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HomeMy WebLinkAbout20040723 Ver 1_COMPLETE FILE_20040503 Mlcnael 1"". casley, ~overnor 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 14, 2004 DWQ Project No, 04-0723 Wake County Page 1 of 2 Bryan Properties Inc. PO Box 728 Holly Springs, NC 27540 Sunset Park Planned Unit Development, Lots 363 & 364, Phase 1, Holly Spring, NC UT to Rocky Branch [03-04-02, 27-43-15-4.5, C NSW] APPROV AL of 401 Water Quality Certification with ADDITIONAL CONDITIONS Subject Property: To Whom It May Concern: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.041 acres of wetlands for the purpose of developing two residential lots at the subject property, as described within your application dated May 3,2004 and received by the N.C. Division of Water Quality (DWQ) on May 3,2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s} 3402 (GC3402). The Certification(s} allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In addition. you should obtain or otherwise comply with any other required federal. state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this approval will expire when the accompanying 404 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 you may be required to send us a new application. If the property is sold. the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 1. Erosion & Sediment Control Practices - Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects. including contractor-owned or leased borrow pits associated with the project. 2. No Waste, Spoil, Solids, or Fill of Any Kind - No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. North Carolina Division of Water Quality, WETLANDS /401 UNIT 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 1650 Mall Service Center, Raleigh, NC 27699-1650 (Mailing Address) 919-733-1786 (phone), 919-733-6893 (fax), http://h20.enr.state.nc.us/ncwetlands Bryan Properties Inc. Page 2 of 2 May 14, 2004 3. No Sediment & Erosion Control Measures win Wetlands or Waters - Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 4. Certificate of Completion - Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. 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. This Certification shall expire upon expiration of the 404 or CAMA permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition. which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. ~. ~lanW. Klimek, P.E., NC DWQ, Director Attachments: Certificate of Completion GC 3402 Cc: Walter Cole, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files DWQ # 04-0723 Date: May 14, 2004 bz MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Steve Mitchell WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Olive Tract / Sunset Park Planned Unit Project Number 04 0724 Recvd From APP Received Date 5/3/04 County Wake County2 Region Raleigh Recvd By Region Project Type sewer line Certificates Permit Wetland Wetland Wetland Stream Type Type Impact Score Index Stream Class Prim. Supp. Acres Basin Req. Feet Req. Stream Impacts (ft.) .. 1 12 1 forested I@ y ON 1 127-43-15-4. rei NSW 130,402. 1 0.091 1 66.00 1 . - LNB~ I Buffers I@Y ON I 1 r-I 130,402. I 0.271 1 I . -- 1 I Stream IOY @N 1 1 r-I 130,402. 1 I 66.40 I 1 Mitiaation MitigationType Wetland Type Acres Feet I' Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON Have Project Changes/Conditions Been Discussed With Applicant? 0 YON Is Mitigation required? 0 YON Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 353921 Longitude (ddmmss) 784650 Comments: May 13, 2004 03-0763 NW 12 022 A NW 14 95 ft 04-0605 0.05 02 A 04-0723 NW 39 0 04 A 04-0724 0.09 64 ft Over 1/3 acre on NW 12's and 150 feet of buffer I Question if lots 222, 223, & 224 are buildable Do not have entire subdiv plat so cannot find where stormwater is going and what treatment method is Regional Office Central Office Page Number 1 cc: """~ ">20..tw. _ _ i.(t", 1''''.:1' -9~ -~~) :,(~ '/)i)cr ~ . -l~~ , I " Date: ' :bk/or; f T~iage Check List O\;~ T~- r~&AULJ.- DWQ#: OL{-D1~~ County: _U9~p Project Name: From: To: 0 ARO o FRO g~o ~ RRO ..~~ Mike Parker Ken A ventte Alan Johnson Steve Mitchell ' D'WaRO o WiRO o WSRO Tom Steffens Noelle Lutheran Daryl Lamb Telephope : (919) J 3 3.~ 16 Y 10. , ,.,' The me attached is being forwarded td.:.~our for 'yoUr evaluation. . Please call if you needaS.~stance. . ' . \ o Stream length impacted . , o Stream determination . , 0 W~tland determination and'distance to blue-line sUrface waters on USFW topo maps o Minimi7.atlonlavoidance issues . .' 0 Buffer Rules (Neuse; Tar-Pamlico, Catawba, Randleman) o P~nd fill ' o Mitigatio~ Ratios o Ditc~g' , 0:' Are the stream and or wetland mitigation sites available imd viable? o ' Check drawings for accuracy o Is the application consistent with pre-application meetings? .' ,0 qunulative impact concern ' Comments: ru4,? (fs . , y~~kD S& EC Soil & Environmental Consultants, PA 11010 Raven Ridge Road . Raleigh, North Carolina 27614 . Phone: (919) 846-5900 . Fax: (919) 846-9467 www.SandEC.com ; \ ;.~, (, ;......1 \, May 3,2004 NCDENR-DWQ Attn: Mr. John Dorney 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 US Army Corps of Engineers Attn: Ms. Jennifer Burdette 6508 Falls of the Neuse Rd., Ste. 120 Raleigh, NC 27615 RE: Nationwide Permit 39/401 Water Quality Certification Request Olive Tract/Sunset Park Planned Unit Development Project; Phase I ~Lot Fill Holly Springs, Wake County, North Carolina S&EC Project #: 6913.01 WETLANDS /401 GROUP MAY I) n 2004 Dear Mr. Dorney and Ms. Burdette: WATER QUALITY SECTION On behalf of Bryan properties Inc, (property owner) we hereby request authorization from the US Army Corps of Engineers to use Nationwide Permit 39 to cover permanent impacts to wetlands (see attached impact maps). We also request written concurrence from the NC Division of Water Quality (NC-DWQ) that the project complies with the 401 Water Quality Certification associated with Nationwide Permits 39 and the Neuse River Basin buffer rules. A Pre-construction Notification Application (PCN) is attached, as well as an agent authorization form. The proposed project consists of residential housing development and is located on the north side of Optimist Farm Road (SR 1390), west of the intersection of Optimist Farm Road and Pierce- Olive Road (SR 1389) and approximately 4000 feet east of the intersection of Optimist Farm Road and Sunset lake Road (SR 1301). The project site is approximately 328 acres in size overall, and Phase 1 incorporates approximately 20 acres. Please refer to the attached USGS topographic map and Wake County soil survey map for the location of the project. A detailed delineation was performed by S&EC and Mr. Steve Mitchell of the NC-DWQ conducted a site visit and determined that the stream features on property are subject to the buffer rules as indicated on the attached site plan. A copy ofMr. Mitchell's buffer confirmation letter issued May 7,2003 is attached. In addition, previous impacts to Phase 1 of this project have been permitted by the USACE and NCDWQ and a copy of both is attached. Ms. Jennifer Burdette of Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Hickory Office: 622 Coon Mountain Lane Taylorsville, NC 28681 Phone: (828) 635-5820 Fax: (828) 635-5820 May 3, 2004 S&EC Project #: 6913.01 Page 2 of3 the USACE conducted a site visit on April 29, 2004 to confirm the wetland delineation, however a signed delineation is still pending. The proposed lot fill placement (Impact 1), which is necessary to provide access to the proposed residential development, will permanently impact 0.041 acres of wetlands. The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and may require compensatory mitigation to offset unavoidable losses of waters of the US when impacts exceed the requirements for notification (0.10 acre) or if a discharge any open waters is proposed. The proposed lot fill placement is needed to provide access from the road to the development and because the wetland area to the south, which attaches to this wetland area has already been impacted by a previously permitted road crossing, S&EC believes further compensatory mitigation should not be required by the USACE. The applicant will install the proposed lot fill in accordance with the conditions of Nationwide Permit 39, NCDWQ water quality certification conditions, and the USACE's regional conditions. Sincerely, ./C' '/~;;;/r:&/ Walter Cole Wetland Scientist Attachments: Pre-construction (PCN) notification form USGS Site Location Map Soil Survey Impact Maps Data Forms Agent Authorization form Copy of Buffer Confirmation letter Copy of US ACE General Permit Verification for Phase I Copy ofNCDWQ 401 Water Quality Certification Approval for Phase I $200 check for NC-DWQ Office Use Only: Fonn 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: [2] Section 404 Permit D D Section 10 Permit D [2] 401 Water Quality Certification Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: D 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: D 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: D II. Applicant Information 1. Owner/Applicant Infonnation Name: Bryan Properties Inc. Mailing Address: P.O. Box 728 Holly Sprin,gs, NC 27540 Telephone Number: 919-552-4547 E-mail Address: N/ A Fax Number: N/ A 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: Walter Cole Company Affiliation: Soil & Environmental Consultants, Inc. Mailing Address: II 010 Raven Rid,ge Road Raleigh, NC 27614 Telephone Number: 919-846-5900 E-mail Address:WCole@?sandec.com Fax Number: 919-846-9467 Page I of8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than II by l7-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name ofproject: Sunset Park Planned Unit Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): #0669632602 4. Location County: Wake Nearest Town: Holly Springs Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): The proposed proiect is located on the south side of Optimist Farm Road (SR 1390), south of the intersection of Optimist Farm Road and Pierce-Olive Road (SRI389) and approximately 4000 feet east of the intersection of Optimist Farm Road and Sunset Lake Road (SR 1301). 5. Site coordinates, if available (UTM or Lat/Long): Lot Fill :35039'39.25"N 78046 '34.l5"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Approximately 328 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT of Rocky Branch 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://h20.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: Currently the site consists of undeveloped forested land and Page 2 of8 areas under development. The land use within the vicinity of the project consists primarily of residential and a~riculturalland use. lO. Describe the overall project in detail, including the type of equipment to be used: The proposed project will provide access for residential development with permanent impacts resultin~ from the placement of fill material that is necessary for accessin~ the property from the proposed road. Typical heavy equipment associated with ~radin~ and fill placement will be used for this project. Impacts consist ofO.04l acres of wetlands. II. Explain the purpose of the proposed work: The purpose of the proposed work is to provide access to the proposed residential development from the road. 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 10 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. The applicant requested a detailed wetland delineation prior to site plan development. Mr. Steve Mitchell of the NC-DWQ conducted a site visit to determine the buffers on-site and issued a Buffer Confirmation on May 7, 2003 (NBR 03-099). A coPy ofMr. Mitchell's letter is attached. USACE jurisdictional determination has been requested, but is still pending, and a site meetin~ with Ms. Jennifer Burdette was conducted on April 29, 2004. Impacts for Sunset Oaks Phase 1 have been permitted (NCDWQ Project# 03-0763 and USACE Action ID # 200321005/006) a copy of both of which are attached. 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 ofthis work from the current application. Future phases are anticipated for this project however, plans for these phases do not exist at this time. VI. Proposed Impacts to Waters of the United StateslWaters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation fonns should be included as appropriate. Photographs may be Page 3 or8 included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed permanent impacts resulting in the placement of fill material on 0.041 acres of jurisdictional wetlands. 2. Individually list wetland impacts below: Wetland Impact Area 0 f Located within Distance to Site Number Type of Impact* Impact 1 DO-year Floodplain** Nearest Stream Type ofWetland*** (indicate on map) (acres) (yes/no) (linear feet) Impact 1/ Lot Fill Permanent 0.041 No 0 Emergent wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. 100- Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. List a wetland type that best describes wetland to be impacted (c.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (detennination of isolation to be madc by USACE only). ** *** List the total acreage (estimated) of all existing wetlands on the property: Unknown waiting on final survey of wetland delineation for total acreage of wetlands on-site. Total area of wetland impact proposed: 0.041 acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of A verage Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) N/A N/A N/A N/A N/A N/A List cach impact separately and identify tcmporary 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 bcfore 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 internct sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.maPQuesLcom, etc.). * Cumulative impacts (linear distance in feet) to all streams on site: N/A 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Name of Water body Type of Water body Site Number Type ofImpact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on map) (acres) bay, ocean, etc.) NA NA NA NA NA * List cach impact separately and identify tcmporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, ctc. Page 4 oI'S 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): D uplands D stream D wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and may require further compensatory mitigation to offset unavoidable losses of waters of the US when proposed impacts exceed the requirements for notification (0.1 0 acre). The proposed lot fill (Impact I) is needed to provide access to the property from the proposed road, and in addition, this wetland has already been impacted by road construction, which was previously permitted. The applicant will act in accordance with the conditions of Nationwide Permit 39, NCDWQ water quality certification conditions, and the USACE's regional conditions. VIII. Mitigation DWQ - In accordance with l5A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable Page 5 ofR mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h20.enr.state.nc. us/ncwetlands/ strm,gide.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. NA 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes D No [gI If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPAlSEPA)? Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes D No D Page 6 of8 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEP A or SEP A final approval letter. Yes D No D X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes [gJ No D 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 butfer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation N/A N/A N/A N/A N/A * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. 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 infonnation as identified within l5A NCAC 2B .0242 or .0260. NA 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. A stormwater plan for this project has been approved during previous permit submittals. Page 7 of8 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. Non- Discharge -Sewer XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules? Yes 0 No [8] Is this an after-the-fact permit application? Yes 0 No [8J XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). NA ~ ,~~ ,/ .... /, . Applicant! Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ?J5-o3 .() r Page 8 of8 (~l:~~ '~~\~~~L\,~~f/JIJ/ \\\\>2;'8\~~\~ r~-??J.',:~ ~. \~ -0- '''~~~_.LJ)'Ji~~ '))/ c~ ~ ~ 'j(>L~- I~~ ~~~~ ~~. .~~ ~1.[;g~O(1 :!Cc/ .?~0r (IL~~~JY}E ~\\\~~~, ~)~.:. "~:J I\c/j., ~Z2))-S:Jc;~~~m (;;:~W~""~,,,.,,~~Q)~<Y r~~ \ "" .:~~ . III,L ~It~~~<< Jf ~l\, ~~~~" ~~~~~II~~=j~I~W~~l~~:,t~-?I;"~ ~1I(((~,/1 (/fO\'~?ilii&S, . "A\~\ lX--711 Vr; ,,\; ( l~\~ \~.\ : ~ '/) ~ ~, II\'--)~) , " . \.~ '/r0-- J\\ 1ft ~ I '/ ~ / ~ WI! '--.----- I II ::::-... . " )':~ ( .~ '~',) ~ r\. 1."<,,mJ ~\ ~ // ~~ ~' 3\ ~ \ \~ :.. ;f"~~I)L;; · r.~~lo~l')'~~ /1G:l(( ~ \: \". ~:'\~ -' 0, ~J ,.\~)~ )) ,\l~.~ ~I~~ 7i':::::/~~N !!:! ~ ~~ ~ ./ . 'Ie I ~~~ '--;\\0 # ~,' 1\ \ N~tf; ~\\" ~\'--=--- ;r. ,\ '\" J. '" \ -/ I/,~ \ ://-:..- > 'l- ,\""~ ~'I " .s. l\'-Tll ~;/' ~ ~. \ //1...----- 'l- \\~~ ~~1 ~~\ \IS ~ . ~ I)~>.-' :I1'(~ "/d/ .~ - J)'" ~ 0 v~ Of\ ~ /f.n II "/ -~~~- --~ ~ ~~~- = ' I\~ \ h~~ ---j ( -, ", :~(( ~~ 8uf1a;~J ~I!~ 0 ~\..~' '" ~ j(fP'\\ \II 4'0"ke . ((~{/---~ ~ ?~~~ fiI >-j _ ;/ ~!1Jj 306 '~~--: U ~ ~~ ::~~ ="'~, :.; k It :g;:~( I; V1 '. (00)/ U ~~)' ~ ~ ';/ ~ ~\Jj~~s~ ~~.:.~. ~J'~~(})J~ "(~~~n- ~(r2J 4 -~~__ ~ ) 3;)\";V 0 ~'-:::~~ . ~~~, r, ""~~\E:\' \~)~~ ff ;(/;;" \\D ~) s?)\~~ II '--l _ __ _ . _:;:.. " ", . ~----- ==:! :-.- - ~ ~~ ~~~ . . ~. ^ /{ 15 "'~. /, ;u; ~\j~~1\'.((~ ,;)(~V~ "7~ APEX, N. C. 35078-F7-TF-024 PHOTOINSPECTED 1988 1974 PHOTOREVISED 1987 DMA 5255 '" NE- SERIES Y842 Project .: 02-6913 Project Mgr.: KCM Scale: 1" = 2000' Date: 10125102 Figure 1 - USGS Quad Olive Tract Blackmon Engineering Service Holly Springs, Wake County, NC Soil & Environmental Consultants, P A 11010 Raven Ridge Rd.. Raleigh, NC 27614 (919) 846-5900 . (919) 846-9467 Woo Page: WWW.SandEC.com J Project #: Scale: 02-6913 1" = 1320' , Project Date: Mgr.: KCM 10125/02 Figure 2 - Soil Sur Olive Tract Blackmon Engineering SelVice Holly Springs, Wake County, NC Soil & Environmental Consultants, P A 11010 Raven Ridge Rd.' Raleigh, NC 27614 (919) 846-5900 . (919) 846-9467 Web Page: www.SandEC.com SoU a Environmental Consultants, PA 11010 IllM:o Ridge Rood . RaIciih. North Carolina 27614 . Pbom:: (919) 846-S900 . FIX: (919) 846-9467 www.SaodEC.oom @ ~WETLAND IMPACT GRAPHIC SCALE 1" = 30' 30 I o I 30 I 60 I Wetland Delineation Performed By: Soil & Environmental Consultants. PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjecUSite: Sunset Oaks Subdivision Date: 04-02-03 ApplicanUOwner: Doby Blackmon - Blackmon Engineering County: Wake Investigator: Walter Cole State: NC Do Normal Circumstances exist on the site? X Yes No Community 10: - - Is the site significantly disturbed (Atypical Situation)? Yes X No Transect 10: - Is the area a potential Problem Area? Yes X No Plot 10: Upland . (If needed, explain on reverse.) - - Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1, Vilis rotundifolia VINE FAC 9. -- ~-- -- -- 2. _Jonicera japonica VINE FAC- 10. --------- -- ___0- -- --- ----_._-----_._----~-- ~---- --- ----_.~ 3. .llfJ)( opa~_~____ TREE FAC- 1 1. - - ----~._--_.---- - ------------- __ - ___ _n"_ ___ -- .-._----~---.- - __ ___~____.__ 0- 4. __ Llguidambac styr-a.Eiflu3._._ TREE FAC+ 12. ----------- --- ----- --------~ ---- -. --------_..---- ------ 5. Pinus taeda TREE FAC 13. -~----- ----------.--- ----------" -- - --- .' ',__ ___.________________ __.on n___ --".-,----- ---- --- 6. Smilax rotudifolia VINE FAC 14. ---_.._----~-------_.~------- -- .-~-- --~._-----~~--_.- -----..---. -- ,----'--- --.-.-----. ---- ----..---'- .---- -- -'--.'-"--- u.__ ..' .-___________ 7. 15. --_._-_.~-------------- -- .---------.--- -_.--~~--_. ..- ----- ------...--.----- -------.- --.-----'-- - -------~._--- 8. 16. -_.-~~-~ _.-,--- ---------- ----~ ---_._-_._-_._~---~._--_..- ------~- -.--- Percent of Dominant Species that are OBL, FACW, or FAC ( excluding FAC-): 67% Remarks: VEGETATION _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: - Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs Inundated - Other _ Saturated in Upper 12 Inches X No Recorded Data Available _ Sediment Deposits - Drainage Pattems in Wetlands - Field Observations: Secondary Indicators (2 or more required): - Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: N/A (in.) Water-Stained Leaves - Local Soil Survey Data - Depth to Free Water in Pit: N/A (in.) FAC-Neutral Test = Other (Explain in Remarks) Depth to Saturated Soil: N/A (in.) Remarks: HYDROLOGY Wetland Delineation Performed By: Soil & Environmental Consultants, PA 1101 0 f~aven Ridge Road Raleigh. North Carolina 27614 (919) 846-5900 ProjecUSite: Sunset Oaks Subdivision Plot ID: Upland Map Unit Name Drainage Class: Well Drained (Series and Phase): Appling sandy loam Field Observations Taxonomy (Subgroup): Typic Hapludult Confirm Mapped Type? Yes No - - Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-8 A 10YR6f4 Sandy Loam 8-18 B 7.5YR5f6 Sandy Clay Loam -- --~- --'-'~------- -~_._- ~~-------._-- ------~._- ~-~----~-- Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils - ._,_._~ - Aquic Moisture Regime ---~---_.- Listed on Local Hydric Soils List --~- Reducing Conditions ------ Listed on National Hydric Soils List ._.__.n Gleyed or Low-Chroma Colors --- Other (Explain in Remarks) e------- ----------------------.. -~ Remarks: SOILS Hydrophytic Vegetation Present? x Yes No Is this sampling point within a wetland? - Wetland Hydrology Present? Yes x No Yes x No - - -- Hydric Soils Present? Yes x No - - Remarks: WETLANDS DETERMINA liON Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven r~idge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Sunset Oaks Subdivision Date: 04-02-03 ,-- Applicant/Owner: Doby Blackmon - Blackmon Engineering County: Wake Investigator: Walter Cole State: NC Do Normal Circumstances exist on the site? X Yes No Community 10: Wetland - - Is the site significantly disturbed (Atypical Situation)? Yes X No Transect 10: - Is the area a potential Problem Area? Yes X No Plot 10: - - (If needed, explain on reverse.) Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effusus HERB FACW+ 9. -- ---- -~---- FACW -_.__._---~._-- ----_.~-_._- ---- 2. Arundanaria Gigantea HERB 10. ______u --~---_._- ~- -_._-----------------~._--- ----- -- .- -' ----- ----..---- ._~----.- 3. , f!e!.!JfClJ'Jfl!-,~ TREE FACW 1 1. ___ ___ __ __n -- ---- -----------. -, - _______.____.n ,- - - 4. ~~fi~'.liflra____ , TREE OBL 1<'. -- ----------- --- --~-_.- .-.-- -----...- -------_.-.-- -- - ----- - ---~-- 5. Viburnum nudum SHRUB FACW+ 13. .._~--~~-~~..__. ~------- ~~._-- ------.-------- ---- -- .-._-_..~~ -----. ------ .-.-- 6. ~~iquidambar ytyra..cinor'!., ___ TREE FAC+ 14. ------- -- __'0 --~--,-----_.._-- . ----~.. .-~- --~- .-..-.-....-----. ---------- , .--- -,_.- 7. _E!'I!.~ Jatifolia __________ HERB OBL 15. .- .--- - .. .--' _.-- -- --~~~- ~-~~--- -----_.- ._-,,_._-_.~-_..._--_..__._-- .__n__ -----. --~-._._--~ . _ ___.. _______n____ 8. 16. ~---------_.._----~---~--.--- -- ----- .. ----.------ ~---~-- .~_______..~.~___~___o_____~.__...____ .---... -'--~-~- ~._-~-- Percent of Dominant Species that are OBL. FACW, or FAC (excluding FAC-): 100% ---- Remarks: VEGET A liON _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: -- Stream, Lake or Tide Gauge Primary Indicators: _ Aerial Photographs x Inundated other ~ Saturated in Upper 12 Inches X No Recorded Data Available _ Sediment Deposits - ~ Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): x Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 5 (in.) Water-Stained Leaves - Local Soil Survey Data - Depth to Free Water in Pit: 0 (in.) FAC-Neutral Test = Other (Explain in RemarkS) Depth to Saturated Soil: 0 (in.) Remarks: HYDROLOGY Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Haven Ridge Road Raleigh. North Carolina 27614 (919) 846-5900 ProjecUSite: Sunset Oaks Subdivision Plot ID: Wetland Map Unit Name Drainage Class: Somewhat Poorly Drained (Series and Phase): Chewacla Field Observations Taxonomy (Subgroup): Aquic fluventic dystochrept Confirm Mapped Type? Yes No - - Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 A 10YR4/1 5YR4/6 Common - Distinct Silt loam ~- ~- ------- ..-.--- Hydric Soil Indicators: Histosol Concretions - - ~- Histic Epipedon ------- High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils .--- ----- ou_ Aquic Moisture Regime ------ Listed on Local Hydric Soils List ~ --~~- Reducing Conditions ___0- Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors ---- Other (Explain in Remarks) --~ ------~-_._--------~~- -~--~--- Remarks: SOilS Hydrophytic Vegetation Present? x Yes No Is this sampling point within a wetland? - Wetland Hydrology Present? x Yes No x Yes No - --~ - Hydric Soils Present? x Yes No - Remarks: WETLANDS DETERMINATION 10/25/2~52 09;cl7 913a4b94~: S&EC FAGE l'L .S& """E<:: ~IJ The DepIh1:rnent of the Army U.S, Army Corps of BngiMers,. Wilrninpm Dj,trict P.O. Box 1890 Wllinington. NC 284<12 Attn. Av."':' ~'-~O-- '~-C'"\.C-_.S Fi~ld office;"". [I -:.I~~",0'- . ~...l':__~ Re: WetlAnds Related Consulting and hmdttmg Soil & Ellvironmental Consultants, PA 11010 RAven RIdge ROld . Ralolgh, Nur1l1 (".Mulina 21614 . l'hooo: (919) 846-~~ . Pu; (919) 1146-9461 'Www-S4lldBCa\ _ AGENT AnrnORlZATION FORM An B~ f;. F~rrenIL'~OW_ Name: ~A~ ~ JJL , _.. " Add=s, -f..o rX7)( ,-Z~ I--t:.IOLL-~~~~,;:k ?i~ Phono: . O~ tWZ~.~ " ProjectName/Detcription: _._ ~n_~~- .t-1.~tl~~[;)~.~ D~te: t eJ -'ZI/J - ~ z,.,. ~T~ N . -4 ~ ~ OF ~~\'71 ~ ~. Q 11\17 rN\~oF f\~-ou"e tzP. To Whom It May Concern; I, the current ~ptrty OWller, hercl>y d~jgnate ilnd authodze Soil & MVlrOJ\lt\ental Consultant" PA to act in my behalf as my agent in the proce~ing of permit applications, to funWJh upon request ~ta1 information in support of applioltions, ~. from this day fonvnrd. The ~fP-.- aayof r36iS? 7~. This notHication super!Jedeti any previou5 correspondence concerning lht' agent for t1l15 project. NOTICE: Too luthoriutioi', for liability.ad profe.~iona.l courtesy rU/II(Jns, b valhl only f.or govtrtut\ent official. to ebter the properly when Accompanied by S&EC .taff. You sho.ld CilU S&.EC to artl11ge . .itf m~ prioe tu vWtiA8 the ritf. ~ ..I I t:=b~.-:f'7 fi\-=A ..l L t2~ 1t-1\j~T!lt~ \.-'Y\~N J ~(-~P-\IV7J I !AMo t H-\l\9i~~ I Lt.l..- ~ Print Property OwMr', NI.ll1AJ IX: Mr.lohn Domey NCDRNR - DWQ 2321 O.a.),b:ee Boulevard R.t]Qigh, NC 27604. cc; Mr. ~\'in Martin 5011 & Environmental Consultant9, P A blank ~.\I ~thtonl\.dox . Charlol(a OI'Q~ Z361.cf'hUlIp COUlt, l/uic. C Coa09t'd. NC 2S02S Phono: (104) 720-9~05 , T . l1\ct~ Otf~ 110 .lloMlI P".,.d 1\)lor>'/ll\~, NC 28681 ~hono \B~~) ~~~~~"~~ OratlftJboro otrl~; JlI1.IiU'OIl"iImle 0,1". Qre~nlxK'o, NC 2745~ ,.hone: (1)~) .HO.&B4 0<( v-J A T<:I( !)~y---:zO~ I!!~I > ..' .. . =i p. .. " Michael F. Easley, Governor . William G. f<oss Jr., Secreta North Carolina Department of Environment and Natural Resource; Alan W. Klimek, P.E. Director Division of Water Quality May 7, 2003 Kevin Martin S & E C, Inc. 11010 Raven Ridge Road Raleigh, N.C. 27614 Subject: Neuse River Basin Riparian Buffer Rules NBR 03-099 Olive Farm Tract Project No. 02-6913 Wake County Dear Mr. Martin: I have reviewed the information submitted for the project referenced by the Raleigh Regional Office as NBR 03-099. An evaluation of the stream features present on the property was completed to determine whether or not the site would require compliance with the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code 15A2B .0233. The features represented on the Wake County Soils and the Apex USGS topographic maps were evaluated and it was determined that there are several features present on this property as streams. The preliminary wetland and buffer evaluation plat (attached) identifies and delineates those features that are streams and therefore subject. This letter addresses only those issues involving the delineation of the riparian area. For information relative to stream and/or buffer impacts, 401/404, or wetland issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter and if this Office can be of any other assistance or if you have additional questions, please do not hesitate to contact me at 919-571-4700, Steve Mitchell Environmental Scientist cc; RRO/John Dorney Wake County H :\buflet.for\buf03\0Iivfarm .099 .TY.6. !~l~ NCOLN~ Raleigh Regional Office 1628 Mall Service Center D ~I,,;nh Nr 7n;Q9-1 528 phone (919)571A700 facsimile (919) 571-4718 Customer Service 1.800.623.7748 Action ID: U.S. ARMY CORPS OF ENGINEERS Wilmington District 200321005/006 County: Wake COPy GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Bryan Properties, Inc. Authorized Agent Soil & Environmental Consultants, PA Attn: Walter Cole Address 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number 919-846-5900 Address P.O. Box 728 Holly Springs, North Carolina 27540 Telephone Number 919-552-4547 Size and Location of Property (waterbodv. Highwav name/number. town. etc The property is located on the south side of Optimist Farm Road (SR1390), south of its intersection with Pierce-Olive Road (SR 1389) in Holly Springs, Wake County, North Carolina. Description of Activity: This permit authorizes mechanized land clearing, excavation, the placement of fill and the installation of culverts associated with the construction of the proposed Sunset Park Planned Unit Development. Temporary impacts to waters authorized by AID # 200321005 are .062 acre of wetland for the installation of a sanitary sewer line. Permanent impacts to waters authorized by AID # 200321006 are 95 linear feet of stream channel and .156 acre of wetlands for a road crossing. See attached Special Conditions. 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 12,14 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 begipIling work. If you have any questions regarding the Corps of Engineers regulatory program, please contact Andrea Wade at telephone number (919) 876 - 8441 extension 31. Regulatory Project Manager Siguature '^' () ..~)~ Authorization Date July 25, 2003 Expiration Date July 25,2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE FILE COpy OF THIS FORM, IF REQUIRED OR A V AILABLE. AUG - 4 2003 Action ID: 2003 21 005/006 County: Wake SPECIAL PERMIT CONDITION Recommended by the North Carolina Wildlife Resources Commission: 1. Pennittee 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. Pennittee shall install silt fences and temporary check dams at all stream crossings to be removed following completion of the activity and proper stabilization of disturbed soils within the work area. 4. Pennittee shall seed wetland areas with wetland seed mixture only. Species selection shall be subject to Corps approval. Regional Conditions For all NWPs that involve construction of culverts, measurcs will be included in the construction that will promotc the safe passage of fish and other aquatic organisms. For all culvert construction activities, the dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than 20 pcrcent of the diameter of the culvert. OCT -. ') ')nfl" 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 September 23,2003 Wake County DWQ Project # 03-0763 Bryan Properties, Inc. Post Office Box 728 Holly Springs, NC 27540 Subject Property: Sunset Oaks subdivision, Phase I, Holly Springs APPROVAL of 401 Water Quality Certification and Neuse River ButTer Rules To Whom It May Concern: You have our approval, in accordance with the attached conditions, to impact approved in the table listed below for the purpose of providing sewer and road access to proposed residential subdivision as you described in your application dated June 20, 2003 and additional information rcceived September 16, 2003. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Number 3404 and 3374. This Certification allows you to use Nationwide Pcrmit Number 12 and 14 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. Approved Impacts: The following impacts are hereby approved as long as all of the other specific and general conditions are met. No other impacts are approved including incidental impacts: Stream 404/CAMA Wetlands Buffers Buffers Amount A roved (Units) 95 (feet) 0.218 (acres) 8,791 (s uare ft.) 9,409 (s uare ft.) Plan Location or Reference 1m act 1 1m act 1, '/,A, 3 1m act 1 1m act 2B 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 expircs or as otherwise provided in the Gcncral Certification. If total wetland fills for this project (now ...... ,.... . r~__.:r.,_..f;r....n Il"il 3 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, 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 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, JRDfbs Attachments: Certificate of Completion Cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Walter Cole, S&EC DWQ # 03-0763 Date: September 23, 2003 -I 'JV ~ vO'O - - 1JVd~1 aNVl13M~ I 111.:1 101 - ~ 1JVd~1 03111~~3d A1 S1JVd~1 SnOII\3~d -'- .-- --- --- -- - -- - -- - -.-.- ---"'....------. ---- --'-'-- 1- --- 1 I ::;UIL & ~NVIHUNM~N IAL \,;UN::;ULIAN._, NC Division of Water Quality Tran # Invoice Type Invoice 2898 050304 Date Reference 05/03/04 Permit App. ? I. \..- .<- ~. "1' _'"~ "'-~ Date: 05/03/04 Balance $200.00 <= ~ m ;0 o ,- > '~ft '--'. ~ ----__. 0 ----~ p.~ .,;;-'~~':,:J, -(j --","'-,~-- -"''''''---.-- Check Number: Check Amt: Discount $0.00 ~ ~; :E ~ s: :z o en ~ ....a. G) ~ c: -0 016663 16663 $200.00 Pay Amount $200.00