19970869 Ver 1_COMPLETE FILE_19971010

State of North Carolina
Department of Environment, LTK?FA 17 Health and Natural Resources • •
Division of Water Quality A4
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
p E H N R
A. Preston Howard, Jr., P.E., Director
October 21, 1997
Wake County
WQC 401 Project #970869
APPROVAL of 401 water Quality Certification
Mr. Stephen J. Brown
Town of Cary
Post Office Box 8005
Cary, NC 27512-8005
Dear Mr. Brown:
You have our approval, in accordance with the attached conditions, to temporarily impact in 3.01 acres of
wetlands or waters for the purpose of sewer line installation at Lynn Branch, as you described in your
application dated October 9, 1997. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Numbers 3101 & 3114. These Certifications allows you to use
Nationwide Permit Numbers 12 & 33 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 protect 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 150E 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,
VwJr.1P.E.
n Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
970869.1tr
Division of Water Quality • Non-Discharge Branch
,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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Robert J. Goldstein & Associates, Inc.
ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive
Raleigh, North Carolina
e.mail: [e-mail]
27616-3175
Tel: [phone]
Fax: [phone]
http://members.aol.com/rjga
9 October 1997
Mr. Eric Alsmeyer 970869
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615-6846
Re: Lynn Branch sewer replacement, Lochmere Lake, Cary, Wake County NC
Dear Mr. Alsmeyer:
Enclosed is a PCN and supporting documentation for permitting the above referenced
project, which will have no permanent impacts to waters or wetlands, but will temporarily
affect 2.91 acres of non-wetland waters (lake bottom) by excavation or fill, and will
temporarily drain about 50 non-wetland acres of the lake and less than 0.1 acre of marsh
wetland by lowering the lake level for several months. The Town of Cary plans to begin
construction in December or January, and hopes to refill the lake by May, before the onset
of hot weather.
We are sending simultaneously seven copies of this PCN and report to John Dorney
(DWQ) and one each to Candace Martino (FWS) and Renee Gledhill-Early (SHPO).
Sincerely,
Gerald B. Pottern, M.Sc.
Senior Biologist
F??GGr ? ??,G?a
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cF?
Environmental Assessments • Environmental Impact Statements • Jurisdictional Wetland Delineations • Endangered Species Surveys
Reservoirs • Archaeological Surveys and Testing • Water Supply Projects • Real Estate Risk Assessments • Lake Management
Watershed Management • Instream Flow Analyses • Mitigation Plans • Stream Restoration • Aquatic Toxicity Testing
404, 401, 402(IVPDES) Permits • Cryptosporidium Testing • Toxicity Reduction Evaluation • Municipal Solid Waste Landfills • Sewerlines
Wastewater Treatment Plants • Groundwater Monitoring 0 Biological Assessments 0 Expert Witness Testimony
Return to Patrick C. Lee,
Engineering Division
P. O. Box 8005
Cary, 14C 27512-8005
NORTH CAROLINA UTILITY AND, PIPELINE EASEMENT
WAKE COUNTY () 08 6 9
T141S DEED OF EASEMENT, made this
day of zew_ i 9-22, by
Lochmere Association
Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The
designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns
and shall include singular, plural, masculine, feminine or neuter as required by context.
W ITN1~SSETH•
WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North
Carolina and more partieularly dC3Qd cd tit Decd Book 4201 at page -)754, ano that the Grantors, for a valuable
consideration paid by the Grantee, the receipt of which is hereby acknowledged, do hereby convey unto the
Grantee for use as a utility and pipeline easement (which shall include, but not be limited to the installation,
inspection, replacement, repair, operation and/or maintenance of such..facilities and related appurtenances as
may be necessary for the transmission of water and/or wastewater) that property lying in Wake County, N. C.
and being more particularly described as follows:
SEE ATTACHED BXHIBITS A - O
The above described easements are subject to the following terms and conditions:
I. The Grantee shall be entitled to use the area in accordance with generally accepted
engineering practices as necessary and appropriate for excavating, sloping, cutting, filling, the
installation of sanitary sewer facilities and related appurtenances, grading or otherwise changing
the natural contours of the easement area as appropriate; and
2. Following installation of the sanitary sewer interceptor and related appurtenances the area
subject to this easement as well as all areas disturbed by the Town of Cary and/or its contractor
as part of the Lynns Branch Interceptor replacement project will be graded, stabilized and
restored. including using a landscape contractor to restore the area to as near as-possible pre-
construction conditions, including replacing vegetation in like kind and size; except that smaller
size trees may be substituted when it is impractical to replant mature trees. This easement also
covers the repair, replacement and otherwise restoration of the dock facility adjacent to
Grantee's property identified above. In the event the docks are removed or damaged as a result
of the Town of Cary's Lochmere - Lynn's Branch Interceptor project, then the docks shall be
replaced, rebuilt and restored to their pre-existing condition prior to the commencement of said
project. This restoration also includes any piping, pumps, plumbing, electrical or similar
appurtenances which may be related to Grantee's irrigation or fighting system.
3. After the restoration referred to above, routine maintenance (such as watering, pruning,
weeding and cutting ) of trees, shrubs, or other landscape materials, will be the responsibility of
the Grantors; and
4. The Grantors shall in all other respects remain the fee owners of the property and areas
subject to this easement and may make all lawful uses of the property not inconsistent with
the terms, and conditions set forth herein, provided there be no damage to the lateral and
subjacent support of the sanitary sewer facilities.
Return to Patrick C. Lee,
Engineering Division
P. O. Box 8005
Cary, NC 27512-8005
5, This easement is given pursuant to Article VII, Section 4 of the Declaration of Master
Covenants, Conditions and Restriction of Lochmere ("Declaration") and subject to the
convenants, conditions and restrictions set forth in such Declaration.
ALSO, during construction of the above project Grantee conveys a temporary construction
easement for the purposes stated above which is also included on the above exhibits and also
includes that certain lot identified as the Lochmere boat ramp area.
Following construction of the utility line and final acceptance for routine maintenance by the
Town of Cary, this temporary construction easement area shall terminate.
TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto
belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they
are seized of said premises in fee and have the right to convey the same, that the same are free from
encumbrances and that they will warrant and defend the said title to the same against claims of all persons
whosoever,
IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have
caused this instrument to be signed in its corporate name by its duty authorized officers and its seal to be
hereunto affixed by authority of the Board of Directors, on the day and year first above written.
ATT T;
SE
NORTH CAROLINA
WAKE COUNTY
BY:
_QkP?"- M - 044'pw??
SFJ?tL
VV •pann?rr?
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STRPORgrE
lac
N.
came CTHIS Is O CERTIFY T14AT on the ? day of 19 before me personally
(Assistant) Secretary, with whom I am personally acquainted, who,
bei by me dZrib+ein, om, says that ` ?.?w? tom is the (resident and
- ? - is the (Assistant) Secretary of Lochm r Asoci tion the
corporation d and which executed the foregoing instrument; that (s)he knows thecommon seal of
said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the
corporation was subscribed thereto by the said (Vice) President, and that the said (Vice) President and
(Assistant) Secretary subscribed their names thereto, and said common seal was affixed, all by order of the
Board of Directors of said corporation, and that the said instrument is the t d deed of said corporation.
WITNESS my hand and official seal, this, day of , 19. My
commission expires: *& Ae21-
NOTARY PUBLIC w

r
9 `:?, 9 401 Issue
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT ,nr) : 1OZ AND 33
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOT=CATION TO THE CORPS OF ENG=9EZRS
2) APPLICATION FOR SECTION 401 C=RTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL NAXAGZXEXT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATr
FIELD OFFIC Z OF THE CORPS OF ENG?S (SZZ AGENCY ADDRESSES Sa= T) . SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET) . PT_ ZASE PRINT.
1. OWNERS NAME: TOWN OF CAIey OWNS UTILITY 5f19ENEA/T)
2. MAILING ADDRESS: STEPHEN T. BROWN P E. TOWN OF CA AY DEPT. OF
DEVELOPMENT SERVICES, P0. 80X 8005 SUBDIVISION NAME: - -

CITY: CARY STATE: NC ZIP CODE: .275/-7- BOOS
PQOULCT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DI: TRENT FROM
MPZLING ADDRESS ABOVE) :
L OCHMERE LAKE ( LYNAI 9RANCH) 6`77NEEAI TRYON RP WP LOGHMERE bk.
3. TELEPHONE NUMBER (HOME) : (WORK) : (919) 96R- 3$30
4. ' I= APPLIC.t.BLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFF ICIIIA-L, -ADDRESS,
PHONE NUMBER:
SAME AS A,60VE
5. LOCATION OF WORK (PROVIDE A MAP, PREFERP-BLY A COPY OF USGS TOPOGRAPHIC
M_-ALP OR AERIAL PHOTOGRAPHY WITH SCP.LE) :
COUNTY: WAKE NEAREST TOWN OR CITY: CARY
EASTERN SHORE OF LOCHMFRE LA&E-2 FROM Mm 7D N,,000 FT. UPSTREAM
n
?T?`SC/?cNC?S
i
SPECIFIC LOCATION (INCLUDE ROAD W
NUMBERS, LANDM.AIRKS, ETC.) :
DAM IS PIA'ECTLY QENFATH LOCHHERE PRIVY , /l, ooo FEE F E4S7-
OF 1N7EI?9EGT1oA1 WITH KILDAME 1-hRN RoAD .
6. IMPACTED OR NEAREST STREAM/RIVER: LYNN BRANCH TRISURMY OF SWIFT CR
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-TT)? YES [ ] NO p?J IF YES, EXPLALN•
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL,
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO D<
7c. IF THE PROjEC" IS LOCATED WITHIN P_-COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
NA
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO X T-s- YES, PROVIDE ACTION I . D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION)
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO pQ IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: L AKE = $0 ACRES

9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
LESS THAN 0-/ 4CRE OF tVETLAND,s ARDUMP PERINETER OF LAKE
2
r
I,wATERs &
10a. NUMEER OF ACRES OE WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
1) 335 It x 20 ft = 0.16 acre non-wetland waters temporarily impacted by excavation and
backfill for sewer installation across two bays of the drained lake bed (NWP 12).
2) 4,000 ft x 30 ft = 2.75 acres non-wetland waters temporarily impacted by fill placed as
a construction access road in the drained lake bed (NWP 33).
3) 50 acres non-wetland waters temporarily dewatered by lowering the lake level 11 feet
during construction (NWP 33).
4) less than 0.1 acre marsh wetland temporarily dewatered by lowering the lake level 11 feet
during construction (NWP 33).
TOTAL IMPACT: Permanent: none. Temporary: 53 acre non-wetland, <0.1 acre wetland.
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT. (±r
RELOCATED, PROVIDE DISiANC. BOTH BEFORE AND AFTER RELOCATION) : NONE
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER:
AVrRAGE DEPTH BEFORE: FT - AFTER: FT
(2) STREAM_ CHANNEL !MPACTS WILL RESU"LT" FROM: (CHECK ALL TH_I T ADaLY)
OPEN CHANNEL RELOCATION: PLAC=SENT OF PIPE IN C'r?-NNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DA-M/EMOODING:"
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? LAX ISTING LAKE DSA = 3-5 SO-MILES
WHAT IS THE EXPECTED POND SURFACE AREA? 5XIST11116 LRKE SURFACE = 80 ACk£S
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY)
SEE ATTACHED REPORT S EC-T IONS /• 0 AND 3. 2
13. PURPOSE OF PROPOSED WORK:
SEE /i-TTRCHED REPORT, SECTION /• 0
3
i
t
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAM N TO MINIMIZE WETLAND
ZMPACTS )
SEE 47TAc-HEP REPORT SEcr'loNs l.0 AND 3-2-
15 . YOU ARE REQUIRED TO CONTACT THE U. S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE: FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SF.=-'v-T) REGARDING THE PRESENCE OF PSIY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDP.NGERED OR THREATENED SPECIES OR CRITIC.%L HABITAT
IN THE PERKS ARE? THAT MAY BE AFFECTED BY THE PROPOSED - PROJe.CT. DATE _
CONTACTED: /0 OCT 1777 (ATTACH RESPONSES
FROM THESE AGENCIES.) _
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OF:ICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HT_STOR_TC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED : ' ' 10 OCT / 997
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES. NO [J (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCM-f NT PURSUANT TO THE REQU=R _F,?ITS OF THE NORTH CAROLINA ENVIRONMENT_11L
POLICY ACT?
YES [] NO LESS TIfl4N 3.0 MILES OF AIEMJ S' EWER
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATT_ON STATE CLEARINGHOUSE?
YES [] NO [J NOT APPLIGRBLE
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE. TO DIVISION OF ENVIRONMENTAL 14-ANAGMIENT 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].
4

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION 1-7
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVA-TED.OR FILL MATERLnr,
INTO WETLANDS : NO WETLANDS AFFEGTE p NY- EXCAVATI01V 0,R FILL
a. WETLAND DELINEATION HAD SHOWING ALL WETLANDS, STREAMS, LASS
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 25,
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 AVATLA.BLE, REPRESENTATIVE PHOTOGRA_PH 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 USE OF SURROUNDING PROPERTY?
RES I PENT14L
f . IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
MUNI Gt PAL SEWER SERVICE &READY PRESENT'
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLIC23LE.
NOT- : WETLANDS OR HATERS OF THE U.S. KkY NOT BE III ACTED PRIOR TO
1) • ISSUANCE OF A SECTION 404 CORPS OF- ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVL'R OF A 401 DIVISION OF
ENVIRONIA-ENTAL MANAGEI,1ENT (WATER QUALITY) CERTIFICATION, AND
3) (MT = Tlti?r"'. 7TY COASTAL COUNT= ONLY) , A LETTER FROM T-..:e.
NORTH CAROLINA DIVISION OF. COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OW'NER' /AGENJS SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18a.) )
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LOCHMERE LAKE SEWER REPLACEMENT
WAKE COUNTY, NORTH CAROLINA
26 SEPTEMBER 1997
Report To:
Stephen J. Brown, P.E.
Department of Development Services
P.O. Box 8005
Cary, North Carolina 27512-8005
[phone]
Robert J. Goldstein & Associates, Inc.
ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive
Raleigh, North Carolina 27616-3175
Tel [phone]
Fax [phone]
RJG&A Project No. #89749
CARY Project No. #97-005.10
T
Table of Contents
1.0. PROJECT DESCRIPTION ........................................ 3
2.0. EXISTING CONDITIONS ........................................ 3
2.1. Fish and Aquatic Habitats .................................. 3
2.2. Wildlife and Terrestrial Habitats .............................. 3
2.3. Jurisdictional Waters and Wetlands ........................... 4
2.4. Protected Species ....................................... 4
3.0. IMPACTS AND RECOMMENDATIONS .............................. 4
3.1. Fish and Wildlife Habitat ................................... 4
3.2. Jurisdictional Waters and Wetlands ........................... 5
3.3. Protected Species ....................................... 6
4.0. LITERATURE CITED ............................................ 6
Table 1. Federal and State Protected Species Known from Wake County ...... 7
Table 2. Habitat Requirements and Presence of Suitable Habitat for Protected
Species Known from Wake County .......................... 8
s
2
1.0. PROJECT DESCRIPTION.
The Town of Cary is proposing to replace 4,050 feet of the existing 21 inch diameter
Lynn Branch interceptor sewer in the Lochmere subdivision. The existing interceptor is
located 10 to 20 feet from the eastern shore of Lochmere Lake in southwestern Wake
County, N.C. The replacement sewer will be installed between the existing line and the lake
shore. To minimize disturbance of adjoining lawns and landscaping, the lake level will be
drawn down approximately 11 feet below normal pool elevation, and a temporary gravel road
constructed on the exposed lake bed to provide access for construction equipment. The
gravel will be placed over a layer of fabric to facilitate removal when construction is
completed. At that time, the lake bed will be restored to its pre-construction grade and the
lake refilled.
2.0. EXISTING CONDITIONS.
2.1. Fish and Aquatic Habitats.
Lochmere Lake is an impoundment of Lynn Branch, a tributary of Swift Creek in the
Neuse River basin. The drainage basin area at the dam is 3.5 square miles, maximum depth
is 22 feet, and the lake covers approximately 80 acres at a normal pool elevation of 337 feet
NGVD. Fishes observed during the field reconnaissance or reported by residents are
warmwater species including largemouth bass (Micropterus salmoides), bluegill (Lepomis
macrochirus), carp (Cyprinus carpio), eastern mosquitofish (Gambusia holbrooki), channel
catfish (lctalurus punctatus), golden shiner (Notemigonus crysoleucas), and johnny darter
(Etheostoma nigrum). Muskrat middens on the shoreline contained shells of two species of
bivalve mollusks, the Asian clam (Corbicula f/uminea) and the eastern floater (Anodonta
cataracta). The lake substratum is comprised of clay, silt, and sand in the northern half, and
silt, sand, and gravel in the southern portion. Shoreline shrubs and saplings include tag alder
(Alnus serrulata), red maple (Acer rubrum), wax myrtle (Myrica cerifera), and buttonbush
(Cephalanthus occidentalis) along the few segments that are not mowed or bulkheaded. No
submersed or emergent aquatic vegetation beds are present, and woody debris is sparse.
Available cover for fish is limited to boat docks and undermined bulkhead walls.
2.2. Wildlife and Terrestrial Habitats.
The eastern shore of Lochmere Lake is predominantly residential with cultivated grass
lawns and widely spaced trees. Such areas have minimal value as wildlife habitat and native
animals are subject to predation by domestic cats and dogs. A few undeveloped lots are
partially wooded and provide habitat diversity, but their small size and wide spacing limits
their wildlife value. Wildlife species in these areas include house sparrow (Passerdomesticus),
cardinal (Cardinafis cardinafis), robin (Turdus migratorius), Carolina wren (Thryothorus
ludovicianus), mourning dove (Zenaida macroura), tufted titmouse (Parus bicolor), raccoon
(Procyon lotor), eastern cottontail (Sylvilagus floridanus), grey squirrel (Sciurus carolinensis),
and white tailed deer (Odocoileus virginianus). Feeding evidence of beaver (Castor
canadensis) and muskrat (Ondatra zibethicus) was found along the shore.
The extreme northern end of the lake, where Lynn Branch enters, has accumulated
sediment and contains muddy shallows with a narrow fringe of marsh wetland. Shrubs and
3
sapling trees in the marsh include tag alder, river birch (Betula nigra), and black willow (Sa/ix
nigra), and herbs include water primrose (Ludwigia spp.), smartweed (Polygonum spp.), false
nettle (Boehmeria cylindrica), duck potato (Sagittaria latifolia), and jewelweed (Impatiens
capensis). This area supports resident and migratory waterfowl and wading birds including
mallard (Areas platyrhynchos), domesticated ducks, mute swan (Cygnus olor), great blue heron
(Ardea herodias), green heron (Butorides striatus), and spotted sandpiper (Actitis macularia).
2.3. Jurisdictional Waters and Wetlands.
RJG&A ecologists Gerald Pottern and Martha Brewster surveyed the proposed
construction corridor for jurisdictional wetlands on September 15, 1997, using the 1987
Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory, 1987),
subsequent COE Regulatory Guidance Letters, and supplementary technical literature for
hydrophytic vegetation, hydric soils, and hydrology indicators.
There are no jurisdictional wetlands in the proposed construction corridor. A small
marsh wetland (less than 0.1 acre, described in Section 2.2) occurs at the head of the lake
1,800 feet upstream of the construction area.
The lake area inundated at normal pool elevation constitutes jurisdictional non-wetland
waters. Construction requiring fill or excavation in jurisdictional waters or wetlands must be
permitted through COE and the N.C. Division of Water Quality (DWQ), in accordance with
Sections 404 and 401 of the federal Clean Water Act (see Section 3.2).
2.4. Protected Species.
The Natural Heritage Program (NHP) has records of 27 protected species from Wake
County (February, 1997). Two vertebrates, one river mussel, and one plant are federally
endangered (E) or threatened M. The remaining 23 species are state protected (E, T, or
special concern (SC), including eleven vertebrates, seven river mussels, and five plants (Table
1). Habitat requirements of each protected species and the presence or absence of suitable
habitat in the project area are summarized in Table 2.
RJG&A ecologists Gerald Pottern and Martha Brewster surveyed the proposed
construction area for protected species and their habitats on September 15, 1997. No
protected species were observed during the field reconnaissance. There is no potential habitat
for any of these species in the construction area. The sewerline replacement will have no
direct impacts on protected species.
3.0. IMPACTS AND RECOMMENDATIONS
3.1. Fish and Wildlife Habitat.
At the proposed drawdown to 326 feet NGVD, Lochmere Lake will be reduced to 30
acres and a maximum depth of 10 feet, based on Wake County topographic mapping prior to
construction of the lake. If much silt has accumulated near the dam since impoundment, the
maximum depth may be shallower. The N.C. Wildlife Resources Commission and N.C.
4
Cooperative Extension Service recommend that most of the area in fish ponds should be 6 to
8 feet deep for protection against thermal extremes and overgrowth of aquatic weeds.
Depths in excess of 10 to 12 feet provide no additional benefit. Roughly half of the reduced
lake pool will be 6 feet or deeper at the proposed water elevation.
The 6 to 8 foot depth recommendation is based on the observation that most small
lakes and ponds in central North Carolina usually stratify at a depth of 4 to 5 feet during late
spring and summer. The surface waters (above the thermocline) may reach temperatures
above 90°F that are stressful to warmwater fish, and the bottom waters (below the
thermocline) may become oxygen deficient if stratification is persistent. Heavy rains, wind,
and prolonged cloudy weather may periodically disrupt stratification, cooling the surface
waters and re-oxygenating the bottom waters.
Fish will be concentrated during the drawdown. Depending on the current fish density
in the lake, some may die from crowding effects and many will be eaten. To minimize
adverse impacts on fish and promote recovery of the recreational fishery when the lake is
refilled, we recommend that water depths be checked by boat following drawdown to ensure
that a major portion of the remaining pool is at least 6 feet deep. If silt has rendered most of
the pool much shallower than this, fish mortality may occur if the lake is not refilled before
the onset of hot weather next year. The safest course of action would be to complete
construction and refill the lake by early May. If warm weather construction is unavoidable,
periodic profiles of temperature and dissolved oxygen would be useful for identifying critical
conditions, when electric or gas-powered aerators could be used. If significant fish mortality
due to heat, low oxygen, or disease is observed when the lake level cannot yet be raised, we
advise removing large numbers of fish with large seines or gill nets, to reduce fish density and
the likelihood of a major fish kill.
3.2. Jurisdictional Waters and Wetlands.
The marsh wetland described in section 2.2 is beyond the construction area, but will
be drained during lake drawdown. Herbaceous plants may temporarily die back but will
recolonize from seed or underground structures following refilling of the lake. Shrubs and
saplings in the marsh are not likely to be adversely affected by the drawdown.
The replacement sewerline will cross two bays along the eastern lake shore. The first
crossing is 1,400 feet upstream of the dam and spans 220 feet of open water. The second
is 2,000 feet upstream of the dam and crosses 135 feet of open water. The sewerline will
be buried at least two feet below the lake bed at these crossings to avoid creating an instream
obstruction and to protect it from damage.
Temporary impacts may include elevated turbidity and sediment deposition in Lochmere
Lake resulting from land disturbance during road construction, sewer installation, and road
removal. An erosion and sedimentation control plan must be submitted to the DEHNR Raleigh
Regional Office for approval at least 30 days prior to construction.
Two aspects of the project will require Section 404/401 permitting: 1) permanent
installation of the sewerline in 355 feet of the lake bed, and 2) temporary placement of fill for
construction access in 4,000 feet of the lake bed. None of the proposed construction is
within wetlands. COE Nationwide Permit 12 and its corresponding DWQ General Water
5

Quality Certification 3101 authorize excavation and placement of fill in waters or wetlands
for utility line backfill and bedding. COE Nationwide Permit 33 and its corresponding DWQ
General Water Quality Certification 31 14 authorize excavation and placement of fill in waters
or wetlands for temporary construction access and dewatering. These permits can be
combined to authorize a single, complete project, subject to certain conditions imposed by the
COE Chief Engineer (nationwide conditions), the COE Wilmington District Enginner (regional
conditions), and DWQ (401 Certification conditions). The regulatory text and RJG&A's
summary of these permit conditions are appended.
3.3. Protected Species.
No direct impacts to federally or state protected species are likely to occur as a result
of the proposed project, as none occur in the project area.
Several aquatic protected species are known from Swift Creek several miles
downstream of Lochmere Lake (Table 2). Silt from the proposed construction is unlikely to
affect these populations due to intervening impoundments. Nonetheless, appropriate erosion
control measures should be utilized to limit turbidity and sediment loading into Lynn Branch
and Swift Creek below Lochmere Lake, as the cumulative effect of many construction projects
over the past few decades has degraded aquatic habitat in much of the Swift Creek
watershed (N.C. Division of Environmental Management, 1993).
4.0. LITERATURE CITED.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg,
Miss. 100 p. + appendices.
N.C. Division of Environmental Management. 1993. Neuse River Basinwide Water
Quality Water Management Plan. N.C. DEHNR, DEM Water Quality Section, Raleigh.
6

Table 1. Federal and State Protected Species Known from Wake County, North Carolina.
Source: N.C. Natural Heritage Program, February 1997.
Scientific Name Common Name Federal State
Status Status
VERTEBRATE ANIMALS
Aimophila aestivalis Bachman's sparrow FSC SC
Ambystoma tigrinum Tiger salamander - T
Condylura cristata Star-nosed mole - SC
Coragyps atratus Black vulture - SC
Haliaeetus leucocephalus Bald eagle T E
Hemidactylium scutatum Four-toed salamander - SC
Lampetra aepyptera Least brook lamprey - SC
Lanius ludovicianus Loggerhead shrike - SC
Myotis austroriparius Southeastern myotis FSC SC
Myotis septentrionalis Northern long-eared myotis - SC
Necturus lewisii Neuse River waterdog - SC
Noturus furiosus Carolina madtom - SC
Picoides borealis Red-cockaded woodpecker E E
INVERTEBRATES (MUSSELS)
Alasmidonta heterodon Dwarf wedge mussel E E
Alasmidonta undulata Triangle floater - T
Elliptio lanceolata Yellow lance FSC T
Elliptio roanokensis Roanoke slabshell - T
Fusconaia masoni Atlantic pigtoe FSC T
Lampsilis radiata Eastern lampmussel - SC
Lasmigona subviridis Green floater FSC E
Strophitus undulatus Squawfoot - T
VASCULAR PLANTS
Helenium brevifolium Littleleaf sneezeweed - PE
Isoetes piedmontana Piedmont quillwort - T
Portulaca smallii Small's portulaca - T
Rhus michauxii Michaux's sumac E E/SC
Ruellia humilis Low wild-petunia - T
Trillium pusillum pusillum Carolina least trillium FSC E
E = endangered; PE = proposed endangered; T = threatened; SC = special concern;
FSC = federal species of concern
7
s
•
A
Table 2. Habitat Requirements and Presence of Suitable Habitat for Protected Species
Known from Wake County, North Carolina.
Scientific Name
VERTEBRATE ANIMALS
Aimophila aestivalis
Ambystoma tigrinum
Condylura cristata
Coragyps atratus
Haliaeetus leucocephalus
Hemidactylium scutatum
Lampetra aepyptera
Lanius ludovicianus
Myotis austroriparius
Myotis septentrionalis
Necturus lewisii
Noturus furiosus
Picoides borealis
Habitat in Wake County
grassy, open pine forests
fish-free temporary ponds near woods
moist meadows, bogs, bottomlands
forests (nesting); open land (foraging)
tall trees near large lakes or rivers
pools, bogs, seeps in hardwood forests
clean, unsilted streams; Neuse basin
fields and pasture
bldgs. and hollow trees esp. near water
bldgs., hollow trees, and caves
streams w/ riffles, woody debris; Neuse
streams w/ riffles, woody debris; Neuse
extensive mature pine forests
INVERTEBRATES (MUSSELS)
Alasmidonta heterodon
Alasmidonta undulata
Elliptio lanceolata
Elliptio roanokensis
Fusconaia masoni
Lampsilis radiata
Lasmigona subviridis
Strophitus "undulatus
VASCULAR PLANTS
Helenium brevifolium
Isoetes piedmontana
Portulaca smallii
Rhus michauxii
Ruellia humilis
Trillium pusillum pusillum
clean, unsilted streams
clean, unsilted streams
clean, unsilted streams
clean, unsilted streams
clean, unsilted streams
clean, unsilted streams
clean, unsilted streams
clean, unsilted streams
bogs, seeps, and riverbanks
granite flatrocks and diabase glades
granite flatrocks and diabase glades
dry, open forests and edges
diabase glades
rich, alluvial woodlands
Habitat Present
at Lochmere Lake
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
8