20061154 Ver 4_401 Application_20080708

WITHERS ,2'-? RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
Cary, North Carolina 27511 r-??T
Tel.:[phone] Fax: [phone] PAY?'?
71
TO: NC-Division of Water Quality VJECE '..
2321 Crabtree Blvd.
Raleigh, NC 27604
nn nn ?b V q-
DATE July 30, 2008 Job No. 2060543.00
ATTENTION Ms. Cyndi Karoly
RE: Associates Park II
WE A ? Under separate cover via the following
? Shop Drawings ? Prints ? Plans ? Samples Specifications
? Copy of Letter ? Change order ? Diskette ?
COPIES DATE NO. DESCRIPTION
5 Request for 404/401 Permit Modification
1 Check
THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted ? Resubmit
® For your use ? Approved as noted ? Submit
® As requested ? Returned for corrections ? Return
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Please call with any questions or concerns.
Received by:
COPY TO: File SIGNED: Todd Preuningerr
If enclosures are not as noted, kindly notify us at once. R (( ;:N_ g D V2
V V 1??7
JUL 3 0 2008
WETLANDS AND STORMWATER BRANCH
copies for approval
copies for distribution
corrected prints
WITHERS
July 30, 2008
US Army Corp of Engineers
Attn: Ms. Crystal Amschler
3331 Heritage Trade Drive, Ste 1o5
Wake Forest, NC 27587
Re: Associates Park II
Request for 404/401 Permit Modification
W & R Project #: 02o60543.00
NC-DWQ #: o6-1154, Ver. 2
USACE AID #: 200800504
Dear Ms. Amschler and Ms. Karoly:
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, NC 27604
On behalf of ABM Associates LLC, we are requesting a modification to the 404/401 permit,
issued by the NC-DWQ on May 23, 2oo8, and by the USACE, issued by default in accordance
with the statutory permit requirements. The original permit provided approval for impacts
associated with the extension of a culvert and the installation of a utility line. The approved
impacts included 6o linear feet of perennial stream channel and 7,033 square feet of
riparian buffer. A copy of the 401 approval is included in the attachments.
During DOT's final review, they required that the fill slope along Highway 401 be extended
because of safety/stability concerns. The existing channel runs parallel to Highway 401, and
as a result of the DOT requirements, there will be additional stream and wetland impacts.
This brings the project impact totals to 140 linear feet of perennial stream and 13,751 square
feet of riparian buffer (Z1: 9,449 SF; Z2: 4,302). Because this is a road impact, other than a
stream crossing, the applicant proposes payment to the NCEEP to satisfy mitigation
requirements. I have been in touch with EEP, and they expect to issue an approval letter on
7/31 or 8/1. 1 will forward this letter to your office when I receive it. The revised PCN form
and maps, are included with the attachments.
Please feel free to call if you have any questions or require additional information.
Sincerely,
WITHERS & RAVENEL INC.
/L^,---
Todd Preuninger
Director of Wetland and Biological Services
Attachments:
1. Revised PCN
2. Revised Site Plans
3• 401 Approval
L? RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 I www.withersravenel.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 I fax: [phone]

Office Use Only: Form Version March 05
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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 h U • L5 V ???/]? D
II. Applicant Information JU? Q 2008
Owner/Applicant Information DE w-WATERQUAUTY
Name: ABM Associates, LLC Attn: Johnny Blankenship'L*DSA"OSTORmwATERSR"H
Mailing Address: 2204-F Associates Drive
Raleigh, NC 27603
Telephone Number: 919-772-4310 Fax Number: 919-772-3261
E-mail Address: Johnnygpipelineutilities-raleigh.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive Cary, NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-353-4545
E-mail Address: tpreunin er e,withersravenel.com
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
Pagel of 8
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 I 1 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: Associates Park II
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0688698212, 0688686650
4. Location
County: Wake Nearest Town: Fuquay Varina
Subdivision name (include phase/lot number): Associates Park II
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh take 401
south toward Fuquay-Varina. After passing through McCullers Crossroads continue
approximately 1 '/ miles, cross over Mills Branch, the site is located on the left (East) side of
401.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.6421426 ON 78.7093882 °W
6. Property size (acres): 21.8
7. Name of nearest receiving body of water: Mills Branch
8. River Basin: Neuse River Basin
(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/mVs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Land use in the vicinity of the project is a mixture of
residential and commercial development.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of the construction of an office park. In order to install the
infrastructure (i.e. roads and utility lines) heavy equipment such as excavators and
bulldozers will be used. In addition, a directional boring machine will be used to install part
of the utility line.
Page 2 of 8
Explain the purpose of the proposed work: The proposed project is intended to meet the
demand for office space in this area of the county. The proposed impacts are needed to access
the site and provide a turn lane on US Highway 401, to support the adjacent business park.
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. Wetlands were delineated by Withers & Ravenel in July 2006 and site
meetings were conducted with Ms. Cyndi Karoly of the NC-DWQ (DWQ EXP# 06-1154) to
verify streams potentially subject to the buffer rules. A copy of the buffer letter is attached.
Permits were also issued by DWQ (06-1154 Ver.3) for the proposed culvert extension and by th
USACE, this is a request for a permit modification.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future impacts are anticipated.
VI. Proposed Impacts to Waters of the United 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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed impacts for the culvert
extension and turn lane include 140 linear feet of perennial channel and 13,751 square feet of
riparian buffer (Z1: 9,449 SF; Z2: 4,302).
Page 3 of 8
2. Individually list wetland impacts. Types of 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.
Wetland Impact Type of Wetland
Located within
Distance to
Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
NA NA NA NA NA NA
Total Wetland Impact (acres) NA
3. List the total acreage (estimated) of all existing wetlands on the property: >0.5 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage. multiDIv length X width. then divide by 43.560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
ittent?
Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
Impact Area 1 Mills Branch Permanent/Culvert Perennial 10 feet 140 0.032
Total Stream Impact (by length and acreage) 140 0.032
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredging. flooding. drainage. bulkheads- etc_
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect_
Stream Impact (acres): 0.032
Wetland Impact (acres): NA
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.032
Total Stream Impact (linear feet): 140
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Page 4 of 8
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
8. 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: 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 original plans proposed
additional stream impacts, needed to tie into an existing pump station. In order to minimize
impacts, the applicant revised the site plans and will utilize directional drilling in this location.
The remaining impacts could not be avoided. Specifically Mills Branch Creek runs the length
of the western property line. Impacts were reduced by accessing the site along the northern
property at an existing culvert. The proposed turn lane is needed along highway 401 to provide
safe access into the office park. The additional impacts along Highway 401 were needed to
extend the fill slope to alleviate concerns that DOT voiced regarding the safety and stability of
the road in this area. The remaining wetlands and stream will be retained.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 of 8
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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.htm].
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.
Because the buffer impacts are not perpendicular, the applicant proposes payment to the
NCEEP.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): 34,890
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes El No
2. 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)?
Page 6 of 8
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", 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.
Permanent Impact - Culvert Extension
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 9,449 3 (2 for Catawba) 28,347
2 4,302 1.5 6,453
Total 6,339 34,890
*Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. The applicant proposes payment to the
NCEEP.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. DWQ issued a conditional permit, stating that no
Page 7 of 8
work may begin on future phases until the final stormwater plans have been reviewed and
qpproved by DWQ Future phases will comply with the General Certifications in effect at that
time and will provide treatment using constructed wetlands and/or bio-retention to meet the
stormwater requirements for sites located in a Nutrient Sensitive Watershed.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary Sewer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most
recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We do not
believe that this project will result in impacts to downstream water quality. During construction, the
applicant will utilize sediments basins to treat water before it enters the stream channels. Following
construction, levels spreaders will be built to provide diffuse flow into the buffer, as per NC-DWQ
guidelines. Any adjacent development that may occur, will also be required to comply with the local
stormwater requirements as well as the Neuse Basin Riparian Buffer Rules, therefore; we do not believe
that this project will have a negative effect on water quality.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
Applicant/Agent's Signature Efate i
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
. NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Print this form, fill in requested information, sign and date, and either mail to NCEEP. 16,52 Mail Service Center, Raleigh, NC
27699-1652, fax to 919-715-2219, or email [e-mail]. Attachments are acceptable for clarification
purposes (location map is required).
CONTACT INFORMATION APPLICANT'S AGENT (optional; APPLICANT
1 Business or Individual Name
?S'?'-?c?vl.we. Q?
' ?? tOa..??eri L.?C...
7 _.
2. Street Address or P O Box
3. City, State, Zip
4. Contact Person
5. Telephone Number %- 9q3w0
6. Fax Number X38 _ ao ok Ck
7. E-Mail Address (optional)

PROJECT INFORMATION
8. Project Name
9 Project Location (nearest to wn city)
, t
-ATTACH MAP SHOVANG IMPACT LOCATION" mc? ae.
10. Lat-Long Coordinates (optional)
11 Project County
..... ...... _. _ ..
12. River Basin
13. Cataloging Unit (8-digit) (See Note 1)
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
15. Non-Riparian Wetland Impact (ac.)
?A
16. Coastal Marsh Impact (ac.)
Wk
17. Stream Impact (ft.) (e.g. 1,234) Warm Cool
(See Note 2)
Cold
18 B effNotempact-Zone (sq. ft.) (e.g. 12,345) Zone 1.9yygsvr -A 3 Zone 2: ?L1 t.5
e 3)
19 Regulatory Agency Staff Contacts
(Indicate names, if known) USACE:?o,.,,?:•? S? DWQ: ?., Me'ul.•??w.,.
20. Other Regulatory ID Information
(e.g., USACE Action ID, if known) j
IMPORTANT
Check (-') below if this request is a:
_ revision to a current acceptance, or
_ re-submission of an expired acceptance
_ extension of unexpired acceptance
Signature of Applicant or Agent:
Date:
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
htto://cfpub.eoa.gov/surf/locate/index.cfm Note (9) above: requirement to attach location map.
Note 2: For guidance on stream temperatures, go to:
http://www.saw.usace.army.milNVEfLANDS/Mitigation/Documents/Stream/Aopendices/Ar)pendixl odf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Valerie Mitchener at 919-715-1973 or [e-mail]
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QF W ATFi9 Michael F. Easley, Governor
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-O William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
5 ?
Coleen H. Sullins, Director
Division of Water Quality
May 23, 2008
RFC f?? DWQ Project # 06-1154, Ver. 3
FQ Wake County
Mr. Johnny Blankenship MAY 2 y ?008 ? ? n
ABM Associates, LLC p 03 R 0 v 12
D
2204-F Associates Drive Withers & Ra
Raleigh, NC 27603 vene/ JUL 3 0 2008
Subject Property: Associates Park II DENR-WATER QUALITY
Mills Branch [030403, 27-43-15-7, C, NSW] yyETUWDSANDSTORMWATERBRANCH
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Blankenship:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 60 linear feet of perennial stream and 4,729 square feet of Zone 1 Neuse River
basin protected riparian buffer, and 2,304 square feet of Zone 2 Neuse River basin protected riparian
buffer (1,610 square feet permanent impact, and 694 square feet temporary impact), as described in your
application dated May 8, 2008, and received by the Division of Water Quality (DWQ) on May 9, 2008, to
construct a business park at the site and provide a turn lane to an adjacent business park. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW39 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
None Carolina
AaAma!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
ABM Associates, LLC
Page 2 of 5
May 23, 2008
Type of Impact Amount Approved Units Plan Location or Reference
Stream - intermittent 60 linear feet PCN page 4 of 8
Buffers Zone 1 4,729 (square feet) PCN page 7 of 8
Buffers Zone 2 2,304 [(square feet) 1,610 square feet
permanent impact, and 694 square feet
temporary impact] PCN page 7 of 8
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 Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.orgJdoh/operations/BMP manuaVdownloadBMII Manual pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
ABM Associates, LLC
Page 3 of 5
May 23, 2008
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
6. Diffuse Flow (DWQ Reviewed Plans)
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)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreader designs received by the DWQ on
January 23, 2008. The DWQ believes that if implemented, as per these plans, diffuse flow will
be achieved. However, if diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the
DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to
impede the formation of erosion gullies. At no time shall stormwater.from the proposed
development be piped directly through the buffer without prior DWQ written authorization.
The structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality. Stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all stormwater conveyances on all lots
containing these structures including future access for maintenance. The stormwater easements
shall allow for the ability to maintain the structures, perform corrective actions as described
ABM Associates, LLC
Page 4 of 5
May
above and shall provide protection of the structures from 23, 2008
owners. Potential alternations by future property
Stormwater Management Plan
The Stormwater Management Plan for each lot must be approved
Unit prior to any land disturbance associated with developing that
subject to another state stormwater program, by the 401 Oversight/Express
lot. If the project becomes
approved SMp must be submitted to gra401 m, Oversight/Express py of the local government's approval letter and
disturbance associated with developing that lot ma Eo omUnit before any land
8. Protective Fencing
The outside buffer, wetland or water boundary and along the
boundaries approved under this authorization shall be clean marked construction corridor within these
(or similar high visibility material) for the areas that have been approved with to infrorangeinge within warning fencing
thbuffer, wetland or water prior to any land.disturbing activities; the
9• Certificate of Completion
Upon completion of all work approved within the 401 Water
Buffer Rules, and any subsequent modifications, the applicant is
certificate
Di of completion to the 401 modifications
Press Review Quality Certification or applicable
required to return the attached
vision of Water Quality, 1650 Mail Service CenterRaleigh, NC' 276 Permitting , 276 Unit, North Carolina
Violations of any condition herein set forth may result in revocation 99-1650.
criminal and/or civil penalties. The authorization to proceed with Your proposed impacs or to impacts to waters v depicted in your a of this Certification and may result in
expiration of the 404 or CAMA Permit.
and as authorized by this Certification, shall ex iireuct
If do p upon
You not accept any of the conditions
stream of this Certification (associated with impacts),lyou may ask for an adjudicatory th
wen the approved wetland at
you receive this etter. To ask for a hearing, send a You must 60 days of the date that
act within
the North Carolina General petition
Statutes to the Office hearing.
of
Raleigh, N.C. 27699-6714. This certification and its conditio 'which conforms to Chapter 1 en o ter,
ofgdministrative Hearings, 6714 Mail Service Cen
hearing, ns are final and binding unless You ask disputes over determinations re Y for a
buffer impacts) shall be referred in regarding
this the Director fora Certificate
subject to review as decision. (associated with the approved ting provided in Articles 3 and 4 of G.S. 150B. The Directors decision is
This letter completes the review of the Division of Water
Act and the Neuse riparian buffer protection rule as described w' 1 '
any questions, please telephone Cyndi Karon or Quality under Section 401 of the Clean Water
Y Ian McMillan at 9191-733-1 786C 2B '0233. If you have

Sullins
ABM Associates, LLC
Page 5 of 5
May 23, 2008
CHS/ijm
Enclosures: GC 3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 061154Ver3AssociatesPark ll(Wake)401 _NBR