19970179 Ver 1_COMPLETE FILE_19970305

A
DEM ID:
9 7 01?9
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
14
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
A=: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Preston Develop=ent Company
2. Owners Address: 1005 High House Road, Cary, NC 27513
3. Owners Phone Number (Home): (919) 4 81-1212 (Work): (919) 4 81- 3 0 0 0
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
ECPS, Inc. c/o Nelson G. Paul
2216 Dobbin Place
Raleigh, North Carolina 27604 [phone]
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City: Cary
Specific Location (Include road numbers, landmarks, etc.): (see attached)
6. Name of Closest Stream/River: C o l e s B r a n c h
7. River Basin: Neuse River/Crabtree Creek
8. Is this project located in a watershed classified as Trout, SA, HQw, 0&1;v, :rS I, or WS II? YES [ ] NO ]
9. Have any Section 404 permits been previously requested for use on this property? YES [g] NO [ ]
If yes, explain. (see c h cl )
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
approximatelv 8 to 10 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: (see attached table) _
Drained:
Flooded:
Excavated:
Total Impacted:
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12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
(see attached Figures 3 & 4)
13. Purpose of proposed work: ( s e e a t t a c h e d)
14. State reasons why the applicant believes that this activity must be carried out in wetlands.
taken to minimize wetland impacts.
(see attached)
15. You are required to contact the U.S. Fish_ and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [X ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
X A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential
F. Jf applicable, what is proposed method of sewage disposal? P O TW
Owner's Signature Date
Also, note measures
X-Included with DEM submittal only
-Data Sheets completed by previous consultant and
not available.
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ENY/AONMENT.4L CONSUL TANTS.4N0 PEA,f11T SP3ECL4L/STS
PRESTON DEVELOPMENT - THE GRANDE II
NATIONWIDE PERMIT APPLICATION
APPLICATION FORM ADDENDUM
Question - Answer
5. The Project (see below) is located north of Coles Branch, south of Southern Railroad, east of
The Grande I (in the Preston subdivision), and west of the future Cary Parkway. Access to the site is
obtained from the end of Bending Oak Way within the Preston subdivision. See attached site location
map.
11. The projected impacts of the Project will only involve "Waters or the United States" (herein
afterwards referred to as "Waters") in the upper limits of two unnamed intermittent streams. No wetlands
are anticipated to be impacted by the proposed project. The impacts to Waters will be as follows:
CROSSING LINEAR
WATERS CROSSING LENGTH LENGTH AREA
NUMBER FEET FEET SQUARE FEET
1 2 45 90
2 2 45 90
3 5 45 225
4 3 45 135
TOTALS 12 180 540
ACRES 0.012
13. The Project ('Project" refers to the Waters crossings described above) is the minimal necessary
to construct the roadways required for development of the subject property (Preston subdivision) as a
residential subdivision.
14. In view of the subdivision requirements imposed by the Town of Cary and the physical
constraints of the subject property including the existing railroad, existing utility lines and topography, the
Project impacts are the minimal amount necessary to meet the Project purpose. The Project impacts
have been avoided to the maximum extent possible.
Additionally, in accordance with the requirements outlined in Nationwide Permit (NWP) 14, the crossing
widths are the minimum amount necessary for the actual crossings, the filled area is less than \1/3\ acre,
no more than a total of 200 linear feet of fill will be required, the crossings will be culverted to prevent the
restriction of expected high flows, low flows or the movement of aquatic organisms, and the crossings
are part of a single and complete project. The submittal of this application conforms to the notification
requirement of the rule, even though this is not required because no fills are anticipated in special
aquatic sites, including wetlands.
In accordance with the requirements outlined in North Carolina 401 General Certification for NWP 14,
the Project will be designed to culvert all streams to carry at least the 25 year storm event as outlined in
the most recent edition of the North Carolina Erosion and Sediment Control Planning and Design Manual
in order not to impede water flow. Pipes will be placed at or below the elevation of the streambed so as
not to impede aquatic movement. The appropriate sedimentation and erosion control practices will equal
or exceed those outlined in the North Carolina Erosion and Sedimentation Control Planning and Design
Manual. All sedimentation and erosion control measures shall be removed and the natural grade
restored after the Division of Land Resources has released the project. No fresh concrete will be utilized
in constructing the road crossings. All lots are buildable without additional fill beyond that allowed under
Page - 1 of 2
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=A4WM0YVAfEMTAL CONSULTAOV7.V"0!- -i IrSPLCZ4flS7S
other General Certifications. The crossings are from natural high ground to natural high ground. No
environmental documentation is required.
The impacts to Waters associated with the Project have been considered previously in past NWP
decisions of the U.S. Army Corps of Engineers. This portion of the Preston subdivision should be
exempted from the present NWP regulations because the individual and cumulative adverse
environmental impacts of the Project would be minimal and the property owner had, after October 5,
1984, but prior to February 11, 1997, committed substantial resources in reliance of the availability of
NWP 14 with regard to this portion of the Preston Development. Because of this, it would be inequitable
to frustrate the property owner's investment-backed expectations in regards to the Project.
Page -2of2
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February 28, 1997
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
State Historic Preservation Office
N.C. Division of Archives and History
109 East Jones Street
Raleigh, North Carolina 27601
Subject: PRESTON DEVELOPMENT - THE GRANDE II
NATIONWIDE PERMIT 14 APPLICATION
Gentlemen,
This letter is to notify you of the proposed project, indicated above, is under consideration by the
U.S. Army Corps of Engineers for Nationwide Permit 14 authorization. Additionally, the State of
North Carolina, Division of Environmental Management is considering this project for 401
General Certification. Please review this project for impacts relative to the specific area of
expertise for which your agency is responsible.
Please provide me with any comments your office may have regarding this project. Thank you
for your assistance and please feel free to call me at [phone] if you have any questions.
Cordially yours,
ECPS, Inc.
Nelson G. Paul
General Manager/Land Use Consultant
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WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: CESAW-CO-E
Subject: PRESTON DEVELOPMENT - THE GRANDE 11
NATIONWIDE PERMIT 14 APPLICATION
Gentlemen,
Attached is a permit application for a Nationwide Permit (NWP) 14 for the above-mentioned
Project. It is our belief that this Project does not require a submission under the "Notification"
general condition of the NWP program. However, because of the current State interest in
projects being considered under NWP 14, this Project is being submitted as if the "Notification"
general condition applied. Please review and call me at [phone] if you have any
questions.
Cordially yours,
ECPS, Inc.
Nelson G. Paul
General Manager/Land Use Consultant
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February 28, 1997
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SOURCE: USGS 7-112 MINUTE QUADRANGLE
CARY, NC
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FIGURE 1
SITE LOCATION MAP
NATIONWIDE PERMIT APPLICATION
THE GRANDE 11, PRESTON DEVELOPMENT
CARY, NORTH CAROLINA

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SOURCE: MAP DATED 1123197 FIGURE 2
BY WITHERS & RAVENEL
CARY, NORTH CAROLINA
WATERS CROSSINGS 1 & 2
.. I ... .. !
- .,;...... _
........ ...... _ ......... ........... _.... ....... ............................. _........................... NATIONWIDE PERMIT APPLICATION
Z-AW5A?4aAF ,EoVrAt
covsz&r"rs THE GRANDE 11, PRESTON DEVELOPMENT
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SOURCE: MAP DATED 1/23197 FIGURE 3
BY WITHERS & RAVENEL
CARY, NORTH CAROLINA
WATERS CROSSINGS 3 & 4
.......................... ................................................................................... NATIONWIDE PERMIT APPLICATION
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NCWRC, HCP , FALLS LAKE TEL :[phone] Mar 27'97 14:43 No.005 P.02

-- n North Carolina Wildlife Resources Commission P
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733.3391
Charles R. Mwood, Eimcutive Director
]A MORANDUM
"1't): John ! )omey
Division of Water Qualit
U40 " ?aj
From: Owen F. Andersondmont Region Coordinator
Habitat Conservation Program
Date; March 27, 1997
Subject: 401 Water Quality Certification for Preston Development Grande II, Coles
Branch. Neuse, River Basin, DWQ 970179
Staffbiolotists with the North Carolina Wildlife Resources Commission have reviewed
the subject project. Our comments are provided in accordance with certain provisions of the lash
and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-6674) and Section
401(h) of the Glenn Water Act of 1977 (as amended).
We have reviewed the application for certification to impact 0,012 acres of wetlands for
road crossings for a re-sidential development. There are approximately 8 to 10 acres of wetlands
on the site.
The application states that 404 permits have been applied for previously ror this
development. However, total impacts from previous pcmuts were not listed.
We have the following recommendations and comments concerning this application:
1. Although the impacts from this certification are relatively small, the impacts and any
required mitigation should be based on the entire development.
2. Place deed restrictions on the property to prevent any future impacts to wetlands by
current or future owners.
3. Require the applicant to maintain wetland hydrology by routing sufficient water to the
remaining wetland areas. High energy water should not be discharged directly to
wetlands.
Thank you for the opportunity to comment during the planning stages Fir this project. If I
can be of further assistance, contact me at [phone].
MEMORANDUM PRINT NAMES
Reviewer:
rO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: 7
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) %**
PERMIT YR: 97 PERMIT NO: 0000179 COUNTY: WAKE
APPLICANT NAME: THE GRANDE II PRESTON
PROJECT TYPE: RESIDENTIAL DEVELOP. PERMIT TYPE: NW14
COE #: DOT #:
RCD_FROM CD
_A: APP DATE_FRM_CDA: 03/05/97
REG OFFICE: RRO
RIVER-AND-SUB-BASIN-#: 030402 STR INDEX N0: 27-33-3
STREAM CLASS: C
WL_IMPACT?.: Y/F
WL REQUESTED: ?Sn C
WL_SCORE M :
MITIGATION?: Y/)
WL_TYPE: WL ACR EST? : Y/1`T
WATER IMPACTED BY FILL?:(9N
MITIGATION TYPE: i1
MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y16
IS WETLAND RATING SHEET ATTACHED?: 4)
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/6
RECOMMENDATION (Circle One): jf!?SU)E ISSUE/COND DENY
nnMMV71TIP ` _

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CC: Regional Office
Central Files
February 28, 1997
RECEIVED
MAR is 5 1997
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT ENVO NMENTALSCIENCB
NC DEPARTMENT OF ENVRIONMENT, HEALTH AND NATURAL RESOURCES ARANCH
P.O. Box 29535
Raleigh, North Carolina 27626-0535
ATTN.: Mr. John Dorney
Subject: PRESTON DEVELOPMENT - THE GRANDE II
NATIONWIDE PERMIT 14 APPLICATION
Dear Mr. Domey,
Attached please find seven copies of a permit application for Nationwide Permit (NWP) 14 for
the above-mentioned project. Please review and feel free to call me at [phone] if you
have any questions.
Cordially yours,
ECPS, Inc.
Nelson G. Paul
General Manager/Land Use Consultant
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npaul jufro_yam
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Preston Development
1005 High House Road
Cary, NC 27513
Dear Sirs:
&14
[D FE F=1
March 24, 1997
Wake County
WQC 401 Project #970179
You have our approval, in accordance with the attached conditions, to place fill material in 0.012 acres
of waters for the purpose of developing a residential area at Grande II Preston, as you described in your
application dated 28 February 1997. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3103. This Certification allows you to use Nationwide
Permit Number 14 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. 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 specked in the General Certification.
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. 276 1 1-7447. 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 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. Jol i`Dorney
Central Files
Nelson Paul; ECPS
Si JpGy'
L xjkl?
Pston:1o'w1d',1tr. P.
970179.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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