HomeMy WebLinkAbout20040678 Ver 1_COMPLETE FILE_20040426
AA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
August 5, 2004
KB Home
1100 Navaho Drive, Suite GL3
Raleigh, NC 27609
Subject Property: Bingham Station, Garner, NC
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-0678
Wake County
Page 1 of 2
APPROVAL of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate
To Whom It May Concern: `
You have our approval, in accordance with 15A NCAC 02B .0'33 and any conditions listed below, to
impact approximately 275.7 ft2 of Zone 1 and 1,718.96 ft2 of Zone 2 of the protected riparian buffers for
the purpose of constructing the proposed sewer line at the subject, property as described within your
application dated June 15, 2004. 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.
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 authorization and approval letter and is thereby responsible
for complying with all conditions. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Authorization Certificate are:
1. Impacts Approved - The following impacts are hereby approved as long as all of the other specific
conditions of this Authorization Certificate are met. No other impacts are approved including
incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Buffers 1,994.66 (square ft.) Sewer Line
2. Buffer Mitigation (EEP) - You are required to mitigate for parallel Zone 1 impacts to the protected
riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian
buffers is 827.1 square feet (i.e., 275.7 x 3 = 827.1) as required under this Authorization Certificate and
15A NCAC 2B .0242 (buffer mitigation rule). We understand that you wish to make a payment into the
Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to
meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to
meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7)(buffer mitigation rule),
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NofthCarohna
Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands NaLuirmi/m
KB Home / DWQ Project No. 04-0678
Page 2 of 2
August 5, 2004
this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B
.0233(10)(buffer protection rule). Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions
concerning payment into the Riparian Buffer Restoration Fund. You have one month from the date of
this approval to make this payment. For accounting purposes, this Authorization Certificate
authorizes payment into the Riparian Buffer Restoration Fund to compensate for 827.1 fe of
required riparian buffer mitigation for impacts to 275.7 fe of protected riparian buffers; 03-04-02
river and subbasin, 27-43-9 stream index number."
3. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non-
erosive velocities through the protected stream buffers and will not re-concentrate before discharging
into the stream as identified within 15A NCAC 2B .0233(5).
4. Certificate of Completion - Upon completion of all work approved within this authorization, and
any subsequent modifications, the applicant is required to return the attached certificate of completion
to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a. decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. \This Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives"determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786.
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers (USAGE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either of these waters.
Sincerely,
Alan W. Klimek, P.E.
AWK/JRD/bz
Enclosures: Certificate of Completion
cc: Scott Mitchell, Spaulding & Norris, 972 Trinity Road, Raleigh, NC 27607
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 040678BinghamStation(Wake)Buffer
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr.; Secretary
Alan W. Klimek, P.E:, Director
NORTH CAROLINA DIVISION OF WATER QUALITY
AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0233, KB Homes has permission as outlined below to impact
protected riparian buffers for the purpose(s) of constructing the proposed sewer line. All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached
Authorization Certificate. THIS AUTHORIZATION CERTIFICATE IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.: 04-0678
Date: August 5, 2004
LOCATION: Garner
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (river/subbasin); 27-43-9 (sttpam index no.)
As required by 15A NCAC 213.0233 , you are required to compensate for the above impacts through the
restoration, creation, enhancement or preservation of wetlands, surface waters and/or buffers as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
0 acres of Class WL wetlands
0 acres of riparian wetland
0 acres of non-riparian wetland
0 feet of stream channel
827.1 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this
option, please sign this form and mail it to the EEP at the address listed 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 HAVE RECEIVED NOTIFICATION THAT
YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
(919) 733-5208
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733.6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands
Date
NorthCarohna
Natural&
Design Consultants
WETLANDS 1401 GROUP
972 Trinity Road
Raleigh, North Carolina 27607
Transmittal
Date: o6/15/2004
401 ?SS4?E'uIN r 5 2004
WATER QUALITY SECTION
Job. No: 497-04
To: NC Division of Water Quality, Central Office
TEL 919.854.7990
FAX 919.854.7925
4
- ? Q100
//j
2'121 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-226o
Attn: Mr. John Dorney
Re: Pre-Construction Notification Application for Bingham Station Sanitary Sewer Outfall
Sending:
® Attached ? Under separate cover the following
via items:
® Prints/Plans ? Shop Drawings ? Specifications ? Samples
? Other:
'r
Remarks
Copv to:
Scott Mitchell
Transmitted for: ` ,,/
® Your use ? Approved as submitted ? Resubmit ? Copies for approval
? As requested ? Approved as noted ? Submit ? Copies for distribution
? Review and comment ? Returned for ? Return ? Corrected prints
'WETLANDS 140i GROUP
June 15, 2004 401 JUN 1. 5 2004
D? WATER QUALITY SECTION
Mr. John Dorney
NC Division of Water Quality
Central Office Cyl
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604 - 2260
Re: Pre-Construction Notification Application Form for the Bingham Station,
Sanitary Sewer Outfall, in Garner, NC - Addendum
Dear Mr. Dorney,
Attached you will find the completed PCN Application Form for the installation of an
additional leg of the offsite sanitary sewer outfall that is intended to serve the proposed
Bingham Station Subdivision. This application is an addendum to the previous
application (April 23, 2004) for the proposed sewer outfall, which was approved on June
3, 2004 by the USACE (Action ID Number 200421022) and by the NC DWQ on May 4,
2004 (NC DWQ Project Number 04-0678). This application is specifically for a section
of the sanitary sewer outfall along the western edge of Bryan Road. If any impacts are
proposed for residential portions of Bingham Station Subdivision, an additional PCN
Application will be submitted for those impacts. Currently, no additional impacts are
proposed for the residential portions of the subdivision.
Included with this PCN Application is a Neuse Buffer Impact Map labeled sheet EX -
"Bingham Station Subdivision Sanitary Sewer Outfall Neuse Buffer Impacts" that
identifies the two areas that have temporary Neuse Riparian Buffer impacts proposed.
Impact Areas indicate Neuse Riparian Buffers that will have sanitary sewer installed
across them. The two proposed impact areas are within the existing right-of-way of
Bryan Road and are entirely grass and herbaceous vegetation.
Please do not hesitate to contact me if you have questions, comments or concerns about
this application. Thank you in advance for your time spent reviewing this permit
application.
Sincerely,
Scott Mitchell
Environmental Engineer/Soil Scientist
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: None
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: KB Home
Mailing Address: 1100 Navaho Drive
Suite GL3
Raleigh NC 27609
Telephone Number: 919 871 0092 Fax Number: 919 871 0442
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Scott Mitchell
Company Affiliation: Spaulding & Norris, PA
Mailing Address: 972 Trinity Road
Raleigh NC 27607
Telephone Number: 919 854 7990 Fax Number: 919 854 7925
E-mail Address: scott(kVauldingnorris.com
Page 5 of 12
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bingham Station - Sanitary Sewer Outfall
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1629.01-29-2730, 1629.01-08-3891, 1619 - 88 -
6291
4. Location
County: Wake Nearest Town: Garner
Subdivision name (include phase/lot number): Bingham Station
Directions to site (include road numbers, landmarks, etc.): The property is located at the
intersection of Bryan Road (SR2707) and Ackerman Road (SR 2709) in Garner.
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.3395 acres (area located within sewer easement)
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Mahlers Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The easement is located along the western edge of Bryan
Road. The grass and herbaceous vegetation within the easement is mowed regularly by the
NC DOT. The vicinity of this project is undeveloped with the exception of a small trailer
park located to the West.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed work will provide an offsite sanitary sewer connection to the existing City of
Raleigh System.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
an outfall sewer connection to an existing outfall sewer system and is intended to serve the
proposed Bingham Station 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 ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
This application serves as an addendum to the previously approved application, submitted on
April 23, 2004. The previous application was for the sanitary sewer outfall from the intersection
of Bryan and Ackerman roads to the existing line located to the southwest. The previous
application was approved by the USACE on June 3, 2004 (Action ID Number 200421022) and
the NC DWQ on May 4, 2004 (DWQ Project Number 04-0678. The previously approved
impacts include temporary impacts to 0.03 acres of wetlands, 0.16 acres of buffers, and 84 linear
feet of streams.
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 permit requests are anticipated for this project. However, if impacts are unavoidable
for the residential portions of the project, the Owner will submit an additional permit request for
those impacts as required.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 7 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed impacts include two
temporary impacts to Neuse Buffers resulting from the installation of the sewer outfall.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
None
* 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 athitp://www.fema.go .
*** 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:
0.0000 acres (Within Easement)
Total area of wetland impact proposed: 0.0000 acres proposed
3. Individually list all intermittent and perennial stream impacts below
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)
None
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0.0000 LF
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
y
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ean, etc.
None
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The monosed sewer outfall was designed to avoid and minimize impacts as much as practical.
The proposed outfall will be located within the current right-of-way of Bryan Road to eliminate
permanent Neuse buffer impacts.
VIlL 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
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
No mitigation plan is proposed.
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/wW/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): None
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): None
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* s uarpe f t Multiplier Mltquatin
1 (275.70 Temp) 3 None
2 (1,718.96 Temp) 1.5 None
Total (1,994.66 Temp) None
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 11 of 12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Buffer mitigation is not required for proposed impacts.
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.
No impervious acreage will be added as a result of the installation of this sanitary sewer with the
exception of manhole lids in locations indicated. To prevent sedimentation issues, silt fence will
be installed to protect environmentally sensitive areas
.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The outfall sewer will flow to the City of Raleigh Sanitary Sewer System and waste will
subsequently be treated by the City of Raleigh Waste Water Treatment Plant.
XHL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an aver-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Vtr,y c /I"
Applicant/Agent's Signature Date '
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
_ SPAULDlIo G & NORPIS, PA
r Land Planning - Civil Engineering - Environmental Engineering
AGENT AUTHORIZATION FORM
ALL BLANKS TO BE FILLED IN BY CURRENT LANDOWNER
Name: -a v..,
Address:
Phone:
Project Name/Description:
Date: 3
M
bell
,4 HL I-S CSC 1
J
The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
Attn: - AlS. JGh ?; ?i? 9
m,,, e7?(
Field Office: A &Ze,. 6 h,
Re: Wetlands Related Consulting & Permitting
To Whom It May Concern:
I, the current property owner, hereby designate and authorize Spaulding & Norris, P.A., to act on my
behalf as my agent in the processing of permit applications, to furnish upon request supplemental
information in support of applications, etc., from this day forward. This the /,k ? day of
This notification supercedes any previous correspondence concerning the agent for this project.
1 ld [Y 1?' r U? 46224) -
PRINT Owner's Name WP TY O er's Signature
Cc: Mr. John Dorney
NCDENR - Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
972 Trinity Road ? Raleigh, North Carolina 27607 ? Phone: (919) 854-7990 ? Fax: (919) 854-7925
`o?OF w N r?RQG
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
Coleen H. Sullins, Deputy Director
6 t Division of Water Quality
May 4, 2004
Wake County
DWQ Project # 04-0678
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
KB Home
1100 Navaho Drive, Suite GL 3
Raleigh, NC 27609
Subject Property: Bingham Station
You have our approval, in accordance with the attached conditions, to impact 0.03 acres of wetlands,
0.16 acres of buffers acres of protected riparian buffers, and 84 feet of stream for the purpose of
installing a sanitary were outfall as you described in your application dated April 23, 2004. After
reviewing your application we have decided, this fill is covered by General Water Quality Certification
Number 3374. This Certification allows you to use Nationwide Permit Number 12 when the Corps of
Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .0233).
In addition, you should get any other federal, state or local permits before you go ahead with your
project: including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
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 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. This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached'.
certification and those listed below.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service; Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Page 2
KB Home
May 4, 2004
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.
Sincerely,
imek, P.E.,
D Q, Director
JRD/bs
Attachments: Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Roy Conoly, Spaulding & Norris, 972 Trinity Road, Raleigh, NC 27607
DWQ # 04-0678
1101?ko?n
U.S. ARMY CORPS OF ENGINEERS;
Wilmington District
Action ID: 200421022 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Authorized
Owner KB Home Agent Spaulding & Norris
Attn: Patrick G. Sullivan Attn: Scott Mitchell
Address 1100 Navaho Drive, Suite GL3 Address 972 Trinity Road
Raleigh, NC 27609 Raleigh, NC 27607
Telephone Number 919-871-0092 Telephone Number 919-854-7990
Size and Location of Property (waterbody, Highway name/number, town, etc.): The proposed sanitary sewer
easement is approximately 1.6 acres in size and will serve the proposed Bingham Station subdivision. It begins at
the intersection of Bryan Road (SR 2707) and Ackerman Road (SR 2709) and runs southwest to an existing
sanitary sewer easement on the west side of Mahlers Creek, southeast of Garner, Wake County, North Carolina.
The proposed easement crosses wetlands and stream channels, with indicators of ordinary high water marks,
located adjacent to Middle Creek, above headwaters, in the Neuse River Basin.
Description of Activity: This permit authorizes mechanized land clearing, excavation, installation of sewer line,
and placement of backfill associated with the construction of a sanitary sewer line. Temporary impacts to waters
authorized by this permit total 0.051 acre, which includes 0.028 acre of wetlands and 84 linear feet of stream
channel.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
12 Nationwide Permit Number(s)
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject
the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department
of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of
the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee
may need to contact appropriate State and local agencies before beginning work. If you have any questions
regarding the Corps of Engineers regulatory program, please contact Jennifer A. Burdette
at telephone number (919) 876-8441 ext. 22
This verification will be valid for two years from the date of this letter unless the nationwide authorization
is modified, reissued or revoked. Also, this verification will remain valid for the two years if, during that
period., the nationwide permit authorization is reissued without modification or the activity complies with
any subsequent modification of the nationwide permit authorization. If during the two years, the
nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit, activities which have
commenced (i.e., are under construction) or are under contract to commence in reliance upon the
nationwide permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Regulatory Project Manager Signature ."41 /-? . &
Authorization Date June 3, 2004 Expiration Date June 3, 2006
Action ID: 200421022 County: Wake
SPECIAL PERMIT CONDITION
Regional Conditions
Utility Line Installations
The areas of waters of the United States that are disturbed will be limited to the minimum necessary to
install the utility line. The construction corridor authorized by this permit will not exceed forty (40) feet
in width in the wetland areas.
Upon completion of the work, only a twenty (20) foot wide maintenance corridor or less is allowed by
this permit within the wetland areas.
Permittee shall seed wetland areas with wetland seed mixture only. Fescue grass will not be utilized
in the wetland areas.
Recommended by the North Carolina Wildlife Resources Commission:
1. Permittee shall install in-stream silt curtain weighted at the bottom, and stringent bank erosion
control. If tree removal is required, stumps and roots should remain intact for bank stabilization.
2. Permittee shall initiate in-stream construction activities only during low flow conditions that allow
for the effective deployment of the silt curtain.
3. Permittee shall install silt fences and temporary check dams at all wetland and stream crossings to
be removed following completion of the activity and proper stabilization of disturbed soils within
the work area.
4. Permittee shall seed wetland areas with wetland seed mixture only. Species selection shall be
subject to Corps approval.
0
A FFR
.. QG
y
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 4, 2004
Wake County
DWQ Project # 04-0678
i..
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
KB Home
1100 Navaho Drive, Suite GL 3
Raleigh, NC 27609
Subject Property: Bingham Station
You have our approval, in accordance with the attached conditions, to impact 0.03 acres of wetlands,
0.16 acres of buffers acres of protected riparian buffers, and 84 feet of stream for the purpose of
installing a sanitary were outfall as you described in your application dated April 23, 2004. After
reviewing your application we have decided, this fill is covered by General Water Quality Certification
Number 3374. This Certification allows you to use Nationwide Permit Number 12 when the Corps of
Engineers issues it. This approval is also valid for the Neuse `River buffer rules (15A NCAC 2B .0233).
In addition, you should get any other federal, state or local -.permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
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 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. This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached'
certification and those listed below.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
N. C. Division of Water Quality, 401 Wetlands. Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
t D
Page 2
KB Home
May 4, 2004
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob.
Zarzecki at 919-733-9726.
Sincerely,
.hmek, P.E.,
Director
JRD/bs
Attachments: Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Roy Conoly, Spaulding & Norris, 972 Trinity Road, Raleigh, NC 27607
DWQ # 04-0678
April 23, 2004 01 O U L
Ms. Jennifer Burdette
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
046676
WETLANDS 1401 GROUP
APR 2 6 2004
Mr. John Dorney
NC Division of Water Quality WATER QUALITY SECTIO?
Central Office
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604 - 2260
Re: Pre-Construction Notification Application Form for the Bingham Station,
Sanitary Sewer Outfall, in Garner, NC
Dear Ms. Burdette and Mr. Dorney,
Attached you will find one copy of the completed PCN Application Form for the
installation of an off - site sanitary sewer outfall that is intended to serve the proposed
Bingham Station Subdivision. If any impacts are proposed, a second PCN Application
will be submitted to you for this subdivision and its associated impacts necessary to
construct the site when the design and the wetland delineation is complete.
Included with this PCN Application is an Impact Map labeled sheet EX - 1 ""Bingham
Station Subdivision Sanitary Sewer Outfall " that identifies 4 areas that have stream,
wetland or Neuse Riparian Buffer impacts. Impact Areas indicate streams, wetland and
11,1euse Riparian Buffers that will have sanitary sewer and the associated easement
installed across them. Impacts to the wetland unit located in Impact Area # 4 were not
delineated or concurred on but estimated see attached photos for justification. Proposed
stream crossings are as close to parallel as practicable. Please find attached to the
application "Mahlers Glen Outfall " map that details the previous location and the
relocation of the sewer outfall. The outfall has been redesigned to avoid and minimize
impacts to environmentally sensitive areas. Also attached are pictures of the sewer outfall
location that will illustrate that the easement is mostly covered with grassed and
herbaceous vegetation.
Please do not hesitate to contact me if you have questions, comments or concerns about
this application. Thank you in advance for your time spent reviewing this permit
application.
Sincerely,
Roy Conkly
Environmental Scientist / Construction Manager
FILE COPY
4-791)() s Fn.?: (???y) ???4 !y?5 0 072 1111111y R,,Id e Rjlk 1?,h. N„irli i:;u„lin,i .-o-
Office Use Only: Form Version May 2002
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
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: KB Home
Mailing Address: 1100 Navaho Drive
Raleigh NC 27609
Telephone Number: 919 871 0092 Fax Number: 919 871 0442
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Roy Conoly
Company Affiliation: Spaulding & Norris, PA
Mailing Address: 972 Trinity Road
Raleigh NC 27607
Telephone Number: 919 854 7990 Fax Number: 919 854 7925
E-mail Address: roygspauldingnorris.com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bingham Station - Sanitary Sewer Outfall
2. T.I.P. Project Number or State Project Number (NCDOT Only)
N/A
3. Property Identification Number (Tax PIN): 1629.01-29-2730, 1629.01-08-3891, 1619 - 88 -
6291
4. Location
County: Wake Nearest Town: Garner
Subdivision name (include phase/lot number): Bingham Station
Directions to site (include road numbers, landmarks, etc.): The property is located at the
east of the intersection of Bryan Road (SR2707) and Ackerman Road (SR 2709) in Garner.
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1.60 acres (area located within sewer easement)
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Mahlers Creek
River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httt)., /h2o z nr state C U S'adt713T1`t-nap`.; )
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The majority of this easement is grass and herbaceous
vegetation. The majority of land use in the vicinity of this project is undeveloped with the
exception of a small trailer park located north of the sewer outfall. Please refer to photos of
easement located within application package.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed work will provide an off - site sanitary sewer connection to the existing City o
Raleigh System.
11. Explain the purpose of the proposed work:_ The purpose of the proposed work is to provide
a sewer connection to an existing sewer system and is intended to serve the proposed
Bingham Station Subdivision. A second PCN Application will be prepared if any impacts are
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
This is the first application filed for this project. No prior history exists for this project
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.
The Owner will submit a additional permit request for this project for any impacts that are
necessary to construct the Bingham Station Subdivision Once the design is complete wetland
delineation and approval of delineation by USACE and NCDWQ Agencies a separate
application will be submitted for any impacts necessary for it's construction.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Proposed impacts include three
temporary impacts to streams (2 with Neuse Buffers) resulting from sewer crossings. Permanent
and temporarypacts to Neuse Buffers related to the crossings and easement locations. Also a
temporary impact to a wetland.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
4(Proposed - Temp) San. Sewer 0.028 Yes 0 Forested Wetland
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httD:/iwww,.fema.2ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.028 acres temp.
(Within Easement)
Total area of wetland impact proposed: 0.028 acres temp. proposed (within easement)
3. Individually list all intermittent and perennial stream impacts below
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(pleasespecify)
I (Proposed - Temp) Sewer Crossing 15 UT to Mahlers Creek 10' Perennial
4(Proposed - Temp) Sewer Crossing 35 Mahlers Creek 20' Perennial
4(Proposed - Temp) Sewer Crossing 34 UT to Mahlers Creek 4' Intermittent
x List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap.
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
«_VV_«_us?,_W( V. Several internet sites also allow direct download and printing of USGS maps (e.g., tx om wn ,
a na?xtu ; _Oir, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 84 if (All Temporary)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Page 8 of 12
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed sewer outfall was designed t_o_ avoid and minimize impacts as much as practical
with the exception of where crossings were necessary. Hence the crossings were designed to as
close to parallel as practical. Please refer to "Mahlers Glen Outfall" to review the previous
location of the proposed sewer easement and the new location that minimizes and avoids impacts
to Neuse Buffers.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
I tlp:Hh2o.enr.state:nc.us/newettands/strmi ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The Owner does not propose mitigation for proposed impacts.
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 tit ;//h2u enr.state_ c.us/wry/index.ntr 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): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) land?
Yes ? No
Page 10 of 12
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 4% No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 (Penn. 2,556 Temp. 555) 3 None
2 (Perm. 926 Temp. 2,942) 1.5 None
Total ((Perm. 3,482 Temp. 3,497) None
Gone l extends out 30 teet 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.
Buffer mitigation is not required for proposed impacts.
Page 11 of 12
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.
No impervious acreage will be added as a result of the installation of this sanitary sewer with the
exception of manhole lids in locations indicated To prevent sedimentation issues silt fence will
be installed to protect environmentally sensitive areas.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The outfall sewer will flow to the City of Raleigh Sanitary Sewer Systems and subsequently
treated by the City of Raleigh WWTP.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No N
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).
Wpplk#n> Ageifff s Signature Date
(Agent's signature is valid bnl-ylf an authorization letter from the applicant is provided.)
Page 12 of 12
P.
Engineering - Environmental Engineering
AGENT AUTHORIZATION FORM
ALL BLANKS TO BE FILLED IN BY CURRENT LANDOWNER
Name:
Address:
Phone:
Project Name/Description: 'E.-
Date: 3
The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
Attn:
Field Office: ?a / ' ?? LA ./, h.,.
Re: Wetlands Related Consulting & Permitting
To Whom It May Concern:
M A l1'?- ? '.s Cwt! €? )
I, the current property owner, hereby designate and authorize Spaulding & Norris, P.A., to act on my
behalf as my agent in the processing of permit applications, to furnish upon request supplemental
information in support of applications, etc., from this day forward. This the_ day of
This notification supercedes any previous correspondence concerning the agent for this project.
PRINT Owner's Name J /41 ROPERTY O er's Signature
Cc: Mr. John Dorney
NCDENR - Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
972 Trinity Road ? Raleigh, North Carolina 27607 ? Phone: (919) 854-7990 ? Fax: (919) 854-7925
i4
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seVN e. Easement - Facing West (Approx. location between manhole #6&7)
-AAI
Sewer Easement. Stake represents manhole location #5. Facing South.
Facing north. Sewer Easement located in grass area. (Between manholes #3
& 4)
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Sewer Easement. Stake represents manhole location #4. Facing south
Impact Area #4 (Intermittent Stream)
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Impact Area # 4 (Intermittent Stream)
Existing Manhole that Mahler's Glen Outfall will tie into. Impact Area #4
kk r?? ?? ? ,1 L:3?
'3e'e'° ?` c'- •x p? ,A( J. y 4L wry`. -
-4 4W
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Sewer Easement - Facing west - Between Manholes 97 & #8
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Sewer Easement - Facing west - Between Manholes 46 & #7
RnFl F WN R H1P AN I TIN _sl1BDMSION EXEMPn01~+/FASEMENT DEDICATION JONES C.'F GA
SAUSAGE
~0 RD' I HEREBY CERTIFY THAT f AM THE OWNER OF THE PROPERTY DESCRIBED so H1y}, HEREON, WHICH PROPERTY 1S WITHIN THE SUBDIVISION REGULATION PLANNING DIRECTOR (PRINT) 7° TOWN OF GARNER
JURISDICTION OF THE TOWN OF GARNER, THAT I FREELY ADOPT TH1S
PLAN OF SUBDIVISION. - PLANNING D1REClOR (SIGNATURE) DATE
TOWN OF GARNER
= A° N D ~ _ DATE OWNER (PRI TE )
~ ~ N 9 O
~ OWNER (SIGNATURE) 0
m 0
a ACRER~N SlTEm R0. COMMUNITY LAND ASSOCIATES, LLC i
~ ~ wHrrE D.B. 8579, PG. 869
m OAK R BRY~4N ROAL A a ° rRACr 3 'YAN ROAD sR z~o~ o (60' R o
2z B.M. 1987, PG. 584 ~6~ R CLIFFORD A P1N N0. 1629.01-29-2730 D.B. 5390, G. D.B. 5390, G. 16
RD a NCDOT R/W MAI PROJECT N0. 6. NCDOT R/W MAP PROJECT N0. 6.402152 ~ i
NITY MAP NO SCALE ExrsnNC ~ ACKE V1C1 ACKERMAN ROAD sR zoos
30 C1T?' OF RALEIGH Q SANITARY SEWER ~ (60' R/W)
a. THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA EASEMENT pp 3D' -30' D.B. 2414, PG. 205 x-30' D.B. 2414, PG. 207
? T HAS AN ORDINANCE THAT REGULATES B.M. 2D04, PG. 386 Q 30' OF A COUNTY OR MUNICIPAL1TY TH4 PARCELS OF CAND. ~ I p NCDOT R/W MAP
? 6. TH/S SURVEi' IS LOCATED IN SUCH PORTION OF A COUNTY OR ~ ~ MUNICIPALITY THAT IS UNREGULATED AS 10 AN ORDINANCE THAT I ~ ~ PROJECT N0. 6.402152
REGULATES PARCELS OF LWD. ~ h _ R/lY
? c. THIS SURVEY IS Of AN EXISTING PARCEL OR PARCELS OF LAND. R N.C.G.S. 6ETHEL" ~ - ~ d. THIS SURVEY LS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINA110N ~
? OF IXISTING PARCELS ACOURT-ORDERED SURVEY, OR OTHER IXCEPliON MH 1 TO THE DEFflV1110N OF SUBDMSION. ~ R~ R/1Y
? e. THE INFDRMA110N AVAILABLE TO THE SURVEYOR IS SUCH THAT THE N 29'43'49" E MH MINAl10N TO THE BEST OF HIS 5,034.f0'(CROUND) SURVEYOR IS UNABLE Tn MAKE A OEHER 100 YEAR
OR HER PROFESSIONAL ABIL!)Y AS TO PROVISIONS CONTAINED IN 5• I N.C. GRID CO N.C. GRID COORS. FLOOD N=898,935.513
(A) THROUGH (D) ABOVE _ / N=898,935.: ~ ~ f' / E=2,120, 687. 1 E=2,120, 687447
7" ~ A re~i PROFESSIONAI LAND SURVEYOR DATE ~ MH /
~ "'o. L3'
moo. / 30 CITY OF RALEIGH MH f ~ ~ ~ N 53'02'f4" E
SANITARY SEWER ~ 7, Iso.13' GRID ' 1 7, 150.90'(GROUND)
0.999892 COMBINED k v~'~~ N.CG.S. "BRYAN" Rf FACTOR V ' ~ ~ • . NAD 83 G D O COMMUNITY LAND ASSOCIATES, LLC
••~••.~.i ~ N.C. GRID COORDS. D.B. 8579, PG. 876 D.B. 8579. PG. 869
, MH ~ 7°p 0 N=694,636.170 CRffk INK . E=2, 114,974.307 100 YEAR STATE OF NORTH CAROLINA 0 YEAR TRACT 4
COUNTY OF WAKE ~'~D 100D B.M. 1987, PG. 584 PfN N0. 1629.01-29-2730
REVIEW OFFICER OF CHARLES W. RHORA do 1
CERRFY TFWT THE MAP OR PLAT TO WHICH THIS CERAFICAl10N 7S RUBY B. RHORA 30' AFF1XfD MEETS ALL STATUTORY REOUIREMfNTS FOR RECORDING. D.B. 4033, PG. 219 PIN 1629-08-3891
I IXISTING
TTY OF RALEIGH REVIEW OFFICER ~ 30 C
~ SANITARY SEWER CHARLES WAYNE RHORA ~ EASEMENT
B.M. 200x, PG. 386 D.B. 4033, PG. 219 • B.M. 198J, PG. 563
MH PlN N0. 1629.01-08-3891
MAP BY STANCIi do ASSOCIATES ENTITLED SURVEYED 6c MAPPED FOR CHARLES
WAYNE RHORA dt WIFE RUBY B. RHORA~ AND RATED MAY 8 1987.
y~ ,
/ 30' RIPARIAN " / ~ BUFFER ZONE 1
(FROM TOP OF ` IDES
MH~ BANK BOTH S )
0 ~ . 20' RIPARIAN
BUFFER ZONE 2 ~ ~ (FROM TOP OF
RANK ROM 1 / S DES)
20' RIPARIAN ' • •.J BUFFER ZONE 2
(FROM TOP OF BANK BOTH SIDES)
MH~
1
MH 30' RIPARIAN
~ ~ BUFFER ZONE 1 HAROLD G. BAGWELL ~ I (FROM TOP OF
CUR11S M. DAIL (/1 BANK BOTH SIDES) D.B. 1466, PG. 263 n
B.M. 1987, PG. 1495 ~ PIN 1619-88-6291
C
NORTH CAROLINA ~ WAKE COUNTY
I MIGH4~1 D. CDODFRED CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY uNE rASLE
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, DEED DESCRIPTION RECORDED IN BOOK 8519, PAGE 876, TFIAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN fROM LINE # BEARING DISTANCE
INFORM4TION FOUND IN BOOK PACE • 1HAT 1HE RA110 L 1 S 80'22'42" W 145.19'
OF PRECISION AS CALCULATED IS is 25.916 THAT THIS PLAT WAS PREPARED !N ACCORDANCE WITFI C.S. 47-JO AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, L2 S 28' 1 fi'56" W 36.89'
RfGLSIRATiON NUMBER AND SEAL TH1S 2nd L14Y OF APRIL A.D., L3 S 78'50'17" W 373.16'
LAhID SURVEYOR L4 S 31'37'45° W 140.73' L5 S 03'58'43" E 331.83'
REGIS1R41KJN No. L-3178 LEGEND L6 S 42'19'49" W 305.78'
(MH)-MANHOLE L7 S 57' 15'05" W 159.00'
NOTES:
N DR 1. EASEMENTS ARE CENTERED OVER STRUCTURES UNLESS f10T FOR REl~R0A~1t101, L'ONYEYA t~ OTHERWISE NOTED. FlLE.•KBSSEASE
2. 100 YR. FLOOD AND FLOODWAY TAKEN FROM FIRM MAP NO. SANITARY SEWER EASEMENT RELOC~ MENT RELOCATION PLAT OF SE INC.
3718300730 E PANEL 730 OF 810 EFFECTIVE DATE MARCH 3, ~ 1 s92. REVISION ~ KENNETH CLO ,
Nor>-~ Land Surveying ~ 970 TRINITY ROrtD -RALEIGH, NC 27607
MISCLOSURE WAS DISTRIBUTED BY THE COMPASS METHOD. )HE DISTANCES ON THE MAP ARE ADJUSTED HORIZONTAL PHONE: (919)851-2344 FAX: (919)851-5201
GROUND DISTANCES UNLESS NOTED OTHERWISE ALL AREA CALCULATED 8Y COORDINATE COMPUTATION.
SURVEY _ D BY: BH WAKE 2-2 04 SURVEYS COU DATE.
TOWNSHIP: ST. MARYS C 200' r oo' o' 200' 400' soo'
STATE: NORTH CAROLINA SCALE: 1 " = 200' DRAWN BY.' MJB
SCALE IN FEET RECORDED IN BOOK OF MAPS Pc. ZONE.' P.I.N: CHECKED & CLOSURE BY.' MG P.I.N:
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