19970161 Ver 1_COMPLETE FILE_19970225

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

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James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

February 17, 1998

Mr. Mark J. Davis, PE
Tye Spotts & Davis
4C Oak Branch Drive
Greensboro, NC 27407

Re: Bob Barker Manufacturing
Stormwater Management Plan
Wake County
DWQ #970161

Dear Mr. Davis:

The revisions to the subject stormwater management plan, received in this office on
August 13, 1997, render the plan adequate to satisfy that requirement of the 401
Certification. This letter shall, therefore, serve as written approval of the plan. However,
DWQ has concerns about the long-term stability of the plug placed in the old farm road
bed in the channel at the northwestern part of the site. If this plug fails or is eroded, the
applicant will be required to replace it with a more permanent measure.

Please call me at [phone] if you have any questions.

970161.pnd

Cc : Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
John Dorney
Central Files

Environmental Sciences Branch 4401 Reedy Creek Road
Telephone [phone]
An Equal Opporttmity Affirmative Action Employer

Raleigh. North Carolina 27607
FAX # [phone]
50% recycled/IO% post consumer paper

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5p.otts
& Dams

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4C Oak Branch Drive
Greensboro, NC 27407
Phone [phone]
Fax [phone]

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TRANSMITTAL LETTER

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Date: August 12,1997

RECEIVED

AUG , j 1991./
ENV/RON^1E~r ~~ fC1ENCE:S

To: Mr. John Dorney
NCDEHNR
4401 Reedy Creek Rd,
Raleigh, NC 27607

Project: Bob Barker Manufacturing
Fuquay-Varina, NC

Project No.: 96-041-000

We Transmit:
( x ) herewith
( ) under separate cover

For Your:
( ) approval
( x ) review & comment
( ) use

The Following:
Copies Date

Description

August 12, 1997 Revised Stormwater Management Plan & Details

RemarlG:

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Copies: R. Stott - Suitt

Sincerely,

By: -.-M~J-..-'[2ctNi&-----
Mark 1. Davis, P,E.
Principal

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DEM ID:

CORPS ACTION ID:

NATIoNWIDE PERHI~ REQUESTED (PROVIDE NATIONWIDE PERMIT #):

PRE-CONSTRUCTION NOTIFICATION APPLICATION

FOR NATIONWIDE PERMITS THAT REQUIRE:

1) NOTIFICATION TO orB!: CORPS OJ!" EllGnreERS
2) APPLICATION FOR SXCTION 401 CZRTIFICATION
3) coOro>INAT1:0N Wl:m '.l'1IE NO DIVISION OJ!" C01\STAL MANAGEMENT

SEND TIlE ORIGINJ\L.AND (1) COpy of THIS COME'LETE.D FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) coPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE' AGENCY ADDRESSES SHEET). PLEJ\SE PRINT.

1- OWNERS'NAME: B~ ~l2-~ Co. I...JG.
J
2. MAILING ADDRESS: l \~ ~.JOoJe5 ST.
SUBDIVISION NAHE:

CITY: ru ~u ~'( - \! ~ a. pJft

STATE:

NG

ZIP CODE: '275'2 G::,

PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) :
TJrz.fD'{ +<D. FLJ~LJAl- VAn.I..J~

3. TELEPHONE NUMBER (HOME):

(WORK): ~\C).S91.34-~J

4. IF APPLICABLE: AGENT'S NAME/OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: M Aa/~ !:!-. DAvl>, ,po f::: .

7y& J;tlJT> 4: D/JVI>J Ie
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or

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5. LOCATION OF WoRK (PROVIDE A MAP, PREFERABLY A COpy OF USGS TOPOGRAPHIC
MAP OR AERIAL .P~OTOGRAJ?HY WITH SCALE): .c \ f
COUNTY: ~Al?G NEAREST TOWN OR CITY: ly~\JA.'t-VAe.l,JA-

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SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): T12-Ae-1 1'7 L-oc..A(e;o O,.J T\-\-€ 6:A-/i

~(ge oF- ftJ~Poi eo (~C?{L \70\) AP'?tzo)<'I\MA[G1..'(
IJ'2. Wl\I...E 70 uT \-t of 1'1t6 IJr~ID,J ~)Tlt- N~S(2..1-705
CDI~C-f"'1 Aq..o% ~M '}2,bYC-\gM RAI,rr)
6. IMPACTED OR NEAREST STREAM/RIVER: BL.)l.GI<- ~

RIVER BASIN:

C.4Pe reAP-

7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWhTER
(SA), HICH QUALITY WATERS (HQW), OUTST~9ING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [] NO ~ IF YES, EXPLAIN:

7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES r] NO ~

7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?

~A

Sa. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [] NO ~ IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :

8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTORE? YES ~ NO {] IF YES, DESCRIBE ANTICIPATED WORK:
~J~.Au;..c::> o..J,..J~ ~T o~ LA.JD , MMG'DIAr~1
~ ~' '70 c,.) 7 if 0 fZ- [l+1 <; f\ZO?elZ Tt. lA~ \t- T I ,.J ouS""TlU-A'-
t7e\1 ~f'M 6}j1 I ~ Pl-A,JJJ~ ) At-J0 \J~r LANDS lJ)~ 1%
IM,~eo .

93. ESTIMATED 'IO'IAL NUMBER OF ACRES IN TRACT OF LAND:

~I "7 AU.G~

9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0,?;~ A?~

2

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lOa. NUMBBR OF ACRBS OF WBTLANDS IMPACTED BY ~HE PROPOSED PROJECT BY:

FILLING:

o. ?~

EXCAVATION:

FLOODING:

OTHER: .%J~ ~1,J4

TOTAL ACRES TO BE IMPACTED:

# O(
· Lf.o

DRAINAGB:

lOb. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): IJ A-

LENGTH BEFORE:

FT

AFTER:

FT

WIDTH BEFORE (based on normal high water contours):

FT

WIDTH AFTER:

FT

AVERAGE DEPTH BEFORE:

IT AFTBR:

IT

(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)

OPEN cHANNEL RELOCATION:

PLACEMENT Of PIPE IN cHANNEL:

cHANNEL EXCAVATION:

CONSTRUCTION Of A DAM/FLOODING:

OTHER:

11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
HATERSHED DRAINING TO THE POND? ~~

WHAT IS THE EXPECTED 'POND SURFACE AREA'? ~ /~

12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH pLANS: 8 1/2" X 11" DRAWINGS
ONLY) :

t;:~\CJl1tJG pot.lp$ A.,.)O"):;.ru:3A 'rvlM'6PIATa.1 DD",H.Jt7~"-^ AiZE

1"0 J:3E: 1/rZbh-Jgo ,I 'MVcJ?eO DLJT ) At-JD f1UJ5D ul7lN4 QDZ82.S/

L.OAQ~ J h.r-JD ~~~

13. PURPOSE OF PROPOSED WORK: PtZ.~~-ld~~ ALJ...- fD\'Z- COf--l~'iT1ZL>~rlo.J
O~ L-'-1ArJUF'AGrU~,..s'1/0,e,1l2-\'?t.JTID.J rz:.A~t...I1'(.

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14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) :

-pJe To 7'~ o~ r---.bCJ/LIT'f ~t.J\~'6b To '1~ Oli.lrJ~$

J~7) ~e\~~s t.A^A,.J~r~ 8'{ LDe-j\L z..o~)...J4 Of2..0I..JANC4)

MP ~~\ oF-- 0lr-1\.;AIJOS D~P\~o?€fZT1 } vJt:T\..Jv~i)~ '<.1\l-L- f}G \Mt'AqaJ:>.

3)2<>~ U?J~€)S\ +rA'J ~~{T6t> \V MI~Il\.1,z:.G \Mf~LT~ 06iuWC>$.

15. :tOU "ARE: REQUIRED TO CONTACT THE: U. S-:--'F'ISH AND tHLDLI FE: SERVICE (
(USFWS) AND/OR-.N-.~TIONAL MARINE FI~ERfES SERVICE (NME"S) (SEE AGENC:t t/fJo {l.1VJ Ft? '1)
ADDRESSES SHEET) REGARDING THj;....PRESENCE OF ANY FEDERALLY LISTED OR (.' ~
PROPOSED FOR LISTING-'ENDNiGERED OR THREATENJ::D SPECIES OR CRITICAL HABITAT
"-<
IN THE PERMIT ARE1\. THA.!'.....MA~C-BE--A~FECTED at THE PROPOSED PROJECT. DATE
CONTACTED: / ----.----- (ATTACH RESPONSES
FROM THESE AG~.t::l'C'I'ES.) .------.--.~

.'

16. YOU Fiu:-R:EQUIRED- TO, CONTACT_ .,~HE STATE HIS!~I~.,.E.RESERVATION-..QE'FICER fJO(f ,-;
(SHPO) (SEE AGE~~~_ADDBE.SSES__SHEET), :REGARDIHG:,THE.-PRES;;~~E OF HISTORIC /)fj Q(I:d8-
PROPERTIES,,-IN-THE PERMIT AREA WHICH M1\Y BE AFFECTED a:t THE--PROPOSED - ,/
PROJECT. DATE CONTACTED: .

17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?

YES [] NO p( (IF NO, GO TO 18)

a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT FUP-SUANT TO TH~ REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT'?

YES (] NO [)

b. IF YES, HAS THE DOCUMENT a~EN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?

YES [) NO [1

IF ANSWER TO 17b IS YES, THEN SUBMIT APFROPRIATE DOCUMENT~TION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.

QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].

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18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS A~PLICATION IF
PROPOSED ACTIVITt INVOLVES THE DISCHARGE Of EXCAVATED OR FILL MATERIAL
INTO WETLANDS:

/ a.

WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STRE~S, LAKES
AND PONDS ON THE PROPERTt (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PE~1ENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
~c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COpy OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?

OJN~~ P~fW....rl : \t.lcoDL-+iND'7.' .6tA ~uJGTL5ltJe

f~~ 10 tJOIVT.!t. 1t61'O~1~~/ACffUc.....vLTu4t.E:" ,ot JJe5r - ItJDc.JSTa./4L

" ,I ?tJu Tit-.. ~ /lJJ~rdtfWPeJ) - F/1;~()IIJDuS17l>I,d(. "..~$r. v;liJelCLDPa:>

f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?

P\ ?<::t-h1.1U:i Eo To P v ~ u c.- ~ 'i STEl.../\.

g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.

NOTE: WETLl\NDS OR WATERS OF THE U.S. MAY, NOT BE IHPACTEDPRIOR, TO:
1) ISSUANCE OF,A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (HATER QUALITY) CERTIFICATION, .AND
3) (IN THE TWENTY COASTAL COUNXIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT RITH TH~ NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM .

~ 4/ "17
DATE

(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))

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NORTH

FUQUAY-VARINA. N.C.
N~3o-W7M5/7.5

~

QUADRANGlE LOCA nON

1974
PHOTORE\1SED 1981
Dl.CA 5255 III SE-SERIES '1842

NOTE: SITE LOCATION IS APPROXIMATE.

CONTOUR INlERVAL 10 FEET

GRAPHIC SCALE FEET

2000 1000

o

~

2000

4000

PROJECT LOCATION MAP

rue
SP.otts
& Dams

25 7lf6s-

MANUFACTURING & DISTRIBUTION FACILITY
FOR THE BOB BARKER COMPANY, INC.
FUQUAY-VARINA, NC

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TRANSMITTAL LETTER

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Datc: June 17, 1997

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To: Mr. John Dorney
NCDEHNR
4401 Reedy Creek Rd.
Raleigh, NC 27607

4C Oak Branch Drive
Greensboro, NC 27407
Phone [phone]
Fax [phone]

Project: Bob Barker Manufacturing
Fuquay-Varina, NC

Projcct No.: 96-041-000

We Transmit:
( x ) herewith
( ) under separate cover

For Your:
( ) approval
( x ) review & comment
( ) use

The Following:
Copics Datc

Description

3

June 17, 1997

Revised Stormwater Management Plan & Details

Rcmarks: A copy of the recorded deed restriction and protective covenants
will be sent to you as soon as the paperwork at the County Registry
is completed.

Copies: R. Stott - Suitt

Sincerely,

By: -M~12~
Mark J. Davis, P.E.
Principal

NCWRC,HCP,FALLS LAKE

TEL:[phone] Mar 26'97 16:53 No.004 P.02

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...........~~..........- ' ,

~ North Carolina Wildlife Resources Commission ~

512 N. Salisbury Street, Raleigh, North Carolina 27604.1188, 919..733..3391
Charles R. Fullwood, Executive Director

MEMORANDUM

TO:

John Domey . ~
Division of Water Qua: -4 av

Owen F. Anderson, ~ont Region Coordinator
Habitat Conscrvation Program

From:

Subj~ct:

March 26, 1997

401 Watcr Quality Certification for Bob Barker Co., Inc., Black Creek, Cupe Fear
Basin, Wake County, DWQ 970161

Date:

Staffbiolngisls with the North Carolina Wildlife Resources Commission have reviewed
the subject project. Our comments arc provided in uccordllnco with certain provisions of the l;ish
and Wildlife Coordination Act (48 Stlt. 401, as amended; 16 V.S.C. 661-667d) and Section
401 (b) of the Clean Water Act of 1977 (as amended).

We have reviewed the application for certification to impact 0.40 ucrC$ ur wetlands for
the development ofa 41.17 acre tract oflnnd for n commercial development on NCSR 1301
upproximutdy 1/2 mile south of the intersection with NCSR 2765. There uro 5.34 ucrc~ of
wetlands on the site. .

TIle application states, that an adjacent tract oflund is uwned by tho applicant, a light
imluslrial cJevelopment is pl31ll1cd and wetlands will be impacted. Although it appear~ thal
impul;lo; hilVC been minimized tor tho current application, we arc concerned ubout the impucl:i to
the wetland!; on the udjacent tract that is planned for development. Considering development
only on a portion of the enlire property may not provide the greatest minimization and avoidance
of impacts to wetlands.

w~ have the following recommendations and comments concerning thi:> upplication:

1. The entire property should be considered at unce, since development is already planned
for tlle adjacent tract. l11is will provide the greatest minimization lmd avoidance uf
wetland impacts and will provide the most etlicicnt and ccunumic.tl siting uf SlllrIIlw.ll.cr
ut:h:ntion ponds.

~" ,-'.
,~wRC,HCP,FA~LS LAKE

TEL:[phone]

Mar 26'97

16:54 No.004 P.03

Bob Ilarkcr Co.
970161

2

March 26, 1997

2. Place deed restrictions on the property to prevent any future impacts to wetlands by
current or future owners.

3. Require the upplicant to maintain hydrology to the wetland areas by routing water from
the wet detention ponus to the remaining wetland areas. High energy water should not be
discharged directly to wetlands.

4. Require the installation ofwct detention ponds to trent stormwlltcr currently being trcatcd
by the ponus.

Thank you for the opportunity to comment during the planning stages for this pn>ject. ]f}
Clln be offunher assistance, contact me at [phone].

cc: Eric AI:;mcycr, US Army Corps ofEnginecrs

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Manufacturing and Distribution Facility
for

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Faquay-Varina, North Carolina

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lEMORANDUM

PRINT NAMES:
Reviewer:
JOHN DORNEY HQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:

~O :

;UBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***

PERMIT YR: 97 PERMIT NO: 0000161
APPLICANT NAME: BOB BARKER FACILITY
PROJECT TYPE: COMMERCIAL
COE_II :
RCD FROM CDA: APP
- -
REG OFFICE: RRO

COUNTY: WAKE

PERMIT TYPE: NW26
DOT If:
DATE_FRM_CDA: 02/25/97

~IVER_AND_SUB_BASIN_II: 030615

STR INDEX NO: 18-31-19-1

STREAM CLASS: C
WL_IMPACT? :(J)N
WL_REQUESTED:t7, ~
WL_SCORE(ff): 57

WL_TYPE, ~~,~

HL_ACR_EST? : (j/N r'

WATER IMPACTED BY FILL?: (j)N, 6~~T f ~~/~. -/. ~~j
/i'1-ror pI-ftc", 7' '5T.z::.-I'/;\
MITIGATION?: Y~ MITIGATION_TYPEyj/;1-

MITIGATION SIZE: ;t/ If DID YOU REQUEST HORE INFO?: Y@

IS WETLAND RATING SHEET ATTACHED? :(j/N

HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y~

RECOMMENDATION (Circle One): ISSUE IS~ND DENY

COMMENTS:

/() I U0-C2- G, / //

o ft,.~j/,.c''; /2//11/7-19, '
~c: Regi~al Office ~~, ~~ ,( "0'-2
Central Files ~t?~~/~

\Vetland type (select' one)*

~~

o Pine savanna
o Freshwater marsh .-
o Estuarine fringe rarest
o Ephemeral wetland
o Carolina Bay

""The rating system cannot be applied to salt or brackish marshes or stream channels ~
~//////////////////////////////.//////////////////./////////////////////////./////////'//////////'//////////////////////////////////////////////////-'/
~ - -= -::2.. weight ~
,~ /
~ Water storage x 4.00 ~
~ _ 3 Wetland Score ~
, Bank/Shoreline st3biiization x 4.00 /

~ Pollutant removal 41 G x 5.00 = ~
~ ~ ~
~ Wildlife habitat 2. x 2.00 /
, "
~ Z ~
~ Aquatic life value x 4.00 = ~
, /
/
I ~
Recreation/Education x 1 00
. ~

~ : Odd i ;:;clnt If in sensitive '.':atersned or.d > i C~ nonpoint disturbance 'NltIlln 1/2 rr.iie upstre3m, upslope, or radius ~
/////////////////////////////////////////////////////////////////////////////////////////~~/////////////////////////////////////////////////////~

o Bottomland hardwood forest
ZHeadwater rarest
o Swamp forest
o Wet flat
o Pocosin

o Bog forest
o Bog/fen
o Seep
o Other

Tlje
Snotts
& Danis

TRANS MITT AL LETTER

,,~~,~~,,~~~:~.~r.~~_~_'-':i-_~;"I

Date: February 21, 1997

To: Mr. Eric Alsmeyer
U.S. Army Corps of Engineers
11413 Falls of the Neuse Rd.
Wake Forest, NC 27587

'8 -, 0 -t 6 '1

4C Oak Branch Drive
Greensboro, NC 27407
Phone [phone]
Fax [phone]

Project: Bob Barker Facility
Fuquay-Varina, NC

Project No.: 96-041-000

We Transmit:
( x ) herewith
( ) under separate cover

For Your:
( ) approval
( x ) review & comment
( ) use

The Following:
Copies Date

Description

2

February 21, 1997

Pre-Construction Notification Application

Remarks: Item l8(g), Agent Authorization Letter, will arrive under separate
cover directly from Owner.

Copies: John Dorney - NCDEM (7 copies)

Sincerely,

, ,~' . 'H3N\-\Ot\\r,s-f3
~:l""\3\QS\'Jl:
~~v\ j

L66\ S ~ Cdj...
G3,,\3~3'd

By:

~

,.nnn",!24_97 04: 46P Bob .B~rker Company
o

5574513
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P.Ol

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P.O, Bo~ 429 FUQUIY'Varia.a. NC 27S26-0429 Phone; ('i19) SS2.~]1 Fu: (919) 552.15])

February 24. 1997

Mr. Eric Alsmcycr
U, S. Amy Corps of Engineers
11413 Falls oftbc ~ Road
Wake Forest, NC 27587

Dear Mr, Alsmeyer:

The Bob Barker Comp:my, Inc. ;uthorizcs T)"C, Spotts &; Davis, PC imd its ~ls to act as our agents
in lhe matter of the development of our ~ on Pwfoy R~ in Fuquay. Varin.1, NC.,

Sincerely.

&f:t:J/6~

President

~~,t'"
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_ _ ~.~'I'_;2~;Ji~} --. -

LAW

ENGINEERING AND ENVIRONMENTAL SERVICES, INC,

November I, 1996

Mr. Robert Barker, Jr.
Bob Barker Company, Inc.
r.o, Box 429
Fuquay-Varina, North Carolina 27526-0429

Subject:

Results of Wetlands Delineation
Bob Barker Delineation Site
Fuquay-Varina, North Carolina
LAW Project No. 30741-6-1786

Dear Mr. Barker:

Law Engineering and Environmental Services, Inc. (LAW) is pleased to submit this report concerning the
jurisdictional waters/wetlands delineation on an estimated 50-acre site located in Fuquay-Varina, Wake
County, North Carolina. This report documents the methodology used to assess approximate jurisdictional
boundaries, the results of our studies and our conclusions concerning the pennitting requirements under
Section 404 of the Clean Water Act (13 U.S.C.1344).

WATERS OF THE U.S./WETLANDS DELINEA nON AND FINDINGS

Background and Methodology

LA W was contracted to conduct an approximate delineation of the jurisdictional boundaries of wetlands and
waters of the U.S. on the estimated 50-acre Bob Barker site located southeast of Fuquay-Varina, North
Carolina. The site is bordered to the west by North Carolina Secondary Road (S,R.) 1301 (Furfoy Road), and
on the north, cast, and south by neighboring property owners (Drawing 1.1). No other areas besides those
described above are subject to the Scope-of-Services, including delineation and reporting.

Jurisdictional wetlands arc defined by 33 CFR Part 328.3(b) and are protected by Section 404 of the Clean
Water Act (33 USC 1344), which is administered and enforced in North Carolina by the U.S. Anny Corps of

3301 ATLANTIC AVENUE. RALEIGH, NC 27604
P. 0, BOX 18288 . RALEIGH, Ne 27619
(919)876,0416. FAX [phone]

Bob Barker Delineation
LAW Project No. 30741-6-1786

A

November I, 1996
Page 2

Engineers (USACE), Wilmington District. Jurisdictional wetlands are defined in the field as areas that have
positive evidence of the following three environmental parameters:

Hydrophytic vegetation
Hydric soils
Wetland hydrology

Wetlands on the subject property were detennined using the Routine On-Site Detennination Method as
defined in the Corps of Engineers Wetlands Delineation Manuall. The wetland delineation was conducted
on October 3D, 1996, by Mr. Wayne Wilkinson, Senior Environmental Geologist, and Mr. Martin Korenek,
Staff Ecologist.

Observations of the soil, vegetation, and hydrology were made on the study area in order to make
appropriate wetland/upland delineations. Potential wetland boundaries were estimated over the site
(Drawing 1.2). The wetland boundaries are subject to change following verification by the USACE, if
required, The drawings of these approximate wetland boundaries are intended for preliminary planning
purposcs only.

Findings

Jurisdictional arcas observed on the subject site consist of jurisdictional watcrs of the U.S., including
wetlands. The northern, eastern and southern boundaries of the site had been surveyed, and the western
boundary of the site parallels Purfoy Road. The wetland delineation was perfonned over the entire site
(Drawing 1,2), The wetland areas were identified with a letter designation in order of occurrence on the site
from the south to the north (Drawing 1.2). Six wetland detennination data points were also taken from
various locations across the site (Drawing 1.2).

The northwestern and northern-central portion of the site consisted of agricultural fields, while the northern
and eastern portions of the site consisted of forested land which sloped generally eastward toward two ponds,
a fallow, agricultural field, and a swamp, The central portion of the site consisted of forested land, which
drained much of the site from west to cast toward a second swamp. The southern portion of the site
consisted of forested land, which was drained northeastward toward the second swamp. The northeastern,
central and southeastern areas of the site have small, intennittent streams in which runoff water flows

1 Envirorullental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. U.S. Army Corps of
Engineers, Washington, D.C. pp. 100 and Appendices

. .

Bob Barker Delineation
LAW Project No. 30741-6-1786

A

November I, 1996

Page 3

generally eastward toward the swamps (Drawing 1.2). The central portion of the site also receives runoff
water from the adjacent property located west of Purfoy Road by means of a culvert, which is located
beneath Purfoy Road. Jurisdictional areas in the northeast, southeast and central areas of the site include the
intermittent streams and the forested alluvial wetland areas associated with the streams (Drawing 1.2).

The northern, southern and central wetland areas continue generally eastward along the three unnamed
intermittent streams to where they flow into the swamps. One swamp is located in the northeast comer of the
subject site, at the junction of the northern and eastern site boundaries. The second swamp is located several
hundred feet south of the first swamp, on the eastern boundary of the site. The topographic map indicates
that the two swamps flow towards an unnamed pond located approximately 700 feet east of the subject site.
TIle swamps are considered jurisdictional and are subject to Section 404 of the Clean Water Act (33 U.S.C.
1344) rules and regulations. The wetland sections north, west and south of the swamps include forested
alluvial wetland areas on each side of, and adjacent to, the streams. There are two ponds also located in the
northern/central section of the site, both of which initially drain eastward, and then also southeastward,
towards both swamps (Drawing 1.2).

The U.S, Department of Agriculture Soil Conservation Service Wake County Soil Survey indicates that
upland and hydric soils are found on the subject site, with hydric soils limited to the floodplains of streams
and other areas in which frequent wetness and surface ponding are prevalent. Soils observed on the site
ranged from upland soils to State-listed hydric soils. The upland soils were observed to be located on the
higher portions of the site and the hydric soils were observed in the lower-lying, drainage areas of the site.
The wetland areas identified on the site have hydric soils that appear to be either flooded, or saturated at or
near the surface for long periods during the growing season. The 1995 Fuquay-Varina National Wetlands
Inventory map indicates that the northernmost swamp is an area which is permanently flooded and is mapped
as wetlands.

TIle total area of jurisdictional waters ofthe U.S., including wetlands, on the Barker site is field estimated to
be approximately seven acres, much of which is linear, crossing the site generally from west to east in the
northern, central and southern portions of the site (Drawing 1.2).

Regulatory Considerations/Development Implications

Depending on the type and extent of waters to be impacted, wetland permitting requirements can range from
activities that are considered exempt or preauthorized, to those requiring pre-discharge notification (PDN)
for a Nationwide Permit (NWP) or requiring a Section 404 Individual Permit from the USACE. Wetland
permitting requirements are generally based on the acreage of impact; however, adjacent streams that
directly influence the wetlands in question are also considered.

Bob Barker Delineation
LAW Project No. 30741-6-1786

A,

November I. 1996
Page 4

Activity involving the impact of jurisdictional waters on this site may be pennissible under Nationwide
Penn it No. 26 in 33 CFR Part 330, Appendix A, which is applicable to project impacts of less than 10 acres
of waters and/or wetlands above the headwaters (less than five cubic feet per second average annual flow).
Nationwide Permit No. 26 authorizes minor discharges of dredged or fill material into isolated or headwater
waters of the U.S" including wetlands. If the jurisdictional areas to be impacted are considered below the
headwaters and/or the total impact area above the headwaters totals more than 10 acres, then an individual
Section 404 Permit would be required for the proposed development. Wetlands observed on the site appear
to be located adjacent to "above the headwaters" streams and would be applicable for NWP 26 pennitting.

If there arc freshwater wetland impacts exceeding one-third of an acre under NWP 26, then the project will
require a PDN submittal for the proposed impacts. The PDN may require you to address the following
concerns: presence of a protected species, presence of significant cultural resources, and possible wetland
mitigation planning to off-set wetland losses. All activities conducted under the Nationwide Penn it program
must comply with the General Conditions listed under 33 CFR Part 330, Appendix A, Section C (attached).
Pennitting under Section 404 of the Clean Water Act may require coordination with interested agencies
including, but not limited, to the USACE, U.S. Fish and Wildlife Service, N.C. Department of Environment,
Health, and Natural Resources, and the U.S. Environmental Protection Agency.

Recom mendations

After the jurisdictional boundaries have been verified by the USACE, a metes-and-bounds survey should be
conducted by you to detennine the areal extent of the jurisdictional waters on the project site. We shall
review the surveyed wetland map and forward it to the Wilmington District USACE for their final written
verification. We recommend verification of the jurisdictional boundaries by the USACE prior to initiating
filling, construction, mechanized landclearing, or any other impacts on the site. The USACE verification
will provide appropriate documentation for your files concerning the area of jurisdictional waters/wetlands to
be impacted.

Based on our findings from this preliminary study, filling of wetlands shown on our field map could
potentially be conducted within the limits set forth by Nationwide Penn it 26, as long as the conditions of the
penn it are observed. Please note that this conclusion does not consider floodway or floodplain fill
restrictions or any other restrictions as mandated by local ordinance, State or Federal regulation. The
findings of our study are only applicable to the dates of our field investigation.

Conclusion

A

November I, 1996
Page 5

Bob Barker Delineation
LAW Project No. 30741-6-1786

We appreciate the opportunity to conduct these environmental services for the Bob Barker Company. Please
contact Mr. Wayne V. Wilkinson at 919/876-0416 if you have any questions concerning this project.

Sincerely,

LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.

~;:J~

Wayne V. Wilkinson, L.G.
Senior Environmental Geologist

~ -4~..t:k_.:...
~ . ~
Allen W. on er, P.W.S, --
Principal Environmental Scientist

Enclosures: Drawings 1.1 and 1.2
NWP Conditions

,1\)
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/

NORTH

FUQUAY-VARINA, N.C.
N353D-W7845/7,5

~

QUADRANGlE LOCA TlON

1974
PHOTOREVlSEO 1961
OUA 5255 III SE-SERIES V842

2000

NOTE: SITE LOCATION IS APPROXIMATE.

d:1 LAW ENGINEERING AND
..,.,..,.,.,.,.,..,.".,'.,.",.".'"""", ' ENVIRONMENTAL SERVICES, INC.
.... ,'. RALEIGH, NORTH CAROLINA

CONTOUR INTERVAL 10 FEET

GRAPHIC SCALE FEET

1- _.. ~

2000 1000 0

4000

SITE MAP
BOB BARKER DELINEATION
FUQUAY-VARINA, NORTH CAROLINA

DRAWN:
DFT CHECK:
ENG CHECK:
APPROVAL:

DA TE: NOVEMBER 1996
SCALE: 1: 24000
JOB: 30741-6-1786

DWG:

1.1

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality

James B. Hunt. Jr.. Governor
Jonathan B. Howes. Secretary
A. Preston Howard. Jr., P.E.. Director

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April 14, 1997
Wake County
DWQ Project # 970161

APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS

Bob Barker Co., Inc.
118 E. Jones Street
Fuquay-Varina, NC 27526

Dear Sirs:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.4 acres of wetlands or waters for the purpose of constructing a manufacturing facility at SR 1301
near RayChem Plant, as you described in your application dated 21 February 1997. 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 Pennit Number 26 when it is issued by the Corps of
Engineers.
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 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). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. A stonnwater management plan including a dry detention ponds and weirs as discussed in the field on
10 April 1997 with Mr. Mark Davis. This plan shall be submilted to DWQ for wrilten approval before
wetlands are filled. A deed restriction or conservation casement shall be placed on the remaining wetlands on
the site to prevent future fill. In addition, you should get any other federal, state or local pennits before you
go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stonnwater,
Non-Discharge and Water Supply Watershed regulations. This approval will expire when thc accompanying
404 or CAMA pennit expires unless otherwise specified in the General Certification.
If you do not acccpt 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 hcmng, send a written
petition which confonns to Chapter 150B of the North Carolina Gencral Statutcs to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This ccrtification and its conditions
arc fmal and binding unless you ask for a hearing.
This lcttcr completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions, pleasc telephone John Dorncy at 919-733-1786.

Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Officc
Raleigh DWQ Regional Officc
Mr. John Dorncy
Central Files

since~~~

970161.1tr

Division of Water Quality . Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd,. Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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