HomeMy WebLinkAbout20050467 Ver 1_Complete File_20050314
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 13, 2005
DWQ Project # 05-0467
Wake County
G. Bryant and Sandra K. Gamer
209 Lions Gate Drive
Cary, NC 27511
Subject Property:
Windsor Tract, Apex, NC
UT Reedy Branch
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Ms. Gamer:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.245 acres of wetlands and 20 feet of streams for the purpose of constructing
a residential subdivision at the subject property, as described within your application dated March 11,
2005 and received by the N.C. Division of Water Quality (DWQ) on March 14,2005. After reviewing
your application, we have decided that the impacts are covered~y General Water Quality Certification
Number(s) 3402 and 3374 (GC3402 and GC 3374). The Certification(s) allows you to use Nationwide
Permit(s) 12 and 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 Pennit) are met. No other impacts are
approved including incidental impacts:
Stream
404/CAMA Wetlands
Amount A roved (Units)
20 (feet)
0.245 (acres)
Plan Location or Reference
A lication dated March 11, 2005
A lication dated March 11, 2005
N~'{thCarolina
/Votufoll!!
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/lnternel: htto:/Ih2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
'"
G. Bryant and Sandra K. Gamer
Page 2 of3
March 16,2005
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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, ins~alled,
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 Kirid
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 wIn 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 D.ivision 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 40 1/W etlands 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 andlor 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,
,..
G. Bryant and Sandra K. Garner
Page 3 of 3
March 16, 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.Offi.ce in Raleigh at 919-
733-9721 or Eric Kulz or Mike Horan in the DWQ Raleigh Regional Office at 919-571-4700.
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{Alan W, Klimek. P,E,
Enclosures:
GC 3402 and GC 3374
Certificate of Completion
Mitigation Requirements
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: 05-0467 Win<lsor Tract (Wake) 401
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Qualily
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, G. Bryant and Sandra K. Garner has permission as'outlined
below to impact 0.245 acres of wetlands for the purpose(s) of constructing the proposed Windsor Tract in
Wake County. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT V ALID WITHOUT
THE ATTACHMENTS. Please note that this mitigation is not required by DWQ but rather by the US
Army Corps of Engineers. This form is provided to EEP and the Corps for their use as appropriate.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT#:
LOCATION:
COUNTY
BASIN/ SUB BASIN
05-0467
Apex
Wake
03-06-05 (river/subbasin); 16-41-10-1 (stream index no.)
As required by 15A NCAC 2H.0500, and the conditions of this, Permit, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and
surface waters as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must
be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts:
0.245 Acres of riparian wetland
Mitigation:
0.25 Acres of riparian wetland
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Program at the address below. An invoice for
the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT
YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
(919) 733-5208
Filename: 05-0467 Windsor Tract (Wake) EEP
N~~hCarolina
;votufIll/lI
401 OversighVExpress 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/lnternet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
S&
EC
Soil & Environmental Consultants, PA
11010 Raven Ridge Road · Raleigh, North Ca,rO,linll.. ~79JJ,,,'!::J:R<>'11~.:,(?1~) ~6-5900 · Fax: (919) 846-9467
, www.SandEC.com
PAYMENT
RECEIVED
050467
r N In,,! r r (iH:J V
~ .i:, L~ (JUJ,iE U
us Army Corps of Engineers NCDENR-DWQ
Attn: Mr. Todd Tugwell Attn: Ms. Cindy Karoly
6508 Falls of the Neuse Rd., Ste. 120 2321 Crabtree Blvd.
Raleigh, NC 27615 401 jSSlJElJaleigh, NC 27604
March 11, 2005
S&Ee Project #: 8779.Wl
RE: Request for NWP 12, 39, 401 Certification
Windsor Tract
Apex, Wake County, North Carolina
m~@~DW~ ~
MAR 1 4 Z005
Dear Mr. Tugwell:
DENR.- WATER QUALITY
WEllOOS AND STORMWATER BRANCH
On behalf of G. Bryant and Sandra Gamer, we hereby request authorization from the US
Army Corps of Engineers to use Nationwide Permit 12 to authorize impacts as a result of
a sanitary sewer crossing of a jurisdictional perennial stream channel and NWP 39 to
cover wetland impacts due to the installation of a sanitary sewer line. (see attached maps).
A Pre-construction Notification Application (PCN) is attached, which includes an agent
authorization form.
Site'Location
The site is approximately 47 acres in size and located south of US 64 west of Apex,
Wake County, NC. The site is bordered on the south side by a perennial unnamed
tributary to Reedy Branch. Figure 1 shows the location of the site on a USGS
topographic quadrangle.
Impacts
It has been brought to our attention that a subdivision adjacent to the Windsor Tract
previously submitted for 404 permits for impacts created during the construction of that
subdivision (Abbington Ridge). As per a meeting on February 15,2005, with Todd
Tugwell of the USACE, it has been confirmed that these impacts will be considered a
separate project, with the exception of the impacts created from the construction ofa road
utilized to access the Windsor Tract.
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3811-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234 .
Fax: (336) 540-8235
March 11, 2005
S&EC Project #: 8779.Wl
'Page 2 of2
NWP 12 - We are requesting the use ofNWP 12 for the crossing of a perennial
stream channel by a sanitary sewer line (Impact AS). This crossing will impact
20 linear feet ()f channel. Previous impacts from a road construction withi~ the ,
Abbington Ridge subdivision total 0.16 acres of wetland impacts.
~P 39 - We are requesting the use ofNWP 39 to include the impacts created
from the installation of a sanitary sewer line. As the wetlands will not be returned
to their previously existing grade, we are unable to pennit these actions under
NWP 12: Wetland impacts total approximately 0.085 acres.
Mitigation
As per the February 15, 2005, meet~ng with Mr. Tugwell, the USACE is requiring 0.25
acres of compensatory mitigation for riparian wetland impacts. We propose payment to
the NCEEP and submitted a request form concurrent with this application. -
Please call or email meatpreuninger@sandec.comif you have any questions.
Sincerely,
A~~--/
Todd Preuninger .
. Wetland Scientist
Attachments: '
Pre-construction (PCN), notification form
Agent Authorization Form
. Site Location Map-USOS (Figure 1)
Site Location Map ~ Soil Survey (Figure 2)
Wetland Impact Maps (4)
DWQ Check - $200.00
mf5 {r? rs n~V7i~ @",
LE',~L5U\, t..:.:;..l l\
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MAR 1 4 2005
Office Use Only:
~'ANo STORMWATERIB~H
Form Version May 2002
050467
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A".)
I. Processing
l. Check all of the approval(s) requested for this project:
[gI Section 404 Permit 0
o Section 10 Permit 0
[gI 401 Water Quality Certification
Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12. 39
3. Ifthis notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), complete
section VIII and check here: [gI
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: 0
II. Applicant Information
1. Owner/Applicant Information
Name: G. Bryant Garner and Sandra K. Garner
Mailing Address: 209 Lions Gate Dr.
Cary. NC 27511
Telephone Number: (919) 462-0733
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: 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:preuninger@SandEC.com
Page 1 of8
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 ofproject: Windsor Tract
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0722639957
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Traveling westbound on Hwy.
64. turn left onto Kellyridge Drive. right onto Lyndenbury Drive. and right onto Chanticlair
Drive. The property extends south of Chanticlair Drive to an unnamed tributary of Reedy
Branch.
5. Site coordinates, if available (UTM or Lat/Long): 72044' 21" N 78054' 26" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing ofa distinct waterbody.)
6. Property size ( acres): :1:47
7. Nearest body of water (streamJriver/sound/ocean/lake): ut of Reedy Branch
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 ofthis application: The site is currently undeveloped. Land use in the vicinity
of the site is undeveloped and residential.
Page 2 of8
10. Describe the overall project in detail, including the type of equipment to be used: This
proiect includes the installation of a sanitary sewer line and grading and lot construction
consistent with a residential subdivision. Typical heavy equipment will be used.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to
construct a residential subdivision.
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 ill 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.
A wetlands delineation was performed on June 3.2004 by S&EC. This delineation has been
forwarded to Todd Tugwell of the USACE for approval. The adiacent Abbington Subdivision
has previously applied for nationwide permits. however. as decided in a February 15. 2005.
meeting with Mr. Tugwell. these impacts will not be cumulative. with the exception of
impacts associated with the construction of a roadway which provides access to the Windsor
tract.
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 future impacts are anticipated.
VI. Proposed Impacts to Waters of the United StateslWaters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 3 of8
1. Provide a written description of the proposed impacts: Prooosed impacts stem from
the installation of a sanitary sewer line and the construction of roads and lots in a
residential subdivision. This includes 0.085 acres of wetland impacts and 20 linear feet
of stream impact. Previous impacts from road construction associated with an adiacent
subdivision include 0.16 acres of wetland impacts.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact lOO-year Nearest Stream Type ofWetland***
(indicate on map) (acres) Floodplain** (linear feet)
(yes/no)
A1 - NWP39 Fill 0.005 No -600' Forest headwater
A2 - NWP39 Fill 0.074 No -500' Forest headwater
A3 - NWP39 Fill 0.0005 No -400' Forest headwater
A4 - NWP39 Fill 0.006 No -300' Linear
* 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.sov.
*** 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:
Total area of wetland impact proposed: 0.245 acres (0.085 acres oroposed impacts and
0.16 acres of previous imoacts.)
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact*
Stream Name**
Average Width
of Stream
Before 1m act
A5 - NWP12 Crossing ut of Reedy Branch
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 waIl, rip-rap, crib waIl, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found On USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com. etc.).
*
Cumulative impacts (linear distance in feet) to all streams on site: 20 feet
Page 4 of8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
N/A
Name ofWaterbody
(if applicable)
Open Water Impact
Site Number
indicate on ma
N/A
Type of Impact*
N/A
N/A
*
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, 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): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A
Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
A wetlands delineation was performed prior to site plan design in order to avoid stream
and wetland imoacts to the greatest extent possible.
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
Pemits, 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
Page 5 of8
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://h20.enr.state.nc. us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
As per a February 15. 2005. meeting with Todd Tugwell of the USACE. 0.25 acres of
riparian wetland mitigation will be required. We propose payment to the NCEEP. A
request form has been submitted to NCEEP concurrent with this application.
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/wt:p/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): N/ A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.25 acres
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes 0 No ~
Page 6 of8
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
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 0 No 0
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes 0 No 0
x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No rgJ If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multiplier Required
(sauare feet) Mitigation
1 NjA 3 NjA
2 NjA 1.5 NjA
Total NjA NjA
*
Zone I 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.
N/A
Page 7 of8
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.
Impervious acreage will be less than 30%.
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.
Sanitary sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No ~
Is this an after-the-fact permit application?
Yes 0 No ~
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
'/ D)
te
t s provided.)
-~--7
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the appli
Page 8 of8
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Soil & Environmental C'olJlsultants, PA .
HOlO R8.ven ~ Road · Raleigh. Nonh ~ 27614 . 'Phone.! (915) ~S900 . ~ (919) 846-.9467
www.&ndBC.com
AGENT AUTHORlZATIONFORM
All BIClIl.b To Be Filled In By The CUJ.Tent Lando~ 1 ~
Nanle; ~ &-lJon+ ~rn~... ~ SandJ'-o. 'n bnmQ.r_
Address: 2 ~ Li Oh~ ~1.\e l) f" r n "'-j.J'\Jr J 2 n 5L1
Phone; (q 10\) 4(02- - C)'l ~_~
Project N~e/Description: .1lt~eY)ti0 \ \)f' \Je'1 O{)h-(.IVl+ - \,. , \hd6!:)r e- A \)'0, ~~
Date: ~qtll )a("~ \ '\ 1.005,
The Deperlment of the Anny
U.s. Atmy Corps of Engineers, Wilmington Distdct
P.O. 'Box 1890 .
Wiltt1ington, NC 28402
'. .'. '.:
Attn:
Field Office:
Re: Wetlands Related Consttltirlg and Permitting
To WhOlIl It May Concenx
L 1ht'! current PIOoertv owner, hereby designate and authorize 8011 &:: En'9irOIUJ If!1ltal Consultants, PA to
act in my behalf as my agent in the prOCESSing of pennit applic:a.tiOIl&, to fumis:h upon ~eGt
supplemental infonnatf.on:in sUPloIort of app1ic.atioxls, etc. from thi$ d.ay fOIWiU'd The J '-1+~ day of
~~l )n~ 2CYJ5 .
This notification su~edes any. fIevious correspondence conc:eming the agenl fol:' this project
NOTICE: 'I1rls authorU:atio~ loJ; liability 8hd professional ~Q1UtefIY reasoDli, j ~ valid only,for
.' government offif"lal9 to enter the property When aceompamed ~e>taU. l"6u. should all S&EC
to anange a site meeting p.nor to dsi.ting the site. _. I ~
G- e:.,,::\ctn t Gar".,... -" ,. ~ ~
Sar'\dr<:A k G-a.mer ~A!.. ~~L ~
Print Property Owner's Name Property Owner's Sij ~ture
cc: Mr.Jolm Dorney
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
.
cc: Mr. Todd Pretmi: \gel"
Soil &. Environn l( !I1 tal Consul/.fUi.is, l' A
~ri~ Qfficei
236 LePhiIlip Court, Suite C
, O>neom, NC 28025
Phone: (704) 720-51405
Fax; (704) 720-9405
.Groensboro Office'
3817-E U'Mldidl:l DriVel
~sWco. NC 27455
Phone: (336) 540-.&234
Pax: (336) S40-823S
Bll<Iml:Y Of~'
b22 Coon MounOiin Uu1l;
'l.b.ylomvillc, NC 28681 .
Phone (823) 635.$$20
Fax: (82.8) 63$.5&20
Project Mgr.:
TP
Scale:
1" = 2,000'
OS/25/04
Figure 1 . USGS Map
Withers & Rave-nel
Wake Co., NC
Soil & Environmental Consultants, P A
11010 Raven Ridge Rd.. Raleigh, NC 27614
(919) 846-5900 . (919) 846-9467
Web Page: www.SandEC.com
New Hill & Green level Quadrangles
Dated 1993
Withers & Ravenel
Wake County, NC
Soil & Environmental Consultants, P A
11010 Raven Ridge Rd." Raleigh. NC 27614
(919) 846-5900" (919) 846-9467
Web Page: www.SandEC.com
Project#: Scale:
8779.W1 1":1320'
Project Date:
Mgr.: TO 05125104
Figure 2 - Soil Survey
Map
(Sheet 65)
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Date B "'- ,.... C
W&R '-.100'
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K"V 9 25 04
ClMrlod By Job....
JJJ 03186,0
SUMMARY OF
PROPOSED IMPACTS
IETLAND IMPACT
IETLAND IMPACT
(ETLAND IMPACT
{ETLAND IMPACT
)TAlIMPACT
t' WIDE CREEK CROSSING
l?TAlIMPACT
202 SF
3,214 SF
20SF
280 SF
3,716 SF
)flF
oOlO IF
,
@'\.
'-
200
I
o 200
. ,
SCALE: 1" = 200'
WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111M<<l"_Or....Ury.North~21SI1 wI;'It-46!t--llAO &':'1'J..641<6(q -....~-.elCOlll
400
I
IT]
PROPOSED IMPACTS
A1 WETLAND IMPACT 202 SF
A2 WETLAND IMPACT 3,214 SF
A3 WETLAND IMPACT 20 SF
TOTAL IMPACT 3,416 SF
GRAPHIC SCALE 1"=50'
Note: See Overall Wetlonds Impact Map For Area Location
~---
25 0
25
50
I
75
WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYO~S
111 MacKenan Drive Cary, North Carolina 27511 tet: 919-469-3340 tal(: 919-467-6008 www.withersraveoel.com
FIGURE 1: AREA OF WETLANDS
WINDSOR TRACT
WAKE COUNTY NORTH CAROLINA
APEX
280 SF
TOTAL IMPACT
---
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PROPOSED IMPACTS
A4 WETLAND IMPACT
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. -- r'" /' , 1\ lL..1'......... II / / ..-(1
--' ~ / I/!r / / 'V I \ \ \', :c..... --- , .: / / /' 1'1 \ \
. - ./: / / ........." 't--, '......... ---' / --
GRAPHIC SCALE '''=50'
Note: See Overall Wel/ands Impact Map For Area Location
~--
25 0
25
50
I
75
WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYO~S
nGURE 2: AREA OF WETLANDS
WINDSOR TRACT
111 MacKenan Drive Cary, North Carolina 27511 tel; 919~69-ll40 fax.: 919-467-6008 www.wirhersravenetcom
APFX
WAKF r.nllNTY
NnRTH r.ARnI INA
PROPOSED IMPACTS
AS 20' WIDE CREEK CROSSING )0 IF
TOTAL IMPACT a.o IF
:;bLf
--
100' FEMA
FLOOD PLAIN
./
./
./
/
SS
/
~-Ij
~ \ r
GRAPHIC SCALE I" = 50'
Note: See Overall Weflands Impact Map For Area Location
~---
25 0
25
50
I
75
WITHERS & RAVENEL
ENGINEERS I PLANNERS I sURVEYO~S
111 MacKenanOrive Cary,NO<1hCaroliltiZ7511 lel,919-469-3340 fa,,919-46HOO8 www.witl1ersravenel.oom APFX
nGURE J: AREA OF WETLANDS
WINDSOR TRACT
WAKF r.nIINTY
NnRTH r.ARnt INA
WITHERS &' RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
MEMORANDUM
TO:
Todd Preuninger
FROM:
Peter Duberow
DATE:
February 1, 2005
SUBJECT:
Sanitary Sewer Outfall Location, Windsor Tract
W&R No. 203186
The sanitary sewer outfall that is aligned between lots 11 and 12 and continues behind lots 14, 15,
and 16 has been located here for several reasons. Depth of the sewer main,interaction with the
Cardinal Pipeline Company and lack of other options resulted in the proposed location of the sewer
line. Below is a brief description of the design history behind this sanitary sewer outfall.
The line was originally designed in the R001 Right of Way with the sewer line making an easterly
crossing of the Cardinal gas line at station 23 + 16. The review Engineer for Cardinal asked that this
crossing be relocated. His reasoning was that their existing gas pipeline would be significantly
encumbered with utility easements as well as the road right of way making maintenance or line
replacement difficult if not impossible by reasonable methods. For this reason the crossing was
moved approximately 200' east to coincide with the back of lot 16
The depth of the sewer line was also a significant factor. The cul-de-sac at the end of R002 is 7-ft
below the intersection of R001 and R002. The service elevation of lot 12 is another7-ft below the
cul-de-sac. The result was sanitary sewer depth in excess of 20-ft at the intersection. The depth issue
continued south from this intersection because the existing topography of the site slopes down
gradient from west to east at 10% +/- in this area. The downhill lots resulted in 17-ft - 20-ft sanitary
sewer depths for 700-If of sewer line. This creates both a construction and maintenance issue.
One other alignment scenario was considered. An alignment that paralleled the storm drain that runs
between lots 10 and 11. It was not feasible because BMP 1 is located at the terminus of this storm
drain. As a constructed wet pond, the Town of Apex would not permit a sewer line to run through it.
While this alignment would theoretically service the cul-de-sac, it did not improve the serviceability
of lots 14, 15, and 16.
111 MacKenan Drive Cary, North Carolina 27511 tel:919-469.3340 faX:919-467.6oo8 www.withersravenel.com
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 1/25/05)
Print this form, fill in information and sign, and either mail to NCEEP, 1652 Mail Service Center, Raleigh,
NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or Agent * TO"j:)b '?72f; UNIAlC7tR
2. Name of Business * S:> If.,. c.fVVI'foNME.N7Al, Co/llStAL.IJ\11t15. l'A
3. Street Address * ~
1/0/0 "R A Vf,fJ 1</ DC?t. 1<b,
4. City, State, Zip * 'KJ\t.fJbH J NC- 2 )(p 14
5. Telephone * (Cf /q) B 4& ~ SCfoo
6. Fax ('110{) 9 t-11tJ ' qL-/fJ '7
7. E-mail 'j)n.ElJNl/lJ0e.R e SANDt'-. COM
8. Project Name * WljVO~'R -r~T
9. Project Location * A'Pg'f." ) tJC-
10. Lat-Long Coordinates 7ZdQJ-./' 2111 N 76 o,5"t Zu" VJ
11. River Basin * CAPE FEA~
12. Cataloging Unit (S-digit) *** 03o'?:> 0004
13. Project County * WAKE
14. Riparian Wetland Impact * 0.25 acres
15. Non-Riparian Wetland Impact * N/A acres
16. Coastal Marsh Impact * filA- acres
17. Stream-Cold Impact * IV/A feet
18. Stream-Cool Impact * !'JIlt feet
19. Stream-Warm Impact * N/Ir feet
20. ** Buffer-Zone 1 Impact * Nlir square feet
21. ** Buffer-Zone 2 Impact * N/A square feet
22. ** Buffer-Total (Zone 1 + Zone 2) * AJlk square feet
Date: 2//'6/05 Signature of Applicant or Agent:
Attachments? 0 Yes h(No
" " " "
* Required information; zero answers In 14-22 should be indicated With 0 or N/A, not left blank.
** Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
*** Go to EPA "Surf Your Watershed" http://cfpub.epa.qov/surf/locate/index.cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw@ncmail.net
NC Division of Water Quality
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Tran # Invoice
6217 0311053
Type
Invoice
Date Reference
03111/058779.Wl
Date:
03/11/05
Balance
$200.00
050467
~~@[~WW~@
MAR 1 4 2005
DENR - WATER aUAlllY
WEllANDS AND STORMWATER BRANCH
Check Number:
Check Amt:
Discount
$0.00
017440
17440
$200.00
Pay Amount
$200.00
~