19971101 Ver 1_COMPLETE FILE_19971229

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State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary C) E N
A. Preston Howard, Jr., P.E., Director
January, 2 1998
Wake County
WQC 401 Project #971101
APPROVAL of 401 Water Quality Certification
Mr. Steve Davenport
Briar Creek Associates
c/o AAC Real estate Services
333 Fayetteville St
Suite 300
Raleigh NC 27601
Dear Mr. Davenport:
You have our approval, in accordance with the attached conditions, to place temporarily fill in 0.017
acres of wetlands or waters for the purpose of realigning a power line at Brier Creek CP&L Power Line
Realignment as you described in your application dated December 23, 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3114.
This Certification allows you to use Nationwide Permit Number 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
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,
r stop 'Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 i [phone] ¦ Fax [phone]

December 23, 1997
US Army Corps of Engineers - Regulatory
Attn: Ms. Eric Alsmeyer
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
NCDEHNR - DWQ WOSW ,D
Attn: John Dorney
4401 Reedy Creek Road c 1991
Raleigh, NC 27607 ?F??IAtC1?NGl
Dear Mr. Alsmeyer & Mr. Dorney:
The purpose of this letter is to request a Nationwide Permit 33 for the project known as
Brier Creek CP&L Power Line Realignment. The project is located near RDU Airport,
NC (Wake County). The site is shown on the attached plans and USGS Topo Quad
vicinity map.
A Nationwide Permit 33 will be necessary to temporarily impact 0.017 acres (see map)
of jurisdictional waters and wetlands above headwaters for the realignment of a CP&L
power line. Impacts will be associated with temporary access roads. No towers will be
in jurisdictional areas.
Temporary wetland impacts are to intermittent and stormwater channels. Clearing of
the right-of-way should not require a 401 or 404 permit. Such clearing also should be
consistent with the Neuse Basin Buffer Rules.
See the attached letter from the project owner describing the need for the realignment.
The attached plan shows both the existing and proposed alignment. An agent
authorization form is enclosed.
Please call if you have questions or if you intend to perform additional site visits.
Danny Smith of DWQ and Eric Alsmeyer of the Corps. have previously visited the site.
Sincerely,
Kevin C. Martin
President
Soil/Site K' lultsh ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Au
On-Site Waste Treatment Systems, Evaluation and Design
DWQ ID: Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 33
Pre-Construction Notification Application
cCivED
For Nationwide Permits that Require: ?g9?
1) Notification to the Corps of Engineers ?LL
2) Application for Section 401 Certification ENVIRONMENTALSOIENGES
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.
?r`•?-r C??e?? F?SSoc.h
1. Owner's Name:c/o AAC Real Estate Services Attn: Steve Davenport
2. Mailing Address: 333 Fayetteville Street; Suite 300
Subdivision Name: Brier Creek
City: Raleigh State: NC Zip Code: 27601
Project location address, including subdivision name (if different from mailing address
above): Between Highway 70 & SR1644 (see vicinity map)
3) Telephone Number (Home):
(Work): 919-821-2700
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: RTP
Specific Location (include road numbers, landmarks, etc.):
South of Highway 70, west of 1644 & SR 1973, north of SR 1002
See Vicinity Map
6. Impacted or nearest stream/river: Little Brier Creek
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-
In? 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).
To our knowledge
8b.
Are additional permit requests expected for this property in the future?
YES ( X ) NO ( ) If yes, describe anticipated work:
Residential & commercial development infrastructure roads, utilities, etc.
Planning is currently underway
9a. Estimated total number of acres in tract of land: Roughly 1500 acres
9b. Estimated total number or acres of wetlands located on project site:
Unknown
r
10a. Number of acres of wetlands impacted by the proposed project by:
Filling:
Flooding:
Drainage:
Other:
Total acres to be impacted: 0.017
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 150 ft After: 150 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:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond?
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):
0.017 ac (5 crossings, 30' wide) Excavation:
Typical construction of a large aerial CP&L power transmission line.
13. Purpose of proposed work: Realignment of existing power line, see attached
letter from AAC
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
See attached letter from AAC
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).
NA (performed by Corps.)
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:
NA (performed by Corps.)
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 State 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?
Undeveloped or residential & commercial
f. If applicable, what is proposed method of sewage disposal?
NA
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.

Owner's gent Signature
L? I -Z 71
Date
(Agenfs signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
n
SCALE 1:24 000
1 2 0 1 MILE
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
* 1 ,5 0 1 KILOMETER
MN
GN CONTOUR INTERVAL 10 FEET
NATIONAL GEODETIC VERTICAL DATUM OF 1929
7' 1'17'
124 MILS 23 MILS
UTM GRID AND 1987 MAGNETIC NORTH FIGURE 2. TOPOGRAPHIC FEATURES OF
DECLINATION AT CENTER OF SHEET SUBJECT PROPERTY
`i
SOUTHEAST DURHAM, N.
NE/4 DURHAM SOUTH 15' OUADRANOLE
35078-H7-TF-024
1973
PHOTOREVISED 1987
DMA 5255 IV NE-SERIES V842
viiox?ta1 Consultants,
Z44 West Millbv6ok Rtg*411RAcigh, NOtthCarol"utx 27609111(919) 846-5900111 Fat [phone]
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Name.
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Project Name/Desctf*n: '
Date- ._Iv y 3 JF?
The Deparimertt of the Army
V.5. ArMy Corps of t~nglnes&.
Wilmington District
PO Box 1890 `,.
Wilmington, NC 2$402
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Attn: d a C-..li.
zw"s
Field Otrice: C.
Re- Wetlands Related Conlt tM}` Ittkv
To Whom it May Concern:
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w?. l/?L ./.Cd??fcttSte? 1.t?t4
i, the current Prop owner,:Jvbhatj grid sUie Sall and Envirollmentdl
Consultants, tnc. to actin my-b?s!t IA..," GOO In the ?'viceSopq of permit appiicatlons, to
fumish upon request It sfOr?ta Nuon Irk su k 7 f applICMIOns, eta, from this day
fotwaro. Thisthe Sy d4of
This notification supersedes: Amy pmq*a oormWnde* 0013 1 the agent for this project.
32?eK ?o ce-?crII SvG, h 14A G a t?Q ? H?S??•,?
Print Owners Name: PMO C owners Signature:
cc'. Mr. John DOmey
NOOF-M&NR - DWI
Water Quality P1ONt±tq .
x101 Reedy Creeltfkoad
Raleigh. NC 27t'W
cc, Mr. Kevin Marttn
Soil and Emironow- gel C.a"witards, inc.
?,,,:1 ti+++ i-.valuat+on 111 Mapping an 't'lty?tC 11Cnatvsis gi W4!jtjnd% Mappiog and Mitigation f l:tn•+ronmrnt,il :Nl:.
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December 23, 11997
U.S. Arimy Corps of Engineers
N.C. Division of Water Quality
C/o Kevin Malin
Soil & Environmental Consultants, Inc.
244 West Millbrook Road
Raleigh, North Carolina 27609
Re: Brier Creek - CP&L Transmission Line Relocation
AAC Real Estate Services, Inc., as development agent for Brier Creek
Associates, owner of the approximately 1,800 acres generally known as the "Airport
Assemblage°, has submitted permit applications to relocate an existing CP&L
transmission line. The existing line bisects property designated for residential
development. Relocation of the line to the proposed right of way has two major benefits.
It will remove a substantial hazard and disruptive agent from the interior of the residential
community, and it will create a significant buffer between a more cohesive community
and the proposed Aviation Parkway.
Thank you for this opportunity to describe why this transmission line needs to be
moved. If you have any questions or need further information, please call.
Very truly yours.
AAC REAL ESTATE SERVICES, INC.
49fv-??
teve Davenport
Senior Vice President
Cc: Paul Herndon
Tom Anderson
17
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