19950087 Ver 1_COMPLETE FILE_19950110

State of North Carolina
Department of Environment,
Health and Natural Resources AW4?.
Division of Environmental Management -f?I
James B. Hunt, Jr., Governor C
Jonathan B. Howes, Secretary ? H N F=1
A. Preston Howard, Jr„ RE., Director
April 20, 1995
Mr. D. R. Bryan, Jr.
Sunset Forest, LLC
5036 Sunset Forest Circle
Holly Springs, NC 27540
Re: Mitigation for road crossing on Phase V of Sunset Ridge
Dear Mr. Bryan:
Thank you for your letter explaining the logistical and financial
constraints to moving the road in question and restoring those
wetlands that were illegally destroyed by its construction. Your
agreement to create or enhance wetlands elsewhere on the property
is greatly appreciated. If executed properly, this option for
mitigation would benefit not only your project but could also result
in an overall gain in wetland function.
Danny Smith and Cherri Smith informed me of the proceedings of
their field meeting with Doby Blackmon on April 10. They were
encouraged by the opportunities for mitigation on this property. In
particular, they recommended that the pig farm be used as
mitigation for the road since this property offered the greatest
potential for enhancing wetland functions.
In the course of this field meeting, Mr. Blackmon requested that
personnel from this office outline the measures necessary to
restore/enhance this site. Since simply removing the pigs and trash
from this site will greatly improve the condition of the wetland, the
measures outlined below are not labor or cost intensive. They are
measures to insure that the site will remain wet and that understory
vegetation will successfully recolonize.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action rmployer 50% recycled/ 10% post-consumer paper
The hydrology of the site is probably being maintained by seepage
from the upslope pond as well as from the berm that was built to
provide a pool for pigs to wallow in. Since the berm has begun to
deteriorate, we ask that you refurbish the berm so that water can
continue to pond at the lower reaches of this property. If the pond
at the upper reaches of this property is drained, the top portion of
the wetland will most likely begin to dry up. If you decide to
acquire this property and maintain the pond, no further measures to
protect the hydrology of the wetland will be necessary.
On the other hand, if the pond remains in different ownership with
the possibility of being drained, measures should be taken to
enhance the ability of the wetla nd to retain water by building two
berms. These berms should be spaced within the hog farm to split
the property into approximately three equal portions. These berms
can be made out of earth and s hould be approximately six inc hes
above the elevation of the edge of the wetland all the way acr oss the
floodplain.
The understory vegetation on this mitigation site has been
completely denuded by hog rooting and much of the topsoil has
eroded away. We ask that you take wetland topsoil that has been
permitted to be disturbed on other areas of your property and
spread it at least six inches deep between the two berms mentioned
above. In this way, the area will have a source of wetland seeds and
shoots to facilitate revegetation.
My phone number is 733-1786 if you would like to discuss any of
these issues further.
Sincerely,
R. Dorney
Ter 11 W
visor, 401 C rrtifi(rtification Group
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
August 14, 1995
t_7-MO
A A4?
DEHNR
r0: Mike Ortosky
Soil and Environmer.-a_ Consultants
FROM: John Dor
DEM
RJ: Comm ents on conceptual mitigation plan
Suns et Lake development
DEM # 95087
Wake County

Attached are comments on ycur plans to Yestore/ enhance about
..14 acres of wetlands at the Devils Ridge development. Our T.ain
concern is that of maintains:.~g ydrology on the site if the
upstream pond is drained. Score measure must be made to ensure
the continuation of effective h-?drology. Rcn Ferrell may co=ent
directly to you on the plan.
If you have any comments, clease call ne at 733-1786. ?e
_ook forward to reviewing the ne:;t draft of the plan.
cc: Ron Ferrell
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0635 Telephone [phone] FAX [phone]
An Equal Opportunrfy Affirmative Action _mar yer 50% recycled/ 10% post-consumer paper
DIVISION OF COASTAL MANAGEMENT
July 24, 1995
RECEIVED
MEMORANDUM 'JUL 2 6 1995
To: John Dorney `NV'RUNM--,"'Ls NCFS
From: Cherri Smith
Subject: Comments on Draft Mitigation Plan for Sunset West Development
The draft mitigation plan is a start, but there are a few major points that still need to be
addressed. Since I do not have a copy of the letter that I sent the developers back in May (7)
outlining some of the issues to be addressed, I am making these comments from memory. The
letter should still be in the filing cabinet in my old office, and I also left a copy on the desktop of
my computer.
The major deficiency of this plan is that it provides no details on how hydrology will be
maintained for the long term. As far as I know, there is no certainty that these developers will
be able to purchase the pond that is located just upstream of the hog pen. Seepage from this
pond contributes a significant portion of the water to this site. If the pond is drained, it is
probable that the upper reaches of this mitigation site will dry up. If the pond is not in the
ownership of the Sunset West developers, then other provisions will need to be made to ensute.
the maintenance of hydrology.
The species list for the planting plan also requires some revision. The two species, Myrica
cerifera and Salix nigra, should be deleted from this plan. The indicator status of M. cerifera is
only FAC+ and, therefore, it seems incompatible with the rest of the wetter species listed.
Moreover, S. nigra is a weedy, invasive species that will probably eventually colonize the site
anyway. Species such as Itea virginica and Nyssa sylvatica would be more preferable substitutes
to this list. Since the area is badly trampled and the soil is compacted, some provision for
aerating the soil such as plowing should also be made before any planting is done.
F •
2 Soil & Environmental Consultants, Inc.
44 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
Mr. John Dorney
DEHNR-DEM c+
P.O. Box 29535
Raleigh, N.C. 27626-0 5
June 29, 1995

JuL 1? ?yy?

DECEIVED
JUL 3IYY5
ENVY ONNI'FNT.4l.3CILW'EG,
„N

Re: Draft of mitigation plan for
Dear Mr. Dorney:
# 95087 - Sunset West Development.
Enclosed is a draft of the proposed mitigation plan relative to the above mentioned project
in response to your request to review a draft version (to be submitted by July 1, 1995).
This draft is represents our concept for the mitigation at this point and is submitted for
comment by yourself, Ron Ferrell and others. It is not intended as a complete version.
We are developing detailed planting plans and specifications to be added soon. Please
review and contact me with comments and suggestions and/or if someone from your office
would like to visit the site. Thank you.
Sincerely, /
J Ort ky, Jr /
ertified Pr essionaI S ' S ntist
cc: Ron I~ ell
D. R. Bryan
Doby Blackmon

Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Intent
This mitigation plan has been developed in response to the permitted filling of 0.57 acre of
wetlands in the Sunset West Development (Devils Ridge) associated with construction of
a road crossing and utility line placement. The mitigation will be an enhancement of in-
kind and out-of-kind wetlands on-site at a 2:1 ratio, resulting in 1.14 acres of enhanced
wetlands. The target site is a delineated wetland within a "hog pen" east of Holly Springs
and southeast (about 1800') of the intersection of state roads 1393 and 1152 in southern
Wake County (see accompanying site location map). The site is in the headwaters of an
unnamed tributary of Basal Creek and intersects Basal Creek below Bass Lake and above
Sunset Lake (see accompanying topographic map).
Goals and Functions
P
The goal of this mitigation is to restore Nal value within the target wetland to levels
similar to the original conditions in both t Oetarget and reference wetlands. Additional
functional value is sought through the diversity of wetland types to be enhanced.
Enhancement of the target site will result in forested and freshwater marsh wetland types.
Some of the functional values of the target wetland will be; 1) water storage, 2) pollutant
removal, 3) dispersal corridor, 4) wildlife and aquatic life habitat, 5) educational value of
enhancement process.
Measurement of the success of the mitigation project will be relative to those functional
values. Enhancement of the water storage, pollutant removal, and aquatic life aspects of
the site may be assumed through maintenance of the open water portion of the site via
stabilization of the road fill and outlet and stabilization of the upslope portions of the hog
pen. Further enhancement of pollutant removal in addition to enhancement of wildlife
habitat qualities may be assumed though the successful re-establishment of a native
wetland plant community. Additionally, the functional value as a dispersal corridor may
be assumed once a native plant community connects the forested wetlands to the south to
the headwater areas to the north. Overall, success is tied to the establishment of viable
wetland plant communities in the areas designated and stabilization of the road fill and
outlet.
Site
The site is within the headwaters of a small, first order stream in the Piedmont section of
Wake County. The site represents the interface between groundwater and intermittent
surface water flow and a true fluvial environment, There is little evidence of headwater
flooding and overbank flow above the shallow impounded area (see below). Primary
hydrologic input is from discharge of lateral groundwater flow and intermittent channel
flow. The surrounding geology is material comprised of gneiss, schist, and granitic rocks.
The soils on the upland are in the Appling, Cecil, and Pacolet soil series. The soil in the
wetland area is mainly in the Worsham soil series, a poorly drained soil which typically
occurs in headslopes. Most of the soils in the wetland sites of the area are poorly drained
soils in flood plains or headslopes with bottomland hardwood forest cover.
The target wetland is within a hog pen where about a dozen hogs and several ducks use
the site. The surface of the site is degraded from the traffic and rooting by the hogs.
Surface soil material is continuously trampled in wet conditions, resulting in poorly
structured, soupy material in the upper portions (2" to 6") across the site. Significant
amounts of organic material from feed and animal feces occur on and in the surface
variably across the site. Erosion has occurred as a result of surface degradation, rainfall,
and the resulting sheet and channel flow across the site. Many of the upper root systems
of the site shrubs and trees are exposed as a result. In most cases the roots have
developed bark and are adapting to the exposed conditions. The lower portions of the
wetland are comprised of saturated and inundated vium. Additionally, there is
considerable structural material (fencing of w o wire other material) scattered
,,P
around the southern portion of the site.
Most of the target wetland is forested ith a canopy of sweet gum red maple, black
gum, and some tulip poplar. The understory is sparse and comprised of holly, alder, and
highbush blueberry. Ground cover is nearly non-existent due to grazing and degradation.
A portion of the non-inundated areas are bare and open to direct sunlight.
A portion of the site is a shallow ponded area and, although observed in a period of high
rainfall, likely maintains some level of water throughout the wetter times of the year. The
area may dry up in drought conditions. There are two small channels which converge in
the lower part of the target wetland, one (east) flowing from the outlet of a pipe from the
principal spillway of a small pond above the wetland, the other simply drains the headslope
of the western drainageway. There was significant seepage of groundwater out of the
lower sideslopes during the time of observation (June, 1995) which likely occurs
throughout much of the year, as indicated by the hydric soil conditions within those areas.
The edge of the ponded area within the hog pen has a dominantly bare edge with the
exception of dead snag trees along the northwestern edge. The fencing along the southern
portion is slightly above the soil road, just into the open water, leaving the edge vegetated
with sedges, Juncus, lizard's tail, black willow, and other herbaceous and grass-like
species. The only aquatic life observed during the June, 1995 site visit was an occasional
frog and one water turtle.
The bottom of the target wetland is bounded by remnants of an old soil road which lead to
a field east of the site. Some portions of the road are fill, about 12" to 24' high, above
normal grade which causes shallow (about 24" deep) impounding of water in the
immediate upstream area. There is one small overflow area on the west side of the road
fill which acts as an outlet to the downstream side. The freeboard (height above
waterline) on the road fill was about 6" in June, 1995 and there is evidence of overflow at
other points along the fill during high flow periods.
In general the target wetland area is comprised of three basic conditions:
* Forested areas of dense canopy, sparse understory, and no ground cover.
* Open areas of variably saturated (by horizontal flow in upper portions) soils, no
vegetation.
* Open, shallow, turbid water of fluctuating depth with no emergent or aquatic
vegetation.
Mitigation Plan
The intent of the mitigation is to remove degrading factors from the wetland and restore a
native plant propagule base to encourage infill of local, wetland native plant species in
response to the existing hydrology. Plant material will be added to the site (see planting
specifications and plan). Propagules from those plants along with existing site propagules
will be relied on for regeneration of the plant community. No alteration to the existing
hydrology is planned other than the minor renovation of the road fill in order to stabilize
the fill, define the outlet, and provide outlet pr ction. Appropriate hydrology is assumed
since hydric soil characteristics and indicyetland hydrology exist within the
delineated wetland area. It is ass tinuous site degradation by the hogs is the
prime factor in the loss of the nati and cover and small understory wetland plant
communities and that once this factor is removed and mitigated, the normal plant
community will return.
The proposed mitigation effort will involve two basic phases; I) enhancement and II)
monitoring and evaluation. The enhancement will be comprised of four steps;
1) remove all livestock and structural material from within the enhancement area,
2) temporarily lower water level (just prior to step 3),
3) plant marsh/emergent vegetation in pond edge zone (spring planting),
4) make minor modifications to the road fill and outlet and restore water to
existing level,
5) plant and mulch non-ponded open areas anytime after step 1 (fall planting for
shrubs/trees, spring for marsh/emergent) and plant ground cover in forested
areas.
Note: If the threat of depredation by ducks, geese or other wildlife or domestic
animals is present in the area at time of installation, the enhancement site
will be fenced appropriately to protect the installation.
The monitoring/evaluation phase will begin prior to installation, be carried out by
mitigation designer, and will include;
1) pre-construction/planting meeting with contractor,
2) daily site inspection during installation,
3) final inspection after all site work is complete, preparation of appropriate
completion of work statement, preparation of breif as-built report, sketch plan,
and documentary photos,
4) site inspection early in first growing season,
5) site inspection at end of first growing season and preparation of letter of
evaluation, documentary photos, and suggested treatment of any failed areas,
6) site inspection during late growing season of second and third years with
documentary photos and letter of evaluation at end of third growing season.
The success of the project as well as management of the site will be the responsibility of
the owner. Long-term impacts to the wetland as a result of on and off-site development is
an unknown at this point. It is assumed that once the site is deemed a success by the
appropriate regulatory agency it will maintain all of the protection afforded to
jurisdictional wetlands in the future and may incur additional protection as a result of its
status as a mitigation site (i.e. any proposed impacts within site may require additional
mitigation).
Planting Plan F
0
Three basic planting approaches are pp Q osed at the target site:
1) shade-tolerant ground cover species in forested areas (e.g. Saururus cernuus, Leersia
oryzoides, Carex intumescens)
2) sun-loving plants of various forms (ground cover, shrubs, trees) in more open areas
(e.g. Juncus effusus, Alnus serrulata, Myrica cerifera, Salix nigra)
3) marsh/emergent vegetation around littoral zone of ponded area (e.g. Saururus
cernuus, Juncus effusus, Pontederia cordata, Peltandra virginica, Sagittaria
latifolia, Cephalanthus occidentalis)
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Concept Planting Plan
To be followed by detailed planting plans and specif catic
Scale : 1" = 100'

View to the east along centerline of old road fill.

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View from south side of ponded area showing structural material (barrels, fencing)
and primary outlet.

Site.
? ?
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
woo
?EHNR
May 1, 1995
Wake County
DEM Project # 95087
APPROVAL of 401 Water Quality Certification ADDITIONAL CONDITIONS
Mr. D. R. Bryan
Sunset Lake Ltd. Partnership FILL,
5036 Sunset Forest Circle,
Holly Springs, N.C. 27540
Dear Mr. Bryan:
You have our approval to place fill material in 0.57 acres of wetlands or waters for the purpose of
constructing a road crossing and utility line at Sunset West Development (Devils Ridge), as you described in
your application dated 24 January 1995. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Numbers 2664 and 2671. These certifications allow you to use
Nationwide Permit Numbers 12 and 26 when they are issued by the Corps of Engineers.
This approval is only valid 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. For this approval to be
valid, you must follow the conditions listed in the attached certification. Compensatory mitigation shall be done
by the applicant at one of two sites - 1) underneath the power line (wetland creation at a 1.5:1 ratio) or 2) at the
"pig farm": location (wetland enhancement at a 2:1 ratio). Final site selection shall be made by the applicant on
or before 1 June 1995 with submittal of a draft mitigation plan by 1 July 1995. In addition, you should get any
other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 30 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding
unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401 of the
Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
1 '?I C,? rt
on How d, Jr.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorsey
Central Files
Kevin Martin; Soil and Environmental Consultants
Ron Ferrell 95087.1tr
R0, Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Notice of Violation
Sunset Lake Limited Partnership
Page -2-
Please submit a written response to this Notice of Violation
prior to March 6, 1995. This response should include a detailed
explanation regarding the cause and extent of the fill prior to the
401 Certification and your suggestions on resolving this matter.
The Division will review your response and determine if any civil
penalties are warranted and if an after the fact" 401
Certification can be issued.
Please note that this and other violations of 15A NCAC 2H
.0500 can result in the assessment of civil penalties.
If you have any questions, please contact Mr. Danny Smith at
[phone] or me at [phone].
Sincerely,
John Dorney
Wetland Supervisor
/ds
cc: Kevin Martin - S&EC
U.S. Army Corps of Engineers - Amy Ohlberg
Steve Tedder - Water Quality Section Chief
Division of Environmental Management
February 17, 1994
RETURN RECEIPT
REQUESTED
Sunset Lake Limited Partnership
1330 Ashleybrook Ln.
Wisnton -Salem, NC 27103
Subject: Notice of Violation
401 Water Quality Certification
Sunset Lake West
DEM Project No.000087
Wake County
Dear Mr. Sirs:
An application for a 401 Water Quality Certification for the
subject project was received by the Division on January 26, 1995.
The application requested certification for Nation Wide Permits 12
and 26 for a total impact of approximately .57 acres of waters and
wetlands for the development of a residential subdivision.
Mr. Danny Smith of the Raleigh regional Office contacted your
consultants, Soil and Environmental Consultants, Inc. (S&EC) to
schedule a site visit to evaluate the proposed impacts requested in
this application. Mr. Smith conducted the site inspection on
February 13, 1995 with Mr. Larry Sink of S&EC. At the time of the
inspection Mr. Smith observed that the majority of the impacts to
waters and wetlands had been completed. Specifically, crossings,
filling, and grading for roads (the proposed footprint) had been
nearly completed.
The 401 Water Quality Certification (WQC) is required by
Section 401 of the Clean Water Act whenever an activity which
requires a Section 404 permit is conducted. The WQC is a
determination by the Division that state water quality standards
will not be violated by the proposed activity. Due to the fact
that the waters and wetlands had been impacted, Mr. Smith was
unable to fully evaluate the wetlands and determine if water
quality standards would be protected. Therefore, you are hereby
notified that you are in violation of 15A 2H .0500. All work which
impacts waters and wetlands should immediately cease.
VICINITY MAP

,

ptiOD of pcvpvsod work (Al=b PLANS-8 112" X 11" deSwinP OWY)-
$truct.ion of roads, lots and utilities for si develo men _i 1 ?. ?v pm orrvposed word E x a n
la. Stew reasons wt[y the applicapt bdi a c'?i e d 1 e tcta?elr d fur o mW S & Eris, Also, noto measures
takes to a WMLW wetland imparts.
is. YoFram to Contact the V.S. Fish and Wddlifa Service MMWS) axWor NatMCW Marine Fishcries Savice (N? pace or any F
f listed dr proposed for Miss t d"Ie rod a adeatcuod ? yr critical
habitat that may be affected the proWsod pro*L Have you done w7 ES `" NO t l . -
RESPONSW FROM THE USFWS AND/OR NIB'S SHOULD BE FORWARDED TO CORPS.
16. Yao are required to ooatact to Stw Hi unk Proservadoa Offim (SM) mgwiA g to presence of historic
mponift in rho permit rtes which may be 4%vd0d by dw VopoW projoa7 Have, you done so? YES C 1 NO t 1.
RBSFONSE FROM THE SHPO SHOULD BE FORWARDED TO CORM. .
17. Additional information required by V M:
A. Wetland dolineadw MV showing aft wadvAs, st{w= and lakes va the propaty.
B. If availsbie, represa+a"Ye photograph of wetlands to be Wpscved by project.
C. If deliamdon was perf=acd by a aoosuitant, unlade as data sheets raievaut to the plat of the
daliaauiou 1 -
D. If a gormw"w managewAmt plan is required for thin project, attach copy.
or K ll f a_
E. Wbat "land usG of it=(=diu9 Pt'OP"7 Re-S i den t i al "a
P If applksbtc, who is proposed method of wwa'p di Fxw? ' municipal e w r A
mss. Ipstura Data
TOTAL P.01
ACTION ID:
Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
Sunset Lake Limited Partnership
2. Owners Address: 1330 Ashleybrook Ln., Winston-Salem, NC 27103
3. Owners Phone Number (Home): (Work): 919/765-0160
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc .919/8.46-5900
244 W. Millbrook Rd.
Raleigh, NC 27609
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City: Holly Springs
Specific Location (Include road numbers, landmarks, etc.): Ad i a c e n t t o S r 13 9 3, S r 115 2
and Basal Creek
6. Name of Closest Stream/River. Basal Creek
7. River Basin: Npu 4P
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO 11
9. Have any Section 404 permits been previously requested for use on this property? YES (x] NO [ ]
If yes, explain. See ' attached S&EC letter, _
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
unknown
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
26
Filled: 3 5 5 12
Drained:
Flooded:
Excavated:
Total Impacted: • 5 5 .018
I
Please call if you have questions or require further information.
Sincerely,
Kevin C. Martin,
President
Encs.
cc: Mr. Danny Smith (DEM)
Mr. David Franklin (Wilmington Corps)
USF&WS
NC Dept of Cultural Resources
National Marine Fisheries
Doby Blackmon
KCM/jmb
Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
January 24, 1995
NRCD-DEM USACOE
Attn: Mr. John Dorney Attn: Ms. Amy Ohlb#,,
4401 Reedy Creek Rd. 6512 Falls of the Neu 4 . SE. TO'5"-`-"`
Raleigh, NC 27607 Raleigh, NC 27615-6846' )AN s 195 I
Dear Mr. Dorney and Ms. Ohlberg:
The purpose of this letter is to request "after the fact" additions to an existing
Section 401 Water Quality Certification and Nationwide Permits for the project
previously known as the Sunset West Development currently called Devils
Ridge owned by SSL Limited Partnership. The project is located near Holly
Springs, NC (Wake County) and is bordered by SR #1393, SR # 1152 and Basal
Creek as shown on the enclosed plans. The original permits were for a golf
course and two different residential developments each owned by a different
entity but for regulatory purposes they were considered one project
Our firm has performed the detailed wetland delineation shown on the attached
map for this new property which has been added to the project. These
delienations have been approved by Mr. Eric Alsmeyer and/or Ms. Amy
Ohlberg of the U.S. Army Corps of Engineers.
Fill in the wetlands will be required to utilize the property for residential
development utilities and roads. Significant revisions were made to the
proposed development plan of this tract which minimized wetland impacts.
Total impacts by the current plan in this area are .568 acres (see map) of wooded
jurisdictional wetlands above headwaters for placement of the proposed
development .55 Acres (see map) will be filled under Nationwide Permit 26
and .018 acres will be impacted by utility lines.
Previously a total of 3.34 acres was authorized for the entire development (both
residential areas and the golf). Nationwide Permit 14 acreage was .51 and
Nationwide 26 was 2.83 acres.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
WETLAND RATING WORKSHEET Fourth, Version,
Project name c Nearest roa 132 z
County W Hand area acres Wetland width feet
nr-
Name of evaluat .___Date `1
.
We"tland location Adjacent land use
(within,, 112 mile upstream,; upslope,
? on pond or lake "`. or radius
nn" erennial.stream.
ternlittant'stream forested/natural vegetation
on i
B
(? within interstxeam, dividle F agriculture, urban/suburban ?°'a
ro
? other F] impervious; surface
Dominant vegetation
14 6??,
Soll''series 77-
(2) Pi edominantly, ,organic u
(3)
muck; or peat
? predominantly mineral non-sandy
? predominantly sandy", , Flooding and wetness
? semipermanently to_ olermanently
flooded or inundated,
Hydraulic factors
seasonally --flooded or inundated
?? intermittantiy flooded or temporary
?stee topography
surface `water
? ditched or? channelized
Plotal wetland width '>100, feet ? no evidence of flooding or surface
water
Wetland type (select one)* a'
? Bottomland hardwood forest / ? Pine savanna
Headwater forest[ .- •y? ? ? Freshwater marsh
? Swamp forest ,,?-_ tp a cc-.y`? ? Bog/fen
? Wet flat ? Ephemeral wetland
? Carolina Bay
? Pocosin
? Bog forest ? Other
*The rating system cannot be applied to salt or brackish marshes or stream channels
weight
Water storage x 4.00 = Wetland Score
Q Bank/Shoreline stabilization x 4.00 = h
00
Pollutant removal * x 5.00 =
Wildlife habitat_ x 2.00 =
S
Aquatic life value x 4.00
U?1 Recreation/Education 9t x 1.00 =
,
* Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
iiiiiiiiiiiiiiiiiiZi"Illiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii"lilZilliliiiiiiiiiiiiiiiiiiZIIIIiIlliIIIZZiziiiiiiiiiiiiiiiiiiiiiiiiiiiiiii/
57
Sunset Lake West Development
Wake
Permit No. 0000087
This project has impacted wetlands grater than a third of an acre
prior to receipt of their 401 Certification. It is the RRO's
determination that these wetlands have significant function and
they were avoidable.
It is the RRO recommendation that the permittee be minimally
required to remove the fill, return the site to original grade, and
restore the impacted area with wetland species. In addition
standard requirements for deed restrictions should also be imposed
for wetlands on lots that are not proposed to be impacted.
Please see attached draft NOV. If you have questions or wish a
conduct a site visit please call.
/ds
SUNSET FOREST, LLC
5036 Sunset Forest Circle
Holly Springs, NC 27540
[phone]
April 13, 1995
Mr. John R. Dorney
NCDEHNR, Div of Environmental Mgmt
PO Box 29535
Raleigh, NC 27626-0535
Re: Phase 5 at Sunset Ridge
Project #95087
Dear Mr. Dorney:
qp RFc???F?
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As discussed in our meeting of April 7, 1995, Sunset Forest,
LLC, was unaware that the pasture acreage purchased from
David Van Nest et ux contained any wetlands. There was
nothing apparent that caused us to question our assumption
regarding the property; therefore, we proceeded with the
construction of our approved street. You indicated that DEM
might consider forcing us to restore the disturbed wetlands,
and we would like to request alternate mitigation through
the creation or enhancement of wetlands elsewhere on the
property.
One possible resolution is to cul-de-sac the street in
question as shown on the attached Alternative 1. We strongly
oppose that street configuration in view of our development
scheme for the property. Our intention is to create a
pedestrian-friendly community, with interconnecting streets
and sidewalks, to provide for easy foot- and automobile-
traffic circulation. The new Holly Springs elementary school
is scheduled to open in 1996, and we want to make it safe
and convenient for the neighborhood children to walk or bike
to school. Our broader plans call for the development of
offices, shops, and other service providers adjacent to the
residential areas as further incentive to decrease
automobile use and encourage the sense of community. We
prefer not to alter our intended street pattern in a manner
that would conflict with those goals. The expected cost of
such street design alteration is $45-50,000, plus the loss
of one lot, for a total cost of $85-90,000.
J. Dorney/DEM
April 13, 1995
page 2
A second possible solution is to relocate the existing
street as shown on the attached Alternative 2, a solution to
which we are also opposed. We prefer not to alter the
planned street configuration because of the costs involved.
The expected cost of such street relocation is $70-75,000,
plus the loss of one lot, for a total cost of $110-115,000.
The third alternative, and the one which we strongly
advocate, is the creation or enhancement of wetlands else-
where on the property as shown on the attached Alternative
3. Doby Blackmon met with Danny Smith and Cherri Smith to
review this option on April 10. We would appreciate your
giving Alternative 3 your consideration.
We reiterate that we have not intentionally operated outside
the regulatory framework of NCDEHNR/DEM, and we look forward
to a successful resolution of this matter.
Sincerely,
SUNSET FOREST, LLC
D.R. Bryan, Jr., Manager
DRB/eh
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BLACKMON ENGINEERING SERVICES
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NCNB BUILDING, PH. 772-8205
GARNER. NC 27529
PROJECT:
No. Description Unit Quantity Unit Price Total

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04-13-1995 02:45PM FROM BRYAN PROPERTIES, INC
BRYAN PROPERTIES, INC.
5036 Sunset Forest Circle Holly Springs NC 27540
[phone] Fax [phone]
TELEFAX COVER LETTER
TO
7332496 P.01
DATE: TOTAL PAGES :
TO:
FROM :
RE:
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?RON,yENI,q vSCIENCES
04-13-1995 02.45PM FROM BRYAN PROPERTIES, INC. TO
SUNSET FOREST, LLC
5036 Sunset Forest Circle
Holly Springs, NC 27540
[phone]
April 13, 1995
Mr. John R. Dorney
NCDEHNR, Div of Environmental Mgmt
Po Box 29535
Raleigh, NC 27626-0535
7332496 P.02
Re: Phase 5 at Sunset Ridge
Project $95087
Dear Mr. Dorney:
As discussed in our meeting of April 7, 1995, Sunset Forest,
LLC, was unaware that the pasture acreage purchased from
David Van Nest et ux contained any wetlands. There was
nothing apparent that caused us to question our assumption
regarding the property; therefore, we proceeded with the
construction of our approved street. You indicated that DEM
might consider forcing us to restore the disturbed wetlands,
and we would like to request alternate mitigation through
the creation or enhancement of wetlands elsewhere on the
property.
One possible resolution is to cul-de-sac the street in
question as shown on the attached Alternative 1. We strongly
oppose that street configuration in view of our development
scheme for the property. Our intention is to create a
pedestrian-friendly community, with interconnecting streets
and sidewalks, to provide for easy foot- and automobile-
traffic circulation. The new Holly Springs elementary school
is scheduled to open in 1996, and we want to make it safe
and convenient for the neighborhood children to walk or bike
to school. Our broader plans call for the development of
offices, shops, and other service providers adjacent to the
residential areas as further incentive to decrease
automobile use and encourage the sense of community. We
prefer not to alter our intended street pattern in a manner
that would conflict with those goals. The expected cost of
such street design alteration is ;45-50,000, plus the loss
of one lot, for a total cost of $85-90,000.
04-13-1995 02:46PM FROM BRYAN PROPERTIES, INC. TO 7332496 P.03
J. Dorney/DEM
April 13, 1995
page 2
A second possible solution is to relocate the existing
street as shown on the attached Alternative 2, a solution to
which we are also opposed. We prefer not to alter the
planned street configuration because of the costs involved.
The expected cost of such street relocation is $70-75,000,
plus the loss of one lot, for a total cost of $110-115,000.
The third alternative, and the one which we strongly
advocate, is the creation or enhancement of wetlands else-
where on the property as shown on the attached Alternative
3. Doby Blackmon met with Danny Smith and Cherri Smith to
review this option on April 10. We would appreciate your
giving Alternative 3 your consideration.
We reiterate that we have not intentionally operated outside
the regulatory framework of NCDERNR/DEM, and we look forward
to a successful resolution of this matter.
Sincerely,
SUNSET FOREST, LLC
D.R. Bryan, Jr., Manager
DRB/eh
enclosures
04-13-1995 02:46PM FROM BRYAN PROPERTIES, INC. TO 7332496 P.04
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04-13-1995 02:47PM FROM BRYAN PROPERTIES, INC. TO 7332496 P.05
BLACKMON ENGINEERING SENvit;tb
HWY. 50, GARNER PLAZA SHOPPING CENTER
"" "UIL?ING, PH. 772-92^F
GARNERo NC 27529
PROJECT:
No. Description Unit Quantity Unit Price Total
low- 440
I-Apo.
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Signature, 'f ,11'1 ?w..•?i? -? -_ Page of
04-13-1995 02:47PM FROM BRYAN PROPERTIES, INC. TO 7332496 P.06
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04-13-1995 02:49PM FROM BRYAN PROPERTIES, INC. TO 7332496 P.07
j BLACKMON ENGINEERING SERVICES.
HWY. 50, GARNER PLAZA SHOPPING CENTER -
NCNB BUILDING, PH. 772-6205
'i GAANER, NC 27529
I 1 "'w 1
PROJECTe ?IIO
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No. Description Unit Quantity Unit Price Total.
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Signature 3 -q Page -A-- of _?__
04-13-1995 02:49PM FROM BRYAN PROPERTIES, INC. TO 7332496 P.08
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04-13-1995 02:50PM FROM BRYAN PROPERTIES, INC. TO
BLACKMON ENGINEERING SERVICES
HWY. 50, GARNER PLAZA SHOPPING CENTER
"!3 BUILDING, PH. 772"'
GARNER, NC 27529
7332496 P.09
PROJECT:
No. D
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N.C. DEPT. OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES
Environmental. Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: N, t=,.a 91- GCr,n n,r? I FAX NUMBER:
PLEASE DELIVER I Volc; :
FROM: -N-,o l "% J of s"
PHONE: "-] 3-? -
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SUNSET FOREST, LLC
5036 Sunset Forest Circle
Holly Springs, NC 27540
[phone]
March 24, 1995
Mr. John R. Dorney
NCDEHNR, Div of Environmental Mgmt
PO Box 29535
Raleigh, NC 27626-0535
Re: Phase 5 at Sunset Ridge
Project #95087
Dear Mr. Dorney:
RECEIVED
AMR 2 81995
ELI RONt uSCIEIV?ES
We received yesterday from Kevin Martin of S&EC a copy of
your letter dated March 1, 1995, addressed to Sunset Lake
LP. We had not previously seen the communication because it
was mailed to an office we vacated in October, 1992, and was
not forwarded to our current location in Holly Springs. We
did not realize that DEM had been given an invalid address
for correspondence and apologize for the confusion.
We can certainly appreciate your concern over our "apparent
lack of regard for the permitting system", but please
understand that we have not intentionally ignored the
regulations and have in fact been waiting for further
information from your office for several months. Sunset
Forest, LLC, is a company whose 4 owners are coincidentally
4 of the 43 partners of SSL Limited Partnership. At the time
we began construction of the road, we had no idea that
Sunset Forest, LLC, would be considered the same entity as
SSL Limited Partnership. Through previous development
activities, we were aware that no permit was required when
disturbing less than 1 acre. Since we were under the 1-acre
limit, we believed we did not need to seek a permit from
DEM. The problem we now face arose when Sunset Forest, LLC,
and SSL Limited Partnership were linked as entities last
November. We have been awaiting a resolution and have not
disturbed additional wetlands since November, 1994.
J. Dorney/DEM
March 24, 1995
page 2
We reiterate that we have not intentionally
the regulatory framework of NCDEHNR/DEM and
the opportunity to meet with you to resolve
quickly as possible. Please telephone me at
to arrange a meeting at your convenience. We
hearing from you.
Sincerely,
SUNSET FOREST, LLC
r --
ge
r
D.R. Bryan, Jr6.ana
operated outside
would welcome
this matter as
the number above
look forward to
DRB/eh
State of North Carolina IF
Department of Environment,
Oealth and Natural Resources
Division of Environmental Management
MOM
James B, Hunt, Jr_ Governor ?E HNF I
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director March 1, 1995
Wake County
Project # 95087
Sunset Lake Ltd. Partnership
1330 Ashleybrook Lane COPY
Winston-Salem, N.C. 27103
was
Dear Sirs:
The Division of Environmental Management, Water Quality Section has reviewed your plans for the
discharge of fill material into an additional 0.6 acres of waters and/or wetlands (total wetland fill for project has
been 3.34 acres) located at Sunset Ridge, Phase V in Wake County for residential development. Based on this
review, we have identified significant uses which would be removed by this project. These uses are water
storage, streambank, stabilization and pollutant removal. Furthermore, insufficient evidence is present in our
files to conclude that your project must be built as planned in waters and/or wetlands. Therefore, we are moving
toward denial of your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C.
Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically
can you redesign your road crossing so as to only cross the lower end of the wetland rather than crossing
through it twice? We believe that either a cul-de-sac at the edge of the wetland or a relocated road alongside the
wetland is feasible. We are aware that the road has been constructed but remind the applicant that this was done
without authorization. Since we believe that these wetlands have significant uses and the fill is avoidable, be
aware that removal of the fill and wetland restoration will likely be required by DEM. We urge you not to
conduct future fills until written approval from the Corps of Engineers and DEM is given. We believe that this
matter is very serious and are concerned over the apparent lack of regard for the permitting system displayed by
this project. DEM plans to continue to make periodic site visits to this property to ensure compliance with the
Clean Water Act. A conservation easement/deed restriction will likely be required for all lots with jurisdictional
wetlands. Finally wetland fills for this entire development have reached a threshold where mitigation will likely
be required for future wetland fill. We recommend that you begin to pursue measures to accommodate
mitigation.
Any documentation such as maps and narrative that you can supply to address alternative designs for
your project may be helpful in our review of your 401 Certification. Please respond within two weeks of the
date of this letter by sending a copy of this information to me and one copy to our Mr. Danny Smith at the
Raleigh Regional Office at 3800 Barrett Drive, Suite 101, Raleigh, N.C. 27609. I can be reached at 919-733-
1786 if you have any questions.
qn elDo
er Quality Certifi n Program
cc: Raleigh DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
Kevin Martin; Soil and Environmental Consultants
Amy Ahlberg; Raleigh Field Office COE 95087.nty
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
March 161 1995
DEM RECEIVED
Attn: Mr. John Dorney MAR 17 199'J 1
4401 Reedy Creek Road
Raleigh, NC 27607 ENVIRONMENTAL SCIENCES
Dear Mr. Dorney:
The purpose of this letter is to respond to your 3/3/95 letter concerning the
Devil's Ridge Project I have attempted to answer your questions by using the
same maps I submitted with the 1/12/95 application package. I am not
including the entire Devil's Ridge project since not all areas have changed. I am
only including the "old permit map" section for the area we are requesting a
revision in. The map I originally submitted indicated the original acreage
impact, location and permit type for the old section so I am sending the same
map. The new map showing revised impacts included location and acreage of
impacts but did not indicate permit type, this has been added to the map.
If the enclosed information does not satisfactorily address your questions please
call.
Sincerely, LL ?
Kevin C. Martin
President
cc: D.R. Bryan
Via Facsimile: 552-3802
KCM/jmb
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
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46 Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone]M Fax [phone]
January 24, 1995
NRCD-DEM USACOE
Attn: Mr. John Dorney Attn: Ms. Amy Ohlberg -- - - ,
4401 Reedy Creek Rd. 6512 Falls of the Neuse. kd'?I 86e.409 ',".I 1 ? [ ?
Raleigh, NC 27607 Raleigh, NC 27615-6$46
JAN 61995
Dear Mr. Dorney and Ms. Ohlberg:
The purpose of this letter is to request "after the fact" additions to an e)dsting
Section 401 Water Quality Certification and Nationwide Permits for the project
previously known as the Sunset West Development currently called Devils
Ridge owned by SSL Limited Partnership. The project is located near Holly
Springs, NC (Wake County) and is bordered by SR #1393, SR # 1152 and Basal
Creek as shown on the enclosed plans. The original permits were for a golf
course and two different residential developments each owned by a different
entity but for regulatory purposes they were considered one project
Our firm has performed the detailed wetland delineation shown on the attached
map for this new property which has been added to the project These
delienations have been approved by Mr. Eric Alsmeyer and/or Ms. Amy
Ohlberg of the U.S. Army Corps of Engineers.
Fill in the wetlands will be required to utilize the property for residential
development utilities and roads. Significant revisions were made to the
proposed development plan of this tract which minimized wetland impacts.
Total impacts by the current plan in this area are .568 acres (see map) of wooded
jurisdictional wetlands above headwaters for placement of the proposed
developn?ent .55 Acres (see map) will be filled under Nationwide Permit 26
and .018/acres will be impacted by utility lines.
Previously a total of 3.34 acres was authorized for the entire development (both
residential areas and the golf). Nationwide Permit 14 acreage was.51 and
Nationwide 26 was 2.83 acres.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Please call if you have questions or require further information.
Sincerely,
Kevin C. Martin,
President
Encs.
cc: Mr. Danny Smith (DEM)
Mr. David Franklin (Wilmington Corps)
USF&WS
NC Dept of Cultural Resources
National Marine Fisheries
Doby Blackmon
KCM/jmb
ACTION ID:
Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATM: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Sunset Lake Limited Partnership
2. Owners Address: 1330 Ashleybrook Ln., Winston-Salem, NC 27103
3. Owners Phone Number (Home):
(Work): 919/765-0160
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc .919/846-5900
244 W. Millbrook Rd.
Raleigh, NC 27609
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City: Holly Springs
Specific Location (Include road numbers, landmarks, etc.): Ad i a c e n t t o S r 13 9 3, S r 115 2
and Basal Creek
6. Name of Closest Stream/River. Basal Creek
7. River Basin: Neu s p
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO P9
9. Have any Section 404 permits been previously requested for use on this property? YES [x ] NO [ ]
If yes, explain. See-attached S&EC letter. _
10. Estimated total number of acres of waters of the U.S., including wetlanas, located on project site:
unknown
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
26
Filled: *55 12
Drained:
Flooded:
Excavated: n 1 A ?.
Total Impacted:. 5 5 .018

ption of prvposod work (Attach pLANS-8 1/2' X 11" drawings OWY): :.
,Struct.ion of roads, lots and utilities for si develo men
FIIPvrpm orptopmd wo& E x a n
14. Steca rtiasot>s why tbo appliCegt baltcres tta tta c1t1 e d 1 e tc waled ftu to 1weStl&aFds, Also, AOtC nlCdsures . `•
tul= to auaimize wetland impaM.
13. You ace to contact the V.S. Fish pad W44% Service MSFWS) and/or Na6ooal I?Qariae Z"uhcries Serrice
MIFS) It t the preaaace of any F IisoCd OC parOpotaed tCs 1 S a tbreat a spoC? or critical
( . - `.._
p?? FS (" NO
ip wu that may be effected DY ?c propoeod pcojoct. H?vc yc?a d= so?
habitat -
Rj!SFONSES FROM TM vSFWS AND/OR NMFS SHOULD BE FORWARDED TO COI"S.
16. yvv we required to contact d o SUW 1llstotiC Prese?vadatt Oi?tleet (SEGO) a8 ? presexc of hisobria
rvpaties in tM permit ayes which may be 05a,.- W by Ox Proles p90j0d? HAYS YOU dove so? YES C J NO ( J.:_ `•.
XWPONSE FROM THE SWO SHO= BE FORWARDED TO COM.
17. Additivaai informadou r"10irad by I)Elri:
A. Wetland &UMetim mep showing all wodods, weans. and W= M the prdpcrty.
B. If avdilabla, mprawtatire photograph of wc4mWs to be *acsed by pcojvct.
C. If del awdon Maw performaA by a wwWtan4 inrl+rde all data 3b=U rekvW m the placemW of the
delinaatioa liaa. D. If a sna WAW t PIM Is MquhW for this project, sthch OM'
E. What i; farad UW Df aari0t n"g propwg? _ie s ii dentj,ai o Rural- d P, xel im p is d -
Fif appllcabbo, whu i$PMP"edmedt0d of sew - &VOW? -m u n i c i p a 1 e w r A
G 1 s
OwafferSIPUM Date 1,1Z11
TOTAL P.01
VICINITY MAP

0 9?)n X? I
? Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
January 24, 1995
NRCD-DEM USACOE _
Attn: Mr. John Dorney Attn: Ms. Amy Ohlberg
4401 Reedy Creek Rd. 6512 Falls of the Neuse Rd ,'Sty' 1
Raleigh, NC 27607 Raleigh, NC 27615-6846
JAN 61995
Dear Mr. Dorney and Ms. Ohlberg:
The purpose of this letter is to request "after the fact" additions to an existing
Section 401 Water Quality Certification and Nationwide Permits for the project
previously known as the Sunset West Development currently called Devils
Ridge owned by SSL Limited Partnership. The project is located near Holly
Springs, NC (Wake County) and is bordered by SR #1393, SR # 1152 and Basal
Creek as shown on the enclosed plans. The original permits were for a golf
course and two different residential developments each owned by a different
entity but for regulatory purposes they were considered one project.
Our firm has performed the detailed wetland delineation shown on the attached
map for this new property which has been added to the project. These
delienations have been approved by Mr. Eric Alsmeyer and/or Ms. Amy
Ohlberg of the U.S. Army Corps of Engineers.
Fill in the wetlands will be required to utilize the property for residential
development utilities and roads. Significant revisions were made to the
proposed development plan of this tract which minimized wetland impacts.
Total impacts by the current plan in this area are .568 acres (see map) of wooded
jurisdictional wetlands above headwaters for placemgnt of the proposed
development. .55 Acres (see map) will be filled under Nationwide Permit 26
and .018 acres will be impacted by utility lines.
Previously a total of 3.34 acres was authorized for the entire development (both
residential areas and the golf). Nationwide Permit 14 acreage was.51 and
Nationwide 26 was 2.83 acres.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Please call if you have questions or require further information.
Sincerely,
Kevin C. Martin,
President
Encs.
cc: Mr. Danny Smith (DEM)
Mr. David Franklin (Wilmington Corps)
USF&WS
NC Dept of Cultural Resources
National Marine Fisheries
Doby Blackmon
KCM/jmb
ACTION ID:
Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Sunset Lake Limited Partnership
2. Owners Address: 1330 Ashleybrook Ln., Winston-Salem, NC 27103
3. Owners Phone Number (Home):
(Work): 919/765-0160
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc .919/846-5900
244 W. Millbrook Rd.
Raleigh, NC 27609
5. Location of work (MUST ATTACH MAP). County:
Wake
Nearest Town or City: Holly Springs
Specific Location (Include road numbers, landmarks, etc.): Ad i a c e n t t o S r 13 9 3, S r 115 2
and Basal Creek
6. Name of Closest Stream/River. Basal Creek
7. River Basin: N P u s e
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ I NO [xl
9. Have any Section 404 permits been previously requested for use on this property? YES [x ] NO [ I
If yes, explain. See-attached S&EC letter, _ -
10. Estimated total number of acres of waters of the U.S., including wedanas, located on project site:
unknown
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed Project:
26
Filled: 5 5 12
Drained:
Flooded:
Excavated:
Total Impacted: • 5 5 .018

ption of propoood work (Attach PLANS-8 312" X 11" drrwin`s oaly): :.
?truct.ion of roads, lots and utilities for si PnHal develo men
Purpose Of pta ow wost ,E x a n
14. Staoo mesons wiry to IiCAUt bslievCSt ihac?Yi el e?tcte r d fur o mw S &$EC?. Also, note JriCts .
tahea to attAin? w4aad pecu.
uIred to Contact de U.S. Fish cad R;i dhia Service (USFWS} azdlvs Nadona111Qarine Fisheries Service
13. You ate rvq
?)) tho puce 0fraAy Fe HsTd of purOposod for listing t de?rxod vc threawacd gPWI or critical
zea by the prapoeCd pcoloCt Have yaa dace ao? FS `x NO[
babisat in Damn arcs flat m$y be atfoc??'
RESPONSES FROM THE USFWS AM= NWS SHOilI.D BE FORWARDED TO CORPS.
16. You arc mpired to coated tba $tW Histatk P nevadon Officer (SHPO) Np raq the presence of h6wrla
ptowciee in The permit sr+aa which may be 40WIed by rho peop%W projat? Hxvc you done so? YES [x J NO
XOPONSE FROM THE SITY0 SHOULD BE FORWARDED TO CORM.
17. Addid=4 infoce Wou regWred by DM-
A. Worland dollnesdott aaap sbowtug alt wotlands, Mvams, SW WZS oo the property
B. if avdlable, mptesocttodys photoVrRb of wetlands to be impacted by project.
C. if delltasation wet perf=20 by a cooahant, include all data dwets rekvaat to the placement of the
delineulon 1laG.
D. V a sk mwator mu a t plan Is regnlrod for this project, attach copy. .:
E. Wbat is lsad fret of auroundiPg pt'Opmty? ., L e.,51 d e n 1+.1.131 n r K u r a Lsti-T- n p la d
P. If Appueew what is proposed method of W'NW disposal? 'municipal ew r
r
s• tpsttu+a Data
TOTAL P.01
VICINITY MAP

i