19970280 Ver 1_COMPLETE FILE_19970401

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. Forrest Ball
Hartweel Realty
1027 Hwy. 70W
Garner, NC 27529
Dear Mr. Ball:
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May 20, 1997
Wake County
WQC 401 Project #970280
You have our approval, in accordance with the attached conditions, to place fill material in 1.03 acres of
wetlands or waters for the purpose of constructing a sewer line for the I-40 Industrial Park at I-40/SR 2547, as you
described in your application dated 26 March 1997. After reviewing your application, we have decided that this fill
is covered by General Water Quality Certification Number 3101. This Certification allows you to use General
Permit Number 049 when it is issued by the Corps of Engineers. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us and 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). For this approval to be valid, you must follow the conditions listed in the attached
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. 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.
Sincerely,
0'1 N
eston Howard, J .E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Kevin Martin; Soil and Environmental Consultants
970280.1tr
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/10% post consumer paper
From: "Fleek, Eric" <[e-mail]>
Organization: Nc DEBNR Raleigh Regional Office
To: john6dem.ehnr.state.nc.us
Date sent: Fri, 16 May 1997 15:04:54 +1100
Subject: Forest Ball I-40
Priority: normal
John,
Maybe I misunderstood your e-mail. I have not in fact scheduled a new
site visit to inspect the wet detention pond. Partially based on a
conversation with Pete yesterday we decided that I probably don't
need to make a special trip out there to look at the pond. I did see
it on Monday and it seemed to look (in my judgement at least) on the
size order of a 33,000 square foot pond. If you want me out there
again to do a more precise inspection-let me know. Also, this
morning I had lenghty discussions with John Holley. He had some
concerns regarding the Bob Barker (Wake Co., Fuquay-Varina)
commercial project in regards to some of our stormwater conditions.
Furthermore, and (more importantly in his estimation) he was
concnerned about the potential for overlap between some of our
stormwater conditions and sediment and erosion control requirements.
He has humbly requested that you give him a call to discuss the
project and some of his concerns. If you have questions, you know my
whereabouts. Eric...
V-- .,,. R
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B Hunt, Jr., 6 ove rnor
Jonathan 0. Howes Secretary
A. Preston Howard, Jr., P.E., Director
May 6, 1997
Durham County
DWQ Project # 95039
DWQ Project #970280
Mr. Forest Ball
Hartwell Realty
1027 Highway 70 West
Garner, NC 27529
Re: Compliance Inspection and 401 Water Quality Certification Request for I-40 East Industrial Park
Dear Mr. Ball:
On February 21, 1995-you were issued General Water Quality Certification Nos. 2671 and 2732
authorizing 0.81 acres of wetland or water impacts needed to develop the I-40 East Industrial Park
located off Jones Sausage Road near Garner, NC. This certification was issued only for the impacts
shown in your original application. The certification also carried the additional condition that a
stormwater plan, including a wet detention pond, he approved by the Division before construction
begins or lots are sold. The approved stormwater plan called for a 32,000 square foot wet detention
pond for the project. On April 1, 1997 we received an application requesting 401 Water Qpality
Certification for 1.03 acres of wetland impacts for a proposed sewer outfall for the I-40 East Industrial
Park.
On April 25, 1997, Eric Fleek with the Division's Raleigh Regional Office made a site visit to
the I-40 East Industrial Park to look at the impacts associated with sewer outfall request and to monitor
the project for compliance with the certification issued un 1995. Mr. Fleek found only a 625 square foot
pond to handle the stormwater for the site. In order to bring your project into compliance with the
1995 Water Quality Certification you will need to complete the approved stormwater plan as soon as
possible. Please provide us with a schedule for its completion along with a signed operation and
maintenance plan. If this matter is not promptly resolved, we will be required to issue an Individual
certification for the sewer line which ill require public notice and State agency review. In this case
approval of your Certification request will likely not he prompt. Until this matter is resolved, your
application for the sewer line (##970280) will he on hold and our processing time will not restart.
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Anion Employer 5016 recycled/10% post consumer paper
t9?, -.
Your cooperation in complying with the conditions of your 401 Water Quality Certification is
appreciated. Should you have any questions concerning this matter please feel free to contact me at
[phone] or Eric Fleek at [phone].
Sin rely
Jo R. Dorney
4( 1 Water Quality - tification Program
cc: Eric Fleek, DWQ Raleigh Regional Office
Eric Alsmeyer, USACOE Raleigh Field Office
John Dorney, DWQ Central Office
Kevin Martin, Soil and Environmental Consultants
File
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I4OEast.95O39
970280
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
APR
March 26, 1997
NCDEH&NR - DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Alsmeyer and Mr. Dorney:
US Army Corps of Engineers
Attn. Eric Alsmeyer
6508 Falls of the Neuse Rd. Suite 120
Raleigh, NC 27615
The purpose of this letter is to request a Regional 49 Permit and a Section 401 Water
Quality Cerification for the 140 East Industrial Park Sewer Outfall. Project. This project,
owned by Forest Ball, is located near Garner, NC (Wake County) as illustrated on the
attached USGS 7.5 minute series vicinity map.
Construction on the site will require: excavation of 1.03 acres of wetlands and one
perpendicular channel crossing.
Please call if you have questions or require further information. If you intend to perform a
site visit please call so we can arrange for someone to accompany you.
Sincerely,
4XI-41
Chris Huysman, Steve Roberts
Biologist Biologist
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ®Env iron mcntal
On-Site Waste Treatment Systems, Evaluation and Design
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): Regional 198100049
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. Owner's Name: Forrest Ball
2. Mailing Address: Hartwell Realty 1027 Hwy. 70 W.
Subdivision Name:
City: Garner State: NC Zip Code: 27529
Project location address, including subdivision name (if different from mailing address
above):
3) Telephone Number (Fax): [phone] (Work): 9( 19)772-0170
4) If applicable, agent' s 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: Garner
Specific Location (include road numbers, landmarks, etc.): 0.56 miles
north of the 1-40/Jones Sausage Rd (SR2547) insection
6. Impacted or nearest stream/river: Big Branch
River Basin: Neuse
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 ()) If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ( ) NO ( )
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? N/A
8a. Have any Section 404 permits been previously requested for use on this property?
YES (X ) NO ( ) 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 ( ) If yes, describe anticipated work:
NW's = 199404213 401 = 941031 see attachment
9a. Estimated total number of acres in tract of land: - 3.03
9b. Estimated total number or acres of wetlands located on project site: 1.03
10a. Number of acres of wetlands impacted by the proposed project by:
Filling:
Flooding:
Drainage:
Excavation: 1.03
Other:
Total acres to be impacted: 1.03
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: ft After: N/A ft
Width Before (based on normal high water contours): -15 ft
Width After: ft
Average depth before: ft After: N/A 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:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? N/A
What is the expected pond surface area? N/A
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Utility line installation,using equipment typically used for such projects
13. Purpose of proposed work: To provide sanitary sewer service to commercial
property
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
In order to
utilize adjacent land for commercial development, sanitary sewer service
must be provided and the least environmentally damaging route intersects
wetlands Minimization measures include: anti-seep collars, toe slope positioning
and grade restoration
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).
Copy to be sent to USFWS 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:
Copy to be sent to SHPO by USACOE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ( ) NO ( ) 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 ( )
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 Baggett, 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 on 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? commercial
f. If applicable, what is proposed method of sewage disposal?
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.
r
Owner's/Agent's ig ature Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
T IFA
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[D FE F=1
February 21, 1995
Wake County
DEM Project # 95039
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Forrest Ball
Hartwell Realty
1027 Highway 70 West
Garner, N.C. 27529
Dear Mr. Ball:
You have our approval to place fill material in 0.81 acres. of wetlands or waters for the purpose
of industrial park development at I-40 East Industrial Park, as you described in your application dated
21 November 1994. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Numbers 2732 and 2671. 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.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Written nFM annmval for a wet detention pond. must be received before construction begins or lots
are-sold. In addition, you should get any other federal
your project.
If you do not accent any of the conditions of this
state or local permits beforeyou go ahead with
heart^?* vim„ mnct art within ?n clays 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 Carolma 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Attachment U
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Domey
Central Files
I.KeVin'Vlartin;orl tivtronmental Consultants
95039.1tr
P.O. Box 29535, Raleigh, North Caroriind 27626-4535. Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 60% recycled/ 10% post-consumer paper
Site Vicinity Map
Blackburn Consulting Engineers / 140 East Industrial Park Project
Garner quadrangle (USGS 7.5 minute series (1964))
Scale =1:2000
Longitude = 350 43' 30"
Latitude = 78o 35' 20"
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MEMORANDUM PRINT NAMES:
Reviewer:" c-'
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: 91,
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 97 PERMIT NO: 0000280 COUNTY: WAKE
APPLICANT NAME: FOREST BALL, I-40 E. INDUSTRIAL PARK
PROJECT TYPE: SEWER OUTFALL PERMIT TYPE: GP 049
COE #: DOT #:
RCD_FROM _CDA: APP DATE_FRM_CDA: 04/01/97
REG OFFICE: RRO
RIVER-AND-SUB-BASIN-#: 030402 STR INDEX N0: 27-33-17
STREAM-CLASS: C
WL_IMPACT?:O/N WL_TYPE:?
WL REQUESTED : I. 03 WL_ACR EST?: YN
WL SCORE M : WATER IMPACTED BY FILL?: YO
MITIGATION?: Y, MITIGATION_TYPE:04
MITIGATION SIZE: 0? DID YOU REQUEST MO INFO? Y4*-
IS WETLAND RATING SHEET ATTACHED?: Y N
HAVE PROJECT CHANGES/CONDITIONS BEEN DIS WITH LICANT?: O/N
RECOMMENDATION (Circle One): ISSU SSUE/COND DENY
COMMENTS:
-Total requested impacts are 1.03 acres. This project seems to_
demonstrate good avoidance as the sewer line is placed at a
-adequate distance from the stream and that the line is being_
constructed as close to the toe slope as possible. The RRO
_ recommends that this certificate be issued ASSUMING that the wet
detention pond observed by RRO staff was built as required by DWQ,
and assuming it was in place prior to construction and/or lot sales-
as was required by a previous 401 dated 2/21/95 (#95039).
c 0 "d
CC: Regional Office
Central Files
Project name t0'?
Countv - A IQ
dame of evaluator

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