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HomeMy WebLinkAbout20050393 Ver 1_Complete File_200503010 O?O? WA I 41??QG o ~? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 19, 2005 Sandler at Amberly, LLC Attn: Mr. Bob Jones 3412 V2 Hillsborough Street Raleigh, NC 27607 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-0393 Chatham County Subject Property: The Peninsula UT to Panther Creek [03-06-05, 16-41-1-17-3, WS-IV, NSW (nutrient sensitive)] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Jones: You have our, approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact .0 11 acres of wetlands. and 746 feet of streams for the purpose of a subdivision and sewer lines at the subject property, as described within your application dated March 1, 2005 and received by the N.C.. Division of Water Quality (DWQ) on March 1, 2005. and all additional information submitted and received on March 28, 2005 and May 20, 2005. A modification request dated December 13, 2005 was received December 13, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 and 3374 (GC3402 and 3374). The Certification(s) allows you to use Nationwide Permit(s) 39 and 12 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, Non-discharge, and Water Supply, Watershed 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 Certification replaces the one issued to you on May 20, 2005. 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 2H .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: 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: htti)://h2o.enr.state.nc.us/ncwetlands Ane Carolina 1VNaturally Sandler at Amberly, LLC Page 2 of 4 December 19, 2005 Amount Approved (Units) Plan Location or Reference Stream 746 (feet), 131 perennial and 615 intermittent Sheet 2, 3, 4, 6 and 7 404 Wetlands .011 (acres) Sheet 3, 5 and 7 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. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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. 4. 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. 5. Written Stormwater Management Plan An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be. approved in writing by this Office. before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402.. The stormwater management plan must include worksheets, plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class. C and designed to remove 85% TSS according,to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the. Division of Water Quality. Also,. Sandler at Amberly, LLC Page 3 of 4 December 19, 2005 before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. The above condition shall apply unless it is demonstrated in writing to the satisfaction of this Office that the impervious area of the entire, built-out project shall be less than 30% and that there are no pockets of high-density development with concentrated impervious area over 30% area within the project such as, but not limited to, commercial areas, multi-family, clubhouses, maintenance areas, etc. 6. Construction Stormwater Permit NCGO 10000 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 hgp: //h2o. enr.state. ne. us/su/Forms Documents. htm. 8. Culvert Installation Culverts required for this project shall be installed in such a manner that. the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to. prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. 9.. 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, 0 Sandler at Amberly, LLC Page 4 of 4 December 19, 2005 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 Eric Kulz in the DWQ Raleigh Regional Office at 919-571-4700. Sincerely, Al W. Klimek, P.E. AWK/dae Enclosures: GC 3402 Certificate of Completion EEP Summary cc: Sean Clark-S&EC, 1.1010 Raven Ridge Road, Raleigh; NC 27614 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Carol Shaw, Ecosystem Enhancement Program Filename: 050393Peninsula(Chatham)401 MOD Soil & Enviro-nmental'Consultants, PA I 11010 Raven Ridge Road Raleigh, North Carolina 27614 - Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com 1 205 December 13, 2005 QE c S&EC Project #: 1089 pENR - y?(AT RM?`id? ER! BR??N ANOS AM NCDENR-DWQil.p B US Army Corps of Engineers Attn: Ms. Cindy Karoly, Attn: Mr. Todd Tugwell 2321 Crabtree Blvd., Suite 250 6508 Falls of the Neuse Road Parkview Building Suite 120 Raleigh, NC 27604 Raleigh, NC 27615 RE: Request to amend previously issued Nationwide Permit 39 and. Water Quality Certification 3402 The Peninsula Cary, Chatham County, North Carolina Dear Ms. Karoly and Mr. Tugwell: On behalf of Sandler at Amberly, LLC (current property owner), we hereby request authorization from the US Army Corps of Engineers (USAGE) and the Division of Water Quality (DWQ) to amend the Nationwide Permit and the Water Quality Certification (Action ID 200220442 & 200520316, DWQ# 05-0393). The impact identified as "Impact Area #6" has been further reduced from 179 linear feet to 131 linear feet of perennial stream impacts. As per our conversation with Todd Tugwell of the USACE on November 29, 2005, no mitigation will be required for this impact due the to minimization. However, we are requesting written concurrence from the NC-DWQ as this,minimization brings the impacts below the mitigation threshold of 150 linear feet. Therefore, no mitigation should be required for this project. Attached are the revised impact maps and impact summary table. Please re-issue a revised permit and Water Quality Certification to reflect the impact revisions. Please call or email'me at SClarkkSandEC.com if you have any questions. Sincerely, Sean Clark Environmental Scientist Attachments: Impact Maps & Table (3 sheets) Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fax: 919-678-0206 www.chashsells.com Amberly SF 2/3 Cary, NC GS Carolina 3412 12 Hillsborough St. Raleigh. NC 27607 PROJWr #: a4J1300 DAM- 10.31-05 DRAWN BY. ME CHECKED BY. DF TITLE SCALE 1"== WETLAND IlOACTS SHEET O O N io?ld' i,l??l 20" SS EASEMENT I CHANNEL ` IMPACT AREA 46 (NWP39)131 ";LF PERENNIAL - 24'LX8'W CLASS 1 STONE 22' THICK 260 N 6 98 ---f L-P K ROAD i O CULVERT 81' m OF O 36" C.A.P. 01.1X \ f INV. 251.0' 45' SKEW HEADWALLS 1 CHANNEL PER DOT DETAIL 838.05 IMPACT AREA #5A I --- a-+ DWQ - INTERMITTENT ro 1/28/05 mN 1 0 w? 7 ! ! i AREA _..#_ , I - - m ADDED RETAINING WALL TO '.REDUCE IMP © CHAS H. SELLS. INC. ALL RICHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PR10R PERMISSION F[' ONI CHAS H, SELLS, INC.. IS EXPRESSLY PROHIBITED. CHAS. H. SELLS INC. PRAWNB °W DATE:IDBY:= ' Amberly SF 2/3 DRAWN BY: Jt CHECKED II Y; DS 15300 Weston Parkway TITLE SCALEI"=50' Suite 106 Cary, NC Cary, NC 27513 WETLAND IMPACTS Tel: 919-678-0035 GS Carolinu Fox: 919-678-0206 3412 1/2 Hillsborough SL SHEET www.chashsells.com Ralaigh, NC 27607 4 ;3-d 90209LSG T G 3W I SIBS H SUHO dSS =1r0 SO T E 400 TOTALS: SF 0.06 AC m746 L? ADDED RETAINING WALL TO REDUCE IMPACTS r• © CHASM. SELLS, INC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUcrio4OR OTHER USE OPTHIS DOCUMENT NOTHOUT PRIOR PERMISSION FROM CHAS H. SELLS, INC., IS EXPRESSLY PROHIBITED, . H. SELLS, INC. PROTECT#: (1x-43 DATE: CHAS EDDY: Amberly SF 2/3 DRAWN BY: JWE CIIECKE BY: US f • TITLE SCALE I"=50' 15300 Weston Parkway Suite 106 Cary, NC WETLAND IMPACTS Cary, NC 27513 cSCarolina SUMMARY TABLE Tel: 919-678-0035 3412 I/2 llillsborougn St. SHEET Fox: 919-678-0206 Ralcigb, NC 27607 p www.choshsells.com Q WETLAND IMPACT SUMMARY IMPACT AREA WETLAND TYPE IMPACT TYPE AREA (SF) oR LENGTH (LF) AREA (AC) IMPACT AREA #1 CHANNEL SEWER LINE 20 LF N/A IMPACT AREA #2 CHANNEL SEWER LINE 22 LF N/A IMPACT AREA #3 CHANNEL ROAD 130LF N/A IMPACT AREA #4 CHANNEL AND LINEAR ROAD 108 LF CHANNEL 1,725 SF WETLANDS N/A 0.03 AC IMPACT AREA #5 CHANNEL ROAD LOT 131 LF ROAD 85 LF LOT N/A IMPACT AREA 05A CHANNEL ROAD 20LF N/A IMPACT AREA #6 CHANNEL ROAD m 131LF N/A IMPACT AREA 97 LINEAR SEWER LINE 893 SF 0.02 AC IMPACT AREA #8 CHANNEL SEWER LINE 20 LF NIA IMPACT AREA #9 CHANNEL ROAD 79 LF N/A 6 • d 9020BL96 T 6 3W I S113S H SUH3 dSS =i0 SO T e 100 A Tp,o Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 20, 2005 Sandler at Amberly, LLC Attn: Mr. Bob Jones 3412 %2 Hillsborough Street Raleigh, NC 27607 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-0393 Chatham County Subject Property: The Peninsula UT to Panther Creek [03-06-05, 16-41-1-17-3, WS-IV, NSW (nutrient sensitive)] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Jones: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact .011 acres of wetlands and 794 feet of streams for the purpose of a subdivision and sewer lines at the subject property, as described within your application dated March 1, 2005 and received by the N.C. Division of Water Quality (DWQ) on March 1, 2005 and all additional information submitted and received on March 28, 2005 and May 20, 2005. A?ter reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 and 3374 (GC3402 and 3374). The Certification(s) allows you to use Nationwide Permit(s) 39 and 12 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, Non-discharge, and Water Supply, Watershed 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 2H .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: WC Caro?na 4010versighUE?ress Review Permits Unit QtA(,r [?J 1650 Mail Servioe 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/ncwetiands An Equal Opportunity/Affirmative Action Employer - 60% Recycled/10% Post Consumer Paper Sandler at Amberly, LLC Page 4 of 4 5/20/05 9. 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, 2769971650. 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 Eric Kulz in the DWQ Raleigh Regional Office at 949-571-4700. Sincerely, AWK/dae Enclosures: GC 3402 Certificate of Completion EEP Summary fl `? (_?r a- Alan W. Klimek, P.E. c cc: Sean Clark-S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 050393Peninsula(Chatham)401 A NIMA 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 North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, The Peninsula for Sandler at Amberly has permission as outlined below to impact 0.11 acres of wetlands and 794 linear feet of streams for the purpose(s) of constructing the proposed subdivision in Chatham County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROCTR AM DWQ Project No: LOCATION: COUNTY BASIN/ SUB BASIN/ INDEX 05-0j'93 The Peninsula ti Chatham 03-06-05/[16-41-1-17-3] As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts: 0.11 Acres of wetlands 794 Linear feet of stream (82' temporay/712' permanent) Mitigation: 179 Linear feet of perennial stream Please Note: Total stream impact equals 794' linear feet, of that 179' is perennial, 615' is intermittent and 82' is temporary. In correspondence dated February 24, 2005, the EEP indicated that up to 358 linear feet of stream mitigation will be conducted by EEP if necessary. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NO1thCarohna Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htto:Hh2o.enr.state.nc.us/ncwetlands ;Vwmnally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper WA r > U . "C. Sandler at Amberly, LLC Attn: Mr. Bob Jones 3412 %2 Hillsborough Street Raleigh, NC 27607 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 July 29, 2005 DWQ Project # 20050393 Chatham County Subject Property: The Peninsula for Sandler at Amberly UT to Panther Creek [03-06-05, 16-41-1-17-3, WS-IV, NSW (nutrient sensitive)] Dear Mr. Jones: Reference is made to the General 401 Water Quality Certification issued to you on May 20, 2005 for the referenced project, and to our correspondence dated June 20,12005, noting that the Certification was not valid due to elevation of the 404 Permit to Individual Permit `status. In our July 18,2005 meeting with you, the U.S. Army Corps of Engineers and various parties involved in other phases of the Amberly development, the Corps confirmed that The Peninsula for Sandler at Amberly (DWQ Project No. 20050393) is to be processed by the Corps as a separate and complete project on its own, and that this project will qualify for Nationwide Permits 12 and 39. Therefore, the General Certification issued to you. on May 20, 2005 is valid and you may proceed with your project in accordance with the conditions of that Certification. For your information, please note that the other two active files currently in our records for the Amberly development include 1) an Individual Permit application for Amberly PUD MF-2 & MF-2a in Wake County by KB Home Raleigh-Durham, LLC, attn: Mr. Pete Sullivan (DOA Action ID200520751, DWQ Project No.20050819), and 2) an Individual Permit application for Sandler at Amberly in Wake and Chatham Counties by Sandler at Amberly, LLC/GS Carolina, attn: Mr. Bob Jones (DOA Action ID 200520319, DWQ Project No. 20051321).. The Corps intends to process The Peninsula for Sandler at Amberly as one separate and complete project, while the two active files for Amberly PUD MF-2 & MF- 2a and Sandler at Amberly will constitute a second separate and complete project (note that two different owners are involved in this second complete project). Thank you for your attention. If you have any questions, please contact me at 919-733-9721. Sincerely, Ira Cyndi Karoly 401 Oversight and Express Permits Unit 4010versight/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/ncvvetlands None Cam a turu? Jun 29 05 09:29a CHAS H SELLS INC 9196780206 P.1 CHAS. H. SELLS, INC. ,. 15401 Weston Pkwy Ste 100, Cary, NC 27513 Phone: (919) 678-0035 Fax: (919) 678-0206 To: Cyndi Karoly From: Company: DWQ Date: Fax: 733-6893 Pages: Phone: 733-1786 Project: Re: CHS # FACSIMILE Don Sever June 29, 2005 3 including cover Amberly -The Pennisula ? Urgent © For Review 0 Please Comment ? Please Reply . Comments: E-mail hard copy. Thanks, Don 0 Please Recycle JUN-29-2005 WED 07:54 TEL:9197336893 NAME:DWO-WETLAND`, P. 1 Jun 29 05 09:29a CHAS H SELLS INC 9196780206 p.2 Don Sever From: Don Sever [dsever@chashsells.com] Sent: Wednesday, June 29, 2005 8:35 AM To: 'Cyndi Karoly' Cc: Debbi Ferm Subject: RE: FW: Amberly - The Peninsula for Sandler at Amberly DOA Action ID 200520399 Cyndi, can you clarify if we have to stop work on the Peninsula until the July 18th meeting or can we continue on and address this issue at the July 18th meeting. We received a copy of the 104 permit for the Peninsula from Todd Tugwell today which you said we did not have for the Peninsula. The Peninsula project is completely separate from the rest of the Amberly project (not a phase of Amberly) as stated by Todd Tugwell. Thanks Don --Original message----- From: Cyndi Karoly [mailto:cyndi.karoly@ cmai'.net] Sent: Tuesdav, June 28, 2005 12:19 PM To: Don Sever Subject: Re: FW: Amberly - The Peninsula for Sandler at Amberly DOA Action ID 200520319 Don - after the meeting on July 18, we'll write whatever correspondence is necessary to carry on with these various projects. Don Sever wrote: >I am resending this email if you didn't receive the first time. >Don >-----Original Message----- >From: Don Sever [mailto:dsever?chashsells.com] >Sent: Thursday, June 23, 2005 4:57 PM >To: Cvndi Karoly (cyndi.karoly©ncmail.net); Todd.J.Tugwell >Cc: 'Ross Massey'; `Debbi Ferm'; 'Sean Clark'; Kevin Martin; Bob Jones; >Joseph J Cebina; Ross Massey >Subject: RE: Amberly - The Peninsula for Sandler at Amberl..r DOA Action >1D 200520319 >Cyndi, we have received a copy of your letter dated June 20, 2005 and >are sending this email for a point of clarification. The letter states >that the 404 issue has not been issued which is incorrect for this >project. I spoke with Todd Tugwell this afternoon to verify this >information and he stated that the 404 permit has been issued but that >he has been so swamped with work and that an official written >notification has not been sent out. He was possibly going to give you a >cal.l. but I am assisting him with this correspondence. We also >understand tzat this was also verified by the Carol Shaw with NCDENR >Ecosystem Enhancement since we were told that she will not send out an >invoi.ce for payment unless a 404 permit has been issued as well. > >We understand that the meeting for July 16, has been setup to clarify >some confusion. However, since the Peninsula project has been deemed a >separate project by the USACOE and permitted as such, is it possible to >get a retraction on your letter saying the permit for the Peninsula is >not valid. As you are aware a separate individual permit has been >applied for the 600 acre portion of the Amberiv land as agreed upon >with the USACOE. The Peninsula is not part of this 600 acres. 7 >Thanks for your cooperation in this matter. 1 JUN-29-2005 WED 07:54 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 Jun 29 05 09:29a CHnS H SELLS INC 9196780206 p.3 >Don Sever >-----Original Message----- >From: Kevin Martin [mailto:kmartin@sandec.com] >Sent: Monday, June 2C, 2005 8:47 PM >To: Don Sever >Cc: Ross Massey; Debbi Ferm; Sean Clark >Subject: RE: Amberly >1 got the following email message from Cyndi Karoly today (see below). >Kevin >I've heard back from most of the parties interested in the Amberly >project with respect to the "permit confusion resolution" meeting we'd >proposed recently. It appears that Monday, July 18 at fpm will actually >work for the various players involved. We've reserved the large >conference room (Room III) on the 14th floor of the Archdale Building. >If you have any questions about getting to the Archdale or parking your >car, you can call me at 919-733-9721. > >Please note that we'll be sending our a hold letter to cover the two >existing applications, noting the upcoming meeting. >I've been asked to include the following folks. I don't have their >e-mail addresses, so please forward this information to them if you have >their addresses. >Bob Jones >Don Sever >Joe Cebina >Ross Massey >David Brubaker 2 JUN-29-2005 WED 07:55 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 Jun 30 05 01:54P CHAS H SELLS INC 9196780206 -LT h a ??? >o ST ? 09 1 ? 1 1 ?? 1 /1 June 30, 2005 Ms. Cyndi Karoly 401 Oversight/Express Review Permits Unit 1650 Mail Service Center Raleigh, NC 27699-1650 SUBJECT: The Peninsula DWQ Project #05-0393 Chas. Sells #03423.002 Dear Ms. Karoly: P.1 PRINGiP4iS STE1`N W. ET9fTH, PE S,ISANK FASNACII.P.E. NOSE D. 9UOt`000PE h.E. TH('rAAS NOJELLINO. CP, P.P S. SENIOR ASSOCIATES C ROSS f1ASSEY, P.E. MAI) K. BRUBA'KER, P.L.S. DAN P. BREWER. P.E. This letter is to confirm your voicemail message to me today regarding the Peninsula project. Your letter dated 20 June 2005 stated that our 401 permit was no longer valid since the 404 permit had not been issued. Prior to this time, we had received a verbal confirmation from Todd Tugwell that we had the 404 permit, and we received a written copy of this permit on 27 June 2005. Your voicemail message stated that since the 404 permit was issued, the contractor is able to continue work at the Peninsula. We have directed our contractor to continue unless we hear otherwise from you in writing, If you have any questions or comments, please feel free to call me at 678-0035. Sincerely, Chas. H. Sells, Inc. Debbi Ferm, PE Senior Project Engineer Enclosure: cc: Bob Jones, GS Carolina Ron Biggers, Blue Ridge Site Development V:\Projects\Sells Proiects\03423 Amberly SF2 SF3\Correspondence0ENR\DWQ LetterCyndi3OJunO5.doc 15,101 Wt!slun Purkway • Suite 100, Carr, NC 2751 - Tcl: 919.678.0035 • Fax: 919.678.020f) • www.chashs< 11-1•uni AN I:QU:11. OP1 ORTL'NITr ' FMPLOYFR, N111' JUN-30-2005 THU 12:19 TEL:9197336893 NAPIE:DWQ-WETLANDS P. 1 CHAS. H. SELLS, INC. June 3, 2005 Mr. Alan Klimek, P.E. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center Raleigh, NC 27699-1650 SUBJECT: The Peninsula DWQ Project #05-0393 Chas. Sells #03423.002 Dear Mr. Klimek: PRINCIPALS STEVEN W. SMITH, P.E. SUSAN K. FASNACHT, P.E. MOSE D. BUONOCORE, P.E. THOMAS NOVELLINO, C.P., P.P.S. SENIOR ASSOCIATES C. ROSS MASSEY, P.E. DAVID K. BRUBAKER, P.L.S. DAN E. BREWER, P.E. This letter is in response to #6 of the additional conditions of the certification per your 401 approval letter dated May 20, 2005 for the Peninsula. Enclosed please find the impervious area calculations and the site plan for the subdivision. According to the calculations, since the proposed development is less than 30% impervious, a Stormwater Management Plan is not required. In addition, there are no proposed pockets of high density development within the subdivision that would require a separate plan. If you have any additional questions or comments, please feel free to call me at 678- 0035. Sincerely, Chas. H. Sells, Inc. 0-1" /rte -)" Debbi Ferm, PE Senior Project Engineer Enclosure: cc: Bob Jones, GS Carolina Sean Clark, S&EC Qr?c?RadIR p JUN 9 2005 DENR - WATER QUALITY WER ANDS AND STORMWATER BRANCH VAProjects\Sells Projects\03423 Amberly SF2 SF3\Correspondence\DENR\DWQ Letter3Jun05.doc 15401 Weston Parkway - Suite 100 - Cary, NC 27513 - Tel: 919.678.0035 - Fax: 919.678.0206 - www.chashsells.com AN EQUAL OPPORTUNITY EMPLOYER, M/F The Peninsula Impervious Area Calculations 3-Jun-05 Description Quantity Unit Total Area: 167.88 ac Number of Lots: 308 Impervious Area per lot: 4987 sf Right of way RM) Area: 18.64 ac Impervious Percentage of R/W: 75% Total Impervious Area: 49.24 ac Total Impervious Percentage: 29% sf2and3TN 11 Nov03.xls Chas. H. Sells, Inc. 6/3/2005 W A Ti- Michael F. Easley, Governor R" William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q -C Alan W. Klimek, P.E. Director Division of Water Quality June 20, 2005 DWQ Project # 05-0393 and 05-0819 Chatham and Wake Counties CERTIFIED MAIL: RETURN RECEIPT REQUESTED Amberly PUD MT-2 and MF-2a/KB Home Raleigh-Durham, LLC Attn: Pete Sullivan 1100 Navahoe. Drive Raleigh, NC 27609 Soil and Environmental Consultants, PA Attn: Sean Clark 11010 Raven Ridge Road Raleigh, NC 27614 The Peninsula for Sandler at AmberlyjSandler at Amberly, LLC Attn: Bob Jones 3412 %z Hillsborough Street Raleigh, NC, 27607 Chas H. Sells Attn: Don Sever 15300 Weston Parkway, Suite 106 Cary, NC, 27513 Subject Properties: Amberly PUD M02 MF2-a; DOA Action ID No. 200520751; DWQ #05-0819, Wake County The Peninsula for Sandler at Amberly; DOA Action ID No. 200520319; DWQ# 05-0393, Chatham County REQUEST FOR MORE INFORMATION Dear Sirs: On May 20, 2005, the Division of Water Quality (DWQ) issued a General 401 Water Quality Certification for The Peninsula for Sandler at Amberly. We have since been informed that this General Certification is not valid for this project, since an Individual 404 Permit will be required. The Public Notice was issued May 24, 2005 (received by DWQ June 20, 2005), with the comment period open until June 23, 2005. This project has been assigned DWQ Project No. 05-0393. Please refer to this project number in all future correspondence. On May 11, 2005, DWQ received a Public Notice for Amberly PUD MF2 MF2-a. The Division will begin to review the project for eventual decision. However, please be aware that beginning January 1, 1999 that the N.C. General Assembly passed legislation requiring payment of a fee of $475.00 for this project. The 401 Water Quality Certification cannot be issued until this fee is paid and all technical review issues associated with the overall Amberly project are resolved. Until that time, your application 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 21604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httP://h2o.enr.state.nd.us/newetiands Nose Carolina N A(milry An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Amberly Page 2 of 2 June 20, 2005 will remain on hold as incomplete. This project has been assigned DWQ Project No. 05-0819. Please refer to this project number in all future correspondence. We have been informed by the U.S. Army Corps of Engineers that the overall "Amberly" development will be considered as a single project for regulatory review purposes, although it will be permitted in phases. Furthermore, it appears that impacts which have occurred on earlier phases of the Amberly project (Amberly Development - SIMANCO, DWQ Project #95-0410, 401 Certification issued May 18, 1995 and subsequently modified August 20, 1996 and January 7, 1998) do not fully match the permitted impacts. Also, maps associated with previous and currently proposed phases are inconsistent, possibly reflecting re-design and long-term planning for the Amberly Development. In order to resolve the various issues associated with this project, a meeting has been scheduled for Monday, July 18, 2005 at the. Archdale Building (10 floor conference room #3) at 1:00 p.m. Those invited to attend this meeting include staff from the Corps, DWQ, Wildlife Resources Commission, Town of Cary, the applicant(s) and consultants involved. Please note that the purpose of this meeting is to begin resolving confusion (and potential compliance problems) associated with this project. It is possible that further additional information requests may be forwarded about any phase of Amberly following this.meeting. This letter only addresses, the application review and does not authorize any impacts to wetlands or waters. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly 919-733-17.86 or Danny Smith at (919) 733-5083(ext 353) if you have any questions regarding this matter. `..? Sincerely, /1 Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBKlcbk cc: Eric Kulz, DWQ Raleigh Regional Office Todd Tugwell, USACE, Raleigh Regulatory Field Office Jean Manuele, USACE, Raleigh Regulatory Field Office File Copy Shari Bryant, Wildlife Resources Commission Danny Smith, Compliance Oversight Central Files File copies Filename: 050393-050819Amberly(Chatham Wake)hold U.S. ARMY CORPS OF ENGINEERS copy WILMINGTON DISTRICT Action ID: 200220442 200520316 County: Chatham GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERI Property Owner: Sandler at Amberly, LLC Attn: Bob Jones Mailing Address: 3412 1/2 Hillsborough Street Raleigh, North Carolina 27607 Authorized Agent: Soil & Environmental Consultants, Inc. Attn: Sean Clark Mailing Address: 11010 Raven Ridge Road Raleigh, North Carolina 27614 JUN 2 8 2005 05NR . WATER QUALITY WETLANDS AND STORMWATER BRANCH Telephone No.: (919) 832-9998 Telephone No.: (919) 846-5900 Location of property (road name/number, town, etc.): The project (The Peninsula) is located north of New Hope Church Road, and west of Yates Store Road, in Cary, Chatham County, North Carolina. Site Coordinates: 35.8210 °N 78.9248 °W USGS Quad: Green Level Waterway: Panther Creek River Basin: Cape Fear HUC: 03030002 Description of projects area and activity (see page 2 for a summary of authorized impacts): Activities associated with the proposed project include mechanized land clearing, excavation, the installation of culverts and sewerlines, and the placement of backfill and riprap stabilization, necessary for the construction of roads and utilities. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 12 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. . Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Todd Tu ell at telephone (919) 876-8441, ext 26. Corps Regulatory Official Date: 06/23/2005 Verification Expiration Date: 03/18/2007 Copy Furnished: Cyndi Karoly, NCD ,1650 Mail Service Center, Raleigh, NC 27699-1650 Carol Shaw, NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652 Page 1 of 2 - Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the jurisdictional determination issued on 01/22/2002 (Action ID: 200220442). Basis of Jurisdictional Determination: The project site contains an unnamed tributary to Panther Creek, and adjacent wetlands, which flow into the Cape Fear River, a navigable waterway. Corps Regulatory Official I T! Date: 06/23/2005 Determination Expiration Date: 01/22/2007 Summary f Authorized Impacts and Required Mitigation Action ID NWP / GP Open Water (ac) Wetland (ac) Unim orft Steam 1 Important Stream (1 # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 200220442 12 0 0 0.02 0 82 0 0 0 200520316 39 0 0 0 0.09 0 533 0 179 Impact Totals 0 0 0.02 0.09 82 533 0 179 Total Loss of Waters of the U.S. (ac) 0.09 Total Loss of Waters ofthe U.S. (If) 712 Required Wetland Mitigation (ac) 1 0 Re uired Stream Mitigation (10 1 358 In-Lieu/EEP Additional Remarks and/or Special Permit Conditions: Special Conditions 1. The permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 358 linear feet of water stream in the Cape Fear River Basin, Cataloging Unit 03030002. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NCEEP and provided a copy of the payment documentation to the Corps, and the NCEEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. Page 2 of 2 WILMINGTON DISTRICT POST-CONSTRUCTION COMPLIANCE FORM Action ID Number: 200220442 200520316 County: Chatham Permittee: Sandler at Amberly, LLC Attn: Bob Jones Date Permit Issued: 06/23/2005 Project Manager: Todd Tugwell Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US Army Corps Of Engineers Wilmington District Raleigh Regulatory Field Office 6508 Falls Of The Neuse Road Suite 120 Raleigh, North Carolina 27615 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 060393 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 FILE C6PY March 1, 2005 S&EC Project #: 1089 NCDENR-DWQ Attn: Ms. Cindy Karoly / Ms. Debbie Edwards 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 RE: Request for NWP 12 & 39 and 401-Certification The Peninsula Cary, Chatham County, North Carolina Dear Ms. Karoly, Ms. Edwards, and Mr. Tugwell: US Army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 MAR 1 2005 GFNR - WATER QUALITY iNEnj,,40S AND STORMATER BRANCH On behalf of Sandler at Amberly, LLC (current property owner), we hereby request authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permits 12 and 39 to cover impacts to wetlands and streams. resulting from the proposed project. We also request written concurrence from the North Carolina Division of Water Quality (DWQ) that the project complies with the associated water quality certification for proposed impacts. A Pre-construction Notification Application (PCN) is attached, which includes an agent- authorization form. Location The proposed project site is located North of New Hope Church Road (SR 1733) and west of Yates Store Road (SR 1734), in Cary, NC. The site is in the Cape Fear River Basin. Please see the attached USGS site vicinity map. Project History Soil & Environmental Consultants, PA conducted a detailed wetland delineation of the project site. Ms. Amanda Jones, of the USACE, provided a Jurisdictional Determination for the jurisdictional features on the property on January 22, 2002 (AID 200220442). The Town of Cary Riparian Buffers were confirmed by Mr. Matt Flynn in October and November 2001 (TCRB 01- 008). More recently, a site meeting was held with Mr. Don Sever of Chas H. Sells and Mr. Eric Kulz of the NC-DW.Q in order to make perennial calls on the site. The intermittent/perennial determinations are labeled on the attached impact maps. A preapplication meeting was held with S&EC, Chas H. Sells, and the USACE (Todd Tugwell), which resulted in the relocation of a road and the subsequent avoidance of a wetland area (upstream of proposed impact 2). Impact Justification The overall street layouts for the development minimize crossings as much as possible. Lots have been positioned in such a manner so as to have drainages (i.e. wetlands and channels etc.) along Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 March 1, 2005 S&EC Project. #: 1089 Page 2 of 2 lot lines thereby minimizing the need for lot fill. As stated above an additional crossing was avoided by redesigning the road corridor to go around a wetland area upstream of Impact 2. All sewer lines (Impacts 1, 2, 5A, and 8)were designed to cross jurisdictional stream channels at perpendicular angles so as to further reduce impacts. The sewer line crossings were also placed in portions of the stream that were less sinuous, which also reduced the impacts. Due to the intersection of New Hope Church Road and Yates Store Road being realigned to provide a 90-degree intersection as per the NCDOT, the location of the entrance to the property from Yates Store Road is fixed. The entrance road also requires a 90-degree intersection, which lines the road up to impact the upper portion of a stream (Impact 9). Due to the steep slope at the top of this stream feature, impacts cannot be avoided further. Sheet 7 of the impact maps depicts the proposed stream channel impacts resulting from the road crossing labeled as "Impact Area 9". Sheet 7 of the impacts depicts the attempt to avoid the stream channel impact given the fixed intersection point. According to the engineer, the design shown is not feasible because it does not meet NCDOT standards. Impervious/Stormwater The total impervious area proposed for the development is 28% (i.e. less than 30%) therefore a stormwater management plan has not been submitted for DW.Q approval. Stormwater facilities are being required by the Town of Cary. All storm water runoff has been diverted into wetponds or pocket wetlands to protect surface waters downstream. Mitigation Permanent impacts to perennial stream channels total 179 linear feet. Payment to the NC-EEP is proposed to satisfy the stream mitigation requirements for the project. A copy of EEP's acceptance letter is attached. No wetland mitigation is proposed because permanent impacts are less than 1/10 acre. Please call or email me at SClark ,SandEC.com if you have any questions. Sincerely, Sean Clark Environmental Scientist Attachments: Pre-construction (PCN) notification form Agent Authorization Form Site Location Map-USGS (Figure 1) Site Location Map - Soil Survey (Figure 2) Impact Maps & Table (9 sheets) EEP Acceptance Letter $475 check for 401-certification processing fee QE-3 @ [ROW ff3D MAR 1 2005 ENR - WATER QUALI I Y Office Use Only: WETLANDS AND Orin Tu"Ve'rr-smion May 2002 USACE Action ID No. DWQ No. 0603,193 (If any particular item is not applicable to nus project, piease enter °ivot Appucame or f4/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 12 and 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Sandler at Amberly LLC Mailing Address: Attn: Mr. Bob Jones 3412 %2 Hillsborough Street Raleigh NC 27607 Telephone Number: 919-832-9998 E-mail Address: 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: S&EC PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: 919-846-5900 Fax Number: 919-846-9467 E-mail Address: sclarkosandec.com Fax Number: 919-832-9896 Page I of 9 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: The Peninsula 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): Chatham 7253-23-9931, 0725-47-2903.000, Wake 0725-31-6749, 072502679303 4. Location County: Chatham Nearest Town: Town of Cary Subdivision name (include phase/lot number): The Peninsula Directions to site (include road numbers, landmarks, etc.):_ North of New Hope Church Road (SR 1733) and west of Yates Store Road (SR 1734). 5. Site coordinates, if available (UTM or Lat/Long): 35D49'55" N, 78D5433" W (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): 167.88 7. Nearest body of water (stream/river/sound/ocean/lake): UT's to Panther Creek 8. River Basin: Cane Fear River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hq://h2o.enr.state.ne.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: The majority of the site is forested and undeveloped. Surrounding properties are forested, in agriculture, and/or are residential. Page 2 of 9 10. Describe the overall project in-detail, including the type of equipment to be used: The project consists of grading and construction of homes, lots, and roads and infrastructure typical for a single-family residential development. Heavy equipment will be used for the construction of the project. 11. Explain the purpose of the proposed work: The purpose of the project is to provide housing for the growing CM 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. Soil & Environmental Consultants PA conducted a detailed wetland delineation of the project site Ms Amanda Jones of the USACE provided a Jurisdictional Determination for the jurisdictional features on the property on January 22, 2002 (AID 200220442). The Town of Cary Riparian Buffers were confirmed by Mr. Matt Flynn in October and November 2001 (TCRB 01-008). More recently a site meeting was held with Mr. Don Sever of Chas H. Sells and Mr. Eric Kulz of the NC-DWQ in order to make perennial calls on the site. The intermittent/perennial determinations are labeled on the attached impact maps. A preapplication meeting was held with S&EC Chas H Sells and the USACE (Todd Tugwell) which resulted in the relocation of a road and the subsequent avoidance of a wetland area (upstream of proposed impact 2) 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. There are no anticipated future permit requests anticipated for the Peninsula project at this time. 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 Page 3 of 9 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. 1. Provide a written description of the proposed impacts: The proposed impacts all result from the development of a single-family residential development on the property and are depicted on the attached impact maps and described in the tables below. Generally the impacts proposed will result from the installation of roads and other required infrastructure such as sewer lines. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on map) (acres) (yes/no) (linear feet) #4 Roadway Fill & (NWP 39) Culvert 0.03 No 0 LF Riparian Wetland (Permanent) #7 Sanitary Sewer (NWP 12) Crossing 0.02 No 0 LF Headwater Forest (Temporary) #9 Roadway Fill & (NWP 39) Culvert 0.06 No 0 LF Riparian Wetland (Permanent) * 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 b.qp://www.femagov. *** 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: +/- 6 acres Total area of wetland impact proposed: 0.11 acres (0.09 permanent) 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) #1 Sanitary Sewer (NWP 12) Crossing 20 UT to Panther Creek +/- 2' Intermittent (Temporary) #2 Sanitary Sewer (NWP 12) Crossing 22 UT to Panther Creek +/- 2' Intermittent (Temporary) #3 Roadway Fill & (NWP 39) Culvert 130 UT to Panther Creek +/- 2' Intermittent (Permanent) Page 4 of 9 #4 Roadway Fill & Culvert 108 UT to Panther Creek +/- 2' Intermittent (NWP 39) (Permanent) #5 Roadway Fill & ' Lot Grading 131 + 85 UT to Panther Creek +/- 3 Intermittent (NWP 39) (Permanent) #5A Sanitary Sewer ' Crossing 20 UT to Panther Creek +/- 2 Intermittent (NWP 12) (Temporary) #6 Roadway Fill & ' Culvert 179 UT to Panther Creek +/- 5 Perennial (NWP 39) (Permanent) #8 Sewer line ' Crossing 20 UT to Panther Creek +/- 5 Intermittent Q, WP 12) (Temporary) #9 Roadway Fill & ' Culvert 79 UT to Panther Creek +/- 2 Intermittent (NWP 39) (Permanent) * 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.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 179 LF of perennial stream and 635 LF of intermittent stream. 794 LF of total channel impacts. 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 map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) NA NA NA NA NA * 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.): Page 5 of 9 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The overall street layouts for the development minimize crossings as much as possible Lots have been positioned in such a manner so as to have drainages (i.e. wetlands and channels etc.) along lot lines thereby minimizing the need for lot fill. As stated above an additional crossing was avoided by redesigning the road corridor to go around a wetland area upstream of Impact 2. All sewer lines (Impacts 1, 2, 5A, and 8 )were designed to cross jurisdictional stream channels at perpendicular angles so as to further reduce impacts. The sewer line crossings were also placed in portions of the stream that were less sinuous, which also reduced the impacts. Due to the intersection of New Hope Church Road and Yates Store Road being realigned to provide a 90-degree intersection as per the NCDOT, the location of the entrance to the propert y from Yates Store Road is fixed. The entrance road also requires a 90-degree intersection which lines the road up to impact the upper portion of a stream (Impact 9). Due to the steep slope at the top of this stream feature, impacts can not be avoided further. Sheet 7 of the impact maps depicts the proposed stream channel impacts resulting from the road crossing labeled as "Impact Area 9". Sheet 7 of the impacts depicts the attempt to avoid the stream channel impact given the fixed intersection point. According to the engineer, the design shown is not feasible because it does not meet NCDOT standards. 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, Page 6 of 9 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/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Permanent impacts to perennial stream channels total 179 linear feet. Payment to the NC- EEP is proposed to satisfy the stream mitigation requirements for the project. A copy of EEP's acceptance letter is attached. No wetland mitigation is proposed because permanent impacts are less than 1/10 acre. 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): 179 * 2 = 358 Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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)? Page 7 of 9 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 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * 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. 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. Page 8 of 9 The total impervious area proposed for the development is 28% (i.e. less than 30%) therefore a stormwater management plan has not been submitted for DWQ approval. Stormwater facilities are being required by the Town of Cary All storm water runoff has been diverted into wetponds or Rocket wetlands to protect surface waters downstream. 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. The project will tie into the Town of Cary's sanitary sewer system. 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 Consultants, h.e (9191846-390) • Fag: (919) ,AU MORIZAnON r-ORM Name: Sal-tot-Ef'- R r PMBer-t-l LA- C-' Sr titc 2'I(oo7 - Address; 3Q'lZ-?Z ?1U?iT3op.,ubH P2,4LE1414 Phone: 2 Project None/ DesmPu0n: The Peninsula Date: P?« t4, 2ob4 The Department of the Army U.S. Army Corps of Engineers, Wft'dngtw thisUX1 P.O. Box 1890 WffiningtM NC 28402 attn_ Mr. Todd Tell ?- Field Offioe: Raleigh Re: Wetlands Related Consulting a3nd.Perm Wit To Whom It May Concern L the cu veint RMP-e t]t: owmer, heMbY designate and aatfll6n2e Soil & Bnvwm=wntal Consultants, PA to act in ray behalf as my agent in the processing of permit applkatioms, to furnish Upon request, supglernental information in support of applications, etc- from this day forward. The l'r _ day of This notification supersedes any previous correspondence concerning the agent for this project. NornCB: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompauied by S &EC staff- You should call S&EC to arrange a aite meeting prior to visiting the site- 50oj JW G.? Am e- ly , « C- r:2 15 . 01161 , .49,607. Print Property Owner's Name icy. ?`?•???'? ?«.-? Property Owner's Signature cc: Mr. John Domey NCDENR - DWQ 2321 Crabtree Boulevard Raleigh, NC 27604 Soil ac Enviro3tmmul Consul tants, PA CharlnttG ?}ISCC: SQ?"sboio AFhce: 3817-F. Lawnualc IDrivc RiaBorv OICit>t 622 Coos Mnantsia L we z3G LePAiI>sP Court. Saito C O%M KC 27455 Gteaubwv Taylonviuc. Nc 28681 Coatcord NC 2 , Pima: (336) 540.823d 2 patine (821) 635-5 Rave: (744) 720-9405 Fax: (704) 720-9406 Fug: (3.14) Soo-8235 0 820 Far: (Btt) 635-59 cc: Mr. Sean Clark All Blanks To Be F111ed In By The CMCd Landowner 7 - l i Project No. Figure 1 - USGS Ma 1089 P Project Mgr.: The Peninsula Sc Chatham County, NC Scale: 1" = 2,000' 02/16/05 Green Level Quadrangle Cl r Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 ° (919) 846-9467 Web Page: www.SandEC.com 3fg r ? j ` ? t 53?U `"r ? g?'?? 1 '1 F ? S32B f? ¢ F . s Vr F _ ?f, p 5, 3128 532 y? 6 Sf - / 4 53 t'•2C Ski y'si` C c "53L x` k d C32.G. r` ?ry? n c - m 1S. 4jQt `530,C "3zc 51Lc y t lllv- 53y82 - ;tj r 536?J rp <a 4tiY+ < a z 530 5 S32D? - ? 53?-' b C '?` r` k? ? 4V z, S 73?Y3 ?? ' ! > 32C2 =$ SSI? ??z° 'assz S ?4 532C ? y G 5?Z L,3:-, • ale sa.. sl S }l? 34 07- 53 rl\ 1089 Project No. Figure 2 - Soil Survey Map The Peninsula Soil & Environmental Consultants, PA Project Mgr.: Sandler at Amberl 11010 Raven Ridge Rd.- Raleigh, NC 27614 SC Y, LLC (919) 846-5900 ¦ (919) 846-9467 Chatham County, NC Web Page: www.SandEC.com Scale: 1" = 2,000' 02/28/05 Chatham County Soil Survey Sheets J-1, J-2, K-1 & K-2 CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cory, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.chashsells.com The Peninsula Cary, NC GS Carolina 3412 1/2 Hillsborough St. Raleigh, NC 27607 PROJECT 0443001 DATE. 01-18-05 DRAWN BY: JWE I CHECKED BY: DS TPPLE SCALE 1"=500' WETLAND WACfS SHEEP CHANNEL IMPACT AREA (NWP12)20 LF H CHANNEL IMPACT AREA # ,(NWP12)22 LF ; [Q CHAS H. SEUS, INC ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THLS DOCUMENT WITHOUT PRIOR PERhBSSION )M CM CHAS. H. SELLS, INC. . • , II . The Peninsula 15300 Weston Parkway Suite 106 Cary, NC Cary, NC 27513 GS Carolina Tel: 919-678-0035 3412 1/2 Hillsborough St. Fax: 919-678-0206 Raleigh. NC 27607 www.choshsells.com l tt tp'iQ INC., IS EXPRESSLY PROHIBITED. PROJECr#:04-4300 DATE: 01-IM DRAWN BY: ME CHECKED BY: DS TTPLE SCALE 1"=50' WETLAND IMPACTS SHEET 2 CHAS. H. SELLS, INC. 15300 Weston Porkway Suite 106 Cory, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.choshsells.com , The Peninsula Cary, NC GS Carolina 3412 1/2 Hillsborough St. Raleigh, NC 27607 PROJECT ik. 04-43001 DATE: 01-18-05 DRAWN BY: ME I CHECKED BY: TITLE SCALE 1"=50' WETLAND IMPACTS SHEET 3 CHAS. H. SELLS, INC. IN I.F. • ... . 15300 Weston Parkway Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fax: 919-678-0206 www.chashsells.com The Peninsula Cary, NC GS Carolina 3412 1/2 Hillsborough St. Raleigh, NC 27607 PROIECPA:044! DATE. 01.1"5 DRAWN BY: )WE CHECKED BY: I TITLE SCALE 1"=50' WETLAND IMPACTS SHEET 4 EX R CT;'PER J XIS-VG PERMIT lb 91 WETLAND IMPACT AREA #7 (NWP12) 893 SF r ` fCHOUTPRIORPERMISSION OR OTTIFR USE OP7NIS DOCUMENT W © CHAS H SELIS.INC. ALL RIGHTS ARC MZKI ? ti, • • - CHAS. H. SELLS, INC. Ion ?•. 15300 Weston Parkway Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fax: 919-678-0206 www.chashsells.com The Peninsula Cary, NC GS Carolina 3412 IR Hillsborough St. Raleigh, NC 27607 IL SELLS. INC. IS EXPRESSLY PROHmn'ED. PROIECf t 04-4 DATE OW "S DRAWNBY: 3WE CFIECY"BY: DS TITLE SCALE 1"=50' WETLAND IMPACTS SHEET 5 CHAS. H. SELLS, INC. Photogrammetrists' Z(v Consulting Engineers, Surveyors 15300 Weston Parkway Suite 106 Cory, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.chashsells.com The Peninsula Cary, NC GS Carolina 3412 IR Hillsborough St. Raleigh, NC 27607 PROJECT h. 044300 DATE: 01-18-05 DRAWN BY: WE I CHECKED BY:: TITLE SCALE V=50' WETLAND IMPACTS SHEET 6 CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cory, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.choshsells.com The Peninsula Cary, NC GS Carolina 34121/2 Hillsborough St. Raleigh, NC 27607 PROIECf ff: 04-430C DATE: 01-18-05 DRAWN BY: )WE CHECKED BY: DS TPPLE SCALE 1"=50' WETLAND IMPACTS SHEET 7 Impact Area Impact (Distance to) Permit Impact Type Area/Len th Stream Feature T e #1 Sanitary Sewer Crossing 20 LF UT to Panther Intermittent (NWP 12) (Temporary) Creek #2 Sanitary Sewer Crossing 22 LF UT to Panther Intermittent (NWP 12) (Temporary) Creek #3 Roadway Fill & Culvert 130 LF UT to Panther Intermittent (NWP 39) (Permanent) Creek #4 Roadway Fill & Culvert 0.03 acres 0 LF Riparian Wetland (NWP 39) (Permanent) #4 Roadway Fill & Culvert 108 LF UT to Panther Intermittent (NWP 39) (Permanent) Creek #5 Roadway Fill & Lot Grading 131 LF + 85 LF UT to Panther Intermittent (NWP 39) (Permanent) Creek 05A Sanitary Sewer Crossing 20 LF UT to Panther Intermittent (NWP 12) (Temporary) Creek #6 Roadway Fill & Culvert 179 LF UT to Panther Perennial (NWP 39) (Permanent) Creek # 7 Sanitary Sewer Crossing 0.02 acres 0 LF Headwater Forested Wetland 12) (NW (Temporary) #8 Sewer line Crossing 20 LF UT to Panther Intermittent WP 12) (N (Temporary) Creek #9 Roadway Fill & Culvert 0.06 acres 0 LF Riparian Wetland (NWP 39) (Permanent) #9 Roadway Fill & UT to Panther Intermittent (NWP 39) Avert 79 LF Creek (Permanent) CHAS H. SELLS, INC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUC ION OR OTHER USE OFTHIS DOCl1MENT WITHOUT PRIOR PERMISSION FROM CHAS H. SELLS. INC., IS EXPRESSLY PROHIBITED. CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.chashsells.com The Peninsula Cary, NC GS Carolina 3412 1/2 Hillsborough St. Raleigh, NC 27607 PROJECT- 044300 DATE: 01-1&05 DRAWN BY: JWE CHECKED BY: DS TITTLE SCALE 1"=50' WETLAND IMPACTS SUMMARY TABLE SHEET 8 I 1'(?; ?' '?Z4 0 in Z EW to w U O r z 0) aWv)W N MWW 07 m a=U T- 0 r-- aWW > IOWA cvmU Q Q N- r (y) ? Q Q CHAS H. SELLS, INC ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR PERMISSION FROM CHAS H. e-34 CHAS. H. SELLS, INC. .: The Peninsula 15300 Weston Parkway Suite 106 Cary, NC Cary, NC 27513 Tel: 919-678-0035 GS Carolina G Fax: 919-678-0206 3412 1 Hillsborough St. rough www.chashsells.com Raleigh, NC 27607 G) N rn a7 INC, IS EXPRESSLY PROHIBITED. PROJECT#.04-430C DATE:01-I&05 DRAWN BY: 3WE CHECKED BY: DS TITLE SCALE I"=60' WETLAND IMPACTS SHEET 9 08-01-'05 09:21 FROM-DENR-EEP Sean Clark Soil 8r. Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 28614 Project: Peninsula County: Chatham T-894 P02 February 24, 2005 U-781 The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for stream impacts associated with the above referenced project. Please note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. Uwe have not received a copy of the issued 404 Permit/4ol Certification within this time frame, this acceptance will expire, It is the applicant's responsibility to send copies of the 404/401 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification'an invoice will be issued, Based on the information supplied by you on the in lieu fee request form dated February 22, 2005, the stream mitigation that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NC EPP will accept for this project is also indicated in this table, Stream Riparian Wetlands 179 Maximum 358 The stream mitigation will be provided as specified in the 401 Water Quality Certification and//or Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03030002 of the Cape Fear River Basin. ... Pro" Ou.Y Stag 9197152219 E M S??1Yl. .?? PROGRAM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net 4 r UL/Jzi y 11'0 X73991" ':053 L003001:p86 L 2486491'' 05 0,39 3 10 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com March 1, 2005 S&EC Project #: 1089 NCDENR-DWQ Attn: Ms. Cindy Karoly / Ms. Debbie Edwards 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 US Army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 RE: Request for NWP 12 & 39 and 401-Certification The Peninsula Cary, Chatham County, North Carolina Dear Ms. Karoly, Ms. Edwards, and Mr. Tugwell: ® ? a ° MAR 1 2005 DENR - WAFER QUALITY WETLANDS AND STORMNIAI ER BRANC4 On behalf of Sandler at Amberly, LLC (current property owner), we hereby request authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permits 12 and 39 to cover impacts to wetlands and streams resulting from the proposed project. We also request written concurrence from the North Carolina Division of Water Quality (DWQ) that the project complies with the associated water quality certification for proposed impacts. A Pre-construction Notification Application (PCN) is attached, which includes an agent, authorization form. Location The proposed project site is located North of New Hope Church Road (SR 1733) and west of Yates Store Road (SR 1734), in Cary, NC. The site is in the Cape Fear River Basin. Please see the attached USGS site vicinity map. Project History Soil & Environmental Consultants, PA conducted a detailed wetland delineation of the project site. Ms. Amanda Jones, of the USACE, provided a Jurisdictional Determination for the jurisdictional features on the property on January 22, 2002 (AID 200220442). The Town of Cary Riparian Buffers were confirmed by Mr. Matt Flynn in October and November 2001 (TCRB 01- 008). More recently, a site meeting was held with Mr. Don Sever of Chas H. Sells and Mr. Eric Kulz of the NC-DWQ in order to make perennial calls on the site. The intermittent/perennial determinations are labeled on the attached impact maps. A preapplication meeting was held with S&EC, Chas H. Sells, and the USACE (Todd Tugwell), which resulted in the relocation of a road and the subsequent avoidance of a wetland area (upstream of proposed impact 2). Impact Justification The overall street layouts for the development minimize crossings as much as possible. Lots have been positioned in such a manner so as to have drainages (i.e. wetlands and channels etc.) along Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 a ???ndq MAR 1 2005 ...- At 1AI ITY . , c?...d... ,-.. aNrH Office Use Only: %-WOSANUbl` fw"n' Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to ttus protect, please enter °Not Appucame or _1141A-.) 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 12 and 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Sandler at Amberly, LLC Mailing Address: Attn: Mr. Bob Jones 3412 %i Hillsborough Street Raleigh NC 27607 Telephone Number: 919-832-9998 Fax Number: 919-832-9896 E-mail Address: 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: S&EC PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: 919-846-5900 Fax Number: 919-846-9467 E-mail Address: sclark sandec com Page 1 of 9 10. Describe the overall project in-detail, including the type of equipment to be used: The project consists of grading and construction of homes, lots, and roads and infrastructure typical for a single-family residential development. Heavy equipment will be used for the construction of the project 11. Explain the purpose of the proposed work: The purpose of the project is to provide housing for the growing CM 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. Soil & Environmental Consultants PA conducted a detailed wetland delineation of the project site Ms Amanda Jones of the USACE provided a Jurisdictional Determination for the jurisdictional features on the property on January 22, 2002 (AID 200220442). The Town of Carte Riparian Buffers were confirmed by Mr. Matt Flynn in October and November 2001 (TCRB 01-008). More recently a site meeting was held with Mr. Don Sever of Chas H. Sells and Mr. Eric Kulz of the NC-DWQ in order to make perennial calls on the site. The intermittent/perennial determinations are labeled on the attached impact maps. A preapplication meeting was held with S&EC, Chas H Sells and the USACE (Todd Tugwell), which resulted in the relocation of a road and the subsequent avoidance of a wetland area (upstream of proposed impact 2) 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. There are no anticipated future permit requests anticipated for the Peninsula project at this time. 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 Page 3 of 9 Roadway Fill & #4 Culvert 108 UT to Panther Creek +/- 2' Intermittent (NWP 39) (Permanent) Roadway Fill & #5 Lot Grading 131 + 85 UT to Panther Creek +/- 3' Intermittent (NWP 39) (Permanent) Sanitary Sewer #5A Crossing 20 UT to Panther Creek +/- 2' Intermittent (NWP 12) (Temporary) Roadway Fill & #6 Culvert 179 UT to Panther Creek +1-51 Perennial (NWP 39) (Permanent) Sewer line #8 Crossing 20 UT to Panther Creek +1-51 Intermittent (NWP 12) (Temporary) Roadway Fill & #9 Culvert 79 UT to Panther Creek +/- 2' Intermittent (NWP 39) (Permanent) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-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.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapauest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 179 LF of perennial stream and 635 LF of intermittent stream 794 LF of total channel impacts. 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 map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: nn, excavation, dreugmg, 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.): Page 5 of 9 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/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Permanent impacts to perennial stream channels total 179 linear feet. Payment to the NC- EEP is proposed to satisfy the stream mitigation requirements for the project. A copy of EEP's acceptance letter is attached No wetland mitigation is proposed because permanent impacts are less than 1/ 10 acre 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.htnL 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): 179 * 2 = 358 Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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)? Page 7 of 9 The total impervious area proposed for the development is 28% (i.e. less than 30%) therefore a stormwater management plan has not been submitted for DWO approval. Stormwater facilities are being required by the Town of Cary All storm water runoff has been diverted into wetnonds or pocket wetlands to protect surface waters downstream. 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. The project will tie into the Town of Cary's sanitary sewer system. 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 i i AU`- "?-- IIIAY?f,? N 7?, 5 s \ 3. Project No. Figure 1 - USGS Ma p 1089 Project Mgr.: The Peninsula SC Chatham County, NC Scale: 1" = 2,000' 02/16/06 Green Level Quadrangle Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 - (919) 8469467 Web Page: www.SandEC.com n ' PAL v ?•. 16G t Sgt t a ,, s3$ 3u ?' ?:i , 31k 1 : _ , 4 ? ? " !i ?f.D ?? 'h ?'.4 ? Lf"?,j 6'J /„`1 Y? ?1 ? ,l •' a qt' x 3 lA;" u4?<'t?? ,?O 534 5?2? _ 'r- 312 g h< ,QV _ ?i b, 53 1 4 531- ?. a s36 ti a? ??? 5? 12 ? ?-1 -53r ??bc ?u ?Il r?4 i m A 0? ss c a C ..,? 5 9 ) k ?We 4 5?,1 53G8. J ?,, ' Sk`?' .?4F 4 53Z "C, -St:... •r ? S`3S`13 f tf'-' ?` ? ,? C,..j 2 Sib s j32D 5• 9 % 53 .?'3 oL' , . ?61f a? fi ` i a y }4' -,+ N 3C -, ,. ,53?'?". S3ZE fri Cp',' ?b'?32. "?t'..59Z(3 k71 ? . ? t > ? ,3'y ?Sg2 ?g?, cz ,gip `? x 5 t .r ?' B S; ??? 53 64 5320 ,Cp 532 T ) 41. ` r ?V,( s fj J IY ,1lC S3yI».4 ?, 1 `J ssG P? r , Si? 5+ O r 7 , j' d Div - 1089 Project No. Figure 2 - Soil Survey Map The Peninsula Soil & Environmental Consultants, PA Project Mgr.: Sandler at Amberl 11010 Raven Ridge Rd.- Raleigh, NC 27614 SC Y, LLC (919) 846-5900 - (919) 846-9467 Chatham County, NC Web Page: www.SandEC.com Scale: V = 2,000' 02/28/05 Chatham County Soil Survey Sheets J-1, J-2, K-1 & K-2 nmental Consultants, FA ?_.. r... »R:a Plena: (919) 846-5941 - Fax: (919) 646-9467 AMMORMNMN FORM Name: SAt4X,6'- RT RMgGr-t-`( (-1-G Address: 3 Q' l2t?i ?} 1 uht3o po uG H `?T ,? let} irE! GN hI c 'L7(oo7 Phone: Project Namefbesodpdow. The Peninsula Date: P>Ltt, t4, 200¢ The Department of the Army U.S. Army Coxes of F-DgEkwers, Wdatiagtom Uisu' cd P.O. Box 1590 Wffinington, NC 28402 Attn: Mr. Todd Tuwell Field Offict': Raleigh Re: Wetlands Related Consulting and Permitting To whom it May Concern: 1, the cur Mt DMp? owner, hesebY designate M4 auStorize Soil 6r Pnviro =total Conswt"S. PA to act in my behalf as my agent m the processing of permit appli ratiozu, to furnish upon request information in support of applications, etc, from this day forward. The day of ?t2tCs 200 This notification supersedes any previous correspondence conceming the agent for this project. NOMCE This anthoiixation, for liability and professional courtesy reasoas, is valid only £az government o£ficialc to enter the property when xwompaMed by S &EC SUM You should call9"C to arrange a site meeting prior to visiting the site. 60"'1 /,w a4 A" Le, c. is . DL6? , -46607- Print Property Ownees Name ca Mr. john Donny NCDENR - DWQ 2321 Crabtree Boulevard Property Owner's Signature cc: Mr. Sean Qark Soil & Envirojnmental Consultant, PA Raleigh, NC 27604 O 0 O : ro OK I?iQIcoN O(t•1?" Chkvj Ue Qffim, 236 Lt:Pbigip Cmn. Spite C 3-M A - 3817-A Lawadwle Vaive 7455 622 CO(M Maanttin Lane TaylonviUt:. NC 28681 CoRO" NC 28025 Greembow, KC 2 Plane: (336) 540-gMd ftat w (820 635-9820 Phwe: (709) 720-9405 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (821) 635-5820 All Blanks To Be Filled In By The Ct.rren Landowner CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fax: 919-678-0206 www.choshsells.com The Peninsula Cary, NC GS Carolina 3412 112 Hillsborough St. Raleigh, NC 27607 PROJECT: = DATE: 01-18-05 DRAWN BY: JWE CHECKED BY: TITLE SCALE 1"=500' WETLAND IMPACTS SHEET 1?7? V'? w: CHANNEL IMPACT AREA (NWP12)20 LF CHANNEL IMPACT AREA (NWP12)22 LF CHAS IL SELLS, INC. ALL RIGHTS ARE RESERVED. CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cory, NC 27513 Tel: 919-678-0035 Fax: 919-678-0206 www.chashsells.com OF THIS DOCUMENT WITHOUT PRIOR The Peninsula Cary, NC GS Carolina 3412 IR Hillsborough St. Raleigh. NC 27607 IL SELLS, INC., IS EXPRESSLY PROIHBTTED, PROJECT C 04-470 0 DATE: 01-18-05 DRAWN BY: IWE CHECKED BY: DS TITLE SCALE 1"=50' WETLAND IMPACTS SHEET 2 CHAS. H. SELLS, INC. • • i • • •• 15300 Weston Porkwoy Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.chashsells.com The Peninsula Cary, TIC GS Carolina 3412 1/2 Hillsborough St. Raleigh, NC 27607 PROJECT N: 04-43001 DATE: 01-18-05 DRAWN BY: JWE I CHECKED BY: DS TITLE SCALE 1"=50' WETLAND IMPACTS SHEET 3 CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fax: 919-678-0206 www.chashsells.com The Peninsula Cary, NC GS Carolina 3412 1/2 Hillsborough SG Raleigh, NC 27607 PROJECr#'. 4-4300 DA7E.01-IMS DRAWN BY: ME CHECKED BY: DS TITLE SCALE I"=50' WETLAND IMPACTS SHEET 4 EX Ih CT, PER --J rms G PERMIT 0' WETLAND IMPACT AREA #7 (NWP12) 893 SF X MH#I- s r -, ! ; { ©S SEl1S BW ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCITON OR OTHER USE OFTHIS DOCUMENT Wr CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fax: 919-678-0206 www.chashsells.corn The Peninsula Cary, NC GS Carolina 3412 112 Hillsborough St. Raleigh, NC 27607 H. SELLS, INC., IS EXPRESSLY PROHIBM- PROIEcr 04 4 DATE. 01-IW na-AWN BY:IWE CHECKED BY: DS TITLE SCALE 1"=50' WETLAND IMPACTS SHEET 5 CHAS. H. SELLS, INC. 15300 Weston Porkway Suite 106 Cary, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.chashsells.com The Peninsula Cary, NC GS Carolina 3412 iR Hillsborough St. Raleigh, NC 27607 PROJECT N: 04 4300 DATE: 01-1"5 DRAWN BY: ME CHECKED BY. DS TITLE SCALE 1"=50' WETLAND IMPACTS SHEET 6 CHAS. H. SELLS, INC. 15300 Weston Porkwoy Suite 106 Cory, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.choshsells.com The Peninsula Cary, NC GS Carolina 34121/2Hillsborough St. Raleigh, NC 27607 PROJECF#: u4-430 VAM ui-Taro DRAWN BY: JWE CHECKED BY: DS TITLE SCALE 1"=50' WETLAND IMPACTS SHEET 7 Impact Area Impact (Distance to) .D....- .4 411 lr--.-+ T...-n Awaaff .anarh fitream Feature Tvpe 1 Gl alll. W 1la N... a .. 1 - - --.. --- - -- - ----- #1 Sanitary Sewer Crossing 20 LF UT to Panther Intermittent (NWP 12) (Temporary) Creek #2 Sanitary Sewer Crossing 22 LF UT to Panther Intermittent (NWP 12) (Temporary) Creek #3 Roadway Fill & Avert 130 LF UT to Panther Intermittent (NWP 39) (Permanent) Creek Roadway Fill & #4 Culvert 0.03 acres 0 LF Riparian Wetland (NWP 39) Permanent #4 Roadway Fill & Culvert 108 LF UT to Panther Intermittent (NWP 39) (Permanent) Creek #5 Roadway Fill & Lot Grading 131 LF + 85 LF UT to Panther Intermittent (NWP 39) (Permanent) Creek 05A Sanitary Sewer Crossing 20 LF UT to Panther Intermittent (NWP 12) (Temporary) Creek #6 Roadway Fill & Avert 179 LF UT to Panther Perennial (NWP 39) (Permanent) Creek #7 Sanitary Sewer Crossing 0.02 acres 0 LF Headwater Forested Wetland (NW12) Tem o ) #8 Sewer line Crossing 20 LF UT to Panther Intermittent (NWP 12) (Temporary) Creek Roadway Fill & #9 Culvert 0.06 acres 0 LF Riparian Wetland (NWP 39) (Permanent) #9 Roadway Fill & Culvert 79 LF UT to Panther Intermittent (NWP 39) (Permanent) Creek CHAS H. SELLS, INC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR PERMISSION FROM CHAS H. INC., IS EXPRESSLY PROHIBITED. CHAS. H. SELLS, INC. 15300 Weston Parkway Suite 106 Cory, NC 27513 Tel: 919-678-0035 Fox: 919-678-0206 www.chcishsells.com The Peninsula Cary, NC GS Carolina 3412 1/2 Hillsborough St. Raleigh, NC 27607 PROJECT8:04.4300 DATE: 01-18-05 DRAWN BY: 1WE CHECKED BY. DS TTTLE SCALE 1"=5W WETLAND IMPACTS SUMMARY TABLE SHEET 8 0 0 LO z 0) W ^ ' ozw Q{WJ?W 4 V MJWW? OOm?U o /Z j ¢Ww to f r > rn U Nm % o ' o V T- --` M Q CHAS H. SELLS, INC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHEItUSE OFTHIS DOCUMENT WITHOUT PRIOR PERMISSION FROM CHAS CHAS. H. SELLS, INC. .: .... The Peninsula 15300 Weston Parkway Suite 106 Cary, NC Cary, NC 27513 Tel: 919-678-0035 GS Carolina Fox: 919-678-0206 3412 1R Hillsborough St. www.choshsells.com Raleigh. NC 27607 VJ N 47 INC., IS EXPRESSLY PROHIBITED. PROJECT#:04-430C DATE-. 01-I8-05 DRAWN BY: JWE CHECKED BY: DS TITLE SCALE 1"=W WETLAND IMPACTS SHEET 9 02-01-'05 09:21 FROM-DENS-EEP Sean Clark Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 28614 Project: Peninsula County: Chatham T-894 P02 February 24, 2005 U-781 The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for stream impacts associated with the above referenced project. Please note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. It we have not received a copy of the issued 404 Permit/4ft Certification within this time frame, this acceptance will expire, It is the applicant's responsibility to send copies of the 404/401 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued. Based on the information supplied by you on the in lieu fee request form dated February 22, 2005, the stream mitigation that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NC EEP will accept for this project is also indicated in this table. Stream I Riparian Wetlands Non-Riparian Wetlands t acts 179 itigation Maximum 358 The stream mitigation will be provided as specified in the 401 Water Quality Certification and//or Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03030002 of the Cape Fear River Basin. to?u-t?... ... Pro" 0W -,ta& 9197152219 T"I o stem PROGRAM Afflj?"'F North Carolina Ecosystem Enhancement Program, 11652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net SOIL & ENVIRONMENTAL CONSULTANTS, PA 11010 RAVEN RIDGE ROAD RALEIGH, NC 27614 (919) 846-5900 FAX: (919) 846-9467 U -L r OZ 71-7 FIRST-CITIZENS-BANK AND TRUST COMPANY 017399 Raleigh, NC 27609 66-30/531 CHECK NO. PAY] THE ORDER `? v F 0AP 11301739911' 1:0 5 3 100 30011:086 1 2486491!' • 05/20/2005 07:11 FAY 3 DWQ DORNEY [0001 Soil & Environmental Consultants, PA I IMP ,l\ilS G•L1 Hidpo (load 0 Raleigh, Nlwth C'arolim, W7C14 • Phone: t'lNI M0-5w o - Rtv 1414) S46-4467 ?s«?tc.tialt?f iC?'arn FACSIMILE SHEET FAX NO (919) 846--9467 00'1'1 • -5 ?._ Project Number: 109K.we TO; NAME: u??dSre?s CC. COMPAN'Y': FAX NUMBER: FROM: N CAV- k _ SUBJECT- 7?& &; ei S&A P C i) - The following items are being fared. Number of pages includirl.g transmittal sheet: For Your Connnc:rits/Apprt val For Your Information ? C Per Uur Conversation Per Your Request. Please Advise Please Call Would Like To Discuss Please Handle HARD COPY SENT: US Regular Mail Hand Delivery Overnigbt C No Hard Copy Sent REMARKS: DLL-Aco -rV If YOU HAVE ANY PROBLEM > WITH THIS TRANSMISSION, PLEASE CONTACT AT (919) 84,6-5900. "CONFIDENTIALITY NOTICE* This transmission is intended only for the use of the individual or entity to which it is addressed anal may contain information that is privileged and contidential. If the reader ofth•s message is riot the intended recipient, you are hereby notified that any disclosure, distribotinn or copying of this iaRrt•rnatiun is : reictiy prohibited. If YOU Itave rccciWd this transmission in error, please notitj us immediately by telephone and retun n the !axre dacurnenw to tits at the above addre.:s via the Vnittd States Postal Service, •??rw..?,.w?ir ire i t?tli l oll ( 1 w itrn nww? _ lid v•nch+r+?11li:r: ; r. );te - I_rl'ililhtl t.,1urt..',Uil.? C +til" I`i L:n•.lid;il,:,l?ri+'v t',ritrw'.I, NC' 2Ni12? i1r,:rrt'.k, NC _7455 hIt•?Ila:: I'011 -'20 401 Frig in.•. l?7 .hr?-h.1_?';d MAY-20-2005 FRI 05:42 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 05/20/2005 07:15 FAX i DWO DORNEY 10002 I % #4 Roadway Fill & Qilvert 108 UT to Panther Creek +/- 2' Intermittent (NWP 39) (Permanent) Roadway Fill & 45 Lot Grading 131-85 UT to Panther Creek +/-3, Intermittent (NWP 39) (Permanent) 45A Sanitary Sewer ' Crossing; 20 UT to Panther Creels i /- 2 Intermittent (NWP .12) (Temporary) Roadway Fill & #6 Culvert 179 UT to Panther Creek +/- 5' Perennial (N WP 39) (Permanent) #8 Sewer line Crossing 20 UT to Panther Creek +/_51 Intermittent (NWP 12) (Temporary) #9 Roadway Fill & ' Culvert 79 UT to Panther Creek +/- 2 Intermittent (NvA'P 39) (Permanent) * List each impact separately and identify temporary impacts, Impacts include, bur 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 altar, and nct toss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, ctc, If stream relocation is proposed, plans and profiles showing thn ]vicar footprint for both the original and relocated dreams must be included- ** Strcam names can be found on USGS topographic snaps, if a stream has no name, list as UT (unnamed tributary) it) the nwrest downstream narnW strcarn into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www,usgs.gov. Several internet sites also allow direct download and printing of USGS magi (e,g„ www.topozone.com, www.maoaucst.canI etc.). Cumulative impacts (linear distance in feet) to all streams on site: 179 LI~ of perennial stream and 615 LF of intermittent stream- 794 LF of total channel impacts. 4. Individually list all oper water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other wat m 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.) NA NA NA NA NA * 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 portd should be described here and ilhistrated 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-, dun/embankment.. excavation, installation of draw down valve or spillway, etc.): Page 5 of9 MAY-20-2005 FRI 05:42 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 7 So:l &?Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com March 22, 2005 S&EC Project # 1089 DWQ Project #05-0393 NCDWQ NCDWQ Ms. Cyndi Karoly Mr. Eric Kulz 2321 Crabtree Blvd: 3800 Barrett Dr. Suite 250 Suite 101 Raleigh, NC 27607 Raleigh, NC27609 RE: The Peninsula Cary, North Carolina Dear Ms. Karoly and Mr. Kulz, We are writing in response to your request for more information dated March 11, 2005. As previously determined by Mr. Todd Tugwell of the US Army Corps of Engineers The Peninsula is not part of the overall Amberly project due to independent utility etc. Therefore the past impacts resulting from Amberly are not considered cumulative impacts towards The Peninsula and no wetland mitigation is necessary. Sincerely, Chris Flowers D J/;Zk Wetland Scientist ?S Attachment: Mq a. DWQ Request for More Information (DWQ # 05-0393) -i-5 f i Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Mar 18 05 05:35p CHRS H SELLS INC 9196780206 Mar 18 05 04:18p Bob Jones 919-832-9896 p.2 ?OF WATFRQ mrahad F. t asley.co- ,`Ct G William G. Ross Jr.. S-thy r North CaooGna Department of Ewvi: ounoeot and Napual Resomca CO Un 4 .I Alan W. Klimek. P.E. Dk-Wr Dirisioa o(WaarQuafity March 11, zoos DWQ Project # 05-0393 Chatham County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Sandler at Ambcrly, LL.C Attn: Mr. Bob Jones 3412 tfs Hillsborough Street Raleigh, NC 27607 Subject Property: The Peniasda, Cary, NC UT Panther Creek REQUEST FOR MORE INFORMATION Dear Mr. Jones: On March 1. 2005. the Division of Water Quality (DWQ) received your application dated March 1, 2005 to impact 0.11 acres of wetlands and 794 feet of streams to construct the proposed housing development The DWQ has detain 9ned that your app"ou 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 inc*mplet c until we receive this additional information. Please provide fire following information so that we may continue to review your project. Additional Infonmttion Requested: 1. if this project is part of the overall Amberly project, then one acre of wetland fill for tht entire project has been permitted over the years. In that case, compensatory wetland mitigation would be required for the 0.09 acres of fill. Please respond within three weeks of the date of this letter by sending this information to me in writing and Eric Kulz or Mike 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 projea 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 tithe) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Donney at 919-733-1786 if you have any questions regarding or would like to set up a mooting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Ovt rsight/Bxpress Review Permits Unit CBK/bs p.2 401 Ovb*hV -V= Review Fem*s Unit TO- 160 o?'na M d S W8 Qk*r, Raleigh. Mfr Cw dm 27199-1650 JVI/ltl!!!![lf 2321 Cmbk- Boulevard, Su 250. Raleigh, NoM Carolina ZM4 Mono. 919-733-17891 FAX t119.73346931 htemet tft:1JMo enr state nc usMcwetlands Mar 18 05 05:35p CHAS H SELLS INC 9196780206 Mar 18 05 04:18p Bob Jones 919-832-9896 p.3 Page 2 of 2 March 11, 2005 cc: Eric Kulz or Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File copy Central Files Sean Clark, Sod and Envirotunental Consultant, 11010 Rave Ridge Road, Raleigh, NC 27614 p.3 Fllmum 05.0393 -The Pa&mWa for SSmAw (Onft=) On Bold 0? W ATF9 Michael F. Easley, Governor Q William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources _71 O .? Alan W. Klimek, P.E. Director Division of Water Quality March 11, 2005 DWQ Project # 05-0393 Chatham County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Sandler at Amberly, LLC Attn: Mr. Bob Jones 3412 Y2 Hillsborough Street Raleigh, NC 27607 Subject Property: The Peninsula, Cary, NC UT Panther Creek REQUEST FOR MORE INFORMATION Dear Mr. Jones: On March 1, 2005, the Division of Water,Quality (DWQ) received your application dated March 1, 2005 to impact 0.11 acres of wetlands and.794 feet of streams to construct the proposed housing development. 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: If this project is part of the overall Amberly project, then one acre of wetland fill for the entire project has been permitted over the years. In that case, compensatory wetland mitigation would be required for the 0.09 acres of fill. Please respond within three weeks of the date of this letter by sending this information to me in writing and Eric Kulz or Mike 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. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, 4?r Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBK/bs 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 N Carolina ose Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper fJ 0` U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 200220442 200520316 J1.L14X a -CA i ©? County: Chatham GENERAL PERMIT (REGIONAL AND NATIONWIDE) VE Property Owner: Sandler at Amberly, LLC Attn: Bob Jones DES 2 9 2005 Mailing Address: 34121/2 Hillsborough Street Raleigh, North Carolina 27607 Telephone No.: ('"NJ=AT RfMiA" Authorized Agent: Soil & Environmental Consultants, Inc. Attn: Sean Clark Mailing Address: 11010 Raven Ridge Road Raleigh, North Carolina 27614 Telephone No.: (919) 846-5900 Location of property (road name/number, town, etc.): The project (The Peninsula) is located north of New Hope Church Road, and west of Yates Store Road, in Cary, Chatham County, North Carolina. Site Coordinates: 35.8210 °N 78.9248 °W USGS Quad: Green Level Waterway: Panther Creek River Basin: Cape Fear HUC: 03030002 Description of projects area and'activity (see page 2 for a summary of authorized impacts): Activities associated with the proposed project include'mechanized land clearing, excavation, the installation of culverts and sewerlines, and the placement of backfdl and riprap stabilization, necessary for the construction of roads and utilities. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 12 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modif ied, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no. longer comply with the terms.and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. . Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Todd Tugwell at telephone (919) 876-8441, ext 26. Corps Regulatory Official Date: 12/22/2005 Verification Expiration Date: 03/18/2007 Copy Furnished: Cyndi Karoly, NCDW,1650 Mail Service Center, Raleigh, NC 27699-1650 Page 1` of 2 -r Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Z The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the jurisdictional determination issued on 01/22/2002 (Action ID: 200220442). Basis of Jurisdictional Determination: The project site contains an unnamed tributary to Panther Creek, and adjacent wetlands, which flow into the Cape Fear River, a navable watprway. Corps Regulatory Official Date: 12/22/2005 Determination Expiration Date: 01/22/2007 Summarv of Ithorized Impacts and Reauired Mitigation Action ID NWP / GP Open Water ac Wetland (ac) Unim ortant Steam 1 Important Stream (If) # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 200220442 12 0 0 0.02 0 82 0 0 0 200520316 39 0 0 0 0.09 0 533 0 131 hn act Totals 0 0 0.02 0.09 82 533 0 131 Total Loss of Waters of the U.S. (ac) 0.09 Total Loss of Waters of the U.S. (lf) 712 Required Wetland Mitigation (ac), 0 Re uired Stream Mitigation lf) 0 Additional Remarks and/or Special Permit Conditions: Please note that this verification replaces the previous permit verification dated June 23, 2005. Changes to the proposed plans resulted in reduced impacts. Page 2 of 2 DWQ# 0E= 03 Plan Detail Incomplete Date h4e),5;- Who ReviewedQ. ? Please provide a location map for the project. ? Please show all 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 stormwater. management 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. ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on .the plans does not appear to be necessary. Please eliminate the or provide ad(htioiW information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? 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 ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $. This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. -Please 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. ? Please indicate which 404 Permit the USACE would use to authorize this project. ?vv 1 ? rte' l s A A p mi- r'A- o ieP c,D vr a7 X,k, ?,- g ) cam. I6? o wVVl? A - 919-7? f ff--5d" 0"?-24 4,(J ja-, ']? 0 - s C) cu cn? Q ( C ?f v ? ,64 ?e 4sS ?feq5- t4/--, D?? S & CNVIKUNMtNIAL UUMULIAN15, 1'A 0503 - 9 13, 017399 MAR I 2005 WETLAN SANDS ORMWATERBRANCH