19970195 Ver 1_COMPLETE FILE_19970303

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
Mr. Frank Benson
Cities Development
P.O. Box 1607
Wilson, NC 27894
Dear Mr. Benson:
?EHNR
March 24, 1997
Wake County
WQC 401 Project #970195
You have our approval, in accordance with the attached conditions, to place fill material in 2,495 square
feet of wetlands and 490 linear feet of channels for the purpose of developing a residential subdivision at The
Council Tract, as you described in your application dated 27 February 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Numbers 3103 and
3108. These Certifications allow you to use Nationwide Permit Numbers 14 and 26 when they are issued by
the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. 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 H .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 specified 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 confonns 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 919-733-1786.
Sinc ly,
on Howard, Jr. P.E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files
Chris Huysman; Soil and Environmental Consultants
970195.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/100/6 post consumer paper
4EMORANDUM
CO
JOHN DORNEY
ENVIRONMENTAL SCIENCES BRANCH
PRINT NAMES : ? r ?c?m'
Reviewer:
WQ SUPV.:
DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) **
PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE #:
RCD_FROM _CDA:
REG OFFICE:
97 PERMIT NO: 0000195
THE COUNCIL TRACT
RESIDENTIAL DEVELOP.
APP
RRO
ZIVER AND SUB BASIN J: 030402
STREAM-CLASS: C
WL_IMPACT? : Y)N
WL_REQUESTED :
WL_SCOREM : /ye
COUNTY: WAKE
PERMIT TYPE: NW14,26
DOT #:
DATE FRM CDA: 03/03/97
STR INDEX N0: 27-33-2
-- WL TYPE:
?
WL_ACR_EST?:?Y N
WATER IMPACTED BY FILL?: ON G AS
MITIGATION?: Y/ MITIGATION TYPE:
MITIGATION-SIZE: yl? DID YOU REQUEST MORE INFO?:
IS WETLAND RATING SHEET ATTACHED?: Y/
Y le
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?:
RECOMMENDATION (Circle One): SSU ISSUE/COND DENY
Y/C
'4?
ez?12?1
Regional Office
Central Files
l&

i
fl & Environmental Consultants, Inc.
West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
NCDEH&NR - DWQ
Attn:. Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
US Army Corps of Engineers
Atha: Mr. Eric Alsmeyer
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615-6846
Dear Mr. Alsmeyer and Mr. Domey:
%-
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The purpose of this letter is to request 'a Nationwide Permit 14 and 26, and a Section 401 Water
Quality Certification for the project known as The Council Tract. The project is owned by Cities
Development and is located near the cities of Cary and Morrisville, NC (Wake County). The site
is shown on the enclosed plans and Cary, NC, USGS Topo Quad vicinity map.
Mr. Eric Alsmeyer approved the delineation of wetland areas. The site is served by existing
sanitary sewer. The site has approximately 3400 linear feet of channels that have been determined
to be Waters of the US and approximately 3000 square feet of vegetated wetlands.
It will be necessary to impact jurisdictional Waters of the US above headwaters for the placement
of proposed road and home sites. Impacts are shown, in detail on attached map and grade plans.
Impacts are to degraded channels and headwaters forested wetlands.
Please call if you have questions or require further information. If you intend to perform a site
visit please call and we will arrange for someone to accompany you.
Serely
opher uysman,
Biologist

Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
l
r.
5
0 February 27, 1997
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Ownees Name: Cities Development, Attn: Mr. Frank Benson
2. Mailing Address: P'. 0. Box 1607
Subdivision Name:
City: Wilson State: NC Zip Code: 27894
Project location address, including subdivision name (if different from mailing address
above):
3) Telephone Number (Home): (Work): [phone]
4) If applicable, agenfs name or responsible corporate official, address, phone.
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 W. Millbrook Road
Raleigh, NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Wake Nearest town or city: Cary

Specific Location (include road numbers, landmarks, etc.):
East of NC SR 1613 and north of an unnamed tributary of Turkey Creek
6. Impacted or nearest stream/ river: Turkey Creek
River Basin: Neuse River
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ( ) NO (X) If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ( ) NO ( X )
7c. If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO ( X ) If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ( ) NO ( X ) If yes, describe anticipated work:
9a.. Estimated total number of acres in tract of land: 29.713
9b. Estimated total number or acres of wetlands located on project site:
wetlands = 2,495 square feet; channels = +3,400 linear feet
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 2,495 sq. ft.
Excavation:
Flooding:
Other:
Drainage: Total acres to be impacted:
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: total 490' linear: NW26 After: 0 ft
Width Before (based on normal high water contours): ft
Width After: ft
Average depth before: ft After: ft
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: Placement of pipe in channel: X
Channel Excavation: Construction of a Dam/Flooding:
Other: road construction impacts 100' linear
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? NA
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Placement of channel in pipe for road crossing and lot fills; equipment
typically used for this work
13. Purpose of proposed work: Construction of residential subdivision and access
to high ground
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
Impacts to channels minimized; crossings of channels perpendicular to flow
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected,by the
proposed project. Date contacted: (attach responses from these agencies).
by USACOE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
by USACOE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ( ) NO (X) If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ( ) NO ( )
b. If yes, has the document been reviewed through the North Carolina
Department of Administration Stat Clearinghouse?
YES ( ) NO . ( )
?r
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Bagged, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh,. North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All
streams (intermittent and permanent) on the property must be shown gn the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or
their equivalent.
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. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Residential
f. If applicable, what is proposed method of sewage disposal?
Existing sanitary sewer
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
ner's/Agent's Signature
D -'p _G?
Date `
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
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Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Date: (5
Ap 2liwner: ?y i I? ?4?5 /l , c nt/O rM County.
Investigator. State:
Do Normal Circumstances exist on the site? Yes o Community ID:
Is the site significantly disturbed
(Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes 6 Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum 'Indicator
Dominant Plant Species Stratum Indicator
14iWeib%kAr 9.
2. er Kal,om" 1=A C. 10.
3. r.1i he t-N•. (9 LL
4.M f e- s if Sl .J hlt 6? 11.
12.
5.
C 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excludin
FAC-)
d 9
g
. ,
Remarks:
,HYDROLOGY _-
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake, or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
Other
No Recorded Data Available ? Saturated in Upper 12 inches
Water Marks

Field Observations: Drift Lines
Sediment Deposits

Z I-` Drainage Patterns in• Wetlands
Depth to Surface Water:
(in.) Secondary Indicators (2 or more required):

?Z _ f Oxidized Root Channels in
Depth to Free Water in PiL
- (in.) upper 12 inches

C= Depth to Saturated Soil:_ Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
.I

Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. MilIbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERA41NATION
(1987 COE Wetlands Delineation Manual)
Project/Site:Cnc,n..;1 rk2„c? Date:
???14J
9ppli cant/Owner:_ 2. j) I Qcrc d a. ? 4ir County:_INiO
Investigator. State: // L
d_1= C-?
Do Normal Circumstances exist on the site?
Is the site significantly disturbed
(Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
'e No Community ID:
Yes TransectID:
Yes o Plot ID:
VEGETATION
Dominant Plant S- ?e-cies Stratum Indicator
1 -T" e, r{C_ FAC_
2. Fr. k-4,4; r, tg, rA Ch'
3.12jAeterUS Nr fire Ac-
4 J2 SA
?'. PQ
is c u
5._11r o p ^?" :Z?et FA e--_
6.
7.
8.
Dominant Plant Species Stratum Indicator
10.
11.
12.
13.
14.
16.
rercent or Uominant Species that are OBL, FACW or FAC
(excluding FAC-). G 2-,!5
?a
Remarks:
/41.- 'y j _? C.,
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:

Depth to Surface Water4*/L'?7 (ut,)
Depth to Free Water in Pit?_(in.)
Depth to Saturated Soil:_?> 2j, (in_)

Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
f'1vi?1' Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels ui
upper 12 inches
__ Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks: