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HomeMy WebLinkAbout19991189 Ver 1_COMPLETE FILE_19991022State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director • wow NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 22, 2000 Wake County DWQ Project #: 991189 APPROVAL OF 401 Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Ms Anne Marie Maiorano Wake County Department of Human Services Post Office Box 550 Raleigh;; N!'lt+th Carolina 27602 Dear Ms. Maiorano: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 125 feet of stream waters for the purpose of relocating and restoring 125 feet of stream channel at Walnut and Nelson Avenues in Raleigh, as you described in your application dated 23 November, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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. This approval will expire when the accompanying 404 or CANIA permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you on December 30, 1999. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 3. The stream relocation plan dated 14 October 1999 must be implemented. 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 919-733-9646 Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office John Domey Central Files Todd St. John Bill Hamilton; Sungate Design Services Raleigh Division of Land Resources Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Wake County DWQ Project #: 991189 APPROVAL OF 401 Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Ms Anne Marie Maiorano Wake County Department of Human Services Post Office Box 550 Raleigh, North Carolina 27602 Dear Ms. Maiorano: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 125 feet of stream waters for the purpose of relocating and restoring 125 feet of stream channel at Walnut and Nelson Avenues in Raleigh, as you described in your application dated 23 November, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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, 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 except as modified below. If you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be requited as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional-conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 3. The stream relocation plan dated 14 October, 1999 must be implemented. In addition a biological monitoring plan must be approved in writing by DWQ before construction begins (Contact Mr. Dave Penrose of DWQ's staff for assistance in this matter). 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 Domey at 919-733-9646. Sincerenly,, rrpp yy?? 4 Kerr T. Stevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office John Domey Central Files Todd St. John Dave Penrose, DWQ Bill Hamilton; Sungate Design Services Raleigh Division of Land Resources Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper .......... L t r _ j f ? 1 r f r- ?r J _ 1 _ I 1 ? j f State of North Carolina ILF!WA Department of Environment and Natural Resources Division of Water Quality s James B. Hunt, Jr., Governor NC ENR Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES J- December 2, 1999 ?' ?? ,r ' .b =Nn. x s? ' .? .Zr MEMO TO: John Dorney - M :C f v d n D v a. FROM: Bob Zarzecki vu RE: Wake County Human Services 4 N Drainage Improvements; located between Walnut Avenue and Nelson ?i Avenue, Wake Forest, Wake County, NC The proposed plan calls for taking the existing channel and relocating it to alleviate historic flooding problems for an individual residential lot. It appears that the proposed activity will increase the overall channel length (resulting from the construction of meanders), improve the floodplain characteristics and enhance the vegetated riparian community (which is currently maintained lawns). The proposed channel bottom will consist of a woven coir fiber twine matting placed from bank to bank. The only rip-rap proposed is at the rock vane, vortex rock weir and rock inlet protection locations. Therefore, I don't agree that excessive rip-rap has been proposed. If the subject channel is indeed subject (see below), then this activity would require a variance from the NBR rules unless we can consider it stream restoration or stabilization. I looked at the site on 12/2/99 on my way into work. The top of the drai_ naae starts northValnut Avenue (see attached maps). The channel appears to start north of Nelson Avenue. It is most likely intermittent south of Nelson, but appears to be marginal to the north of Nelson. The channel within the project location is about 1 to 2 feet wide, dry (no pools) and contains lots of roots. (I didn't use the sheet to rate it. I wanted to talk to Steve first.) Steve Mitchell stated in his letter to the consultant that the feature is intermittent between Walnut and Nelson, subject to protection in the "middle of the block" (Which block?) and is ephemeral above and below this section (see attached letter). This statement was a little confusing. I'm currently in the process of confirming which areas are subject with Steve. (No one has asked for an appeal of Steve's call, so given the marginal nature of the channel I plan to agree with Steve. I just want to confirm that Steve's letter was written accurately and that the right channel section is being protected.) ? ?P W ?e C\c =-t W of A?°'°? Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621/ Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper VJ ?? ? ??,;?-? N-rS . 15, i MEMORANDUM TO: John Dorney Regional Contact: Steve Mitchell Non-Discharge Branch WO Supervisor: Ken SChi iStQr Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Wake County Human Services Project Number 99 1189 Recvd From APP Received Date 10/22/99 Recvd By Region Pr=oject Type stormwater control County wake County2 Region Raleigh Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Type Type Impact Score Index Prim. Supp. Basin Rer 26 F_- O YO -NF-F27-23-(1-5, WSII NSw 30,402. nbr ? ?5 Y @N ....F_r?I ??1 ?? O Y ON F -I?-??? Mitigation Wetland MitigationType Type Acres Feet Stream Impacts (ft.) Feet °c 4.1 Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 355850 Longitude (ddmmss) 783011 Comments: Excessive use of dp-rap. Limited hardening of stream channel might be allowed. Enlarged, detailed site plan would be helpful. cc: Regional Office Central Office Page Number 1 Facility Name Wake County Human Services County wake Project Number` 99 1189 Regional Contact: Steve Mitchell Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 wgA v'fA- NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL -RESOURC-ES RALEIGH REGIONAL OFFICE July 14, 1999 Charlie Musser Sungate Design Group JAMES B. HUNTJR 915-A Jones Franklin Road GOVERNOR Raleigh, N. C. 27406 WAYNE MCDEVITT SECRETARY --' r ? ': ,, v . Sit S l Subject: Neuse-RiverSasin Riparian Buffer Rules NBRRO 99-155 Streearn Relocation Wake Forest, N.C. Wake-County Dear Mr. Musser: On June 14, 1999, I met with you at the subject property to conduct a site visit for the above referenced project. This-project is referenced-by the Raleigh Regional Office as NB PRO 99-155. The feature is represented-on the Wake County Soils but not on the USGS map. This stream was evaluated to determine subjectivity to the Neuse Buffer Rule. As a result, it was-determined that the stream feature present on the property is at least' intermittent between Walnut and Nelson Avenue. This-feature begins several hundred feet north of Walnut and travels south. The portion of this stream in the middle of the block is subject to protection. The portions above and below are stotmwater or ephemeral channel and as such, are not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative-Code TI5A-02B.0233 (NCAC 0233). This letter only addresses the applicability, of the Neuse Buffer Rules. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please _ do not hesitate to contact us, Sincerely, 7 Steve Mitchell Environmental Scientist !t cc: RRO/John Dorney H:\nbrlet. for\neuse.buf\relocat.155 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609 PHONE 919-571-4700 FAX 919-571-4718 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER SUNGATE DESIGN GROUP, P.A. 915A JONES FRANKLIN ROAD RALEIGH, NORTH CAROLINA 27606 J r 919-859-2243 • FAX 919-859-6258 TO ?I?p? bLj « PAYMENT WE ARE SENDING YOU ? Attached ? Under sERP 4VEDia ? Shop drawings ? Prints ? Plans ? Copy of letter ? Change order ? COPIES DATE NO. DESCRIPTION 4 S?ZS F P.-4-3 C.- 7 PC?E - ?l T. c?zc?c C.?z+a.? P, P 1 Z ?! Ut?2-t? cc ?.Z?a,J 1~ e-e t 2? - sEZ t= ?s 8yzx?? 1-?c LQ R osisrc.? ?c.t ?vD S Z c- X45 ? t _ e17re NG? E? ?- f'Rc?S'?s-7 N 8a2 A.?°?'LtGaB+?a-c r t??Z2E?2 ? M ?4As ? L? ^J c i '*' U S G-c s , lI? A?C.IE Std+C,S THESE ARE TRANSMITTED as checked below: ? For approval ? For your use ? As requested ? For review and comment ? FORBIDS DUE ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints ? PRINTS RETURNED AFTER LOAN TO US REMARKS c- -1, Ga.c - Me- Val 4/4'o e- A-ejY Qoe'r' 9,jS Z3 1 a, COPY TO SIGNED: if enclosures are not as noted, kindly notify us at once. ? Approved as submitted ? Approved as noted ? Returned for corrections DATED ('-f. _Z? JOB O NO. _ l s ATTENTION RE: 01- Ff ?*., tr Wj?} the followi 'u "'Y CTty? ? ? Samples ? Specifications '' AT,jy1F ? July 14, 1999 WDENR Charlie Musser Sungate Design Group JAMES B. HUNT JR. 915-A Jones Franklin Road GOVERNOR Raleigh, N. C. 27606 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES v jyq RALEIGH REGIONAL OFFICE P4y IeIVT R1'cFl?F 0 Subject: Neuse River Basin Riparian Buffer Rules NBRRO 99-155 AYNE MCDEViTT Stream Relocation SECRETARY Wake Forest, N.C. Wake County r Dear Mr. Musser: On June 14, -1999, I met with you at the subject property to conduct a site visit for the above referenced project. This project is referenced by the Raleigh Regional Office as NBRRO 99-155. The feature is represented on the Wake County Soils but not on the USES map. This stream was „` s 4€ evaluated to determine subjectivity to the Neuse Buffer Rule. +..-5 .r:. - ? 2 As a result, it was determined that the stream feature present on the property is at least intermittent between Walnut and Nelson Avenue . This feature begins several hundred feet north of Walnut and travels south. The portion of this stream in the middle of the block is subject to protection. The v portions abo e and below are stormwateror ephemeral channel and as such are not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A;02B.0233 (NCAC 0233). Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Dorney H:\nbrlet.for\neuse.buf\relocat.155 ,. This letter only addresses the applicability of the Neuse Buffer Rules. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. ,9800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609 PHONE 91 9-571 -4700 FAX 91 9-S71 -471 8 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10y POST-CONSUMER PAPER lO Ct59 AOOgpulH •/u tce/00 OL'SLOC-anH uuO) juawdojanaa pup Jo4oazia Ai-4ununuoZ -1 SaTavqD •((q) Pule (ZT)(le)t£-89 4ZPd HaD VZ) S•8S. 4x;?d uaD ;Z qv s3ogolej aouleTjdm(oz) auq 10 AuE .ZabbiZX'4 IOU op pule 'papnrozg XTTV0Ti0ba4e, aO I((q)S£'89 -:Pvd HaD W S'85 o4 4oargnS 70H Pup Pepnrozg drre0T.z0b97eD ' (($£' 89 4aled HJD i+Z ) gdwaxm aile. 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Vd )!4unoD 03FM us[unggZ) `asianuOD ugof (uw4rj"nS)o vowppy T swew :ol Adoy (?a>,yp wv+>•Y31Mt7 )a oft T --N ! xra!dr?ay t2+;J P "ejPPY T "W1*0 ° 3uau,d0)ana(3- pue Du,uurW A wnWU*:) yo aoL40. xmwdo,.A.a uean Dw Ag P _ . W D-IvOS Ol lON c VV ),iiNIOIA ,mac 86 ? ?11S b\tco Ord ?? Odd 1??? 3?M 4 =1O NMOl 68IT66 d L ? - I.L. J::;, i - 1% p?YM?NT 991189 TOWN OF WAKE FOREST cq- ?P SITE P S> VICINITY M/ P NOT TO SCALE Y /f d Q N/ 9 N-rsS IZl 3230 722 2 140000 FEET 1 723 FRANKLINTON 9 Ml. 724 725 78i 301 -36°0 0 400 ZE? 1 ? ? (( ? C X00 i u ? o = to \\\ ( _ 9 Z 40( / p X50 _,I ? •g6 . • . a ^ • •,. ? 3985 79 O n A ' erdaol? I ,\0)111 ? 1s C D IT 1 1, 4 s. 9 3984 y •/I' 8y00c •'°p •? \ ( FEET A oa Q _. i 0 4 r o° r n 3983 299 7'30" 3981 WAKE COUNTY, NORTH CAROLINA - SHI (Joins inset, sheet 7) *.A . - 99118 9 DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED tPROVIDE NATIONWIDE PERMIT ) 26 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NA'RONWIDE PERMIT'S THAT REQUIRE: 1). NOTIFICATION TO THE CORPS-OF ENGINEERS 2} APPLICA'T'ION FOR SECTION 401 CERTIFCATION 3) COORDINATION WrM THE NC DIVISION OF COASTAL MANAGEMENT SENI?THEORIGINAL AND (1) COPY-OF TMS COMPLEMD FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OFENGFN€ERS (SEE AGENCY ADDRESSES STIEET). SEVEN- (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER 4UALITY. ATTN: JOHN DORNEY, 4401 REEDY CREED ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. I. OWWER'SNAME: Wake County Human Services 2. MAILING ADDRESS: Wake County offic.e...Building P . 0 . Box 55G SUBDIVISION NAME N/ A. 1=Y. Raleigh STATE: NC 21P CODE:. 27.602., PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Wake Forest, NC 3. TELEPHONE NUMBER: ? IiOME? N/A (WORK) 856-5268 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Wake County Human Services Attn: AnneMarie Maiorano _ P.O. B'ox 550' _ Raleigh, NC 27602 - - (9191 856-5268 -- 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY:- Wake _ NEAREST TOWN: Wake Forest . Y SpF=C LOCATION (INCLUDE ROAD NrJ?EP.S, LANDMARKS. ECTJ Located between Flalnut Avenue and Nelson Avenue (see attached vicinity maps) 6. D"ACTED dR NEAREST STRF"/RiVER: Smith Creek & Forestville RIVERBA,SIN• Neuse River Basin 73. IS pR03ECT I:C CATED -NEAR WATER CLASSIFIED AS TROUT. TIDAL SALn% ATER,-(SA), jUGH QUALITY WATERS (HQW). OUTSTANDING RESOURSE WATERS (ORW), WATER SUFpLy (WS-1 OR WS-II)? YES ( ) NO (X ) JF YES. EXPLAIN: 7b. IS TiM PROTECT LOCATED W MIN A NORTH CAROLINA DIVISION OF COASTAL MANAGE ENT AREA OP ENVIROV. & T'AL CON TERN (AEC)? YES ( ) NO ( X ) 7c. IF'T PROJECTS.LOCATED WT 1UW A COASTAL4COU91 Y (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES)-, WHAT IS TUr-- LAND USE PLAN (LTJP) DESIGNATION? NSA 8a. HAVE ANY SECTION 404 PERMIT'S BEEN PREVIOUSLY REQUESTW'FOR USE ON 11 -S PROJECT? YES ( - ) NO ( X ) IF YES, PROVMS ACTION LD. NUMBER OF PREVIOUS _. Q 2MI-p AND ANY ADI}xTIONAL YNFORMATTON ( R4CLUflE PHOTOCOPY OF 401 CERTIFICATION): .Eb. ARE ADDITIONAL PERMIT REQUES'T'S EXPECTED POP, THIS PROPERTY N THE PUTURI ? YES ( ) NO ( X) W YES. DESCME ANVCIPATED WORK: Limits of 0.238 _acres_ .Construction 9a. ESTIMATED TOTAL NUMBERS OP ACRES IN TRACT OF LAND: E a s e m e n t 9b. LSTFMATED TOTAL AI[.I2vtBER OF ACRES OF WETLA14DS LOCATED ON PROSECI' SITE- No wetlands associated with project- . 10a. NUMBER OF'ACRES OF WETLANDS IMPACTED .BY TH6 PIROPOSED PROJECT BY: m FTLIING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE UAPACTED: No wetlands-associated with lob (1) STRFAtit CHANNEL TO BE rKPACTED BY THE PROPOSED PROJECT (1F RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AF17ER RELOCATION: LENGTH BEFORE: 125 FT AFXFR: 1-2-8 _ lrT Varies 2.0 - 5.0 FT WIDTH BEFORE (based on normal high wattr contours) AVERAGE DEPTH BEFORE: 1.0 FT AFB: 1,2- (2) STREAM CHAWa RAPACTS WILL RESULT FROM: (CIMCK ALL THAT APPLY) OPEN CHANNEL RELOCATION: X__- PL4CEUEN'T OF FIFE IN CHANNEL= -- C1if 1*ffiL EXCAVATION: , COONSTRUCT I04 OF A DAIvf/ELOOOING: OTHF-R t 1. IF CONSTRUCTION OF A POND IS PROPOSED; WHAT IS THE SIB THE WATERSHED, DRADfff4G TO THE POND? Vs/RAT IS THE £)[PEC FED POND SURFACE AREA? - 11. DTSCI'IPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL FRUIPM&NT TO BE USED? (ATTACH PLANS: 8 V2 11Y 11 DR AWTNGS ONLY) Relocation of stream channel to tie into existing stormwater or ephemeral channel. Relocated stream will include meander bend and riffle sections, rack vanes and vortex rock weirs. Recommended equipment will be rubber-tired backhoe, bobcat and/or compact ackhoe. 13. pURPOSEOFPROPOSED WORK: to alleviate historic ftooding and drainage problems for Lot #12 14. STATE REASONS WHY-IT IS BELIE'VEaTHA'T TENS ACTIVITY MUST BB CARRIED OUT IN WMLAIgDS (INCLUDI: ANSI MFAsTJRF-&TAKF-14 TO MINIMIZE WEJ'LAND IMPACTS) No wetlands associated with property. •s?' 15. YOU ARE REQUIRED TO CONTACT THE US R'SH AND WU-DL FE SERVICE AND/OR NATIONAL MARINE FISBERIES SEI2IVE REGARDING THE PRESENCE OF ANY FEDERALY LISTED OR PROPOSED FOR LISTING' ENDANGERED- OR THREATENED SPECIES OR CRI T'ICAL IABITAT IN THE PERMIT AREA THAT MAY BE AIZFECTED BY THE PROPOSED PROJECT. DATE C'ONTACT'ED: 16. YOU ARE REQUIRED TO CONTACT TM STATE HISTORIC PRESERVATION OFFICER (SKPO) REGARDING THE PRESENCE OF HDSTORIC PROPERTIES IN THE PERMIT AREA WHICH MAYBE AFFECTED BY THE PROPOSED PROJECT. 'DATE'COAiTACTED 17. HOES THE PROJECT INVOLVE AN-EXPEND11U E OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE}LAND? YES ( X ) NO t ) (W NO, GO TO 16) a. If YES, DOES THE PROJECT REQUIREaPREPERATTONOF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ( ) NO { X ) b. IF YES, HAS THE•DOCUMEirT -BEEN REFMWED. TVROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION S FATE°CLEA+R?i 30HOUSE YES ( ) NO (X ) IF AmswER.17b is YES, THENSUBMTT APPROPRIATE-zOCUMEI3TATIONFROM THE STATE -CLEARINGHOUSE WITH THE NORTH. CARD N*AZNVTRONMENTAL POLICY ACT'_ QUESTIONS 'REGARDING THE-STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DlnCTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH. NORTH CAROLINA 27603-5003, TELEPHONE (919) 733=6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARCS OF EXCAVATED OF FM L MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAT' SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 15, 21, 26, 29, AND 35). ALL. STREAM (INTER1vIITTENI'.AND PERMANENT) ON THE PROPERTY. MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHO'T'OGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. 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 PROPOERTY? f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUfHORIZ:ATION LETTER, IF APPLICABLE. NOTE: WTLANDS.OR WATERS OF THE US MAY NOT BE IM-PAC I ED PRIOR TO: I) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT. 2) EITIIER THE ISSUANCE OR WAIVER OF A 401 DMSION OF WATER WALITY CERTH7CATION, AND 3) (IN TIM TWENTY COASTAL COU14TMS ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WTM THE NORTH-CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/ 'S SG?IA A (AGENT'S SIGNATUi VALIb?ONL.Y ONLY. IF AUTHORIZATION LEFI EIt FROM THE OWNERiS PROVIDEDk WAKF rni i..Tv - - SUNGATE DESIGN GROUP, P.A. 915A JONES FRANKLIN ROAD - ?t v RALEIGH, NORTH CAROLINA 27600.9 9 1 l 919-859-2243 • FAX 919-859-6258 TO t? L L r-_N P. WE ARE SENDING YOU ? Attached ? Under separate cover via ? Shop drawings ? Prints ? Plans ? Copy of letter ? Change order ? COPIES DATE NO. DESCRIPTION 2?-Gv..Is 'Tt t rt?Z?O? 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R$ • r '?X '[1 oc ovLL 2 140 000 FEET 1723 9 m-- i. 1724 A I e 5 •?il t i { _ ? t tl x'350 350 t ?? ?J : ? 30O o r kk N i •I o ? 5 1 a O 0 25 O p 725 78; 30' J J _ Z j .?: 3985 B 3984 - 81,0 •~ J? •"/f FEET T N 3983 o I F - U I 57'30., 299 U \ ' 11 ti - f i J _a?.• II 3881. \\ l 11 31 1--t C (10 ?l ?. w Uo 99? ?o x C) O ?D lD I'D 00 D\ lA C -n 0 c? y 0 N C //z? YJ [/) D zm N, ) v m m dzcn q?) Z N O o O o C u D ^z J Q m z z AC) 0 C CD rA y O N N N N O O p O O O O O OD tD 081064/3-90 m 91189 TOWN OF WAKE FOREST VICINITY M,4P NOT TO SCALE P? \q?? IMA Mn and uman Devtalopm&K Office of Community Planning z and Development (hearer a Addreaa o! Grsnl ltacsp:erM a Marts a TO* of Chid.EsaW- Offics() John Converse, Chairman Wake County ., Attention: David CristealQ 0 1 1 8 9 Post Office Box 550 Raleigh, IBC 27602 Copy To: (Name a Address of Subrrciprni) We received your Request for Release of Funds and Certification, form HUD 7015.15 on: 3/30/98 Your Request was for HUD/State Identification Number: Wake County Disaster Recovery Initiative All objections, if received, have been considered. And the minimum waiting period has transpired 4/15/98 Y vu ar, b wf autuonacd to use. the f=ds pr.:.,idea to-you for r1+e above HUD/State Identification number. Fue this form for proper record keeping, audit, and inspection purposes. Wake County Disaster Recovery Initiative Install Emergency Generators Acquisition V_ ' " -em ro emenn -- Water and Sewer line extension Road Pavement Home Repair A Request for. Release of Funds is not required for Projects that are Exempt (24 CPR Part 58.34)), Categorically Excluded and Not Subject to 58.5 (24 CPR Part 58.35•(b)), or Categorically Excluded, and do not trigger any of the Compliance Factors at 24 CPR part 58.5 (24 CPR part 58.3.4(a}(12) and (b)y. Try" Mama and Me of Authom na Officer l to of Autt,orawl Off{eer Deis S!Vwd Charles T. Ferebee, Director Communtiy Planning and Development HUOForms version (electronic} Previous edition usable unul supply Is exhausted. form HUD-7016.14 001931 nf. Handbook 6513.01 5UNGATE DESI?IN GROUP, P:A: 915A JONES FRANKLIN ROAD f RALEIGH, NORTH CAROLINA 27606 9 919-859-2243 m FAX 919-859-6258 TO t_ t U ?J n(? ?. L 1 t(( (`! WE ARE SENDING YOU ? Shop drawing ? Copy of letter I?LS??L?Ln1 ?1? ? ? ° LN?LMJ??L,z1L? DATE zz 15-1 JOB NO. ATTENTION - G :G RE: J 12 i 6_1 ft?_ ? Samples the following items: El Specifications COPIES DATE NO. DESCRIPTION C{ 1 ik'le sL ?I t1 C !4 ! &__a i -=cc_.a? i <<: J _;? 4t'_(? ._ 1 ??/, ?r•? \i t( ir..J ( L u Li `.,CJC j - •,q_??.(? THESE ARE TRANSMITTED as checked below: ? For approval ? For your use ? As requested El For review and comment El FORBIDS DUE REMARKS ? Approved as submitted 13 Approved as noted El Returned for corrections El Resubmit copies for approval 11 Submit copies for distribution ? Return corrected prints ? PRINTS RETURNED AFTER LOAN TO US COPY TO tK ??/ ? Attached EJ' der ??r via _ s {?ql 'F'rln ?l ? Plans v ? Change order ? SIGNED: If __, ? if enclosures are not as noted, kindly notify us at once. PAYMENT RECEIVED DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED {PROVIDE NATIONWIDE PERMIT Q 26 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NAUONWIDE PERMITS TIiAT UIRE: ?r 1) NOTIFICATION TO THECORPSOF ENGINEERS pP4Yptn/ ' Y r 2) APPLICATION FOR SECTION 401 CERTIFCATION r ``C?4?D 3) COORDINATION WnH THE NC DMSION OF COASTAL MANAGEMENT Y SEND THEORIGINAL AND{1) COPY-OF THIS COMPL£MD FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OFENIGWEERS (SEE AC?ENCY ADDRf SS£S SHEEP). SEVEN- (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER _OUALITY. ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH. NC 27607. PLEASE PRINT OR TYPE. 1.- OWNER'S NAME: Wake County Human Services 2; MAILMADDRESS: Wake County office--.Building, P. 0. Box 550 SUBDIVISION NAME NIA t;I'I'Y: Raleigh STATE: NC 71P CODE:. 27-602.. PROJECT LOCATION ADDRESS, MCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Wake Forest, NC 3. TELEPHONE NUMBER: (HOME) NIA (WORK) 856-5268 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Wake County Human Services Attn: AnneMarie Maiorano P.O. B'ox 550 Raleigh, NC 27602 (919) 856-5268 - 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Wake - NEAREST TOWN: Wake Forest . SPECERC LOCH MN (INCLUDE ROAD WJ1, SERS, LANDMARKS. ECT.) Located between (dalnut..Avenue and nelson Avenue (see attached vi-cinity maps) 6_ JWjkC rM OR NEAREST STRP-AMAUVM- Smith Creek & Forestville RIVER B ASIN• N.e u s e River Basin 7a. IS PROTECT L:o^..ATED NEAR WATER CLASSIFIED AS TROUT. TIDAL. SAL`['1VAI£R,{SA), IIIGIi QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS <OF-W ). WATER $UppLY <WS-I OR WS-II)? YES ( ) NO (X ) W YES. EXPLAIN: 7b: IS TIDE PROTECT LOCATM VATHN A NORTH CAROLINA DIVISION OF COASTAL MANNOWIDE ZT AREA OP ENVIRONTAL CONCERN (A2C)? YES ( ) NO (X ) 7c. IF M PRO=TZ.LOCATED WMMA COASTALCOUM (SEE PA4GS 7 'FOR LIST OP. COASTAL COMTIES), WHAT IS Tq£ LOOM USE PLAN (LUP) DESIGNATION? N/A OLrSLY 'SQUE'STM T:OR USE ON 1'?S 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVI ( ) NO ( X ) IF YES, PROVME ACTION LD. NUMBER OF PREVIOUS . 92. YEA PB.1 vfff AND ANY ADDITIONAL INFORMATION { R4a-UDE PHOTOCOPY OF 401 CER.TMCATION): .Eb. ARE ADDITIONAL PERNGT REQUESTS EXPECTED FOR i RIS PROPERTY IN THE PUTURE? YES( ) NO ( X) W YES, DESCRME ANTICIPATED WORK: _ Limits of , 9a ESTIMATED TOTAL, NUMBERS OP ACRES IIr TRACT OF LAND: 0.238-acres Construction Ease m en t 9b. E<STEvtATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PR07ECT' SITE: No wetlands associated with project. 6 R 10a. 14UMBER OF ACRES OF WETLANDS IMPACTED 8Y THE PROPOSED PROISCT BY: FILLING: EXCAVATION:- FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: No wetlands associated with r iob_ (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELZOC.A, ED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: 125 FT AFTER: 12-8 _FT Varies 2.0 - 5.0 FT WIDTH BEFORE (based on nonral high Water concours): 1:2 FT AVERAGE DEP'T'H BEFORE: 1 , p FT AFTER: (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: ?._ -- PLACEMENT OF PIPE IN CHANNEL -- C L&NNEL EXCAVATION: _ COONSTRUCTION OF A DAM/nMVING: OTEMR: 11. IF CONSTRUCTION OF A POND IS PROPOSED. WIIAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12, DLSCTIPTION OF PROPOSED WORD INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (A'T'TACH PLANS; 8 U2 BY 1-1 DRAWINGS ONLY) Relocation of stream chanr)el to tie into existing-stormwater or ephemeral channel. Relocated stream will include meander bend and riffle sections, rock vanes and vortex rock weirs. Recommended. equipment will be rubber-tired backhoe, bobcat and/or compact ackhoe. 13. PURPOSEOFPROPOSEDWORK: to alleviate historic ftoodin and drainage problems for Lot #12 14. SATE REASONS WHY*1T IS BELIEVED THAT THIS ACTJVITY KUST BE CARRIED OUT IN VTETLANDS (INCLUDE ANY M7&ASUR.ES TAKEN TO MINIMIZE WET(-AND IMPACTS) No wetlands associated with property. tS., YOU ARE REQUIRED TO CONTACT THE US FM AM WELDL1FE SERVICE AND/OR NATIONAL MARINEFISHERIES SURIVE REGARDR`lG 111E PRESENCE OF ANY FEDERALY LISTED OR PROPOSED FOR LISTINGENDANGERED- OR THREATENED SPECIES OR • CRMCALUABITATIN THE PERMIT AREA TUAT MAY BE Aiq=ECTED BY THE PROPOSED PROJECT. DATE CONTACTED; 16. YOU AREREQUIRED TOCONTAC'T'Tffi STATEHiSTORICERESERVAT'ON-OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES.-IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. I)ATE CONTACTED 17. 'DOES THE PROJECT INVOLVE AN EyPENDrfURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ( X ) NO ( ) (fP NO, GO TO 16) a. IF YES, DOES TOTE PROJECT REQUIRE -PREPERATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMM- TS OF TEE NORTH CAROLINA .ENVIRONMENTAL POLICY ACT? YES ( ) NO _{ X ) b. IF YES, HAS THE3DOCUMENIT BEEN REFIEWE.D TOUGH THE NORTH-CAROLINA DEPARTMENT OF ADMINISTRATION STATE<MEA-P NGHOUSE YES ( ) NO (X ) IF ANSWER 17b IS YES, THEN SUBMIT APPROPRLATEX)OCUMENTA'RONFROM THE STATE CLEAR NGHOUSE Wn H THE NORTH. CAROLINA R VUWNMENTAL POLICY ACT. QUESTIONS-REGARDM THE-STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGEIT, DIRECTOR-STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 1115 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003. TELEPHONE (919) 733.6369. 18. THE'FOaOWING n 'Ems SuOULD BE wcLuDED WITH TH'S APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF'FML 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 STREAM (INTERMITTENT-AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. b. IF AVAILABLE, REPRESBNTATiVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. 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 MA.NAGF-MhNT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPOERTY? f, IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g_ SIGNED AND DATED AGENT AUTHORIZATION LErrER, IF APPLICABLE. NOTE: W`II.ANTDS OR WATERS OF THE US MAY NOT BE BfPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE9R WAIVER OF A 401 DIVISION OF WA'T'ER QUALITY CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY). A LEER FROM THE lm-rj CAROLINA DIVISION OF COASTAL MANAOEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. 11 a1 A, ) ATE Tf*?? OWNER'S/ 'S SIGNA (AGENT'S SIGNATUPi VALID ONLY. IF AUTHORIZATION LEI'IER-FROM THE OWNBRIS PROVIDED). 1 1 I I I it CC C D O G < r?DD D -? A A L 0 0 w -ROO rnzz all x -n o v 0 rnz ? cm o<_ cn 0 J 1? O » I > H y? Q O O ,may P-3 y W N 'f" Im I? D N i R/ r ?? Sb ? t gpg s yy k4. • 6 C f a ? d y a 3 in ? ? f < ro v e k ? • ! 1 f o $ lit 7 Y a N / ?'•, ? ?1'i I 1 / ? r e • ? ? ? ?' ? 1' i i jI ? Si A to ro? J / 1 liM ,` i i fO ? Z ol T ' M °C a N -4 (y N r a 0 ? n yZ [y y? C? Z to rq r- 4ya R " d -Nft ro Z A i t'?[ A. a a a_ p ? r r -4 , o u g a[[ ea see[ we 2 F 117, D fr[ ca N 68IT66 Tr ? •? a?R a? saw n,. waz anrs w wwruu w aiwa ,a[ woanr a so ?cwa war /at wa ? oaauao a am Ne ,aa nor >t ? uo a aroe aa?r a? n rmoR nx w P f ?w Me LL ## 6 _ 8 69 F. i ggi1 D? c z AN j• N s o 4 O- 0 -1 Y' C am fm 6 6 r l?u a?. o oo-•\ 8 ! 6 Q I J L A / f 1 _ all A P1 ? i ?? 1 tl Z?. 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E E E IH ;$ a I jil •+.r. auau. a.w o rw oao sonr? ro Reaa+n.ow.ons a o.ra ?, wmn s a asw oar Na r? ? navse a ror •e i.r for A ? um a a.ar omr oosr sr Berme. or Boa E r State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Kerr T. Stevens, Director k11 1 • • WA Bill Holman, Secretary A;lk ;___ NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 22, 2000 Wake County p t DWQ Project #: 991189 V?_ I APPROVAL OF 401 Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Ms Anne Marie Maiorano Wake County Department of Human Services Post Office Box 550 Raleigh, North Carolina 27602 Dear Ms. Maiorano: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 125 feet of stream waters for the purpose of relocating and restoring 125 feet of stream channel at Walnut and Nelson Avenues in Raleigh, as you described in your application dated 23 November, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you on December 30, 1999. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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 211.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 3. The stream relocation plan dated 14 October 1999 must be implemented. 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 Domey at 919-733-9646 Wilmington District Corps of Engineers Cors of Enineers Raleigh Field Office lig Regional Office Sungate Design Services an of Land Resources Division of Water Quality - Non-Discharge Branch Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 ity Affirmative Action Employer - 50% recycled/10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 4 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 22, 2000 Wake County Q DWQ Project #: 991189 V?IM_ J APPROVAL OF 401 Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Ms Anne Marie Maiorano Wake County Department of Human Services Post Office Box 550 Raleigh, North Carolina 2`i+602 Dear Ms. Maiorano: You have our approval., in accordance with the attached conditions and those listed below, to place fill material in 125 feet of stream waters for the purpose of relocating and restoring 125 feet of stream channel at Walnut and Nelson Avenues in Raleigh, as you described in your application dated 23 November, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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. This approval will expire when the accompanying 404 or CAML A permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you on December 30, 1999. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 3. The stream relocation plan dated 14 October 1999 must be implemented. 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 Domey at 919-733-9646 Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office John Dorsey Central Files Todd St. John `Bill Hamilton; Sungate Design Services Raleigh Division of Land Resources Division of Water Quality - Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper