20051529 Ver 1_Complete File_20050804 (2)

O?O? W A T?9pG
co n?iY _\ 7

Mr. C. K. Smith
Southern Products and Silica Company
P.O. Box 189
Hoffinan, NC 28347

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 6, 2005
Re: Drowning Creek Deposit Mine, Richmond County
DWQ #041529; USACE Action ID. No. 200500164
APPROVAL of 401 Water Quality Certification - MODIFIED
Dear Mr. Smith:
Alan W. Klimek, P.E. Director
Division of Water Quality
Attached hereto is a copy of Certification No. 2551 issued to Mr. C. K. Smith of Southern Products and
Silica Company, dated September 6, 2005. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Storinwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
AWK/cbk
Attachments: Certificate of Completion
cc: U.S. Army Corps of Engineers, WilmingtonRegulatory Field Office
Wilmington District, USACOE
Ken Averitte, DWQ, Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Tracey Rush, Dr. J. H. Carter & Associates, Inc., P
0. Box 891, Southern Pines, NC 28388
Filename: 041529SouthernProducts&Silicallline(12ichmond)401_IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
No thCarolina
.11aturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Southern Products and Silica Company
Page 2 of 4
September 6, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. C. K. Smith of Southern Products and Silica Company
to fill 13.1 acres of jurisdictional wetlands in the Yadkin-Pee Dee River Basin, associated with the
expansion of surface mining activities in Richmond County, North Carolina, pursuant to an application filed
on the 9`" day of September of 2004, and in additional correspondence received April 12, 2004. According
to the application, Mr. C. K. Smith of Southern Products and Silica Company, have 13.1 acres of remaining
designated, permitted wetlands which may be filled per a DA permit granted on January 2, 1992, (AID#
199000114), which expired on December 31, 2002, and was extended by the Corps for 3 years. In this
application, Mr. C. K. Smith of Southern Products and Silica Company propose to extend the current permit
extension for 36 months to December 31, 2008, and modify the existing permit to change the location of the
last 13.1 acres of wetlands to be mined, from the approved wetland impact location to a new location along
the western edge of the existing mine, just outside the originally permitted mine area. This certification
replaces one issued to you on January 7', 1991.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 21-1.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby again approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Previously A roved Units Plan Location or Reference
404/CAMA Wetlands 13.1 (acres) I Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
jr . .
Southern Products and Silica Company
Page 3 of 4
September 6, 2005
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Alanual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Afannnal.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
Continuing Compliance:
5. Mr. C. K. Smith of Southern Products and Silica Company, shall conduct construction activities
in a manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. C. K. Smith and/or Southern
Products and Silica Company and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. C. K. Smith
and/or Southern Products and Silica Company in writing, shall be provided to the United States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project;
Mitigation:
6. The original mitigation plan for this project as approved in Certification 2551, issued January 7`h,
1991, hereby satisfies the compensatory mitigation requirements for this modification as long as
all provisions of that monitoring are met.
Southern Products and Silica Company
Page 4 of 4
September 6, 2005
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 6`h day of September 2005
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
AWK/cbk
WITHERS & RAVENEL
ENGINEERS 1 PLANNERS I SURVEYORS
ill MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone] D @ ad
FAX [phone]o0
NO 3 -,2005
To: John Dorney
-13E-A-,< - VTgTEMgi7ALITY
NC-DWQ -- -) -' a ? C !cTl1J.QSnI D STU?i 1NATER 6RAIJCN
WE ARE SENDING YOU ? Attached
? Shop Drawings ? Prints
? Copy of Letter ? Change order
LE ER o F lFP A'-' HMA FTA L
I
DATE 11/03/05 JOB No. 20 162
ATTENTION
PHONE#
RE: Plunge Pool Design - DWQ #: 2051529

? Under separate cover via
? Plans
? Diskette
the following items:
? Specifications
COPIES DATE NO. DESCRIPTION
1 1113105 1 Revised Plans

THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted
? For your use ? Approved as noted
® As requested ? Returned for corrections
? For review and comment ?
? Samples
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: John
Here's a copy of the revised plans for the Cary Oil Project. We have added a plunge pool/scour
hole to reduce the stormwater velocity as it exits the culvert. Let me know if you need any
additional information
COPYTO: SIGNED: Todd Preuninger
? Resubmit
? Submit
? Return
- copies for approval
copies for distribution
corrected prints
If enclosures are not as noted, kindly notify us at once.
11/03/2005 19:22 FAX
o?OF W ATFROG
O lq=!W `C
0002/004
Michncl P. Eulcy, Govcmor
William G, Ross Jr., secretary
North Carolina Dcpamcnt of Environment and Natural Resource,
Alan W. Klimok, P.E. Director
Divi,ion of Watcr Quality
October 28, 2005
Cary Oil
Attn: Don Stephenson
110 MacKenan Drive
Cary, NC 27511
Subject Property:
Cary Q1 Drainage Rehabilitation
DWQ Project # 2051529
Wake County
NOV 2 - 2005
SU 6 EMkKeebl Consonants. PA
Approval of 401 Water Quality Certification and Aufhoria'ation Certific`a?e per fh??Neus?River - -
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Stephenson:
You have our approval, in accorvance with the attached conditions and those listed below, to place fill
within or otherwise impact 147 f -et of streams and 1400 square feet (ft2) of protected riparian buffers for
the purpose of protecting an existing structure at the existing parking lot at the subject property, as
described within your application. dated August 9, 2005 and received by the N.C. Division of Water
Quality (DWQ) on August 9, 2005. After reviewing your application, we have decided that the impacts
are covered by General Water Qt,ality Certification Number(s) 3402 (GC3402). The Certification(s)
allows you to use Nationwide Pca2nit(s) 39 when issued by the US Army Corps of Engineers (USACE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B.0233 In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Contro), and Non-discharge regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CA,MA Permit.
This approval is 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 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 fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in I SA
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional ecnditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are: hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Over7iehttEapress Review Pcrautting Unit
1650 Mail Smice Center, Raleigh, North Carolina 27699.1650
2321 Crpblroo Boulevard, Suitc 250, Raleigh, North Carol na 27604
Phone: [phone] / FAX [phone] / Intcmet: bIIF o,rnr,state.nc.usrnewetlands
Caro
NAj na
Ntarally
An Equal Opportunity/Affirmative Action Employer- 50': Recycie4/10% Post Comurnet Pupa
11/03/2005 13:22 FAX X003/004
Don Stephenson
Page 2 of 3
October 28, 2005
Amount A roved nits Plan Location or Reference
stream 147 feet Site plan
Buffers 1,400 (square 8. Site plan
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper desi;; n, installation and operation and maintenance of suc? Best
Management Practices in crdcr to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosiwi Control Planning and Design Manual,
b. The design, installation., operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained orn all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-awned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manv,a1.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the mquircmcnts of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, er Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & )erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not beplaced in wetlwids or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they,sha117e removed and the natural grade restored within six months of the date
that the Division of Land Resources has'released the.project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications the applicant is required to return the attached
certificate of com letion to thg crsi t/Ex ress Pernuttit g Unit, North Carolina
o ater Quality. 1650 Mail Service Center, Raleigh, NC, 27699-1650:
6. The proposed riprap apron at the end of the pipe must be changed to a plunge pool designed to
meet NC Department of Transportation design standards. DWQ must be provided with a copy of
this revised plan.
11/09/2005 19:22 FAX
0]004/004
Don Stephenson
Page 3 of 3
October 28, 2005
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. `.:'he authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA :?ermit.
If you do not accept any of the omnditions of this Certification (associated with the approved wetland or
stream impacts), 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, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its condifions arc final and binding unless you ask for a
hearing.
Any disputes over determination:: regarding this Authorization Certificate (associated with the approved
buffer-impacts) shall be referred n writing to the D.ircc1or fora decision. Th_e D_ ircctor's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. - - - - - This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffet protection talc as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Deborah Edwards or Ian McMillan at 919733-1786.
AWIUjrd
Enclosures: GC 3402
Certificate of Completion
cc: Todd Prmninger, Wither: and Ravenel, 111 MaeKenan Drive, Cary, NC 27511
Todd Tugwell, USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
N=ma:
Sincerely,
\
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GROUND
GROUND
SEEDING REQUIREMENTS - NON-WETLAND AREAS
A. GENERAL:
VEGETATIVE COVER SHALL BE ESTABLISHED BY THE APPLICATION OF SEED, LIME, FERTILIZER,
AND MULCH AT SPECIFIED RATES AS CONSTRUCTION IS COMPLETED NOT MORE THAN 1,000
LF OF WATER LINE SHALL BE DENUDED AT ONE TIME WITHOUT THE EXPEDITIOUS SEEDING
AND MULCHING OF THAT AREA. NO OTHER DENUDED AREA SHALL REMAIN DENUDED FOR
MORE THAN 15 CALENDAR DAYS.
B. TEMPORARY SEEDING
THE AREAS TO BE SEEDED SHALL BE RESHAPED TO PROVIDE FOR ADEQUATE DRAINAGE BY
ELIMINATING POCKETS AND DEPRESSIONS. THE SEEDBED SHALL BE PREPARED BY
SCARIFYING OR OTHERWISE LOOSENING THE SOIL TO A MINIMUM DEPTH OF 3 - 5 INCHES.
LIME AND FERTILIZER, AT THE SPECIFIED RATES, MAY BE MIXED INTO SOIL DURING THE
PREPARATION OF THE SEEDBED.
THE COST OF SEEDING SHALL BE INCLUDED IN THE UNIT PRICE BID FOR THE PIPE
INSTALLATION.
SEEDING SHALL CONFORM TO THE FOLLOWING SPECIFICATIONS:
C. FINAL SHAPING N, PERMANENT SEEDING:
THE AREAS TO BE SEEDED SHALL BE RESHAPED TO PROVIDE FOR ADEQUATE DRAINAGE BY
ELIMINATING POCKETS AND DEPRESSIONS. THE SEEDBED SHALL BE PREPARED BY
SCARIFYING OR OTHERWISE LOOSENING THE SOIL TO A MINIMUM DEPTH OF 3 - 5 INCHES.
LIME AND FERTILIZER, AT THE SPECIFIED RATES, MAY BE MIXED INTO SOIL DURING THE
PREPARATION OF THE SEEDBED.
THE COST OF SEEDING SHALL BE INCLUDED IN THE UNIT PRICE BID FOR THE PIPE
INSTALLATION.
SEEDING SHALL CONFORM TO THE FOLLOWING SPECIFICATIONS
CF IN
T1. 84
SEEDING PERIOD SEED TYPE RATE
DECEMBER - MARCH 'KY. OR ALTA TALL FESCUE 250 LBS./ACRE
WITH COMMON BERMUDA 10 LBS./ACRE
RYE GRAIN 100 LBS./ACRE
APRIL - MAY KY. 31 OR ALTA TALL FESCUE 200 LEIS /ACRE
WITH COMMON BERMUDA - HULLED 25 LBS./ACRE
JUNE - AUGUST COMMON BERMUDA - HULLED 50 LEIS /ACRE
KY. 31 TALL FESCUE 100 LOS./ACRE
WITH MILLET OR SUDANGRASS 60 LOS./ACRE
SEPT. - NOVEMBER KY. 31 TALL FESCUE 200 LBS./ACRE
WITH RYE GRAIN 100 LBS-/ACRE
'HEAVY MULCHING REQUIRED
FERTILIZER, LIME, MULCH, ETC. FOR ALL SEEDING SHALL BE APPLIED AT THE FOLLOWING
RATES, IN THE ABSENCE OF A',OILS TEST:
FERTILIZER: 10-10-10 - 800 LOS./ACRE
LIME: 2 TONS/ACHE
MULCH: 2 TONS/ACRE OF SMALL GRAIN STRAW
TACK: ASPHALT EMULSION - 300 GALLONS/ACRE
MULCH MAY BE APPLIED MANUALLY, WITH TACK APPLIED BY A MECHANICAL ASPHALT
DISTRIBUTOR, OR THE COMBINED MATERIALS MAY BE APPLIED SIMULTANEOUSLY WITH AN
ASPHALT APPLICATOR ON A POWER MULCH BLOWER.
THE ENGINEER SHALL INSPECT THE STABILIZED AND SEEDED AREAS THE CONTRACTOR, AT
HIS OWN EXPENSE, SHALL CORRECT ANY AREAS WHICH ARE UNACCEPTABLE TO THE
ENGINEER.
THE MINIMUM COVERAGE GENERALLY ACCEPTABLE SHALL BE 859, AND IN NO CASE SHALL
AN UNCOVERED AREA EXCEED TWO SQUARE FEET IN SIZE.
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CARY OIL 1 STORM DRAIN IMPROVEMENT DETAILS WITHERS RAVERS ^°
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Cheded By Job No. I I I MacRenan Drive Cary, Noah Carolina 27511 2
2osls7D li I te1: 9194643310 www,waher sraveneLcom (ax979i67L008
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Cary Oil
Attn: Don Stephenson
110 MacKenan Drive
Cary, NC 27511
Michael F. Easley, Governor
DWQ Project # 2051529
Wake County
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 28, 2005
Subject Property: Cary Oil Drainage Rehabilitation
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Stephenson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 147 feet of streams and 1400 square feet (ft) of protected riparian buffers for
the purpose of protecting an existing structure at the existing parking lot at the subject property, as
described within your application dated August 9, 2005 and received by the N.C. Division of Water
Quality (DWQ) on August 9, 2005. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s)
allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 213 .0233. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CANIA Permit.
This approval is 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 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 fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] / Internet: htti):/lh2o.enr.stateno,usincwctlands
Alan W. Klimck, P.E. Director
Division of Water Quality
None hCarolina
Ammally
An Equal Opportunity/Affirmative Action Employer- 50°b Recycled/10% Post Consumer Paper
Don Stephenson
Page 2 of 3
October 28, 2005
Amount Approved (Units) Plan Location or Reference
Stream 147 feet Site plan
Buffers 1,400 (square ft. Site plan
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. The proposed riprap apron at the end of the pipe must be changed to a plunge pool designed to
meet NC Department of Transportation design standards. DWQ must be provided with a copy of
this revised plan. //?
?eC? 3 a5 ;
Don Stephenson
Page 3 of 3
October 28, 2005
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Deborah Edwards or Ian McMillan at 919-733-1786.
AWK/jrd
Enclosures: GC 3402
Certificate of Completion
cc: Todd Preuninger, Withers and Ravenel, 111 MacKenan Drive, Cary, NC 27511
Todd Tugwell, USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename:
Sincerely,
OF W ATF9Q Michael F. Easley, Governor
?O G William G. Ross Jr., Secretary
UJ 7 Noah Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 13, 2005
DWQ Project # 20051529
Wake County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cary Oil
Attn: Don Stephenson
110 MacKenan Drive
Cary, NC 27511
Subject Property: Cary Oil Drainage Rehabilitation
REQUEST FOR MORE INFORMATION
Dear Mr. Stephenson:
On August 9, 2005, the Division of Water Quality (DWQ) received your application dated August 8,
2005 to impact 147 feet of stream and 1,400 square feet (ft) of protected riparian buffers to construct the
proposed drainage improvements. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetland, streams and/or buffers on the subject
property. Therefore, unless we receive the additional information requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H .0506 and 213 .0233(8) and will place
this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
The activity that you are proposing requires a Major Variance of the Neuse River Basin Riparian
Buffer Rules as per 15A NCAC 02B .0233(9)(c). A Major Variance can only be approved through
the Environmental Management Commission and typically requires conditions such as Riparian
Buffer Mitigation and Stormwater Management. The DWQ suggests considering activities such as
streambank stabilization, this could be done with biodegradable mesh matting and planting woody
vegetation along the streambank.
If you plan to continue with the proposed plan, a Major Variance Request Form is attached.
Initially you should contact this office at 919-733-1786 to schedule an appointment to speak with
the DWQ staff about your project.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
Ncnne arolina
401 Oversight/Express Review Permitting Unit
?alllra!!?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httv://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Cary Oil
Page 2 of 2
9/13/05
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Deborah Edwards at 919-733-9502 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
4±'?.
C di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/dae
Enclosures: Major Variance Request Form
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Hunter Freeman-Withers & Ravenel, Inc., 111 MacKenan Drive, Cary, NC 27511
Filename: 20051529Cary0il(Wake)hold
DWQ 4 20051529 Cary Oil Drainiagc Rchab
Subject: DWQ # 20051529 Cary Oil Drainiage Rehab
From: Laurie Dennison <[e-mail]>
Date: Wed, 14 Sep 2005 09:59:44 -0400
To: [e-mail]
CC: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
20051529Cary0il(Wake)hold.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 9/14/2005 9:59 AM
Staff Report
Project Num: 20051529 Version: 1 Status: Received
Name: Cary Oil Drainage Rehab "303d"' Project Type: Other
County: Wake Region: Raleigh
Location: Swift Creek NEU basin Cary
Latitude: +35°44'10" Longitude: -78°48'37"
SW Plan Location:
Owner: Stephenson, Don
Contact Person: Stephenson, Don Title: Phone: [phone] Ext.
Inspection Date: 09/07/2005 Entry Time: 02:30 PM Exit Time: 02:55 PM
Reason for Inspection: Routine Inspection Type: Staff Report
On-Site Representative(s):
Primary Inspector: Eric Kulz Phone:
Secondary Inspector(s):
Question Areas:
® Site Visit
Inspection Summary:
L?
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Project Num: 20051529 Owner: Stephenson, Don
Inspection Date: 09107/2005 Inspection Typo: Staff Report
Reason for Visit: Routine
Site Visit
Do impacts described in the application differ those seen in the field?
If yes, please describe differences:
Are the Intermittent/Perennial calls different in the application?
If yes, please describe differences, and how mitigation ratios are affected:
Are there additional impacts not described in the application?
If yes, please describe and quantify: Buffer impacts; piping a buffered stream requires a major variance
Were the impacts in place prior to the application for the 401 Certification?
Additional conditions recommended for the Certification:
Recommended project modifications:
Is this a modification request to an existing Certification?
Are there additional stromwater conditions that should be required due to the following classifications:
303(d)list, Class WS, NSW, CRW, HQW
Describe: 303(d)
Is this a subdivision or otherwise part of a larger project?
If yes, what phase is this?
Are there prior impacts from prior phases?
If yes, what are the cumulative imacts for this project?
Possible secondary impacts noted:
Comment: Filling a buffered stream requires a Major Variance, as far as I know. EWK
Yes No NA NF
? N ? ?
? ®? ?
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Page: 2
Triage Check List.
Date. 1? Pro?eE? Name.
DWQ#: c?s^ls a 9
County:G ?-
..To: ? ARO Kevin Barnett. ? WaRO Tom Steffens and Kyle Barn,
? FRO Ken Averitte ? WiRO Noelle Lutheran
? O Alan Johnson ? WSRO Daryl Lamb
E3 RRO Mike Horan
From: i= Telephone : (919)
The file attached. Is being forwarded our for your evaluation.
Please call if you need ti ' Lance.
. .
? Stream length impacted '?
Stream determination
? Wetland determination And distance to blue-Ii po surface-waters on USFW topo maps
? Minimization/avoidance issues
BufferRules'(Neuse, Tar-Pamlico, *.Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings? -
Cumulative impact concern
Comments: A(Q
?e-
-7b c)
p ro 0? M6
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), chec PONW125
II. Applicant Information
AU G 9 2005
Owner/Applicant Information DBR - WATER QUALITY
Name: Cary Oil ?-, tTLR DS W sTOPJAVATER BWLH
Mailing Address: 110 MacKenan Drive
Cary, NC 27511
Attn: Don Stephenson
Telephone Number: 919-460-3196 Fax Number: 919-481-6862
E-mail Address: donspcaryoil.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Hunter C. Freeman
Company Affiliation: Engineering Consultant
Mailing Address: Withers & Ravenel, Inc
111 MacKenan Drive
Cary, NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-467-6008
E-mail Address: hfreemannwithersravenel.com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cary Oil Drainage Rehabilitation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0752625841
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh take 440 to
US-64 West. Turn Left on MacKenan Drive. Go straight through stop sign, site is %2 mile on
the right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35-44-10.61 ON 78-48-37.28 °W
6. Property size (acres): 4.41 ac.
7. Name of nearest receiving body of water: Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing site is an office building with surrounding
Page 6 of 12
parking lot. The stream is shown on the USDA Soils Map for Wake County. General land
use in the neighboring area is commercial office space.
10. Describe the overall project in detail, including the type of equipment to be used: The
project involves extending an existing 24" RCP approximately 140' and backfilling on top of
the pipe. We anticipate most of the construction being done with a small bulldozer and
backhoe.
11. Explain the purpose of the proposed work: There is significant erosion in the exiting
channel which is posing a threat to the structural stability of the existing parking lot. Piping
the water to a point downstream of the parking lot will prevent further damage to the existing
structures.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. No known determinations were made during the construction of the
existing facility. On August 1, 2005 a site visit confirmed that the stream would remain buffered
under the Neuse River Rules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
At this time no future projects are planned for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 7 of 12
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts will be limited to
filling and ripral2 placement in and along 147 LF of stream.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
1 Trib to SwiftCrk. Stabilization Intermittent 1-2 147 0..005
Total Stream Impact (by length and acreage) 147 0.005
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project.
Stream Impact (acres): 0.02
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): 147
Page 8 of 12
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond:
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
We studied an alternative that would utilize additional rip-rap and a retaining wall inlieu_of
piping the channel, however, the area impacted would be greater and the cost of installation was
30% more than the current proposal.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Page 9 of 12
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm,gide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the impacts are less than 150 linear feet, and because it is an intermittent
channel we do not believe that mitigation should be required.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.ushvm/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ? No
Pagc 10 of 12
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
X.
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and. map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 1,400 sf 3 (2 for Catawba) N/A
Total 1 1,400 sf I I N/A
Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260. N/A
XI. StormFVater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
Page 11 of 12
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No new stormwater will be directed to the channel.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No additional wastewater will be generated
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h 2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This project involves atabilizing an existing parking lot and will not contribute to or affect
additional development
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
i-$-06-
- Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
WITHERS &RAVENEL
ENGINEERS 1 PLANNERS I SURVEYORS
August 10, 2005
Ms. Cyndi Karoly PAYMENT
North Carolina Division of Water Quality
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Dear Ms. Karoly,
This letter follows our submittal of the Preconstruction Notification Form for proposed
drainage improvements to the Cary Oil office building on MacKenan Drive in Cary, NC. The existing
office building lies adjacent to a tributary to Swift Creek. Attached, please find
cover the review fees.
The stream is shown on the Wake County soils maps, and earlier this month the NC Division of Water
Quality verified that the stream was intermittent and remained under jurisdiction. The stream was
apparently relocated during construction of the existing office building, and bank erosion is now
threatening the parking lot. We are proposing to extend an existing 24" concrete pipe approximately
140' downstream to protect the existing parking lot.
If you hav
469-3340
Sincerely,
Hu ter C. Freeman, PE
attachments
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AUG 1 0 2005
CIFNR - WATER DUALITY
WETLANDS AND STORMWATER BRANCH
its MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
107 Stokley Drive i Suite 104 1 Wilmington, North Carolina 28403 1 tel: [phone] fax: 91o.256.2584
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ENGINEERSI PLANNERS 1 SURVEYORS 1
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WITHERS F'YAVEIUDEL N
ENC I NF FRS : PI ANN F RS Su RVFVORS
111 MacKenan Drive Cary, North Carolina WE
Telephone: [phone] www.withersravenel.com 0 1,000 2,000 4,000
Feet $
Project# 205162.00 Date: July 20, 2005
O?O? WA
T ?9QG
CO
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
Noah Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 1, 2005
Withers and Ravenel
Attn: Todd Preuninger
111 MacKenan Drive
Cary, NC 27511
Subject Property: Cary Oil Drainage Improvements
UT to Swift Creek
DWQ EXP# 05-1391
R Wake County
w/t Q?tS 04 ZppS
hers ?
Ra'/ere/
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)-EXPRESS REVIEW PROGRAA1
Dear Mr. Preuninger:
On August 1, 2005, at your request I conducted an on-site determination to review one feature located on
the subject property for applicability to the Ncuse Buffer Rules (15A NCAC 2B.0233). The feature is
labeled as "A" on the attached maps initialed by me on August 1, 2005.
At your request, I conducted an on-site determination as stated above. During my review I evaluated the
stream using the DWQ Stream Classification Form. I evaluated the stream reach A and calculated the
score to be 23 points. The form states that if the score is "greater than or equal to 19 points the stream is
at least intermittent".
The Division of Water Quality (DWQ) has determined that the feature labeled as "A" on the
attached maps is subject to the Neuse Buffer Rule. This feature has been highly disturbed with fill
material and riprap. Therefore the feature was evaluated upstream and downstream of the subject
property. Both upstream and downstream is a non-contested stream feature that represents what
the stream most likely would of looked like before the disturbance. This stream feature and its
associated buffers should be identified on any future plans for this property. The owner (or future
owners) should notify the DWQ (and other relevant agencies) of this decision in any future
correspondences concerning this property. This on-site determination shall expire five (5) years from the
date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
c/o John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals
that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water
from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start
until the affected party (including downstream and adjacent landowners) is notified of this decision.
DWQ recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
401 Oversight/ Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27643
Phone: [phone]/ FAX [phone]/ Internet http://h2o.enr.state.nc.us/ncwetlands
No Carolina
Ntrmmlly
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Withers and Ravenel
Page 2 of 2
8/1/05
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a
hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any additional questions or require additional information please call Deborah Edwards
at [phone].
Sincerely,
Alan W. Klimek, P.E.
AWK/dae
Attachments: Wake County Soil Survey map
USGS Apex Quad map
cc: DWQ Raleigh Regional Office
File Copy
Central Files
Filename 051391Cary0i1(NVake)EXr+origin
Office Use Only: Forin Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested
39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division o JR ea of
Environmental Concern (see the top of page 2 for further det check e. D
II. Applicant Information
AUG 9 2005
1VETLA WAND WATER QUALITY
MATER BRANCH
Owner/Applicant Information
Name: Cary Oil
Mailing Address: 110 MacKenan Drive
Cary, NC 27511
Attn: Don Stenhenson
Telephone Number: 919-460-3196 Fax Number: 919-481-6862
E-mail Address: donsncaryoil.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Hunter C. Freeman
Company Affiliation: Engineerinjg Consultant
Mailing Address: Withers & Ravenel, Inc
111 MacKenan Drive
Cary, NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-467-6008
E-mail Address: hfreemannwitliersravenel.com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: CaKy Oil Drainage Rehabilitation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0752625841
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh take 440 to
US-64 West. Turn Left on MacKenan Drive. Go straight through stop sign, site is'/Z mile on
the right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35-44-10.61 ON 78-48-37.28 °W
6. Property size (acres): 4.41 ac.
7. Name of nearest receiving body of water: Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing site is an office building with surrounding
Page 6 of 12
parking lot. The stream is shown on the USDA Soils Map for Wake County. General land
use in the neighboring area is commercial office space.
10. Describe the overall project in detail, including the type of equipment to be used: The
project involves extending an existing 24" RCP approximately 140' and backfilling on top of
the pipe. We anticipate most of the construction being done with a small bulldozer and
backhoe.
11. Explain the purpose of the proposed work: There is significant erosion in the exiting
channel which is posing a threat to the structural stability of the existing parkin lot Piping
the water to a point downstream of the parking lot will prevent further damage to the existing
structures.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. No known determinations were made during the construction of the
existing facility. On August 1, 2005 a site visit confirmed that the stream would remain buffered
under the Neuse River Rules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
At this time no future projects are planned for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 7 of 12
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts will be limited to
filling and riprap placement in and alone; 147 LF of stream.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
sevarately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
1 Trib to SwifiCrk. Stabilization Intermittent 1-2 147 0..005
Total Stream Impact (by length and acreage) 147 0.005
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.02
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): 147
Page 8 of 12
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond:
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
We studied an alternative that would utilize additional rip-rap and a retaining wall inlieu of
piping the channel, however, the area impacted would be greater and the cost of installation was
30% more than the current proposal.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Page 9 of 12
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/newetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation casement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the impacts are less than 150 linear feet, and because it is an intermittent
channel, we do not believe that mitigation should be required.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.cnr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ? No
Page 10 of 12
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and. map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* impact Multiplier Required
(square feet Mitigation
1 1,400 sf 3 (2 for Catawba) N/A
2
Total I 1,400 sf I I N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
Page 11 of 12
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No new stormwater will be directed to the channel.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No additional wastewater will be generated
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This project involves atabilizing an existing parking lot and will not contribute to or affect
additional development
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
i-y - oS-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
WITHERS &- R"ENEL
ENGINEERS I PLANNERS I SURVEYORS
August 10, 2005
Ms. Cyndi Karoly
North Carolina Division of Water Quality
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
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Dear Ms. Karoly,
This letter follows our submittal of the Preconstruction Notification Form for proposed
drainage improvements to the Cary Oil office building on MacKenan Drive in Cary, NC. The existing
office building lies adjacent to a tributary to Swift Creek. Attached, please find a check for $200.00 to
cover the review fees.
The stream is shown on the Wake County soils maps, and earlier this month the NC Division of Water
Quality verified that the stream was intermittent and remained under jurisdiction. The stream was
apparently relocated during construction of the existing office building, and bank erosion is now
threatening the parking lot. We are proposing to extend an existing 24" concrete pipe approximately
140' downstream to protect the existing parking lot.
If you have any questions regarding this permit request, please do not hesitate to call me at (919)
469-3340
Sincerely,
Hu ter C. Freeman, PE
attachments
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
107 Stokley Drive i Suite 104 1 Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
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ALTERNATIVE 1
WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS 1
711 M.K-n Drive Cary, N-h C-lo- 77511
tel. [phone] www rBheruavmel com 1—919467-6008
w 70515700

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 1, 2005
Withers and Ravenel
Attn: Todd Preuninger
111 MaeKenan Drive
Cary, NC 27511
Subject Property: Cary Oil Drainage Improvements
UT to Swift Creek
DWQ EXP# 05-1391
R Wake County
IVtther 44S
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On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)-EXPRESS REVIEW PROGIL I
Dear Mr. Preuninger:
On August 1, 2005, at your request I conducted an on-site determination to review one feature located on
the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is
labeled as "A" on the attached maps initialed by me on August 1, 2005.
At your request, I conducted an on-site determination as stated above. During my review I evaluated the
stream using the DWQ Stream Classification Form. I evaluated the stream reach A and calculated the
score to be 23 points. The form states that if the score is "greater than or equal to 19 points the stream is
at least intermittent".
The Division of Water Quality (DWQ) has determined that the feature labeled as "A" on the
attached maps is subject to the Neuse Buffer Rule. This feature has been highly disturbed with fill
material and riprap. Therefore the feature was evaluated upstream and downstream of the subject
property. Both upstream and downstream is a non-contested stream feature that represents what
the stream most likely would of looked like before the disturbance. This stream feature and its
associated buffers should be identified on any future plans for this property. The owner (or future
owners) should notify the DWQ (and other relevant agencies) of this decision in any future
correspondences concerning this property. This on-site determination shall expire five (5) years from the
date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
c/o John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals
that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water
from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start
until the affected party (including downstream and adjacent landowners) is notified of this decision.
DWQ recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
401 Oversight/ Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27643
Phone: [phone]&6/ FAX [phone]/ Internet.- httn://h2o.enr.state.nc.tis/ncwettands
NordiCarolina
Natutully
An Equal Opportunity/Affirmative Action Employer - 50 */' Recycle d(l0°b Post Consumer Paper
Withers and Ravenel
Page 2 of 2
8/1105
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a
hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any additional questions or require additional information please call Deborah Edwards
at [phone].
Sincerely,
Alan W. Klimek, P.E.
AWK/dae
Attachments: Wake County Soil Survey map
USGS Apex Quad map
cc: DWQ Raleigh Regional Office
File Copy
Central Files
Filename 051391Cary0i1(Wake)EXP+origin
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WITHERS 0 RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
Cary, North Carolina, 27511
[phone] Fax[phone]
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II ETIANDS AND STOR IAWATER BRANCH

DATE T7.
ATTENTION
RE:
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WE ARE SENDING YOU ? Attached ? Under separate cover via-
El Shop drawings ? Prints ? Plans
? Copy of letter ? Change order ? Diskette
the following items:
? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
_541or approval ? Approved as submitted
!F?r your use ? Approved as noted
> ? As requested ? Returned for corrections
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? Return corrected prints
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
tr Sl 40°b Pre-Consumer Content • 10°e Post-Consumer Content -SIGNED: \ •• .? , (? i_1 A_j \
If enclosures are not as noted, kindly notify us at once. ?,
.... -- - 4a...... - INC.
Invoice Number Date T Voucher Amount
205162 Cary Oil 7/25/05 0024549 400.00
NCDENR Totals 400.00
CCBChecki 2
R[9@r9-,HweB
AUG 1 n 2005
24700
Discounts Previous Pay Net Amount
200.00 200.00
200.00 200.00
DENR • WATER MAUTY
Y, VWSOS Rio S T ORIMATER