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HomeMy WebLinkAbout20050454 Ver 1_Complete File_20050311 oWAr?9Q? r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 13, 2005 Centex Homes Attn: Bob Zumwalt 2301 Sugar Bush Road, Suite 400 Raleigh, NC 27612 Subject Property: Scott King Road Tract Northeast Creek [03-06-05,1641-1-17-(4), CA NSW] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Zumwalt: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-0454 Durham County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.30 acres of wetlands for the purpose of constructing residential roads and lots at the subject property, as described within your revised application dated May 2, 2005 and received by the N.C. Division of Water Quality (DWQ) on May 3, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Peimit(s) 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 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: Amount Approved nits Plan Location or Reference 404/CAMA Wetlands 0.30 acres 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: httg://h2o.enr.state,nc.us/ncwetlands Nom" Caro ma Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Centex Homes Page 2 of 3 May 13, 2005 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. 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, Centex Homes Page 3 of 3 May 13, 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 or Mike Horan in the DWQ Raleigh Regional Office at 919-571-4700. Sincerely, Alan W. Klimek, P.E. AWKlcbk/bs Enclosures: GC 3402 Certificate of Completion cc: Todd Preuninger, 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: 05-0454 Scott King Road Tract (Durham) 401 1Z Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com May 2, 2005 S&EC Project #9308.W1 US army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Rd. Suite 120 Raleigh, NC 27615 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Park-view Building Raleigh, NC 27604 p - GC?CO Usp RE: ' Nationwide Permit 39 and 401-Water Quality Certification Scott King Road Tract LLLNNN Durham County, North Carolina MAY 3 2005 DENR - WATER QUALITY WETLANDS AND STORMWATER BRt;SC1, Dear Mr. Tugwell and Ms. Karoly: On behalf of Centex Homes, we hereby request authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permit (NWP) 39 for proposed permanent impacts to jurisdictional wetlands resulting from the construction of a residential road and lots. Also the 401-certification (GC 3402) associated with NWT 39 is requested from the North Carolina Division of Water Quality (DWQ). A Pre-construction Notification Application (PCN) is attached, which includes an Agent Authorization Form. Site Location The site is located on Scott King Rd. (SR 1103) approximately 1.5 miles east of the intersection of Scott King Rd. and Fayetteville Rd. (SR 1118). The site is adjacent to the floodplain of Northeast Creek / B Everett Jordan Lake Reservoir. Please refer to the attached Figures 1 and 2 for the project's location on a USGS topographic quadrangle and the Chatham County Soil Survey maps, respectively. Proiect History No previous permits have been issued that pertain to this property. S&EC completed a detailed wetland delineation in January of 2004 to provide the base information required for planning the residential subdivision. Proiect Description The overall project is the development of a single-family residential subdivision. The proposed impact will result from the construction of a road and lot fill. The proposed road and lot fill is required to maximize the available lot space, and to ensure that the project is economically feasible. The proposed impacts total 0.30 acre of jurisdictional wetlands. 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 Impervious Surface/Stormwater Plans Because the final site plan for the property has not been finalized the proposed impervious surface area is not known. The site however will have large areas of open space which will ensure that the site will be below 24% impervious. Moreover, because this site is located in a water supply watershed, the City of Durham will not allow impervious surface to exceed 24%. Mitigation The impacts have been avoided and minimized to the maximum feasible extent. The original site plan called for the filling of the wetland located between lots 10 and 11 but will now be preserved as open space. The client will pay EEP to satisfy mitigation requirements. Their acceptance letter is attached. Please call or email me at Preuninur(i,sandec.com if you have any questions. Sincerely, Todd Preuninger Environmental Scientist / Biologist Attachments: 1. PCN Form 2. Agent Authorization Form 3. Figure 1 - USGS Map 4. Figure 2 - Soil Survey Map 5. Impact Maps 6. $200 Application Fee Q?6?u^PM I FILE COPY MAY - LUU3 Office Use Only: Fonn Version May 2002 DENR -WATER QUALITY WEENO- AND STpR1IWATER BRX1 USACE Action ID No. DWQ No. (If anv particular item is not applicable to this nroiect_ nlease enter "Not Annlicable" or "N/A"-) 1. Processing 401 ISSUED 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: 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: Centex Homes / Attn: Bob Zumwalt Mailing Address: 2301 Sugar Bush Rd. Suite 400 Raleigh, NC 27612 Telephone Number: (919) 760-1135 Fax Number: (919) 571-8346 E-mail Address: NA 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: Todd Preuninger Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919)846-5900 Fax Number: (919)846-9467 E-mail Address: TPreuninger@SandEC.com Page 1 of 8 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:_ Scott King Road Tract 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0727-03-22-6971 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): From 1-40 exit onto Fayetteville Street (SR 1118). Head south oast South-Point Mall and turn Left onto Scott Kin Road SR 1103) head east approximately 1.5 miles. The site in on the south (right) side of the road 5. Site coordinates, if available (UTM or Lat/Long): 035°52'25.39" N. 078°53'26.70" 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): +/- 100 7. Nearest body of water (stream/river/sound/ocean/lake): Northeast Creek 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_ The site is currently forested land with the exception of a power easement and a primitive gravel drive. The land in the vicinity is mostly forested undeveloped land. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the development of a single-family residential subdivision. The portion of the project to which this application pertains is the construction of a road as well as lot fill in jurisdictional wetlands. 11. Explain the purpose of the proposed work: The purpose of the work is to construct a road that will maximize the available lot space on the site to ensure the economic feasibility, of the project. 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. No previous permits have been issued for this project. S&EC completed a detailed wetland delineation in January of 2004 to provide the base information required for planning the residential subdivision. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No permits are anticipated 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 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 involve the filling of 0.30 acre of jurisdictional wetlands. The fill will allow for the construction of a residential road as well as portions of several lots. See the below table for a further description of the proposed impacts. Page 3 of 8 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 ma acres es/no linear feet A Fill 0.286 No 300' Headwater Forest B Fill 0.014 No 200' Headwater Forest * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.5 acres Total area of wetland impact proposed: 0.30 acre 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 ma linear feet Before Impact leasespecify) NA NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0 linear feet 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 Name of Waterbod y Type of Waterbody Site Number Type of Impact* q ; (if applicable) (lake, pond, estuary, sound, indicate on map) acres bay, ocean, etc. 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 Page 4 of 8 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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 proposed road and lot fill is required to maximize the available lot space. The proposed impacts are also required to ensure that the project is economically feasible. The impacts have been avoided and minimized to the maximum feasible extent. The original site plan called for the filling of the wetland between lots 10 and 11. In order to minimize impacts to jurisdictional waters, the client has proposed to preserve this area as open space. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. 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/stnngide.html. Page 5 of 8 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. The applicant proposes payrnent to the NCEEP. 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/wM/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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): 0.30 Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, Page 6 of 8 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 NA 3 NA 2 NA 1.5 NA Total NA NA * 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. NA, no buffer impacts are proposed. 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. The proposed impervious acreage for the proiect will be less than 24% as per the Citv of Durham Water supply regulations. 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 city of Durham's existing sewer network. Page 7 of 8 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). NA sae- !? /a/os Applicant/Agent's Signature D. (Agent's signature is valid only if an authorization letter from the applic t is Page 8 of 8 03/07/05 09:55 FAX 9195500978 Centex Homes 03/07/2005 08:54 FAX Soil & 1En mental 11010 Raven Ridge Road Raleigh. North Carolina 27614 www_SandEC.coa Name: Address: Mone: IM 002 Q002 Consultants, PA Phone: (919) 8464900 • Fax: (919) 90-9467 AGENT,&UM0=AT10N F01W l[V7 Project Name/Description: Date: 3 5 The Department of the Army U,S. Army Corps of Engineers. Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: . Field Office: - Re: Wetlands Related Consulting and Permitting VA To Whom It May Concern: 1, the current wrmr, hereby designate and authorize Solt & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. The day of MrrA.-An lb6 -Q , This notification supersedes any previous correspondence con;erring the agent for this project NOTICE: This authorization, far liabffity and professional courtesy reasons, is valid only for government officials to eater tkLe propefty when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. V/J .} Owner's Name Signature Le?'t?ct ?w+? cc: Ms. Cyndi Kazoly cc: Mr. Todd Preuninger NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Ralei NC 27604 - - ?a*lotte fficpc Greensboro ffic? Drive 236 LePhillip Court, Suite C 3817-B L, NC a 277455 55 Concord, NC 28025 Greensborro, HC Phone: (704)720.9405 Phone: (336)540-8234 8235 Fax: (704) 720.9406 1=ax: (336)540- ? N , )b : `O . 9 ; QOO ? O ? Q o n, 0 / b • o 0 0 a, 0 U7 .3 - ?- UJ/ __- 3 cr O S - - r-- rte- ?- ` _ _ _ - -?--=-? - _-_ - - - - 8ect No. ure 1- USGS Ma Fi 930 g p Soil & Environmental Consultants PA Scott King Road , Project Mgr.: Centex Homes 11010 Raven Ridge Rd.- Raleigh, NC 27614 TP (919) 846.5900 - (919) 846.9467 Durham Count NC Y W b P S dEC , e age: www. an .com Scale: 1" = 2,000' 01128/05 Southwest Durham Quadrangle Dated 1993 `?' ?! Tom.. ? Q ?s ` 1• ? .i-.: r { % I W56 t C ?h 6 4:a? a ? ?y i s'B. ?, ? * 1 .r '• '?? 1 ?A Tki-?. ??" ?'' ,,..- ?;a fil A? ?? ? r?' .?. • ,g',2 ? Y?'t-- ° ,... 'fit` r. ? _ 3. +? ? +?T ?y,??Si?.???. t? ? Sf?- ?""" +' to r .3 i {'"_rl+? ??`?".' ^ ? "L?'??` ..:? R n'? ?? k . y ? y,- J !'?? ;r ?11 mix Y ? ? ?X1r ? 't jR1 ??p ,. js fin Nl?• ? ?? i ljY?~ ? ti r 1.5 Z,?. S..' '? y„ ?. 1- -p?_• ?? ,x. mss- .t-^?a4 s.. ?l z .- "A?. T- vl - at %??'`}i• ?' i ?iya7. t ?? 5: ? *??'?."? 'iW-Z ??lc? i j ,"> v ? .????3 r? f??'?ic? ; Project No. Figure 2 Soil Survey Ma p 9308.W1 Scott King Road Soil & Environmental Consultants, PA Project Mgr.: Centex Homes 11010 Raven Ridge Rd.- Raleigh, NC 27614 TP Durham County, NC (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com Scale: V= 1 320' 01/28105 Durham County Soil Survey Issued 1971; Sheet3`I P?t 'I**- --,Ecos stem PROGRAM Todd Preuninger Soil & Environmental Consultants 11010 Raven Ridge Road Raleigh, NC 27614 Project: Scott King Road Tract County: Durham i"AR 7 2005 X16 March 15, 2005 13 og w 4 The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for riparian wetlands 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. If we have not received a copy of the issued 404 Permit/401 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 March 7, 2005, the wetlands restoration 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 (linear feet) Riparian Wetlands (acres) Riparian Buffer (ft2) Impacts 0.50 Mitigation Maximum 1.0 The riparian wetlands 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. kutovg... E ... Protect Oar -f-tag "its NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Todd Preuninger Soil & Environmental Consultants Scott King Road Tract March 15, 2005 Page 2 The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5205. Sincerely, ?. f l illiam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Todd Tugwell, USACOE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File kutorih?5 ... Ed"... Prot-" oar State e?? NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net iSSUE J Mop Environmental Consultants, PA Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467 May 2, 2005 S&EC Project #9308.W1 US army Corps of Engineers NCDENR-DWQ Attn: Mr. Todd Tugwell Attn: Ms. Cyndi Karoly 6508 Falls of the Neuse Rd. 2321 Crabtree Blvd. Suite 120 Parkview Building Raleigh, NC 27615 Raleigh, NC 2((76604 L5 ? L5 RE: ' Nationwide Permit 39 and 401-Water Quality Certification Scott King Road Tract MAY 3 ' . 2005 Durham County, North Carolina DENR - WATER Qt1ALIT1, HETIANDS AND STORMWATER tit Dear Mr. Tugwell and Ms. Karoly: On behalf of Centex Homes, we hereby request authorization from the US Army Corps of Engineers (USAGE) to use Nationwide Permit (NWP) 39 for proposed permanent impacts to jurisdictional wetlands resulting from the construction of a residential road and lots. Also the 401-certification (GC 3402) associated with NWP 39 is requested from the North Carolina Division of Water Quality (DWQ). A Pre-construction Notification Application (PCN) is attached, which includes an Agent Authorization Form. Site Location The site is located on Scott King Rd. (SR 1103) approximately 1.5 miles east of the intersection of Scott King Rd. and Fayetteville Rd. (SR 1118). The site is adjacent to the floodplain of Northeast Creek / B Everett Jordan Lake Reservoir. Please refer to the attached Figures 1 and 2 for the project's location on a USGS topographic quadrangle and the Chatham County Soil Survey maps, respectively. Proiect History No previous permits have been issued that pertain to this property. S&EC completed a detailed wetland delineation in January of 2004 to provide the base information required for planning the residential subdivision. Proiect Description The overall project is the development of a single-family residential subdivision. The proposed impact will result from the construction of a road and lot fill. The proposed road and lot fill is required to maximize the available lot space, and to ensure that the project is economically feasible. The proposed impacts total 0.30 acre of jurisdictional wetlands. 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 Impervious Surface/Stormwater Plans Because the final site plan for the property has not been finalized the proposed impervious surface area is not known. The site however will have large areas of open space which will ensure that the site will be below 24% impervious. Moreover, because this site is located in a water supply watershed, the City of Durham will not allow impervious surface to exceed 24%. Mitigation The impacts have been avoided and minimized to the maximum feasible extent. The original site plan called for the filling of the wetland located between lots 10 and 11 but will now be preserved as open space. The client will pay EEP to satisfy mitigation requirements. Their acceptance letter is attached. Please call or email me at Preunin2er(a)sandec.com if you have any questions. Sincerely, Todd Preuninger Environmental Scientist / Biologist Attachments: 1. PCN Form 2. Agent Authorization Form 3. Figure I - USGS Map 4. Figure 2 - Soil Survey Map 5. Impact Maps 6. $200 Application Fee V MAY 3 , 2005 DENR - WATER QUALITY WETLANDS AND STORMWATER BRAW Office Use Only: Fonn Version May 2002 USACE Action ID No. DWQ No. (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 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: 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: ? 11. Applicant Information 1. Owner/Applicant Information Name: Centex Homes / Attn: Bob Zumwalt Mailing Address: 2301 Sugar Bush Rd. Suite 400 Raleigh, NC 27612 Telephone Number: (919) 760-1135 Fax Number:_ (919) 571-8346 E-mail Address: NA 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: Todd Preuninger Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919)846-5900 Fax Number: (919)846-9467 E-mail Address: TPreuningergSandEC.com Page 1 of 8 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:_ Scott King Road Tract 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0727-03-22-6971 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): From 1-40 exit onto Fayetteville Street (SR 1118). Head south past South-Point Mall and turn Left onto Scott Kin Road (SR 1103) head east approximately 1.5 miles. The site in on the south (right) side of the road 5. Site coordinates, if available (UTM or Lat/Long): 035°52'25.39" N. 078°53'26.70" 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): +/- 100 7. Nearest body of water (stream/river/sound/ocean/lake): Northeast Creek 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htip://h2o.enr.state.nc.us/admin/mgps/.) 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 site is currently forested land with the exception of a power easement and a primitive gravel drive. The land in the vicinity is mostly forested undeveloped land. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the development of a single-family residential subdivision The portion of the project to which this application pertains is the construction of a road as well as lot fill in jurisdictional wetlands. 11. Explain the purpose of the proposed work: The purpose of the work is to construct a road that will maximize the available lot space on the site to ensure the economic feasibility of the project. 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. No previous permits have been issued for this project. S&EC completed a detailed wetland delineation in January of 2004 to provide the base information required for planning the residential subdivision. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No permits are anticipated 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 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 involve the filling of 0.30 acre of jurisdictional wetlands. The fill will allow for the construction of a residential road as well as portions of several lots. See the below table for a further description of the proposed impacts. Page 3 of 8 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 ma) acres es/no) linear feet A Fill 0.286 No 300' Headwater Forest B Fill 0.014 No 200' Headwater Forest * 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 htip://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.5 acres Total area of wetland impact proposed: 0.30 acre 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 ma linear feet Before Impact leasespecify) NA NA NA NA NA NA * 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.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0 linear feet 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 Area of Name Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) e) (lake, pond, estuary, sound, indicate on ma (acres) 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 Page 4 of 8 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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 proposed road and lot fill is required to maximize the available lot space The proposed impacts are also required to ensure that the project is economically feasible The impacts have been avoided and minimized to the maximum feasible extent. The original site plan called for the filling of the wetland between lots 10 and 11. In order to minimize impacts to jurisdictional waters the client has proposed to preserve this area as open space VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. 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/ncwctlands/stnngide.html. Page 5 of 8 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. The applicant proposes payment to the NCEEP. 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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): 0.30 Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, Page 6 of 8 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 NA 3 NA 2 NA 1.5 NA Total NA NA * 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. XI. XII. 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. NA, no buffer impacts are proposed. 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. The proposed impervious acreage for the project will be less than 24% as Der the Citv of Durham Water supply regulations. 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 city of Durham's existing sewer network. Page 7 of 8 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 applica t is prove ed.) Page 8 of 8 0`3/07/05 09:55 FAX 9195500978 Centex Homes 121002 03/07/2005 08:54 FAX U002 Environmental Consultants, PA Road Ruleish. North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 646-9467 www.SandEC.corrr AGENT AUTHORIZATION FORM Project Name/ Description, I I Date: 311 1 S The Department of the Army U.S. Army Corps of Fngineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: . Field Office; Re: Wetlands Related Consultin;; and Permitting C,(:k-. -A'V-&2W& To Whom It May Concern: Lo ?.? G???L?se' ? I, the current r, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc, from this day forward. The day of M&A,, 6 S This notification supersedes any previous correspondence concerning the agent for this project NOTICE: This authorization, for liabr7ity and professional courtesy reasons, is valid only for government officials to enter ttLe propeity when accompanied by S&EC staff. You should cajl SWEC to arrange a site meeting prior to visiting the site. V/J ?b -1 tl?r Owner's Name tMCSignature Lo???t ?? Gd``'?`nac cc: Ms. Cyndi Karoly cc: Mr. Todd Preuninger NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Raleieh NC 27604 Greensboro f M PME Law ldace e 236 LePhillip Court, Suite C • Greensboro, N 7455 Concord, NC 28025 540-9234 Phone: (704) 720-9405 phone: (333 36) Fa., (704)720-9406 ;=ax: (336) 540-3235 Phone: ?-? CJ ? .?? o fl ?, C• 0 Q o a.' O `b (J F-=rte ? - C / r 0 - -.`?'y-ter - -_ - -- ---- - - A ?. 9308ew No. Figure 1 - USGS Map Scott King Road Soil & Environmental Consultants, PA Project Mgr.: Centex Homes 11010 Raven Ridge Rd.- Raleigh, NC 27614 TP Durham County, NC (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com Scale: 1" = 2,000' 01/28/05 Southwest Durham Quadrangle Dated 1993 ec' ` r ?Vz g ? - 1r y = C - ? . e' ?. w s8 ? ; t z 3 AA, <;p 171 !? x e 5r.a' L- a ,t _ t t x ?r rtY` A' r 1: {'`? •? , ?M ,'?. ?+ ?.-?,-£*aa?NN''il `?•'` '''?. _ '8'-..v 9 ??R "? rt ..k:l ??, k'e t'? - yr Y 1 r2,Y b -? - _ ?.. _ •? ?:r 3F7 .gyp ? t +? ,?: ? ? ? .? Yi+? P .?v=. _ %? ? r s ? ? ,,.? ?rs.r{I` rm Project 9 08 W No. Figure 2 - Soil Survey Map Scott King Road Soil & Environmental Consultants, PA Project Mgr.: Centex Homes 11010 Raven Ridge Rd.- Raleigh, NC 27614 TP Durham County, NC (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com Scale: 1" = 1,320' 01/28/05 Durham County Soil Survey Issued 1971; Sheet.3`I lam" ??? ? r r rt j ? t Todd Preuninger Soil & Environmental Consultants 11010 Raven Ridge Road Raleigh, NC 27614 Project: Scott King Road Tract County: Durham March 15, 2005 ?-3 o s W1 The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for riparian wetlands 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. If we have not received a copy of the issued 404 Permit/401 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 March 7, 2005, the wetlands restoration 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 (linear feet) Riparian Wetlands (acres) Riparian Buffer (ft) Impacts 0.50 Mitigation Maximum 1.0 The riparian wetlands 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. kutoirl, ig... E ... Prot"' 0" .rta t& NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Todd Preuninger Soil & Environmental Consultants Scott King Road Tract March 15, 2005 Page 2 The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5205. Sincerely, illiam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Todd Tugwell, USACOE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File kfftoriklc5... F ... Protects' oar R t& NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net f 401 ISSUED NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor April 23, 2005 Certified Mail - Return Receipt Requested Mr. Todd Preuninger Soil and Environmental Consultants 11010 Raven Ridge Road Raleigh, NC 27614 Dear Mr. Preuninger: RE: Scott King Road Tract Durham County DWQ # 05-0454 S&EC Project # 9308, WI William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Thank you for your fax dated April 19, 2005 concetning our April 12, 2005 letter that required you to reapply for the 401 Certification for this project. As stated in our letter, DWQ's policy is to return applications that are repeatedly incomplete. This policy, is consistent with the 401 Certification rules in 15A NCAC 2H .0507(e). Your original application of March 11, 2005 was placed on hold on March 16, 2005 due to inconsistencies in the application. Unfortunately, your response of April 6, 2005 simply added additional inconsistencies and was still incomplete. Therefore as stated in our April 12 letter, you will need to reapply and pay the Certification fee in order for DWQ to review the application. I have enclosed extra copies of the application for your use. Please take this opportunity to make certain that the application is accurate when you reapply. can be reached at 733-9646 if you have any questions. Cc (without enclosures): Cyndi Karoly Raleigh Field Office US Army Corps of Engineers File copy Central files Eric Kulz, DWQ Raleigh Regional Office Bob Zumwalt; Centex Homes; 2301 Sugar Bush Road, Suite 400, Raleigh, NC 27612 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NofthCarolina Phone: 919-733-1786/ FAX 919-733-6893/ Internet: httn://h2o.enr.state.nc.us/ncwetlands )Vatulaliff An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 0119/2x05 07:55 FAX DWQ DORNEY X1001 Environmental Consultants) PA soil liea 27614 • phone: (91.9)846-5900 • Fax: (919) 846-9467 11010 1Laven Ridge Road Raleigh. NOS fro w.SandF-C.com FACSIMILE SHEET FAX NO. (919) 94.6-9467 Project Number: V _3 CC: TO: NAME: ??-- COM.PANY:, 1, AX NUMBER:- FROM'-S- ?- The following items are being faxed. For Your Comments/ hpproval Per Our Conversation Please Advise Would Like To Discuss IIARD COP'S S1:NT: _ US 17egular Mail _ Hand Delivery No Hard Copy Sent 8TRANSMISSI46-6900. C)N, PLEASE IF YOU DAVE ANY PROBLEMS WITH THIS CONTACT --?-?" *CONFIDENTIALITY NOTICE'S entity This transmission is intended message is not the int?udPd rec pmnt, you Atr are ui hereby a and only ?f1r the use deratial bl the reader individual of this iuforaretion is strictly prohibited. If you have received tltls nout that that Privileged that any disclosut'c, dist<d''ution or copying transol.ission in error, please notif" us immediately by telephoue and return the faxed documents to us at the above Address via the United States Postal Service. al AttC? - 236 Lephillip Court, Suite C ,-,ncord. NC 28025 APR-19-2005 TUE 06:23 TEL:9197336893 NAME:DWQ-WETLANDS SUBJECT. Number of pages including transmittal sheet-- For Your Information Per Your Request Please Call Please handle 0 ?' -. 3817-E- Lawndalc 17rivn GrcensbOrO,NC 27455 phone:, (336) 540-$234 P. 1 0., _t 9 "2105 07:55 FAY i DWQ DORNEY 1@ 0 0 2 Q? 1rQn ental Consultants, PA Soil 4Jr.? E v Fax: (919) $46.9467 11010 Raven Ridfe Road • Raleigh, NoO Carolina 27614 Phone: (919) 846-x940 ,vww.SandEC-cony April 19, 2005 S&EC Project # 9308.W1 DWQ## 05-0454 Department of Environment and Natural RZSOurces Division of Water Quality Attn: Cyndi Karoly/John DorneY 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604 Re: ReF1Y to the Division o:. Water Qty's 'per 12, 2005 letter Scott King Road Tract North Carolina Durban,, Durham Count), Dear Ms. KarolY and Mr. Uomey attached), which indicated that This letter is in response to your letter dated April 12, 2005 (copy regarding the stormwater our previous response did ikot adequately address DWQ in2 the reference to the Neuse reg arding treattm-nt for this site. We apologize for the confusion in the cape rear River Basin. Our initial Buffer rules, obviously thi; site (as you pointed located within the Cape Fear River Basin. As application correctly ident.ficd the project as beg CSpottse and in the permit application, the for the stormwater plans, F-.s stated in our previous roved storrrlwater there imperious surface for thii site is less will eomply% with local t oral ? p r requirements. plan is not required. The pp1ie3nt As ro ect will be required to comply with the Durham's project I stated in my April 6 fesp°nse, this water supply watershed nIes, which state that itcpervious surface cannot exceed 24%. roved gWwwater plan is not required by DWQ, we are requesting that DWQ certification continue processing this application and do not believe lan that ?1icd please referee a the rule,e Because a pre-app should be required. if you still believe that such p statute or certification thlit reA=cs it. ire further explanation in order to complete Please call if you have a1?y questions or requ processing the applicaticu and my initial response. Sincerely, l Todd Preur finger LIiarlott? Icy 236 LcPhilhP Court, Suite C Concord, NC 28025 APR-19-2005 TUE 06:23 TEL:9197336893 NAME:DWQ-WETLANDS St,ernc Y tieli 3817-E it wndale Drivc Greensboro, NC 27455 Phone: (336) 540-8234 Fax; (336).540-8235 P. 2 scott king rd tract - 05-0454 Subject: scott king rd tract - 05-0454 From: "Todd Preuninger" <treuninger@sandec.com> Date: Tue, 19 Apr 2005 08:17:46 -0400 To: "'John Dorney"' <john.dorney@ncmail.net> CC: "'Cyndi Karoly"' <cyndi.karoly@ncmail.net> John, got your 2nd on hold letter for the above referenced project and i think i am partially to blame for the confusion. so please don't take offense to the fax i just sent. specifically, in my original application i did make reference to a stormwater plan and the fact that this would be submitted at a later date for dwq review. although my application stated that the project was in the Cape Fear, i am so used to providing dwq with the drainage plan/level spreader design, that i mistakenly assumed this would be needed. the site will be less than 24% impervious, so technically, the only stormwater requirements that need to be met will be the local municipality. again, i apologize for the confusion. let me know how we can clear this up and move onto to the next project. If needed i can re-submit the application and remove the refernce to the stormwater plan, but would prefer not to have to pay the 401 fees again. thanks, todd Todd Preuninger Soil & Environmental Consultants, PA 919-846-5900 This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. 1 of 1 4/19/2005 8:52 AM Ay7AN NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor April 12, 2005 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Centex Homes Attn: Bob Zumwalt 2301 Sugar Bush Road Suite 400 Raleigh, NC 27612 Dear Mr. Zumwalt: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director RE: Request for 401 Water Quality Certification Scott King Road Tract Durham County DWQ # 05-0454 On March 11, 2005, the Division of Water Quality received your application to impact wetlands in order to construct the proposed residential lots and roads on this property. On March 16, 2005, the Division of Water Quality placed your project on hold due to incomplete information. On April 6, 2005, we received a fax from Mr. Todd Preuninger in response to our earlier letter. Unfortunately, Mr. Preuninger's letter does not address our earlier question. His response states that on-site stormwater management will not provide a stormwater plan but will provide diffuse flow across the protected stream buffers as required in the Neuse River buffer rules. However this site is in the Cape Fear basin. Therefore we are still uncertain as to what stormwater management is proposed for this site. This application is being returned to you as incomplete in order to have you resolve the issues related to this project. You will need to resubmit a complete, corrected application in order for DWQ to process this application. In addition, a new 401 Certification fee will be required. Please be certain that all of the issues raised in this letter and out March 16 letter are addressed in the new application. I can be reached at 919-733-9646 if you have any questions. Cc Todd Preuninger, Soil and Raleigh Field Office, US A Eric Kulz, DWQ Raleigh R File copy Central files 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NofthCarohna Phone: 919.733-1786 / FAX 919-733.6893 / Internet: httn://h2o.enr.state.nc.us/ncwetlands An Equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally 01/06/2005 11:09 FAX t D A T E:-3.'S• - Raleigh. North Carolina 27614 • ] www.SandEC.com TO: NAME: . ",IQ COmPANY_ FAX NUMBER: FRONT:a° SUBJECT: ?transmittal The following items arebeing faxed. Number of pages incleet: For Your Comments/Approval Per Our Conversation Please Advise Would Like To Discus IJARD COPY SENT: US Regular Mail Overnight DOQ DORNEY 2001 Consultants, PA -honc:(919)946-5900 - Fax; (919) 846-9467 Project Number: ` -5 1-) CC:,?' IGw??? For Your information 3e Per Your Request Please Call Please Handle Hand Delivery No Hard Copy Sent IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CONTACT AT (919) 846-5900. *CONFIDENTIALITY NOTICE* This transmission is intended only f«r the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential. if the reader of this message is not the intended recipient, you are hereby notified that any disclosure, distribu ion or copying of this information is strictly prohibited If you have received this transmission in error. please notify is immediately by telephone.and return the faxed documents to us at the above address via the United States Postal Service. arlo. ttic ' 3817-E Lawpdale Drive 236 LephilliP Court, Suitc C Greensboro, NC 27455 Concord. NC 28025 Phone.. (336) 5a0-8234 Phonc: (704) 720-9405 Fax: (3361540-8235 APR-6-2005 WED 09:38 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 Environmental FACSIMILE SHEET FAXNO, (,9.19),g46-9467 04/06/2005 11:09 FAX DWQ DORNEY Z 002 Soil & Environmental Consultants, PA 1.1010 Raven Rid};e Road i Raleigh, North Cambna 27614 -. Phone: (919),846-5900 - Fax: (919) 846-9467 www.SandEC.com April 6, 2005 S&EC Project # 9308.W1 DWQ# 05-0454 Department of Environment and Natural Resources Division of Water Quality Attn: Cyndi Karoly 2321 Crabtree Boulevard suite 250 Raleigh, NC 27604 Re: Reply to the Division of Water Quality's March 16, 2005 letter Scott King Road Tract Aurham, Durham County, North Carolina Dear Ms. Karoly: This letter is in response to dour letter dated March 16, 2005 (copy attached), which requested additional information for tie proposed Scott King Road Subdivision. The following restates your questions as shown on your letter and there provides our response. 1. The application refers to a site set aside for proposed stormwater BMP but is not shown on the plan... Please clarify. Our application should inotlav4; referenced a stormwater pond The applicant will comply with the Neuse Buffer Mules, however the stormwater plans have not been finalized. As per Item 4 in the "Conditions of. Certification" for WQC #3402, a stormw.ater management plan is only required for sitet that have greater than 30% impervious surface cover. Because this site will have an impervious surface cover less than 24% (as per the City of Durham watersupply rules) no stormwater management plan should be required. The applicant will insure that diffuse the a 1 stormwater will enter the buffers at a non-erosive flow, as per the Neuse Riparian Buffer Rules. Please call if you have any.questions or require further explanation. Sincerely, Todd Preuninger Attachments: 1) DWQ le-ter Greenshoro Office: Cl0 : 236 Lel'WIEP COUM Suite C Grems ownd Drive 27455 Concord, NC 23025 Phone; , NC C 823 phone: (704) 720-9405 hone: (336) 5400--8234 Fax: (704) 720-9406 Fax- (336} 540.8235 APR-6-2005 WED 09:38 TEL:9197336893 NAME:DWO-WETLANDS P. 2 04/06/2005 11:09 FAX oFwATR <, , sod PG ? r -r DWQ DORNEY Q003 Michael F. Easley, Governor William G. Ross Jr., Secretary North Catalina Depw=mt of Environment and Natural Resources Alan W, Klimek P.E. Diroctor ?? Og W t Divisiou of Wucr Quality March 16, 2005 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Centex Homes Attn: Bob Zumwalt 2301 Sugar. Bush Road, Suit. 400 Raleigh, NC 27612 Subject Property: Scott King Road 't'ract, Durham, NC REQUEST FOR MORE NFORMATION Dear Mr. Zumwalt: DWQ Project # 05-0454 Durham County ?l ?l ? 5 MAR 2 1 2005 On March 11, 2005, the Division of Water Quality (DWQ), received your application dated March 11, 2005 to impact 0,30 acres of wetlands to construct the proposed residential lots and roads. The DWQ has deterrained that your application was incomplete and/or provided inaccurate information as di cussed below. The DWQ will require additional information in order to process your applic ition 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 ycur application as required by 15A NCAC 2H .05.06 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 RiNuested: 1. Plan Details Application refers tr. a site set aside for proposed stormwater BMP device but this is not shown on the plan.. Please clarify. Please respond within three weeks of the date of this letter by sending this information to me in writing and Eric Kulz or M ke Horan of the DWQ Raleigh Regional Office. if we do not hear from you within three weeks, we will assume that you no longer avant 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 Ma 401 pvarsight/Expttr56 Review Permits Unit 1650 Marl Service Center, Raleigh North Carolina 27691.1850 2321 Crabtrae Boulevard, Suiw 25o. Raleigh, North Canllna 27604 Phone: 919-733-1786) FAX 919 433-68931 4nlemet htr •lh2o enr state.nc.us/ncwetldLtds An equal opportunity/Affirrnatrve Acton Employer - 504' Recycledli 0% Post Consrxrrer Paper APR-6-2005 WED 09:38 TEL:9197336893 NANE:DWQ-WETLANDS P. 3 04/06/2005 11:10 FAX -? DWQ DORNEY lij004 Centex Homes a 'r Page 2 of 2 March l6, 2005 are not authorized (at this tim:.) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have ?.ny questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBK/bs cc: Eric Kulz or Mike Hcran, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files 'odd Preuninger, S&aC,11010 Raven Ridge Rood, Raleigh, NC 27614 Filename:, 05-6454 Scutt King Road Tract (Durum) on Hold. APR-6-2005 WED 09:38 TEL:9197336893 NAME:DWQ-WETLANDS P. 4 0F WA TF? Michael F. Easley, Governor Q ? ?- William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 5 y Alan W. Klimek, P.E. Director Division of Water Quality March 16, 2005 DWQ Project # 05-0454 Durham County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Centex Homes Attn: Bob Zumwalt 2301 Sugar Bush Road, Suite 400 Raleigh, NC 27612 Subject Property: Scott King Road Tract, Durham, NC REQUEST FOR MORE INFORMATION Dear Mr. Zumwalt: On March 11, 2005, the Division of Water Quality (DWQ) received your application dated March 11, 2005 to impact 0.30 acres of wetlands to construct the proposed residential lots and roads. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Plan Details Application refers to a site set aside for proposed stormwater BMP device but this is not shown on the plan. Please clarify. 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 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 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands None Carolina Natura!!rff An Equal Opportunity/Affirmative Acton Employer- 50% Recycled/10% Post Consumer Paper Centex Homes Page 2 4 2 March 16, 2005 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, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBKlbs cc: Eric Kulz or Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Todd Preuninger, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 05-0454 Scott King Road Tract (Durham) On Hold Q S.U4 54 Soil & Environmental Consultants, PA 11010 Raven Ridge Road - Raleigh, North Carolina 27614 • Phone: (919) 846-5900 - Fax: (919) 846-9467 www.SandEC.com Please note: A stormwater plan has not been finalized for this project, however, space has been set aside for a proposed BMP device. We are requesting that the NC-DWQ issue our permit with the condition that no impacts will occur until a stormwater plan has been reviewed and approved by the appropriate agencies. Additionally, the due diligence period for this property will expire in a few weeks. Please call if you require any additional information so that we can expedite the review process. March 7, 2005 S&EC Project #9308.W1 US army Corps of Engineers NCDENR-DWQ Attn: Mr. Todd Tugwell Attn: Ms. Cyndi Karoly 6508 Falls of the Neuse Rd. 2321 Crabtree Blvd. Suite 120 Parkview Building Raleigh, NC 27615 Raleigh, N-C D 27604 ? , RE: Nationwide Permit 39 and 401-Water Quality Certification MAR j 1 2005 Scott King Road Tract Durham County, North Carolina DENR -WATER CKJAUTY WETLANDS AND STQRMWATER BRANCH Dear Mr. Tugwell and Ms. Karoly: On behalf of Centex Homes, we hereby request authorization from the US Army Corps of Engineers (USACE) to use Nationwide Permit (NWT) 39 for proposed permanent impacts to jurisdictional wetlands resulting from the construction of a residential road and lots. Also the 401-certification (GC 3402) associated with NWP 39 is requested from the North Carolina Division of Water Quality (DWQ). A Pre-construction Notification Application (PCN) is attached, which includes an Agent Authorization Form. Site Location The site is located on Scott King Rd. (SR 1103) approximately 1.5 miles east of the intersection of Scott King Rd. and Fayetteville Rd. (SR 1118). The site is adjacent to the floodplain of Northeast Creek / B Everett Jordan Lake Reservoir. Please refer to the attached Figures 1 and 2 for the project's location on a USGS topographic quadrangle and the Chatham County Soil Survey maps, respectively. 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 Project History No previous permits have been applied for or issued that pertain to this property. S&EC completed a detailed wetland delineation in January of 2004 to provide the base information required for planning the residential subdivision. Project Description The overall project is the development of a single-family residential subdivision. The proposed impact will result from the construction of a road and lot fill. The proposed road and lot fill is required to maximize the available lot space, and to ensure that the project is economically feasible. The proposed impacts total 030 acre of jurisdictional wetlands. Impervious Surface/Stormwater Plans Because the final site plan for the property has not been finalized the proposed impervious surface area is not known. The site however will have large areas of open space which will ensure that the site will be below 24% impervious. We are requesting that the permit be approved with the condition that no work will begin until the DWQ reviews and approves the final stormwater plan. Mitigation The impacts have been avoided and minimized to the maximum feasible extent. The original site plan called for the filling of the wetland located between lots 10 and 11 but will now be preserved as open space. The client has requested payment to the EEP should mitigation be required. . Please call or email me at Preuninger(a sandee.com if you have any questions. Sincerely, -7;V f Todd Preuninger Environmental Scientist / Biologist Attachments 1. PCN Form . 2. Agent Authorization Form 3. Figure 1= USGS Map 4., Figure 2- Soil Survey Map 5. Impact Maps 6. $200 Application Fee Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 0504,54 (It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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: Centex Homes / Attn: Bob Zumwalt Mailing Address: 2301 Sugar Bush Rd. Suite 400 Raleigh, NC 27612 Telephone Number:_ (919) 760-1135 Fax Number: (919) 571-8346 E-mail Address: NA 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: Todd Preuninger Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: _ 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919)846-5900 Fax Number: (919)846-9467 E-mail Address: TPreuninger@SandEC.com Page 1 of 8 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:Scott King Road Tract 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0727-03-22-6971 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): From I-40 exit onto Fayetteville Street (SR 1118). Head south past South-Point Mall and turn Left onto Scott King Road (SR 1103) head east approximately 1.5 miles. The site in on the south right) side of the road 5. Site coordinates, if available (UTM or Lat/Long): 035°52'25.39" N. 078°53'26.70" 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): +/- 100 7. Nearest body of water (stream/river/sound/ocean/lake): Northeast Creek 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/m4p /.) 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 site is currently forested land with the exception of a power easement and a primitive gravel drive. The land in the vicinity is mostly forested undeveloped land. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the development of a single-family residential subdivision The portion of the project to which this application pertains is the construction of a road as well as lot fill in jurisdictional wetlands. 11. Explain the purpose of the proposed work:- The purpose of the work is to construct a road that will maximize the available lot space on the site to ensure the economic feasibility, of the project. 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. No previous permits have been applied for or issued for this project S&EC completed a detailed wetland delineation in January of 2004 to provide the base information required for planning the residential subdivision. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No permits are anticipated 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 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 involve the filling of 0.30 acre of jurisdictional wetlands. The fill will allow for the construction of a residential road as well as portions of several lots. See the below table for a further description of the proposed impacts. Page 3 of 8 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 ma acres es/no linear feet A Fill 0.286 No 300' Headwater Forest B Fill 0.014 No 200' Headwater Forest * 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 hqp://www.fema.2ov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.5 acres Total area of wetland impact proposed: 0.30 acre 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 ma linear feet Before Im act leasespecify) NA NA NA NA NA NA * 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.goy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com, www.mggguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0 linear feet 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 Area of Name Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres 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 Page 4 of 8 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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 proposed road and lot fill is required to maximize the available lot space. The proposed impacts are also required to ensure that the project is economically feasible. The impacts have been avoided and minimized to the maximum feasible extent. The original site plan called for the filling of the wetland between lots 10 and 11. In order to minimize impacts to jurisdictional waters, the client has proposed to preserve this area as open space. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. 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. Page 5 of 8 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. The impacts have been avoided and minimized to the maximum feasible extent For this reason we believe that no compensator mitigation should be required However if miti ag tion is_reauired we propose that payment be made to the NCEEP 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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): 0.30 (if required) Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) Page 6 of 8 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 mitigation is required calculate the required multipliers. to each zone of the riparian buffers. If buffer amount of mitigation by applying the buffer Required Zone* snImpact are feet Multiplier Mitigation 1 NA 3 NA 2 NA 1.5 NA Total NA NA * 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. XI. XII. 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. NA, no buffer impacts are proposed. 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. The proposed impervious _acreaae for the vroiect will be less than 24% therefore a DWO gpproved stormwater plan is not required. 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. Page 7 of 8 The project will tie into the city of Durham's existing sewer network. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that. may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). We are requesting that the permit be approved with the condition that no work will begin until the DWQ reviews and approves the final stormwater plan. Applicant/Agent's !Agnature bate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 03/07/05 09:55 FAX 9195500978 Centex Homes 03/07/2005 08:54 FAR Soil & Environmental 11010 Raven Ridge Road Raleigh. North Carolina 21614 www.sandMcon 002 Q002 Cojasultants, PA phone: (919) 846-5900 • Fax: (919) 646-9467 AGENT AUTHORIZATION FORM Name: Address: V7 Phone: ltob -- U V7 Project Name/Descripti Date: -311 5 The Department of the Army U.S. Army Corps of Fngineers, 'Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands Related Consulting- and Permitting ' To Whom It May Concern: ,e t;. 0 c'?-Tm u?Lkase m - 1, the current r, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to famish upon request supplemental information in support of applications, etc, from this day forward. The ?._ day of LkaA,--kA 226 S This notification supersedes any previous eorrespond¢nce concerning the agent for this project NOTICE: This authorization, for liability and processional courtesy reasons, is valid only for government offidaU to enter the propeity? when accompanied by S&EC staff. You should cal S&EC to arrange a site meeting prior to visiting the site. /1 7 -12 1 ( r / VI ray Owner's Name Signature cc: Ms. Cysmdi IGaroly cc: Mr. Todd Preuninger NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard ...r e'eli NC 276Q4 - Cbulotte fficp: 3817-B ono ala e 236 Lephiilip Cowl. Suite C' Greensboro, N l 2745 Concord, NC 28025 36) Phone: (704) 720-9405 Y=, (3336) 540-9234 Fax: (704) 720-9406 Fax: (336) 540-3235 O N ) • ,? ?o I `O ' Q, r- d O ? , p Q O N - 1J //vvJJ ? ?YA p ? ^c ar ? t • i ?A pis =_ --- ---- --- - _--- -- O ?y-4 -- N - P308ect No. Figure 1 - USGS Map Scott King Road Soil & Environmental Consultants, PA Project Mgr.: Centex Homes 11010 Raven Ridge Rd.- Raleigh, NC 27614 TP Durham County, NC (919) 846-5900 - (919) 846-9467 Web Page: www.SandEC.com Scale: 1" = 2,000' 01/28/05 Southwest Durham Quadrangle Dated 1993 { 4 ah YtJ ` .. } rK ? ri {?{ ' j ! " •' _,? ` r fi t ?' J.:a to RAM j . Y7 .. rr` u?? 4 N r t ?5'x c _?}S>r z F ?' ri;?,ry *Yh kt?_= f C Z4?`l ?k i i 14-1 UUU 01 gA ? _ 7 . ??3= ? ? X11 y? Y? ''?:\ ? L r - '? ??? .{ ?a t T r t . _ y ' G ro ??. _ a?'r-?.? ':?,r??'?' ,y4 _ ?? ? . y a?'?r 3' ? ?6 ??? 4?#, L ? , `4 s ?? ?d? ,C? yy'';?"?? ?,?, y,??i ?"? c^•w ?'r?y ?? + ? a ??'3,a ". - r? ? t ty ??? ,J f"? ? 3,r:. i .- rz5 'SS 4H )2i i''D?? ti r l j(? C?' f??'k ?? { 4? _ t4 ?? i?:* T x µ 4 f W a? '` x e? ? r t54 wt `? s _ y, ?`' '?• ? ? r j i?... 'pct 'wt .Y ? H it y[. ? K ?'y r? t" ?+ i q !1 4, H' fr G -?95 S yW?33 .s A r aT'tY, f. Lt', V_( 21 .a} r , Project 9308 W No. Figure 2 - Soil Survey Map Scott King Road j Soil & Environmental Consultants, PA Project Mgr.: Centex Homes 11010 Raven Ridge Rd.- Raleigh, NC 27614 Durham County, NC (919) 846-5900 ¦ (919) 846-9467 Web Page: www.SandEC.com Scale: 1" = 1,320' 01/28/05 Durham County Soil Survey Issued 1971; Sheet,211 DWQ# Qtt5y Plan Detail Incomplete Date Who Reviewed: Al ? 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. .L F1 5 15 ? I S?c?n1 v? 0Yn ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. YAk 01" - ? Please provide cross section details showing the provisions for aquatic life passage. - -- -- - - - 4W ? 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 additiohal 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. ? Thd 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. SOIL & ENVIRONMENTAL CONSULTANTS, PA 017529 NC Division of Water Quality Date: 05/02/05 Check Number: Check Amt: 17529 $200.00 Tran # Invoice Type Date Reference Balance Discount Pay Amount 6713 0502053 Invoice 05/02/05 9308.W1 $200.00 $0.00 $200.00 rim 193?Wvl 9 D MAY 3 2005 WEMO MO ST EOWWATER1 ikKV { SOIL & ENVIRONMENTAL CONSULTANTS, PA 017529 NC Division of Water Quality Date: 05/02/05 Check Number: Check Amt: 17529 $200.00 Tran # Invoice Type Date Reference Balance Discount Pay Amount 6713 0502053 Invoice 05/02/05 9308.W1 $200.00 $0.00 $200.00 D MAY 3 - 2005 DENR - WATER QUALIT`4 BRkrr WETLANDS AND j M WATER C?I? & ENVIRONMENTAL CONSULTANTS, PA J Division of WatPr Quality NC Ref erenCe Type Date Tr # Invoice invoice 03/11/05 9308.111 62 213 031105 017438 Check Number: 17438 Date: 03/11/05 Check Amt: $200.00 Balance Discount un t $200.00 $0.00 (= o 050454 _ Nom. 11 . k. t; ~ w __...1.. 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