>siinrl,`oecies' ' _._ ... rA Y,It 0M.-..itTdIG116f. 9. 10. 11. 12. 13. . 14 15. 1G Percent of Dormant Species that are 00L. FACW or FAC Ala- AV exdudin FAG . Rem d= /yos7` vdyd7f 'f 'l e%ared due /a deve190mQ,r f ?tGfrvi fy, -- HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydro$ogy txficators: - Stream, take, or Tido Gaugo Primary Indicators: -Aerial Photographs -C kiwxWod Other . !Saturated In Upper 12 fiche; _ No Recorded Data Available _ Water Muks _ Drift Lines Fidd Observations: _ Sediment Deposits _ Draktago Pattems In Wetlands Depth of Surface Water 0 Secondary hdcators (2 or more required): _( n.) Oxidized Root Channels In Upper 12 Whes Depth to Free Water in Pit 3 (in.) -.Water-Stained Leaves _ local Sol Survey Data Depth to Saturated Soil: _ FAC-Neutral Test Other (Expiain In Remariz) Remarks: 132 Appencrx B Blank and E=nplo Data Forms ? I i i I VEGETATION ? ?J SOILS kUp Unit Mme (Series and Phase): Drainage pass: Field Observatlons Tawno (Subgroup): Confirm Mapped Type? Yes Flo PMR0 Description: Depth Malrb(Color Mottle Colors Mottle Abundance/ Texture, Concretions, flnches) tbriron Ihiunset Mottel Itrtuns?ll Mofstl SIzeAContrast Structure. Mc y-ro n Q J// A' /0 Y? '612 10, Ile FFydric Soil trxficafom -- F"osol Concretions F?Uhc Epaedon kf"gh Organic Content in Surface Layer in Sandy Sul(idic Odor - Organic Streaking In Sandy Soil Sons Aquic Moisture Reghne - Usted on Local Hydric Solls Lht 1C?teducing Co"tions _ Listed on Nalionai Mydrio Sols Lint Gleyed or Low-Chronu Colors _ Other (F)plaln In Remul¢) Rerrarks: WETLAND DETERMINATION Hydrophy6c Vegetation Present? Yes NO (Circle) (Circle) Wetland Hydrology Present? Yes No Hyft Sow Present? Yes No N this SamprM Point Within a Wetland? Yes Pb Remarks: by HQUSACE AWrKr(X 6 clank and Example Data Forms B3 `r DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a /? tt? I/ Project/Site: 040o lilt P-1-A TCL7i'on go rarM Date: IA117/oy Applicant/Owrier:.• F ,1e is llenwe!72 County: "fnrfan//? e Investigator: Va'l ZTe X1uaAia State: Ale Do Normal Circumstances exist on the site? Lam' Community ID: Is the site sidnificantly disiturbed (Atypical Situation)? Yes Transect ID: Is the areaa potential Problem Area? Yes Plot ID: If needed, w plain on reverse.) qP VEGETATION Don*iant ant odes Stratum hdicator - Nr lkyinf Ptini Soeck s - -Stratrm` -- lnd;ator - - 1 -uT A'1 !u Sfr ! S TreC FAC Ccl e. ' T e ,54 10 3 crr (u? ww' Tree 5d6 11. 4.Li p'[ ar ndren 4a 114 ra -free ,4C- 12. 5. L;a b I t tr ?reC F,OC,< 13. c 6s1Mr ax 1n'1a-n6'w NEr6 FA P_ 14. 7 q1'qA,%ff0k TArt b FAC uj 15. 8.623 w 'A aran ) ACP(a Grass FAC 16 CNerb , Percent or Dominant Spedes that are 013L, FACW or FAC emtudin FAG. 90 4? Remarks: /?1ort ve?efct fan e/ea?ec? ante / de1C101M 44 f QG?JLi4 HYDROLOGY _ Recorded Data (Descrbe in Remarks): Stream, Lake, or fide Gauge Aerial Photographs -Other _ No Recorded Data Avalabb Wettand Ubdrotogy Indcators: Primary kxficators: Ae:??lundatod . ,Y/ Saturated in Upper 12 fiches _ Water k rks _ Drift tines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands D Secondary indicators (2 or more required): id epth of Surface Water. (h) Ox _ zed Root Channels in Upper 12 fiches n " Water-Stained Leave; Depth to Freo Water in Pit: 1 Local Sol Survey Data // ( FAC-Neutral Test ? Depth to Saturated Sol: o (in.) Other (E)plain in Remarks) Remarks: ? f j?sTc°q' T 'Aks B2 Appendot B Blank and Example Data Forms SOILS Map minim Name (Series and Phase): Drainage Class: Tamnomy (Subgroup): Field Observations Confirm Mapped Type? Yes rb Profile Descriotiom Depth Matrix Color Mottle Colors Mottle Abundance/ Texture. Concretions, (Inches) Horizon IM nsel Moist) (Munsett Molstl S m ontrast SlBrctume. etc. /OW _,- % mays Hydric son indicators: _ "Aosol - Concretions ? W r? Edon _ ligh Organic Content in Surface Layer in sandy soils _ Organic Streaking In Sandy soil Aquic Moisture Regime _ Wed on Local Hydric Solls LVA -LZRe&cing Condtions _ Wed on Miional fiydric Sois W -ZGleyed or LowChroma Colors _ Other (E)pain in Remarks) Remarks: rrC 1 L-A"lJ UC 1 tKM Hyde hytic Vegetation Present? Yes No (Circle) (Circle) Wettarxi Hydrology Present? Yes No Hydric Sols Present? Yes No Is this Sampling Point Within a Welland? Yes No Remarks: by HOUSACE X92 Appendo: B Blank and Example Data Forms B3 J ' _J DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 1 1 1 Project/Site: IY"1161ia john faho' A Nerve rarm Date: ZI/7Ioq Applicant/Owner: F?nriGif' ?U?/1Gt/r'rSan County: 7,A/PvAn Investigator: S"a /Quedt n State: - r-Do Normal Circumstances e)dst on the site? Community ID: Is the site significantly dipiturbed (Atypical Situation)? ?es'(j Transect ID: Is the area a potential Problem Area? Plot ID: If needed, w plain on reverse.) 4F VEGETATION ....... ... mina .. ------.._ Ian edes tratum hficalor iki ntPfinf'SL les" -..,..._.S"tut M;mfor 1. ? s Q n's r+ee FACcJ s. ? /N t eo( Tree Le 10 3 A/d'04arr G/ r,^ e, a 11. /. N nd w yArtAh AW &d 12. s. _ Ale.b FAC 13 14. 7 1s. 8 16_ Percent of Dortvtant Species that are 013L, FACW or FAC e)adudin FAG. ` - Re.i. /Llos-t deg /a?1 ele q,-eW e:6e 16 at '& 'vG deli Y?? - HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream, Lake, or fide Gauge -Aerial Photographs Other _ No Recorded Data Available Wetland liydrokx?y Wcators: Primary Indicators: ?bunctated . Saturated In Upper 12 fiches _ Water Ntuics _ Drift Lines Sedanent Deposits - Field Observations: _ rakiago PaWms in Wetlands d Secondary Indicators (2 or more required): Depth of Surface Water: (in.) _OAdzed RootCharutels In Upper 12 Inches j,ZWater-Stained Loaves Depth to Free Water in Pit: (in.) _ Local Sod Survey Data _ FAG Neutral Test Depth b Saturated Sea: Other (Explain in Remarks) Remarks: B2 Appen& B Blank and Example Data Forms a SOILS Map, "(Urre (Series and Phase): Dtalnage Class. Tamnomy (Subgroup): Field Obsorvations Confirm Mapped Type? Yes tb P-,di!-- Descrbtionr Depth Matrix Color Mottle Colors Mottle Abundance/ Texture, Concretions, (Inches) tbrizon LMure;el Moist) Shuns?0 Molstl size Contrast Structure. etc o-y A lore a/a ?l ./? Laz .?? -!o Aa Hydric Soll ladir-ators: - "Aosol - Concretions - Hrtic EPlpedon - sigh Organic Content in Surface Layer in Sandy Soils - Sulfidic Odor - Organic Strea" In Sandy Soils - Aq(Jlc Moisture Regime - Listed on Local Hydric sobs Ltt - Reducing Conditions - L.k:ied on Wional l-}ydrk Sods list - Gleyed or Lo*chrom Colors - Other (F)plain in Remaris) Remarks: YYt) L.ANU Utl k--HM HydrWhy6o Vegetation Present? Yes No (Circle) (Circle) Wetland Hydrology Present? Yes No Hydic Sow Present? Yes No Is this SamprM Point Within a Wetland? Yes lb Remarks: Amoved by HQUSACE 3/92 Appendox t3 blank and Example Data Forms B3 DATA FORM ROUTINE WETLAND DETERMINATION 0987 COE Wetlands Delineation Manual) ject/Site: ?yrto/iLi f'?an7?[LT??1?1 ?orfC 11;r'M ' Date: /Z//7/&/ licant/Owner • A;?ngte ;T 1,16"10 County: ?•ffn/l?as4e stigator: n S fG./dy /.T Allah [lrnr v State: Alc Normal Circtmistanrces exist on the site? No Community ID: he site sidhifica' kly disturbed (Atypical Situation)? Yes No Transect ID: he area-a potential Problem Area? Yes No Plot ID: If needed, explain on reverse. VEGETATION pomtnant Plant, 4,s 2ratum Indicator pomnant FSiini oecics - Simiuw - -w --+tor 1. 9. 2 10 3 11 4. 12 5. 13 6. 14? 7 15. 16` Percent of Dominant Species that ate COL, FACW or FAG (excluding FAG). Remarks HYDROLOGY _ Recorded Data (Describe in Remartes): - Stream, Lake, or fide Gauge -AerW Photographs - Other _ No Recorded Data Available Wetland Hydrology klicators: Primary Indicators: -Inundated . _ Saturated In Upper 12 Inches -,Water Maft _ Drift Lines _ Sedment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more requced): Depth of Surface Water. (in.) _ Oxidized Root Channel; In Upper 12 Inches _ Water-Stab-od Loaves Depth b Free Water in Pit (in.) _ Local Sol Surrey Data _ FN,Neutral Test Depth to Saturated Sol: (in.) -Other (Explain in Remarks) Remarks: B2 Pppendoc B Blank and Example Data Forms .1 e SOILS Map unit Name, (Series and Phase): Drainage Class: Field Observatbns Tamnorry (Subgroup): Confirm Mapped Type? Yes tb Prof He D?scrbtion: Depth Matdx Color linchesl- (trtzon (Murrell Mokt Mottle Colors Mottle Abundance/ Te)dure, Concretions, fMunsel Mokt1 SIm/Codr-act Structure. etc. t•#ydric Soil Indicators: _ Wosol _ Concretions _ ERIC Epipedon _ ligh Organic Content in Surface Layer in Sandy Soils _ Sulldic Odor _ Organic Streaking in Sandy Soils _ Aqulc Moisture Regime _ Wed on Local Hydric sow- w _ Reducing Conditions _ Wed on.Nalk nal Ftydric sows List _ Gieyed or Low-Chroma Colors _ Other (plain in Remarks) Remarks. WETLAND Hydrophyiic vegetation Present? Yes No (Circle) I (Circle) Wetland Fydrology Present? Yes No Hydric Sob Present? Yes No b this Sampling Point Within a Wetland? Yes No Remarks: ADDroved by ApperKAX B Blank and Example Data Forms B3 1110013 595ii' -1:053000 2 L91: 20 6 2640 70 7 796ii' MEMORANDUM TO: John Dorney Regional Contact: Michael Horan Non-Discharge Branch WQ Supervisor: KPn srhustPr Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Nlagnolia Plantation c/o Francis Henderson Project Number 05 0080 Recvd From APP County Johnston County2 Wake Region Raleigh Received Date 1/18/05 Recvd By Region Project Type residential S/D Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 14 forested F-7-0 N 127-57-16-(? NSW 30,406. 0.70 F___ F_ O Y70 N F__ IF_ F__ F__ F__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? p Y O N Recommendation: Q Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: cc: Regional Office Central Office Page Number 1 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Magnolia Plantation c/o Francis Henderson Project Number 05 0080 Recvd From APP Region Raleigh Received Date 1/18/05 Recvd By Region Project Type residential S/D Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. F14 forested F V _0N F- 27-57-16-(F c NS%V 30,406. 0.70 F___ [--O Y70 N F_ F__ F_F_ F_ F_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Coed O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: 7 f Michael Horan KPn SrhtistPr County Johnston County2 Wake cc: Regional Office Central Office Page Number 1 MEMORANDUM TO: John Dorney Regional Contact: Michael Horan Non-Discharge Branch WQ Supervisor: KPn Srht,stPr Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Nlaanolia Plantation c/o Francis Henderson Project Number 05 0080 Recvd From APP Received Date 1/18/05 Recvd By Region Project Type residential S/D County Johnston County2 Wake Region Raleigh Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 14 forested O Y O N 1__ 27-57-16-(F-c NSN 30,406. 0.70 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/Coed O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Tried to call consultants, they have not returned my call yet. They need to have a buffer and IP call done on the stream feature. Feature shows up on soil survey. Need to put on hold.(1/31/05 Michael Horan) cc: Regional Office Central Office Page Number 1 Triage Check List Date: To: ? ARO ? FRO ,? O tJ RRO From: Telephone : (919) The file attached is being forwarded to dour for your evaluation. Please call if you need asst}stance. 1. ? Stream length impacted ? Stream determination ? eW and de termination and distance to blue-line surface waters on USFW topo maps mization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: X k / __I? Zb U 7`7' Pte' I l' •1' _ Project Name: AaMdliel- Ala-I hrll"jo DWQ#: 6S- (J0"6 County: Ud ? J'I f ale- Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes Ken Averitte ? WiRO Noelle Lutheran Alan Johnson ? WSRO Daryl Lamb Mike Horan OF W ATF9 Michael F. Easley, Governor Q ? t Willi R J S G ecre ary am oss r., . co 7 North Carolina Department of Environment and Natural Resources O Alan W. Klimek, P.E. Director Division of Water Quality February 24, 2005 DWQ Project # 05-0080 Wake & Johnston County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Francis Henderson 5 E. Haywood St. Wendell, NC 27591 Subject Property: Magnolia Plantation Buffalo Creek (Wendell Lake) [03-04-06, 27-57-16-(3), C NSW (nutrient sensitive)] *303(d) listed waters REQUEST FOR MORE INFORMATION Dear Ms Henderson: On January 18, 2005, the Division of Water Quality (DWQ) received your application dated January 14, 2005 to impact 0.70 acres of wetlands to construct the proposed road crossing. 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 Information Requested: 1. The Johnston County Soil Survey shows a stream feature crossing the subject property. Please submit a stream determination letter from the DWQ that indicates whether this stream feature is subject to the Neuse Riparian Buffer Rule, NCAC 2B 0.0233. 2. Please show all stream impacts including all fill slopes, dissipaters and bank stabilization on the site plan. 3. Please indicate all buffer impacts on the site plan. 4. Please indicate the location of the protected buffers as overlays on the site plan. 5. Your plan indicates a lot of "open space", this lot is adjacent to lot # 9 where there is proposed wetland fill. Please provide justification as to why lot #9 cannot remain as "open space" to minimize wetland impacts. Please respond within three weeks of the date of this letter by sending this information to me in writing and Michael Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1786/ FAX 919.733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands Nmne Carolina Jvaturally An Equal Opportunity/Affirmative Action Employer-50% Recycled/l0% Post Consumer Paper Francis Henderson Page 2 of 2 2/24/05 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 Ms. 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, Supervisor 401 Oversight/Express Review Permits Unit CBK/dae cc: Michael Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Bryan F. Staley-Agri-Waste Technology, Inc., 5400 Etta Burke Court, Raleigh, NC 27606 Filename: 050080MagnoliaPlantation(Wk&Jo)hold J? U?- T r Agri-Waste Technology, Inc. 6S, 5400 Etta Burke Court Raleigh, North Carolina 27606 r-? Phone: (919) 859-0669 9Q °o Far: (919) 233-1970 m www.agriwaste.com ?9 Email: awt@agriwaste.com y January 12, 2005 Mr. Todd St. John Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1619 Mr. Todd Tugwell US Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Rd. Suite 120 Raleigh, NC 27615 SUBJECT: Magnolia Plantation Wetlands - PCN Form Submission Dear Mr. St. John and Mr. Tugwell: Attached please find the PCN form and appropriate documentation for proposed wetland impacts for Magnolia Plantation residential development and horse farm. A road crossing is proposed across wetland areas along with some minor fill on proposed lots. Please let me know if you have any questions. Best Regards, V. Bryan F. Staley, P.E. henderson pcn cover-0112 U / ? H? y?? NG 23 00 i ? 1W Agri-Waste Technology, Inc. 5400 Etta Burke Court Raleigh, NC 27207 Phone: 919-859-0669 Fa>c 919-233-1970 wwwAgriwaste.com N Henderson Property Wetland Deliniation Map Zebulon Quad Wake/Johnston Co., NC C 1998 Color IR' r _ Legend County Boundary a GPS Poirds • Data Station O Wetland Boundary Property Boundary Wetland Boundary k: Drawn By: Enrique Cachafeiro Revised By: Jeff Vaughan 3 Date: 12M A 04 400 0 400 800 Feet Scale:1:2500 1 = Zlo , ¦ • 1W,RM i , i ?f l' Office Use Only: Form 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".) L Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and/or NWP 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina 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: ? 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: ? 11. Applicant Information 1. Owner/Applicant Information Name: Francis Henderson Mailing Address: 5 E. Haywood St. Wendell, NC 27591 Telephone Number: (919) 625-0370 Fax Number: E-mail Address: N/A 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 12 111. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Magnolia Plantation Horse Farm 2. T.I.P. Project Number or State Project Number (NCDOT Only): Wake County 1793131009 3. Property Identification Number (Tax PIN): Johnston County 1793120266 4. Location County: Johnston/Wake Nearest Town: Wendell Subdivision name (include phase/lot number): Magnolia Plantation Directions to site (include road numbers, landmarks, etc.): US64 East to Wendell, South on NC 231 • right onto SRI 719 (Hollybrook Rd.); site is 1.2 miles on left 5. Site coordinates, if available (UTM or Lat/Long): UTM 17 739109E 3960786N (WGS84/NAD83) (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): 12.21 ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Buffalo Creek 8. River Basin: N (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://li2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing Conditions: Operating farm and residence; Land Use: Rural residential, farm and vacant land Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Project proposes construction of -1 '/2 to 2 acre lots with a horse barn. Necessary clearin.Q and rig is proposed to facilitate construction of a subdivision road and houses/lawn areas. Typical earth moving/gradinjg equipment will be used (e.g. backhoe, bulldozer, pan, 11. Explain the purpose of the proposed work: New single family residential subdivision construction. IV. Prior Project History If jurisdictional detenninations 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 pennits, 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. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. 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 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 IX. Environmental Documentation (required by D`VQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? 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 (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by D`VQ) 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® 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 (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Lone Z extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 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. 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:Hh2o.enr.state.nc.us/ncwetlands/strmgide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 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 (919) 733-5208 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://h2o.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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 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): ? uplands ? stream ? 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: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Adiustment of lot lines to minimize fill in wetland areas. Site constraints limit proposed road relocation. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 1. Provide a written description of the proposed impacts: Two wetland areas will be impacted due to a road crossing and some fill in lot areas. Drainage through impacted areas will be maintained however some fill will be placed. A pipe will traverse under the proposed road. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no) Distance to Nearest Stream feet Type of Wetland*** 1 Grading/Drain 0.53 No 2,000 ft. Forested wetland 2 Grading/Drain 0.17 No 1,700 ft. Forested wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency'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 http://Nvww.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, etc.) 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: 1.04 ac. Total area of wetland impact proposed: 0.69 ac. 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif N/A * List each impact separately and identify temporary impacts. Impacts include, but are 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 proposed, 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 are available through the USGS at 1-800-358-9616, or online at www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 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. XI. Stormwater (required by DWQ) 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. Approx. Impervious Surface = 2.0 ac (Total Acreage = 12.21 ac.) or 16.4% XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sub-surface septic is proposed for all lots XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A - Applicant/Agent's Signature /Date ` (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ?JAoowb &AIF4 TIOA) Ct),?7 i LAID AP Ap4U.I,?p /V?eFa4 ti31??,° ST, J Cy` ?o7AC 4eEA ;3,coo s-41 IMPACT r_z`?-PQr .. I N4?' #I DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: MMAol;01. Plo-Ata,kon Norse Farm Date: IZ I7 ot1 Applicant/Owner:. Fr"-is Nend eman Tab jW- Courtly: n o P Investigator: cyni -' SfaJ T( Te Vdafhan State: We- Do Normal Circumstances e)dst on the site? No Community ID: Is the site significantly di$turbed (Atypical Situation)? es Transect ID: Is the area a potential Problem Area? Yes No Plot ID: If needed, w plain on reverse. vFr,FTATION Dor&anl 'Ian des Siratum Indicator - Dominant Plant Species - -- Siratum Indicator - - 1 firs - ree FACI,J 9. , 2 pus e Tree SAC 10. 31riO Adr hA r Tree FAQ. 11. 4. tiq VI?J;111 Q rule F4ew+ 12. s. )?QaeleQL 5A rL-h F,4&A) 13. S/{ru b F ((?t (A rl?A LIA104t?rr1 6 14. --- . / _ r/r.era. jUon+(A 1/4 r-4 FAG 7 ,s. . S/)I" 16LX 6oAh-n 0)( alerb FaG 8 16. . Percent of Dominant Species that are 05L, FACW or FAG / o (excluding FAG). -- - Remarks: Most //eyef2A0i elea,-ed due /6 deve190Me4Y ACY,?,iy. HYDROLOGY _ Recorded Data (Describe in Remarks): Weiland hydrology Indicators: _ Stream, Lake, or ride Gauge Primary Indicators: _ Aerial Photographs -Z Inundated -Other ?Saturated in Upper 12 Inches _ No Recorded Data Avat<able _ Water Mhrks _ Drift Lines _ Sediment Deposits Held Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required!): Depth of Surface Water. _ r?(in.) _ Oxidzed Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: 3 (in.) _ Local Sol Survey Data _ FAC Neutral Test Depth to Saturated Sol: Other (Explain in Remarks) Remarks: B2 Appendoc B Blank and Example Data Forms SOILS Map unit dame (Series and Phase): Drainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Mile Description: Depth Matrb(Color anch-s)_ tibrizon (Munsel Moist) Mottle Colors Mottle Abundance/ Texture, Concretions, (MunseV Moist) Size/Contrast Structure, etc_ d/o YQ Z/Z PI P1 z0am ?I- to AZ lo rQ Y/? 161 of S'/ y . ?/a?. /o-/? l0 W (012 10, Leans' el Y&i/ liydric Soil Indicators: _ Wesel _ Concretions _ Eleatic E.pipedon /tigh Organic Content in Surface Layer in Sandy Soils jj!f Sulfidic Odor _ Organic Streaking it Sandy Soils Aquic Moisture Regime - Usted on Local l ydric Solis W 1, eR duci)g Conditions - Wed on f lational hydric Sods List _ Gleyed or Lo%,Ctuoma Colors _ Other (Explain in Remarks) Remarks: W t l L.ANU Ut I LKMINAI IUN Fydrophybo Vegetation Present? Yes No (Circle) (Circle) Wetland Fydrology Present? Yes No Fydric Sods Present? Yes No Is this Sampling Point Within a Wetland? Yes No I Remarks: Antx-_ Appendo(B Blank and Example Data Forms B3 #z DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ject/Site: tMi2gA,th PlG!•?91tp?t'on go,-5e lra'-I" Date: 1211710V wner. • r<c is deriwefTboN licant/O ? County: j ntfon Ll?rtke stigatof: 1 State: NG Normal Circumstances exist on the site? Community ID: he site sigril" apt ly disturbed (Atypiical Situation)? Yes IS Transect ID: he area a potential Problem Area? Yes 1 S Plot ID: If needed, explain on reverse. VF(ZFTATlnN tna Dorn tan ede Stratum Indicator Dominant Plant Species gnturrt Indicator it us &LIis )s Tree F Ceel s. a Tree F e- 1o. 0r' 3 (t htlAw) _ Tree 9:W! 11. . Lirt o t6c&orn fu l4AAe ro, Tree CA C 12. . s, L?gaj daAbcto- f rr1 1 AA rre! F4C 1". 13. 6 Sml 0.X 1'cma -'10'V NPr6 FA P_ 14 . . 7 i G %+ M SArl-h FACW 15. . re sf L 8 CL1 arnAd"' AC n ' G FAC_ 16. . ?Ner6 Percent of Dominant Species that are 013L, FACW or FAC exdudtn FAG. 9a Y Remarks: /yort vefef ivrt e%oeed ante / de?e/o)PM 67 t aetrL?tr uvnnnt nr_v _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, Lake, or Tide Gauge Primary Indicators: - Aerial Photographs 1G?nundated _ Other _K/ Saturated in Upper 12 Inches _ No Recorded Data Avai ab{e -Water larks _ Drift Lines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands 0 ' Secondary hdcators (2 or more required): h l i 12 I O idi d R t Ch U Depth of Surface Water. ( in.) es anne s n pper nc x ze oo _ Water-Stained Leaves Depth to Free Water in Pit: Local Sol Survey Data FAC-Neutral Test ? l i i R k h E Depth to Saturated Sol: (in.) er ( xp a n n emar s) Ot Remarks: &H v` ro, 4w k B2 Pppendoc B Blank and Example Data Forms _, SOILS Map Unit Name (Series and Phase): Drainage Class: Field Observations Twonomy (Subgroup): Confirm Mapped Type? Yes fJo Profile Descmfion: Depth Matrb(Color (inchesl tbrizon (Munsel Moist) Mottle Colors Mottle Abundance/ Texture, Concretions, (Munsell Mo}stl SimLr-ontrast Structure. etc. - 3 A_ 4o YQ 2/2 0 Pl 17111 Lam 3--1 0 q-12 /0Y'e S// 6-'V Lao, liydric Sou Indicators: _ Fbtosol _ Concretions Hrstic Epipedon :zSulfidic Odor _ Hgh Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Solis Aquic Moisture Regime - Listed on Local Hydric Sods List -LZReducing Conditions . ZGleyed or LorrChroma Colors _ Listed on National Hydrie Sods List _ Other (E)plain in Remark-.) Remarks: IVY t: I L MU Ut I t:Hfil ft4ophytie Vegetation Present? Yes No (Circle) (Circle) Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Is this Sampling Point Within a Welland? Yes No Remarks: Approved by HOUSACE 3W APPendoc B Blank and Example Data Forms B3 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjecUSite: MLlO/10%a ??Qn fafion Morse Tarts Date: 2//7oy Applicant/Owner: • Fin nc.i r 4kjX ersoA County: Tol+n s o., Investigator. Jc1 SfA/e4 /Tell' f/ciu4ti State: it2. Do Normal Circumstances east on the site? fi ' Community ID: es , Is the site significantly di$turbed (Atypiical Situation)? Transect ID: Is the area a potential Problem Area? Yes Plot ID: If needed, explain on reverse. VFrFTATION Dorrdnint to . des Sratum Indicator pominant Plant Species Straturn wicator ec-ey Q U nS 1 ree ,cMW 9. ; 2 /d S 4e- la 10. . . I / Q,?Gar Gi I 3 rPe 11. . 4. 5 ?j? S?_ FA&d me.b EAC 12. 15. . 6 14. . 7 15. . 8. 16. Percent of Dorr*=t Species that are 013L. FACW or FAC ezdudin FAG). Remarks: Rm-l ?eyd X011 Meara clue HYDROLOGY _ Recorded Data (Describe in Remarks): WeUa W Hydrobgy Indicators: _ Stream, Lake, or Tide Gauge Primary Indicators: _ Aerial Photographs ?Inundated _ Other Saturated in Upper 12 Inches _ No Recorded Data Available _ Water ktuks _ Drift Lines _ Sediment Deposits Feld Observations: _ Drainage Patterns in Wetlands 0 Secondary Indicators (2 or more required): (in.) Depth of Surface Water. _ Oxidized Root Channels in Upper 12 Inches ,.Water-Stained Leaves Depth to Free Water in Pit ,(in.) _ Local Sol Survey Data _ FA(,Nmtral Test Depth to Saturated Sol: in.) Other (Explain in Remarks) Remarks: B2 Appendix B Blank and Example Data Forms #3 Q e SOILS Map Unit Name (Series and Phase): Drainage Class: Field Observations T=nommy (Subgroup): Confirm Mapped Type? Yes Flo Pmtile DPSG7IDL(?n: Depth Malrb(Color Mottle Colors Mottle Abundance/ Te)Qure, Concretions, flnches)- Ffton fMun^_.?t Mo}s1) fMuns°ll Moist) SLn- Contrast Structure. etc. o-y A_ lore aka ?1 11e P" q-14 4a . I o yg 51" f Cr 4a.,S? /o -t g f /m 6/22 d Fydric Soil Wicat Drs: _ FUosol _ Concretions _ Fistic Epipedon - ligh organic Content in Surface Layer in Sandy Soils _ SuMic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Fydric Soils List _ Reducing Conditions _ Lbted on Wloml Fydrie Sods List _ Gleyed or L o%,Chroma Colors _ Other (E)plain in Remarks) Remarks: W t I LANU Ftydrophytic Vegetation Present? Yes No (Circle) (Circle) Wetland Hydrology Present? Yes No Hydric Sob Present? Yes tJo Is this Sampling Point Within a Wetland? Yes No Remarks: by Appendx B Blank and Example Data Forms B3 14 r GL7L.1 MI Ivl• Dorrin,.t Punt ?edos Stratum Indicator pominant Ptani Species Stratum ?iidicator 1 9. 2. 10. 3. 11. 4. 12. 5. 13. 6 14. 7 1s. Percent of Dominant Species that are 013L, FACW or FAC exdudin FAG). Remarks: ..1 n_W 1 1? v 1 i v L.v ?a ¦ - Recorded Data (Descrbe in Remarks): Wetland Hydrology Ixicators: _ Stream, Lake, or Tide Gauge Primary trxficators: _ Aerial Photographs - Inundated Other - Saturated in Upper 12 Inches - - No Recorded Data Available -Water kbft _ Drift Lines _ Sediment Deposits Field Observations: - Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: (in.) -Oxidized Root Channels in Upper 12 fiches -Water-Stained Loaves Depth to Free Water in Pit: (in) _ Local Sol Survey Data _ FN,Neutral Test Depth to Saturated Sol: (in.) -Other (Explain in Remarks) Remarks: B2 AppendixB Mink and Example Data Forms DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) SUIL? WP Unit Name series and Phase): Drainage Class: ( Field Observations Taxonomy/ (Subgroup): Confirm Mapped Type? Yes lb Moe Wit!^^n: Depth Matrix Color d l Horizon ("irrel Moist) Mottle Colors Mottle Abundance/ Texture, Concretions, Nunc_an Moktl cL- mantra SICUCIure. etc. Fydric Soil Indicators: _ Fuosol "stic Epipedon _ Concretions _ ligh Organic Content In Surface Layer in Sandy Soils Sulidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime _ Listed on Local Fydric Solis LU _ Reducing Conditions _ Wed on National Hydric Sots List _ Gleyed or Low-Chroma Colors - Other (E)qlain in Remarks) Remarks: WETLAND DETERMINATION Hydrophybc Vegetation Present? Yes No (Circle) (Circle) Wetland Fydrology Present? Yes No Hydric Sods Present? Yes No Is this sampling Point Within a Wetland? Yes No Remarks: ADDroved by HQUSACE 3/92 B3 Appencroc B B" and Exampla Data Forms O?pF W A'14 Q- Michael F. Easley, Govemor William G. Ross Jr., Secretary tom-- North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality February 24, 2005 DWQ Project # 05-0080 Wake & Johnston County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Francis Henderson 5 E. Haywood St. Wendell, NC 27591 Subject Property: Magnolia Plantation Buffalo Creek (Wendell Lake) [03-04-06, 27-57-16-(3), C NSW (nutrient sensitive)] *303(d) listed waters REQUEST FOR MORE INFORMATION Dear Ms Henderson: On January 18, 2005, the Division of Water Quality (DWQ) received your application dated January 14, 2005 to impact 0.70 acres of wetlands to construct the proposed road crossing. 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 Information Requested: 1. The Johnston County Soil Survey shows a stream feature crossing the subject property. Please submit a stream determination letter from the DWQ that indicates whether this stream feature is subject to the Neuse Riparian Buffer Rule, NCAC 2B 0.0233. 2. Please show all stream impacts including all fill slopes, dissipaters and bank stabilization on the site plan. 3. Please indicate all buffer impacts on the site plan. 4. Please indicate the location of the protected buffers as overlays on the site plan. 5. Your plan indicates a lot of "open space", this lot is adjacent to lot # 9 where there is proposed wetland fill. Please provide justification as to why lot #9 cannot remain as "open space" to minimize wetland impacts. Please respond within three weeks of the date of this letter by sending this information to me in writing and Michael Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htta://h2o.enr.state.nc.us/ncwetlands one N Carolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Francis Henderson Page 2 of 2 2/24/05 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 Ms. 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, Supervisor 401 Oversight/Express Review Permits Unit CBK/dae cc: Michael Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Bryan F. Staley-Agri-Waste Technology, Inc., 5400 Etta Burke Court, Raleigh, NC 27606 Filename: 050080MagnoliaPlantation(Wk&Jo)hold UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid LISP$ Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 ¦ Complete items-.1, 2, and 3. Also complete item 4 if Restricted,Delivery. Is desired. ¦ Print your name and address on the reverse so that we'ean return the card. to you. ¦ Attach this card'to the back of the mailplece, or on the front if, space permits. I: Artic .e Addressed to: 2,77 5' 1 A. Signature X B. Received by (Printed Name) ? Agent Date df Delivery D. is delivery address ditwd from Item 1? ? Yes If YES, enter delivery address beiow. ? No 3. Ice >ype Certified Mail ? Express Mail Registered pgh Retum Receipt fdr Merchandise ? insured Mail 'LJ C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes >.. Article Number 7005 0390 0001 4029 3564 (riansferfr m s6 . 3811, February 2004 Domestlc Retum.Receipt 102595.02-1*164(